Comparative law Books

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Book SynopsisJamais encore le Tribunal Rabbinique du Consistoire de Paris n'avait ouvert ses portes à un chercheur. Au terme de ses investigations, l'auteur est parvenu à constituer une photographie sociologique du divorce religieux au sein de la communauté juive française. Les dossiers mis à sa disposition lui ont permis de mettre au jour la spécificité du divorce juif et d'apporter des informations et des résultats inédits. Accessible au néophyte, cet ouvrage reprend les règles et principes fondamentaux qui régissent le mariage et le divorce dans la Bible et la législation post-biblique. Il aborde aussi l'évolution du statut juridique de la femme juive dans la littérature rabbinique du Moyen Age. Chemin faisant, l'auteur soulève le problème douloureux du déni de ge? auquel se trouvent confrontées les femmes (agunot). A travers la littérature rabbinique et la presse juive, il présente les différentes solutions préconisées par les rabbins de toutes obédiences, depuis l'institution du divorce civil en 1792. L'auteur interroge enfin les sources rabbiniques classiques, Maïmonide en particulier, qui sans équivoque s'insurge contre l'abus de pouvoir des époux récalcitrants au ge?.

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Book SynopsisIn March 2009, the Faculty of Law at Charles University in Prague, together with the University of Zurich, organized a seminar on Chinese legal culture. This title pays special attention to the question of Westernization, the role of globalization in the Chinese legal system, and the act of translating between Western and Asian legal systems.

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Book SynopsisThis collection offers an overview of the issues involved concerning the interface between human rights and intellectual property rights (IPRs). It makes clear that two schools of thought have developed. The first school maintains that human rights and IPRs are in fundamental conflict. Strong protection of IP is incompatible with human rights obligations. Thus, for resolving the conflict between the two, it is suggested that human rights should always prevail over IPRs. Whereas the second school of thought asserts that human rights and IPRs pursue the same aim; that is to define the appropriate scope of private monopoly power to create incentives for authors and inventors, while ensuring that the public has adequate access to the fruits of their efforts. Accordingly, they argue, human rights and IP are compatible. However, what is needed is to strike a balance between the provision of incentives to innovate and public access to products of that innovation. This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs. The discussion on the relationship of human rights and IPRs is an ongoing one; this volume makes a valuable contribution to the debate and will further stimulate the interest to explore and address these complex and challenging issues. This is the second volume in The Raoul Wallenberg Institute of Human Rights and Humanitarian Law ‘New Authors’ series, which contains the best theses from the human rights masters programmes in Lund and Venice.Table of ContentsMpazi Sinjela Introduction; MD. Mahboob Murshed Curbing Software Piracy in eCommerce: Compatibility with Human Rights: Challenges and Possible Solutions; Anna Dahlberg Are Stronger Intellectual Property Rights an Obstacle or a Condition for International Technology Transfer?; Begench Ashirov A Case Study of the Dual Citizenship Arrangement Between Russia and Turkmenistan; Björn Ley Patent Rights and Access to Medicines: Are Patents Really the Only Barrier for Good Health Care in Developing Countries? christine lagström The Disappeared Children of El Salvador – a Field Study of Truth, Justice and Reparation; Vincents Okechukwu Benjamin What Is the Role of Professional and Civil Society Organisations beyond International Legal Mechanisms of Implementing Human Rights Treaties? Esther Almeida Traditional Knowledge: An Analysis of the Current International Debate Applied to the Ecuadorian Amazon Context; Jeannette Mwangi TRIPS and Agricultural Biotechnology: Implications for the Right to Food in Africa; List of Contributors.

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Book SynopsisSince the beginning of the 20th century, various attempts have been made by legal scholars to draft a Civil Code in China. However, only since the 1980s, when the 'open-door' policy was implemented, has Chinese Civil law become the basis for the development of a socialist market economy. Since the adoption of Chinese contract law (1999), property Law (2007) and tort Law (2009) in recent years, the basic construction of a socialist civil law system has been formulated. For the completion of a systematic civil law structure, a Civil Code has now been further advocated by society. The Draft Civil Code, prepared by the Chinese Academy of Social Sciences headed by Liang Huixing, is the first Draft Civil Code since the establishment of the People's Republic of China. The English translation of this code aims to provide a source for western scholars to provide some knowledge on recent developments of Chinese civil law. Also available as a Hardback edition (978-90-04-19042-9).Table of ContentsSince the beginning of the 20th century, various attempts have been made by legal scholars to draft a Civil Code in China. However, only since the 1980s, when the 'open-door' policy was implemented, has Chinese Civil law become the basis for the development of a socialist market economy. Since the adoption of Chinese contract law (1999), property Law (2007) and tort Law (2009) in recent years, the basic construction of a socialist civil law system has been formulated. For the completion of a systematic civil law structure, a Civil Code has now been further advocated by society. The Draft Civil Code, prepared by the Chinese Academy of Social Sciences headed by Liang Huixing, is the first Draft Civil Code since the establishment of the People's Republic of China. The English translation of this code aims to provide a source for western scholars to provide some knowledge on recent developments of Chinese civil law.

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Book SynopsisThe creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.Trade Review"Shetreet and Forsyth’s collection makes a significant contribution to the comparative literature on judicial independence and is a worthy successor to the 1985 book. (...) Shetreet and Forsyth’s book is a tremendous resource for a wide audience of lawyers and scholars (...)." Lorne Neudorf, The Modern Law Review 2013, 76(1), 178–190.Table of ContentsTable of Contributors; Table of Cases; Table of Legislation; Preface - Prof. Shimon Shetreet Preface - Prof. Christopher Forsyth; Chapter 1 General Introduction Part 1 - The Significance of the Independence of the Judiciary Chapter 2 Prof. Shimon Shetreet Creating a Culture of Judicial Independence: The Practical Challenge and the Conceptual and Constitutional Infrastructure Chapter 3 Prof. Christopher Forsyth The Failure of Institutions: The South African Judicial Service Commission and the Hlophe Saga Chapter 4 Prof. Marcel Storme Independence of the Judiciary: The European Perspective Chapter 5 Prof. Neil Andrews A Fresh Start: The Four Pillars of Civil Justice Part 2 - The Judiciary and the Other branches of Government Chapter 6 Prof. Carlo Guarnieri and Prof. Daniela Piana Judicial Independence and the Rule of Law: Exploring the European Experience Chapter 7 Late Prof. Stephan Goldstein The Rule of Law vs. the Rule of Judges: a Brandesian Solution Chapter 8 Dato' Dr. Cyrus Das The Threats to Judicial Independence: Experiences from the Commonwealth Chapter 9 Prof. Hiram E. Chodosh Corruption and Judicial Independence Chapter 10 Prof. Wayne McCormack Judiciary, Military, and Harshness of Violence Chapter 11 Prof. Maimon Schwarzschild Common Law, Private Law, and Judicial Independence Part 3 - Judicial Independence in International Law and National Law Chapter 12 Prof. James Crawford and Mr. Joe McIntyre The Independence and Impartiality of the 'International Judiciary' Chapter 13 Prof. David Feldman The Independence of International Judges in National Courts: Lessons from Bosnia Herzegovina Chapter 14 Prof. Dr. Walter Rechberger The Impact of the ECHR Jurisprudence on the Austrian Practice in the Field of Judicial Independence Chapter 15 Adv. H.E. Markus Buechel The Independence of International Arbitrators Chapter 16 Prof. Yuval Shany Judicial Independence as an Indicator of International Court Effectiveness: A goal-based approach Chapter 17 Prof. Michael Bohlander Separation of Powers and the International Judiciary - A Vision of Institutional Judicial Independence in International Law Part 4 - Judicial Conduct and Judicial Accountability Chapter 18 The Hon. Prof. Irwin Cotler, M.P. The Supreme Court of Canada Appointment Process: Chronology, Context and Reform Chapter 19 Prof. Dr. hab. Fryderyk Zoll Appointment of Judges in Polish Law - A Question of the Legitimacy and of the Judicial Power Chapter 20 Justice Eliezer Rivlin The Judiciary and the Media Chapter 21 Daniela Cavallini Independence and Judicial Discipline: the Italian Code of Judicial Conduct. Chapter 22 Prof. Sir Louis Blom-Cooper, QCThe Age of Judicial Responsibility: the Retirement and Resignation of Appellate Court Judges Chapter 23 Prof. Anton Cooray Standards of Judicial Behavior and the Impact of Codes of Conduct Part 5 - Country Studies of Judicial Independence Chapter 24 Prof. Neil Andrews Judicial Independence: The British Experience Chapter 25 Prof. Chandra R. de Silva A Recent Challenge to Judicial Independence in Sri Lanka: The Issue of the Constitutional Challenge Chapter 26 Prof. Hoong Phun ('HP') Lee Challenges of Judicial Independence: An Australian Perspective Chapter 27 Prof. Avrom Sherr Shrinking Legal Aid, Unrepresented Litigants and Judicial Independence Chapter 28 Dr. Sophie Turrene The Northern Irish Judiciary in Times of Crisis: The Diplock Courts Chapter 29 Justice Tassaduq Hussain Jillani The Challenge of Judicial Independence and the Experience of Pakistan Chapter 30 Prof. Ada Pellegrini Grivoner The Relevance for Brazil of International Standards of Judicial Independence Chapter 31 Prof. Chandra R. de Silva The Role of Law in Society in Developing Countries Chapter 32 K. K. Venugopal The Supreme Court and Supremacy of the Judiciary in India Part 6 - International Standards in the Making Chapter 33 Prof. Shimon Shetreet The Mt. Scopus International Standards of Judicial Independence: The Innovative Concepts and the Formulation of a Consensus in a Legal Culture of Diversity Part 7 - Text of the International Standards of Judicial Independence Appendix I - Mount Scopus International Standards of Judicial Independence (2008); Appendix II - Draft Standards of the Mt. Scopus standards of Judicial Independence; Appendix III - IBA Code of Minimum Standards of Judicial Independence (1982); Appendix IV - UN Basic Principles on the Independence of the Judiciary (1985); Appendix V - Commonwealth (Latimer House) Principles on the Three Branches of Government (2003); Appendix VI - Tokyo Principles of the Independence of the Judiciary in the LAWASIA region (1982); Appendix VII - Universal Declaration on the Independence of Justice (Montreal 1983); Index.

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Book SynopsisIntroduction to Public Law is a historical and comparative introduction to public law. The book traces back the origins of the res publica to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.Table of ContentsIntroduction: Thinking About Public Law BOOK I: THE MONARCHICAL AGE Part A: The Continental Monarchies Chapter 1: The French Legacy Chapter 2: The German Legacy Part B: The English Monarchy Chapter 3: The Defeat of Absolutism Chapter 4: The Rule of Law BOOK II: THE REPUBLICAN AGE Part C: The American Model Chapter 5: Popular Sovereignty Chapter 6: Limited Power Part D: The French Model Chapter 7: National Sovereignty Chapter 8: State Power Conclusion

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Book SynopsisLike the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.Table of ContentsExcerpt of table of contents: Preface, Acknowledgements, Abbreviations; Introduction 1. The Transformation of Chinese Law and the Legal System in Context 2. Structure of the Present Study Chapter One: Legal Culture, State Orthodoxy and the Modernisation of Law 1. Introduction; 2. Legal Culture and Heritage; 3. The Beginning of Modernisation - The Wholesale Westernisation of Chinese Law; 4. The Continuing Reform under the KMT - The Modernisation of Chinese Law; 5. Concluding Remarks Chapter Two: Experience of Law in the PRC 1. Introduction; 2. The Pre-PRC Communist Experience of Law; 3. The Triumph of Ideology; 4. Legal Experience under Mao’s Leadership; 5. Legal Experience in Post-Mao China; 6. After Ideology - Between Westernisation and Modernisation of Chinese Law; 7. Concluding Remarks Chapter Three: Constitutional Law 1. Introduction; 2. A Brief Historical Review; 3. The Search for Socialist Solutions with Chinese Characteristics; 4. Constitutional Law in Present-day China; 5. Concluding Remarks Chapter Four: Legal Institutions and the Administration of Justice and Law 1. Introduction; 2. Legal Institutions in Context; 3. The People’s Courts; 4. The People’s Procuratorates; 5. The Legal Profession; 6. The Administration of Justice and Law; 7. Legal Education; 8. Concluding Remarks Chapter Five: Sources of Law and Law-Making 1. Introduction; 2. A Changing Constitutional Framework for Law-Making; 3. The Law on Law-Making; 4. Substantive Issues; 5. Procedural Issues; 6. Concluding Remarks Chapter Six: Administrative Law 1. Introduction; 2. Historical Development of Administrative Law in China; 3. Changing Conceptions of Administrative Law in Contemporary China; 4. Administrative Decision Making and Procedural Requirements; 5. Internal Review of Administrative Decisions; 6. Administrative Supervision; 7. Administrative Litigation; 8. Administrative Liability; 9. Concluding Remarks Chapter Seven:Criminal Law 1. Introduction; 2. The 1979 Criminal Law and Its Development; 3. General Principles; 4. Crime and Punishment; 5. Administrative Sanctions v. Criminal Punishments; 6. The Death Penalty; 7. Concluding Remarks Chapter Eight: Criminal Procedure Law 1. Introduction; 2. An Overview of the Major Deficiencies of the CPL; 3. Major Reforms in 1996 and 2012; 4. Other Developments; 5. Concluding Remarks Chapter Nine: Civil Law: Development and General Principles 1. Introduction; 2. Historical Heritage of Civil Law in China; 3. The Emergence of Modern Civil Law in the PRC; 4. An Abstract Conceptual Framework on Civil Matters; 5. Civil and Commercial Law Institutions; 6. Concluding Remarks Chapter Ten: Civil Law: Property 1. Introduction; 2. Property Rights in Traditional China and Modern Property Law under the KMT; 3. Socialist Concepts and Conceptions of Property Rights in the PRC; 4. The New Rights in rem; 5. Concluding Remarks Chapter Eleven: Civil Law: Family 1. Introduction; 2. An Overview of the Traditional Family and Society; 3. Historical Development of Family Law in Modern China; 4. The Contemporary Legal Framework on Family Matters; 5. The Law as an Instrument for and in Response to Social Change; 6. Concluding Remarks Chapter Twelve: Civil Law: Contracts 1. Introduction; 2. The Development of Contract Law in the PRC; 3. Present Legal Framework on Contracts; 4. General Principles of the Contract Law; 5. Concluding Remarks Chapter Thirteen: Civil Law: Torts 1. Introduction; 2. The Emergence of the 2009 Tort Liability Law ; 3. The Present Legal Framework on Tort Liability; 4. Tort Liability: Principles and Remedies; 5. The Missing Link and the Unresolved Issues; 6. Concluding Remarks Chapter Fourteen: Law on Business Entities 1. Introduction; 2. Business Entities in Transition; 3. Individual Sole Investment Enterprises (Sole Proprietorship) (Geren Duzi Qiye); 4. The Partnership Law; 5. Company Law; 6. Concluding Remarks Chapter Fifteen: Securities and Futures Law 1. Introduction; 2. Early Experiments and Their Politico-Economic Functions; 3. The Coming of Age of the Securities Market and Its Regulation; 4. Legal Framework; 5. Institutional Setting; 6. Issuing of Securities; 7. Trading of Securities; 8. Globalisation of the Chinese Securities Industry; 9. Futures; 10. Legal Liabilities for Violation Law; 11. Concluding Remarks Chapter Sixteen: Enterprise Bankruptcy Law 1. Introduction; 2. A Historical Review of Bankruptcy Law in China; 3. Current Legal Framework on Bankruptcy; 4. Breakthrough, Compromise & Limitations; 5. Concluding Remarks Chapter Seventeen: Intellectual Property Law 1. Introduction; 2. Rapid Development of the IP Market and Legal Framework on Protection; 3. Trademarks; 4. Patents; 5. Copyright; 6. Competition Law & Commercial Secrets; 7. Implementation and Enforcement Mechanisms; 8. Concluding Remarks Chapter Eighteen: Foreign Trade and Investment Law 1. Introduction; 2. A Process of Gradual Transformation; 3. Law on Foreign Trade; 4. Direct Foreign Investment; 5. Concluding Remarks Chapter Nineteen: China’s Outbound Direct Investment 1. Introduction; 2. China’s ODI from a Developmental Perspective: The Macro Economic Context; 3. China’s ODI Strategy in Context - The Evolving Policy and Regulatory Framework; 4. Between Macro Economic Control and Micro Economic Management; 5. Concluding Remarks Chapter Twenty: Dispute Settlement 1. Introduction; 2. Negotiation/Consultation; 3. Mediation/Conciliation (Tiaojie); 4. Arbitration; 5. Petition (Xinfang – letters and visits): Alternative to formal institutions?; 6. Civil Litigation; 7. Concluding Remarks Chapter Twenty One: Implementation and Enforcement of Law 1. Introduction; 2. Implementation of Law – Its Nature and Complexity; 3. Implementation of Law – the Impact of Law: the Case of IP Protection; 4. Enforcement of Law – the Case of ‘Zhixing Nan’ ; 5. Enemies Within and Without, Systemic and Institutional; 6. Politico-Legal Manoeuvres in the Battlefield; 7. Contradictions in Judicial Reforms and the Missed Target; 8. Concluding Remarks Conclusion 1. Chinese Law Transformed; 2. Towards a Rule of Law?; 3. What’s Next? Select Bibliography, Index.

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Book SynopsisThe Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., ‘excessive diversity in the EU vs. uniformity in the US’, and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies’ political accountability could be adjusted in the ongoing reform on agencies’ creation and operation.Trade Review"A special virtue of the book is its appeal to readers on several levels. It addresses doctrinal and theoretical issues sufficiently to satisfy seasoned academics without forgetting those pragmatic problems that are uppermost in the minds of practitioners or government officials. It is suitable for both the expert and the novice observer of the field. Although largely a law book, it will be understandable and useful to political scientists and public administrators." -Gary J. Edles, University of Hull Law School

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Book SynopsisIn Supranational Citizenship and the Challenge of Diversity Francesca Strumia explores the potential of European citizenship as a legal construct, and as a marker of group boundaries, for filtering internal and external diversities in the European Union. Adopting comparative federalism methodology, and drawing on insights from the international relations literature on the diffusion of norms, the author questions the impact of European citizenship on insider/outsider divides in the EU, as experienced by immigrants, set by member states and perceived by “native” citizens. The book proposes a novel argument about supranational citizenship as mutual recognition of belonging. This argument has important implications for the constitution of insider/outsider divides and for the reconciliation of multiple levels of diversity in the EU.

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Book SynopsisThis volume showcases the most recent research on the future of the legal and judicial landscape in East Asia and its renewed respect for the rule of law in the 21st century. The book features research on emerging judicial stratifications in the legal profession; war crimes and their legacies in the post-colonial era; citizens' participation in the justice system; gender, law, legal culture and profession as well as environmental justice.Trade ReviewThis collection of articles provides an impressive one-stop shop for readers who want a landscape portrait of law in East Asia in the early twenty-first century. The breadth of coverage makes the task of a reviewer difficult, as each contribution stands on its own as a piece of scholarship about a particular topic in a particular place. Nevertheless, read together, the articles do achieve a sense of unity as a compendium of themes and trends in the region’s legal systems. Dan Rosen, Asian Journal of Law and Society 3,2 (2016)Table of ContentsForeword: Asia’s Changing Legal and Judicial Landscape Tom Ginsburg List of Contributors List of Figures and Tables Introduction Setsuo Miyazawa, Weidong Ji, Hiroshi Fukurai, Kay-Wah Chan and Matthias Vanhullebusch part 1 Emerging Judicial Stratifications in Legal Profession The Development and Prospect of Legal Aid in China’s Criminal Trial Weimin Zuo Stratification or Diversification? 2011 Survey of Young Lawyers in Japan Setsuo Miyazawa, Atsushi Bushimata, Keiichi Ageishi, Akira Fujimoto, Rikiya Kuboyama and Kyoko Ishida part 2 War Crimes and Their Legacies in the Post-Colonial Era Justice Delayed: Post-Colonial Hauntings in the Khmer Rouge Tribunal Hybrid Court System Yvonne Y. Kwan “Post-Colonial” Legal Interpretation in Macau, China: Between European and Chinese Influences Denis de Castro Halis The Right to Truth and the Legacies of World War II: A Way Forward for China? Matthias Vanhullebusch part 3 Citizens’ Participation in the Justice System China’s Lay Participation in the Justice System: Surveys and Interviews of Contemporary Lay Judges in Chinese Courts Zhuoyu Wang and Hiroshi Fukurai What’s Happening in the Jury Room? Analyzing Shadow Jury Deliberation in Korea Jae-Hyup Lee, Jisuk Woo, June Woong Rhee, Jeong Min Choi and Hyunki Shin Outlook and Contents of the “Civil Tribunal System” as Proposed by the Japan Federation of Bar Associations (JFBA) Harumi Takebe part 4 Gender and Law Changes in Gender Composition and the Future of Gender Balance in the Legal Professions in Korea Haesook Kim Gender, Law and Legal Professions in China Xiaonan Liu part 5 Environmental Justice and Legal Culture China’s Past, Present and Future Approach to Climate Change Patricia Blazey and Xiangbai He Thailand’s Climate Policy and Law in the Making: Can the Tradition of Thai Civil Law Cope with Climate Governance? Kridtiyaporn Wongsa Legal Instrumentalism in China: The Case of Hukou Legislation in Beijing and Shenzhen Qiqi Fu and Paola Pasquali Invisible People, Pollution, and Places: Nuclear Contamination on the Tibetan Plateau, Himalayan Rivers, and Water Users Abigail Brown Bibliography Author Index Subject Index

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Book SynopsisIn Hong Kong's Legislature Under China's Sovereignty: 1998-2013 Dr Gu Yu thoroughly analyses how Hong Kong’s legislature has impacted the law-making process as well as the financial control and supervision of the executive branch of the government. The political cleavage in Hong Kong seen in recent years has affected the level of Legco’s autonomy in terms of leadership, rules, committee autonomy and control over the legislative agenda. Given the weakened autonomy of Legco and the decline of moderate forces in both the pro-Beijing and pro-democracy camps, the role of Legco as a collective actor of checks and balances against the executive branch has been weakened. This book will appeal to both academics and practitioners whose work involves the relationship between the legislature and the executive branch in the HKSAR.Trade Review"...the text is clear and well-structured, and the author supplies readers with a wealth of supporting detail and statistics..." -Roderick Munday, The Cambridge Law Journal

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Book SynopsisIn Family Law in Britain and America in the New Century: Essays in Honor of Sanford N. Katz nineteen leading family law scholars in the US and Britain pay tribute to Sanford Katz, Darald and Juliet Libby Millennium Professor Emeritus and Professor of Law, Boston College Law School by giving a critical account of developments in family law in their jurisdictions since 2000. Areas covered include the institution of marriage, financial and property issues, parents and children, the state and children, access to justice, and international issues as well as an overview by the Editor. The volume will provide a stimulating and accessible account of the state and current direction of travel of family law in those countries.Table of ContentsPREFACE; THE INSTITUTION OF MARRIAGE 1. Let’s get married? American Perspectives on Matrimony in the 21st Century, by Marsha Garrison (Suzanne J. and Norman Miles Professor of Law, Brooklyn Law School) 2. Marriage: A Meaningful Relationship? by Jane Mair (UK) (Professor of Law, University of Glasgow) FINANCIAL AND PROPERTY ISSUES 3. Divorce and Money: the UK Law in the 21st Century, by Baroness Ruth Deech (Member of the House of Lords, and former Principal of St Anne’s College, Oxford) 4. Economic Consequences of Divorce in the United States: Recent Developments, by J. Thomas Oldham (John H. Freeman Professor of Law, University of Houston Law Center) 5. The Future of Child Support Law, by Ira Ellman (Charles J. Merriam Distinguished Professor of Law, Affiliate Professor of Psychology, Arizona State University) and Sanford L. Braver (Professor Emeritus of Psychology, Arizona State University) PARENTS AND CHILDREN 6. Parenthood: Commitment, Status and Rights, by Gillian Douglas (Professor of Law, Cardiff Law School) 7. Child Custody: Back to the Future: Still searching for Best Interests by Linda Elrod (Richard S. Righter Distinguished Professor of Law, Washburn University School of Law) 8. The Child’s Right to a Parent: Charting the Path from mere Interest to Constitutional Right, by Barbara Bennett Woodhouse (L.Q.C. Lamar Professor of Law, Emory Law) 9. Medical Decisions about Children, by Jonathan Herring (Professor of Law and Fellow of Exeter College, Oxford) THE STATE AND CHILDREN 10. Will Adoption do? Reflections on the Law and Practice in Public Law Adoptions in England and Wales, by Nigel Lowe (Emeritus Professor, Cardiff Law School) 11. Progress in Protection, by John EB Myers (Professor of Law, University of the Pacific) 12. Reforming Care Proceedings in England and Wales: Speeding up Justice and Welfare? by Judith Masson (Professor of Law, University of Bristol) ACCESS TO JUSTICE 13. Access to Family Justice in England and Wales, by Mavis Maclean (Co-Director, Oxford Centre for Family Law and Policy and St Hilda’s College, Oxford) INTERNATIONAL ISSUES 14. The New Global Family Law, by Ann Estin (Aliber Family Chair in Law, Iowa Law) 15. Relocation Disputes: Developing Understanding, Developing Law, by Rob George (Lecturer in Laws, University College, London) 16. From Footnote to Footprint: Obergefell's Call to reconsider Immigration Law as Family Law, by Kari Hong (US) (Assistant Professor of Law, Boston College) 17. Rights realised or Rights defeated?: Responses to Family Migration in the UK, by Helen Stalford (Professor of Law, University of Liverpool) and Sarah Woodhouse (Lecturer, University of Liverpool) OVERVIEW 18. A New Era? by John Eekelaar (Emeritus Fellow, Pembroke College, Oxford; Fellow of the British Academy) AFTERWORD 19. Marriage and Marriage-like Relationships: Looking backward and looking forward by Sanford N. Katz (Darald and Juliet Libby Millennium Professor of Law Emeritus, Boston College) Index.

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Book SynopsisChina and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives – doctrinal, comparative, empirical, economic, and legal – on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.Table of ContentsNotes on Contributors 1 Introduction Qiao Liu and Xiang Ren Part I General Issues in International Commercial Arbitration 2 Specific Performance in International Arbitration Ewan McKendrick and Iain Maxwell 2.1 The meaning of ‘specific performance’ 2.2 Common law and civil law 2.3 Specific performance in an arbitral context 2.4 Xiamen Xinjingdi Group Ltd v Eton Properties Ltd 3 EU Law in Chinese International Commercial Arbitration Jürgen Basedow 3.1 Arbitration in the Law of the European Union 3.2 Arbitral Proceedings and State Courts in the European Union 3.3 EU Law and the Merits of International Arbitration Proceedings 3.4 Arbitration Panels and the European Court of Justice 3.5 Conclusion 4 Using Soft Law in International Commercial Contract Arbitration Larry A. DiMatteo 4.1 Introduction 4.2 Soft Law and International Commercial Arbitration 4.3 Normative Power of Soft Law 4.4 Types of Soft Law 4.5 Interpretive Methodologies 4.6 Soft Law Trumps Hard Law: Private Customary International Law 4.7 Hard and Soft Law in International Commercial Disputes 4.8 Conclusion 5 Independence and Impartiality of Arbitrators: A Comparative Perspective Carlos Matheus López 5.1 Factors in Selection of Arbitrators 5.2 Background 5.3 Independence and Impartiality 5.4 Duty of Disclosure 5.5 Efforts to Systematize and Limits 5.6 Practical Analysis Factors 5.7 Means to Ensure Arbitrator Independence and Impartiality 5.8 Practical Steps to Select a Party-nominated Arbitrator 5.9 Pre-appointment Interview 5.10 Some Criteria to Challenge an Arbitrator Part II Specific Issues in International Commercial Arbitration 6 China and Foreign Direct Investment: Looking Ahead Leon Trakman 6.1 Introduction 6.2 Investment Claims and China 6.3 ISA Claims by Chinese Investors Abroad 6.4 ISA Claims Brought Against China 6.5 Chinese Arbitrators 6.6 Withdrawing From ISA? 6.7 A “China-made” Investment Jurisprudence? 6.8 China’s Distinctive History of “Liberalization” 6.9 China’s “Liberalization” of its BITs 6.10 The History of Chinese BITS 6.11 Modelling China’s Model BIT 6.12 “Alternative” Dispute Resolution 6.13 Conclusion 7 Arbitrability of Company Law Disputes Andrew Johnston 7.1 Introduction 7.2 Arbitration under the statutory contract 7.3 Under shareholder agreements 7.4 Actions by the company against its directors 7.5 Derivative action by minority shareholder against directors 7.6 Unfair prejudice applications 7.7 Conclusion 8 Rules of Evidence in CIETAC International Arbitration Song Lu 8.1 Introduction 8.2 General Approaches towards Disclosure and Investigation of facts 8.3 PRC Civil Procedure Law 8.4 Current PRC Statute on Rules of Evidence in Arbitration 8.5 Rules of Evidence Agreed by the Parties 8.6 Rules of Evidence for China – CIETAC Evidence Guidelines 8.7 Conclusion Part III Issues in International Commercial Law and Non-Arbitration Dispute Resolution 9 A Critique of the European Contract Code ‘Project’ Roger Halson 9.1 Introduction 9.2 The General Background to Codification 9.3 Process and the creation of the CESL 9.4 Further outline of the CESL including available remedies 9.5 Key Arguments for Reform 9.6 Further Critique 9.7 Conclusion 10 CISG in Chinese Courts: The First Look Qiao Liu and Xiang Ren 10.1 Introduction 10.2 Applicability of CISG in Chinese Courts 10.3 The Survey 10.4 Conclusion 11 State-owned Enterprises in the WTO Law: An Analysis of United States–Definitive Anti-dumping and Countervailing Duties on Certain Products from China Ming Du 11.1 Introduction 11.2 State-owned Enterprises in the Law of World Trade Organization 11.3 The US- Antidumping and Countervailing Duties Case 11.4 Conclusion 12 Judicial Mediation: A Behavioural Law and Economics Perspective Qi Zhou 12.1 Introduction 12.2 Mediation and Judicial Mediation 12.3 Judicial Mediation As Solutions 12.4 Evaluating the Role of Judicial Mediation 12.5 Evaluating the Efficiency of Judicial Mediation 12.6 Conclusion INDEX

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Book SynopsisEast African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

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Book SynopsisDispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.Table of Contents PrefaceandAcknowledgements  Abbreviations  Introduction  1 Legal Culture and Historical Development of Law  1 Introduction  2 History as Legacy and Legacies of History  2.1 History and Tradition in Context  2.2 Confucianism  2.3 Legalism  2.4 Practical Politics—Confucianisation of Law  2.5 The Legacies of History  3 Evolution and Revolution  3.1 Efforts towards Westernisation of Law  3.2 Efforts Tilted towards Modernisation of Law  4 Socialist Legality and Socialist Legacies  4.1 From Socialist Legality to Legal Nihilism  4.2 From Legal Instrumentalism to the Rule of Law  4.3 The Return of Legal Instrumentalism  4.4 Chinese Law at a Crossroads  5 Concluding Remarks  2 Legal Institutions: The Political and Constitutional Setting  1 Introduction  2 Separation of Powers and the Integration of Party and State  3 Party Control over Institutional Setup and Personnel: The ChineseNomenklaturaSystem  4 Party Control over Legal Institutions: The Politico-legal Committees  5 Legal Institutions under the Chinese Constitution  6 Administrative Responsibilities for Justice and Law  6.1 An Overview  6.2 The Ministry of Justice and Its Evolving Functionality  6.3 Judicial Examination/Qualification Examination for Legal Professions  7 Concluding Remarks  3 Judicial Institutions  1 Introduction  2 Judicial Development and Reforms: The struggle for status, prestige and identity  2.1 Judicial Development and Reforms in Context  2.2 The New Round of Reforms  2.3 The Consolidation of Reform Results  3 Organisation and Structure  4 Judges and Other Personnel of the People’s Courts  5 The People’s Procuratorates and Civil Dispute Settlement  6 Concluding Remarks  4 The Legal Profession  1 Introduction  2 Lawyers and Legal Practice  2.1 The (Incomplete and Hesitant) Transformation of Lawyering as a Profession in China  2.2 Lawyers: Qualification, Business Scope and Limitations  2.3 Law Firms  2.4 Lawyers’ Associations and the Ministry of Justice  2.5 Foreign Lawyers and Foreign Law Firms in China  3 Notary System and Authentication  3.1 The Transformation has Just Started  3.2 Qualifications, Establishment and Scope of Business  4 Concluding Remarks  5 Negotiation and Mediation  1 Introduction  2 Negotiation/Consultation  2.1 Overview  2.2 Cultural Context and the Limit of Cultural Influence  2.3 The Essence of Negotiation: Trade-off and Due Diligence  3 Mediation/Conciliation (Tiaojie/Hejie)  3.1 Historical Development of Mediation in China  3.2 An Ever-Expanding Scope and Increasing Importance of Application  3.3 People’s Mediation  3.4 Administrative Mediation  3.5 Mediation in Arbitration  3.6 Institutional Mediation/Conciliation  3.7 Court Mediation  4 Concluding Remarks  6 Arbitration  1 Introduction  2 The Historical Development of Arbitration in China  2.1 The Introduction of Arbitration to China  2.2 The Resumption of Domestic Arbitration in Post-Mao China  2.3 Rapid Development and the New Regime of Arbitration in China  3 A National Arbitration Framework  3.1 The Legal Framework and Underlying Principles  3.2 Arbitration Commissions and Ad Hoc Arbitration  3.3 The China Arbitration Association, and Arbitrators  3.4 Arbitration Processes  3.5 Arbitration Awards, Judicial Review and Enforcement  3.6 Foreign-Related Arbitration and the Internationalisation of Arbitration  4 TheCIETACand Arbitration byCIETAC  4.1 TheCIETACas an Arbitration Commission  4.2 The Main Features ofCIETACArbitration  4.3 Specialised Arbitration  5 Administrative Arbitration  6 Concluding Remarks  7 Civil Litigation  1 Introduction  2 Historical Development of Civil Litigation in China  3 Civil Procedure Law and Rules  3.1 Overall Legal Framework and General Features  3.2 Jurisdiction  3.3 Commencement and Pre-trial Preparations  3.4 Evidence  3.5 Trial Process  3.6 Damages, Preservation Measures and Statutory Limitations  3.7 Special Rules on Foreign-Related Litigation  3.8 Execution of Judgments and Rulings  4 False Litigation  5 Concluding Remarks  8 Enforcement of Judgments  1 Introduction  2 ‘Zhixing Nan’—A Political, Economic, Socio-legal Phenomenon  3 Evolving Legal Mechanisms for Enforcement  4 Execution of Judgments, Rulings and Decisions  5 Enforcement of Foreign Judgments  6 Concluding Remarks  Conclusion  Select Bibliography  Legislation and Policy Documents  Index

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Book SynopsisIn Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.Table of ContentsAcknowledgments ... xi List of Illustrations ... xiii 1 Introduction ... 1 1.1 Motivation ... 1 1.2 Problematization ... 2 1.3 Research Questions ... 4 1.4 Conceptualizations ... 5 1.4.1 American Civil Law Jurisdictions ... 5 1.4.2 Ownership Paradigms ... 8 1.5 Methodology ... 13 1.5.1 Louisiana as a Hard Case for American Civil Law Jurisdictions ... 18 1.6 Sources ... 21 1.7 Structure ... 24 2 The Value of Comparative Legal History for American Civil Law Jurisdictions ... 25 2.1 Introduction ... 25 2.2 Construction ... 27 2.2.1 Building Blocks ... 27 2.2.2 Autonomous Discipline ... 29 2.3 Development ... 34 2.3.1 Emergence ... 35 2.3.2 Conditions ... 44 2.3.3 Benefits ... 48 2.3.4 Corollary ... 50 2.4 Impact on Transplantation ... 51 2.5 Closing Remarks ... 53 3 The Allocation Paradigm of Ownership in American Civil Law Jurisdictions ... 56 3.1 Introduction ... 56 3.2 Native American Land Relations ... 57 3.2.1 America as a Mosaic of Different Legal Systems ... 58 3.2.2 Louisiana, Chile, and Argentina within the Mosaic ... 61 3.2.3 Corollary ... 63 3.3 Spanish Access to Lands in the Americas ... 63 3.3.1 Territories as Royal Holdings of Castile ... 64 3.3.2 Louisiana, Chile, and Argentina as Royal Holdings of Castile ... 71 3.3.3 Corollary ... 73 3.4 Indiano Legal Order ... 73 3.4.1 Castilian Precepts as Models for the Americas ... 75 3.4.2 Corpus Iuris Indiarum: Legislative Enactments and Doctrine ... 79 3.4.3 Louisiana, Chile, and Argentina within the Indiano Legal Order ... 82 3.4.4 Corollary ... 84 3.5 Allocating Multiple Interests ... 84 3.5.1 Crown of Castile ... 88 3.5.2 Roman Catholic Church 91 3.5.3 Native American Groups 93 3.5.4 Corollary ... 94 3.6 Individual Allocation ... 95 3.6.1 Transplantation of the Royal Land Grants System ... 96 3.6.2 Implementation of Royal Land Grants (Argentine Illustration) ... 98 3.6.3 Royal Land Grants in Louisiana and Chile ... 104 3.6.4 Corollary ... 108 3.7 Communal Allocation ... 109 3.7.1 Comunales and Propios: Origins and Implementation ... 110 3.7.2 Communal Property in European Settlements ... 113 3.7.3 Communal Property in Native American Towns ... 115 3.7.4 Communal Property in Louisiana, Chile, and Argentina ... 121 3.7.5 Corollary ... 124 3.8 Closing Remarks ... 125 4 The Liberal Paradigm of Ownership in American Civil Law Jurisdictions ... 129 4.1 Introduction ... 129 4.2 Emergence of First-Generation Codes ... 131 4.2.1 Studies on Comparative Legislation ... 132 4.3 First-Generation Codes across the Americas ... 137 4.3.1 Louisiana ... 139 4.3.2 Chile ... 140 4.3.3 Argentina ... 142 4.4 Codifying the Liberal Paradigm of Ownership ... 144 4.4.1 Origins ... 144 4.4.2 Formal Sources ... 147 4.4.3 Transplantation and Development of Common Sources ... 153 4.5 Encapsulation of the New Paradigm across the Americas ... 154 4.5.1 Louisiana ... 155 4.5.2 Chile ... 161 4.5.3 Argentina ... 166 4.6 Pollination of Ownership in the Americas ... 173 4.6.1 Pollination from Louisiana ... 174 4.6.2 Pollination from Chile ... 177 4.6.3 Pollination from Argentina ... 179 4.7 Introduction to Second-Generation Codes ... 180 4.8 Closing Remarks ... 182 5 The Social Function Paradigm of Ownership in American Civil Law Jurisdictions ... 184 5.1 Introduction ... 184 5.2 Social Function Understanding ... 185 5.2.1 Global Emergence ... 185 5.2.2 Social Doctrine of the Church ... 189 5.2.3 Duguit: The Paladin of the Social Function Paradigm ... 192 5.2.4 Corollary ... 198 5.3 Reception in Constitutions ... 199 5.3.1 American Origins: Social Constitutionalism in Mexico ... 200 5.3.2 European Origins: Social Constitutionalism in Germany ... 202 5.3.3 Global Contagion of Constitutions ... 203 5.3.4 Louisiana ... 205 5.3.5 Chile ... 208 5.3.6 Argentina ... 213 5.4 Reception in Civil Codes ... 218 5.4.1 Momentum in Second-generation Civil Codes ... 219 5.4.2 Doctrine of Abuse of Rights ... 221 5.4.3 Louisiana ... 223 5.4.4 Chile ... 228 5.4.5 Argentina ... 232 5.5 Reception in Special Legislation ... 238 5.5.1 Land Reform ... 239 5.5.2 Louisiana ... 244 5.5.3 Chile ... 248 5.5.4 Argentina ... 256 5.6 Closing Remarks ... 260 6 Conclusions ... 263 6.1 Presentation ... 263 6.2 Central Conclusions ... 263 6.2.1 Visualizing Paradigms and Shifts ... 264 6.2.2 Circulation of Ideas and Paradigm Flows ... 266 6.2.3 Contagious Evolution across Time and Space ... 267 6.2.4 Transplantation of Vernacular and Foreign Legal Sources ... 267 6.3 Peripheral Conclusions ... 268 6.3.1 Disciplinary Value of Comparative Legal History ... 269 6.3.2 Quality of Existing Output ... 269 6.3.3 Transatlantic Circulation ... 270 6.3.4 Global Undertakings ... 270 6.4 Areas of Future Research ... 271 6.4.1 Additional Sources of Law and Ownership Paradigms ... 271 6.4.2 Ecological Function of Ownership ... 272 6.4.3 Global Context for Ownership Paradigms ... 272 6.5 Finale ... 273 List of References ... 275 Index of Names ... 376

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Book SynopsisIn August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.Table of ContentsIntroduction: Nordic Approaches to International Law? Astrid Kjeldgaard-Pedersen; Nostalghia: A Nordic International Law Gregor Noll; Diplomats, Professors, and then Some: Notes for a History of International Law in 20th Century Finland Martti Koskenniemi; Dag Hammarskjöld and the “Ambetsmanna” Approach to UN Cooperation Ove Bring; Nordic Judges of the Permanent Court of International Justice and the International Court of Justice Astrid Kjeldgaard-Pedersen; A Nordic Approach to the Interpretation of the European Convention on Human Rights? Jens Elo Rytter; Who Cares about International Law? A Study of how Scandinavian Judges’ Cite International Law and Courts Marlene Wind; The Effect of the Judgments of the ECtHR before the National Courts – A Nordic Approach? David Thor Björgvinsson; The implementation of the Rome Statute of the International Criminal Court in the Nordic Countries: A New Comprehensive Criminalization of Serious Crimes Thordis Ingadottir; In the Line of Fire: Denmark and Law and Legitimacy in 21st Century War of Choice Anders Henriksen; Communities of Interest in the Nordic Management of International Watercourses Julie Gjørtz Howden; A Nordic Approach to Promoting Women’s Rights within International Law: Internal v. External Perspectives Cecilia M. Bailliet; Conspicuous Absence and Mistaken Presence - A Note on the Ambiguous Role of Scandinavian Legal Realism in Nordic Approaches to International Law Jakob v.H. Holtermann; Index.

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Book SynopsisHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.Table of ContentsContents Preface Abbreviations Comparative Discrimination Law: Historical and Theoretical Frameworks  Laura Carlson  Introduction: Comparative Discrimination Law  Part 1: Modern International Historical Developments as to Discrimination Issues  Part 2: The Europeanisation of Discrimination Protections  Part 3: Regional Human Rights Instruments and Discrimination Protections  Part 4: National Discrimination Legal Frameworks—The United States  Part 5: National Discrimination Legal Frameworks—The United Kingdom  Part 6: National Discrimination Legal Frameworks—Sweden  Part 7: Institutional and Theoretical Frameworks  Appendix 1  Reading List

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Book SynopsisIn Empirical Research and Workplace Discrimination Law, part of the series Comparative Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law, across jurisdictions such as the United States of America, the United Kingdom, Canada, Australia and New Zealand. Drawing on case studies of existing scholarship, Alysia Blackham offers both a rationale for conducting empirical research in this area, and methodological options for researchers considering empirical work. Using examples from case law and public policy, Alysia Blackham considers the impact that empirical research is having on discrimination law and policy, and highlights fundamental gaps in existing empirical scholarship. Other titles published in this series: - Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447 - International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461 - Age as a Protected Ground, Lucy Vickers; isbn 9789004345539 - Sexual Orientation and Gender Identity Discrimination, Holning Lau; isbn 9789004345485 - Racial Discrimination, Tanya Katerí Hernández; isbn 9789004345942

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Book SynopsisThe driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.Table of ContentsTables Notes on Contributors 1 Introduction: Modernisation, National Identity, and Legal Instrumentalism  Michał Gałędek 2 Prenuptial Agreements of the Hungarian Aristocracy in the Early Modern Era  Zsuzsanna Peres 3 Revolution and the Instrumentality of Law: Theories of Property in the American and French Revolutions  Bart Wauters 4 English Commercial Law in the Longue Durée: Chasing Continental Shadows  Sean Thomas 5 The Italian Destiny of the French Code de commerce (19th Century)  Annamaria Monti 6 The Reception of the French Commercial Code in Nineteenth-Century Polish Territories: A Hollow Legal Shell  Anna Klimaszewska 7 Development of the medical malpractice law and legal instrumentalism in the Antebellum America  Marcin Michalak 8 The Contractual Third-Party Notion: Beyond the Principle of the Relativity of Contracts: The Comparative Legal History as Methodological Approach  Sara Pilloni 9 Civilian Arguments in the House of Lords’ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century  Łukasz Jan Korporowicz 10 Usucapio in Era of Real Estate Title Registration Systems  Beata J. Kowalczyk 11 In the Name of the Republic: Family Reform in Late Nineteenth and Early Twentieth-Century France and China  Mingzhe Zhu 12 The Private Law Codification as an Instrument for the Consolidation of a Nation from Inside: Estonia and Latvia between two World Wars  Marju Luts-Sootak, Hesi Siimets-Gross, Katrin Kiirend-Pruuli 13 Reluctant Legal Transplant: United States Moral Rights as Late 20th Century Honor Law  Steven Wilf Index

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Book SynopsisAviation Law and Policy in Asia: Smart Regulation in Liberalised Markets examines the evolution of aviation law and policy in selected Asian jurisdictions and analyses the dynamic regulatory challenges that each jurisdiction faces. Prominent aviation law and policy experts in Asia analyse topics such as air transport liberalisation, the regulation of air operator certificates, legal issues about pilot strikes, traffic rights allocation, legal challenges arising from new types of aircraft, ticket pricing regulation, air services agreements, airport competitiveness and aircraft financing. The case studies and recommendations presented in this book both enrich theoretical debates and serve as a roadmap for understanding aviation law and policy in Asia.Trade Review“If I would have to label this book in one catch word, I would use the word ‘insightful’. This book forms a meaningful addition to the existing air law literature. It deserves a place on the bookshelves of all those who closely follow this area of law.” Prof. Pablo Mendes de Leon (Leiden University) Air & Space Law 46, no. 4&5 (2021) “The book is well-structured and addresses in a systematic, yet dynamic, manner a collection of the most relevant legal, regulatory and political issues of air transport development in Asia. The book will - in no time- become the indispensable reference for everyone who has an interest in international, Asian and comparative aviation law.” Andrea Trimarchi (University of Cologne) German Journal of Air & Space Law 70, no.2 (2021)Table of ContentsPreface List of Figures and Tables Notes on Contributors PART 1 Northeast Asia 1 Dynamic Stewardship of Air Transport Market Liberalization in Japan   Katsuhiro Yamaguchi 2 Should the Government Control the Number of Airlines in Korea?   Jae Woon Lee 3 China’s Air Transport Policymaking: Policy Objectives, Institutions and Airlines’ Political Activity   Chrystal Zhang 4 China’s New Administrative Measures on International Traffic Rights Allocation Together with the Dual- Airport Operation Policy in Beijing   Pai Zheng 5 China’s Industrial Policies for Commercial Civil Aviation Manufacturing and Implications for the Global Trading System   Juan He 6 Conflicts between Aviation and Labor Laws/Regulations in Taiwan   Mickey (Jialing) Shan 7 Hong Kong Airport’s Competitiveness as an International Hub   Andrew Yuen, Kan Tsui, and Michael Fung 8 Enhancing Hong Kong’s Attractiveness as a New Global Aircraft Leasing Hub in Asia   Victor S. Chan PART 2 Southeast Asia 9 Removing Air Transportation from the Scope of ‘Public Utility’ in the Philippine Constitution: A Panacea for Liberalisation?   Michelle Dy 10 Development of Vietnam’s Aviation Law: Airlines’ Influence in the Legislative Process   Nguyen Van Tuan and Duong Tri Thanh 11 Impact on Thai Airways of Air Transport Liberalisation in Thailand   Navatasn Kongsamutr 12 Ownership and Control of Thai Airlines: Liberal Spirit in the Cloak of Nationalism   Lalin Kovudhikulrungsri and Prasert Pompongsuk 13 The Indonesian Aviation Sector in the Realm of Liberalisation: The Long and Winding Road   Ridha Aditya Nugraha 14 Integrating ASEAN Through Liberalisation of Investment in the Aviation Sector   Sufian Jusoh and Haris Zuan 15 The New ASEAN-E.U. Comprehensive Air Transport Agreement (CATA)   Alan Khee-Jin Tan PART 3 South Asia 16 Indian Aviation Policy on Market Access: Is It a Case of Missing the Woods for the Trees?   Rajesh Singh 17 Civil Aviation Industry in Sri Lanka: Challenges and Solutions   Anusha Wickramasinghe 18 Concluding Remarks and Smart Regulation in the Post COVID-19 Era Jae Woon Lee Index

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Book SynopsisIn Road Traffic Liability in China: A View from Law and Economics, Yu Yan provides an in-depth analysis of the Chinese road traffic liability system, as well as other alternative accident prevention schemes from a view of law and economics. The analysis refers to the functioning of the system both on paper and in practice. The conclusion shows that the current Chinese traffic liability system can only achieve partial deterrence, and that the problems of under-compensation and insufficient risk-spreading seem to be serious, at least in the economically underdeveloped regions. Based on these findings, Yu Yan suggests specific legislative changes to be taken for the policymakers to improve the system.Table of ContentsAcknowledgments List of Illustrations List of Abbreviations Introduction  1 Background  2 Aims of the Book  3 Structure and Brief Overview 1 The First Phase of Development  Introduction  1 The Legal Framework for Dealing with rta Related Disputes  2 Rules on Road Traffic Liability   2.1 Fault-Based Liability in the 1951 Interim Measures   2.2 Vicarious Liability in spc’s Judicial Interpretations   2.3 Fault-Based Liability in Local Laws  3 Rules on the Compensation of Traffic Accident Victims   3.1 Limited Amount of Compensation   3.2 The Role of the “Danwei” in Victim Compensation   3.3 Detailed Rules in the Local Administrative Measures  4 Methods Used to Settle rta Compensation Claims  5 The Development of Private Insurance  6 Conclusion 2 The Second Phase of Development  Introduction  1 The Legal Framework for Dealing with rta Related Disputes  2 Rules on Road Traffic Liability   2.1 Strict Liability in the gpcl   2.2 Inconsistent Interpretations in Local Laws   2.3 A Uniform Interpretation in the 1991 Regulation   2.4 Different Basis of Liability in the rtsl   2.5 Liable Person in the tll  3 Rules on the Compensation of Road Traffic Victims   3.1 Rules for Tort Damages in the gpcl   3.2 Detailed Criteria for Calculating Damages Provided by Local Laws   3.3 Uniform Criteria for Calculating Damages in the 1991 Regulation   3.4 Harmonising the Compensation Criteria in Two Judicial Interpretations  4 Current Chinese Legal Framework for rta Prevention   4.1 Aims of Tort Liability System   4.2 Liability Rules   4.3 Safety Regulation and Road Traffic Liability  5 The Impact of Insurance on the Road Traffic Liability System   5.1 cvli before 2006   5.2 cvli after 2006   5.3 Social Security Schemes in China   5.4 A Comparison of Different Insurances: Some Empirical Evidence  6 Conclusion 3 Economic Analysis of Road Traffic Liability  Introduction  1 Economic Essence of Tort Law  2 Deterrence via Tort Liability   2.1 Unilateral versus Bilateral Accidents   2.2 Applied to Road Traffic Accidents  3 The Impact of Imperfect Information   3.1 Standard of Care   3.2 Causation   3.3 Damages  4 The Impact of Regulation   4.1 The Need to Regulate Traffic Safety   4.2 Arguments for Licensing Driving   4.3 Arguments for Regulation   4.4 Violation of Traffic Regulation and Liability  5 The Impact of Insurance   5.1 Risk Aversion and the Demand for Insurance   5.2 Problems of Insurance Markets and Possible Solutions  6 The Impact of Insolvency  7 The Impact of Litigation Costs  8 Compensation via Road Traffic Liability   8.1 Rationale   8.2 Compensation Accomplished by Insurance   8.3 Compensation Accomplished by Road Traffic Liability  9 Conclusion 4 Empirics of Road Traffic Liability  Introduction  1 The Operation of the Road Traffic Liability Litigation System   1.1 Frequency, Causes, and Severity of Road Traffic Accidents   1.2 Claims Initiation   1.3 Claims Resolution  2 Effects of Road Traffic Liability Reform on Litigation and Insurance   2.1 Trends in Road Traffic Liability Claims   2.2 Effects of Tort Reform on Claim Frequency and Damage Awards   2.3 Effects of Tort Reform on Insurance  3 Safety Effects of Road Traffic Liability   3.1 The Change in the Negligence Rule   3.2 Safety Measures  4 Costs and Benefits   4.1 Administrative Costs   4.2 Cost-Benefit Analysis  5 Conclusion 5 Economic Analysis of Alternative Instruments  Introduction  1 Alternative Instruments for rta Prevention  2 The Choice of Sanctions  3 First-Party Insurance Scheme as an Alternative Compensatory Instrument   3.1 First-Party Insurance versus Liability Insurance   3.2 First-Party Insurance versus Tort Liability  4 Compensation Schemes Not Based on Fault   4.1 No-Fault Compensation Systems for rta s   4.2 Some Empirical Evidence   4.3 Rationale of Compulsory Insurance   4.4 Rationale of Social Security  5 Conclusion 6 Critical Analysis of the Current Road Traffic Liability System in China  Introduction  1 Critical Analysis of the Road Traffic Liability System in China   1.1 Multiple-Goals   1.2 Basis of Liability   1.3 Objective Test to Determine Fault   1.4 Imputability   1.5 Causation and Causal Apportionment among Multiple Tortfeasors   1.6 Quantum Rules   1.7 The Role Played by the Victim   1.8 Interplay between Traffic Safety Regulation and Tort Law  2 Critical Analysis of the Chinese rta Compensation System   2.1 Liability Insurance in China   2.2 First-party Insurance and Social Security Schemes  3 Some Empirics   3.1 Frequency, Severity, and Causes of Road Traffic Accidents   3.2 Claim Initiation   3.3 Claim Resolution   3.4 Litigation Costs   3.5 The Effectiveness of Road Traffic Safety Regulation  4 Conclusion 7 Summary, Policy Recommendations and Future Developments  1 Summary of Main Findings   1.1 Answers to Question 1   1.2 Answers to Question 2   1.3 Answers to Question 3   1.4 Answers to Question 4   1.5 Answers to Question 5  2 Possibilities for Future Research  3 The Way Forward Appendix 1: Chinese Legislation Appendix 2: Cases Appendix 3: Interviews Bibliography Index

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Book SynopsisCooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.Table of ContentsPreface Acknowledgments List of Illustrations Featured Remarks Reflections on the Status and Prospects for Deep Seabed Mining in 201  Michael Lodge Reflections on the Past 25 Years of Ocean Law and Policy  David A. Balton Maritime Autonomous Surface Ships in International Law: New Challenges for the Regulation of International Navigation and Shipping  Aldo Chircop Part 1 Spotlight on Regional Cooperation 1 Military Cooperation and International Custom in the Asia-Pacific Region  John G. Hannink 2 Peace through Joint Marine and Cruise Tourism in the Disputed South China Sea Islands: Opportunities and Challenges  Yann-huei Song 3 Multilateral Cooperation in Resolving or Managing International Issues  Helmut Tuerk 4 Jurisdictional and Substantive Aspects in the Application of unclos<\sc> Article 83(3) in Recent International Decisions  Xinjun Zhang Part 2 Protection and Preservation of the Marine Environment 5 Candy and Poisons: Protecting Marine Environments While Meeting Societal Needs  Daniel Rittschof 6 The Duty to Cooperate in the Protection and Preservation of the Marine Environment  Chie Kojima 7 Environmental Impact Assessments in Protection and Preservation of the Marine Environment  Tianbao Qin and Fang Hou 8 Increasing Challenges to the Future Marine Environment  Stephen A. Macko Part 3 Freedom of Navigation 9 Freedom of Navigation: Where to Go When Political Agenda Overshadows Legal Substance  Nong Hong 10 An Archival History of the Creation and Early Implementation of the Freedom of Navigation Program  James Kraska 11 Military Activities in Foreign Exclusive Economic Zones: Identification and the Application of Law  Xinmin Ma 12 Freedom of Navigation: Practices of Vietnam  Lan-Anh T. Nguyen Part 4 Straits Governance, including Malacca/Singapore 13 The International Straits Regime: Notes on Uncertainties and “Other” Straits in the Northeast Asia-Pacific Region  Ted L. McDorman 14 Passage through Indonesian Waters on Routes Used for International Navigation  Robert Beckman and Dita Liliansa Part 5 Search and Rescue 15 Towards the Establishment of a Search and Rescue Cooperation Mechanism in the South China Sea: Regulatory Framework, Challenges and Prospects  Yubing Shi 16 Understanding the Challenge: Mass Rescue Operations at Sea  Richard Button and Tom Gorgol 17 Models for Maritime Coordination in the South China Sea: Effective National-level Coordination  Brian Wilson Part 6 Sustainable Fisheries 18 Combating iuu<\sc>: the Driving Force behind Development of International Fisheries Law?  Kuan-Hsiung Wang 19 What’s in a Name: the Importance of Distinguishing between “Fisheries Crime” and iuu<\sc> Fishing  Kathryn Youel Page and Alexis J. Ortiz Part 7 Marine Biodiversity of Areas beyond National Jurisdiction (bbnj) 20 Negotiating a New Marine Biodiversity Instrument: Reflections on the Preparatory Phase from the Perspective of the European Union  Ronán Long and John Brincat 21 bbnj: Developments since Yogyakarta  J. Ashley Roach Index

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Book SynopsisLaunched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide.

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Book SynopsisThe driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.Table of ContentsNotes on Contributors 1 Residential Right in the Course of Time: Changes in the Legal Institution of the Inkolat in the Bohemian Crown Lands  Jiří BrňovjákandMarek Starý 2 Legal Transfers and National Traditions: Patterns of Modernization of the Administration in Polish Territories at the Turn of the 19th Century  Michał Gałędek 3 National Modernization through the Constitutional Revolution of 1848 in Hungary: Pretext and Context  Imre Képessy 4 Restoring the Hungarian Historical Constitutional Order with a Coronation in 1867  Judit Beke-Martos 5 The Privy Council Appeal and British Imperial Policy, 1833–1939  Thomas Mohr 6 Direct Impact on Hungarian Migration Policy of the 1870 Agreement on Citizenship between the United States and Austria-Hungary (1880s–1914)  Balázs Pálvölgyi 7 Political Systems in Transition and Cultural (In)dependence: The Limits of a Legal Transplant in the Example of the Brazilian’s Court of Auditors Birth  Marjorie Carvalho de Souza 8 Constitutional Systems of Free European States (1918–1939)  Tadeusz Maciejewski and Maja Maciejewska-Szałas 9 Local Citizenship in the Croatian-Slavonian Legal Area in the First Yugoslavia (1918–1941): Breakdown of a Concept?  Ivan Kosnica 10 Nazi Law as Pure Instrument: Natural Law, (Extra-)Legal Terror, and the Neglect of Ideology  Simon Lavis Index

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Book SynopsisEuropean citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.Table of ContentsPreface Abbreviations Table of Cases Notes of Contributors 1 European Citizenship under Stress: Introduction   Nathan Cambien, Dimitry Kochenov and Elise Muir PART 1 EU Citizenship: Constitutional Challenges 2 EU Citizenship: Some Systemic Constitutional Implications   Dimitry Kochenov 3 Union Citizenship and Beyond   Hans Ulrich Jessurun d’Oliveira 4 EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits   Katerina Kalaitzaki 5 Free Movement of Dual EU Citizens   David A.J.G. de Groot PART 2 Free Movement and Its Limits 6 The Court, the Legislature and the Co-Construction of a Status of Social Integration   Stephen Coutts 7 Life after the ‘Dano-Trilogy’: Legal Certainty, Choices and Limitations in EU Citizenship Case La   Moritz Jesse and Daniel William Carter 8 EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship between Primary and Secondary Rights in Times of Brexit   Elise Muir 9 Residence Rights for EU Citizens and Their Family Members: Navigating the New Normal   Nathan Cambien 10 Distinguishing between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination   Hester Kroeze 11 The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement?   Piet Van Nuffel and Sofia Afanasjeva PART 3 EU Citizenship beyond Movement 12 The Pernicious Influence of Citizenship Rights on Workers’ Rights in the EU – The Case of Student Finance   Araceli Turmo 13 European Higher Education in the Context of Brexit   Sacha Garben 14 The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union   Sébastien Platon 15 The European Citizens’ Initiative in Times of Brexit   Natassa Athanasiadou PART 4 Supranational Citizenship and the Outside World 16 The “Sale” of Conditional Citizenship: the Cyprus Investment Programme under the Lens of EU Law   Sofya Kudryashova 17 Member State Nationality, EU Citizenship and Associate European Citizenship   A.P. van der Mei 18 From Union Citizen to Third-country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union   Gillian More 19 Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle   Christa Tobler 20 The Free Movement of Persons in the Eurasian Economic Union – between Civis Eurasiaticus and Homo Oeconomicus   Bendikt Pirker and Kirill Entin

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Book SynopsisThe European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.Trade Review“[Peter Kempees’s] analysis of the case-law of the European Court of Human Rights contributes significantly to academic discussion on the scope of application of the European Convention on Human Rights in relation to governmental action of States Parties throughout the world. … All in all, it is a well-documented work.” Lt Col J.J.M. van Hoek LLM, Netherlands Military Law Review "...an important piece of legal scholarship on the law of the European Convention on Human Rights" Linos-Alexandre Sicilianos, President of the European Court of Human Rights (2019-2020).

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Book SynopsisConstitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases. Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.Table of ContentsAcknowledgments List of Tables Notes on Contributors Introduction   Francesco Biagi, Justin O. Frosini and Jason Mazzone Part 1 Framing the Problem 1 History Limit or License in Constitutional Adjudication?   Mark D. Rosen 2 When History Requires the Use of History in Constitutional Adjudication   Jorge M. Farinacci-Fernós 3 Memory as Mantle Evil Pasts and Judges’ Power in Germany and South Africa   Justin Collings Part 2 Historical Precedents and Inter-constitutional Interpretation 4 Comparing Constitutional Historicities The Case of Precedents in Canada and the United States   Jean-Christophe Bédard-Rubin 5 Inter-constitutional Interpretation A Case Study of the Articles of Confederation   Cem Tecimer Part 3 A Matter of Narratives 6 Janus’ Third Face? The Spanish Constitutional Court at the Crossroads of History   Ángel Aday Jiménez Alemán 7 Competing Narratives The Use of Historical Arguments in Constitutional Interpretation in Brazil   Ana Beatriz Robalinho 8 Manipulating Constitutional, Legislative and Judicial History Incremental Judicial Activism in the Japanese Supreme Court   Keigo Obayashi Part 4 New Democracies and Illiberal Regimes 9 How Not to Use History in Constitutional Interpretation The Aborted Resurrection of the Historical Constitution in Hungary   Zoltán Szente 10 Using the Authoritarian Past for Constitutional Interpretation in New Democracies The Example of the Taiwan Constitutional Court   Shih-An Wang  Conclusion Which History, Whose Past?   Diego Werneck Arguelhes Index

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Book SynopsisThis book argues that a view has taken root in Africa, which equates state-secularism to the aggressive removal of religion from the public sphere or even state ambivalence towards religious affairs. This view arises from a misguided interpretation of the practice of state-secularism particularly in France, Turkey and the US, which understanding is ill-suited for the sub-Sahara Africa’s state-religion because the region boasts of at least three major religious traditions, African religion, Islam and Christianity, and blanket condemnation of public manifestation of religion or ambivalence towards it may offend the natural flourishing of this trinity and more. The contribution holds that most applications of state-secularism in Kenya, Nigeria and Uganda favour the Christian faith, which during its tumultuous experiences in Europe survived the enlightenment, the reformation and like experiences socialised to co-exist with what are now called secular states. Additionally, due to the long history of Christendoms in Europe, Christian principles penetrated the colonial legal systems that were bequeathed to Africa at independence and the sustenance of the colonial legacy means that the Abrahamic faith has an upper hand in the state-religion relations’ contest. The obvious loser is African religion which has suffered major onslaughts since the colonial days.Table of ContentsAfrica and the Decolonisation of State-Religion Policies  John Osogo Ambani Abstract Keywords  Preface  Part 1: State-Religion Relations  Part 2: A Theoretical Framework for the African Triple Heritage  Part 3: African Case Studies in the Secular State Conundrum  Part 4: The Right to Freedom of Religion: Case Study of the Treatment of Religion in Educational Institutions  Part 5: Conclusion and Way Forward

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Book SynopsisLegal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.Table of ContentsForward List of Figures and Tables PART 1 Existing Legal Concepts And Disruptive Technologies 1 Tort Law and New Technologies   Eugenia Dacoronia 2 Geo-Blocking and EU Competition Law in the Digital Era   Michele Messina 3 (In)fallible Smart Legal Contracts   Manuel A. Gómez 4 An Analysis on the Application of the UNCITRAL Model Law on Electronic Transferable Records on Contract Automation and Metadata   Jurij Lampic & Irene Ng (Huang Ying) 5 The Electronic Devices Used for Testamentary Disposition Under Polish Law   Wojciech Banczyk 6 EU Customs Regulation, Patent Assertion Entities and the New Surge of Abusive Practices in Europe   Matteo Dragoni PART 2 The Impact Of Digitalization On Privacy And Fundamental Rights 7 General Data Protection Regulation, Fundamental Rights and Private International Law   Giulia Rossolillo 8 Legal and Ethical Implications of eHealth Big Data———A Comparative Perspective between Japan and Catalonia   Albert Ruda 9 Artificial Intelligence in Criminal Courts  Opportunity or Threat?   Luca Lupària Donati 10 Coping with Identity Theft and Fear of Identity Theft in the Digital Age   Naci Akdemir 11 Algorithmic Dispute Resolution  Will the Decision of a Robo-Arbitrator Fall under the New York Convention?   Rafael Carlos del Rosal Carmona 12 Social Media as Monitoring Tools in the Workplace  A Threat to Employees’ Right to a Private Life?   Stefania Casiglia PART 3 Implementing New Technologies In The Legal Field 13 Blockchain and Its Impact on Human Rights   Ana Mercedes López Rodríguez 14 The Spoken Word, the Written Word and the Digital Word  Discursive Discontinuities and Change of Legal Canons   Flávia Noversa Loureiro 15 Personalization of Consumer Contracts—Should We Personalize Interpretation Rules?   Katarzyna Południak-Gierz 16 The Fate of Law as Technology and Technology as Legal Reasoning  The Red Queen Effect in Smart Cities   María Luisa Gómez Jiménez Index

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Book SynopsisA Geo-Legal Approach to the English Sharia Courts: Cases and Conflicts adopts a new methodological perspective that combines Comparative Law with Geopolitics to understand the phenomenon of the English ‘sharia courts’. This term is used as a geopolitical representation of specific Islamic ADR institutions. The geo-legal analysis illustrates the competition of the legal systems involved and brings you in the middle of the related conflict, where (official and unofficial) legal rules are used by various actors to defend their ideas of Law and implement their strategies. Accordingly, the geo-legal operational analysis helps assess the possible changes occurring in the relationship between the legal systems and their substratum of values. Funding for the research associated with this book was provided by the University of Campania “Luigi Vanvitelli” – Dept. of Political Science and by the Italian Ministry of University and Research through the National Project (PRIN 2017 n. 20174EH2MR) on “International Migrations, State, Sovereignty, Human Rights: open legal issues” directed by Prof. Angela Di Stasi and Prof. Ida Caracciolo.Table of Contents

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Book SynopsisThis book places under scrutiny for the first time, whether, and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council’s response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.Table of ContentsChallenges of Protection Foreword Preface Introduction 1 Promoting Protection  1 Introduction  2 The Universal Periodic Review  3 Standard-Setting  4 Cooperation with National Human Rights Institutions  5 Business and Human Rights  6 Indigenous Populations  7 Minorities  8 Slavery and Slavery-Like Practices  9 Racism and Racial Discrimination  10 Human Rights Defenders  11 Studies  12 Human Rights Education and Training  13 Country Rapporteurs, Thematic Rapporteurs and Working Groups  14 World Campaign on Human Rights  15 Cooperation with Related UN Organs  16 Cooperation with Regional Human Rights Bodies  17 Conclusion 2 Universality  1 Introduction  2 The Universal Periodic Review  3 Philosophical Universality  4 Universality of Human Rights under International Law: The International Bill of Human Rights  5 Challenges to Universality  6 Defending Universality  6.1 The Democratic Test Of Universality  6.2 The Bases of Universality  6.3 Challenges of Implementation  6.4 Normative Universality  6.5 Universality in the UN Human Rights Council: The upr Process  6.6 Political Universality  6.7 The Universality of International Law  6.8 Populism and Universality  6.9 Global Poverty and Universality  6.10 Gross Violations of Human Rights and Universality  6.11 Democratic Universality/Peoples’ Universality  6.12 Universality as an Idea  6.13 Universality as a Goal  6.14 Universality as a Normative Concept  7 Conclusion 3 Protection  1 Introduction  2 Efforts for International Protection  3 The Human Rights Council  4 High Commissioner’s Updates to the Human Rights Council on Situations of Concern  5 Protection Activities of Special Procedures of the Council  6 Conclusion 4 Prevention  1 Introduction  2 Pronouncements of the Council on Prevention  3 Preventive Actions of Special Procedures of the Council  4 Early Warning from the UN High Commissioner  5 Tackling Root Causes of Violations  6 Conclusion 5 Urgent Action  1 Introduction  2 Special Sessions of the Council  3 Urgent Actions by the President of the Council  4 Urgent Actions by the High Commissioner at the Request of the Council  5 Conclusion 6 Good Offices  1 Introduction  2 Urgent Communications to Governments  3 Confidential Complaints Procedure  4 Good Offices by the President of the Human Rights Council  5 Conclusion 7 Fact-Finding  1 Introduction  2 Principles of Fact-Finding  2.1 Do No Harm  2.2 Independence  2.3 Impartiality  2.4 Transparency  2.5 Objectivity  2.6 Confidentiality  2.7 Credibility  2.8 Visibility  2.9 Integrity  2.10 Professionalism  2.11 Consistency  3 The Special Procedures and Commissions of Inquiry  4 Conclusion 8 Redress  1 Introduction  2 Principles of Redress  3 Right to Truth  4 Expressions of Concern Over, or Condemnation of Gross Violations  5 Accountability  6 Transitional Justice  7 Evaluation  8 Conclusion 9 Justice  1 Introduction  2 The Decline of Democracy in the World  3 The Decline of Human Rights Justice in the World  4 The Idea of Justice in Philosophical Literature  5 The Idea of Justice in the International Bill of Human Rights  5.1 Equal Enjoyment of Enumerated Rights  5.2 Non-Discrimination  5.3 Discrimination Versus Distinction  5.4 Affirmative Action  5.5 General Comment 4/13 of the Human Rights Committee (Gender Equality)  5.6 The Beijing World Conference on Women’s Rights (1995)  5.7 Equitable Life Chances  6 The Human Rights Council’s Contributions to the Global Quest for Justice  7 The Human Rights Council as a Forum for Seeking and Promoting Global Justice  7.1 Global Hunger  7.2 Widespread Lack of Access to Medicine  7.3 Widespread Lack of Access to Safe Drinking Water and Sanitation  7.4 World-Wide Discrimination Against Women  7.5 Child, Early and Forced Marriage in Times of Crisis, Including the covid-19 Pandemic  7.6 Pervasive Gross Violations of Human Rights  7.7 Afro-Descendants  7.8 lgtbq s  7.9 Albinism  8 Conclusion 10 Jurisprudence  1 Introduction  2 The Architecture of International Law: Principles of the UN Charter  3 Normative Instruments: Treaties and Declarations  4 Principles on Human Rights and the Environment  5 Human Rights and Climate Change  6 The Right to Peace  7 Promotion of a Democratic and Equitable International Order  8 Human Rights: International Cooperation and International Solidarity  9 Guiding Principles on Business and Human Rights  10 National Infrastructure  11 Protection of Human Rights While Countering Terrorism  12 Rights to Freedom of Peaceful Assembly and of Association  13 Protection from Arbitrary Detention  14 Protection of Human Rights Defenders  15 Right to Truth  16 Transitional Justice  17 Protection of Civilians in Armed Conflict  18 Right to Food  19 Human Rights and Access to Safe Drinking Water and Sanitation  20 Access to Medicine  21 Guiding Principles on Extreme Poverty and Human Rights  22 Rights of Peasants  23 The Human Rights of Older Persons  24 Basic Principles and Guidelines on Development-Based Evictions and Displacement  25 Trafficking in Persons  26 Mercenarism  27 Conclusion Conclusion Bibliography Index

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Book SynopsisThis book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.Table of ContentsList of Figure part 1 Introduction 1 Introduction  1.1 Introduction  1.2 Background  1.3 The Absence of International Legal Agreements Regulating Oil Pollution Damage from Offshore Subsoil Activities  1.4 The Barents Sea  1.5 Limitations and Assumptions throughout the Book 2 Sources of Law in Norway and Russia  2.1 Introduction  2.2 Sources of Law – Norway  2.3 Sources of Law – Russia  2.4 Some Comments on Legal Reasoning  2.5 Materials Used 3 Principles and Considerations in Norwegian and Russian law  3.1 Introduction  3.2 The Use of the Terminology ‘Legal Principle’ in This Book in Relation to Norwegian and Russian Law  3.3 The International Environmental Polluter Pays Principle – from an Economic to a Multi-version Principle  3.4 Common Consideration in Norwegian and Russian Law  3.5 Norwegian National Considerations with Respect to Chapter 7 of the Petroleum Act  3.6 Russian National Considerations  3.7 Comparative Notes  3.8 Conclusions 4 Liability for Pollution Damage in the Barents Sea  4.1 Introduction  4.2 Liability for Pollution Damage in Norway  4.3 Liability for Pollution Damage in Russia part 2 Procedural Law Issues: Choice-of-Law, and Recognition and Enforcement of Foreign Judgments 5 Choice of Law Rules in the Petroleum Act and the Civil Code  5.1 Introduction  5.2 Two Cross-Border Pollution Scenarios  5.3 A Harmed Russian Party Filing a Claim for Compensation in a Norwegian Court for Harm Inflicted to the Russian Party, When Located in the Russian Part of the Barents Sea, by a Norwegian Company Located in the Norwegian Part of the Barents Sea  5.4 A Harmed Norwegian Party Filing a Claim for Compensation in a Russian Court for Harm Inflicted to the Norwegian Party Located in the Norwegian Part of the Barents Sea by a Russian Company Located in the Russian Part of the Barents Sea  5.5 Conclusion of Choice of Law 6 Recognition and Enforcement of Foreign Judgments in National Courts Absent an International Agreement (Enforcement of Norwegian Judgments in Russian Courts and Russian Judgments in Norwegian Courts)  6.1 Introduction  6.2 European Recognition and Enforcement Regimes of Foreign Judgments in Civil and Commercial Matters  6.3 Norwegian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.4 Russian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.5 Conclusion of Recognition and Enforcement of Foreign Judgments Part 3 Substantive Law Issues: Examining Compensability through the Concept of Damage, Losses Suffered by Third Parties, and Harm to the Environment and Its Valuation and Calculation 7 The Definition and Understanding of the Norwegian Concept of “Damage” under the Petroleum Act and the Russian Concept of “Harm” under the Federal Continental Shelf Law and the Federal Environmental Protection Law  7.1 Introduction  7.2 Norwegian Law  7.3 Russian Law  7.4 Comparative Analysis  7.5 Conclusion of Chapter 7 8 Compensability of Losses Suffered by Third Parties: Establishing Protection in Delict Law and Limitation of This Liability through Causation  8.1 Introduction  8.2 Historical Prelude  8.3 Pure Economic Loss and Losses Suffered by Third Parties  8.4 Norwegian Law: the Establishment of Protection in Delict Law and Limitation of Liability through Proximity in Causality and Balancing of Interests  8.5 Russian Law – the Concept of “Unreceived Income”  8.6 Comparative Analysis  8.7 Conclusion on Losses Suffered by Third Parties 9 Compensability of Harm to the Marine Natural Environment Caused by Petroleum Spills  9.1 Introduction  9.2 Values Attributable to the Environment  9.3 Norwegian Law  9.4 Russian Law  9.5 Comparative Analysis  9.6 Conclusion of Chapter 9 10 The Valuation and Calculation of Compensable Damage to the Environment  10.1 Introduction  10.2 The Primary Valuation and Calculation Methods  10.3 The Norwegian Approach to Restoration and Replacement Costs  10.4 The Russian Approach: Market Valuation and Mathematical Formulas  10.5 Comparative Analysis  10.6 Conclusion 11 Conclusions and Policy Recommendations  11.1 Introduction  11.2 Conclusions and Summary of the Book  11.3 Policy Recommendations Annexes Bibliography Index

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Book SynopsisWhat makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.Table of ContentsPreface Acknowledgements List of Figures Abbreviations Notes on Contributors – Excluding the Editors, Marc Maresceau and Christa Tobler Introduction Switzerland and the EU: A Challenging Relationship   Marc Maresceau and Christa Tobler 1 The Policy of Autonomous Adaptation of Swiss Law to EU Law   Matthias Oesch and Mattia Brugger 2 The Agreement on the Free Movement of Persons From the (Almost) Complete Integration of EU acquis on Social Security Coordination to the Absence of Integration of Directive 2004/38   Pauline Melin 3 Sectoral Bilateralism Lessons from the Case Law of the Court of Justice of the European Union   Peter Van Elsuwege 4 The Swiss Posted Workers Act and Free Movement of Services between Switzerland and the European Union   Kurt Pärli 5 covid-19, Switzerland and the EU Pandemic-Related EU Action and Its Legal Effect on Switzerland as Compared to the eea efta States   Christa Tobler 6 Switzerland’s Structural Participation in EU Agencies   Merijn Chamon 7 The Case-by-case Cooperation between the EU and Switzerland in Foreign Policy, Security and Defence   Christophe Hillion 8 The Road to Tax Transparency in Switzerland   Hans-Joachim Jaeger and Katharina Manz 9 A Comparison between the Swiss Cohesion Payments and the eea and Norway Grants   Benedikt Pirker 10 The Shelved Institutional Agreement eu-ch from a Political Science Perspective   René Schwok 11 Switzerland and the EU The Failure of the Institutional Agreement from a Legal Perspective   Christine Kaddous 12 The Federal Council’s Suggested Sectoral Approach Post-26 May 2021 and the Future of EU-Swiss Trade Relations   Michael Hahn 13 Switzerland-UK Trade Relations: A Future Planned by the Past? An Overview of the Trade Agreement between Switzerland and the United Kingdom and Related Agreements   Georges Baur Index

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Book SynopsisWhat is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.Table of ContentsForeword Introduction  Claude Gélinas, Sébastien Lebel-Grenier and Raphaël Mathieu Legault-Laberge The Pachamama, the Trojan Horse of an Indigenous Ontological Diplomacy at the Convention of Biological Diversity?  Ingrid Hall Spiritual, Religious or Cultural? Religion and Sámi Human Rights in the Nordic Countries  Helge Årsheim Indigenous Religious Rights in India  Virginius Xaxa Australia Has Failed to Protect the Religious Rights of Its Indigenous People  Ernst Willheim Kanak Custom and Ancestral Culture in Colonial Context  François Féral The Ainu Struggle for Sovereignty and Religious Freedom  Takeshi Kimura Indigenous Religious Rights in the United States  Allison M. Dussias The Colonial Overtones of Indigenous Religious Rights in Canada  Claude Gelinas The Fundamental Right to Freedom of Religion for Indigenous Peoples in Chile: Intersections with Territorial Rights and Cultural Integrity  Leslie Cloud Exploring the Historical Impact of Colonialism on Indigenous Religious Rights in Nigeria  Abiodun Akeem Oladiti Recognition and Denial of Indigenous Religious Rights in East and Central Africa  Guy Bucumi Indigenous Religious Rights in Taiwan: The Invisibility of Animism in Modern State Law  Scott Simon Integration or Separation? Religious Freedom in Post-Authoritarian Indonesia:The Case of the Indigenous Kaharingan Religion in Central Kalimantan  Mirza Satria Buana From Marginalisation to Self-determination: The Long Walk of First Nations’ Religious Rights in Bolivia  Raphaël Mathieu Legault-Laberge Index

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Book SynopsisThough European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.Table of ContentsPreface 1 The Development of Administrative Law: Fact and Theory 1 Two Visions of Administrative Law 2 Public Administration without Administrative Law 3 Administrative Law as a Defining Aspect of the New State of the World 4 The Transformation of Administrative Law 5 A New Comparative Inquiry 6 Limits to the Inquiry 7 Structure of the Inquiry Part 1 A Diachronic Comparison 2 Judicial Review of Administration: Institutional Design 1 England and France: Ideal-types and Prototypes 2 The Reception of the English Prototype: Belgium and Italy 3 The Reception of the French Prototype: Italy and Belgium 4 The Austro-German Prototype 5 French Systematics in Germany 6 German Systematics in Italy 7 Beyond the State: Judicial Remedies in the European Communities 3 The Judicial Construction of General Principles (1890–1910) 1 An Empirical Analysis 2 Administrative Litigation: Similar Problems 3 Devising Solutions: Legality and Procedural Fairness 4 Devising Solutions: Government Liability 5 The Role of Judge-Made Law and the Place of Legal Theory 6 The Emergence of Common Principles 4 Sowing the Future: Austrian Administrative Procedure Legislation 1 Early Views on the Codification of Administrative Procedure 2 The Austrian Turn: Background 3 The Austrian Turn: Principles 4 An Area of Agreement between Legal Systems 5 A Case of Diffusion 6 The Wider Reach of Austrian Ideas 5 The Development of Administrative Procedure Legislation 1 Moving towards Administrative Procedure Legislation 2 Socialist Legal Systems and the Austrian Legacy 3 Spanish Legislation and Its Diffusion in Latin America 4 The Scandinavian Standard of Fair Procedure 5 Types of States and Administrative Procedure Legislation Part 2 A Synchronic Comparison 6 Commonality and Diversity in Administrative Procedure Legislation 1 The Diversity of Constitutional Foundations 2 The Heterogeneity of Administrative Procedure Legislation 3 An Area of Agreement: Administrative Adjudication 4 The Closest Things to Invariants: Hearings 5 The Closest Things to Invariants: Giving Reasons 6 Diversity: Rulemaking 7 A Factual Analysis: Adjudication 1 Hypothetical Cases 2 Freedom from Bias 3 The Unfair Dismissal of a Civil Servant 4 A License Revocation Inaudita Altera Parte 5 Administrative Detention without Reasons 6 Consultation: The Role of Experts 7 An Area of Agreement 8 A Factual Analysis: Rulemaking 1 Variety of Administrative Rules 2 Standardless Discretion? 3 Consultation before Policy Change 4 Partially Unpublished Rules 5 An Unexpected Area of Agreement 9 Governmental Wrongdoing 1 A Worst-Case Scenario 2 Further Consequences of Procedural Unfairness in Adjudication 3 Contracts: The Unlawful Exclusion of a Tenderer 4 The Violent Police Officer 5 Conclusion Part 3 Commonality and Diversity: An Evolving Relationship 10 Explaining Diversity 1 The Causes of Commonality and Diversity 2 Context Matters: History 3 Context Matters: Mentalités in Public Law 4 Policy Considerations and Change 5 Diverging Traditions: Rules and Legal Formants 6 The Legal Relevance of National Traditions 11 Explaining Commonality 1 The Legacy of ius commune: A Qualified View 2 The ‘Nature of Things’ 3 Legal Transplants: Authority, Prestige, and Quality 4 General Principles 5 Legal Harmonization 6 Institutional Isomorphism 7 The Growing Impact of Common Standards 12 The ‘Common Core’ of Administrative Laws: Concept, Nature, and Extent 1 Factual Analysis and Theory Development 2 The Common Core: An Overview of the Argument to Come 3 The Common Core: Concept and Issues 4 A Dynamic View of the Common Core 5 The Nature of the Common Core 6 The Extent of the Common Core 7 The Variety of Uses of the Common Core Index

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Book SynopsisThe trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.Table of ContentsList of Figures and Tables Notes on Contributors 1 Quantification of Performance as a Regulatory Technique: An Introduction   Mauro Bussani, Sabino Cassese and Marta Infantino Part 1 Justice and Education 2 Revisiting ‘Justice in Numbers’ in Brazil: Quantified Justice, Managerial Judges, and Numeroids as a Regulatory Technique   Pedro Rubim Borges Fortes 3 Performance-Based Evaluation in Mexico’s Federal Administrative Justice Tribunal and the Federal Judiciary Power: A Comparison   Luis José Béjar, Juan Antonio Casanovas and Carlos A. Villanueva 4 Judicial Performance Index in India: Charting a New Course   Manjeri Subin Sunder Raj and Chiradeep Basak 5 Performance Assessment in Courts – the Swiss Case   Andreas Lienhard 6 Admission Algorithms for Affirmative Action in Higher Education: The South African Experience   Viyaleta Farysheuskaya and Patrizio Piraino 7 Quantification and Parameterization of Legal Research: The Case of Poland   Andrzej Jakubowski Part 2 National Policy Making 8 Algorithmic Decision-Making and Public Sector Accountability in Africa - New Challenges for Law and Policy   Raenette Gottardo 9 Governance and Quantification of Performance in China   Ivan Cardillo 10 Use and Abuse of Quantitative Methodology for Policy Making in Japan   Tatsuhiko Inatani and Masahiko Kinoshita 11 Measuring Human Rights Performance in the UK: Liberalism, Communitarianism, and the Equality and Human Rights Commission’s ‘Drunkard’s Search’   David McGrogan Part 3 Transnational and International Market-Related Activities 12 Profiling in Algorithm-Based Decisions: An African Perspective   Salvatore Mancuso and Livio Corselli 13 Trust in an ‘Omnimetric Society’? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies   Teresa Rodríguez de las Heras Ballell 14 Performance Measurements in Compliance with Corporate Social Responsibility Obligations   Lukas Heckendorn Urscheler 15 The Role of International Organizations in the Production of Legal Metrics   Kevin E. Davis 16 Quantification of Performance as a Regulatory Technique: A Comparative Appraisal   Mauro Bussani, Sabino Cassese and Marta Infantino Detailed Table of Contents Index

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