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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Recognition of Foreign Administrative Acts

ISBN13: 9783319189734
Published: December 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

Despatched in 14 to 16 days.

This book presents an analysis of the concept of the administrative act and its classification as 'foreign', and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level.

The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

Public International Law
I. The Impact of Corruption on International Commercial Contracts - General Report
Michael Joachim Bonell and Olaf Meyer
II. New Wine in Old Bottles: Corrupt Foreign Contracts in Canadian Private Law
Joshua Karton and Jenna-Dawn Shervill
III. Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption under Chinese Law
Qiao Liu and Xiang Ren
IV. Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law
Jiri Valdhans
V. The Civil Law Consequences of Corruption According to the Laws of the Least Corrupt Country in the World - Denmark
Peter Damsholt Langsted and Lars Bo Langsted
VI. English Judges: Little Mice in the Big Business of Corruption?
Yseult Marique
VII. Still Some Unclarity Regarding the Legal Consequences Arising from the Nullity of Agreements through Corruption - Estonia
Marko Kairjak
VIII. Who Gets the Bribe? - The German Perspective on Civil Law Consequences of Corruption in International Contracts
Matthias Weller
IX. The Effects of Corruption on Contracts in Italy: The Long Road towards a Legal and Fair, Competitive Market
Paola Mariani
X. Contracts Tainted by Corruption: Does Dutch Civil Law Augment the Criminalization of Corruption?
Abiola Makinwa and Xandra Kramer
XI. Civil Law Forfeiture as Means to Restrict the Application of the in pari delicto-Principle and Other Private Law Consequences of Corruption under Polish Law
Maksymilian Pazdan and Maciej Zachariasiewicz
XII. Corruption in International Commercial Contracts - A Portuguese Substantive and Private International Law Perspective
Luis de Lima Pinheiro
XIII. Russian Experience and Practice on Civil Law Consequences of Corruption
Sergey Usoskin
XIV. For a Few Dollars More - Corruption in Singapore
Michael Furmston
XV. The Civil Law Consequences of Corruption under South African Law
Tjakie Naude
XVI. Impact of Bribery on Contracts under Swiss Civil Law
Christa Kissling
XVII. The Civil Law Consequences of Corruption under the UNIDROIT Principles of International Commercial Contracts: an Analysis in Light of International Arbitration Practice
Richard Kreindler and Francesca Gesualdi
XVIII. The United States' Multidimensional Approach to Combatting Corruption
Padideh Ala'i
XIX. Fighting Corruption from the Civil Side: Echoes from the Silence of Venezuelan Contract Law
Eugenio Hernandez-Breton and Claudia Madrid Martinez.