Comparative law Books

Book SynopsisReforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas. Table of ContentsContents: Preface ix 1 Non-traditional trademarks as barriers to competition, innovation, and creativity: what if their protection could be effectively limited in practice? 1 Irene Calboli 2 Towards a general research exemption 18 Vincenzo Di Cataldo 3 Public lies and public goods: ten lessons from when patents and pandemics meet 30 Peter Drahos 4 Launching the Unified Patent Court: lessons from the United States Court of Appeals for the Federal Circuit 45 Rochelle Cooper Dreyfuss 5 Unlimiting limitations in intellectual property 68 Séverine Dusollier 6 Building an ethical framework for intellectual property in the EU: time to revise the Charter of Fundamental Rights 80 Christophe Geiger 7 All words and no performance: a revolution in copyright through performance in sound 95 Johanna Gibson 8 Authors’ remuneration: reforms to wish for 125 Jane C. Ginsburg 9 What single reform? 141 Sir Robin Jacob 10 Reappraising the relationship between intellectual property rights and human rights: a COVID-19 pandemic response 152 Duncan Matthews 11 Infrastructure, not waivers: promoting access to medicines in developing countries 167 Jerome H. Reichman 12 Regulating de facto powers: shifting the focus 177 Marco Ricolfi 13 EU copyright 20 years after the InfoSoc Directive – flexibility needed more than ever 188 Martin Senftleben 14 Making sure copyright works – safeguarding authors’ and users’ rights 211 Jens Schovsbo 15 Harmonization of employee invention laws: the black hole of the EU’s innovation policy 225 Hanns Ullrich 16 Reversing logic… 259 Michel Vivant 17 Licensability as property? 269 Guido Westkamp 18 Copyright on digital platforms: shifting paradigms 292 Hong Xue 19 Increased copyright flexibilities for user-generated creativity 307 Peter K. Yu Index

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Book SynopsisThis forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource.This book’s recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.Trade Review‘Based on most up-to-date and empirical research of the Belt and Road Initiative and its implications for business, this ground-breaking book is of enormous use for practitioners and scholars. Written by a leading expert on international economic law, it is packed with many valuable examples, case studies, judicial observations and practitioner insights.’ -- Heng Wang, UNSW Sydney, AustraliaTable of ContentsContents: Foreword Preface 1. Introduction: ASEAN businesses and the Belt and Road Initiative – risks and opportunities 2. A taxonomy of BRI disputes 3. Key findings 4. Conclusion and recommendations Index

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Book SynopsisThe Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman’s influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields.Trade Review‘This edited volume stands out in the literature for its genuinely innovative contribution to our understanding of postwar European constitutionalism. Analyzing European constitutional histories through the prism of Bruce Ackerman's work on revolutionary constitutionalism, the chapters combine careful contextual analysis with US-style grand theory, offering the best of both worlds. By retelling the stories of our origins, this collection provides new insights and inspires us to think more deeply about where we are headed. It deserves a wide readership, both in Europe and beyond.’ -- Michaela Hailbronner, University of Münster, Germany‘A textured, polyphonic reply to Ackerman’s “Revolutionary Constitutions”, this highly readable volume offers fresh analyses of constitutional transformation in several European countries, connecting national experiences to supra-national developments and revisiting critically Ackerman’s taxonomies. An essential contribution to the literature on European constitutionalism and constitutional theory, this is comparative teamwork at its best.’ -- Daniela Caruso, Boston University, USTable of ContentsContents: 1 Treading alongside the legitimacy pathways: an introduction 1 Marco Dani, Marco Goldoni and Agustín José Menéndez PART I QUESTIONING THE LEGITIMACY PATHWAYS THEORY 2 The democratic and social constitutional state as the paradigm of the post-World War II European constitutional experience 19 Marco Dani 3 The concept of revolution as a key to comparison: Ackerman’s ‘Revolutionary Constitutions’ and Gramsci’s ‘Passive Revolutions’ 43 Alessandra Di Martino 4 Constitutionalism in postwar Europe: revolutionary or counter-revolutionary? 64 Michael Wilkinson PART II QUESTIONING THE REVOLUTIONARY PATHWAY 5 A republic of parties: the Italian constitutional order through the lenses of the constitutional regime 94 Marco Goldoni 6 Portugal: from transformative to open constitutionalism 113 Teresa Violante 7 Is France (really) revolutionary? 137 Arnaud Le Pillouer PART III QUESTIONING THE ESTABLISHMENT PATHWAY 8 The British constitution in Ackerman’s worldview: a critique 158 Martin Loughlin 9 Constitutional pathways in Scandinavia 177 Signe Rehling Larsen 10 The Elites, the People, and their Court 214 Justin Collings 11 Revolution and elite negotiations: deconstructing constitutional pathways in Hungary and Poland 234 Marina Bán PART IV LEGITIMACY PATHWAYS AND EUROPEAN INTEGRATION 12 The constitutionalization of European integration as a single, protracted ‘constitutional moment’ towards the establishment of EU final authority 259 Sacha Garben 13 Incompatible constitutional paths? Making (constitutional) sense of the existential crisis of the European Union 282 Agustín José Menéndez 14 Afterword: European dilemmas 304 Bruce Ackerman Index

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Book SynopsisThis concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.Trade Review‘This book would be a good starting place for those interested in the effect of major infrastructure projects on minority native populations.’ -- Kate E. Britt, International Journal of Legal Information‘American Law succeeds in succinctly describing the core attributes of U.S. law and jurisprudence in a straightforward manner. This book will be a useful introductory guide for a wide variety of audiences, particularly international law students and legal practitioners outside the U.S. Students and researchers in the U.S. who are new to comparative law may also benefit from reading American Law.’ -- Anna Price, International Journal of Legal Information'I love the book. I think it is a winner. It has amazing breadth and focus, a really good selection of topics, and a great connection with recent literature. This is a fabulous book and a real ''primer'': it primes the reader into thinking about American law. Students, scholars and practitioners trained in a foreign legal system will find this book an extremely useful resource. It gives both an inside and an outside perspective on American law and is a great read even for those who are already familiar with it. The author does so much more than introducing the American legal system and comparing it to foreign systems: he explains why American law is different and he does so in such an interesting way that it makes the book both a deep read and a very pleasant one.' --Giuseppe Dari-Mattiacci, Columbia Law School, US'This is a wonderful comparative introduction to American law, which will be of great interest to both foreign students and American lawyers alike. Its deep engagement with comparative materials helps situate our legal system in a broader perspective. De Geest synthesizes all the essentials in an easy-to-read text. Highly recommended!' --Tom Ginsburg, University of Chicago, USTable of ContentsContents: Preface 1. Introduction: Common Law Versus Civil Law A. American Case Method 2. American Law Is Largely Judge-Made Law 3. American Litigation Relies On Juries 4. American Law Is State Law 5. How To Read An Opinion Of An American Court 6. Langdell And The Socratic Method At American Law Schools 7. How To Prepare For Classes And Exams At American Law Schools B. Understanding American Legal Culture 8. The Theory Of Glaeser And Shleifer 9. Universalism Versus Particularism 10. Bottom-Up Versus Top-Down Legal Systems 11. Procedural Formalism 12. German Law 13. Religion, Ethics, And Law 14. Legal Realism Versus Scholastic Thinking 15. Parental Legal Systems 16. Project-Based Corporate Culture 17. Levmore’s Uniformity Thesis 18. Old Law Is Cheap Law 19. What Jurisprudence Books Do American And European Law Professors Prefer To Read? C. Substantive Legal Differences 20. Constitutional Law 21. Criminal Law And Criminal Procedure 22. Civil Procedure 23. Evidence 24. Administrative Law Is Much Thinner In The U.S. 25. Contract Law 26. Property Law And Inheritance Law 27. Intellectual Property Law 28. Tort Law And Environmental Regulation 29. Corporate Law 30. Bankruptcy Law 31. Labor And Employment Law 32. Antitrust Law D. Conclusion 33. Is American Law The Best Law? 34. Literature Index

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Book SynopsisThis concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.Trade Review‘This book would be a good starting place for those interested in the effect of major infrastructure projects on minority native populations.’ -- Kate E. Britt, International Journal of Legal Information‘American Law succeeds in succinctly describing the core attributes of U.S. law and jurisprudence in a straightforward manner. This book will be a useful introductory guide for a wide variety of audiences, particularly international law students and legal practitioners outside the U.S. Students and researchers in the U.S. who are new to comparative law may also benefit from reading American Law.’ -- Anna Price, International Journal of Legal Information'I love the book. I think it is a winner. It has amazing breadth and focus, a really good selection of topics, and a great connection with recent literature. This is a fabulous book and a real ''primer'': it primes the reader into thinking about American law. Students, scholars and practitioners trained in a foreign legal system will find this book an extremely useful resource. It gives both an inside and an outside perspective on American law and is a great read even for those who are already familiar with it. The author does so much more than introducing the American legal system and comparing it to foreign systems: he explains why American law is different and he does so in such an interesting way that it makes the book both a deep read and a very pleasant one.' --Giuseppe Dari-Mattiacci, Columbia Law School, US'This is a wonderful comparative introduction to American law, which will be of great interest to both foreign students and American lawyers alike. Its deep engagement with comparative materials helps situate our legal system in a broader perspective. De Geest synthesizes all the essentials in an easy-to-read text. Highly recommended!' --Tom Ginsburg, University of Chicago, USTable of ContentsContents: Preface 1. Introduction: Common Law Versus Civil Law A. American Case Method 2. American Law Is Largely Judge-Made Law 3. American Litigation Relies On Juries 4. American Law Is State Law 5. How To Read An Opinion Of An American Court 6. Langdell And The Socratic Method At American Law Schools 7. How To Prepare For Classes And Exams At American Law Schools B. Understanding American Legal Culture 8. The Theory Of Glaeser And Shleifer 9. Universalism Versus Particularism 10. Bottom-Up Versus Top-Down Legal Systems 11. Procedural Formalism 12. German Law 13. Religion, Ethics, And Law 14. Legal Realism Versus Scholastic Thinking 15. Parental Legal Systems 16. Project-Based Corporate Culture 17. Levmore’s Uniformity Thesis 18. Old Law Is Cheap Law 19. What Jurisprudence Books Do American And European Law Professors Prefer To Read? C. Substantive Legal Differences 20. Constitutional Law 21. Criminal Law And Criminal Procedure 22. Civil Procedure 23. Evidence 24. Administrative Law Is Much Thinner In The U.S. 25. Contract Law 26. Property Law And Inheritance Law 27. Intellectual Property Law 28. Tort Law And Environmental Regulation 29. Corporate Law 30. Bankruptcy Law 31. Labor And Employment Law 32. Antitrust Law D. Conclusion 33. Is American Law The Best Law? 34. Literature Index

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Book SynopsisAs public infrastructure, health and other services are being delivered more frequently through Public-Private Partnerships (PPPs) and concessions, this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers how PPPs have become increasingly prevalent following the 2008 financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many. Containing in-depth investigation into EU law and comparative national experiences in relation to PPPs and concessions in 7 EU Member States and the UK, the contributions in this incisive book address the weak points in the current legal regime. Chapters analyse the risks faced by contracting authorities in connection to PPPs and concessions while highlighting good practices from different countries that may be considered for wider adoption across the EU. Public-Private Partnerships and Concessions in the EU will be a key resource for scholars and students of public administrative law and businesses seeking to procure contracts to create PPPs, as well as being of value to practitioners and policy makers at both EU and national levels. Contributors include: P. Bogdanowicz, K. Bonsignore, R. Caranta, P. Cerqueira Gomes, A. Christidis, M.E. Comba, D.C. Dragos, N. Gabayet, C. Krönke, P. Patrito, C. Risvig Hamer, P. Telles, P. Valcárcel Fernández, R. VornicuTrade Review'Public-Private Partnerships and Concessions are a crucial tool for organizing public services and delivering much needed infrastructure works. However these instruments and their legal character remain a topic for discussion. This book is therefore timely. The authors discuss the origins, its characteristics and include nine chapters providing country specific in-depth analysis. This book is a must-read for anyone interested in Public-Private Partnerships and Concessions in the European Union. Including subtile convergences and divergences this book illustrates the growing importance of comparative legal research in Europe.' --Steven Van Garsse, University of Hasselt and University of Antwerp, Belgium'This volume highlights the problematic issues in the regulation of Public-Private Partnerships and Concessions within the European Union. This well-structured collection displays historical development of relevant law, nine national chapters as well as one comparative law chapter. The authors have succeeded in giving a clear account of how the two overlapping concepts of Public-Private Partnerships and Concessions lack sufficient indication as to their distinctions and potential differences in their regulation. This is an important addition to the literature on government contracting that offers valuable contributions to public procurement law research.' --Marta Andhov, University of Copenhagen, DenmarkTable of ContentsContents: Foreword viii Table of cases xi 1 Regulation of PPP and concessions in European Union law – different but equal? 1 Piotr Bogdanowicz 2 An intellectual history of concessions and PPP law 17 Roberto Caranta and Paolo Patrito 3 Concessions and PPPs in Denmark 37 Carina Risvig Hamer 4 Public-private partnerships and concessions in France 52 Nicolas Gabayet 5 PPP and concessions in Germany 71 Christoph Krönke 6 PPPs and concessions in Italy: lots of good intentions, hindered by a highly complicated regulation 89 Katia Bonsignore and Mario E. Comba 7 Public-private partnerships and concessions in Poland: the story of the ugly duckling? 114 Piotr Bogdanowicz 8 PPPs and concessions in Portugal 129 Pedro Cerqueira Gomes 9 Concessions and PPP in Romania 146 Roxana Vornicu and Dacian C. Dragos 10 Works and service concession contracts: the way to boost PPP in Spain? 168 Patricia Valcárcel Fernández 11 The regulation of public-private partnerships and concession contracts in the UK 189 Pedro Telles and Aris Christidis 12 Challenges with concessions and public-private partnerships within the EU and national legal regimes 207 Pedro Telles Index 215

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Book SynopsisBringing together over 260 authors from 50 countries, the Encyclopedia of Comparative Law is the most comprehensive reference work in the field of comparative law.The Encyclopedia provides a unique collection of entries, written by authorities in their field, on the current state of this ever-emerging discipline. Entries provide unique insights into not only classical themes within the field but also expand the comparative method to many new topics – showing the way ahead for future scholarship. In addition, many topics are placed within a broader context, with attention given to aspects of social science, economics and anthropology.Entries are alphabetically arranged, covering topical aspects of comparative law as well as country reports addressing the world’s most important jurisdictions. The Encyclopedia is an indispensable source of information for anyone dealing with comparative and international aspects of the law.Key Features: A comprehensive range of over 225 substantive entries Entries organised alphabetically for ease of navigation Fully cross-referenced Special focus on methods used in comparative scholarship Entries written by the world’s foremost scholars of comparative law World class editorial team Table of ContentsContents: Abortion Rebecca J Cook and Bernard M Dickens Access to Justice Stefan Wrbka Accident Compensation Michael G Faure Administrative Courts Yseult Marique Administrative Law Hanns Peter Nehl Adversarial and Inquisitorial Process Amalia D Kessler Agency and Representation Hendrik Verhagen and Laura Macgregor Aims of Comparative Law H Patrick Glenn Alternative Dispute Resolution Anna Nylund American Law Ralf Michaels American Law Institute Michael D Green and Christopher J Robinette Animal Law Visa AJ Kurki Arbitration Stefan M Kröll Argentina Martín Hevia Artificial Intelligence Law Mireille Hildebrandt Assignment Brigitta Lurger Austria Eva Micheler Belgium Eric Dirix Biodiversity Jan Wouters and Estelle Valentine Irambona Brazil Bruno Vieira Canada Michelle Cumyn Canon Law Paolo Astorri and Wim Decock Causa and Consideration James Gordley and Hao Jiang Channel Islands Philip Bailhache and Duncan Fairgrieve Children’s Rights Atagün Kejanlioglu and Shauna Van Praagh Chile Rodrigo Momberg and Gonzalo Severin China Albert HY Chen Choice of Law Symeon C Symeonides Citizenship Rayner Thwaites Civil Procedure CH (Remco) van Rhee and Remme Verkerk Climate Change Law Daniel Farber Code Civil Jean-Louis Halpérin Codification Heikki Pihlajamäki Colonialism and Law Shane Chalmers Comity Roxana Banu Commercial Regulation Luke Nottage Common Core Projects Matthias E Storme Common Law Geoffrey Samuel Comparative International Law William E Butler Comparative Jurisprudence William Ewald Comparative Law and Economics Raffaele Caterina Comparative Legal Anthropology James AR Nafziger Comparative Legal Education Fiona Cownie Comparative Legal History Agustín Parise Comparative Legal Linguistics Heikki ES Mattila Consent in Contracts Catherine Valcke Consent in Criminal Law Miriam Gur-Arye Constitution David Schneiderman Constitutional Court (Germany) Michaela Hailbronner Constitutional Courts Sujit Choudhry Construction Law Evelien Bruggeman Consumer Credit Iain Ramsay Consumer Protection Stephen Weatherill Copyright Law Patrick Masiyakurima Corruption Mariana Moto Prado Cosmopolitanism Pavlos Eleftheriadis Costs in Civil Proceedings Catherine Piché Cour de cassation Jean-Louis Halpérin Court of Justice of the European Union Anthony Arnull COVID-19 and Contract Law Marta Santos Silva and Tomàs Gabriel García-Micó Criminal Law and Criminal Procedure Thomas Weigend Critical Approaches to Comparative Law Günter Frankenberg and Fernanda G Nicola Czech Republic Bohumil Havel Damages (in Tort) Siewert D Lindenbergh and Marnix R Hebly Death Penalty Andrew Novak Democracy Tom Gerald Daly Denmark Sune Klinge Disability Law Andrea Broderick Emergency Powers Pasquale Pasquino Energy Law Kim Talus England and Wales William Bull and Damian Smith Environmental Law Marjan Peeters Epistemology and Comparative Law Geoffrey Samuel Equity in English Law Stephen Waddams Estoppel Jennifer Nadler European Civil Code Nils Jansen and Lukas Rademacher European Court of Human Rights Janneke Gerards European Small Jurisdictions (Andorra, Liechtenstein, Monaco) Marcus Galdia European Union Law and Comparative Law Juha Raitio Euthanasia Law Maurice Adams Exceptionalism Helge Dedek and Henry Coomes Expressivism Gary Jeffrey Jacobsohn Extraterritoriality Carlos M Vázquez Family Régine Tremblay Fiduciary Duty Lionel Smith Finland Pia Letto-Vanamo France Bénédicte Fauvarque-Cosson and Alice Fournier Freedom of Speech Grzegorz J Blicharz German Law Helge Dedek and Martin J Schermaier Gift Richard Hyland Global Law Eric Tjong Tjin Tai Globalization Jaakko Husa Greece Eugenia Dacoronia Hindu Law Werner Menski Hong Kong Simon NM Young Human Rights Law Menno T Kamminga Hungary Balázs Fekete, András Jakab and Attila Menyhárd Iceland Björg Thorarensen India Aparna Chandra Insolvency Law Bob Wessels and Paul Omar Insurance Law Herman Cousy International Academy of Comparative Law Katharina Boele-Woelki and Diego Fernández Arroyo International Court of Justice Robert Kolb International Finance Jan Dalhuisen (International) Investment Law Georgios Dimitropoulos Interpretation of Contracts Jacques H Herbots Ireland David Kenny Islamic Law Mohammad Fadel Israel Gabriela Shalev Italy Barbara Pozzo Japanese Law Masaki Abe and Luke Nottage Jewish Law Benjamin Porat Judicial Activism Theunis Roux Judicial Review Erin F Delaney and Rosalind Dixon Jury Trial Stephen C Thaman Labour Law Ulla Liukkunen Laïcité François Saint Bonnet Language Rights Marcus Galdia Latvia Aleksandrs Fillers Law and Art Emily Gould Law and Development Jedidiah J Kroncke Law and Gender Roxanne Mykitiuk and Joshua DM Shaw Law in North African Countries: Tunisia, Algeria, Morocco Tachfine Baida and Baudouin Dupret Law of the Sea and International Maritime Law Youri van Logchem Legal Capacity Laurence Francoz Terminal Legal Culture David Nelken Legal Families Jaakko Husa Legal Formants Antonio Gambaro and Michele Graziadei Legal History and Comparative Law Viola Heutger and Eltjo Schrage Legal Orientalism Thomas Coendet Legal Origins Mathias Siems Legal Personality Jonas-Sébastien Beaudry Legal Pluralism Michael Palmer and Ling Zhou Legal Reasoning Jaap Hage Legal Style Péter Cserne Legal Theory and Comparative Law Frederick Schauer Legal Translation Gerard-René de Groot and Conrad JP van Laer Legislation, Legisprudence and Comparative Law Ittai Bar-Siman-Tov and Helen Xanthaki Lex Mercatoria Antti P Salonen Lithuania Laura Šlepaitė Luxembourg Pascal Ancel Macro Comparison Mark Van Hoecke Malta Justin Borg Barthet and Anthony E Borg Barthet Margin of Appreciation (ECHR) Maija Dahlberg Marriage Marsha Garrison Mauritius AH Angelo Medical Malpractice Lara Khoury and Ma’n H Zawati Methodologies for Comparative Law Esin Örücü Mistake Gerhard Lubbe Mixed Jurisdictions Vernon Valentine Palmer Montenegro Marko Novaković and Luka Breneselović Nationality Law Gerard-René de Groot and Luuk van der Baaren The Netherlands Jan M Smits Nigeria Abdulmumini A Oba Nordic Law Ditlev Tamm Northern Ireland Brice Dickson Norway Sören Koch Obligation Stéphane Sérafin Offer and Acceptance Inter Absentes Franco Ferrari Ombudsman Alberto Castro Pakistan Martin Lau Passenger Rights Vincenzo Zeno-Zencovich Patrimony Alexandra Popovici Pension Law Yves Stevens Personal and Real Security JHM (Sjef ) van Erp Personality Rights Johann Neethling Peru Raul F Zuñiga Plea Bargaining Bertrand Perrin and Pascal de Preux Poland Michał Gondek Portugal Madalena Narciso Precedent Raimo Siltala Privacy and Data Protection Herke Kranenborg Private International Law Horatia Muir Watt Product Liability Geraint Howells Property and Real Rights J Michael Milo Proportionality Jacco Bomhoff Public Law Jacques Ziller Public Procurement Sarah Schoenmaekers and Christopher Yukins Punitive Damages Solène Rowan Quantitative Methods in Comparative Law Ryan Whalen Québec Rosalie Jukier Referendum Markku Suksi Regionalism Vito Breda Regulation of Online Platforms Marta Cantero Gamito Religious Courts Mark Hill KC Religious Rights Ioanna Tourkochoriti Remedies for Breach of Contract Marco Torsello Roman Law and Comparative Law: A Tale of Two Disciplines Paul J du Plessis Romania Catalina Goanta Rule of Law and Globalization Mauro Bussani Rule of Law, The Gerald J Postema Russian Law William E Butler Saudi Arabia Dominik Krell Scots Law Hector L MacQueen Separation of Powers William Partlett Singapore Maartje de Visser Slovenia Maja Brkan, Maja Planinšič and Hana Šerbec Social Security Frans Pennings Soft Law Mariolina Eliantonio and Emilia Korkea-aho South Africa Jacques du Plessis South Korea Youngjoon Kwon Soviet Law William E Butler Spain Antoni Vaquer Strict Liability Alexandru Daniel On Subjective Right(s) Helge Dedek Supervening Events and Force Majeure Martin Schmidt-Kessel Supreme Court of the United States Benjamin B Johnson Sweden Rolf Dotevall Switzerland Pascal Pichonnaz Taiwan Wei-Chung Lin Tertium comparationis Uwe Kischel Tort Law Ulrich Magnus Trademarks Irene Calboli Transfer of Movable Property Lars van Vliet Transnational Criminal Law Valsamis Mitsilegas Trespass Paula Giliker Trust Law Marius J de Waal Turkey Z Derya Tarman Ultra Vires Geneviève Cartier UNIDROIT and UNCITRAL Luca Castellani and Anna Veneziano United Kingdom Supreme Court James Lee Unjustified Enrichment Daniel Visser Venice Commission Iain Cameron Vietnam John Gillespie Water Rights Jill Robbie Whistleblowing Vigjilenca Abazi World Trade Organization William J Davey

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Book SynopsisWith contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation.Chapters address the traditional objects of inquiry of the criminal justice system – policing, prosecution and prisons – while also offering reflections on surveillance, the rise of risk within justice and algorithmic justice. They discuss transnational crimes and misbehaviours, such as breaches of human rights, environmental degradation and irregular migration, and examine interactions and flows between the national and the international on issues such as the death penalty, terrorism and juvenile justice. The Research Handbook also analyses crimes and behaviours associated with the 'dark side' of globalisation, providing a critical discussion of proposed remedies for the problems posed by globalisation.Probing the connections between globalisation and criminal policy, this innovative Research Handbook will be an ideal read for scholars and students of comparative criminal justice or comparative criminology. Academics in cognate disciplines such as law, sociology, politics and anthropology will also benefit from this resource.Trade Review‘This book is a gem. The editors’ introduction not only provides context for the contributors’ essays; it also provides a sophisticated epistemologically rich investigation into the various understandings of what it means to undertake comparative analysis. And the other contributors do much more than bring us up to date in various fields. They also create new fields, propose to redefine traditional fields, ask new questions, point to new directions, and draw on unexpected and informative material to buttress their claims. The new student, the advanced graduate student, and the established research scholar will all find it to their advantage to consult this volume frequently. A must for every scholarly library.’ -- M.M. Feeley, University of California at Berkeley, US‘This volume captures the essence of what is exciting and rewarding in doing comparative research on criminal justice. The Research Handbook, edited by David Nelken and Claire Hamilton, provides refreshing and innovative insights as the authors canvass the field and explore new methodological and theoretical horizons. A must-read for all comparativists.’ -- Susanne Karstedt, Griffith University, Australia‘Exciting, Extensive and highly readable. This Handbook is a treasure trove for comparative students and scholars alike. A real achievement by Nelken and Hamilton.’ -- Francis Pakes, University of Portsmouth, UKTable of ContentsContents: PART I INTRODUCTION 1 New directions in comparative criminal justice 2 David Nelken and Claire Hamilton PART II THE COMPARATIVE AND THE TRANSNATIONAL 2 Youth justice: European and international developments and (good) practices 30 Frieder Dünkel 3 Prosecution in adversarial and inquisitorial procedures: the weakening of professional autonomy 49 Jacqueline S. Hodgson 4 Systems of trial: towards convergence? 66 Richard Vogler 5 The diffusion of plea bargaining and the global administratisation of criminal convictions 84 Máximo Langer 6 The Nordic exceptionalism thesis revisited 109 John Pratt 7 Theorising global penal change 126 Ely Aaronson 8 Making sense in cross-cultural research in criminal justice: some reflections on theory and method 141 Stewart Field PART III MAPPING THE DARK SIDE OF GLOBALISATION 9 Transnational policing, crime and justice 155 James Sheptycki 10 Surveillance, police, and quarantining COVID-19 in Canada and Australia 175 Randy K. Lippert and Adam Molnar 11 Towards convergence? Comparative counter-terrorism and the ‘transnational counter-terrorism order’ 192 Claire Hamilton 12 Criminology of the borderlands 207 Maartje van der Woude 13 Money laundering 225 Michael Levi 14 Cybercrime 243 Stefano Caneppele and Amandine da Silva 15 Personalising comparison in international criminal law 261 Nicola Palmer PART IV SPREADING UNIVERSAL STANDARDS 16 Criminology and human rights 274 Marinella Marmo and Elaine Fishwick 17 Capital punishment in comparative perspective 289 David T. Johnson 18 Globalisation, gender and crime 304 Rosemary Barberet 19 Green criminology, environmental harms and eco-justice 315 Rob White 20 Decolonising comparative criminology 332 Chris Cunneen 21 Comparative criminal justice as a social practice: the case of standardising indicators 348 David Nelken 22 Comparative criminology in the time of algorithmic knowledge: the challenges of global comparison 365 Dvir Yogev and Yoav Mehozay Index 383

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Book SynopsisNow in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.Trade Review‘The coming out of a second edition of this book is particularly welcome. The reality of nowadays’ world, indeed, makes the adoption of a transnational perspective in the study of private international law particularly deserving, making it rather short-sighted to persist in a purely national or regional attitude in addressing the subject. A further distinguishing feature of this textbook lies in its methodological approach, based on a direct confrontation with cases, arising from the practice of various jurisdictions. This second edition introduces important updates, with a fresh discussion of new cases and more recently adopted legislation, particularly from the EU side, keeping up with the unceasing development of the subject.’ -- Fabrizio Marongiu Buonaiuti, University of Macerata, Italy‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’ -- Christopher A. Whytock, University of California, US‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’ -- Diana Wallis, University of Hull, UKAcclaim for the first edition:‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction to Conflict of Laws: A Comparative Approach PART I CHOICE OF LAW 1. Competing methodologies 2. The choice of law process PART II JURISDICTION 3. Variety of jurisdictional rules 4. Parallel litigation 5. Choice of court agreements PART III FOREIGN JUDGMENTS 6. Foreign nation judgments 7. Sister states’ judgments PART IV CONTRACTS 8. Jurisdiction in contractual matters 9. Choice of law in contractual matters PART V TORTS 10. Choice of law in tort matters Short bibliography Index

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Book SynopsisNow in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.Trade Review‘The coming out of a second edition of this book is particularly welcome. The reality of nowadays’ world, indeed, makes the adoption of a transnational perspective in the study of private international law particularly deserving, making it rather short-sighted to persist in a purely national or regional attitude in addressing the subject. A further distinguishing feature of this textbook lies in its methodological approach, based on a direct confrontation with cases, arising from the practice of various jurisdictions. This second edition introduces important updates, with a fresh discussion of new cases and more recently adopted legislation, particularly from the EU side, keeping up with the unceasing development of the subject.’ -- Fabrizio Marongiu Buonaiuti, University of Macerata, Italy‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’ -- Christopher A. Whytock, University of California, US‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’ -- Diana Wallis, University of Hull, UKAcclaim for the first edition:‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction to Conflict of Laws: A Comparative Approach PART I CHOICE OF LAW 1. Competing methodologies 2. The choice of law process PART II JURISDICTION 3. Variety of jurisdictional rules 4. Parallel litigation 5. Choice of court agreements PART III FOREIGN JUDGMENTS 6. Foreign nation judgments 7. Sister states’ judgments PART IV CONTRACTS 8. Jurisdiction in contractual matters 9. Choice of law in contractual matters PART V TORTS 10. Choice of law in tort matters Short bibliography Index

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Book SynopsisThis timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa’s place within the growing discourse of comparative constitutional law.Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.Trade Review‘If you like constitutions, you will love this book. Contextual, innovative, timely and brilliant, Comparative Constitutional Law in Africa is a must-read for constitutionalists and a much-needed book on an understudied part of the world.’ -- Richard Albert, The University of Texas at Austin, US‘Dixon, Ginsburg, and Abebe have built a magnificent team of eminent scholars to guide readers through the largely uncharted terrain of African constitutionalism. Contextual, innovative, timely and brilliant, Comparative Constitutional Law in Africa is a must-read for constitutionalists and a much-needed book on an understudied yet immensely important region of the world.’ -- Richard Albert, The University of Texas at Austin, USTable of ContentsContents: 1 Introduction to comparative constitutional law in Africa 1 Adem Abebe, Rosalind Dixon and Tom Ginsburg PART I CONSTITUTIONAL DESIGN, AMENDMENT, AND INTERPRETATION 2 Public participation, representative elites and technocrats in constitution-making processes: Nigeria, Uganda, South Africa and Kenya 16 Abrak Saati 3 Constitutional amendment and term limit evasion in Africa 40 Tom Ginsburg, Adem Abebe, and Rosalind Dixon 4 Constitutional review in Africa 58 Markus Böckenförde 5 Political party constitutionalisation in Africa: trends and prospects for deepening constitutionalism 110 Charles Fombad PART II CONSTITUTIONAL STRUCTURE: DEMOCRATIZATION AND TAMING THE EXECUTIVE 6 Democratic constitutional transitions in sub-Saharan Africa 138 Duncan M. Okubasu 7 Federalism, devolution and territorially based cleavages in Africa 158 Assefa Fiseha 8 Regulating the exercise of public power through law: a first glance at comparative administrative law/justice in Africa 217 Hugh Corder 9 Constitutional responses to corruption in Africa 244 Selemani Kinyunyu PART III CONSTITUTIONAL RIGHTS AND FREEDOMS 10 Constitutions, freedom of expression, internet shutdowns, social media and defamation laws in Africa 269 Mugambi Laibuta 11 Constitutional protection of socio-economic rights in Africa 293 Magnus Killander 12 Constitutional regulation of religion in Africa 313 Johan D. van der Vyver 13 Traditional kingdoms and modern constitutions: parochialism, patriarchy, and despotism vs. indigenous safeguards against absolutism 329 Jan Erk PART IV CONSTITUTIONS AND SUPRANATIONAL LAW 14 Africanization of constitutional law 362 Micha Wiebusch Index

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Book SynopsisThis insightful book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.Adopting a pragmatic view of regional identity as constantly changing and creating a mistrust of rule by ‘others’, Breda explores a wide range of case studies, including Hong Kong, Northern Ireland and Quebec, where nationalism and political violence have led to state actions becoming discredited. Particular attention is paid to those concerned with the lingering effects of a colonial past in China. The book demonstrates that constitutional law projects visions of what a society is and wants to be, and argues that less hegemonic perspectives increase the likelihood of cooperation, leading to better outcomes for all citizens.The book will be an informative read for academics and students in comparative public law political scientists, and sociologists interested in nationalism and democracy. It will also aid policy-makers seeking to design stable, effective and inclusive constitutions.Trade Review‘This book by Vito Breda constitutes a major exploration of a series of ethno-regionalism cases in Europe, North America, East Asia and Oceania through the lenses of constitutionalism and territorial politics. The author convincingly illustrates how cooperation among groups, respect between key political partners, and the protection of human dignity contribute to create the necessary conditions for political stability and reciprocity. Complementary to this sustained account, a crucial point is made to the effect that permanent negotiations among political partners open the way to the expansion of the democratic exercise while instilling a culture of togetherness. A must-read for anyone interested in the development of multinational democracies.’ -- Alain-G. Gagnon, Université du Québec à Montréal, Canada‘Regionalism is in the midst of a renaissance, and there is no scholar better than Vito Breda to assess the challenges and opportunities regionalism raises for constitutional stability and performance. Timely and inspired, this study of sub-state identity-formation exposes deep fissures in multinational societies but charts a hopeful path for managing regional constitutional crises.’BR> -- Richard Albert, University of Texas, US‘Complex realities require complex analyses and cannot be solved with simplism. The current crises need thoughtful and in-depth research to shed light on the intense fog in which they seem to exist. Vito Breda's latest book analyzes and illuminates some of the most important problems of current constitutionalism and regionalisms that sometimes attack the status quo. It offers a perspective far beyond the usual and fascinating points of view. Very useful to understand the world where we live.’ -- Iñigo Navarro Mendizabal, Universidad Pontificia Comillas, Spain‘In his latest book, constitutional scholar Vito Breda once again draws on his broad erudition to construct a comprehensively researched, insightful and often startlingly original take on his subject. Breda is a skilled mosaicist: he relies on case studies from several continents to produce both a rich and a conceptually deep image of how constitutionalism, regionalism and conflict intersect around the world.’ -- Ron Levy, Australian National University, Australia.‘In this well-informed scholarly work on regional constitutional crises, Vito Breda, one of the experts on legal comparison, synthesizes its dialectical aspect. Inspired by the real impacts of space and time positioning, Breda brilliantly highlights the tensions created by the obvious sacrifice of local identities on the altar of global beliefs, whatever they might be, for even the mirage of constitutional stability. Not only do we have here a clear description of the tragic truth of the manipulation of (legal) meanings by the so-called elites but also of the quasi permanent abuse of the dominant position of central states on their peripheries. This work illustrates the Althusserian findings on ideology, which masks reality, misrepresents reality and ultimately creates a fantasy world to allow the continuation of a system including its constitutional architecture. Thanks to Vito Breda, we understand how regional entities are the victims within that mechanism.’ -- David Marrani, International Centre of Law and Business, AGIR Group, Jersey‘Vito Breda’s Constitutional Crises and Regionalism paints a powerful landscape of one of the most fundamental dynamics of contemporary constitutionalism. The book combines together methodological rigor, interdisciplinary perspectives and innovative vision. Through an inductive, comparative approach, Professor Breda moves from some concrete situations, of which he has in-depth knowledge, to obtain a convincing and original reading of regionalism as a complex constitutional phenomenon.’ -- Matteo Frau, University of Brescia, Italy‘A fascinating exploration of regional governance and constitutional engineering. Those who seek to delve into the realms of territorial identities, multinationalism, political pluralism, and constitutional organization would greatly benefit from reading Breda’s insightful perspective.’ -- Hèctor López Bofill, Pompeu Fabra University, SpainTable of ContentsContents: Introduction to Constitutional Crises and Regionalism 1. The UK and Northern Ireland: sectarianism and Brexit 2. Spain: Spanish legitimacy after the end of political violence in the Basque Country 3. Italy and Sicily: Mafia territorial sovereignty 4. North America: Quebec and Alaska 5. China and Hong Kong: an a-constitutional crisis 6. France: the end of New Caledonia’s sui generis status 7. Australia and the Northern Territory: an unfortunate intervention 8. Papua New Guinea and Bougainville: civil war and a new sovereign state Conclusion to Constitutional Crises and Regionalism Bibliography Index

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Book SynopsisThis is an authoritative collection on comparative law and economics, a new research field in which differences among legal systems are analysed using an economic methodology. Comparative law and economics brings comparative law to a higher scientific level, and enriches traditional comparative economics, in which insufficient attention has been paid to legal environments.This comprehensive three-volume collection covers the following subjects: general theories and general historical perspectives, regulatory competition and legal transplants, legal systems and economic growth, property, tort law and restitution, contracts and consumer protection, corporate law and organizations, and procedural law.Comparative Law and Economics will be an indispensable reference source for those with an interest in these fields.Trade Review'This is an extremely fine, wide-ranging anthology of essays applying economic analysis to comparative law. Comparative law - the comparison of the world's extraordinarily diverse legal systems - with special reference to the legal challenges facing developing nations offers an enormous and underexplored field for the application of economics. These essays demonstrate the promise of the economic approach and will go far to stimulate further research, thinking, and reform.' -- Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, USTable of ContentsContents: Volume I Acknowledgements Introduction Gerrit De Geest and Roger Van den Bergh PART I GENERAL THEORIES AND GENERAL HISTORICAL PERSPECTIVES 1. Saul Levmore (1986), ‘Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law’ 2. Ugo Mattei (1997), ‘The Competitive Relationship among Sources of Law’ 3. Anthony Ogus (2002), ‘The Economic Basis of Legal Culture: Networks and Monopolization’ 4. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’ 5. Richard A. Posner (1981), ‘The Economic Theory of Primitive Law’ 6. Francesco Parisi (2001), ‘The Genesis of Liability in Ancient Law’ PART II REGULATORY COMPETITION AND LEGAL TRANSPLANTS 7. Wallace E. Oates and Robert M. Schwab (1988), ‘Economic Competition Among Jurisdictions: Efficiency Enhancing or Distortion Inducing?’ 8. Roger Van den Bergh (2000), ‘Towards an Institutional Legal Framework for Regulatory Competition in Europe’ 9. Edgardo Buscaglia and William Ratliff (2000), ‘Legal and Economic Integration: The Cases For and Against Legal Transplants’ 10. Gerrit De Geest (2002), ‘Information Problems Caused by Regulatory Competition, and Their Solution: International Standard Codes’ 11. Daniel Berkowitz, Katharina Pistor and Jean-Francois Richard (2003), ‘The Transplant Effect’ PART III LEGAL SYSTEMS AND ECONOMIC GROWTH 12. Douglass C. North and Robert Paul Thomas (1973), ‘The Issue’ and ‘France and Spain – The Also-rans’ 13. Mancur Olson (1982), ‘The Developed Democracies Since World War II’ 14. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1999), ‘The Quality of Government’ 15. Paul G. Mahoney (2001), ‘The Common Law and Economic Growth: Hayek Might Be Right’ Name Index Volume II Acknowledgements An introduction by the editors to all three volumes appears in Volume I PART I PROPERTY 1. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 2. Saul Levmore (1987), ‘Variety and Uniformity in the Treatment of the Good-Faith Purchaser’ 3. J. Mark Ramseyer (1989), ‘Water Law in Imperial Japan: Public Goods, Private Claims, and Legal Convergence’ 4. Kathryn Firmin-Sellers (2000), ‘Custom, Capitalism, and the State: The Origins of Insecure Land Tenure in West Africa’ 5. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’ 6. Francesco Parisi (2002), ‘Entropy in Property’ PART II TORT LAW AND RESTITUTION 7. Michelle J. White (1989), ‘An Empirical Test of the Comparative and Contributory Negligence Rules in Accident Law’ 8. J. Finsinger, T. Hoehn and A. Pototschnig (1991), ‘The Enforcement of Product Liability Rules: A Two-Country Analysis of Court Cases’ 9. Boudewijn Bouckaert and Gerrit De Geest (1995), ‘Private Takings, Private Taxes, Private Compulsory Services: The Economic Doctrine of Quasi Contracts’ 10. Claus Ott and Hans-Bernd Schäfer (1997), ‘Negligence as Untaken Precaution, Limited Information, and Efficient Standard Formation in the Civil Liability System’ 11. Mauro Bussani, Vernon Valentine Palmer and Francesco Parisi (2003), ‘Liability for Pure Financial Loss in Europe: An Economic Restatement’ PART III CONTRACTS AND CONSUMER PROTECTION 12. Steven N.S. Cheung (1969), ‘Transaction Costs, Risk Aversion, and the Choice of Contractual Arrangements’ 13. Janet T. Landa (1981), ‘A Theory of the Ethnically Homogeneous Middleman Group: An Institutional Alternative to Contract Law’ 14. Heidi Kroll (1987), ‘Breach of Contract in the Soviet Economy’ 15. Wouter P.J. Wils (1993), ‘Who Should Bear the Costs of Failed Negotiations? A Functional Inquiry into Precontractual Liability’ 16. Hein Kötz (2000), ‘Precontractual Duties of Disclosure: A Comparative and Economic Perspective’ 17. Ronald J. Gilson (1999), ‘The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, and Covenants Not to Compete’ 18. Pamaria Rekaiti and Roger Van den Bergh (2000), ‘Cooling-off Periods in the Consumer Laws of the EC Member States. A Comparative Law and Economics Approach’ Name Index Volume III Acknowledgements An introduction by the editors to all three volumes appears in Volume I PART I CORPORATE LAW AND ORGANIZATIONS 1. Mark J. Roe (1993), ‘Some Differences in Corporate Structure in Germany, Japan, and the United States’ 2. Michelle J. White (1996), ‘The Costs of Corporate Bankruptcy: A U.S.-European Comparison’ 3. Henry Hansmann and Ugo Mattei (1998), ‘The Functions of Trust Law: A Comparative Legal and Economic Analysis’ 4. Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 5. Bernard Black, Reinier Kraakman and Anna Tarassova (2000), ‘Russian Privatization and Corporate Governance: What Went Wrong?’ 6. Henry Hansmann and Reinier Kraakman (2001), ‘The End of History for Corporate Law’ 7. John C. Coffee, Jr. (2001), ‘Do Norms Matter? A Cross-country Evaluation’ PART II PROCEDURAL LAW 8. Geoffrey P. Miller (1997), ‘The Legal-Economic Analysis of Comparative Civil Procedure’ 9. J. Mark Ramseyer and Minoru Nakazato (1989), ‘The Rational Litigant: Settlement Amounts and Verdict Rates in Japan’ 10. Michael Adams (1995), ‘The Conflict of Jurisdictions – An Economic Analysis of Pre-trial Discovery, Fact Gathering and Cost Shifting Rules in the United States and Germany’ 11. Richard A. Posner (1996), ‘Lecture Three: Functional, Systemic Comparisons of Legal Systems’ 12. Robert D. Cooter and Tom Ginsburg (1996), ‘Comparative Judicial Discretion: An Empirical Test of Economic Models’ 13. Edgardo Buscaglia and Thomas Ulen (1997), ‘A Quantitative Assessment of the Efficiency of the Judicial Sector in Latin America’ Name Index

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Book SynopsisThis comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the 'more economic approach' and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.Trade Review'The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies.' -- Ioannis Lianos, World Competition'Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.' -- Madhu Sahni, Journal of Intellectual Property Rights'This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all.' -- IPKAT'Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.' -- Marianne Levin, Stockholm University, SwedenTable of ContentsContents: Preface PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES 1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach Olav Kolstad 2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law? Josef Drexl 3. The Contestability of IP-Protected Markets Andreas Heinemann 4. Assessing the Effects of Intellectual Property Rights in Network Standards Mark-Oliver Mackenrodt PART II: CONTRACTUAL ARRANGEMENTS 5. The New EC Competition Law Framework for Technology Transfer and IP Licensing Steve Anderman 6. Patent Pools – Policy and Problems Hanns Ullrich 7. The Competitive Effects of Patent Field-of-Use Licences Mark R. Patterson 8. Patent and Know-How Licences under the Japanese Antimonopoly Act Junko Shibata PART III: UNILATERAL RESTRAINTS 9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches Beatriz Conde Gallego 10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis Clifford A. Jones 11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts Warren S. Grimes PART IV: MERGER CONTROL 12. New Technologies and Mergers Josef Bejček PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION 13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion Annette Kur 14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations? Gustavo Ghidini and Emanuela Arezzo 15. Development of the Economics of Coypright Christian Handke, Paul Stepan and Ruth Towse PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION 16. Intellectual Property, the Internal Market and Competition Law Stefan Enchelmaier 17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach? Ole-Andreas Rognstad 18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed? Robert D. Anderson Index

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Book SynopsisThis major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation.Providing useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.Trade Review'The editor of Patent Law and Theory must be congratulated for assembling a concentration of sheer patent law erudition and scholarship. The title is a noteworthy compilation of 26 well-written, remarkably accessible and thought-provoking essays that goes to great lengths in charting the contours of contemporary thought over the "the world's oldest regularly established property right". . . it manages to accomplish an ambitious endeavour of providing a comprehensive view of prevailing issues in the field of patent law and other related fields. . . the interested patent law reader will have much to gain from the fecund material found in the large majority of the title's essays. The world's corpus of patent law research is richer with the publication of this title.' -- John A. Tessensohn, European Intellectual Property ReviewTable of ContentsContents: Preface PART I: FOUNDATIONS 1. On the Economics of Patent Law and Policy F. Scott Kieff 2. Patents and Policies for Innovations and Entrepreneurship Ove Granstrand 3. History of the Patent System John N. Adams 4. A Spanner in the Works – Or the Spanner that Works? Patents and the Intellectual Property System Jeremy Phillips 5. International Treaties and Patent Law Harmonization: Today and Beyond Tomoko Miyamoto PART II: INTERNATIONAL AND COMPARATIVE DIMENSIONS: PROCEDURAL ISSUES IN EXAMINATION 6. Examination Procedure at the European Patent Office Peter Watchorn 7. Appeal Procedure before the European Patent Office Andrea Veronese 8. Patent Office Oppositions and Patent Invalidation in Court: Complements or Substitutes? Jay P. Kesan 9. Trilateral Cooperation – Mutual Exploitation of Search and Examination Results Among Patent Offices with a View to Establishing a System of Rationalized Work-Sharing Shinjiro Ono 10. ‘Lost in Translation’: The Legal Impact of Patent Translation Errors on Claim Scope Donald S. Chisum and Stacey J. Farmer PART III: CONDITIONS OF PATENTABILITY: ESSENTIAL REQUIREMENTS 11. Patenting Software-Related Inventions in Europe Stefan Schohe, Christian Appelt and Heinz Goddar 12. Utility and Industrial Applicability Christopher Wadlow 13. The Novelty and Priority Provision under the United States First-to-File Principle: A Comparative Law Perspective Toshiko Takenaka 14. Back to the Graham Factors: Nonobviousness after KSR v. Teleflex Elizabeth A. Richardson PART IV: PATENT ENFORCEMENT ISSUES: EXTENT OF PATENT PROTECTION AND INFRINGEMENT REMEDIES 15. Extent of Patent Protection in the United States, Germany, the United Kingdom and Japan: Examination through the Concept of ‘Person Having Ordinary Skill in the Art of the Invention’ Toshiko Takenaka 16. Direct and Indirect Patent Infringement Alison Firth 17. The Scope of Patent Protection for Spare Parts and its Extension through Other Tools of Intellectual Property Horst-Peter Götting and Sven Hetmank 18. The Exhaustion of Patent Owners’ Rights in the European Community Thomas Hays 19. Enabling Research or Unfair Competition? De Jure and De Facto Research Use Exceptions in Major Technology Countries Sean O’Connor 20. Compulsory Licensing Under TRIPS and the Supreme Court of the United States’ Decision in eBay v. MercExchange Christopher A. Cotropia 21. Adequate Compensation for Patent Infringement Damages: A Comparative Study of Damage Measurements in Japan and the United States Toshiko Takenaka 22. Resolving Patent Disputes in a Global Economy Rochelle C. Dreyfuss PART V: CORE ISSUES IN THE FUTURE? 23. Challenges to the Sui Generis Regime of Pharmaceutical Patents John R. Thomas 24. Current Controversies Concerning Patent Rights and Public Health in a World of International Norms Cynthia M. Ho 25. Biotechnology Patent Pools and Standards Setting Jorge A. Goldstein 26. Patenting Industry Standards Vincent F. Chiappetta Index

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Book SynopsisComparative law and economics is an interdisciplinary research field in which differences among legal systems are analyzed from an economic point of view. The papers in this path-breaking collection illustrate those differences, describe their economic effects and discover which legal rules or systems are optimal from an economic viewpoint. The volume brings together twenty important contributions on property law, contract law, tort law, corporate law, intellectual property law, litigation law and the legal system, and shows how economics can enrich the study of comparative law.Trade Review‘. . . this collection of work is extremely interesting. . .’ -- Sally Ramage,The Criminal LawyerTable of ContentsContents: Acknowledgements Introduction Gerrit De Geest PART I CLASSICS 1. Adam Smith ([1776], 1976), ‘Of the Division of Stock’ and, ‘Of the Discouragement of Agriculture in the ancient State of Europe after the Fall of the Roman Empire’ in An Inquiry into the Nature and Causes of the Wealth of Nations’ 2. Douglass C. North and Robert Paul Thomas (1973), ‘The Issue’ and ‘France and Spain – The Also-rans’ 3. Saul Levmore (1986), ‘Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law’ 4. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ PART II PROPERTY LAW 5. Steven N.S. Cheung (1969), ‘Transaction Costs, Risk Aversion, and the Choice of Contractual Arrangements’ 6. Martin J. Bailey (1992), ‘Approximate Optimality of Aboriginal Property Rights’ 7. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’ 8. Robert D. Cooter (1999), ‘Mongolia: Avoiding Tragedy in the World’s Largest Common’ 9. Erica Field (2005), ‘Property Rights and Investment in Urban Slums’ PART III COURTS AND THE LEGAL SYSTEM 10. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’ 11. Simeon Djankov, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2003), ‘Courts’ 12. Thorsten Beck, Asli Demirgüç-Kunt and Ross Levine (2003), ‘Law and Finance: Why does Legal Origin Matter?’ 13. Tom Ginsburg and Glenn Hoetker (2006), ‘The Unreluctant Litigant? An Empirical Analysis of Japan’s Turn to Litigation’ 14. Gillian K. Hadfield (2008), ‘The Levers of Legal Design: Institutional Determinants of the Quality of Law’ PART IV OTHER 15. Henry Hansmann and Marina Santilli (1997), ‘Authors’ and Artists’ Moral Rights: A Comparative Legal and Economic Analysis’ 16. Ronald J. Gilson (1999), ‘The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, and Covenants Not to Compete’ 17. Simon Johnson, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2000), ‘Tunneling’ 18. Henrik Lando and Caspar Rose (2004), ‘On the Enforcement of Specific Performance in Civil Law Countries’ 19. Michael L. Smith (2005), ‘Deterrence and Origin of Legal System: Evidence from 1950–1999’ 20. Francesco Parisi, Vernon Valentine Palmer and Mauro Bussani (2007), ‘The Comparative Law and Economics of Pure Economic Loss’ Name Index

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Book SynopsisThis book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is 'pro-debtor' and UK law is 'pro-creditor', and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights.Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies.Trade Review'This book offers a detailed, comparative critique of bankruptcy law in the United States and the United Kingdom. . . This book is an excellent introduction into corporate rescue law. The style is clear and easy to follow. The inclusion of academic and legal references throughout the text enables the reader to further investigate particular lines of argument. This book is recommended for both legal practitioners and law students.' -- Michael Browne, International Trade and Business Law Review'. . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law - An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated.' -- Sandra Frisby, Banking and Finance Law Review'The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect.' -- Wee Meng Seng, Singapore Journal of Legal StudiesTable of ContentsContents: Preface 1. Introduction 2. Corporate Restructuring Law in the UK 3. Fundamental Features of the US Chapter 11 4. Entry Routes and Corporate Control 5. The Automatic Stay – Barring Individual Creditor Enforcement Actions 6. Financing the Debtor 7. The Role of Employees 8. The Restructuring Plan 9. Conclusion Index

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Book SynopsisThe context for this book is the increasingly complex relationship between economic theory and competition law which gives rise to lively political and academic debate on the direction competition law should take in a more global and innovation-oriented market place.The authors adopt a comparative, research-orientated approach, taking into account different situations in the US, Europe, Japan and transition and developing countries. They investigate the impact of economics on the objectives of competition law in various fields - restrictive agreements, unilateral restraints and merger control - and on the effectiveness of enforcement in a given legal and judicial system.Economic Theory and Competition Law is an insightful resource for law and economics scholars. Legal practitioners in the field of competition law will also value this book.Trade Review‘Economic Theory and Competition Law constitutes a timely, stimulating contribution to the ongoing debate on the current trends of competition enforcement, not only in Europe but also in other jurisdictions, and especially on the impact that applying the concepts and the categories of economic theory is going to have on this activity. . . Due to its coverage and timeliness, it is very likely to have a considerable impact on the current discussion and also to be of interest to both academics and practitioners active in the field of competition law and policy.' -- Arianna Andreangeli, Common Market Law ReviewTable of ContentsContents: Preface PART I: THE GOALS OF COMPETITION LAW – A COMPARATIVE PERSPECTIVE 1. Economic Analysis in EU Competition Cases Hans W. Friederiszick 2. Competition Law and the Institutional Embeddedness of Economics David J. Gerber 3. The Goals of Japanese Competition Law Shuya Hayashi 4. Efficiency of Competition Law in Economies of Transition 5. The Treatment of Efficiencies in South African Merger Consideration Geoff Parr PART II: THE STATUS OF EFFICIENCY ANALYSIS IN COMPETITION LAW 6. Should Competition Law Promote Efficiency? Some Reflections of an Economist on the Normative Foundations of Competition Law Wolfgang Kerber 7. Competition Law Should Promote Economic and Social Welfare by Ensuring the Freedom to Compete – A Lawyer’s View Roger Zäch 8. Appropriation of the Legal System by Economic Concepts: Should Conflicting Goals be Considered? Anne Perrot 9. Competition Law and Public Policy: Reconsidering an Uneasy Relationship – The Example of Article 81 Heike Schweitzer PART III: ECONOMIC ANALYSIS AND COMPETITION LAW IN PRACTICE 10. Restrictive Agreements and Unilateral Restraints: Merging Regimes on Market Power and Exclusion Thomas Eilmansberger 11. Convergence of Competition Law Prohibitions: Foundational Issues Michal S. Gal 12. Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism? Thomas L. Greaney 13. Efficiency in Merger Law: Appropriateness of Efficiency Analysis in Ex-ante Assessment? Daniel Zimmer 14. Efficient and/or Effective Enforcement Marie-Anne Frison-Roche 15. A Brief Overview of Some Conflicts between Economic Efficiency and Effectiveness of the Administrative or Judicial Process in Competition Law Antoine Louvaris 16. Conflicts between Economic Efficiency and Effective Judicial Process Muriel Chagny PART IV: GUEST SPEECH 17. Efficiency in the Enforcement Policy of the French Conseil de la Concurrence Bruno Lasserre Index

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Book SynopsisNoted international scholars from a range of disciplines present in this book Japanese and East Asian perspectives on the changed prospects for international peace post September 11. Because East Asia has not been preoccupied with the ongoing conflicts in the Middle East, the authors' views serve as a balance to the war on terror declared in the United States.The book begins with chapters that explore the attacks from an historical perspective, and discuss whether they were indeed watershed events that changed the world. Further chapters explore pacifism in philosophy and religion through Kant, Christianity, Islam and constitutional pacifism in postwar Japan. The concluding chapters discuss concrete ways to move toward peace in the twenty-first century. Scholars of international studies and politics, the Middle East and religion will find this insightful book a valuable addition to their library.Trade Review'The book is a major contribution to our understanding of peace movements and pacifism after 11 September. While most people tend to take the importance of 11 September for granted, the book challenges the general understanding of the development and implications of the events. . . In addition, the philosophical, religious and theoretical discussion enriches peace research scholarship.' -- Jian Yang, New Zealand International ReviewTable of ContentsContents: Preface PART I: PEACE AND WAR AFTER SEPTEMBER 11 1. Peace Issues in the ‘Post-9/11’ World Yoshikazu Sakamoto 2. War and Peace in an Age of Terror and State Terrorism Richard Falk 3. Searching for Peace in a World of Terrorism and State Terrorism Johan Galtung 4. Diaspora, Empire, Resistance: Peace and the Subaltern as Rupture(s) and Repetition(s) Lester Edwin J. Ruiz PART II: PACIFISM, PHILOSOPHY, RELIGION 5. Kant and Anti-War Pacifism: The Political Theory of the Post-9/11 World Osamu Kitamura 6. Christian Pacifism After 9/11: A Mennonite Perspective Atsuhiro Katano 7. The Problem of Peace and World Order in an Islamic Context: The Case of Modern Japan Norio Suzuki 8. On Constitutional Pacifism in Post-War Japan: Its Theoretical Meanings Shin Chiba PART III: TOWARD PEACE DIPLOMACY, PACIFISM, AND PEACE MOVEMENTS TODAY 9. Upon What Principles Should Foreign Policy Be Based in the 21st Century? Thomas J. Schoenbaum 10. Foreign Policy Pragmatism and Peace Movement Moralism: Can the Gap be Bridged – or Tertium Non Datur? Johan Galtung 11. Globalization and the 21st Century US Peace Movement T.V. Reed 12. A Peaceful Superpower: The Movement Against War in Iraq David Cortright Index

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Book SynopsisThis in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state.The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.Table of ContentsContents: Preface Joakim Nergelius Introduction Antonina Bakardjieva Engelbrekt and Joakim Nergelius PART I: COMPARATIVE LAW, LEGAL AID AND DEVELOPMENT 1. Legal Change and Economic Performance: An Assessment Gianmaria Ajani 2. Legal Cartography and Comparative Law Per Bergling 3. Development Assistance in the Legal Field: Promotion of Market Economy v Human Rights Michael Bogdan 4. Can Human Rights be Exported? On the Very Idea of Human Rights Transplantability Claudio Corradetti 5. ‘Cut-and-Paste’? Rule of Law Promotion and Legal Transplants in War to Peace Transitions Richard Zajac Sannerholm PART II: COMPARATIVE CONSTITUTIONAL LAW 6. Ontological and Epistemological Complexity in Comparative Constitutional Law Otto Pfersmann 7. European Constitutional Law: Its Notion, Scope and Finalities Rainer Arnold 8. Governmental Accountability in Autonomies: Åland Islands in Comparison with Select Autonomies in Europe and Elsewhere Markku Suksi 9. The Viability of Constitutional/Non-Constitutional Comparison Johan Lindholm 10. Comparative Aspects of Fundamental Rights in Germany and Central and Eastern Europe: The Example of Ukraine Kateryna Karpova PART III: COMPARATIVE PRIVATE AND ECONOMIC LAW 11. Making the Principles of European Contract Law: Theoretical and Methodological Aspects Ole Lando 12. The Questionable Questionnaire: Reflections on Comparative Law Method in Light of Principles of European Tort Law Mårten Schultz 13. Legal Services in Conveyancing: A European Comparison Christoph U. Schmid 14. Constitutionalisation of Private Law Anna Lytvynyuk 15. Toward an Institutional Approach to Comparative Economic Law? Antonina Bakardjieva Engelbrekt CONCLUSION 16. Modern Comparative Law: The Forces Behind and the Challenges Ahead in the Age of Transnational Harmonisation Peter-Christian Müller-Graff Index

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Book SynopsisThis landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers dozens of countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.Contributors: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P.G. Carozza, C. Charters, J.A. Cheibub, S. Choudhry, D.M. Davis, R. Dixon, V. Ferreres Comella, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J.L. Hiebert, R. Hirschl, N. Hume, H. Irving, V.C. Jackson, G.J. Jacobsohn, D.P. Kommers, R.J. Krotoszynski, Jr, N. Lenagh-Maguire, F. Limongi, F.I. Michelman, K. O Regan, R.H. Pildes, K. Roach, K. Rubenstein, C. Saunders, D. Schneiderman, A. Stone, R. Teitel, M. TushnetTrade Review'A comprehensive index closes this overall impressive volume... all future studies in this field will be well advised to take advantage of the highly inspiring and thought-provoking articles collected in this volume.' --Manfred Stelzer, ZOER (Journal of Public Law)'This book is a research handbook on comparative constitutional law and contains a valuable compilation of articles on different aspects of this interesting topic. . . this is a valuable book that will assist those interested in putting the constitutional aspects of EU law in a wider comparative perspective. The extensive literature references included at the end of each article make the book a valuable starting point for those interested in a specific part of comparative constitutional law. At the same time many articles also provide relatively in-depth discussions of specific constitutional orders in itself.' --Nik de Boer, Common Market Law ReviewTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN AND REDESIGN 2. Drafting, Design and Gender Helen Irving 3. Participation in Constitutional Design Justin Blount 4. Transitional Justice and the Transformation of Constitutionalism Ruti Teitel 5. Constitutional Drafting and External Influence Zaid Al-Ali 6. Constitutional Amendment Rules: A Comparative Perspective Rosalind Dixon 7. Constitutional Endurance Tom Ginsburg PART II: CONSTITUTIONAL IDENTITY 8. The Formation of Constitutional Identities Gary J. Jacobsohn 9. Citizenship and the Boundaries of the Constitution Kim Rubenstein and Niamh Lenagh-Maguire 10. Comparative Constitutional Law and Indigenous Peoples: Canada, New Zealand and the USA Claire Charters 11. A New Global Constitutional Order? David Schneiderman PART III: CONSTITUTIONAL STRUCTURE 12. Legislative-Executive Relations José Antonio Cheibub and Fernando Limongi 13. The Separation of Legislative and Executive Powers Ronald J. Krotoszynski, Jr. 14. Political Parties and Constitutionalism Richard H. Pildes 15. The Rise of Specialized Constitutional Courts Victor Ferreres Comella 16. The Interplay of Constitutional and Ordinary Jurisdiction Frank I. Michelman 17. Constitutional Experimentation: Rethinking How a Bill of Rights Functions Janet L. Hiebert 18. The Rise of Weak-form Judicial Review Mark Tushnet 19. Constitutions and Emergency Regimes Oren Gross 20. Federalism, Devolution and Secession: From Classical to Post-conflict Federalism Sujit Choudhry and Nathan Hume PART IV: INDIVIDUAL RIGHTS AND STATE DUTIES 21. The Structure and Scope of Constitutional Rights Stephen Gardbaum 22. The Comparative Constitutional Law of Freedom of Expression Adrienne Stone 23. Comparative Constitutional Law and Religion Ran Hirschl 24. Autonomy, Dignity and Abortion Donald P. Kommers 25. Human Dignity in Constitutional Adjudication Paolo G. Carozza 26. Equality Kate O’Regan and Nick Friedman 27. The Right to Property Tom Allen 28. Socio-economic Rights: Has the Promise of Eradicating the Divide between First and Second Generation Rights Been Fulfilled? Dennis M. Davis 29. Comparative Constitutional Law and the Challenges of Terrorism Law Kent Roach 30. Legal Protection of Same-sex Partnerships and Comparative Constitutional Law Nicholas Bamforth PART V: COURTS AND CONSTITUTIONAL INTERPRETATION 31. Judicial Engagement with Comparative Law Cheryl Saunders 32. Constitutional Interpretation in Comparative Perspective: Comparing Judges or Courts? Vicki C. Jackson and Jamal Greene 33. Docket Control and the Success of Constitutional Courts David Fontana Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law, the specially commissioned papers in this landmark volume represent a broad, multi-method approach combining history and social science perspectives with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state - both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of the modern state. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will also find this work a valuable addition to their library.Table of ContentsContents: Comparative Administrative Law: An Introduction Susan Rose-Ackerman and Peter L. Lindseth PART I: HISTORICAL PERSPECTIVES 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence of Administrative Law in Europe Bernardo Sordi 2. Explaining Administrative Law: Reflections on Federal Administrative Law in Nineteenth Century America Jerry L. Mashaw 3. Testing Weber: Compensation for Public Services, Bureaucratization, and the Development of Positive Law in the United States Nicholas Parrillo 4. Administrative Law and the Public Regulation of Markets in a Global Age Marco D’Alberti 5. Administrative Law in East Asia: A Comparative-Historical Analysis John Ohnesorge 6. Administrative State Socialism and its Constitutional Aftermath Kim Lane Scheppele PART II: CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW 7. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 8. Good-bye Montesquieu Bruce Ackerman 9. Comparative Positive Political Theory M. Elizabeth Magill and Daniel R. Ortiz 10. Overseeing the Executive: Is the Legislature Reclaiming Lost Territory from the Courts? Tom Zwart 11. ‘Creatures of the State’: Regulatory Federalism, Local Immunities, and EU Waste Regulation in Comparative Perspective Fernanda G. Nicola PART III: ADMINISTRATIVE INDEPENDENCE 12. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 13. The Puzzle of Administrative Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 14. Presidential Dominance from a Comparative Perspective: The Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 15. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 16. Understanding Independent Accountability Agencies John M. Ackerman 17. Independent Administrative Authorities in France: Structural and Procedural Change at the Intersection of Americanization, Europeanization and Gallicization Dominique Custos 18. A Comparison of US and European Independent Agencies Martin Shapiro PART IV: TRANSPARENCY, PROCEDURE, AND ADMINISTRATIVE POLICY-MAKING 19. Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU Jonathan B. Wiener and Alberto Alemanno 20. Towards a Third Generation of Administrative Procedure Javier Barnes 21. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly 22. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss PART V: ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. The Origins of American-style Judicial Review Thomas W. Merrill 24. The Powers and Duties of the French Administrative Judge Jean Massot 25. Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and Tribunals Peter Cane 26. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 27. Judicial Deference to Legislative Delegation and Administrative Discretion in New Democracies: Recent Evidence from Poland, Taiwan, and South Africa Cheng-Yi Huang 28. Where Too Little Judicial Deference Can Impair the Administrative Process: The Case of Ukraine Howard N. Fenton PART VI: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. The Boundary between Public and Private 29. Three Questions of Privatization Daphne Barak-Erez 30. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 31. Organizational Structure, Institutional Culture and Norm Compliance in an Era of Privatization: The Case of US Military Contractors Laura A. Dickinson 32. Financial Crisis and Bailout: Legal Challenges and International Lessons from Mexico, Korea and the United States Irma E. Sandoval 33. The Role of the State in (and after) the Financial Crisis: New Challenges for Administrative Law Giulio Napolitano B. Administration Beyond the State: The Case of the European Union 34. A Restatement of European Administrative Law: Problems and Prospects George A. Bermann 35. Adversarial Legalism and Administrative Law in the European Union R. Daniel Kelemen 36. Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies Johannes Saurer 37. Individual Rights and Transnational Networks Francesca Bignami Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law, the specially commissioned papers in this landmark volume represent a broad, multi-method approach combining history and social science perspectives with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state - both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of the modern state. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will also find this work a valuable addition to their library.Table of ContentsContents: Comparative Administrative Law: An Introduction Susan Rose-Ackerman and Peter L. Lindseth PART I: HISTORICAL PERSPECTIVES 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence of Administrative Law in Europe Bernardo Sordi 2. Explaining Administrative Law: Reflections on Federal Administrative Law in Nineteenth Century America Jerry L. Mashaw 3. Testing Weber: Compensation for Public Services, Bureaucratization, and the Development of Positive Law in the United States Nicholas Parrillo 4. Administrative Law and the Public Regulation of Markets in a Global Age Marco D’Alberti 5. Administrative Law in East Asia: A Comparative-Historical Analysis John Ohnesorge 6. Administrative State Socialism and its Constitutional Aftermath Kim Lane Scheppele PART II: CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW 7. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 8. Good-bye Montesquieu Bruce Ackerman 9. Comparative Positive Political Theory M. Elizabeth Magill and Daniel R. Ortiz 10. Overseeing the Executive: Is the Legislature Reclaiming Lost Territory from the Courts? Tom Zwart 11. ‘Creatures of the State’: Regulatory Federalism, Local Immunities, and EU Waste Regulation in Comparative Perspective Fernanda G. Nicola PART III: ADMINISTRATIVE INDEPENDENCE 12. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 13. The Puzzle of Administrative Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 14. Presidential Dominance from a Comparative Perspective: The Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 15. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 16. Understanding Independent Accountability Agencies John M. Ackerman 17. Independent Administrative Authorities in France: Structural and Procedural Change at the Intersection of Americanization, Europeanization and Gallicization Dominique Custos 18. A Comparison of US and European Independent Agencies Martin Shapiro PART IV: TRANSPARENCY, PROCEDURE, AND ADMINISTRATIVE POLICY-MAKING 19. Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU Jonathan B. Wiener and Alberto Alemanno 20. Towards a Third Generation of Administrative Procedure Javier Barnes 21. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly 22. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss PART V: ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. The Origins of American-style Judicial Review Thomas W. Merrill 24. The Powers and Duties of the French Administrative Judge Jean Massot 25. Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and Tribunals Peter Cane 26. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 27. Judicial Deference to Legislative Delegation and Administrative Discretion in New Democracies: Recent Evidence from Poland, Taiwan, and South Africa Cheng-Yi Huang 28. Where Too Little Judicial Deference Can Impair the Administrative Process: The Case of Ukraine Howard N. Fenton PART VI: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. The Boundary between Public and Private 29. Three Questions of Privatization Daphne Barak-Erez 30. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 31. Organizational Structure, Institutional Culture and Norm Compliance in an Era of Privatization: The Case of US Military Contractors Laura A. Dickinson 32. Financial Crisis and Bailout: Legal Challenges and International Lessons from Mexico, Korea and the United States Irma E. Sandoval 33. The Role of the State in (and after) the Financial Crisis: New Challenges for Administrative Law Giulio Napolitano B. Administration Beyond the State: The Case of the European Union 34. A Restatement of European Administrative Law: Problems and Prospects George A. Bermann 35. Adversarial Legalism and Administrative Law in the European Union R. Daniel Kelemen 36. Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies Johannes Saurer 37. Individual Rights and Transnational Networks Francesca Bignami Index

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Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index

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Book SynopsisThis comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the 'more economic approach' and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.Trade Review'The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies.' -- Ioannis Lianos, World Competition'Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.' -- Madhu Sahni, Journal of Intellectual Property Rights'This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all.' -- IPKAT'Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.' -- Marianne Levin, Stockholm University, SwedenTable of ContentsContents: Preface PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES 1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach Olav Kolstad 2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law? Josef Drexl 3. The Contestability of IP-Protected Markets Andreas Heinemann 4. Assessing the Effects of Intellectual Property Rights in Network Standards Mark-Oliver Mackenrodt PART II: CONTRACTUAL ARRANGEMENTS 5. The New EC Competition Law Framework for Technology Transfer and IP Licensing Steve Anderman 6. Patent Pools – Policy and Problems Hanns Ullrich 7. The Competitive Effects of Patent Field-of-Use Licences Mark R. Patterson 8. Patent and Know-How Licences under the Japanese Antimonopoly Act Junko Shibata PART III: UNILATERAL RESTRAINTS 9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches Beatriz Conde Gallego 10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis Clifford A. Jones 11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts Warren S. Grimes PART IV: MERGER CONTROL 12. New Technologies and Mergers Josef Bejček PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION 13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion Annette Kur 14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations? Gustavo Ghidini and Emanuela Arezzo 15. Development of the Economics of Coypright Christian Handke, Paul Stepan and Ruth Towse PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION 16. Intellectual Property, the Internal Market and Competition Law Stefan Enchelmaier 17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach? Ole-Andreas Rognstad 18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed? Robert D. Anderson Index

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Book SynopsisIn recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics, regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society. This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.Trade Review‘Hard on the heels of a recent surge in charity-law reforms around the world comes this comprehensive volume of analysis and caution by leading academics and practitioners from many of the countries undergoing change. This timely and essential resource will not only aid those jurisdictions where welcome modernization has occurred, but also provide guidance and lessons for policy makers and scholars in Australia’s renewed push for reform - as well as in the United States, where serious debates are just starting.’ -- Evelyn Brody, Chicago-Kent College of Law and Reporter, American Law Institute’s Project on Principles of the Law of Nonprofit Organizations, USTable of ContentsContents: Foreword Introduction Myles McGregor-Lowndes PART I: THE CHARITY REFORM JOURNEY SINCE 2001 1. Charity Law Reforms: Overview of Progress Since 2001 Kerry O’Halloran, Bob Wyatt, Laird Hunter, Michael Gousmett and Myles McGregor-Lowndes 2. England and Wales: Pemsel Plus Lindsay Driscoll 3. Ireland: Pemsel Plus Oonagh B. Breen PART II: BOUNDARIES 4. Public Benefit: The Long and Winding Road to Reforming the Public Benefit Test for Charity: A Worthwhile Trip or ‘Is Your Journey Really Necessary?’ Debra Morris 5. Developing Issues in the Regulation of Public Benefit Organisations in Japan and China Karla W. Simon 6. Holding the Line: Regulatory Challenges in Ireland and England when Business and Charity Collide Oonagh B. Breen 7. Government–Charity Boundaries Kerry O’Halloran 8. Religion as a Head of Charity Brian Lucas and Anne Robinson PART III: THE FUTURE OF CIVIL SOCIETY ORGANISATIONS 9. The Future of Civil Society Organisations: Towards a Theory of Regulation for Organised Civil Society Jonathan Garton 10. Modernising Charity Law: Steps to an Alternative Architecture for Common Law Charity Jurisprudence Matthew Turnour Conclusion Kerry O’Halloran Index

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Book SynopsisComprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here. Contributors: M. Andenas, S. Benedettini, C. Costantini, D. Fairgrieve, G. Frankenberg, J. Gaakeer, S. Glanert, P. Goodrich, J. Gordley, C. Lei, B. Luppi, A.L. Marasco, S. McEvoy, P.G. Monateri, H. Muir Watt, A. Nicita, F. Parisi, G. Samuel, G. WattTrade Review‘Extensively footnoted throughout, the book takes its place as part of Elgar’s Research Handbooks in Comparative Law series - the first of its kind, apparently, to cover such a broad range of comparative law issues. The orientation is global; the approach scholarly. This is a book which will no doubt interest the worldwide community of law academics and academic lawyers. Offering up some of the latest thinking on this subject, it contains much food for thought.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Introduction Pier Giuseppe Monateri PART I: WHY ‘METHODS’? AN INTELLECTUAL PROJECT ON THE MULTILAYER STRUCTURE OF LEGAL COMPARATIVISM 1. Methods in Comparative Law: An Intellectual Overview Pier Giuseppe Monateri 2. Intent on Making Mischief: Seven Ways of Using Comparative Law Mads Andenas and Duncan Fairgrieve 3. Method? Simone Glanert 4. Comparison as Deep Appreciation Gary Watt PART II: REVISITING CLASSICAL THEORIES AND PERSPECTIVES ON COMPARATIVE LEGAL METHODOLOGIES: A CRITICAL GLANCE 5. The Functional Method James Gordley 6. How to do Projects with Comparative Law: Notes of an Expedition to the Common Core Günter Frankenberg 7. Descriptive and Purposive Categories of Comparative Law Sebastian McEvoy PART III: LEGAL TRANSPLANTS AND TRANSNATIONAL CODES: QUESTIONING ON CULTURAL BIASES AND SCIENTIFIC STATEMENTS 8. All that Heaven Allows: Are Transnational Codes a ‘Scientific Truth’ or Are They Just a Form of Elegant ‘Pastiche’? Geoffrey Samuel 9. Contextualizing Legal Transplant: China and Hong Kong Chen Lei PART IV: SPACE, BOUNDARIES AND JURISDICTIONS: THE CHOREOGRAPHIC SPECTRALITY OF LAW 10. Interstitium and Non-law Peter Goodrich 11. The Iconicity of Space: Comparative Law and the Geopolitics of Jurisdictions Cristina Costantini PART V: LEGAL NARRATIVES, JUDICIAL INTERPRETATIONS AND SUBVERSIVE PARADIGMS 12. The Resilience of History: Comparative Legal Theory and the End of the American Century Anthony Louis Marasco 13. Iudex Translator: The Reign of Finitude Jeanne Gaakeer 14. Further Terrains for Subversive Comparison: The Field of Global Governance and the Public/Private Divide Horatia Muir Watt PART VI: POLITICAL ECONOMIES AND THE INNER POLICIES OF LAW: TOWARDS A ‘COMPARATIVE LAW AND ECONOMICS’ ASSESSMENT 15. Towards the Economics of Comparative Law: The Doing Business Debate Antonio Nicita and Simona Benedettini 16. Quantitative Methods in Comparative Law Francesco Parisi and Barbara Luppi Index

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Book Synopsis'To effectively combat corruption globally, the collection and dissemination of knowledge is crucial. This excellent book takes us a step forward in our collective efforts to better understand the causes and effects of corruption from an international perspective. Through its detailed analysis of the economic impact of corruption in a diverse range of countries, this publication provides us with a new resource to draw on in our future efforts to reduce corruption together worldwide.'- Dimitri Vlassis, United Nations Office on Drugs and Crime, Vienna, AustriaCorruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus.The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption.Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments and their domestic implementation and enforcement, and the monitoring mechanisms embedded by certain international organizations, demonstrates a clear relationship between realistic economic analysis and effective solutions to the economic and legal problems posed by corruption.Offering a comprehensive legal study of corruption and grounded in economic analysis, this detailed book will appeal to scholars and researchers in crime and corruption, international public organizations and anti-corruption agencies.Contents: Foreword Preface Introduction Part I: Economics, Finance, and Governance Section 1: Economics 1. Opening Remarks: Corruption and Economic Analysis 2. Firms, Markets, and Corruption 3. Corruption and Macroeconomic Performance Section 2: Finance 4. Financial Markets: Bonds, Stocks, and Politically-connected Firms 5. The Impact of Corruption in Shares Returns of Euro-area Listed Industrial Firms 6. Operational Efficiency, Corruption, and Political Stability in Microfinance Section 3: Governance 7. Governance, Corruption, and Effects on Institutions Part II: Birth and Evolution of an Anti-corruption Global Legal Standard Trans-national Corruption and Effective Regulation Section 4: Cases of Trans-national Corruption: Description and Legal Issues 8. How Corruption Affects the Economic and Institutional Textures of States: three case examples Section 5: Horizontal Assessment of the International Hard Law Instruments 9. The US FCPA as the Archetype of the Supra-national Anti-bribery Regulation 10. The Emergence of an International Framework: Regional, International, and Multilateral Treaties and Initiatives 11. Criminalization of the Offence 12. Sanctions and Corporate Liability 13. Jurisdictional Issues 14. Mutual Legal Assistance and Extradition 15. Preventive and Non-criminal Related Measures 16. Follow up Procedures as Specific Cases of International Supervision 17. Asset Recovery Afterword Bibliography IndexTrade Review'The volume offers a fascinating interdisciplinary analysis that examines the economics of corruption and assesses the strengths and weaknesses of the international regulatory framework. It mainly focuses on one particular aspect of corruption, the dynamics of bribery between the private and public sector, but it also deals with the private-to-private (commercial) corruption. . . . this book will be valuable for economists, lawyers, and policymakers since it allows them to grasp the nature of corruption as well as the strengths of the available international legal instruments and the gaps that should be addressed to improve those instruments to make them more effective.' --Journal of International Economic Law'Overall, this book constitutes a fundamental research tool for all lawyers or political scientists interested in exploring the roots of corruption and in understanding the deep institutional and regulatory problems faced by policymakers in eliminating it. I am glad to have read it.' --Dr Federico Lupo-Pasini, Global Trade and Customs Journal'This book positively stands out from the mass of literature on corruption because of its in-depth treatment of themes which are relevant for business. It contains very detailed analysis and it is soundly rooted in extensive scientific research. The bibliography alone is 64 pages. Even those who have been researching corruption for many years will find in this book new ideas and new approaches.' --Olaf Meyer, Crime Law and Social ChangeTable of ContentsContents: Foreword Preface Introduction Part I: Economics, Finance, and Governance Section 1: Economics 1. Opening Remarks: Corruption and Economic Analysis 2. Firms, Markets, and Corruption 3. Corruption and Macroeconomic Performance Section 2: Finance 4. Financial Markets: Bonds, Stocks, and Politically-connected Firms 5. The Impact of Corruption in Shares’ Returns of Euro-area Listed Industrial Firms 6. Operational Efficiency, Corruption, and Political Stability in Microfinance Section 3: Governance 7. Governance, Corruption, and Effects on Institutions Part II: Birth and Evolution of an Anti-corruption Global Legal Standard Trans-national Corruption and Effective Regulation Section 4: Cases of Trans-national Corruption: Description and Legal Issues 8. How Corruption Affects the Economic and Institutional Textures of States: three case examples Section 5: Horizontal Assessment of the International Hard Law Instruments 9. The US FCPA as the Archetype of the Supra-national Anti-bribery Regulation 10. The Emergence of an International Framework: Regional, International, and Multilateral Treaties and Initiatives 11. Criminalization of the Offence 12. Sanctions and Corporate Liability 13. Jurisdictional Issues 14. Mutual Legal Assistance and Extradition 15. Preventive and Non-criminal Related Measures 16. Follow up Procedures as Specific Cases of International Supervision 17. Asset Recovery Afterword Bibliography Index

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Book SynopsisComparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. The general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume. Contributors: M. Adler, N. Brewer, D.S. Clark, R. Cotterrell, B.L. Cutler, T. Ginsburg, M. Goodale, C. Guarnieri, R. Horry, B. Luppi, S.C. McCaffrey, E. Mertz, D. Nelken, F. Pakes, M.A. Palmer, F. Parisi, J.T. Polk, J.C. Reitz, R.E. Salcido, S. Stendahl, J.C. Suk, G.A. Tarr, S.C. Thaman, K. van Aeken, H.J. WiardaTable of ContentsContents: Preface 1. History of Comparative Law and Society David S. Clark PART I: METHODS AND DISCIPLINES 2. Comparative Sociology of Law Roger Cotterrell 3. Comparative Criminology Francis Pakes 4. Comparative Anthropology of Law Elizabeth Mertz and Mark Goodale 5. Comparative Law and Economics: Accounting for Social Norms Francesco Parisi and Barbara Luppi 6. Comparative Law and Political Economy John C. Reitz 7. Comparative Legal Psychology: Eyewitness Identification Ruth Horry, Matthew A. Palmer, Neil Brewer and Brian L. Cutler PART II: CORE ISSUES 8. Separation of Legislative and Executive Governmental Powers Howard J. Wiarda and Jonathan T. Polk 9. Federalism and Subnational Legal Systems: The Canadian Example of Provincial Constitutionalism G. Alan Tarr 10. Judges, their Careers, and Independence Carlo Guarnieri 11. Civil Court Litigation and Alternative Dispute Resolution Koen van Aeken 12. Criminal Courts and Procedure Stephen C. Thaman 13. Administrative Law, Agencies and Redress Mechanisms in the United Kingdom and Sweden Michael Adler and Sara Stendahl 14. Constitutional Law and Courts Tom Ginsburg 15. Legal Cultures David Nelken 16. Legal Education David S. Clark 17. Legal Professions and Law Firms David S. Clark 18. Legal Protection of the Environment Stephen C. McCaffrey and Rachael E. Salcido 19. Preventive Health at Work Julie C. Suk Index

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Book SynopsisContaining newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries' legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners. Contributors: M. Abe, D. Bradley, W. Bull, W.E. Butler, R. Caterina, M. Claes, H. Cousy, E. Dacoronia, G.-R. de Groot, M.J. de Waal, H. Dedek, M. Deturbide, R. Dotevall, J.E. du Plessis, M.G. Faure, B. Fauvarque-Cosson, J. Fedtke, F. Ferrari, A. Fournier, J. Fu, D. Geradin, H.P. Glenn, M. Gondek, J. Gordley, J. Hage, B. Havel, J.H. Herbots, V. Heutger, G. Howells, E.J. Hughes, M. Hunter-Henin, J. Husa, N. Jansen, M.T. Kamminga, A.J. Kanning, S.M. Kroll, P. Letto-Vanamo, S.D. Lindenbergh, G. Lubbe, B. Lurger, L. Macgregor, H.L. MacQueen, U. Magnus, K. Mayer, R. Michaels, J.M. Milo, H. Muir Watt, J. Neethling, H.P. Nehl, D. Nelken, L. Nottage, C. O'Cinneide, A.E. Orucu, V.V. Palmer, F. Pennings, P. Pichonnaz, B. Pozzo, L. Rademacher, G. Samuel, M.J. Schermaier, M. Schmidt-Kessel, E. Schrage, G. Shalev, L. Slepaite, D. Smith, J.M. Smits, Z.D. Tarman, V. Thuronyi, M. Torsello, J.H.M. van Erp, N. Van Leuven, C.H. van Rhee, L. van Vliet, A. Vaquer, R. Verhagen, R. Verkerk, D. Visser, S. Vogenauer, M. Vranken, S. Weatherill, T. Weigend, B. Wessels, C.A. Williams, J. Ziller, P. ZumbansenTrade ReviewAcclaim for the first edition: This is a very important and immense book . . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar's. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library. --Sally Ramage, The Criminal LawyerThis encyclopedia will serve as a reliable reference source that will benefit reference collections in various types of libraries: public, academic, general law and academic law. --Danielle Colbert-Lewis, Reference ReviewsTable of ContentsContents: Preface 1. Accident Compensation Michael G. Faure 2. Administrative Law Hanns Peter Nehl 3. Agency and Representation Hendrik Verhagen and Laura Macgregor 4. The Aims of Comparative Law H. Patrick Glenn 5. American Law (United States) Ralf Michaels 6. Arbitration Stefan M. Kröll 7. Assignment Brigitta Lurger 8. Australia Martin Vranken 9. Belgium Nathalie Van Leuven 10. Canada Michael Deturbide and Elizabeth J. Hughes 11. China Junwei Fu 12. Civil Procedure C.H. (Remco) van Rhee and Remme Verkerk 13. Commercial Regulation Luke Nottage 14. Common Law Geoffrey Samuel 15. Comparative Law and Economics Raffaele Caterina 16. Competition Law Damien Geradin 17. Consideration James Gordley 18. Constitutional Law Monica Claes 19. Consumer Protection Stephen Weatherill 20. Coordination of Legal Systems Arnald J. Kanning 21. Corporate Responsibility Cynthia A. Williams 22. Criminal Law and Criminal Procedure Thomas Weigend 23. The Czech Republic Bohumil Havel 24. Damages (in tort) Siewert D. Lindenbergh 25. England and Wales Damian Smith and William Bull 26. European Civil Code Nils Jansen and Lukas Rademacher 27. Family Law David Bradley 28. Finland Pia Letto-Vanamo 29. France Bénédicte Fauvarque-Cosson and Alice Fournier 30. German Law Helge Dedek and Martin J. Schermaier 31. Greece Eugenia Dacoronia 32. Human Rights Law Menno T. Kamminga 33. Insolvency Law Bob Wessels 34. Insurance Law Herman Cousy 35. Interpretation of Contracts Jacques H. Herbots 36. Israel Gabriela Shalev 37. Italy Barbara Pozzo 38. Japanese Law Masaki Abe and Luke Nottage 39. Legal Culture David Nelken 40. Legal Families Jaakko Husa 41. Legal History and Comparative Law Viola Heutger and Eltjo Schrage 42. Legal Reasoning Jaap Hage 43. Legal Translation Gerard-René de Groot 44. Legal Transplants Jörg Fedtke 45. Lithuania Laura Šlepaitė 46. Methodology of Comparative Law A. Esin Örücü 47. Mistake Gerhard Lubbe 48. Mixed Jurisdictions Vernon Valentine Palmer 49. Nationality Law Gerard-René de Groot 50. The Netherlands Jan M. Smits 51. Offer and Acceptance Inter Absentes Franco Ferrari 52. Personal and Real Security J.H.M. (Sjef) van Erp 53. Personality Rights Johann Neethling 54. Poland Michał Gondek 55. Privacy Colm O’Cinneide, Myriam Hunter-Henin and Jörg Fedtke 56. Private International Law Horatia Muir Watt 57. Product Liability Geraint Howells 58. Property and Real Rights J. Michael Milo 59. Public Law Jacques Ziller 60. Remedies for Breach of Contract Marco Torsello 61. Russian Law William E. Butler 62. Scots Law Hector L. MacQueen 63. Social Security Frans Pennings 64. South Africa Jacques E. du Plessis 65. Spain Antoni Vaquer 66. Statutory Interpretation Stefan Vogenauer 67. Supervening Events and Force Majeure Martin Schmidt-Kessel and Katrin Mayer 68. Sweden Rolf Dotevall 69. Switzerland Pascal Pichonnaz 70. Tax Law Victor Thuronyi 71. Tort Law in General Ulrich Magnus 72. Transfer of Movable Property Lars van Vliet 73. Transnational Law, Evolving Peer Zumbansen 74. Trust Law Marius J. de Waal 75. Turkey Z. Derya Tarman 76. Unjustified Enrichment Daniel Visser Index

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Book SynopsisComparative Competition Law examines the key global issues facing competition law and policy. This volume's specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement - such as the regulator's powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.Contributors include: R. Burgess, E. Buttigieg, M.A. Carrier, L. Cejnar, J. Clarke, D.A. Crane, A. Ditzel Faraco, A. Duke, J. Duns, G.A. Hay, K. Klovers, A. Merrett, N.H. Nesbitt, G.C. Shaffer, T. Shiraishi, R.L. Smith, A. Speegle, B. Sweeney, J. Tapia, S. Vande Walle, S.W. Waller, W. ZhengTrade Review’Ultimately, the key to this book's success is the editors' ability to mobilise a remarkable group of authors with affiliation to various institutions and professions from different countries. It most certainly fills the gap in the literature with its insightful analysis of the numerous competition law concerns in a wide selection of countries, including developing jurisdictions.' -- European Competition Law Review'Comparative Competition Law provides a welcome scholarly examination of the key global issues that impact the way law and policy operate, as the proliferation of anti-trust regimes over the past 25 years has led to a global recognition of competition law.' -- Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, UK'It is impossible to be a competition law practitioner without an understanding of competition regulation in the world's leading economies. It is equally impossible to practice in the area without a detailed understanding of economics. This collection of essays by leading internationally acclaimed academics and practitioners makes an important contribution to both areas. There are excellent chapters that explain the key areas of economic theory, as well as informative chapters on international trends. This collection will prove to be an indispensable addition to the library of any serious competition lawyer.' -- The Hon Ray Finkelstein QC, former President of the Australian Competition Tribunal, former Judge of the Federal Court of AustraliaTable of ContentsContents: PART I INTRODUCTION AND OVERVIEW 1. Themes John Duns, Arlen Duke and Brendan Sweeney 2. The Globalization of Competition Law: Yes or No?: Leela Cejnar and Rachel Burgess PART II THE SUBSTANTIVE LAW 3. Defining and Proving Markets and Market Power Rhonda L. Smith 4. Anti-Competitive Agreements: The Meaning of ‘Agreement’ George A. Hay 5. Anti-Competitive Agreements: The Range of Conduct Caught John Duns 6. Understanding Market Power Alexandra Merrett 7. Antitrust Treatment of Intellectual Property Rights Michael A. Carrier 8. Current Issues in Merger Law Julie Clarke 9. Vertical Conduct: Non-Price Restraints John Duns 10. Vertical Conduct: Resale Price Maintenance Eugène Buttigieg PART III ENFORCEMENT AND SANCTIONS 11. Public Enforcement Arlen Duke 12. Criminalizing Cartels: A Global Trend? Gregory C. Shaffer, Nathaniel H. Nesbitt and Spencer Weber Waller 13. International Governance of Competition and the Problem of Extraterritorial Jurisdiction Brendan Sweeney 14 Private Antitrust Enforcement: Comparative and Policy Considerations Daniel A. Crane, Keith Klovers and Adam Speegle PART IV COMPETITION LAW IN SELECTED JURISDICTIONS 15. Competition Law in Japan Simon Vande Walle and Tadashi Shiraishi 16. Competition Law in China Wentong Zheng 17. Latin American Antitrust Law and Policy – An Overview of Three Jurisdictions: Brazil, Chile and Colombia Javier Tapia and Alexandre Ditzel Faraco Index

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Book SynopsisThis comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.Contributors include: G. Bellantuono, B.H. Bix, D. Carpi, C.L. Cordasco, C. Costantini, S. Fiorato, J. Gordley, M. Granieri, A. Hutchison, M.R. Marella, G. Marini, P.G. Monateri, F. Monceri, P. Moreno Cruz, H. Muir Watt, F. Parisi, P. Pardolesi, G. SamuelTrade Review'This is a cracking collection of essays, emphasising that comparative law is not simply a matter of comparing jurisdictions, but of tracing history and crossing disciplines too. Comparative Contract Law has something for everybody; the legal theorist, the legal historian, the literary jurist, the international lawyer and the common law contract lawyer. Professor Monateri and his contributors have done the discipline of critical comparative law proud. An essential read for anyone interested in exploring the intellectual parameters of contract law, past and present.' --Ian Ward, Newcastle University, UK'Comparative Contract Law redefines approaches to comparative law by incorporating what might be called ''internal comparative law'', while also exploring transnational law, party autonomy, and the legal environment beyond states and their diverse legal systems. The book is also innovative given its inclusion of comparative studies in law and economics and law and literature, which shows that disciplines that are usually considered to be ''external'' to law are indeed relevant for the assessment and for the reform of law.' --Sebastian McEvoy, University of Paris Ouest Nanterre La Defense, FranceTable of ContentsContents: Introduction PART I CONTRACT LAW: THEORIES AND GENEALOGIES 1. Theories of Contract Law Brian H. Bix 2. In Defense of Roman Contract Law James Gordley 3. The Authoritarian Theory of Contract Pier Giuseppe Monateri 4. Contract and the Comparatist: Should We Think About Contract in Terms of ‘Contracticles’? Geoffrey Samuel 5. Critical Comparative Contract Law Giovanni Marini 6. Contract Law and Regulation Giuseppe Bellantuono PART II MARKET VALUES AND THEIR CRITIQUES. PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS 7. Enforcing Bilateral Promises: A Comparative Law and Economics Perspective Francesco Parisi, Marta Cenini and Barbara Luppi 8. Spontaneous Order and Freedom of Contract Carlo Ludovico Cordasco 9. “Party Autonomy” Horatia Muir Watt 10. Who is the Contracting Party? A Trip Around the Transformation of the Legal Subject Maria Rosaria Marella 11. Freedom of Contract and Constitutional Values: Some Exceptional Cases from the Colombian Constitutional Court Pablo Moreno Cruz PART III REPRESENTATIONS AND NARRATIVES 12. The Unburiable Contract. Grant Gilmore’s Discontinuous Parabola and the Literary Construction of American Legal Style Cristina Costantini 13. Queering the Contractual Paradigm between Law and Political Theory Flavia Monceri 14. Contracts in Literature: from Doctor Faustus to Vampires Daniela Carpi 15. Women and contracts in Angela Carter’s Postmodern Revision of the Fairy Tale Sidia Fiorato PART IV GLOBAL CONTEXT AND LOCAL FRAMES 16. The Wrecking Ball. Good Faith, Preemption and US Exceptionalism Peter Goodrich 17. Technological Contracts Massimiliano Granieri 18. Contractual Interpretation: The South African Blend Of Common, Civil And Indigenous Law In Comparative Perspective Andrew Hutchison 19. Promissory Estoppel Paolo Pardolesi 20. Party Autonomy in Global Context: An International Laywer’s Take on the Political Economy of a Self-constituting Regime. Horatia Muir Watt 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 Synopsis'A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws.'- A.J. Brown, Griffith University and Transparency International Australia'Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years.'- Richard Moberly, University of Nebraska College of LawDrawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures.The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century.This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.Contents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues - New Controversies IndexTrade ReviewThe Successes and Failures of Whistleblower Laws is carefully argued and comprehensively referenced. It is the work of a lawyer in its attention to detail and precedent, but it accessible to non-lawyers who are willing to put in the effort. It is a long book, and most impressive in it exposition of arguments and evidence for and against various facets of whistleblower legislation. Anyone who puts in significant effort promoting whistleblower laws - for example, writing to or talking with politicians - can benefit from studying relevant parts of the book. --Brian Martin, The WhistleIf you're a lawyer, academic, student, or someone who is fascinated by this continuingly fascinating subject, you should enjoy this book. It covers all pertinent aspects of whistleblower laws from various perspectives, societal as well as legal and includes actual stories of whistleblowers... Exciting, topical, as well as precisely analytical, this book examines a vast range of incidents and issues related to whistleblowing. It will appeal not just to practitioners and other professionals, but to a wider public internationally... It may well be destined to become a classic. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineVaughn provides a first-rate account of decades of successes and failures. There is nothing else like it. --James McRitchie, Corporate GovernanceTable of ContentsContents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues —New Controversies Index

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Book SynopsisComparative Contract Law and Economics provides a deeper understanding of the similarities and differences between the legal systems of France, England, the US and Germany in terms of contract law. The application of the economically inspired optimal model rule as a uniform term of comparison provides valuable insights into the pre-contractual duties of disclosure, the phenomena of unforeseen contingencies and the unilateral termination of contracts. The objective evaluation method enriches traditional comparative contract law by enabling further qualitative assessment. The book offers ample opportunities for further research and for 'better' law making, legislation and jurisprudence. Moreover, it enables comparative contract law to offer clear-cut, objective recommendations on the possible improvements of legal rules or decisions. This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume.Contents: 1. Introduction 2. Pre-contractual Duty to Disclose Information 3. Unforeseen Contingencies 4. Unilateral Termination 5. Summary and Conclusions References IndexTrade ReviewThis monograph sets a model for what good comparative law and economics scholarship should look like. Solid legal thinking is coupled with sound and accessible economic analysis, with attention to real life legal problems. --Francesco Parisi, University of Minnesota, US and University of Bologna, ItalyThis excellent book shows that comparing legal rules from an economic point of view is extremely valuable for legal scholarship. Comparative Contract Law and Economics allows for a better understanding of contract law and offers opportunities for better law-making. --Ann-Sophie Vandenberghe, Erasmus University Rotterdam, The NetherlandsMitja Kovac is one of the frontrunners in the newest generation of comparative law scholarship - one that does not stay at the surface but digs deeply into economics, both to better explain the differences among legal systems and to show that these differences often do not exist. --Gerrit De Geest, Washington University, School of LawTable of ContentsContents: 1. Introduction 2. Pre-contractual Duty to Disclose Information 3. Unforeseen Contingencies 4. Unilateral Termination 5. Summary and Conclusions Index

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Book SynopsisThis book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted ‘as such’ for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator – targeted characteristics such as gender, ethnicity, religion etc.Table of Contents1 Introduction.- 2 International Atrocity Crimes Targeting Children and Lacunae in Charging Under International Criminal Law.- 3 Age-Based Persecution Targeting Children.- 4 The Persecution of Children in Connection with Genocide.- 5 The Persecution of Children ‘In Connection With’ Crimes Against Humanity.- 6 The Persecution of Children ‘In Connection With’ War Crimes: Selected Exemplars.- 7 Concluding Remarks: The Persecution of Children as a Rome Statute Prosecutable Crime Against Humanity.

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Book SynopsisThis book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.Table of ContentsPart I General Report.- Legal Aspects of Cruises – General Report.- Part II National Reports – Europe.- Belgium: Legal Aspects of cruises from a Belgian perspective.- Bulgarie : Aspects légaux des croisières en Bulgarie.- Germany: Legal Aspects of Cruises from a German Perspective.- Poland : Legal Aspects of Cruises in Poland.- Romania: Legal Aspects of Cruises in Romania.- Spain: Legal Aspects of Cruises in Spain.- Part III. National Reports – North and South America.- Argentina: Legal Aspects of Cruises in Argentina.- Brazil: Legal Aspects of Cruises in Brazil.- USA: U.S. Perspective on the Legal Aspects of Cruises.- Uruguay: Legal Aspects of Cruises in Uruguay.- Part IV. National Reports – Asia and Euro-Asia.- Japan: Legal Aspects of Cruises in Japan.- Turkey: Legal Aspects of Cruises in Turkey.- Annex: Questionnaire on Legal Aspects of Cruises – Questionnaire sur les aspects légaux des croisières.

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Book SynopsisThis book offers a comparative review of the ultra vires doctrine in corporate law. Divided into three main sections, it first provides a brief overview of the historical background and the scope of the ultra vires doctrine. It then analyses the essential features of the doctrine in the common law and civil law traditions across the Western world. Lastly, the book examines the objects clause, procedural aspects, and the mechanism of ratification of such ultra vires acts. The book's comparative approach and global contextualization of the subject matter will be of interest to readers from around the globe, familiarizing them with legal provisions, case law, and recent literature. Although it is primarily intended for scholars in the area of corporate law, it is also a valuable resource for professionals in the field of commercial law who deal with issues related to the capacity of firms and the powers of their directors.Table of ContentsChapter 1. Introduction.- Chapter 2. Conceptual presentation of the ultra vires doctrine.- Chapter 3. The ultra vires doctrine in common law.- Chapter 4. The ultra vires doctrine in European civil law.- Chapter 5. The ultra vires doctrine in Latin America.- Chapter 6. The objects clause and the ultra vires doctrine.- Chapter 7. Legal procedure to reject ultra vires acts.- Chapter 8. Ratification of ultra vires acts.- Chapter 9. Conclusion.

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Book SynopsisHow we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law.The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice.This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.Table of ContentsIntroduction.- Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process.- Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process.​- Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters.- The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America.- Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs.- Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems.- A methodology to study two regional human rights protection systems.- The Inter-American Court of Human Rights case law on due process over civil matters.- The European Court of Human Rights case law on due process over civil or non-criminal matters.- A brief comparison between both regional systems.- Part IV. Procedural Due Process in the American Legal System.- Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights.- The path of procedural due process into the American Constitution. Scope of application.- Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands.- Why civil and criminal procedures require different theories on procedural due process.- .The right to a court as a key to understanding the right to a fair trial in civil matters.- A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile.- Conclusions.

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Book SynopsisChapter 1: General Introduction.- Chapter 2: Artificial Intelligence (AI) and International Arbitration.- Chapter 3: Artificial Intelligence in Law.- Chapter 4: The role of AI in Alternative Dispute Resolution (ADR), the Practice of Law and International Arbitration.- Chapter 5: Epilogue.

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Book SynopsisThis casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analysed from the children’s human rights perspective and the question is examined as to what extent the aforementioned courts are according these children justice. The scope of the book is thus limited to the consideration of these representative important cases concerning violations of (a) international human rights and humanitarian law and (b) international criminal law involving child victims and the judicial remedies accorded or denied these victims and their family members. This is not in any way to diminish the suffering and importance of the adult victims of violations of fundamental human rights and grave international crimes. Rather, the book is intended to deal with the restricted and largely neglected topic of to what extent international courts are attending to the implications of there being child victims with respect to the courts’ addressing and handling of, among other matters, the following: (a) the con?rmation of charges relating to child-speci?c international crimes (i. e. recruitment of child soldiers, forced child marriage etc.Table of ContentsAn Introduction to the Organizational Structure, Enabling Statutes or Conventions, Case Processing Procedure, and Jurisdiction of the International Courts.- The Inter-American Human Rights System.- European International Human Rights Court System.- The International Ad Hoc Criminal Courts of Rwanda and the Territory of the Former Yugoslavia.- The Special Court of Sierra Leone.- The International Criminal Court.- The International Human Rights Courts.- Inter-American Court of Human Rights.- European Court of Human Rights.- The International Ad Hoc Criminal Courts.- International Criminal Tribunal for Rwanda.- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia Since 1991.- The International Hybrid Criminal Courts.- The Special Court for Sierra Leona.- The Special Court for Sierra Leona.- The International Criminal Court (The Hague).- Case 9: The Prosecutor v. Thomas Lubanga Dyilo (Democratic Republic of the Congo).

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Book SynopsisDieses Buch befasst sich mit dem Konflikt, dem Unternehmen im amerikanischen Zivilprozess ausgesetzt sind, wenn sie während der Discovery dem BDSG unterfallende personenbezogene Daten vorlegen müssen. Die Autorin verdeutlicht, dass sich der seit den 1980er Jahren bestehende transatlantische Justizkonflikt dabei in verstärkter Form zeigt, da nicht nur die unterschiedlichen Vorstellungen Deutschlands und der USA bei der Sachverhaltsaufklärung im Zivilprozess, sondern auch im Datenschutz aufeinandertreffen. Personenbezogene Daten dürfen nur dann in die USA übermittelt werden, wenn die verantwortliche Stelle ausreichende Garantien für das Persönlichkeitsrecht der Betroffenen im Sinne von § 4c Abs. 2 Satz 1 BDSG herstellt. Dies ist lediglich durch die Vereinbarung von Vertragsklauseln zwischen der verantwortlichen Stelle, ihren Anwälten und den Anwälten der Gegenseite möglich. Die Autorin unterbreitet deshalb konkrete Formulierungsvorschläge für solche Vertragsklauseln.Table of ContentsUrsachen und Hintergründe des Konflikts.- Datenverarbeitung im amerikanischen Zivilprozess.- Datenschutz durch eine Protective Order.- Wege der amerikanischen Gerichte zur Konfliktlösung.

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Book SynopsisThis book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.Table of ContentsPart I Comparative Law: General Themes1 The Limits and Challenges of Comparativism Esin Örücü2 The Curious Case of Overfitting Legal TransplantsMathias SiemsPart II Private Law3 The Concept of Arbitral Award under the New York Convention: A Comparative Study of English, French and Indian ApproachesRajesh Kapoor4 A comparative assessment of the legal framework on cross-border consumer disputesWilliams C. Iheme5 Sustainable Development Component in Model BITs - A Comparative AnalysisRubanya NandaPart III Public Law: Constitutional Law6 Proportionality – A Balancing Act for Achieving Constitutional Rights (A Comparative Study)Justice A.K. Sikri7 Authoritarian Constitutions: Audience and Purposes Günter Frankenberg8 Understanding the Contour and Context of the Rechtsstaat: A German ConceptMarkus Kotzur9 Does Authoritarian Legality Work for China?Qianfan Zhang10 Durham, Dyarchy, and Difference: India’s Constitutional DevelopmentKamala Sankaran11 Relevance and Significance of Constituent Assembly Debates in Constitutional Interpretation: A Comparative Analysis with Reference to AmendmentsIshwara BhatPart IV Public Law: Human Rights12 The Regulation and Governance of Online Hate Speech in the Post-Truth Era: A European Comparative Perspective Kyriaki Topidi13 Essential Religious Practices Test & The First Amendment: A Comparative Analysis of the Free Exercise of Religion in India and the United StatesArvind Kurian Abraham14 Public Interest Litigation and Grievance Redressal: Combining “Macromanagement” and “Micromanagement” for Effective Socio-Economic Rights AdjudicationFlorian Matthey-Prakash15 Another Perspective to Read the Picture of Lawyering for Change in ChinaWenjuan Zhang16 “A Call for Order”: Intra-Disciplinary Challenges and ‘Comparative Environmental Law’ Akhilendra Pratap Singh

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Book SynopsisThis book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.Table of Contents1. Introduction Original Chapter 1 Prof Julien Chaisse (CityU HK), Dr Jędrzej Górski (CityU HK), Dr Dini Sejko (HKUST) PART I – THE REGULATORY FRAMEWORK OF STATE CAPITALISM: LAWS, TREATIES, AND CONTRACTS 2. The Latest Regulatory Regime of SOEs under International Trade and Investment Treaties Dr WU Yingying Daisy (China University of Political Science and Law), wyyfada@163.com 3. Working title: Global liberalization of PPPs TDM 1 Dr Jędrzej Górski (CityU HK) 4. Current Chinese corporate governance reform on state-owned enterprises and its impacts on their overseas investment HU Shixue (SJD cand. Yale Law School) shixue.hu@yale.edu 5. Legal issues of “Going Global”: the Chinese Public-Partnership model in transnational perspective Gianmatteo Sabatino (PhD cand. University of Trento) sabatinogianmatteo@gmail.com 6. Elephant in the room: On the Notions of SCEs in International Investment Law and International Economic Law CHAN Kai Kai-Chieh (PhD cand. Paris II) Kai-Chieh.Chan@etudiants.u-paris2.fr 7. The Need to Update Securities Regulation in an Era of Hegemonic Rivalry Prof Joel Slawotsky (Radzymer Law School) adonjoel@msn.com 8. The treatment of Chinese SOEs under EU competition law: seeking truth from existing decisions Dr Alessandro Spano (King’s College London) PART II – ECONOMIC AND INSTITUTIONAL EXPANSION OF STATE CAPITALISM 9. “Beyond Wealth: Sovereign Funds, Levered Capital, and the Agenda for Sustainable Development”. Prof Patrick J. Schena (Tufts, Fletcher School) Patrick.Schena@tufts.edu 10. Planning “beside” and “beyond” the state: corporations’ and sovereign wealth funds’ planning strategies Gianmatteo Sabatino (University of Trento) 11. Working title: ‘privatizations of State-owned companies at EU level.’ Thomas Papadopoulos (University of Cyprus) papadopoulos.thomas@ucy.ac.cy 12. The Public Value Creation of State-owned Enterprises Dr Usman W. Chohan (UNSW Canberra) uchohan2@gmail.com 13. Working title Cross border financing of Political parties and role of SCEs Dr Francesco Galietti (Sonar Policy) galietti@policysonar.com 14. China’s Technology Import Substitution Policy: The Role of China’s State Controlled Entities with U.S. Investments Andrew Szamosszegi Aszamosszegi@captrade.com 15. Wealth Funds and Public Value Theory Dr Usman W. Chohan (UNSW Canberra) uchohan2@gmail.com PART III – THE ACCOUNTABILITY OF STATE CAPITALISM: EXPLORING THE FORMS OF LIABILITIES 16.Direct and Indirect State liability for actions of a state-owned enterprise Prof Larry Catá Backer (Penn State) lcb911@me.com 17. Working Title ‘Social Responsibility’ in the Governance of Chinese State-Owned Enterprises Dr Flora Sapio (Universita degli Studi di Napoli "L'Orientale") sapio75@gmail.com 18. National Security Review for Foreign Investments in China: A Transnational Approach Dr MA Ji (Peking School of Transnational Law) maji@sz.pku.edu.cn 19. Investment screening: Controlling investments from State Controlled Enterprises Andrés Eduardo Alvarado Garzón (Saarland Universit) andres_alvg@hotmail.com 20. Political Support, Competitive Advantage, and International Investment Screening of SOEs/SCEs Peter Enderwick (Auckland University of Technology) peter.enderwick@aut.ac.nz 21. The end of European naivety: Difficult times ahead for SCEs/SOEs investing in the European Union Ondřej Svoboda (Ministry of Industry and Trade of the Czechia) ondrej.svobod@gmail.com PART IV – REGIONAL AND COUNTRY PERSPECTIVES 22. Vietnam's reform of state-owned entities: domestic and external drivers Dr Dini Sejko (HKUST), HOANG Viet (Ho Chi Min City University of Law) 23. How to handle state-owned enterprises in EU-China investment talks Prof Alicia García-Herrero (HKUST) alicia@ust.hk, Prof XU Jianwei (Bruegel) jianwei.xu@bruegel.org 24. State-Owned and Influenced Enterprises and the Evolution of Canada’s Foreign Direct Investment Regime Geoffrey Hale University of Lethbridge geoffrey.hale@uleth.ca 25. Fintech regulation and its impact on state-owned companies in Europe Dr Gianni Lo Schiavo (European Central Bank) gianni.loschiavo@kcl.ac.uk 26. Chinese State-Owned Enterprises in Africa: Always a Black-and-White Role? Dr YIN Wei (Southwest University of Political Science) weiyin77@gmail.com; yinwei1314@126.com ZHANG Anran (Erasmus University Rotterdam) a.zhang@law.eur.nl 27. The evolution of procurement regulation in Chinese SOEs Prof. TU Xinquan (China Institute for WTO Studies, University of International Business and Economics) tuxinquan@126.com 28. Port and Rail Investments: Reform of Chinese Regulations, Paradigm Shift of Chinese State-Controlled Entities and Global Freedom of Investments Carlos K.C. Li (Chinese University of Hong Kong) klcarlos@hotmail.com 29. The Role of State-Owned Enterprises in the Development of China’s Polar Silk Road: The Evidences from Russia and Nordic Countries Vasily Erokhin (Harbin Engineering University) basilic@list.ru Gao Tianming Harbin Engineering University gtmmail@163.com

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Book SynopsisThis book studies an overarching question of the challenges faced by Chinese lawmakers, Chinese listed companies, Chinese companies’ external advisers, and securities regulators in dealing with Chinese cross-border listed companies’ continuous disclosure in Australia, and how can these challenges be addressed. Chinese listed companies are struggling to meet the continuous disclosure requirements while listing in Australia and have even been depicted as having poor corporate governance and transparency. Many get delisted from the securities market in Australia subsequently due to non-compliance in continuous disclosure or are straight rejected from listing because of continuous disclosure compliance concerns. This book cuts in from this angle and delves deep into the overarching question through the following four sub-questions: What are the theories and policies behind the continuous disclosure regimes in Australia and China and how have they been differently implemented in the securities markets in these two countries? What are the deficiencies, at the intracompany level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the limitations, from the perspective of external advisers’ efforts, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the difficulties, at the regulatory level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? In addressing these questions and putting forward corresponding reform proposals, this book takes not only legal but also historical, cultural, and political-economic factors into consideration.Table of ContentsIntroduction.- The evolution of and rationales for continuous disclosure requirements in Australia and China: Theoretical framework.- Application of continuous disclosure requirements: A comparative analysis of continuous disclosure provisions in Australia and China.- Continuous disclosure compliance management within Chinese listed companies: Deficiencies and enhancement proposals.- Role of external advisers in the continuous disclosure of Chinese listed companies: Limitations in the due diligence obligation and reform proposals.- Securities cross-border supervision in China: Difficulties and improvement proposals.- Conclusion.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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