Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on theneed for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments bothat the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national andEU), lawyers, judges and bailiffs. Provides a unique compilation of original papers by recognized international experts in the field of civil procedure. Includes not only valuable insights in global and European harmonization of civil procedure, but also legislative and practical developments and policy perspectives from eight different jurisdictions. Combines different perspectives on the issue of globalization and harmonization of civil procedure, including perspectives of legal history, policy and law and economics, as well as the interaction with private (international) law. INDICE: Civil litigation in a globalising world - an introduction. Fundamental principles of civil procedure: order out of chaos. Harmonisation of civilprocedure: a historical and comparative perspective. A Law and Economics viewon harmonisation of procedural law. Harmonisation of civil procedure - policyperspectives. Harmonisation of civil procedure and the interaction with private international law. Harmonisation of civil procedure and the interaction with substantive private law. Procedural harmonisation in a European context. Harmonised civil procedure in a world of structural divergences? Lessons learned from the CEPEJ evaluations. United States - Harmonisation and Voluntarism: Therole of elites in creating an influential national model, the Federal Rules of Civil. Switzerland - between cosmopolitanism and parochialism in civil litigation. Globalisation and Scottish Law. A Dutch perspective on civil litigationand its harmonisation. The German approach to the globalisation and harmonisation of civil procedure. Balancing national particularities and international open-mindedness. Convergence of civil procedure systems in Europe. Comments from a Belgian perspective. The French approach to the globalisation and harmonisation of civil procedure. Romanian civil procedure. The reform cycles. Closing comments: harmonisation or globalisation of civil procedure?
- ISBN: 978-90-6704-816-3
- Editorial: T.M.C. Asser Press
- Encuadernacion: Cartoné
- Páginas: 387
- Fecha Publicación: 29/02/2012
- Nº Volúmenes: 1
- Idioma: Inglés