Comparative law Books

Book SynopsisThis comprehensive research review discusses an array of distinguished papers from within the sphere of comparative labour law, covering the subject's most compelling and thought-provoking questions. Topics include the uses and limits of comparative labour law, the enforcement of labour rights and the methods of comparative labour law. Prefaced with an original introduction by the editor, this collection promises to be a useful research tool for scholars and practitioners, as well as a fascinating read for those interested in the field.Trade Review‘An Herculean effort that teases out all the major threads in modern comparative labor law scholarship and weaves them into a comprehensive and comprehensible whole.’ -- Matthew Finkin, University of Illinois, Urbana-Champaign, USTable of ContentsContents: Introduction Anne Trebilcock PART I THE USES AND LIMITS OF COMPARATIVE LABOUR LAW A. Reflections on the Comparative Exercise 1. Alan C. Neal (2015), ‘Endangered Species or Renaissance Child?’, European Labour Law Journal, 6 (2), June, 152–74 2. Katherine V.W. Stone (2007), ‘A New Labor Law for a New World of Work: The Case for a Comparative-Transnational Approach’, Comparative Labor Law and Policy Journal, 28 (3), 565–81 3. Reinhold Fahlbeck (2003), ‘Comparative Labor Law – Quo Vadis?’, Comparative Labor Law and Policy Journal, 25 (1), 7–19 4. Harry W. Arthurs (2007), ‘Compared to What? The UCLA Comparative Labor Law Project and the Future of Comparative Labor Law’, Comparative Labor Law and Policy Journal, 28 (3), 591–612 B. Transposition and Transplants 5. Julia López (2007), ‘Beyond the National Case: The Role of Transnational Labour Law in Shaping Domestic Regulation’, Comparative Labor Law and Policy Journal, 28 (3), 547–63 6. Xavier Beaudonnet (2006), ’How Domestic Jurisdictions use Universal Sources of International Law’, Labour Education, 2-3 (143-44), 9–19 7. Bob Hepple (1999), ‘Can Collective Labour Law Transplants Work? The South African Example’, 20 (1), Industrial Law Journal [South Africa], January, 1–12 8. Christopher Whelan (1982), ‘On Uses and Misuses of Comparative Labour Law: A Case Study’, The Modern Law Review, 45 (3), May, 285–300 PART II METHODS OF COMPARATIVE LABOUR LAW 9. David E. Pozen (2006), ‘The Regulation of Labour and the Relevance of Legal Origin’, Comparative Labor Law and Policy Journal, 28 (1), 43–55 10. Simon Deakin, Priya Lele and Mathias Siems (2007), ‘The Evolution of Labour Law: Calibrating and Comparing Regulatory Regimes’, International Labour Review, 146 (3–4), September, 133–62 11. Alain Supiot (1999), ‘The Transformation of Work and the Future of Labour Law in Europe: A Multidisciplinary Perspective’, International Labour Review, 138 (1), March, 31–46 12. Philippe Auvergnon (2015), ‘Regionalisation of Labour Law in Africa: The OHADA Project’, E-Journal of International and Comparative Labour Studies, 4 (2), May-June, 1–29 13. Dagmar Schiek (2017), ‘Comparing Labour Laws in the EU Internal Market: A Social Actors Perspective’, International Journal of Comparative Labour Law and Industrial Relations, 33 (1), February, 171–94 14. Silvia Spattini (2012), ’Agency Work: A Comparative Analysis’, E-Journal of International and Comparative Labour Studies, 1 (3–4), December, 169–210 PART III AXES OF COMPARISON: TERRITORIES AND TOPICS A. Selected Territories 15. Sean Cooney, Petra Mahy, Richard Mitchell and Peter Gahan (2014), ‘The Evolution of Labor Law in Three Asian Nations: An Introductory Comparative Study’, Comparative Labor Law and Policy Journal, 36 (1), 23–68 16. Colin Fenwick and Evance Kalula (2005), ‘Law and Labour Market Regulation in East Asia and Southern Africa: Comparative Perspectives’, International Journal of Comparative Labour Law and Industrial Relations, 21 (2), 193–226 17. Judy Fudge (2015), ‘Constitutionalizing Labour Rights in Canada and Europe: Freedom of Association, Collective Bargaining, and Strikes’, Current Legal Problems, 68 (1), January, 267–305 18. Arturo Bronstein (2010), ‘Labour Law in Latin America: Some Recent (and not so recent) Trends’, International Journal of Comparative Labour Law and Industrial Relations, 26 (1), 17–41 19. Annamaria Donini, Michele Forlivesi, Anna Rota and Patrizia Tullini (2017),’ Towards Collective Protections for Crowdworkers: Italy, Spain and France in the EU Context’, Transfer: European Review of Labour and Research, 23 (2), May, 207–23 B. Selected Topics of Comparison 20. Marie-Laure Morin (2005), ‘Labour Law and New Forms of Corporate Organization’, International Labour Review, 144 (1), September, 5–30 21. Lisa Rodgers (2012), ‘Vulnerable Workers, Precarious Work and Justifications for Labour Law: A Comparative Study’, E–Journal of International and Comparative Labour Studies, 1 (3–4), November, 87–113 22. Shae McCrystal (2014), ‘Collective Bargaining Beyond the Boundaries of Employment: A Comparative Analysis’, Melbourne University Law Review, 37 (3), 662–98 23. Mary Cornish (2007), ‘Closing the Global Gender Pay Gap: Securing Justice for Women’s Work’, Comparative Labor Law and Policy Journal, 28 (2), 219–49 24. Elaine Dewhurst (2013), ’Models of Protection of the Right of Irregular Immigrants to Back Pay: The Impact of the Interconnection Between Immigration Law and Labour Law’, Comparative Labor Law and Policy Journal, 35 (2), 217–46 25. Julie C. Suk (2011), ‘Preventive Health at Work: A Comparative Approach’, American Journal of Comparative Law, 59 (4), October, 1089–134 26. Guy Davidov and Edo Eshet (2015), ‘Intermediate Approaches to Unfair Dismissal Protection’, Industrial Law Journal, 44 (2), May, 167–93 27. Matthew W. Finkin (2008), ’Privatization of Wrongful Dismissal Protection in Comparative Perspective’, Industrial Law Journal, 37 (2), June, 149–68 PART IV SEEKING ENFORCEMENT OF RIGHTS AT WORK 28. Wenjia Zhuang and Kinglun Ngok (2014), ’Labour Inspection in Contemporary China: Like the Anglo-Saxon Model, but Different’, International Labour Review, 153 (4), December, 561–85 29. Fernando Teixeira da Silva (2010), ’The Brazilian and Italian Labour Courts: Comparative Notes’, International Review of Social History, 55 (3), 381–412 30. Lara Blecher (2017), ’Codes of Conduct: The Trojan Horse of International Human Rights Law?’, Comparative Labor Law and Policy Journal, 38 (3), 437–76 31. Adelle Blackett (2015), ‘Social Regionalism in Better Work Haiti’, International Journal of Comparative Labour Law and Industrial Relations, 31 (2), 163–85 32. Lance A. Compa and Jeffrey S. Vogt (2001),’Labor Rights in the Generalized System of Preferences: A 20-Year Review’, Comparative Labor Law and Policy Journal, 22 (2/3), 199–238 Index

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Book SynopsisThis book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball (MLB) in the United States and Nippon Professional Baseball (NPB) in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball.Each system of labour regulation can be viewed as an autopoietic system of law that utilizes voluntary self-regulation as the basis for regulation. While the regulatory systems in each league govern labour mobility in a similar manner using labour controls such as the draft, the reserve system and free agency, the two systems operate differently in terms of the level of labour mobility enjoyed by players. Formal rules, informal rules and normative practice result in MLB having relatively high levels of labour mobility for free agent players while similar players enjoy limited mobility in NPB.The book's engaging, multifaceted focus and comparative nature make it an excellent resource for lawyers, academics and advanced students interested in labour law, sports law, and Asian and European law.Trade Review‘Nichol has written a fascinating account of labour mobility in baseball whilst dissecting theories underpinning the regulation of employment in the sport and building a case for a global player transfer system.’ -- Stacey Steele, Australian Journal of Asian Law‘The confronting assertion that baseball labour is commodified has not been weakened by the MLB’s efforts to restart the season during the pandemic, making Matt Nichol's scholarly examination of “labour regulation and labour mobility in professional baseball’s two elite leagues” both timely and important.’ -- Micah Burch, Zeitschrift für Japanisches RechtTable of ContentsContents: 1. Introduction 2. Overview of Professional Baseball in the United States and Japan 3. The Principle That Labour is Not a Commodity 4. Regulation and Labour Regulation 5. Internal Regulatory Actors and Mechanisms in Professional Baseball 6. External Regulatory Actors and Mechanisms in Professional Baseball 7. The Law and the Principle of Labour Mobility 8. The Scope of Labour Mobility in Professional Baseball 9. The Commodification of Labour in Professional Baseball 10. Globalization and the Framework for a New Global Player Transfer System in Baseball 11. Conclusion Bibliography Index

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Book SynopsisExamining the ways and extent to which systemic factors affect health outcomes with regard to quality, affordability and access to curative healthcare, this explorative book compares the relative merits of tax-funded Beveridge systems and insurance-based Bismarck systems. The Law and Policy of Healthcare Financing charts and compares healthcare system outcomes throughout 11 countries, from the UK to Colombia. Thematic chapters investigate the economic and legal explanations for the relevant similarities, variations and trends across the globe. Concluding that systemic factors may be less significant than previously believed, this comprehensive book notes that no one system consistently outperforms the others, yet incentives and funding improvements may lift performances across all curative healthcare systems. Analytical and comparative, this book will be of interest to academics working in the fields of health law and health economics. Public authorities including health ministries, policymakers and international health organisations will also find this to be an invaluable resource. Contributors include: F. Bachner, J. Bobek, J. Boertjens, P. Bogetoft, J.M. Burke, F. Dewallens, I. Durand-Zaleski, A. Geissler, C. Góngora Torres, M. Guy, T. Haanperä, J. Janus, S. Jerabkova, L. Lepuschütz, J. Lombard, M. Mikkers, G. O'Nolan, M.J. Perez-Villadoniga, H. Platou, K. Polin, W. Quentin, W. Sauter, V. Shestalova, K.H. Søvig, V. Stephani, A. van den Heever, J. van Manen, J. VermeulenTrade Review'How we pay for our healthcare systems is nothing short of a test of our success as communities and nations: healthcare preserves and promotes human dignity. The balance between rising demands and costs, access for all, and efficiency and quality is pursued in different ways. Studies like this - even though comparable data is scarce - help us see possible better ways forward. The editors have assembled an impressive team, and their comparative research design yields rich insights.' --Tamara Hervey, University of Sheffield, UK'Due to aging populations and technological advancements, countries are facing the challenge of improving healthcare quality, while maintaining access and containing cost. Focusing on the hospital sector, this book discusses how a variety of 11 countries try to meet this challenge. Specific attention is paid to the role of the regulatory framework, market structure, rationing and reimbursement methods. Although no best practice emerges, this book may be very useful for policymakers and anyone else interested in cross-country comparison.' --Frederik T. Schut, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: Introduction: healthcare financing – an international comparison of models and outcomes Jos Boertjens, Johan van Manen, Misja Mikkers and Wolf Sauter PART I THEMATIC CHAPTERS 1. Explaining America’s spendthrift healthcare system: the enduring effects of public regulation on private competition William M. Sage 2. Effective access to healthcare services abroad under the EU Directive on Cross-Border Patients’ Rights Jarleth M. Burke 3. A legal perspective on tax-based versus insurance-based healthcare systems: comparing England and the Netherlands Jos Boertjens and Mary Guy 4. A theoretical model of the determinants of waiting lists: an application to the Spanish national health system Ana Rodríguez-Álvarez and Maria J. Perez-Villadoniga 5. Financial incentives to change the healthcare landscape: a case study Josine Janus 6. Population-based financing: the future of healthcare? Peter Bogetoft, Misja Mikkers and Victoria Shestalova PART II COUNTRY REPORTS 7. Country report: Austria Julia Bobek, Lena Lepuschütz and Florian Bachner 8. Country report: Belgium Filip Dewallens and Julie Vermeulen 9. Country report: Czech Republic – hospital financing in the Czech Republic Silvie Jerabkova 10. Country report: Colombia – approach to healthcare financing in Colombia and its impact on quality, affordability and competition Catalina Góngora Torres 11. Country report: England Tuomas Haanperä 12. Country report: France Isabelle Durand-Zaleski and Johan van Manen 13. Country report: Germany Katherine Polin, Wilm Quentin, Victor Stephani and Alexander Geissler 14. Country report: Ireland John Lombard and Gerald O’Nolan 15. Country report: the Netherlands Johan van Manen 16. Country report: Norway Karl Harald Søvig and Harald Platou 17. Country report: South Africa Alex van den Heever Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. 'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.'- Qiao Liu, The University of Queensland, Australia This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law. Key features include: Comprehensive treatment of main themes and approaches in law and globalisation discussions Provides a theoretical basis for evaluating legal globalisation Includes contemporary developments Examples from many jurisdictions offer a genuinely global perspective. An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.Trade Review'The field of law and globalisation is increasingly important, but also increasingly difficult to navigate, because it encompasses an expanding range of concepts, perspectives, and phenomena -- global law, global governance, transnational law, comparative law, legal pluralism, universalism, and so on -- that scholars rarely take the time to distinguish or define. Professor Husa has done students and scholars alike a great service by writing a fair-minded and broad-ranging introduction to the subject that cuts through this thicket in clear and concise fashion.' --David S. Law, Washington University in St. Louis, US and The University of Hong Kong'This timely book provides a perfect introduction to the multifaceted and ambivalent discussion about law and globalisation. Written by an authority in the field, this book is not only a concise and highly readable introduction for newcomers to the field, but also provides a well-informed and innovative critique of the foundations and consequences of globalisation of law. Highly recommended!' --Jan Smits, Maastricht University, the Netherlands.'Professor Husa's advanced introduction to globalisation and law is a timely and much needed work that examines the topic, not in some textbook defined way, but in terms of the tensions and debates that this complex and controversial subject generates. The author begins by showing that historically law has always had a global dimension (ius gentium, ius commune, ius naturale, colonialization, human rights etc) and he goes on to consider the difficulties that globalisation presents to comparative lawyers. Professor Husa guides the reader effortlessly through these difficulties and advances his own important argument that comparative law will have to move away from its traditional nation state bound view of law. He pursues this argument in examining the more precise aspects of the global debate - neoliberalism, constitutionalism, human rights, lex mercatoria and judicial internationalisation - before posing this question. What kind of theoretical and methodological base is required when thinking about law in a global context? Traditional theory and methods are tested within the globalisation paradigm and the author concludes by stressing the importance of legal pluralism within a culturally diverse world. How should all of this impact on legal education and in turn on legal language? What Professor Husa provides is a very informative and clear analysis - introductory but equally profoundly wide-ranging in its research base - of these two issues. Legal globalisation? Here in this book are all the arguments, debates, tensions and of course some answers.' --Geoffrey Samuel, Kent Law School, UKTable of ContentsContents: Preface PART I FOUNDATIONS 1. Defining law and globalisation 2. Globalisations in time PART II LEGAL GLOBALISATIONS 3. Comparative law and global law 4. Globalising legalities PART III THEORY AND METHODOLOGY 5. Theorising globally 6. Methodological views PART IV EDUCATION AND LANGUAGE 7. Educating lawyers 8. Language of law and legal globalisation 9. Conclusion Index

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Book Synopsis'El libro de S.I. Strong, Katia Fach Gómez y Laura Carballo Piñeiro sigue la estructura de algunos textos clásicos de Derecho Comparado, como los de Rudolf Schelsinger y John Henry Merryman, cotejando los elementos generales de los dos grandes sistemas jurídicos del Derecho Civil y el Common Law, analizando las semejanzas y diferencias de ambos sistemas con un fin eminentemente práctico: atender a las necesidades de aquellos que trabajan cruzando las fronteras lingüísticas para analizar un análisis comparado.'- Rodrigo Polanco Lazo, Universidad de Chile and Universidad de Berna, Suiza Comparative Law for Spanish-English Lawyers (Derecho Comparado para Abogados Anglo- e Hispanoparlantes) provides lawyers and law students who are conversationally fluent in both Spanish and English with the information and skills needed to undertake comparative legal research in their second language and facilitate communication with colleagues and clients in that language.Key features include: fully Spanish-English bilingual enables lawyers to develop the broad practical skills critical to success in today's increasingly international legal market covers a variety of substantive and procedural areas of law and includes information on legal and business practices in a number of English- and Spanish-speaking jurisdictions contextualizes information about foreign legal systems and develops readers' linguistic and legal skills through both immersion and instruction. Suitable for use by both individuals and groups, helping practitioners, academics and law students at any stage of their professional development, this book is perfect for anyone who wishes to move from conversational fluency in a second language to legal fluency.Comparative Law for Spanish English Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.Trade ReviewComparative Law for Spanish-English Speaking Lawyers is an extremely well researched and well put together book, and it will be a worthwhile investment for those attorneys who regularly conduct business with Span and/or Mexico. Additionally, law schools with Study Abroad programs in a variety of Spanish speaking nations will find this a valuable resource, useful for preparing their students for coursework and even internships in those foreign countries.' --Stacy Fowler, International Journal of Legal Information'This insightful book offers innovative solutions to tackle the cultural, legal and linguistic nuances which inevitably arise in international law, trade and commerce. It will also provide assistance to the international legal community by providing a greater degree of legal certainty and precision. For these reasons alone, it is a necessary addition to any bilingual (Spanish-English) practitioner's library, as well as a template for further works in other languages.' --Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP, UK'La originalidad de su concepción y el alto valor práctico añadido a los materiales incluidos en el texto sólo permiten abrigar buenos augurios. Es probable, incluso, que el libro abra una nueva modalidad para los escritos de Derecho comparado que comience a extenderse a otros binomios lingüísticos, lo cual sería una excelente noticia.' --Diego P Fernández Arroyo, Sciences Po Law School, FranceTable of ContentsContents: About the authors - Sobre las autoras Foreword - Prologo Preface - Prefacio Acknowledgements - Agradecimientos Permissions - Permisos List of abbreviations - Lista de abreviaturas Table of cases - Tabla de jurisprudencia Table of legislation - Table de legislacion PART I: INTRODUCTION - SECTION I INTRODUCCIÓN 1. Introduction – Introducción 2. Legal, Business and Social Cultures – Culturas Jurídicas, Empresariales Y Sociales SECTION II : SOURCES OF LAW/SECCION II FUENTES DEL DERECHO 3. Basic Principles of Comparative Law – Principios Básicos De Derecho Comparado 4. Legislation – Legislación 5. Decisions From Judicial and Other Tribunals – Decisiones De La Judicatura Y Otros Tribunales 6. Treatises and Scholarly Commentary – Doctrina SECTION III: SUBJECT-SPECIFIC AREAS OF LAW/SECCIÓN III – ÁREAS JURÍDICAS ESPECÍFICAS 7. Substantive Law – Derecho Sustantivo 8. Procedural Law – Derecho Procesal SECTION IV: PRACTICAL ISSUES/SECCIÓN IV – CUESTIONES PRÁCTICAS DE LA PRACTICA JURIDICA 9. Submissions to Judicial, Arbitral and Other Tribunals – Escritos Dirigidos A Tribunales De Justicia, Arbitrales Y Otros 10. Trasactional Documents/Documentos Transaccionales 11. Internal and External Correspondence and Memoranda – Correspondencia Externa E Interna Y Dictámenes SECTION V: EXERCISES AND FURTHER DEVELOPMENT/SECCIÓN V – EJERCICIOS Y OTROS DESARROLLOS 12. Mock Arbitral Dispute – Simulación De Arbitraje 13. Mock Legal Transaction – Simulación De Transacciónes Jurídicas 14. Answers to self-tests - Contestaciones a las autoevaluaciones Index/Indice

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Book SynopsisThe contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community. Authoritarian Constitutionalism is of great interest to teachers, scholars and students of comparative constitutional law, comparative politics, and legal and political theory.Contributors include: H. Alviar García, D. Davis, M.W. Dowdle, O. El Manfalouty, G. Frankenberg, R. Gargarella, J. González Jácome, D. Kennedy, E. Mérieau, S. Newton, N. Spaulding, N. Sultany, M. Wilkinson, H. YamamotoTrade Review'The terms ''authoritarian constitutionalism'' may appear contradictory; but as this rich and far-reaching collection of essays demonstrates it is a widespread phenomenon which must be taken seriously at a time when democracy is under threat worldwide. This superb collection serves variously as an introduction to the topic, a penetrating theoretical and jurisprudential analysis, a new lens from which to view important debates about issues such as nationhood and inequality, and a global examination of the varying forms of authoritarian constitutionalism. It also sheds uncomfortable light on what we take to be exemplary, liberal and democratic constitutionalism. The result is the elaboration of an illuminating framework with which to study global and comparative constitutionalism.' --Tony Anghie, National University of Singapore and University of Utah, US'What if the liberal belief in a Constitution as safeguard and backbone of a democratic, inclusive and egalitarian society turned out to be wrong? The contributors to this extremely well-curated volume provide challenging evidence of the myriad ways in which constitutional texts and practices can and in fact do facilitate, endorse and empower authoritarianism. Calling for a critical reevaluation of liberal constitutionalism, this analysis - from Colombia to the US, Hungary to South Africa, Egypt to Singapore and Japan - is more than just an annotation at the margins of a self-involved, European script of ''global constitutionalism''. It emphasizes the need and value of connecting comparative constitutionalist local ethnographies in ''the North'', ''the South'', the ''West'' and ''the East'' with a thorough analysis of transnational regulatory dynamics.' --Peer Zumbansen, King's College London, UK and Osgoode Hall Law School, York University, CanadaTable of ContentsContents: Preface Günter Frankenberg, Norman Spaulding, Helena Alviar García 1. Authoritarian Constitutionalism – Coming to terms with modernity’s nightmares Günter Frankenberg 2. Neoliberalism as a form of Authoritarian Constitutionalism Helena Alviar García 3. Authoritarian Constitutionalism: The South African Experience Dennis M. Davis 4. Infrastructural Power and its Possibilities for the Constitutional Evolution of Authoritarian Political Systems: Lessons from China Michael W. Dowdle 5. Authoritarian Constitutionalism in the Islamic World-Theoretical Considerations and Comparative Observations on Syria and Turkey Omar El Manfalouty 6. Authoritarian Constitutionalism in Latin America: From Past to Present Roberto Gargarella 7. Authoritarianism and the Narrative Power of Constitutionalism in Venezuela Jorge González-Jácome 8. Authoritarian Constitutionalism in Liberal Democracies Duncan Kennedy 9. French Authoritarian Constitutionalism and its Legacy Eugénie Mérieau 10. Plus ça change …the riddle of all Central Asian constitutions Scott Newton 11. Constitution of False Prophecies: The Illiberal Transformation of Hungary Maximilian Pichl 12. States of Authoritarianism in Liberal Democratic Regimes Norman W. Spaulding 13. Arab Constitutionalism and the Formalism of Authoritarian Constitutionalism Nimer Sultany 14. Authoritarian Liberalism as Authoritarian Constitutionalism Michael A. Wilkinson 15. An Authoritization of Japanese Constitutionalism? Hajime Yamamoto Index

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Book Synopsis'The fields of comparative administrative law and its close cousin, regulatory law, are now experiencing the explosion that occurred a while ago in comparative constitutional law. This Bignami and Zaring volume provides both excellent introduction into these newest developments and a record of substantial research achievements.'- Martin Shapiro, University of California, Berkeley, School of LawRegulation today is global. It affects everything from e-commerce to product safety to air quality and much more. How is regulation made and enforced in the multiple domestic and international jurisdictions called upon to address the problems of international markets and global society? To understand the global regulatory process, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from an international team of leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the regulatory process across the world. The volume affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals.The theoretical and methodological innovations introduced in this book will make it compulsory reading for scholars of public law, comparative law, and international law as well as those working in public policy, political science, and economics. For legal professionals in government agencies and the private sector, it affords both a useful theoretical framing of the complex issues involved in international and comparative regulation and an up-to-date overview of the legal and technical aspects. Contributors include: J. Baert Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C. Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y. Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J. Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S. Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. ZaringTrade ReviewComparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' --Michael Asimow, Stanford Law School'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' --Mark Tushnet, Harvard Law School'Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' --Sidney Shapiro, Wake Forest UniversityTable of ContentsContents: INTRODUCTION A New Field: Comparative Law and Regulation Francesca Bignami PART I THE REGULATORY STATE ACROSS THE GLOBE 1. The Historical Origins of American Regulatory Exceptionalism Reuel Schiller 2. Regulation in the European Union R. Daniel Kelemen 3. The Regulatory State in East Asia John Ohnesorge PART II RULEMAKING 4. Participation in the U.S. Administrative Process Wendy Wagner 5. Regulatory Procedure and Participation in the European Union Stijn Smismans PART III OVERSIGHT 6. Impact Assessment: Diffusion and Integration Jonathan B. Wiener and Daniel L. Ribeiro 7. Access to Information in the UK and India Ben Worthy PART IV ENFORCEMENT 8. The Campaign Enforcement Style: Chinese Practice in Context and Comparison Benjamin Van Rooij 9. Can Private Class Actions Enforce Regulations? Do They? Should They? Deborah R. Hensler PART V JUDICIAL REVIEW 10. Regulation and the Courts: Judicial Review in Comparative Perspective Francesca Bignami 11. Proportionality Review of Administrative Action in Japan, Korea, Taiwan, and China Cheng-Yi Huang and David S. Law 12. Structural Reform Litigation, Regulation and the Right to Health in Colombia Everaldo Lamprea, Lisa Forman and Audrey R. Chapman 13. The Law of Lawmaking: Positive Political Theory in Comparative Public Law Susan Rose-Ackerman, Stefanie Egidy and James Fowkes PART VI PRIVATE REGULATION AND NEW GOVERNANCE 14. The Troubling Conjunction of Public and Private Law Peter L. Strauss 15. Performance-Based Regulation: Concepts and Challenges Cary Coglianese 16. Transplanting Law in a Globalized World: Private Transnational Regulation and the Legal Transplant Paradigm Jodi L. Short PART VII INTERNATIONAL JURISDICTIONS 17. How the WTO Shapes the Regulatory State Gregory Shaffer 18. International Investment Law and Regulatory Governance Jason Yackee 19. The Emerging Post-Crisis Paradigm for International Financial Regulation David Zaring 20. The Integrated Administrative Law and Governance of the European Union Herwig C. H. Hofmann 21. Governing Disasters: The Challenge of Global Disaster Law and Policy Eric A. Feldman and Chelsea Fish Index

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Book SynopsisThis timely Research Handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices. Comparative Election Law features a wide scope of coverage, from distribution of the franchise, to candidate qualifications, to campaign speech and finance, to election administration, and more. Contributions from a range of expert scholars in the field are brought together to tackle difficult problems surrounding the definition of the democratic demos, as well as to lay bare important disjunctions between democratic ideals and feasible democratic regimes in practice. Furthermore, a comparative approach is also taken to examine democratic regimes at a theoretical as well as a descriptive level.Featuring key research in a vitally important area, this Research Handbook will be crucial reading for academics and students in a range of fields including comparative law, legal theory, political science, political theory and democracy. It will also be useful to politicians and government officials engaged in election regulation, due to its excellent perspective on the range of regulatory options and how to evaluate them.Trade Review‘This is a fabulous book by one of the leading thinkers of law and democracy. It fills a tremendous hole in the literature by emphasizing the importance of a comparative approach to helping us think anew about both old and new problems in law and democracy.’ -- Guy-Uriel Emmanuel Charles, Harvard Law School, US‘This rich edited volume belongs on the bookshelf of any serious student of election law anywhere in the world. The quality of the contributors and the depth of analysis is unparalleled, bringing together some of the most thoughtful scholars considering essential questions on the nature of democracy, election rules, and popular will. A must read!’ -- Richard L. Hasen, University of California, Irvine, USTable of ContentsContents: INTRODUCTION 1 Introduction: election law—universal or particular? 2 James A. Gardner PART I TWO VIEWS OF ELECTION LAW 2 Concepts and principles of electoral law in Europe 15 Anna Gamper 3 Comparative election law in Canada 32 Hoi L. Kong PART II PROBLEMS OF THE DEMOS 4 Representation in federations 51 Nicholas Aroney and Lauren Causer 5 Indigenous peoples and electoral law 71 Andrew Geddis 6 The fraud of John Locke: subnational challenges to democratic theory 90 Makau W. Mutua 7 Democracy and secessionism: constitutional firewalls and an emerging accommodational paradigm 115 Marc Sanjaume-Calvet PART III INSTITUTIONS AND STRUCTURES 8 Electoral systems and conceptions of politics 140 James A. Gardner 9 Constitutional design of political rights: the emerging model 158 Michael Pal 10 Political parties: private associations or public utilities? 177 Anika Gauja 11 Why representative democracy requires referendums 193 Dennis F. Thompson 12 The role of deliberative peace referendums in the constitutional settlement of conflict 212 Ron Levy and Ian O’Flynn PART IV VOTING 13 Elections, republicanism, and the demands of democracy: a view from the Americas 236 Roberto Gargarella 14 The long and unfinished road to universal suffrage and the development of electoral institutions: a Latin American perspective, 1810–1985 250 Eduardo Posada-Carbó 15 Constructing the demos: voter qualification laws in comparative perspective 272 Yasmin Dawood 16 Disenfranchisement due to crime 290 Chad Flanders PART V CANDIDATES 17 Qualifications to be an elected representative 305 Graeme Orr 18 A constitutional perspective on electoral gender quotas 322 Patricia Popelier 19 Designing and protecting presidential term limits 344 David Landau and Rosalind Dixon PART VI CAMPAIGN SPEECH AND FINANCE 20 Campaign speech and the universal dilemma in the common law of elections: a lesson from the Anglo-American divide 369 Jacob Eisler 21 Campaign finance and electoral speech in the media 388 Jacob Rowbottom 22 Regulating money in politics: from electoral integrity to democratic integrity 410 Joo-Cheong Tham PART VII ADMINISTRATION 23 Comparative election administration: a legal perspective on electoral institutions 436 Daniel P. Tokaji 24 Depoliticizing redistricting 459 Nicholas Stephanopoulos CONCLUSION 25 Conclusion: inequality, corruption, and climate change—rethinking election law in the twenty-first century 478 Timothy K. Kuhner Index

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Book SynopsisLawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions.The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.Trade Review‘Adjudicating Revolution is an erudite, original and important work on the legal mechanisms by which revolutions become entrenched into societies with the help of judges from the pre-revolutionary time, as well as by other means. The authors are professors of law who take us beyond law into the realms of political science, sociology and philosophy to explore the underpinnings of successful and unsuccessful revolutions in a fascinating work that spans time and place.’ -- Vivian Curran, International Academy of Comparative Law and University of Pittsburgh, US‘The world’s constitutional history is littered with coups and revolutions. Objecting to the constitution in place, politicians and military officers attempt to, purport to, or actually do start to implement policies under the guise of law. Soon enough courts are called upon to determine the legal status of those actions. Through detailed case studies Professors Kay and Colón-Ríos show what the courts have done. Do they invoke law or only the simulacrum of law—and does the distinction matter? The questions raised in this book go to the very foundations of constitutional thinking and the work deserves close attention by constitutional scholars everywhere.’ -- Mark Tushnet, Harvard Law School, US‘Two of our clearest analysts of the source of constitutional authority join forces in a tour de force. Highly recommended!’ -- Tom Ginsburg, University of Chicago Law School, USTable of ContentsContents: 1. Introduction: the law of revolutions 2. Confederate States of America, 1861–96 3. Argentina, 1865–1990 4. Colombia, 1957–2003 5. Rhodesia, 1965–70 6. Spain and Catalonia, 1935–2019 7. Grenada, 1985 8. Peru, 2002–03 9. Fiji, 2001–09 Appendix: Other cases Index

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Book SynopsisThe subject of investment relationships between the European Union and China is an increasingly vital topic to understand, yet academic literature has until now been underexplored. Bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, which will prove to be vital in the field of international economic law.Divided into three parts, this book deals with the key issues of the EU-China investment partnership and its implications, both internally and internationally. Each chapter in China-European Union Investment Relationships covers a core theme of the subject of international economic law, including competition law, financial regulation, economic integration and dispute resolution.Covering the key topics in the area, and drawing diverse perspectives into a single collection, this book is an important resource for scholars and practitioners in legal and policy fields, and will be invaluable for students of trade and investment law to understand in more detail human rights and environmental law and policy.Contributors include: J. Baumgartner, J. Chaisse, N.B. Duong, D. Freeman, M. Hodgson, J. Hu, J. Jemielniak, C.-C. Kao, P. Kerneis, D.J. Lewis, F. Lupo-Pasini, E. Neframi, F.D. Simões, V.V. Thien, C. Titi, C.-H. WuTrade Review'This is a first-rate book on how to comprehend and approach China-EU investment relationships. Professor Julien Chaisse and the contributors, through political economics, international relations and international law perspectives, offer thought-provoking insights of the history, present and future of these relationships. The book presents comprehensive and convincing arguments on a number of important aspects of these relationships, including the negotiation of an investment treaty and the reform of the investor-state dispute settlement mechanism. It is an indispensable reference for national and international policymakers, legal practitioners and scholars in the field of international investment and trade law.' --Manjiao Chi, University of International Business and Economics, China'Unlike the multilateral trade system sponsored by the WTO, the international investment regime is governed either by bilateral agreements or simply by domestic law. China and the EU are the two most important investors and host country (area) for each other. The rapid increase of FDI needs a comprehensive agreement to navigate it in a consistent and predictable way. The current book China-European Union Investment Relationships anticipates the forthcoming negotiations and examines the legal positions from which both parties will begin their negotiations. In so doing, this book provides stakeholders, such as policymakers, academics and the general public, with a roadmap to the issues raised in the forthcoming negotiations.' --Jiaxiang Hu, Koguan, Shanghai Jiao Tong University, ChinaTable of ContentsContents: 1. Toward A Comprehensive EU-China Investment Agreement Julien Chaisse Part I Drivers and Issues of China-EU Investment Relationships 2. Negotiating an Uncertain World: Economic and Political Dimensions of the Comprehensive Agreement on Investment Duncan Freeman 3. The Competence to Conclude the EU’s New Generation of Free Trade Agreements: Lessons From Opinion 2/15 Eleftheria Neframi 4. EU-China Economic Relations: Interactions and Barriers Pascal Kerneis 5. The Potential Role of Sustainability Impact Assessment in the EU-China BIT Negotiations Fernando Dias Simões Part II China-EU: Towards Innovation in Rule-Making? 6. FTZS, Catnthey Initiative A New Round Of Reforms In China? Jiaxiang Hu 7. Refining the Expropriation Clause: What Role for Proportionality? Catharine Titi 8. Investor nationality and the definition of investment: Policy options to limit the practice of “treaty shopping” Jorun Baumgartner 9. Emerging Regulatory Issues for Financial Services in the New Generation of FTAs Federico Lupo-Pasini 10. OBOR in the Context of China-EU FDI and China’s Evolving Economic Diplomacy Donald J. Lewis 11. Investment Related Provision of EVFTA: Implications for Vietnam’s Policy Reforms Nguyen Binh Duong 12. Toward An EU-Taiwan Bilateral Investment Treaty: A Roadmap Chien-Huei Wu Part III From Investor-State Arbitration to a Permanent Investment Court? 13. How Much of a Court? The EU Investment Court System as a Hybrid Mechanism Joanna Jemielniak 14. The Inclusion of Investment Court System into the EU-China CAI: Innovations, Prospects and Problems Chi-Chung Kao 15. The Appellate Option: Promises and Pitfalls Matthew Hodgson and Vee Vian Thien Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. 'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.'- Qiao Liu, The University of Queensland, Australia This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law. Key features include: Comprehensive treatment of main themes and approaches in law and globalisation discussions Provides a theoretical basis for evaluating legal globalisation Includes contemporary developments Examples from many jurisdictions offer a genuinely global perspective. An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.Trade Review'The field of law and globalisation is increasingly important, but also increasingly difficult to navigate, because it encompasses an expanding range of concepts, perspectives, and phenomena -- global law, global governance, transnational law, comparative law, legal pluralism, universalism, and so on -- that scholars rarely take the time to distinguish or define. Professor Husa has done students and scholars alike a great service by writing a fair-minded and broad-ranging introduction to the subject that cuts through this thicket in clear and concise fashion.' --David S. Law, Washington University in St. Louis, US and The University of Hong Kong'This timely book provides a perfect introduction to the multifaceted and ambivalent discussion about law and globalisation. Written by an authority in the field, this book is not only a concise and highly readable introduction for newcomers to the field, but also provides a well-informed and innovative critique of the foundations and consequences of globalisation of law. Highly recommended!' --Jan Smits, Maastricht University, the Netherlands.'Professor Husa's advanced introduction to globalisation and law is a timely and much needed work that examines the topic, not in some textbook defined way, but in terms of the tensions and debates that this complex and controversial subject generates. The author begins by showing that historically law has always had a global dimension (ius gentium, ius commune, ius naturale, colonialization, human rights etc) and he goes on to consider the difficulties that globalisation presents to comparative lawyers. Professor Husa guides the reader effortlessly through these difficulties and advances his own important argument that comparative law will have to move away from its traditional nation state bound view of law. He pursues this argument in examining the more precise aspects of the global debate - neoliberalism, constitutionalism, human rights, lex mercatoria and judicial internationalisation - before posing this question. What kind of theoretical and methodological base is required when thinking about law in a global context? Traditional theory and methods are tested within the globalisation paradigm and the author concludes by stressing the importance of legal pluralism within a culturally diverse world. How should all of this impact on legal education and in turn on legal language? What Professor Husa provides is a very informative and clear analysis - introductory but equally profoundly wide-ranging in its research base - of these two issues. Legal globalisation? Here in this book are all the arguments, debates, tensions and of course some answers.' --Geoffrey Samuel, Kent Law School, UKTable of ContentsContents: Preface PART I FOUNDATIONS 1. Defining law and globalisation 2. Globalisations in time PART II LEGAL GLOBALISATIONS 3. Comparative law and global law 4. Globalising legalities PART III THEORY AND METHODOLOGY 5. Theorising globally 6. Methodological views PART IV EDUCATION AND LANGUAGE 7. Educating lawyers 8. Language of law and legal globalisation 9. Conclusion Index

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Book SynopsisIn this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide. Split across four thematic parts, this timely book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world. Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy. Contributors include: M. Del Mar, P. Eleftheriadis, J.L. Fabra-Zamora, K.W. Gray, M. Grellete, K. Günther, M. Jovanovic, C. Lafont, H. Lindahl, H. Muir Watt, G. Pavlakos, W. TwiningTrade Review'Erudite, careful and wide-ranging, the essays in Jurisprudence in a Globalized World refresh and extend the repertoires of globalized legal thought. Spurred on by the extraordinary generosity of William Twining's jurisprudence, the urgency of this book is shaped by a desire to find new methods and arguments adequate to the task of establishing legitimate forms of global ordering - not as a political and juridical apology but as mode of enquiry and experimentation. As a result, many components of the established scholarly domains of legal theory and comparative and private international law have been transformed. Collectively this book marks a major contribution to the tradition, time, and place of jurisprudence.' --Shaun McVeigh, The University of Melbourne, Australia'The globalization of law remains the biggest challenge for jurisprudence - our notion and understanding of law, law's unity, interactions between legal orders, global justice, and so on. Jorge Luis Fabra-Zamora has assembled a fabulous set of leading scholars from around the world to address these challenges. The result is a treasure box, which has something to offer for everyone interested in global jurisprudence. A delight!' --Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface viii 1 Introduction 1 Jorge Luis Fabra-Zamora PART I SETTING THE SCENE 2 Jurisprudence and globalisation 14 William Twining PART II METHODOLOGICAL QUESTIONS 3 Legal encounters with alterity in post-monist mode 26 Horatia Muir Watt 4 “Global/transnational law” challenges to theorizing about law 54 Miodrag Jovanović 5 Normative legal pluralism: a critique 84 Klaus Günther 6 Global historical jurisprudence: relating law and power in a global context 100 Maksymilian Del Mar PART III CONCEPTS AND CONCEPTUAL TOOLS 7 Globalisation and the concept of legal order 128 Hans Lindahl 8 Reining in pluralist jurisprudence with the rule of law 155 Matthew Grellette 9 Redrawing the legal relation 174 George Pavlakos PART IV NORMATIVE ISSUES: LEGITIMACY AND DEMOCRACY 10 Cosmopolitan legitimacy 196 Pavlos Eleftheriadis 11 Global constitutionalism without global democracy? Human rights and human dignity in a corporate world 222 Cristina Lafont 12 Neither democratic nor constitutional but legitimate: fragmentation and the legitimation of international law 247 Kevin W. Gray Index 268

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Book SynopsisThis insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.Trade Review'In reflecting on the separation of powers, the authors of this diverse collection of essays engage fruitfully with Giovanni Bognetti's basic insight (famously enlivened by the Baron de Montesquieu himself) that the best constitutional theory is sensitive to time and place, and to the ever-changing political, social and economic landscapes of governance.' -- Peter Cane, Christ's College, Cambridge, UK'The book is an important, timely and rich contribution to modern constitutional theory on separation of powers. Separation of powers and its contemporary challenges are analyzed in light of the modern political, societal and global context drawing on comparative perspectives. It is a very interesting and dynamic book which provides the reader with a broad picture of the current debates on separation of powers and on how to find the balance between the original fundamental principle on which many democracies are built and the need to redefine its meaning in a modern, global and comparative context.' -- Helle Krunke, University of Copenhagen, Denmark'The indefatigable trio of Baraggia, Fasone and Vanoni have once again joined forces to produce an exciting and innovative resource for scholars in public law. This cutting-edge book brings together leading authorities in constitutional studies to diagnose and contextualize the present and future of the separation of powers. The editors have curated a brilliant set of chapters shining comparative, historical and theoretical light on enduring and emerging questions that will now have better answers thanks to this book.' -- Richard Albert, The University of Texas at Austin, USTable of ContentsContents: 1 Introduction 1 Vincenzo Zeno-Zencovich PART I THE THEORETICAL CHALLENGES TO THE CLASSICAL SEPARATION OF POWERS DOCTRINE 2 Introduction to Part I 7 Andrea Pin 3 Revitalising the social foundations of the separation of powers? 10 Eoin Carolan 4 Direct democracy and the separation of powers 30 Zoltán Pozsár-Szentmiklósy 5 New challenges to the separation of powers: the role of constitutional courts 45 Luca Pietro Vanoni 6 The rise of conditionality within the global administrative space: a challenge for the separation of powers 77 Antonia Baraggia PART II TRANSFORMATIONS OF THE SEPARATION OF POWERS IN NATIONAL CONTEXT 7 Introduction to Part II 101 Francesco Clementi 8 The separation of powers in new constitutions 104 Francois Venter 9 Unpacking the separation of powers 123 Jiří Baroš, Pavel Dufek and David Kosař 10 The transformation of political parties and the guardians of the Constitution: the evolution of the power structure in the Italian system 143 Stefania Leone and Irene Pellizzone PART III THE SEPARATION OF POWERS UNDER PRESSURE 11 Introduction to Part III 165 Arianna Vedaschi 12 “The symbolic jurisprudence”: Theorizing constitutional (re)capture, testing the limits of separation of powers and reimagining the judicial review 179 Tomasz Tadeusz Koncewicz 13 EU “strict conditionality” from the perspective of the separation of powers 202 Ioannis A. Tassopoulos 14 North Africa and the Middle East after the Arab uprisings: a new separation of powers? 223 Francesco Biagi 15 Conclusion 243 Miryam Iacometti Index 252

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Book SynopsisThis research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.Through coverage of key jurisdictions in Asia, Europe and the Americas, this research handbook reveals differences and similarities between legal traditions that have shaped different countries’ laws, and the extent to which these laws have become more similar over the past decades. It takes a broad perspective throughout comparative corporate governance, considering the rights and duties of shareholders, including controlling and minority shareholders, directors and the relationship between their powers. Chapters address key topics such as the methods and goals of comparative corporate governance research and enforcement of corporate governance.Informative and perceptive, Comparative Corporate Governance will be a key resource for academics and students in commercial law, comparative law and government studies. Internationally oriented corporate law practitioners and law firms will also be interested in the legal information contained in the chapters.Trade Review’Comparative Corporate Governance is an excellent “go-to” guidebook for both academics and practitioners in corporate law and finance.’ -- Irina Bevza, LSE Review of Books'Afra Afsharipour and Martin Gelter have assembled an outstanding and truly diverse team of corporate law scholars to give us a state-of-the-art snapshot of both new and old key topics in comparative corporate governance. Many of this book's chapters are destined to become a key reference for future scholarship in the field.' -- Luca Enriques, University of Oxford, UK'Thoughtfully curated, skillfully executed, and refreshingly global, this research handbook provides novel insights on the most important areas in the field from established leaders and rising stars. It is a must have resource for anyone interested in comparative corporate governance.' -- Dan W. Puchniak, National University of SingaporeTable of ContentsContents: 1 Introduction to comparative corporate governance 1 Afra Afsharipour and Martin Gelter PART I PERENNIAL DEBATES IN COMPARATIVE CORPORATE GOVERNANCE 2 Methods of comparative corporate governance 20 Christopher M. Bruner 3 Corporate law and economic development 38 Vikramaditya S. Khanna 4 The law and economics of comparative corporate law 56 María Isabel Sáez Lacave and María Gutiérrez Urtiaga 5 Corporate purpose and short-termism 73 Martin Petrin and Barnali Choudhury 6 Comparative and transnational developments in corporate social responsibility 92 Cynthia A. Williams PART II THE BOARD: ITS DUTIES AND ITS FUNCTIONS 7 The structure of the board of directors: boards and governance strategies in the US, the UK and Germany 116 Klaus J. Hopt and Patrick C. Leyens 8 Board composition: between independent directors, minority representatives and employee representatives 144 Jean Jacques du Plessis 9 Diversity and the board of directors: a comparative perspective 179 Darren Rosenblum 10 Board duties: the duty of loyalty and self-dealing 200 Marco Corradi and Geneviève Helleringer 11 The duty of care and the business judgment rule: a case study in legal transplants and local narratives 220 Carsten Gerner-Beuerle 12 Board duties: monitoring, risk management and compliance 242 Virginia Harper Ho 13 Who decides executive pay? A comparative perspective 263 Li-Wen Lin 14 Accounting and convergence in corporate governance: doctrinal or economic path dependence? 282 Martin Gelter PART III SHAREHOLDERS 15 Shareholder proposals shaking up shareholder say: a critical comparison of the United States and Europe 302 Sofie Cools 16 Controlling shareholders and their duties 324 Gaia Balp and Marco Ventoruzzo 17 Minority shareholders’ rights, powers and duties: the market for corporate influence 346 Umakanth Varottil 18 Institutional investors, activist funds and ownership structure 368 Assaf Hamdani and Sharon Hannes 19 Diversified enterprises with controlling shareholders: a theoretical analysis of risk-sharing, control/voting leverage, and tunneling 389 Sang Yop Kang PART IV ENFORCEMENT 20 Public versus private enforcement in corporate governance 412 Pierre-Henri Conac 21 Direct and derivative shareholder suits: towards a functional and practical taxonomy 431 Alan K Koh and Samantha S Tang PART V SPECIAL TOPICS: MERGERS AND ACQUISITIONS 22 Corporate governance in negotiated takeovers: the changing comparative landscape 455 Afra Afsharipour 23 Managing management buyouts: a US-UK comparative analysis 477 Andrew F. Tuch Index

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Book SynopsisAt a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities. The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe. This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.Trade Review'Transparency is a central plank of procurement law and policy, but is not a fishing licence for competitors. This important addition to the literature on procurement offers major contributions to our understanding of these issues in various European jurisdictions. It's a ''must have'' work for everyone interested in procurement law and practice.' --Laurence Gormley, University of Groningen, the Netherlands'An essential book in the exploration of European procurement law. It shows that beyond the rules of transparency imposed by the directives, a wide scope is left to national discretion, particularly as regards publicity after the award of the contract. Although transparency is certainly a general principle of European public procurement law, and a strategic one, its concrete implementation is therefore subject to significant variations. The book renders an important service to future reflections on European procurement law by demonstrating this reality.' --Jean-Bernard Auby, University of Sciences Po, FranceTable of ContentsContents: 1. Transparency in EU Procurements: An Introduction. Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells 2. Many faces of transparency in public procurement Kirsi-Maria Halonen 3. Transparency and competition in public procurement: A comparative view on their difficult balance Albert Sanchez-Graells 4. Procurement transparency as a gateway for procurement remedies Roberto Caranta 5. Transparency in Procurement by the EU Institutions Albert Sanchez-Graells 6. Transparency and access to information in public procurement procedures in Denmark Carina Risvig Hamer 7. Transparency in Public Procurement - experiences from Finland Pilvi Takala and Suvituulia Taponen 8. Disclosure rules within public procurement procedures and during contract implementation in France Tiphaine Blay 9. Disclosure rules within public procurement procedures and during contract period - German country report Martin Burgi and Marinus Pöhlmann 10. Disclosure of public procurement documents in Italy: a major effort in the fight against corruption, but still to be completed Mario E. Comba 11. Disclosure rules applicable to public procurement procedures and during contract period. The case of Poland Piotr Bogdanowicz 12. Transparency in Public Procurement in Romania: Formal Compliance, Obscure Hidden Agendas Bogdana Neamtu and Dacian C. Dragos 13. Transparency in public procurement in the Spanish legal system Patricia Valcárcel Fernández 14. Disclosure rules within public procurement procedures and during contract period in the United Kingdom Paul Henty and Rory Ashmore Index

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Book SynopsisDespite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives. Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers. Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.Trade Review'Despite its distinguished constitutional history and rationales, bicameralism has often been a contested choice. This excellent edited collection explores the pros and cons of bicameral legislative structures and especially their ability to reform themselves. Covering a rich variety of jurisdictions, the book is bound to be of great interest to comparative constitutionalist and political scientists alike.' --Robert Schütze, Durham Law School, UK'This volume brings a fresh approach to and analysis of bicameralism as a constitutional law concept. The vast contribution of case studies, together with concluding chapters of each section of the book, provides depth and reflection to the overall analysis. As pointed out in the book's Foreword and Conclusion, the topic is especially relevant in times of populism and challenges to liberal democracy and constitutionalism. Anyone with an interest in comparative constitutional law in general and constitutional design and its impact on the resilience of liberal democracies in particular, will benefit from the contributions to this book.' --Anna Jonsson Cornell, Uppsala University, Sweden'Parliaments' second chambers are often challenged to prove they have a purpose. Still bicameralism has been surprisingly resilient, against all rational approach to political institutions' engineering. Edited by three scholars from both sides of the Atlantic, this valuable collection sheds new light on why bicameralism keeps being put under pressure but is so hard to change, and is particularly relevant in light of the ongoing populist wave. A must for those who look for an answer about what to do with bicameralism today.' --Carlo Fusaro, University of Florence, ItalyTable of ContentsContents: Foreword Meg Russell, Bicameralism in an Age of Populism Introduction 1. The Challenge of Reforming Bicameralism Richard Albert, Antonia Baraggia and Cristina Fasone Part I Theories and Challenges to Bicameralism: Multi-tiered Government Systems and the EU 2. Bicameralism. Multiple Theoretical Roots in Diverging Practices Maria Romaniello 3. ‘Visible’ and ‘Invisible’ Second Chambers in Unitary States. ‘Territorialising’ National Legislatures in Italy and the United Kingdom Barbara Guastaferro 4. How Does the European Union Challenge Bicameralism? Lessons from the Italian Case Pietro Faraguna 5. The Scrutiny of EU Documents in Bicameral System. Opportunity or Weakness? Wouter Wolfs and Caterina Cigala 6. The House of Lords faces up to Brexit Peter Leyland 7. Bicameralism in Multi-tiered Systems Patricia Popelier Part II Challenging Unicameralism 8. The Shadow of Bicameralism in a Unicameral State: Dispersed Functional Bicameralism in Bulgaria? Mihail Vatsov and Polina Vakleva 9. Defending Bicameralism and Equalizing Powers: the Case of Peru Diego Serra 10. The Failed Referendum to Abolish the Ireland’s Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country David Kenny 11. Unicameralism and “Masked” Bicameralism Cristina Fasone Part III Reforming or Abolishing the Upper House? 12. The Sénat Français of the Fifth Republic: The Permanent Paradox Priscilla Jensel Monge 13. The Future of Poland’s Second Chamber: Is the Senate Still Needed? Katarzyna Granat 14. Reshaping the National Council of the Republic of Slovenia Dušan Štrus 15. Bicameralism(s) in the Age of Ethnicity: Prospects for Reform of Legislatures in Bosnia and Herzegovina Nedim Kulenović 16. Bicameralism As a Normative Choice In the Tension Between Its Reform and Its Passing Giovanni Piccirilli Conclusion What Are We To Make of Bicameralism in the Twentieth-First Century? The Reform Trap Cristina Fasone Index

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Book SynopsisThis innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners.Trade Review'Behind IP law is IP lore: all the history, ideas, personalities, and traditions (real and imagined) that give intellectual property its real-world meaning and content. Creativity, Entrepreneurship and Intellectual Property brings these settings to the forefront in a mind-expanding collection. The book spans continents and centuries, unfolding like a vivid anthology of short stories about literature, innovation, and commerce from medieval Ireland to Industrial-Age America to modern-day India and South Africa. Readers will not see intellectual property the same way again.' --Christopher Beauchamp, Brooklyn Law School, US'This wide-ranging set of essays serves as a provocation to reconsider many truisms about the forms, requirements, rationales, and logics of intellectual property. Moving from Lockean ownership and lawful piracy to theories of authorship and patent reform, the contributors use a variety of methodological perspectives to investigate and reframe some of IP law's best-known just-so stories.' --Simon Stern, University of Toronto, CanadaTable of ContentsContents: List of Contributors Introduction PART I THE LORE OF PROPOERTY AND CONTRACT 1. Locke’s (Own) Literary Property Rebecca Schoff Curtin 2. The Lawful Piracy of James Joyce’s Poems Robert Spoo PART II THE LORE OF INTANGIBILITY 3. Pope versus Curll (1741) Revisited: Being A fair and true Account of the Views of certain well-respected Authors on Publishing, Pyracy and Propertie in the Eighteenth Century Graham Dutfield and Uma Suthersanen 4. Neilson v. Harford: Shape and Form in Patent Law Jeffrey A. Lefstin PART III THE LORE OF AUTHORSHIP 5. The Stolen Poem of Saint Moling Brian L. Frye 6. A Critical Review of the Quest for Global Protection of Traditional Knowledge: Politico-Economic Concerns Kosgei Kembol Alvin 7. Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A Study Mayuree Sengupta PART IV THE LORE OF COMMON LAW 8. Radical Patent Law Reform in a Common Law Enabling System: A Metahistory Samuel F. Ernst 9. The Legacy of The Seasons: Confusion and Misdirection Mark Perry PART V THE LORE OF COURTS 10. ‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence Shubha Ghosh 11. In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court Zvi S. Rosen PART VI THE LORE OF INTELLECTUAL PROPOERTY, HUMAN RIGHTS AND DEVELOPMENT 12. Is there a Constitutional Right to Intellectual Property in South Africa? Revisiting the Case of In re Certification of the Constitution of the Republic of South Africa, 1996 Emmanuel Kolawole Oke 13. Biotechnology Sector in India Kshitij Kumar Singh PART VII THE LORE OF INTELLECTUAL PROPERTY DURING WARTIME 14. International Trade Mark Enforcement Under the Versailles Treaty: A Case Study of Sanatogen Arpan Banerjee and Dana Beldiman 15. ‘A Process of experimentation’: Intellectual Property, War and Defence in Australasia Catherine Bond and Jessica C Lai Index

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Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index

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Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index

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Book SynopsisConcise and clear in expression, Comparative Government covers contemporary systems of government, as well as relics of the past, in an excellent introduction to the profound study of comparative constitutional law. Dragoljub Popovic has undertaken this task to display the subject in its current stage of development, concentrating on several focal points. Based on research of their characteristic features, decision-making mechanisms and lines of evolution, the author explores parliamentary, presidential, semi-presidential, power sharing and the supra-national level forms of government in an entertaining narrative and provides tools for the reader to classify and understand governments worldwide. Comparative Government will prove essential, for its comprehensive yet concise scope, to students of law, political sciences and international relations, as well as academics in the same areas, civil servants, diplomats, legislation drafters, policy makers and practicing lawyers.Trade Review'This is an excellent comparison of different systems of government and their dynamic in the global perspective. Popovic, a distinguished scholar and retired European judge, combines both the competence in the theory of government and the knowledge of its practical operation. His book is focused on the institutional constitutional law organized into five principal models. What makes it particularly attractive is the attention given to the role of the judiciary in political process as well as the interest for the emerging systems (China) and systems escaping general classification (the Balkans). In brief, this is a modern and intellectually inspiring presentation of a very important topic.' --Lech Garlicki, Professor of Law and retired Judge of the European Court of Human Rights and of the Constitutional Court of Poland'In a fast and ever-changing world, Professor Popovic's book provides a refreshing and innovative perspective on a classical subject. In its study of comparative government it takes into account not only legal-constitutional elements, but also takes a functional and contextual approach, including the history and evolution of each specific system. As a result, in addition to a clear exposition of the traditionally accepted types of government (parliamentary, presidential, directorial) Professor Popovic offers an illuminating analysis of new types and cases, such as the ''government by consensus'' or the singular case of the Popular Republic of China. This method also clarifies the role of inter- and supra-national organizations and agencies in the functioning of the national governments.' --Luis López Guerra, Universidad Carlos III de Madrid and former Judge of the European Court of Human RightsTable of ContentsContents: Preface Author’s foreword to this edition Introduction 1. General Approach 2. RISE OF Parliamentary Government 3. Contemporary Parlimentary Government 4. Presidential Government 5. Semi-Presidential Government 6. Directorial Government 7. Power Sharing Government 8. Forms of Government Defying Classification 9. Beyond the Nation-State Epilogue Bibliography Index

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Book SynopsisComparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has been long neglected in comparative constitutional studies.This timely and invigorating book showcases a novel comparative approach termed “slow comparison” counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges.This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.Trade Review‘Democratic Constitutionalism in India and the European Union represents a long overdue contribution to the incipient debate about the world’s most populous democracy and the world’s most successful single market. What is particularly remarkable is the earnestness of the approach taken by the authors. Rather than papering over the differences between the two comparators, they embrace them and seek to distil lessons Europeans may be able to learn from Indians, and vice versa.’ -- Sascha Hardt and Prashant Sabharwal, EU Law Live‘This book on comparative constitutional law enters new ground in various ways. It compares a big and socio-culturally very diverse state, which has outgrown the traditional concept of the nation-state, and a big and also very diverse political entity composed of nation-states, which has outgrown the traditional concept of a supranational organization. In addition, it is a rare example of a North-South comparison. And it proposes a new methodological approach to comparative constitutionalism, called “slow comparison”. With all these assets the book promises to considerably enrich the territorial scope and the methodological instruments of comparative research in constitutional law.’ -- - Dieter Grimm, Former Justice of the Federal Constitutional Court of Germany and Humboldt University of Berlin, Germany‘This book is a remarkable achievement towards a truly reflective, collaborative and critical endeavor in reinforcing north-south dialogue on democratic constitutionalism. It fills an important gap in comparative law scholarship and thinking by bringing together two worlds that although may have had very different trajectories and histories, yet contain much that allows for interpretative learning and practice.’ -- - Armin von Bogdandy, Max Planck Institute for Comparative Public Law and International Law, Germany‘Engaging the respective EU-India institutions and the “urgency” to find “sources of resilience and survival”, Philipp Dann and Arun Thiruvengadam invite rigorous thinking on difficult themes such as futures of democracy, representation, pluralism, equality, rights, and juridification. This immensely thought-provoking anthology bristles with critical insights, locating even “ultimate saviours”, in doing comparative law and jurisprudence.’ -- - Upendra Baxi, University of Warwick, UKTable of ContentsContents: 1 Comparing constitutional democracy in the European Union and India: an introduction 1 Philipp Dann and Arun K. Thiruvengadam PART I CONCEPTUAL CONTEXTS 2 Concepts of democracy 43 Pritam Baruah and Uwe Volkmann 3 Origins and pathways of constitutionalism 75 Jürgen Bast and Arun K. Thiruvengadam 4 Equality and diversity in constitutional discourses 104 Sigrid Boysen and Aparna Chandra PART II SELECT ISSUES 5 Electoral systems and representation 137 Aditi and Jelena von Achenbach 6 Political parties and social movements 162 Michaela Hailbronner and Naveen Thayyil 7 Freedom of expression and hate speech 191 Smarika Lulz and Michael Riegner 8 Social rights 223 Gautam Bhatia and Emilios Christodoulidis 9 Federalism and democracy 252 Philipp Dann and Arun K. Thiruvengadam Index

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Book SynopsisComparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories.This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.Trade Review'This well-written study confirms Gunter Frankenberg's position as one of the most astute and subtle students of the methodology of comparative constitutional law. His emphasis on constitutional law as narrative, and his attention to ''other'' constitutions, not part of the field's canon, are important contributions.' --Mark Tushnet, Harvard Law School, US'Gunter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.' --Roberto Gargarella, Torcuato Di Tella University, Argentina'The here presented study opens our eyes to the actual histories and experiences of which constitutional texts are merely one embodiment. Shifting between the actors/voices/interests involved in constitutional design, on the one hand, and the constitutional documents on the other, Professor Frankenberg illuminates the dynamics of constitutionalism as part of locally situated and shaped, yet globally interacting societal processes. Integrating the history and theory of political ideas, the study of socio-economic transformation and the merits of anthropological ethnography, constitutionalism unfolds as a crucial dimension of social, political and legal change. This is the stuff that legal analysis should be and, here, is made of.' --Peer Zumbansen, King's College London, UKTable of ContentsContents: Preface 1. Constitutions: Between Magic and Deceit PART I Theory and Method 2. Constitutional Idiom and Design 3. Comparing Constitutions: Theory and Method PART II History and Transfer 4. Constitutional Transfer and Experimentalism 5. Constitutional Experimentalism in Nineteenth-Century Europe PART III Constitution as Order 6. Order from Conflict 7. Constituting Against Partition and Fragmentation 8. Constituting States of Exception Epilogue Index

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Book Synopsis'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.'- David Kennedy, Harvard University'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.'- Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline.Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline.The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.Trade Review'Globalisation has made legal comparison fashionable, but in the mainstream varieties practiced within institutional settings or by surviving nineteenth century societes savantes, it involves, at best, a superficial overview of national practices in a quest for similarities (not differences), at worst, an apology of the exclusionary dynamics at work in the act of comparison. While Frankenberg's acutely critical view draws attention to the political and epistemological implications of existing methodologies, it also provides the foundations of a renewed intellectual enterprise, thereby joining the outstanding scholarship of Legrand, Samuel or Monateri in what might be termed ''New Approaches to Comparative Law''.' --Horatia Muir Watt, Sciences-po, France'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. The intellectual condescension towards those who have not been converted to post-modernism that shines through, typical of the amorphous congregation of crits, must not dissuade established comparatists from taking this book very seriously.' --Journal for European, Private International and Comparative Law'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. It is not far-fetched to declare that this overview of comparative work in law is more instructive than many a voluminous conventional 'comparative law handbook'.' --Zeitschrift für ausländisches öffentliches Recht und VölkerrechtTable of ContentsContents: PART I DISCIPLINE AND CRITIQUE I. Comparative Law as Discipline 2. Critique and Comparison PART II CHARTING THE COMPARATIVE SPACE 3. Navigating the Mainstreams 4. Orientalizing Comparative Law’s Occident 5. Muslim Veiling: Critique of a Comparative Discourse PART III COMPARING HUMAN RIGHTS NARRATIVES 6. Human Rights and Narratives of Justification 7. Before the Law: The Discourse about “Access to Justice” 8. Thick Comparison? Bibliography Index

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Book SynopsisThe public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.Trade Review‘There is nothing more national in private international law than the public policy exception and its application. This book contains a recent account of how far legal systems are prepared to apply foreign law and to disregard their domestic private law values. A valuable tool for academics and practitioners forged by excellent authors.’ -- Anatol Dutta, Ludwig Maximilians University of Munich, Germany'The public policy exception, long the undertheorized underbelly of private international law, has been rehabilitated in theory, but little was still known, comparatively, about its practical application. No longer so. This book fills that gap admirably and facilitates a more comprehensive understanding of our discipline in theory and practice.' -- Ralf Michaels, Max Planck Institute for Comparative and International Private Law, GermanyTable of ContentsContents: Preface 1 A Flexible System in Flux: On the Realignment of Public Policy 1 Olaf Meyer 2 Public Policy in European Private International Law 25 Wolfgang Wurmnest 3 Austria 48 Bea Verschraegen and Florian Heindler 4 Bosnia and Herzegovina 83 Zlatan Meškić and Anita Duraković 5 China 100 Fang Yu and Qiao Liu 6 England 120 Louise Merrett 7 France 162 Cécile Pellegrini 8 Germany 191 Peter Mankowski and Svenja Langenhagen 9 Hungary 224 Réka Somssich 10 Italy 242 Pietro Franzina 11 Poland 270 Maciej De Abgaro Zachariasiewicz 12 Portugal 300 Luís de Lima Pinheiro 13 Russia 319 Madina Kassenova 14 Spain 353 Nicolás Zambrana-T.var and Alberto Muńoz Fernéndez 15 Sweden 374 Ulf Maunsbach 16 Switzerland 390 Andreas Furrer and Dirk Trüten 17 Turkey 420 Candan Yasan-Tepetaş 18 United States 438 John F. Coyle Index

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Book SynopsisThis cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is ''ground up'' without regard to unified paradigms of research or objects of study.Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook's expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.Contributors include: U. Acharya, C. Bell, J. Blake, S. Brink, E. Darian-Smith, R. Francaviglia, M. Lazarus-Black, P. McHugh, S.F. Moore, E. Moustaira, L. Nader, J. Nafziger, M. Novakovic, R. Price, O. Ruppel, J.A. Sanchez, W. Shipley, R. Tejani, A. Telesetsky, K. ThomasTrade Review‘. . . Comparative Law and Anthropology offers a diverse pool of writings connected to anthropology and law that are timely and relatable. The volume covers many geographical areas of the world either in in-depth studies or through shorter examples related to certain legal fields. In addition, although a majority of the authors deal with indigenous or local law, there are also many other subjects covered from intellectual property to religious freedom.’ -- Elin Hofverberg, International Journal of Legal InformationTable of ContentsContents: 1. Introduction to comparative law and anthropology James A.R. Nafziger PART I PAST, PRESENT AND FUTURE 2. Law and anthropology: research traditions Sally Falk Moore 3. Whose comparative law? A global perspective Laura Nader PART II COMPLEXITY, LEGAL PLURALISM AND TOTALITY OF LEGAL IDEAS 4. Anthropology on trial: the Hindmarsh Island Bridge controversy (1993–2001) P.G. McHugh 5. First Nation control over archeological sites: contemporary issues in heritage law, policy and practice Catherine Bell 6. The hybridity of law in Namibia and the role of community law in the Southern African Development Community (SADC) Oliver C. Ruppel and Katharina Ruppel-Schlichting 7. Legal pluralism – linking law and culture in natural resource co-management and environmental compliance Anastasia Telesetsky PART III SUBSTANCE OF LEGAL SCHEMES OF MEANING AND SOCIAL SIGNIFICANCE OF LAW 8. Anthropology in international law: the case of safeguarding intangible cultural heritage Janet Blake 9. Cultural landscapes significant to indigenous peoples James A.R. Nafziger 10. Governance disputes involving First Nations in Canada: culture, custom, and dispute resolution outside of the Indian Act William B. Shipley PART IV COSMOPOLITAN COMPARATIVE PERSPECTIVES 11. Images of Muhammad: religious law and freedom of expression Richard Francaviglia 12. Narratives of laws, narratives of peoples Elina N. Moustaira PART V HISTORICAL ORIENTATION 13. Law, society and landscape in early Scandinavia Stefan Brink 14. Transgenic maize: the Mexican cultural battle Jorge Sánchez Cordero 15. A trinity of culture, law and politics: legal anthropology of the bonded labor system in Nepal Upendra D. Acharya PART VI CONTEXTUAL DIFFERENCES 16. Global law firms in real-world contexts: practical limitations and ethical implications Eve Darian-Smith 17. An historical, cultural and political perspective of corruption in the Balkans Marko Novaković PART VII IN-DEPTH FIELD RESEARCH 18. The anthropologist as expert witness: a personal account Richard Price 19. Intellectual property law in comparative perspective: the case of trademark “piracy” in Guatemala Kedron Thomas 20. The voice of the stranger: foreign LL.M. students’ experiences of culture, law and pedagogy in US law schools Mindie Lazarus-Black PART VIII RELATIONSHIP WITH THE LEGAL ANTHROPOLOGICAL TRADITION AND ITS THEORETICAL AND METHODOLOGICAL CONCERNS 21. Distance in law and globalization: armchair anthropology revisited Riaz Tejani Index

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Book SynopsisThis comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law. Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment. This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.Trade Review‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’ -- Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, GermanyTable of ContentsContents: I Introduction II Contracts III Unilateral legal transactions IV Non-contractual liability V Negotiorum gestio VI Unjust enrichment VII Main concepts of the Law of Obligations VIII The international harmonisation and unification of the Law of Obligations Index

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Book SynopsisThis revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes.Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.Trade Review‘Many readers could benefit from consulting this book as an introductory text, or having it on-hand as a ready reference guide on comparative tort law concepts. This book will be a useful primer for a variety of readers, including practitioners who are looking for an introduction to comparative tort law and researchers who are interested in thinking about tort law’s philosophical and global concepts.’ -- Anna Price, International Journal of Legal Information'Some of the most debated and difficult topics in comparative tort law are examined by authors who are not only outstanding comparative tort lawyers but also leading experts in these specific areas. The analysis of civil liability in unfamiliar legal systems helps to overcome the classical approach centred on common law and the three or four main European continental legal systems, and contributes to rounding off the breath of fresh air that the work provides in this field.' -- Miquel Martin Casals, University of Girona, SpainTable of ContentsContents: Preface to the Second Edition ix 1 Introduction to comparative tort law: global perspectives 1 Mauro Bussani and Anthony J. Sebok PART I THE OVERALL SETTINGS 2 The many cultures of tort liability 9 Mauro Bussani and Marta Infantino 3 Tort law and conflict of laws 35 Symeon C. Symeonides 4 Compensation at the intersection of tort law and international human rights law 63 Giovanna Gilleri 5 Tort and crime 84 Matthew Dyson 6 Liability rules: an economic taxonomy 112 Giuseppe Dari-Mattiacci and Francesco Parisi 7 Tort law and insurance 133 Ina Ebert 8 Alternative compensation schemes from a comparative perspective 140 Daniel Jutras PART II GENERAL ISSUES 9 The architecture of the common and civil law of torts: an historical survey 160 James Gordley 10 The bounds between negligence and strict liability 186 Franz Werro and Erdem Büyüksagis 11 Professional liability 214 Ewoud Hondius 12 Product liability 236 Mathias Reimann 13 Causation theories and causation rules 264 Marta Infantino 14 A comparative-law sketch of pure economic loss 284 Vernon Valentine Palmer 15 Tort damages for non-economic losses: personal injury 305 Stephen D. Sugarman 16 Tort damages for non-economic losses: methodological approaches for comparative analysis served by new technologies 336 Denise Amram and Giovanni Comandé PART III BEYOND THE LOOKING GLASS 17 Basics of Russian tort law 355 Alexander Yagelnitskiy 18 Tort law in Japan 373 Emi Matsumoto 19 Chinese tort law: tradition, transplants and some difficulties 397 Hao Jiang 20 Tort law in India 427 Manjeri Subin Sunder Raj, Ujal Kumar Mookherjee and Aman Deep Borthakur 21 The customary law of tort in sub-Saharan Africa 443 Dominic Npoanlari Dagbanja 22 Islamic tort law 469 Abdul Basir bin Mohamad 23 Tort law in Hispanic America 517 Marco de Morpurgo and Daniel Peñailillo Arévalo 24 Tort law in Brazil 539 Umberto Celli Jr Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law. Key features include: uses analysis of current issues to offer a genuinely advanced perspective use of theory for evaluating methods and approaches in comparative law a comprehensive treatment of the main themes and approaches in comparative law discussions. This insightful Advanced Introduction will be an excellent resource for both law students and scholars alike. It will also be a useful guide for those working in international law, as well as law clerks and legal advisors.Professor Emeritus, Kent Law School, UKTrade Review‘Monateri’s book is an invaluable addition to our field, because he provides anyone researching comparative law with a further strategic device, ie the staging of the comparative-law methodology within a broader context so as to nurture our legal engagement with the real world avoid bracketing our research in ideological reconstructions imposed from above.’ -- Matteo Nicolini, Revista General de Derecho Público Comparado‘This magisterial study shows a deep understanding of the methods of comparative law which will be useful to veterans in the field and yet accessible to newcomers. Monateri achieves the difficult task of presenting the approaches of each scholar faithfully while weaving them into a synthetic account of the development of comparative law that places each in the intellectual and political context of its day.’ -- James Gordley, Tulane Law School, New Orleans, US‘Pier Guiseppe Monateri is one of Europe’s most learned jurists, fluent in his knowledge of languages (ancient and modern), legal and political history, legal theory and comparative law in all its aspects. He is equally an original thinker which makes this advanced introduction to comparative law method much more than an introduction. Not only does it cover all the existing debates with clarity and in a critical manner, but it also proposes some important ideas. For example, the author invites the reader to rethink the nature and role of Roman law within the Western tradition; and he suggests that quantitative methods might well provide a more viable alternative to the slippery and often biased qualitative terms employed in many of the methodological debates. No comparative law student should be without this excellent book.’ -- Geoffrey Samuel, Professor Emeritus, Kent Law School, UK‘There is something about comparative law that crystallizes more intellectual controversy , or perhaps a stronger hermeneutic of suspicion, than other legal fields. Focusing on legal methods (rather than content, traditions, cultures or systems), Monateri’s Advanced Introduction provides the key. It is as if contemporary comparative legal studies, linking up with critical strands of legal thought and multiple interdisciplinary approaches, has dethroned jurisprudence or legal philosophy as the most visible and stimulating forum for discussing ideas about the law.’ -- Horatia Muir Watt, SciencesPo Law School, Paris, FranceTable of ContentsContents: Preface 1. Comparative law as a discipline 2. Comparative law and legal geography 3. Comparative law and legal history 4. Comparative law and legal theory 5. Comparative law and legal reforms References Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law. Key features include: uses analysis of current issues to offer a genuinely advanced perspective use of theory for evaluating methods and approaches in comparative law a comprehensive treatment of the main themes and approaches in comparative law discussions. This insightful Advanced Introduction will be an excellent resource for both law students and scholars alike. It will also be a useful guide for those working in international law, as well as law clerks and legal advisors.Professor Emeritus, Kent Law School, UKTrade Review‘Monateri’s book is an invaluable addition to our field, because he provides anyone researching comparative law with a further strategic device, ie the staging of the comparative-law methodology within a broader context so as to nurture our legal engagement with the real world avoid bracketing our research in ideological reconstructions imposed from above.’ -- Matteo Nicolini, Revista General de Derecho Público Comparado‘This magisterial study shows a deep understanding of the methods of comparative law which will be useful to veterans in the field and yet accessible to newcomers. Monateri achieves the difficult task of presenting the approaches of each scholar faithfully while weaving them into a synthetic account of the development of comparative law that places each in the intellectual and political context of its day.’ -- James Gordley, Tulane Law School, New Orleans, US‘Pier Guiseppe Monateri is one of Europe’s most learned jurists, fluent in his knowledge of languages (ancient and modern), legal and political history, legal theory and comparative law in all its aspects. He is equally an original thinker which makes this advanced introduction to comparative law method much more than an introduction. Not only does it cover all the existing debates with clarity and in a critical manner, but it also proposes some important ideas. For example, the author invites the reader to rethink the nature and role of Roman law within the Western tradition; and he suggests that quantitative methods might well provide a more viable alternative to the slippery and often biased qualitative terms employed in many of the methodological debates. No comparative law student should be without this excellent book.’ -- Geoffrey Samuel, Professor Emeritus, Kent Law School, UK‘There is something about comparative law that crystallizes more intellectual controversy , or perhaps a stronger hermeneutic of suspicion, than other legal fields. Focusing on legal methods (rather than content, traditions, cultures or systems), Monateri’s Advanced Introduction provides the key. It is as if contemporary comparative legal studies, linking up with critical strands of legal thought and multiple interdisciplinary approaches, has dethroned jurisprudence or legal philosophy as the most visible and stimulating forum for discussing ideas about the law.’ -- Horatia Muir Watt, SciencesPo Law School, Paris, FranceTable of ContentsContents: Preface 1. Comparative law as a discipline 2. Comparative law and legal geography 3. Comparative law and legal history 4. Comparative law and legal theory 5. Comparative law and legal reforms References Index

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Book SynopsisIs comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related. Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens. A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds. Contributors: S.P. Donlan, S. Drescher, M. Dyson, P. Finkelman, D. Freda, A. Giuliani, J.-L. Halpérin, D. Heirbaut, E. Kadens, M.S.-H. Kim, A. Masferrer, D. Michalsen, K.Å. Modéer, O. Moréteau, J.A. Obarrio, A. Parise, H. Pihlajamäki, W. Swain, A. Taitslin, C.H. van Rhee, J. VanderlindenTrade Review‘Comparative Legal History offers important and useful lenses in this process of understanding law in all its "socio-political colors".’ -- Razvan Cosmin Roghina, Romanian Journal of Comparative LawTable of ContentsContents: List of contributors Acknowledgments The emergence of comparative legal history Aniceto Masferrer, Kjell Å. Modéer and Olivier Moréteau PART I Theory and Methods 1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60 Adolfo Giuliani 2. Comparative? Legal? History? Crossing Boundaries Sean Patrick Donlan 3. Methodological perspectives in comparative legal history: an analytical approach Dag Michalsen 4. Comparative legal history: methodology for morphology Matthew Dyson PART II LEGAL SOURCES 5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law Jacques Vanderlinden 6. Convergence and the colonization of custom in pre-modern Europe Emily Kadens 7. Custom as a source of law in European and East Asian legal history Marie Seong-Hak Kim 8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case Aniceto Masferrer and Juan A. Obarrio 9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison Dolores Freda PART III LEGAL INSTITUTIONS 10. The triumph of judicial review: the evolution of post-revolutionary legal thought Jean-Louis Halpérin 11. Killing the vampire of human culture: Slavery as a problem in international law Paul Finkelman and Seymour Drescher 12. Continental European superior courts and procedure in civil actions (11th-19th centuries) C.H. (Remco) van Rhee 13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did not Anna Taitslin 14. The common law and the Code civil: the curious case of the law of contract Warren Swain 15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch Kjell Å. Modéer PART IV CODIFICATION 16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events Dirk Heirbaut 17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions Agustín Parise 18. Why was private law not codified in Sweden and Finland? Heikki Pihlajamäki Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This comprehensive Advanced Introduction provides an overview of contract law and contemporary contract theory. Demonstrating that an understanding of theory and policy is a vital aspect of being an effective practicing lawyer, Brian H. Bix explores the various theoretical approaches which can best explain and justify contract law, arguing for greater critical attention to the connections between contract law theory, practice, and teaching.Key Features: Concise and accessible format Combines analysis of contract doctrine and theory Includes detailed Restatement, UCC and case references Analyses the strengths and weakness of a variety of theoretical approaches Examines contract law formation, interpretation, performance, the right of duties of third persons, and remedies The Advanced Introduction to Contract Law and Theory will be an invaluable resource for students wanting to understand contract law and its theoretical underpinnings. It will also prove an essential guide for scholars seeking an authoritative guide to current doctrine and debates in the field of contract law.Trade Review‘In Advanced Introduction to Contract Law and Theory, Brian Bix has accomplished the rare feat of providing an introduction to both contract doctrine and the normative debates that swirl around that law that speaks to both students and scholars in the field. He manages to clearly explain both the complexities of the law and the difficult theoretical debates that contract doctrine has sparked in ways that will engage beginners and challenge experts in the field.’ -- Nathan B. Oman, College of William & Mary, US‘Doctrine, legal philosophy and law-in-action: to understand contracts, we need all three of these bodies of knowledge. Moreover, we need a willingness to recognize inconsistencies. Add Brian Bix’s talents in each of these areas plus his skill as a writer, and you have a fine book.’ -- Stewart Macaulay, University of Wisconsin-Madison, USTable of ContentsContents: Preface 1. Introduction: theory and practice 2. Formation 3. Interpretation 4. Performance 5. Rights and duties of third parties 7. Contract theory 8. Concluding reflections on contract law and theory Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This comprehensive Advanced Introduction provides an overview of contract law and contemporary contract theory. Demonstrating that an understanding of theory and policy is a vital aspect of being an effective practicing lawyer, Brian H. Bix explores the various theoretical approaches which can best explain and justify contract law, arguing for greater critical attention to the connections between contract law theory, practice, and teaching.Key Features: Concise and accessible format Combines analysis of contract doctrine and theory Includes detailed Restatement, UCC and case references Analyses the strengths and weakness of a variety of theoretical approaches Examines contract law formation, interpretation, performance, the right of duties of third persons, and remedies The Advanced Introduction to Contract Law and Theory will be an invaluable resource for students wanting to understand contract law and its theoretical underpinnings. It will also prove an essential guide for scholars seeking an authoritative guide to current doctrine and debates in the field of contract law.Trade Review‘In Advanced Introduction to Contract Law and Theory, Brian Bix has accomplished the rare feat of providing an introduction to both contract doctrine and the normative debates that swirl around that law that speaks to both students and scholars in the field. He manages to clearly explain both the complexities of the law and the difficult theoretical debates that contract doctrine has sparked in ways that will engage beginners and challenge experts in the field.’ -- Nathan B. Oman, College of William & Mary, US‘Doctrine, legal philosophy and law-in-action: to understand contracts, we need all three of these bodies of knowledge. Moreover, we need a willingness to recognize inconsistencies. Add Brian Bix’s talents in each of these areas plus his skill as a writer, and you have a fine book.’ -- Stewart Macaulay, University of Wisconsin-Madison, USTable of ContentsContents: Preface 1. Introduction: theory and practice 2. Formation 3. Interpretation 4. Performance 5. Rights and duties of third parties 7. Contract theory 8. Concluding reflections on contract law and theory Bibliography Index

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Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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Book SynopsisWith the transfer of ever more tasks and competences to the European level the EU's administration has become increasingly complex, with 'agencification' as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.Importantly, the book takes a comparative approach, examining the parallels and differences with the US law of administrative organization - and demonstrates that it is not sufficient to consider the respective laws of important Member States in isolation. Using this comparison as a vehicle, the book provides a rounded conceptualization of the law of administrative organization of the EU. This includes a reasoned proposal for a reformed Art. 298 TFEU to address deficiencies in the EU's administrative organization and to enhance administrative legitimacy in the EU.Legal scholars undertaking research in the field of European and administrative law and civil servants working for Member States or European institutions will appreciate the scholarly thoroughness of this book.Trade Review‘The book as a whole represents a significant achievement as well as a mile marker in the development of EU law. After years of growth, the administrative organization of the EU is perhaps ready for a phase of doctrinal consolidation and refinement. With a sophisticated grasp of the current state of EU law and a well-stocked toolbox of relevant concepts and structures, Ruffert charts what that next phase could entail. Those with an interest in the future of EU administration would do well to read the book.’ -- Jud Mathews, Penn State Law School, US'Erudite and delightfully comparative, Ruffert's exploration of the core principles of administrative organization for the EU is bound to become a milestone in the EU administrative law literature. For EU scholars and practitioners, this is a must-read.' -- Robert Schutze, Durham University, UK and LUISS, Rome, Italy'Few observers are better positioned than Matthias Ruffert to tackle this complex topic. He brings to the task both an extraordinary breadth of comparative knowledge as well as an essential combination of analytical rigor and clarity of presentation. Law of Administrative Organization of the European Union is a great achievement that will be a go-to resource for judges, lawyers, professors, and students for years to come.' -- Peter L. Lindseth, University of Connecticut, School of Law, USTable of ContentsContents: Preface 1. Law of administrative organization of the EU: a regulatory task and mandate for research 2. Comparative law and law of administrative organization 3. Central concepts of law of administrative organization 4. Legitimacy–control–oversight 5. Federal interconnections 6. Law of administrative organization revisited References Index

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Book SynopsisShareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection rights across 19 different jurisdictions representing five continents.Themes emerging from the study include the historical evolution of inspection rights, the statutory design of the inspection regime, how inspection rights interact with disclosure norms under securities regulation, and the manner in which inspection rights are actually utilized by shareholders. While there is some commonality among jurisdictions, the larger story is one of divergence, which is understandable since local needs tend to drive the design and operation of the regime.The Research Handbook on Shareholder Inspection Rights is invaluable to academics, scholars, and students working in the area of corporate law and governance, legal practitioners working in corporate law and, in particular, shareholder litigation and regulators and government bodies overseeing the corporate sector, including corporate and securities regulators.Trade Review‘This volume brings together experts from around the world to undertake the first systematic comparative analysis of shareholder inspection rights, which are an important element in corporate governance and shareholder litigation. Given the increase in shareholder participation, stewardship and activism globally, the volume is of immense relevance to scholars and practitioners of corporate law and governance.’ -- GUO Li, Peking University Law School, ChinaTable of ContentsContents: 1 Introduction to the Research Handbook on Shareholder Inspection Rights 1 Randall S. Thomas, Paolo Giudici and Umakanth Varottil PART I THE UNITED KINGDOM 2 United Kingdom historical viewpoint 20 Jonathan Hardman 3 Shareholder Inspection Rights in the UK: hotchpotch provision and information deficits 40 Brenda Hannigan PART II CONTINENTAL EUROPE 4 Shareholder inspection rights in Belgium: unpopular or unnecessary? 70 Hans De Wulf 5 Shareholders’ inspection and investigation rights in France 100 Pierre-Henri Conac 6 Information rights of shareholders in German company law 121 Christoph Teichmann 7 Inspection rights in Italy 140 Paolo Giudici 8 Inspection rights in Spain 150 María Gutiérrez Urtiaga and Maribel Sáez Lacave 9 Shareholder inspection rights in Sweden and the Nordic Countries 171 Jan Andersson 10 Right of information and right of inspection in the Netherlands 186 Christoph Van der Elst PART III THE AMERICAS 11 The paradox of Delaware’s “Tools at Hand” Doctrine: an empirical investigation 205 James D. Cox, Kenneth J. Martin, and Randall S. Thomas 12 Addendum: recent developments in the “tools at hand” doctrine 249 James D. Cox and Randall S. Thomas 13 Alternative entity inspection rights 258 Peter Molk 14 Shareholder investigation rights in Canada: a balancing of competing interests 272 Poonam Puri 15 Shareholders’ inspection rights in Colombia 289 Francisco Reyes Villamizar 16 Inspection rights and the Brazilian Law of Corporations 307 Marcelo Godke Veiga and Marcelo Vieira von Adamek PART IV ASIA AND AUSTRALIA 17 Shareholder inspection rights in Australia: then and now 323 Tim Bowley and Jennifer G. Hill 18 Shareholder inspection rights in China: law and practice 343 Robin Hui Huang 19 Over-disclosure in Hong Kong? The role of shareholder inspection rights in a competitive IFC 361 David C. Donald 20 Shareholder inspection rights in India: restricted scope and diminished effect 377 Umakanth Varottil and Neha Joshi 21 Shareholder inspection rights in Japan: a segmented multiple-track approach 396 Gen Goto 22 Shareholder inspection rights in Korea: law and practice from a comparative perspective 412 Kon Sik Kim 23 Limited shareholder inspection rights in Singapore: worrying legal gap or unnecessary for rankings? 430 Dan W. Puchniak and Samantha S. Tang Index

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Book SynopsisThis Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.Addressing these relationships from a comparative perspective, the Handbook illustrates how different political contexts lead to different uses of law and how courts respond to divergent political environments. An impressive array of contributors, and the editors, examine law and political systems on a global scale through either country-specific analyses, comparative analyses, or the examination of transnational institutions.Scholars interested in law and courts, judicial politics, the rule of law, and governance will find this Research Handbook to be a valuable resource. It will provide a helpful foundation for advanced students of both political science and law and will be a useful reference tool for judges and those operating in a judicial or political sphere.Trade Review‘Definitely not the usual assortment of judicial studies, this exciting and innovative research uses sophisticated methodologies to analyze evolving interactions between law and politics in a variety of political systems across the globe. Written by an impressive array of esteemed scholars and rising stars, this fresh new collection is truly an outstanding achievement.’ -- Melinda Gann Hall, Michigan State University, USTable of ContentsContents; 1 Introduction to the Research Handbook on Law and Political Systems 1 Robert M. Howard, Rebecca A. Reid, and Kirk A. Randazzo 2 Court-curbing through legal reforms or coercion? 8 Aylin Aydin-Cakir 3 Majoritarians in robes 25 Todd Curry and Michael Romano 4 Gender, race, and politics in judicial process 40 Tao Dumas and Alexandra Mannix 5 Judges and politics in UK courts 57 Lewis Graham 6 Government transparency and judicial deference 71 Gbemende Johnson 7 A court of law or a court of judges? 85 Maoz Rosenthal and Shai Talmor 8 Planting seeds but bearing different fruit 99 Kyle Shen 9 Explaining congressional support for the federal judiciary 122 Jake S. Truscott and Teena Wilhelm 10 Instrumentalization of constitutional law in Central Asia 139 Alexei Trochev and Alisher Juzgenbayev 11 Politicization of courts in European democracies 169 Maria Popova and Christine Rothmayr Allison 12 Constitution-making and transnational expertise: lessons from the 2014 Tunisian Constitution 186 Alicia Pastor y Camarasa 13 The battle for judicial independence 200 Mónica Castillejos-Aragón 14 Public support and compliance with high courts around the world 212 Amanda Driscoll and Martín Gandur 15 Open justice at highest courts 234 Philipp Meyer 16 Courting dissent 254 Hayley Munir and Syed Rashid Munir 17 The theoretical and empirical relationship between legal pluralism and economic development 271 Valenta Kabo 18 The Caribbean Court of Justice 289 Harold A. Young 19 Law and violence against civilians 305 M.P. Broache 20 Strategic deference of the European Court of Justice 325 Joshua Boston and Dino Hadzic 21 Conclusion to the Research Handbook on Law and Political Systems 344 Kirk A. Randazzo, Rebecca A. Reid, and Robert M. Howard Index 355

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Book SynopsisThis thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of “in/formalisation” and “glocalisation”. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration.This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.Trade Review‘Professor Nottage’s book offers a genuine tour d’horizon, with insights going far beyond the two jurisdictions of Australia and Japan. It provides a fascinating analysis of the development of commercial and investment arbitration over the last two decades.’ -- Journal of Japanese Law‘The book would be useful for readers interested in the history of international commercial arbitration or investor-state arbitration; or for those especially interested in how each of these have played out within either Australia or Japan. Libraries with collections in either of these areas would benefit from this book, especially if they are able to point readers to specific chapters of interest.’ -- Taryn Marks, International Journal of Legal Information‘Anyone who practices international arbitration in the Asia-Pacific region or is a scholar of the field will enjoy this book and find it useful as a resource in the years ahead. For younger practitioners especially, this book will have special value, as it explains the diverse forces that have shaped the legal framework for international arbitration and produced the vibrant market we have today – a market that one could be forgiven for thinking was always there, but which in fact is a relatively new construct.’ -- Sam Luttrell, The Australian Law Journal‘This is a much-awaited book that illuminates international arbitration perspectives, policies, and practices of two major economies in the Asia-Pacific region. Particularly, perhaps reflecting the relative paucity of ISDS cases involving Japanese investors or the Japanese government, there is a general paucity of prior scholarship on Japan’s ISDS approaches, and this book fills this gap. At a time when ISDS is at a crossroads, the author’s acute analysis of state practice and policy formation based on analytical frameworks of “localised globalism” and “in/formalisation” provides invaluable guidance for domestic and international policy-makers, private practitioners, and academics.’ -- Tomoko Ishikawa, Nagoya University, Japan‘Cross-border dispute settlement in the Asia-Pacific has grown increasingly complex and dynamic in recent years. In this book, one of our keenest observers of the region traces evolving developments in Australia and Japan, examining the trajectories of commercial and investor-state arbitration within a common framework. We could have no better guide to the shifts, stops and starts that have characterized this evolving field of law and practice.’ -- - Tom Ginsburg, University of Chicago, US‘This important work by an eminent scholar in the field of international commercial arbitration provides a valuable opportunity to step back from day-to-day events and experiences and view them from the perspective of an analytical framework, enabling important trends, policy issues and principles to be identified. Combining intellectual academic rigour with practical applications and illustrations of the principles discussed, the author draws upon empirical research and established trends to predict likely developments in arbitration in a post-pandemic global economy.’ -- - Wayne Martin AC QC, Francis Burt Chambers and former Chief Justice of Western AustraliaTable of ContentsContents: Preface and acknowledgements 1. In/formalisation and glocalisation tensions in international arbitration PART I INTERNATIONAL COMMERCIAL ARBITRATION IN JAPAN AND AUSTRALIA 2. The vicissitudes of international commercial arbitration and the lex mercatoria : a view from the periphery 3. The procedural lex mercatoria : the past, present and future of international commercial arbitration 4. Japan’s Arbitration Law of 2003: early and recent assessments 5. International commercial arbitration in Australia: what’s new and what’s next? PART II CROSSOVERS FROM INTERNATIONAL COMMERCIAL TO INVESTOR-STATE ARBITRATION 6. In/formalisation and glocalisation of international commercial arbitration and investment treaty arbitration in Asia 7. A weather map for international arbitration: mainly sunny, some cloud, possible thunderstorms 8. Confidentiality versus transparency in international commercial arbitration and investor-state arbitration in Australia and Japan PART III INVESTOR-STATE ARBITRATION AND INTERNATIONAL INVESTMENT TREATIES 9. Throwing the baby out with the bathwater: Australia’s 2011–2013 policy shift against treaty-based investor-state arbitration 10. Investor-state arbitration: why not in the Japan–Australia Free Trade Agreement? 11. Investor-state arbitration policy and practice in Australia 12. Conclusions: beyond the pandemic – towards more global and informal approaches to international arbitration Index

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Book SynopsisFoundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon's historical, philosophical, and social origins.The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism: preferential treatment that public procurement law provides to the state in its contractual dealing with private entities.Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.Trade Review‘I heartily recommend Jose Giacomuzzi’s compelling study, Foundations of Public Contracts. Professor Giacomuzzi has produced a penetrating work comparing the systems of public contract law in three nations: France, Brazil and the United States. He offers striking insights into the dynamics and foundations of these systems, and demonstrates the power of comparative law. He explores with discernment how the three states accomplish common state ends with differing tools. Bravo!’ -- Joshua Ira Schwartz, George Washington University Law School, US‘Comparative law requires knowledge of different national legal orders and to be successfully conducted depends also on historical knowledge. Comparisons should not be snapshots, but narratives. Giacomuzzi’s book is a remarkable and paradigmatic achievement in the field, both as a legal comparison and historical approach. Written with elegance and clarity, it deals with three different traditions in a field of great importance for lawyers and policy makers in our times.’> -- José Reinaldo de Lima Lopes, Universidade de São Paulo, BrazilTable of ContentsContents: 1. A comparative public law approach: setting the tone 2. Black letter rules and formal sources: an overview of exceptionalism 3. Public contracts’ mentalités and ideologies 4. The public law–private law dichotomy in the context of public contracts 5. Liability for sovereign acts: an overview 6. State responsibility in American public contract law 7. France and la responsabilité sans faute 8. Brazil: fato do Príncipe and teoria da Imprevisão 9. Termination for convenience of the government Conclusion to Foundations of Public Contracts References Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.Addressing a void in current research and scholarship, this timely book will be of interest to lawyers and academics keen to push beyond the current boundaries of administrative law. Degree-level students and early career researchers in the fields of comparative and public law will also benefit from this discerning Research Agenda.Trade Review‘Covering a broad and diverse set of administrative law issues, A Research Agenda for Administrative Law prompts comparisons to a scholar’s own research even when it is in a different area of administrative law or a different administrative law system. Readers will find much to appreciate in chapters that reveal the challenging nature of our subject and the satisfaction of understanding it better. I am unaware of another book that offers scholars the same opportunity to contemplate how we understand the institutional, doctrinal, and political dimensions of this difficult but fascinating subject.’ -- Sidney Shapiro, Wake Forest University, US‘This is a must-read – a collection that is deliberately suggestive, provocative and wide-ranging. Administrative law scholarship is a big tent, comprising much more than doctrinal exposition and analysis of common law principles of judicial review. This collection of essays by leading scholars in the UK, Canada, New Zealand and Australia demonstrates other ways of looking at doctrine, as well as the potential and need for researching new or increasingly urgent aspects of the law’s relationships with the administrative state. Often (although not always) empirically focused, leading scholars address the methodological, normative, and even technological challenges and opportunities for those engaging in and reacting to the ever-changing modes of public administration and regulation.’ -- Emeritus Professor Mark Aronson, University of New South Wales, AustraliaTable of ContentsContents: Introduction xiii 1 Imagining method in administrative law scholarship 1 Elizabeth Fisher 2 Exploring the real world: researching the impact of judicial review 21 Maurice Sunkin 3 Investigating administration and administrative law: research questions from immigration administration 43 Robert Thomas 4 Administration in the constitution: disaggregating power for accountability purposes 65 Janet McLean 5 Parliament as scrutineer: parliamentary oversight of the law-making process 85 Alexander Horne and Michael Torrance 6 Judicial review scholarship expanding legal scholarly imagination 115 Joanna Bell and Sarah Nason 7 Administrative justice in transit: time for new vistas 137 Carol Harlow 8 Transcending the public law–private law divide 163 Jason NE Varuhas 9 Addressing contractual governance 207 Richard Rawlings 10 Regulation and administrative law: some key issues 235 Tony Prosser 11 Administrative law in the digital world 255 Paul Daly, Jennifer Raso and Joe Tomlinson 12 Administrative law in the EU: the liberal constitutional paradigm and institutionalism as an imperfect alternative 281 Joana Mendes Index 307

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Book SynopsisCounterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.The chapters include an examination of the way in which each country has experienced and confronted terrorism; an overview of each country's legal system; a detailed analysis of each country's counterterrorism laws; and a discussion of the ways in which international law has impacted their respective counterterrorism approaches. This book, therefore, is situated at the nexus of comparative law, international law, and national security, providing scholars and policymakers with insight into how different countries with contrasting legal traditions address a common national security threat.This compelling discussion of how different legal systems use their detention laws to address the threat of terrorism will be of interest to comparative lawyers, international lawyers, and national security professionals.Trade Review‘Dan Stigall provides a compelling explanation that the inevitable tension between security requirements and civil liberty imperatives never allows for clean-cut solutions, and instead Americans must insist on processes that allow both requirements to peacefully vie with each other, and accept the reality that the best outcomes result from compromise.’ -- Lieutenant General (retired) Michael K. Nagata, US Army'Dan Stigall is the perfect person to write this important book: an experienced practitioner and skilled academic who carefully navigates the complexities of investigative detention such that expert and novice both walk away better informed and maybe even questioning their own assumptions.' -- Matthew Levitt, The Washington Institute for Near East Policy, USTable of ContentsContents: Foreword by Colonel Christopher P. Costa Preface 1. Introduction to Counterterrorism and Investigative Detention 2. Investigative detention and international law 3. The United States 4. The United Kingdom 5. France 6. Conclusion to Counterterrorism and Investigative Detention Index

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Book SynopsisThis ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies – tobacco plain packaging, anti-counterfeiting measures and contrary marks – the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods.Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.Trade Review‘This important book explains how governments can do a better job incorporating human rights concerns into trademark law. It proposes a useful analytical framework for measuring whether trademark legislation and enforcement adequately protects rights to property, health, free expression, and other economic, social, and cultural rights.’ -- Lisa P. Ramsey, University of San Diego, US‘The interaction between intellectual property rights and human rights is such an important field of study that it almost became a subdiscipline. Dr. Wilkinson’s work constitutes a major addition to this field by adding a global and comparative dimension and conceptualizing a human rights culture for trade marks. A must read for everyone concerned with the ethical dimensions of innovation law!’ -- Christophe Geiger, Luiss Guido Carli University, Italy.‘Drawing on important comparative case studies on plain packaging tobacco legislation, contrary marks and counterfeiting, Dr Wilkinson makes a powerful and carefully argued case for an integrated and systematic human rights approach to trade marks law reform, particularly in the area of public health. Her study will provide a useful framework for future national and international reform initiatives.’ -- Sam Ricketson, Professor Emeritus, Melbourne Law School, AustraliaTable of ContentsContents: PART I EXISTING CONCEPTIONS OF TRADE MARKS AND HUMAN RIGHTS AND A FRAMEWORK FOR CHANGE 1 The need for increased awareness of human rights implications for trade marks 2 Conceptualising trade marks and human rights: the case for recognising all human rights PART II GLOBAL CASE STUDIES: ASSESSING HUMAN RIGHTS IMPLICATIONS OF DOMESTIC TRADE MARK LAWS 3 Tobacco plain packaging case study: Australia and Uruguay 4 Contrary marks case study: the United States and the European Union 5 Anti-counterfeiting legislation case study: Kenya and Australia PART III BUILDING A HUMAN RIGHTS CULTURE FOR TRADE MARKS 6 Innovating trade mark enforcement approaches in a human rights culture 7 Founding a global human rights culture for trade marks: planning for success Index

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Book SynopsisThis cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.Featuring discussions and reflections from scholars experienced in conducting comparative research, this book considers the ways in which comparative legal research can gain important comparative, qualitative and interpretive insights from the humanities and from the social sciences. Chapters examine contrasting comparative legal versus historical approaches, comparative sociology, comparative religion, comparative (legal) anthropology, comparative philosophy, comparative economics and more. Additionally, the book considers the challenges that lie ahead, not just for comparative legal research, but for comparative disciplines as a whole. Of the many challenges that are identified and discussed, the book concludes that comparative research can especially be further developed when it is also understood as a research design, instead of just a method.Inspiring and progressive, this book will be a crucial reference point for both research students and experienced researchers who are embarking on comparative research within the disciplines of law, humanities and social sciences.Trade Review‘Comparative Methods in Law, Humanities and Social Sciences makes a fresh and innovative addition to the booming literature on comparative research. The collection of chapters combines insights from various disciplines in humanities and social sciences such as law, literature, religion and politics. The editors have done a magnificent job in putting together a splendid group of world-class experts to author the individual chapters. This is a truly ground-breaking work and a must on every comparatist’s bookshelf.’ -- Heikki Pihlajamäki, University of Helsinki, Finland‘Comparative methods play a key role in many academic fields; yet, there is little interaction between the literature of these different fields. It is thus of great benefit that Maurice Adams and Mark Van Hoecke have brought together an excellent group of authors to reflect on comparative methods in law, humanities and social sciences. The book fills an important gap in the literature and promises to provide an important work of inspiration for scholars across many fields.’ -- Mathias Siems, European University Institute, Italy and Durham University, UKTable of ContentsContents: Preface xiii 1 Comparative disciplines: an introduction 1 Maurice Adams 2 Methods of legal history and comparative law 11 Geoffrey Samuel 3 Comparative legal history 45 Kjell Å Modéer 4 Comparative sociology: epistemological issues 62 Jean-Pascal Daloz 5 Elements of a comparative methodology in the study of religion 75 Oliver Freiberger 6 Comparative methods in legal anthropology: ‘thick’ comparison through (cultural) translation 96 Katrin Seidel 7 The comparative advantage of cultural anthropology 121 Peter van der Veer 8 Methods in comparative politics 135 Mathew Y.H. Wong 9 Comparative philosophy and comparison 149 Ralph Weber 10 Between comparison and commensuration: the trouble with global social indicators 175 David Nelken 11 Particularism versus universalism in the history of comparative literature 197 Angus Nicholls 12 Comparing across societies and disciplines 221 Mark Van Hoecke 13 Conclusion: challenges of comparison 246 Maurice Adams and Mark Van Hoecke Index 264

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Book SynopsisThis invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues. Over the course of this insightful book, Pier Giuseppe Monateri and Mauro Balestrieri thoroughly investigate the theory that the intention of law is not just to resolve conflicts, but to prevent their occurrence. Chapters critically analyse the historical and contemporary issues in quantitative methods, examine the main themes and approaches involved in quantitative and comparative law discussions, and present original research to illustrate key ideas. Providing an interdisciplinary approach, the book draws on insights and methodologies from other fields beyond law, including economics, statistics and political science. This authoritative book is an essential resource for students and scholars of comparative law, empirical legal studies and research methods. It will also benefit law clerks, legal advisors and policymakers.Trade Review‘Does law exist? If it does, one nevertheless cannot see it. But what one can see, say these two leading Italian academics, is a whole range of quantifiable effects that attach to law. It is these empirical effects that the authors employ as a comparative methodological approach which, they argue, avoids the impressionistic models founded on culture and on ‘ideological pipe dreams’. A controversial book? Undoubtedly so, but one that is so important and well argued that no serious comparative lawyer and (or) legal epistemologist will ever be able to ignore it.’ -- Geoffrey Samuel, Kent Law School, UK‘Was our critical horizon not that of incommensurability, as the world order was insidiously overtaken by neoliberal “metric legality”? Taking us by complete surprise, this brilliant political-legal model of “friction theory” uses quantitative methods to understand social approaches to law and their (often perverse...) effects in the empirical world.’ -- Horatia Muir Watt, Sciences Po Paris, FranceTable of ContentsContents: Preface PART I GENEALOGIES AND HISTORICAL PERSPECTIVES 1 Quantitative genealogy: the rise of numeric comparative law: Mauro Balestrieri 2 The metric legality: jurimetrics, legal cybernetics, and governance by indicators: Mauro Balestrieri PART II THINKING WITH MODELS 3 Thinking law with numbers: models of legal quantification: Pier Giuseppe Monateri 4 Quantitative frictional analysis of political order: Pier Giuseppe Monateri Conclusion: friction and the law: Pier Giuseppe Monateri and Mauro Balestrieri References Index

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Book SynopsisThis book takes a new approach to post-socialist constitutional change in Europe and Eurasia. It views these constitutions as the products of the collapse of Europe’s last empire, the Soviet Union. This book therefore seeks to understand these constitutions as more than just post-authoritarian texts, but also as post-colonial ones.This post-colonial paradigm provides a new set of tools for understanding constitutional dynamics in key countries within the European Union as well as the former Soviet republics to the East. In particular, it helps explain democratic backsliding in Central Europe (such as Hungary and Poland), authoritarian resilience in many of the former Soviet republics (including Russia, Belarus, and Kazakhstan) as well as ongoing struggles about national identity in places like Ukraine and Moldova. Partlett and Küpper’s application of the post-colonial paradigm to the former Soviet world contributes to our understanding of post-colonial constitutionalism. This insightful book therefore appeals to the comparative constitutional academic community as well as the broader academic community interested in post-colonialism. It will also be of interest to a general audience interested in better understanding the former socialist bloc countries.Trade Review‘This daring book reconceptualises post-Soviet transitions as exercises in post-colonial constitution-making. The result of this reframing is a wealth of insight, including a deepened understanding of the understudied polities that were formerly part of the USSR and fresh perspectives on the authoritarian turn taken in some parts of Eastern Europe.’ -- ­– David Landau, Florida State University, College of Law, USTable of ContentsContents: Preface Introduction: understanding East European and Eurasian constitutions through the post-colonial lens 1. Post-colonialism and post-socialist constitutional change 2. Russian constitution-making: convergence or continued exceptionalism in the former imperial centre? 3. An unexpected independence: the constitutions of the states of the ‘inner empire’ 4. Case studies from the inner empire 5. Factual decolonisation: the constitutions of the states of the ‘outer empire’ 6. Case study from the outer empire Conclusions: the shadows of the past and the overlaps between the post-authoritarian and the post-colonial Bibliography Index

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Book SynopsisComparative law scholars have long recognised the importance of looking beyond legal texts and incorporating interdisciplinary methods into the study of law, yet in practice such use of non-legal methods has remained modest. Interdisciplinary Comparative Law illuminates why the doctrinal approach to legal research has retained its strong position, offering a critical analysis of the difficulties of interdisciplinarity.Incisive and ambitious in scope, the book highlights why the comparative study of law benefits from employing the methods of other disciplines. Chapters explore the various ways in which different fields can learn from each other, taking a deep dive into the respective studies of legal history, linguistics, literature, economics, social theory, and international law. The result is a vibrant cross-section of the contrasts and parallels between the practices of law and other areas of research, demonstrating which are the easiest for comparatists to grasp and implement, and which present obstacles for the application of non-legal methods. This cutting-edge book is an essential read for advanced students and scholars of law and legal studies. Its diagnosis of interdisciplinarity as both a boon and bane in the study of law will be of especial interest to comparative law scholars. Trade Review‘It is a serious, and original, attempt to examine interdisciplinarity amongst the academic legal fraternity and makes many very pertinent observations, as one might expect from one of Europe’s leading comparative lawyers.’ -- Geoffrey Samuel (Kent)‘A profound meditation on how comparative law can and should overcome its “loneliness” by going beyond doctrinal study and embracing interdisciplinarity – engaging disciplines such as history, linguistics, literature, economics and social theory. The book also discusses how the comparativist studies international, transnational and global law. It maps out a paradigm shift in comparative law scholarship.’ -- Albert H.Y. Chen, University of Hong Kong‘Interdisciplinary Comparative Law provides a synoptic account of the ways in which comparative law scholars use – and misuse—the methods of other academic disciplines, economics, history, and literary theory, among others. Learned and thoughtful, with many illuminating examples and novel insights, it shows that resorting to interdisciplinarity is both unavoidable and problematic. This is a must-read for serious comparativists.’ -- Richard Kay, University of Connecticut, US‘Jaakko Husa’s book describes interdisciplinarity as a double-edged sword to the comparative study of law. This openness towards interdisciplinarity and awareness of its limitations are key features of this book. Thus, readers gain inspiring insights into a variety of other disciplines while also benefiting from Husa’s expertise as one of the most prolific comparative lawyers today.’ -- Mathias Siems, European University Institute, ItalyTable of ContentsContents: Preface 1. Alone in a crowded room? 2. History – more than water under the bridge? 3. Language – words, only words? 4. Imagination, culture, comparative law 5. Economy – path dependence and legal origins 6. Society – comparative law and social theory 7. Law – over the borders 8. Adapt and improvise? 228

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