Comparative law Books

Book SynopsisThis volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way. Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.Trade ReviewThe press about volume 1 in the series: "[The book] succeeds as an excellent point of entry to what at times can seem like a highly complex subject. [..] [The editors] and their fellow contributors have undoubtedly got the new series off to the strongest possible start." – Warren Swain, The Edinburgh Law ReviewTable of ContentsNotes on Contributors Western Legal Traditions: An Introduction   Aniceto Masferrer, C.H. van Rhee, Seán P. Donlan and Cornelis Heesters 1 Antiquity (753 bc–565 ad)   Jan Hallebeek 2 Early Middle Ages (500–1100)   Stephan Dusil, Bernd Kannowski and Gerald Schwedler 3 High and Late Middle Ages (1100–1500)   Dirk Heirbaut and Heikki Pihlajamäki 4 From Ius Commune Multi-normativity to a Sovereign Legislator (1500–1650)   Adolfo Giuliani 5 1650–1775   Jean-Louis Halpérin 6 Revolutionary Period and Nineteenth Century (1776–1900)   Aniceto Masferrer and C.H. van Rhee 7 Contemporary Period (1900–Present)   Olivier Moréteau, Agustín Parise and Jacques Vanderlinden† Index

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Book SynopsisThis volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way. Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.Table of ContentsNotes on Contributors Western Legal Traditions: An Introduction   Aniceto Masferrer, C.H. van Rhee, Seán P. Donlan and Cornelis Heesters 1 Antiquity (753 bc–565 ad)   Jan Hallebeek 2 Early Middle Ages (500–1100)   Stephan Dusil, Bernd Kannowski and Gerald Schwedler 3 High and Late Middle Ages (1100–1500)   Dirk Heirbaut and Heikki Pihlajamäki 4 From Ius Commune Multi-normativity to a Sovereign Legislator (1500–1650)   Adolfo Giuliani 5 1650–1775   Jean-Louis Halpérin 6 Revolutionary Period and Nineteenth Century (1776–1900)   Aniceto Masferrer and C.H. van Rhee 7 Contemporary Period (1900–Present)   Olivier Moréteau, Agustín Parise and Jacques Vanderlinden† Index

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Book SynopsisOur society has never been so internationally connected. Companies operate worldwide, retail shelves are filled with products from far and wide, people travel like never before and maintain contacts from Afghanistan to Zimbabwe. Distant countries have never been so close. Anyone who is practising law today cannot escape this and will increasingly be confronted with cross-border legal issues. Therefore, today’s jurists are expected to have knowledge of their own legal system as well as the law of foreign countries. For this reason, comparative law is integrated today in nearly every law programme at university. Comparing Law offers you an introduction to comparative law. What is comparative law? Why do we compare law and, above all, what methodology does the discipline adopt? These and many other questions are discussed in Part 1 on law comparison as methodology and science. Further parts introduce you to the law of some key jurisdictions. A selection of European countries, such as the UK, France and Germany are covered along with Belgium and the Netherlands. Not only global players, such as the United States, Russia, China, Japan, India and Brazil, are highlighted, but the law of Israel, Islamic law and African legal systems are presented as well. Last but not least, comparative law in practice is also illustrated by approaching a number of topics – both of public law and private law – in a comparative way. Danny Pieters and Bert Demarsin help the reader to understand and appreciate how the law differs from country to country. Enjoy this fascinating and comparative journey of discovery through the world and its legal systems.

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Book SynopsisSince 2001, quality of employment' has been at the core of the political, academic and practical agenda, and has fed a wide-ranging debate. For the first time, a scientific work takes stock of the legal and normative understanding of quality of employment in Europe. In order to develop an interdisciplinary dialogue, the book underlines the importance of law in the debate on quality of employment and suggests how European concepts and tools might be adapted to enrich scientific reflection by employing a rigorous legal approach. To this end, the authors analyse the relevance of the concept of quality of employment in international, European and comparative law, examining a range of topics such as collective and labour rights, social security, non-discrimination and equality at work. Lastly, the authors examine the topic from the Capabilities' perspective, proposing concrete and realistic paths for maintaining the European concept of quality of employment and European social Law in the framework of the ILO Decent Work Agenda.

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Book SynopsisIndependence and impartiality are key to any judicial process. The dualistic nature of arbitration, i.e., being judicial and contractual, raises the question of how to set the standard of independence and impartiality in arbitration. On the one hand, arbitrators are decision makers similar to judges. On the other hand, they solve disputes outside the courtroom and are (often) appointed by the parties due to their individual expertise.Against this backdrop, this book analyses the state of play of independence and impartiality. It provides an overview of the current status of independence and impartiality applied in international commercial arbitration, focusing on case law from France, Germany, Switzerland, the United Kingdom, and the United States. The core themes are possible grounds for finding dependence and partiality and their streamline in theoretical standards of independence and impartiality. Additionally, consequences of independence and impartiality are addressed, including the obligation to disclose.This book is useful for practitioners and scholars alike. It may help counsels preparing a challenge, arbitrators defining their obligation to disclose, and scholars analysing independence and impartiality on a more general basis.Table of ContentsList of Abbreviations; Acknowledgements; Introduction; 1 Introduction to International Commercial Arbitration; 2 Applicable Laws, Rules, and Guidelines; 3 Overview of the Compared Legal Systems; 4 Conflicts of Interest; 5 Other Potential Grounds for Challenge or Annulment Based on Dependence and Partiality; 6 The Applicable Standard of Independence and Impartiality; 7 Consequences; 8 Conclusion and Outlook; Bibliography; Table of Cases; Index

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Book SynopsisThis book provides a detailed analysis of the different principles that shape the constitutional background of campaign finance law. Through three indicative country specific examples, the author examines legislation and jurisprudence that reflect such principles and demonstrate the common and different approaches in this upcoming field of law as driven by different constitutional traditions.This is the first time in legal scholarship that such an analytical effort is made to draw universal conclusions on campaign finance law principles. The US, the UK and Greece represent different jurisdictional examples of regulatory evolution in the effort to control the effect of money in politics. The author achieves to set the foundations of a practical and academic debate on global campaign finance reform.The book is a useful tool for public law scholars, political scientists as well as politicians and legal practitioners who are faced with campaign finance regulation and enforcement questions in the three jurisdictions and globally.Table of ContentsChapter 1 Introduction; Chapter 2 The Constitutional Framework of Campaign Finance Regulation: Fundamental Principles; Chapter 3 Campaign Finance Regulation in the U.S.; Chapter 4 Campaign Finance Regulation in the U.K.; Chapter 5 Campaign Finance Regulation in Greece; Chapter 6 Comparative Assessment; Chapter 7 Towards Campaign Finance Reform; List of Cases

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Book SynopsisComparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies. A broad definition of constitutional justice is adopted, which revolves around the following taxonomy: 1) the legality of norms, 2) the conformity of actors’ behaviours with the distribution of sovereign powers and 3) the compliance with international covenants on human rights. This tripartite classification complements a further criterion based on the graduation in the intensity of this review. This indeed ranges from a minimum scrutiny limited to legislation (‘nomocratic review’) to a maximum scrutiny encompassing all state activities (‘pantocratic review’). The proposed classification will provide readers with a critical toolbox when it comes to examining the pluralism which characterises the systems of constitutional adjudication around the world.Table of ContentsList of Abbreviations; 1 Defining Comparative Constitutional Justice; Part I Constitutional Review: The Legality of Norms; 2 Prototypes of Constitutional Litigation; 3 Dissemination, Alteration and Deformation of Constitutional Justice; 4 Variables of Constitutional Justice; Part II Pantocratic Review and the Distribution of Sovereign Powers; 5 Judicial Review on Federal Grounds; 6 Judicial Review and Sovereign Powers; 7 Constitutional Adjudicators and Frame of Government; Part III Human Rights Protection and Democratic Difficulties; 8 Varieties of Judicial Review: Constitutional, Treaty-Based and Transnational; 9 Almighty Judges? The Legitimacy of Constitutional Review

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Book SynopsisThis book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.Table of ContentsIntroduction Thematic Statement Section I. Contemporary Discourse on Private International Law – Some Strands 1. South Asian Legal Systems and Families in Foreign Courts: The British case -- Prakash A. Shah, Reader in Culture and Law, Queen Mary University of London 2. Choice of Law in International Commercial Arbitration - Markus Petsche, Associate Professor, Legal Studies Department, Central European University, Budapest, Hungary3. The Hague Convention on Choice of Court Agreements – Should the European Union’s footsteps be Followed? - Dr. Poomintr SOOKSRIPAISARNKIT, City University of Hong Kong Section II. Private International Law in South Asia – States’ Practice in Family Law space 4. Conflict of Laws – State Practice in Afghanistan -- Wali Mohammed Naseh, Professor of law, University of Kabul 5. Conflict of Laws – State Practice in Nepal - Apurba Khatiwada, Attorney at Law, Prudent Legal Services, Kathmandu, Nepal 6. Conflict of Laws – State Practice of Bangladesh - Mohammed Abdur Razzak, Barrister and Solicitor, Canada, & Advocate, Bangladesh 7. Cross-border divorce regime in Bangladesh -- Md Sanwar Hossain, Barrister at law, Advocate, Supreme Court of Bangladesh 8. Cross-border Divorce - Sri Lankan State Practice -Ruwani Dantanarayana and John Wilson, JOHN WILSON PARTNERS, Colombo, Sri Lanka 9. Cross-Border Divorce Decrees - Recognition in India and Public Policy Considerations - Vasanthi N., Professor, NALSAR University of Law, Hyderabad, India 10. Foreign judgments in Matrimonial disputes – Recognition in Nepal and Public Policy Considerations - Srijana Regmi, Legal Officer, Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs, Nepal 11. Recognition and Enforcement of Foreign Judgments in Pakistan – Public Policy Considerations - Amanullah Malik, Assistant Professor, Faculty of Law, Punjab University, Lahore, Pakistan < 12. Cross-Border Surrogacy: Indian State Practice - Stellina Jolly, Assistant Professor, Faculty of legal Studies, South Asian University, New Delhi 13. Inter-Country Child Abduction – India’s Legal response - Molshree A. Sharma, Attorney & Partner at Mandel, Lipton, Roseborough and Sharma, Ltd., Greater Chicago area, USA 14. Inter-Country Child Abduction - Pakistan’s Legal response - Sarmad Ali, Advocate High Court, Lahore, Pakistan15. Inter-Country Child Abduction – Sri Lankan Legal Response - Rose Wijesekera, Department of Private Law, Faculty of Law, University of Colombo, Sri Lanka. Section III - Private International Law in South Asia – States’ Practice in Commercial Law space 16. Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Bangladesh Perspective - Maimul Ahsan Khan, Professor of Law, University of Dhaka, Bangladesh 17. Enforcement of Foreign Arbitral Awards in Bangladesh - Sameer Sattar, Barrister (Lincoln's Inn); Advocate (Bangladesh Bar) 18. Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: An Indian Perspective - Sai Ramani Garimella, Faculty of Legal Studies, South Asian University, New Delhi, India 19. Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Pakistan Perspective -Ijaz Ali Chisti, Supreme Court of Pakistan, Islamabad, Pakistan 20. Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Sri Lankan Perspective - Justice Saleem Marsoof, P.C 21. Private International Law Issues in Intellectual Property Cases in India - Vandana Singh, Assistant Professor of Law, USLLS, Guru Gobind Singh Indraprastha University, Delhi India Conclusion Glossary

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Book SynopsisThis book investigates pesticide compliance in China in order to provide a more comprehensive understanding of compliance and offers some feasible and adaptable suggestions for enhancing the effectiveness of this compliance. It discusses the weak implementation of Chinese laws and rules and emphasizes the necessity and importance of a compliance perspective in China that focuses on why laws are obeyed or broken. It examines how vegetable farmers’ perceptions of amoral calculation affect their pesticide compliance behavior and analyzes how the legitimacy of law is related to compliance to better explain how all the variables interact to shape compliance. It discusses both qualitative and quantitative methods, and uses a large-N qualitative approach, which allows for systematic analysis and in-depth exploration. This book will help readers to understand compliance in developing China by adopting and developing compliance theories which are broadly developed in the West.Table of ContentsIntroduction.- Setting the Theoretical Framework and Methodology.- Subjective Rational Compliance Calculation and Deterrence: Theory and Empirical Evidence.- Situational Compliance Legitimacy: Theory and Empirical Evidence.- Capacity and Pesticide Compliance: Theory and Empirical Evidence.- The Many Roads to Compliance: Explaining the Complexity of Patterns Contributing to Pesticide Compliance.- A Conclusion from the Chinese Pesticide Compliance Study.- References.- Appendix.- Summary.

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Book SynopsisThis book provides a comparative overview of the rules of EU, US, and Japanese law on com-petition. After an overview of their history and the underlying economic issues, it compares perspectives on cartels and other agreements restraining competition (ancillary agreements, R&D/specialization agreements, distribution agreements); single-firm conduct (abuse of dom-inant market power/monopolization); general procedural law and merger control, and state measures such as regulation and subsidies. In each case, the presentation of the legal system is supplemented by examples from the case law. With a focus on the protection of competition in digital markets, new regulatory approaches (e.g., the EU Digital Markets Act and comparable US regulatory initiatives) are evaluated and current legal developments in other jurisdictions are addressed.

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

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Book SynopsisAs global great power competition intensifies, there is growing concern about the geopolitical future of Antarctica. This book delves into the question of how can we anticipate, prepare for, and potentially even shape that future? Now in its 60th year, the Antarctic Treaty System has been comparatively resilient and successful in governing the Antarctic region. This book assesses how our ability to make accurate predictions about the future of the Antarctic Treaty System reduces rapidly in the face of political and biophysical complexity, uncertainty, and the passage of time. This poses a critical risk for organisations making long-range decisions about their policy, strategy, and investments in the frozen south. Scenarios are useful planning tools for considering futures beyond the limits of standard prediction. This book explores how a multi-disciplinary focus of classical geopolitics might be applied systematically to create scenarios on Antarctic futures that are plausible, rigorous, and robust. This book illustrates a pragmatic, nine-step scenario development process, using the topical issue of military activities in Antarctica. Along the way, the authors make suggestions to augment current theory and practice of geopolitical scenario planning. In doing so, this book seeks to rediscover the importance of a classical (primarily state-centric) lens on Antarctic geopolitics, which in recent decades has been overshadowed by more critical perspectives. This book is written for anyone with an interest in the rigorous assessment of geopolitical futures - in Antarctica and beyond.Table of ContentsIntroduction.- History of Antarctic territorial claims and spatial contestation.- Scenario analysis and the limits of prediction.- Objectives, approaches and techniques.- Antarctic geopolitics: Background.- Militarisation of Antarctica.- Antarctic militarisation: Scenario analysis.- Antarctic militarisation: Five scenarios.- Scenario analysis and the classical view of geopolitics.- Conclusion.

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Book SynopsisThis book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.Table of ContentsJudicial Review of Arbitration Agreement.- Multi Contracts and Conflicting Dispute Resolution Provisions.- Arbitration Institution and Place.- Parties.- Arbitrator and Tribunal.- Arbitral Procedures.- Evidence.- Arbitrability and Arbitral Scope.- Arbitral Awards and Decisions.- Public Policy.- Main China Arbitration Institutions and Judicial Review Decisions.- Recognition and Enforcement of New York Convention Awards in China.

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