Comparative law Books

Book SynopsisRecent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism. Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook's unique insight.Trade Review'David Landau and Hanna Lerner, among the most knowledgeable students of constitution making, have gathered a highly qualified group of contributors from around the world to produce an exceptionally wide-ranging and informative volume. Scholars and practitioners will be able to benefit from this remarkable collection for years to come.' --Donald Horowitz, author of Constitutional Change and Democracy in Indonesia (CUP)'David Landau and Hanna Lerner have skillfully curated a comprehensive, state-of-the-art collection of essays on the theory and practice, political virtuosity and legal craft of constitution making across time and place. Refreshingly cross-disciplinary in its approach, this volume is an essential read for comparative constitutional scholars, jurists, activists and constitution drafters worldwide.' --Ran Hirschl, University of Toronto, Canada'A stellar group of scholars offers a set of superb essays on constitution making. Combining explicitly theoretical contributions and country and regional studies deeply informed by constitutional theory, this book marks a major advance in our understanding of constitution-making around the world.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Introduction Hanna Lerner and David Landau Part I: Foundations 2. Revolutions and Constitution-Making Andrew Arato 3. Constitution Making and Social Transformation Heinz Klug 4. International Involvement in Constitution-Making Cheryl Saunders 5. Constituent Power, Primary Assemblies, and the Imperative Mandate Joel Colon-Rios 6. Amendment and Revision in the Unmaking of Constitutions Richard Albert Part II: Techniques and Processes 7. The Constitutional Referendum in Historical Perspective Zach Elkins and Alexander Hudson 8. Constitutional Design Deferred Rosalind Dixon 9. Making Constitutions in Deeply Divided Places Brendan O'Leary 10. Civil society, participation and the making of Kenya’s constitution Yash Ghai 11. How Constitutional Crowdsourcing can Enhance Legitimacy in Constitution-Making Carlos Bernal Part III: Contexts and Contents 12. Religion and Constitution-Making in Comparative Perspective Asli Bali and Hanna Lerner 13. Constitution Making and State Building Joanne Wallis 14. The Making of ‘Illiberal Constitutionalism’ with or without a New Constitution: The Case of Hungary and Poland Gabor Halmai 15. Constitution Making: The case of ‘Unwritten’ Constitutions Janet McClean 16. The Making of Constitutional Preambles Justin Frosini Part IV: Historical Perspectives 17. Constitutionalism Ancient and Oriental Patricia Springborg 18. First Constitutions: American Procedural Influence Lorianne Updike Toler 19. National Identity and Constitutions in Modern Europe: Into the Fifth Zone Bill Kissane and Nick Sitter 20. Constitution Making and Constitutionalism in Europe Chris Thornhill Part V: Regional Perspectives 21. The Unsurprising but Distinctive Nature of Constitution Writing in the Arab World Nathan Brown 22. Constitution Crafting in South Asia: Lessons on Accommodation and Alienation Menaka Guruswamy 23. Constitution-making and Public Participation in Southeast Asia Melissa Crouch 24. Voluntary Infusion of Constitutionalism in Anglophone African Constitutions Francois Venter 25. Post-Soviet Constitution-Making Will Partlett 26. Constituent Power and Constitution-Making in Latin America David Landau Index

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Book SynopsisLawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book seeks to make explicit the analysis the lawyer engages in every time he or she is confronted by the operation of several laws in different contexts. This reasoning is organised according to a basic three-step approach, consisting of the comparison (Part 1), combination (Part 2) and, finally, ordering or 'prioritization' (Part 3) of the methods and solutions of national, international and European law to be used to solve the case. The book conveys in detail how the law is operated through a wide range of concrete examples cutting across domains including criminal law, contract law, fundamental rights, internal market, international trade and procedure. This book focuses on the needs of a global lawyer who must reach conclusions in a pluralistic context. Illustrations from the domestic case law of the UK, Germany, Belgium, Italy, Spain, France and the US are used to demonstrate how lawyers can combine different contexts to improve their legal reasoning. Operating Law in a Global Context will appeal to lawyers in these jurisdictions and beyond, as well as to students training to practice in a global environment.Trade Review'This highly original book is a study in global legal reasoning to solve international cases. Departing from concrete cases taken from a number of domestic systems it shows lawyers that in order to reach a solution their reasoning must be organised according to a three-step approach, consisting of (I) comparison, (II) combination and (III) establishing priority of the methods and solutions of national, European and international law. The detailed discussion cuts across many domains, including criminal law, contract law, fundamental rights, internal market, international trade and procedure.' --Arthur Hartkamp, Professor of European Private Law, Radboud University, NijmegenTable of ContentsContents: Introduction Part I Comparing national, international and European law 2. Comparing scopes of application 3. Comparing conditions of enforceability 4. The comparison of methods and solutions Part II Combining national, international and European law 5. The complementarity of laws 6. The phenomenon and the constraint of circulation Part III The Prioritization of National, International and European Law 7. Prioritization through the application of the law on one level: the appeal to a hierarchy of norms 8. Prioritization through the application of the law at another level: the appeal to a prioritized law 9. Conclusion Index

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Book SynopsisWhile their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This book presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and constitutional systems in which they are situated. Constitutional Preambles illuminates the great variety that constitutional preambles display. The authors discuss the different styles, legal and non-legal functions, and content of the preambles, as well as analysing their use in the courts. This work also contains a carefully curated anthology of the world's preambles in English.Trade Review'What emerges from this crisp and comprehensive account is an appreciation of how the constitutional preamble, perhaps more than any other legal form, declares the existence of the people who commit to abide by a set of collective, public principles. By excavating and elucidating these anchoring constitutional commitments, the book is as much a resource for constitutional theory as for comparative constitutional law.' --Kevin M. Stack, Vanderbilt University Law School'Preambles are sometimes called the ''mission statements'' of the Constitution, but are rarely examined in comparative perspective. In this comprehensive study, Voermans, Stremler and Cliteur integrate quantitative and qualitative analysis to explore the world of constitutional preambles across time and space. The result is a fascinating and entertaining survey that will enlighten students of comparative constitutionalism as well as political idiom and discourse. Highly recommended.' --Tom Ginsburg, University of Chicago Law School'[The authors] have written the definitive guide to preambles. This book answers so many of the questions we might have about preambles - why and how they are written and by whom, when and where they emerged, and what they contain - and it moreover suggests new ones that will enliven the study of constitutional preambles for many years to come.' --Richard Albert, Boston College Law SchoolTable of ContentsContents: 1. Introduction 2. Preambles: a Stocktaking 3. The Content of Preambles 4. The Language of Preambles 5. The Functions of Preambles 6. Two Prototypes: the US and France 7. Preambles from Other States 8. By Way of Conclusion: the Mystery and End of Preambles Index

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Book SynopsisThis global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge. Trade Review'Kuruk, one of the foremost scholars in intellectual property law, provides a very comprehensive and ground-breaking account of various international, regional and national initiatives and frameworks for the protection of traditional knowledge. This is a must-read and indispensable resource for IP law professors, students and practicing IO/NGO lawyers.' --Edward Kwakwa, World Intellectual Property Organization'Paul Kuruk has been a respected commentator and actor on the emerging law of traditional knowledge for two decades. This book's scope is breathtaking, covering all of the institutions involved in the subject and at all levels from global to local. Its comprehensiveness, and its informed analysis of the state of the art, makes it an essential text for students, teachers, and policymakers.' --Graham Dutfield, University of Leeds, UK'For more than two decades, Paul Kuruk has actively engaged in the academic and policy debates on traditional knowledge and intellectual property. Building on his lifelong work, this comprehensive, informative and globally oriented primer makes a complex and contentious debate accessible. The book not only explains why traditional knowledge deserves protection, but helps us understand the myriad international efforts, domestic laws, customary practices and reform proposals.' --Peter K. Yu, Texas A&M University, USTable of ContentsContents: INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS 1. Terminology 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES 4. International Intellectual Property Law 5. Folklore, Cultural Heritage and Traditional Knowledge 6. Genetic Resources and Biodiversity Conservation 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES 8. Emerging Trends of Protection in Africa 9. Perspectives from the United States 10. Views from Oceania 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS 12. Complementary Laws and Policies 13. The Customary Law Option 14. Preventing Misappropriation: The Disclosure Requirement 15. Reciprocity and Mutual Recognition Agreements Index

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Book SynopsisLaw's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law.These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.Trade ReviewWith magnificent scope, Law's Political Foundations leads the reader through government structure, political regimes, and law throughout the world. Haley's work deftly explains why China, Japan, Europe, and Latin America developed different forms of public and private legal regimes. Geography, war, agriculture, and belief shaped government and law; this novel framework permits Haley boldly to straddle empires and centuries in this captivating study of legal development. --M.C. Mirow, University of Edinburgh Law School, UK, and Florida International University College of LawIn Law's Political Foundations, John Haley brings a lifetime of thinking about the deep issues of comparative law to this fascinating exploration of the geographical roots, as well as the implications, of the very different regimes of public law, private law, and private ordering that respectively dominated the civilizations of China, Western Europe, and Japan. And although the West still speaks the language of private law, he argues, it is the public law paradigm first perfected in China that is becoming dominant in the modern state. There is much food for thought in this stimulating and provocative book. --Donald C. Clarke, The George Washington UniversityIn this breathtaking account, John Haley gives us a magisterial tour de force. He asks questions of astonishing breadth: when do societies rely on public law regimes, and when on private law regimes? He explores these universal puzzles with a relentless focus on the particular. In exquisite detail, he traces the way legal regimes developed historically across a wide range of countries. And he ties the developments to changes in religion, in economic production, in military extraction, and in transportation and communication facilities. Old questions, new answers - at root, Haley concludes: ''legal institutions develop in conjunction with the capacity of rulers to appropriate wealth and acquire revenue and the demands or needs they confront for the allocation of the material resources they control.'' Haley masterfully traces the interplay of rules, norms, laws, religious injunctions, and the demands of economic production and military extraction. --Mark Ramseyer, Harvard Law SchoolTable of ContentsContents: Introduction 1. Defining Law’s Political Foundations 2. Rivers, Rifles, Rice, and Religion: Paradigms and Trajectories of Legal Change 3. Rivers, Rifles and Rice: Foundations of Public Law and Private Ordering in China 4. Rice and Rifles: Foundations of Private Law and Private Ordering in Japan 5. Rivers, Rifles, and Religion: The Primacy of Private Law in Western Europe 6. Rifles and Religion: The Transformation and Transplantation of Western Law in Hispanic America Epilogue: Beyond Magellan’s World Index

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Book SynopsisWith the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective. With eminent international contributors, Regulatory Reform in China and the EU sets out a reform agenda by addressing financial markets, social and administrative regulation, and environmental protection. The first part of the book discusses the banking sector reform and the stock market regulation concerning institutional investors, insider trading and private enforcement. A second part discusses contract law and considers how EU state aid policy could also influence reform on (local) government in other jurisdictions. Thirdly, environmental pollution and the need for stricter regulation are considered, with a focus on the possibilities of investment in new technology, such as offshore carbon capture and storage, economic growth and the nexus between WTO law and climate change. The fourth and final part of the book provides an essay by Jonathan Klick on the empirical analysis of regulation, with a particular focus on field experiments in China. Academics and postgraduate students of both Economics and Law with a particular interest in regulation will find this book valuable and compelling. Policy-makers and practitioners will also benefit from the insights revealed by the collaboration of lawyers and economists.Contributors include: R. Chen, Y. Chen, J. Dai, M.G. Faure, S. Feng, B. Gui, H. Jiye, J. Klick, W. Li, R.A. Partain, N. Philipsen, X. Tao, S. Weishaar, G. Xu, W. Xu, T. Zhou, Q. ZhouTrade Review'The Republic of China's economy may have advanced in leaps and bounds but does it have the regulatory framework to meet the needs of the 21st century? Against the background of an important Chinese initiative for regulatory reform, this important set of essays, drawing on law and economics and regulatory theory, reviews developments in the Chinese regulation of finance, the environment and other sectors, comparing them with the EU experience. A ''must'' for scholars and policymakers alike.' --Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: Introduction Wenming Xu, Stefan E. Weishaar and Niels Philipsen PART I Financial Markets 2. Money, Banks, and the Commercial Banking Law: A Framework for Law and Economics Analysis Tao Xi 3. Rethinking China’s Capital Market and Financial Stability after the Global Financial Crisis: The Significance of Institutional Investors Jiye Hu and Yang Chen 4. Unpredictable Enforcement: A Study on CSRC’s Approach to Insider Trading in China Tianshu Zhou and Wenjing LI 5. Private Enforcement of Securities Law in China: An Empirical Analysis of SPC’s 2002 Notice on A/B Share Markets Jiajia Dai, Shiting Feng and Wenming Xu PART II SOCIAL AND ADMINISTRATIVE REGULATION 6. What can economists learn from contract lawyers? Qi Zhou 7. Evolving Goals of EU State Aid Policy and Possible Lessons for China: A Law and Economics Approach Niels Philipsen PART III ENVIRONMENTAL REGULATION 8. Development of a Regulatory Framework for CDM-Enabled Offshore Carbon Capture and Storage (OCCS) in China Roy A. Partain and Michael G. Faure 9. Does the Environmental Kuznets Curve Hold for China? An Empirical Examination Binwei Gui, Michael G. Faure, and Guangdong Xu 10. Carbon labels: Climate Change Regulation and Legal Risks and Opportunities under WTO Law Stefan E. Weishaar and Ruohong Chen PART IV RESEARCH AGENDA 11. Empirical Analysis of Regulation: The Promise of Field Experiments in China Jonathan Klick 12. Regulatory Reform in China and the EU: Comparative and Concluding Remarks Niels Philipsen, Stefan E. Weishaar and Wenming Xu Index

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Book SynopsisThis handbook presents cutting-edge research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process, and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan, and Japan, among others.This book explores a number of key topics in the field of criminal procedure: the role of screening mechanisms in weeding out weak cases before trial; the willingness of different legal systems to suppress illegally obtained evidence; the ways legal systems set meaningful evidentiary thresholds for arrest and pretrial detention; the problem of wrongful convictions; the way legal systems balance the search for truth against other values, such as protections for fundamental rights; emerging legal protections for criminal defendants, including new safeguards against custodial questioning in the European Union, limitations on covert operations in post-Soviet states, and the Indian system of anticipatory bail; as well as the mechanisms by which legal systems avoid trials altogether. A number of contributors also examine the impact of legal reforms that have newly introduced lay jurors into the fact-finding process or that now require juries to give reasons for verdicts.The ideal readership for this handbook includes law students, scholars of criminal procedure and comparative law, as well as civil liberties lawyers. Scholars of national security, the European Union, transitional justice, and privacy will also be interested in the volume's contributions to their fields.Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E. Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M. Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C. Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. WenTrade Review'Contemporary criminal procedure may be seen as a global garden in which myriad blossoms - with names like ''lay judges,'' ''anticipatory bail,'' and ''confession bargaining'' - have sprung out of a grafting of old adversarial-inquisitorial roots. In this impressive volume, contributors from England, India, Italy, Taiwan, and the United States examine many facets of these new hybridities. Cross-pollination among national and supranational systems, differences and similarities at various stages of the criminal process, and even efforts to avoid that process altogether, are explored. The result is a comparative analysis that enriches understanding of global criminal procedure.' --Diane Marie Amann, University of Georgia School of Law'This enlightening book assembles cutting-edge work from the finest scholars of comparative criminal procedure around the world. It marks a real advance in our knowledge and poses policy challenges that every country in the world will have to face.' --James Q. Whitman, Yale UniversityTable of ContentsContents: PART I INTRODUCTION: MAPPING DIALOGUE AND CHANGE IN COMPARATIVE CRIMINAL PROCEDURE Jacqueline E. Ross and Stephen C. Thaman PART II HOLISTIC COMPARISONS 1. Limits on the Search for Truth in Criminal Procedure: A Comparative View Jenia Iontcheva Turner 2. Ensuring the Factual Reliability of Criminal Convictions: Reasoned Judgments or a Return to Formal Rules of Evidence? Stephen C. Thaman PART III DIACHRONIC COMPARISONS A. Screening Mechanisms 3. Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process? Vikramaditya S. Khanna and Kartikey Mahajan 4. Mechanisms for Screening Prosecutorial Charging Decisions in the United States and Taiwan Tzu-te Wen and Andrew D. Leipold 5. Standards for Making Factual Determinations in Arrest and Pretrial Detention: A Comparative Analysis of Law and Practice Richard Vogler and Shahrzad Fouladvand B. Pretrial Investigation 6. Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States Shawn Marie Boyne 7. From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice Jacqueline S. Hodgson 8. A Comparative Perspective on the Exclusionary Rule in Search and Seizure Cases Christopher Slobogin 9. Silence, Self-Incrimination, and Hazards of Globalization Jason Mazzone C. Adjudication: Jury Trials 10. Rumba Justice and the Spanish Jury Trial Elisabetta Grande 11. Japan’s Lay Judge System David T. Johnson 12. The French Case for Requiring Juries to Give Reasons: Safeguarding Defendants or Guarding the Judges? Mathilde Cohen PART IV SYNCHRONIC COMPARISONS: ALTERNATIVES TO TRIAL, TO CRIMINAL INVESTIGATIONS, AND TO THE CRIMINAL PROCESS ITSELF 13. Special Investigative Techniques in Post-Soviet States: The Divide Between Preventive Policing and Criminal Investigation Nikolai Kovalev and Stephen C. Thaman 14. The Emergence of Foreign Intelligence Investigations as Alternatives to the Criminal Process: A View of American Counterterrorism Surveillance Through German Lenses Jacqueline E. Ross V EPILOGUE Strength, Weakness, or Both? On the Endurance of the Adversarial-Inquisitorial Systems in Comparative Criminal Procedure Máximo Langer Index

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Book SynopsisPublic police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing.In this handbook, academics and practitioners explore the relationship between policing and the law and focus on case material and human rights issues. The book concludes that public policing is far from self-evident, particularly in an era where more emphasis is placed upon private security, anti-terrorism and modern technology. As digital and global societies demand new solutions to rapidly changing social challenges, public police will undergo a transformation.New material and findings are presented with an international-comparative perspective. It is a must-read for students of policing, security and law and professionals in related fields. Contributors include: F. Allum, P. de Hert, W. de Lint, M. den Boer, M. Egan, E. Ferreira, N.R. Fyfe, S. Gilmour, S. Gomes, C. Harfield, M. Hassan, M. Head, V. Herrington, S. Hufnagel, A. James, T. Mankkinen, P.K. Manning, R. Mawby, T. Munk, M. O'Neill, S. Perez, A. Pocrnic, J. Saifert, J.A. Schafer, C. Shearing, P. Stenning, M. van der Woude, S. Virta, T. Xu, N. YangTrade Review'This is a superb collection. Edited by one of the leading lights of applied research on policing, it brings together many of the top police comparativists of the past 30 years. From multi-agency to undercover policing, via data collection and terrorism, the widest range of topics is expertly assessed from the perspective of comparative police regulation. A 'must read' in the first truly global era of police research.' --Neil Walker, University of Edinburgh, UK'This impressive collection of essays is valuable for both scholars and practitioners alike, lawyers and non-lawyers - the well qualified contributors range over the whole complex and problematic field of police cooperation. The clear synthesis of the issues by Monica Den Boer in the introduction is a tour de force.' --Malcolm Anderson, The University of Edinburgh, UKTable of ContentsContents: Foreword Monica den Boer Introduction Monica den Boer Part I: Models of Policing from a Legal-Comparative Perspective 1. A Comparative Legal History of International Policing Saskia Hufnagel 2. Governing Plural Policing Provision: Legal Perspectives, Challenges and Ideas Philip C. Stenning and Clifford Shearing 3. An International Comparison of Police Systems in a Legal Context Rob Mawby 4. Living Law in Public Order: Trust, Risk, Dominion and Universality Willem de Lint and Adam Pocrnic 5. Modern Criminal Investigation from a Legal Comparative Perspective Martin O’Neill 6. Intelligence-Led Policing: Comparing National Approaches to its Regulation and Control Adrian James 7. Undercover Policing – A Legal Comparative Perspective Clive Harfield Part II: A Comparative Overview of New Issues in Policing 8. Policing Terrorism, Extremism and Radicalization: A Legal-Comparative Perspective Monica den Boer, Tarja Mankkinen and Sirpa Virta 9. Policing Organized Crime: Legal Norms in the National and International Context Felia Allum and Stan Gilmour 10. Policing Illicit Financial Flows: Multi-Agency Co-operation and Legal Developments Mo Egan 11. Policing Virtual Spaces: Public and Private Online Challenges in a Legal Perspective Tine Munk 12. Border Policing in Europe and Beyond: Legal and International Issues Maartje van der Woude 13. A Legal Perspective on Extraterritorial Policing Maira Hassan 14. Technology, Law and Policing Peter K. Manning 15. Police, Privacy and Data Protection from a Comparative Legal Perspective Paul de Hert and Juraj Saifert Part III: Police Organizations from a Comparative Perspective 16. Legal Perspectives on the Growing Militarization of Domestic Security and Policing Michael Head 17. Policing and Society: a Legal Perspective on Gender in Police Organizations Monica den Boer and Saskia Hufnagel 18. Chinese Policing: Its History from a Legal Perspective Tao Xu and Nan Yang 19. Police Recruitment and Training in Democratic Societies: A Socio-Legal Comparative Perspective Eduardo Ferreira, Silia Gomes and Sandra Perez 20. Police research, evidence-based policing and police-academic partnerships in national jurisdictions Nicholas R. Fyfe 21. Police Leadership: A Comparative Consideration of Legislative Imperatives in the United Kingdom, Australia, and the United States Victoria Herrington and Joseph A. Schafer 22. Police Oversight and Accountability in a Comparative Perspective Monica den BoerPage Index

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Book SynopsisThis book provides unique insights into the practice of democratic constitutionalism in one of the world's most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide 'bottom up' and 'top down' insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground - or the limits to constitutions as a locus for broader social change. This book presents new perspectives on recurrent topics and debates that enrich comparative constitutional law in other regions of the world, both in the Global South and the Global North. The fine-tuned, in-depth approach of the contributors brings rigorous scholarship to this institutionally diverse and significant region, illuminating the under-explored relationship between constitutionalism, politics, ideology and leadership. This unique and challenging study will prove to be an indispensable tool, not only for academics interested in Latin America but for comparative constitutional law scholars across the globe.Contributors include: C. Bernal, J.l. Colón-Ríos, J. Couso, R. Dixon, Z. Elkins, H.A. Garcia, R. Gargarella, T. Ginsburg, A. Huneeus, D. Landau, J. Lemaitre, L. Lixinski, G.L. Negretto, R.A. Sanchez-Urribarri, M. Tushnet, O. Vilhena VieiraTable of ContentsContents: 1. Comparative Constitutional Law in Latin America - an Introduction Rosalind Dixon and Tom Ginsburg 2. Constitution-Making and Constitutionalism in Latin America: The Role of Procedural Rules Gabriel L. Negretto 3. Constitution-Making and Constituent Power Joel Colón-Ríos 4. A Critical Mapping of Transitional Justice in Latin America Lucas Lixinski 5. Constitutional revolution in the Andes? Zachary Elkins 6. The New “Bolivarian” Constitutions: A Textual Analysis Mark Tushnet 7. Looking beyond the Constitution: The Social and Ecological Function of Property Helena Alviar Garcia 8. Equality Roberto Gargarella 9. Modes of Disestablishment in Latin America Julieta Lemaitre 10. Judicial Role and the Limits of Constitutional Convergence in Latin America David Landau 11. Ambitious Constitutions: Prominent Courts Oscar Vilhena Vieira 12. Between Power and Submissiveness – Constitutional Adjudication in Latin America Raul A. Sanchez-Urribarri 13. The Institutional Limits of Inter-American Constitutionalism Alexandra Huneeus 14. The Constitutional Protection of Economic and Social Rights in Latin America Carlos Bernal 15. The “Economic Constitutions” of Latin America: Between Free Markets and Socioeconomic Rights Javier Couso Index

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Book SynopsisAs cross-border transactions expand in our contemporary global economy, the significance of comparative contract law is evermore apparent. In addition the role of lawyers in transactional counselling as well as dispute resolution has become increasingly prominent. Appreciation of the principal similarities and differences between the two major subdivisions of Common Law - the United States and the British Commonwealth - and Civil Law - French versus German law - has thus become imperative. This research review endeavours to facilitate such appreciation and will prove an essential reference point for students, researchers and policymakers.Trade Review‘This superb collection includes both classic scholarship on the common law and civil law of contract and recent scholarship that bring the coverage up to the present, including the reception of civil law in China and Japan. Professor Haley has wisely selected essays that illuminate the distinctive features of the common law of contracts and U.S. contract law.’Table of ContentsContents: Introduction John O. Haley PART I Overview 1. E. Allan Farnsworth (2006), ‘Comparative Contract Law’, in Mathias Reimann and Reinhard Zimmerman (eds), Oxford Handbook of Comparative Law, Chapter 28, London, UK and New York, NY, USA: Oxford University Press, 899–935 PART II The nineteenth century development of contemporary contract law 2. A.W.B. Simpson (1975), ‘Innovation in Nineteenth Century Contract Law’, Law Quarterly Review, 91 (2), April, 247–78 3. P. S. Atiyah (1978), ‘Contracts, Promises and the Law of Obligations’, Law Quarterly Review, 94, April, 193–223 4. Roscoe Pound (1938), ‘The Influence of the Civil Law in America’, Louisiana Law Review, 1 (1), November, 1–16 PART III french and german contract law and their influence A. French Contract Law 5. Roscoe Pound (1955), ‘The French Civil Code and the Spirit of Nineteenth Century Law’, Boston University Law Review, 35, 77–97 6. Arthur von Mehren (1955), ‘The French Civil Code and Contract: A Comparative Analysis of Formation and Form’, Louisiana Law Review, XV, 687–711 B. German Contract Law 7. Manfred Pieck (1996), ‘A Study of the Significant Aspects of German Contract Law’, Annual Survey of International and Comparative Law, 3 (1), 111–76 8. Friedrich Kessler (1975), ‘Some Thoughts on the Evolution of the German Law of Contracts – A Comparative Study: Part 1’, UCLA Law Review, 22, 1066–82 9. Manfred Löwisch (2003), ‘New Law of Obligations in Germany’, Ritsumeikan Law Review, 20 (4), 141–56 C. German Legal Science and its Reception 10. Zentaro Kitagawa (1970), ‘Theory Reception – One Aspect of the Development of Japanese Civil Law Science’, Law in Japan: An Annual, 4, 1–16 D. European Contract Law in a Socialist System 11. William Jones (1989), ‘Sources of Chinese Obligation Law’ Law and Contemporary Problems, 52 (3), Summer, 69–99 12. Jing Leng and Wei Shen (2017), 'The Evolution of Contract Law in China: Convergence in Law But Divergence in Enforcement?', in Yui-chien Chung, Wei Shen and Wen-yeu Wang (eds), Private Law in China and Taiwan – Legal and Economic Analyses, Chapter 3, Cambridge, UK: Cambridge University Press, 63–99 PART IV CONTRACTING WITHOUT LAW 13. Stewart Macaulay (1963), ‘Non-Contractural Relations in Business: A Preliminary Study’, American Sociological Review, 28 (1), February, 55–67 14. Takeyoshi Kawashima (1974), ‘The Legal Consciouness of Contract in Japan’, Law in Japan: An Annual, 7, 1–21 PART V Pre- contractural obligation 15. E. Allan Farnsworth (1987), ‘Precontractural Liability and Preliminary Agreements: Fair Dealing and Failed Negotiations’, Columbia Law Review, 87 (2), March, 217–94 16. Reiner Schulze (2005), ‘Precontractural Duties and Conclusion of Contract in European Law’, European Review of Private Law, 6, 841–66 ] 17. Shoji Kawakami (1990), ‘Japan’, in Ewoud H. Hondius (ed.) Precontractural Liability: Reports to the XIIIth Congress International Academy of Comparative Law, Montreal, Canada, 18-24 August 1990, Chapter 13, Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 205, 207–21 PART VI GOOD FAITH 18. Friedrich Kessler and Edith Fine (1964), ‘Culpha in Contrahendo, Bargaining in Good Faith, and Freedom of Contract: A Comparative Study’ Harvard Law Review, 77 (3), January, 401–49 19. Grant Gilmore (1954), ‘The Commercial Doctrine of Good Faith Purchase’, Yale Law Journal, 63 (8), June, 1057–122 PART VII STANDARD FORM CONTRACTS 20. Frederich Kessler (1943), ‘Contracts of Adhesion - Some Thoughts about Freedom of Contract’, Columbia Law Review, 43 (5), July, 629–42 PART VIII DISTINCTIVE FEATURES OF COMMON LAW CONTRACTS A. Consideration 21. Ernest G. Lorenzen (1919), ‘Causa and Consideration in the Law of Contracts, Yale Law Journal, XXVIII (7), May, 621–46 22. Melvin Aron Eisenberg (1982), ‘The Principles of Consideration’, Cornell Law Review, 67 (4), April, 640–65 B. Promissory Estoppel 23. Stanley D. Henderson (1969), ‘Promissory Estoppel and Traditional Contract Doctrine’, Yale Law Journal, 78 (3), January, 343–87 C. The Parole Evidence Rule 24. Arthur L. Corbin (1944), ‘The Parole Evidence Rule’, Yale Law Journal, 53 (4), September, 603–63 D. Conditions 25. Arthur L. Corbin (1919), ‘Conditions in the Law of Contract’, Yale Law Journal, 28 (8), June, 739–68 PART IX IMPOSSIBILTY AND CHANGED CONTRACTS 26. James Gordley (2004), ‘Impossibility and Changed and Unforeseen Circumstances’, American Journal of Comparative Law, 52 (3), Summer, 513–30 PART X Nonperformance and remedies 27. Zentaro Kitagawa (1969), ‘Damages in Contracts for the Sale of Goods’, Law in Japan: An Annual, 3, 43–89 28. Henrik Lando and Caspar Rose (2004), ‘On the Enforcement of Specific Performance in Civil Law Countries’, International Review of Law and Economics, 24 (4), December, 473–87 29. Avery W. Katz (2005), ‘Remedies for Breach of Contract under the CISG’, International Review of Law and Economics, 25 (3), September, 378–96 Index

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Book SynopsisThis comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.Contributors include: G. Bellantuono, B.H. Bix, D. Carpi, C.L. Cordasco, C. Costantini, S. Fiorato, J. Gordley, M. Granieri, A. Hutchison, M.R. Marella, G. Marini, P.G. Monateri, F. Monceri, P. Moreno Cruz, H. Muir Watt, F. Parisi, P. Pardolesi, G. SamuelTrade Review'This is a cracking collection of essays, emphasising that comparative law is not simply a matter of comparing jurisdictions, but of tracing history and crossing disciplines too. Comparative Contract Law has something for everybody; the legal theorist, the legal historian, the literary jurist, the international lawyer and the common law contract lawyer. Professor Monateri and his contributors have done the discipline of critical comparative law proud. An essential read for anyone interested in exploring the intellectual parameters of contract law, past and present.' --Ian Ward, Newcastle University, UK'Comparative Contract Law redefines approaches to comparative law by incorporating what might be called ''internal comparative law'', while also exploring transnational law, party autonomy, and the legal environment beyond states and their diverse legal systems. The book is also innovative given its inclusion of comparative studies in law and economics and law and literature, which shows that disciplines that are usually considered to be ''external'' to law are indeed relevant for the assessment and for the reform of law.' --Sebastian McEvoy, University of Paris Ouest Nanterre La Defense, FranceTable of ContentsContents: Introduction PART I CONTRACT LAW: THEORIES AND GENEALOGIES 1. Theories of Contract Law Brian H. Bix 2. In Defense of Roman Contract Law James Gordley 3. The Authoritarian Theory of Contract Pier Giuseppe Monateri 4. Contract and the Comparatist: Should We Think About Contract in Terms of ‘Contracticles’? Geoffrey Samuel 5. Critical Comparative Contract Law Giovanni Marini 6. Contract Law and Regulation Giuseppe Bellantuono PART II MARKET VALUES AND THEIR CRITIQUES. PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS 7. Enforcing Bilateral Promises: A Comparative Law and Economics Perspective Francesco Parisi, Marta Cenini and Barbara Luppi 8. Spontaneous Order and Freedom of Contract Carlo Ludovico Cordasco 9. “Party Autonomy” Horatia Muir Watt 10. Who is the Contracting Party? A Trip Around the Transformation of the Legal Subject Maria Rosaria Marella 11. Freedom of Contract and Constitutional Values: Some Exceptional Cases from the Colombian Constitutional Court Pablo Moreno Cruz PART III REPRESENTATIONS AND NARRATIVES 12. The Unburiable Contract. Grant Gilmore’s Discontinuous Parabola and the Literary Construction of American Legal Style Cristina Costantini 13. Queering the Contractual Paradigm between Law and Political Theory Flavia Monceri 14. Contracts in Literature: from Doctor Faustus to Vampires Daniela Carpi 15. Women and contracts in Angela Carter’s Postmodern Revision of the Fairy Tale Sidia Fiorato PART IV GLOBAL CONTEXT AND LOCAL FRAMES 16. The Wrecking Ball. Good Faith, Preemption and US Exceptionalism Peter Goodrich 17. Technological Contracts Massimiliano Granieri 18. Contractual Interpretation: The South African Blend Of Common, Civil And Indigenous Law In Comparative Perspective Andrew Hutchison 19. Promissory Estoppel Paolo Pardolesi 20. Party Autonomy in Global Context: An International Laywer’s Take on the Political Economy of a Self-constituting Regime. Horatia Muir Watt Index

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Book SynopsisNation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the 'abuse of rights' doctrine. Utilizing a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.Trade Review'Dr. Danielle Ireland-Piper's Accountability in Extraterritoriality: A Comparative and International Law Perspective is a welcomed addition to the existing literature in the field. This excellent monograph makes an invaluable contribution on a topic - extraterritorial jurisdiction and how we appropriately can restrict it - that only will continue to increase in relevance in coming years. Dr. Ireland-Piper is to be congratulated on managing to write in such a clear and accessible manner on such a complex topic, and for her useful proposals for how this crucial area of law ought to develop.' --(Dan Svantesson, Bond University, Australia)'This is a timely and important book on a topic that, despite its great theoretical and practical significance, has received too little academic attention and analysis. Danielle Ireland-Piper's work is a milestone in documenting, conceptualizing, and understanding extraterritoriality. Her book identifies the many challenges and opportunities in this area of law and provides a catalyst for future law reform and policy change in this field.' --(Andreas Schloenhardt, The University of Queensland, Australia and University of Vienna, Austria)Table of ContentsContents: 1. Introduction 2. Principles of Jurisdiction 3. Principles of Jurisdictional Restraint 4. Australia and Extraterritorial Jurisdiction 5. India and Extraterritorial Jurisdiction 6. The United States and Extraterritorial Jurisdiction 7. Conclusions Index

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Book SynopsisOver the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the ''non-West'' is constructed in Euro-American comparative law. Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field. It is argued that for more than a century an important part of comparative law has been animated in different ways by tensions between inclusion and exclusion. This dynamic is shown to operate through antinomies between the particular and the universal, between critiques and apologies of Western domination. The author approaches this as an opportunity to reflect further on the possibility of mobilizing the field's own promises in more productive ways. Modern Law and Otherness provides important insights for researchers interested in comparative law, critical theories and international law. Critical theorists interested in postcolonialism will also benefit from the author's analysis.Trade Review'This forceful analysis of the genealogy of ''Western'' comparative legal ideas and practices joins and strengthens the new approaches to comparative law. Veronica Corcodel traces the marginalizing definitions and exclusionary representations of the ''non-West'' throughout the discipline's history from its colonial-imperialist start to the apologetic social-liberal modernization in the twentieth century and finally the post-war justifications of liberal transformation. She courageously challenges the anything but innocent hegemonic agendas of the mainstream. Connecting knowledge with power, she reveals the ''dirty secrets'', that is the governance implications of comparative law. An informed, illuminating, and persuasive book.' --Günter Frankenberg, Goethe University, Frankfurt am Main, Germany'A deeply insightful foray through the classics of comparative law. Veronica Corcodel provides an indispensable key to understanding how the legal West has constructed the legal rest. The book meticulously exposes the uneven seams, abrupt transitions, and open contradictions characterizing the treatment of legal difference in the world by the foremost Western comparativists. Their perennial promise of greater inclusion of national legal others does not necessarily mean equal standing with the West. Rather, it is another site for both advancing and contesting Euro-American legal values.' --Jorge L. Esquirol, Florida International University, USTable of ContentsContents: Introduction 1. The Governance Implications of Comparative Law: the ‘non-West’ as Politically Significant Representations 2. Henry Maine and the Legal Foundations of Liberal Imperialism 3. Pre-War Twentieth-Century Comparative Law: Ambivalent ‘Social’ Apologies for Modernization 4. Post-War Comparative Law: Concealed Ambivalent Apologies for Liberal Transformation Conclusion Bibliography Index

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Book SynopsisComparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their 'modernisation'. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.Showcasing opportunities for new research and debate, Comparative Dispute Resolution will be helpful to practitioners and those engaged in the practise of handling disputes. Students and scholars in disciplines such as law, sociology, politics and psychology will also find this topical Research Handbook useful in their understanding of the theory and practice of disputing and dispute management, legal reform and enhanced access to justice.Trade Review‘This volume is an important and timely contribution to the growing literature on comparative dispute resolution which has been made even more important by the adoption of the Singapore Convention on Mediation in 2019 and the acceleration of the use of online dispute resolution processes due to the appearance of COVID 19. The editors and contributors deserve recognition for their achievement in providing this rich resource for us.’ -- Colm Brannigan, Canadian Arbitration and Mediation Journal'This is an impressive volume, both in terms of coverage and depth, offering a rich variety of intellectual perspectives on a wide spectrum of dispute resolution processes, including processes of avoidance, negotiation, mediation, umpiring, hybrid processes and self-help. In doing so, this compendium brings together a wide variety of anthropological viewpoints from many top scholars in this field, providing new insights of theoretical, comparative and transnational dimensions, which observe how the culture and social context are often very significant.' -- Pablo Cortes, University of Leicester, UK'An astonishingly broad-reaching and multidisciplinary collection of essays that connects readers back to classic historical, anthropological, and jurisprudential studies of disputing; across legal systems in Africa, Asia, North and South America, and Europe and across processes such as negotiation, mediation, arbitration, but also avoidance and violence. It also moves forward to contemporary issues including new relations between technologies and humans and the transformation of courts from the inside. Together, these essays offer fresh comparative insights that challenge conventional understandings of the boundaries among law, disputing, and the state.' -- Amy J. Cohen, Ohio State University, Moritz College of Law, US -- Michele Graziadei, University of Turin, ItalyTable of ContentsContents: [A] INTRODUCTORY 1. Introduction Maria Federica Moscati, Michael Palmer and Marian Roberts B] DISPUTES 2. Restorative Responses to Intimate Partner Violence Donna Coker 3. Dispute Avoidance Fiona Cownie and Anthony Bradney 4. Conflict Analysis and Conflict Intervention: Do Theoretical Understandings of Conflict Shape Conflict Intervention Approaches? Joseph P. Folger 5. Violence Michael Palmer [C] NEGOTIATION 6. The Opening Statement in Mediation: A Goffman Analysis Debbie de Girolamo 7. (Mindfully) Negotiating around ‘Lies’: The Science of Nonverbal Communication for ‘Soft’ and ‘Hard’ Cultures Clark Freshman 8. The Negotiative Function of Law in International Dispute Resolution Amy Kellam 9. Negotiating Within Legal Ambiguity: Same-Sex Partners, Family Disputes and Negotiation in Italy Maria Federica Moscati 10. Rethinking Analysis of Homelessness Applications: the Role of Negotiation and Disputing Behaviour Patricia NG [D] MEDIATION 11. Through the Looking Glass: exploring the regulatory-ethical eco-system for mediation Nadja Alexander 12. Square Pegs and Round Holes: The Divergent Roles of Lawyers and Mediators Lesley Allport 13. Elder Mediation: An Emerging Field of Practice Dale Bagshaw 14. Mediator Styles Kenneth Kressel 15. Mediation Privilege Gary Meggitt 16. Mediation Processes Linda Mulcahy 17. Gulliver’s cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice. Marian Roberts 18. Personae non grata: Interpreters in Mediation Brooke Townsley 19. Civil Case Mediation in the United States James A. Wall [E] UMPIRING: ADJUDICATION, ARBITRATION & LITIGATION 20. Judicial Conflict Resolution (JCR) in Italy, Israel and England and Wales: A Comparative Look on the Regulation of Judges’ Settlement Activities Michal Alberstein & Nourit Zimerman 21. Arbitration in Comparative Perspective Gu Weixia 22. Courts and Dispute Resolution in Japan John Haley 23. Algorithmic Justice: Dispute Resolution and the Robot Judge? John Morrison & Adam Harkens 24. Regulating the Cost of Access to Justice in Environmental Matters in the Member States of the European Union Áine Ryall 25. Unrepresented Parties as “Professionals” in China’s Consumer Dispute Processes Zhou Ling [F] MIXED PROCESSES and HYBRID SYSTEMS 26. The Role of Ombuds—A Comparative Perspective Naomi Creutzfeldt 27. Alternative Dispute Resolution through Restorative Justice: An integrated approach Theo Gavrielides 28. Hybrid and Mixed Dispute Resolution Processes: Integrities of Process Pluralism Carrie Menkel-Meadow 29. Regulatory Regime for Online Dispute Resolution (ODR): Current Forms and Future Development ZHAO Yun [G] CHANGING CULTURES, CHANGING SYSTEMS 30. Mediation in the Russian Federation W. E. Butler 31. Transplants, Re-Use, and Adaptation: Voluntarism in the Irish Mediation Act 2017 as a Comparative Undertaking Aonghus Cheevers 32. Restoring the National Convivencia through Transitional Justice: The Chilean Case Anita Ferrara 33. Dispute Resolution Processes in Islamic Cultures Mohamed M Keshavjee 34. Dispute Resolution in South Korea Dohyun Kim & Chul-woo Lee 35. “Different spaces, Different laws”: The role of state forums in non-state dispute processing in India Kalindi Kokal 36. Shifts in Dispute Resolution Processes of West African States Emelia Onyema 37. The Art of Mediation: Law and Rhetoric in Medieval Tibet Fernanda Pirie 38. Local Law and Dispute Resolution Mechanisms under Negotiation in Emerging South Sudan Katrin Seidel 39. Commercializing Alternative Dispute Resolution Processes in Resolving Financial Disputes in China Shen Wei Index

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Book SynopsisThe Research Handbook on Legal Pluralism and EU Law explores the phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives - from the constitutionalist to the Foucauldian - this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution. Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now - Brexit, populism, migration, the Euro-crisis - and asking what lessons can be learned from and for pluralism.This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, Legal Theory, and political scientists focused on legal aspects of EU integration. Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts will also find this stimulating reading.Contributors include: C.M. Amhlaigh, M. Avbelj, M. Cahill, G. Cornelisse, G. Davies, N. de Boer, P. Eleftheriadis, T. Flynn, M. Goldmann, C. Kaupa, R.D. Kelemen, P.F. Kjaer, D. Kochenov, J. Lawrence, P. Leino, L. Leppavirta, J. Lindeboom, P. Lindseth, G. Martinico, F.-X. Millet, J. Priban, S. Sankari, K. Tuori, N. WalkerTrade Review'This collection will be of real value to all those interested in the difficult and topical questions of legal pluralism in the European Union. At a time of significant stress within the EU economic, political and legal orders, the essays address a range of themes and topics ranging from broad theoretical and constitutional reflections to more focused case studies of EMU, citizenship, migration and border control, and the EU's relations with non-EU states. The editors have assembled an impressive array of scholars from across the EU to present their particular understandings and critiques of the idea of legal and constitutional pluralism, to interrogate the relationship of legal pluralism to democracy, and to investigate the significance of these ideas in the European Union at present.' --Grainne de Burca, New York University, School of Law, US'Legal pluralism has become a central concept by which to unpack EU and transnational law. It remains, however, an under-applied and under-theorised framework. This Research Handbook decisively fills this gap, developing pluralism's theoretical foundations in novel directions through an outstanding group of contributors and using the concept to re-visit active debates in EU law and politics. I would recommend it to anyone as the definitive guide to legal pluralism in the EU for decades to come.' --Mark Dawson, Hertie School of Governance, GermanyTable of ContentsContents: 1. Introduction Matej Avbelj, Gareth Davies Part I The Nature of European Legal Pluralism 2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European Union Poul F. Kjaer 3. Subverting Sovereignty’s Voluntarism: Pluralism and Subsidiarity in Cahoots Maria Cahill 4. From Pluralism to Perspectivism Kaarlo Tuori Part II Theorizing EU Constitutional Pluralism 5. The Anatomy of Constitutional Pluralism in the European Union Cormac Mac Amhlaigh 6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory? Giuseppe Martinico 7. Human Dignity and EU Legal Pluralism Matej Avbelj 8. Constitutional Pluralism Beyond Monism and Dualism François-Xavier Millet 9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional Thought Tom Flynn 10. The Sociological Concept of EU Constitutional Pluralism Jiří Přibáň Part III EU Legal Pluralism and Democracy 11. Pluralism through Its Denial: The Success of EU Citizenship Dimitry Kochenov and Justin Lindeboom 12. The False Promise of Constitutional Pluralism Nik de Boer 13. The Metabolic Constitution and the Limits of EU Legal Pluralism Peter Lindseth 14. Of Politics and Pluralism: Governmentality and the EU Legal Order Jessica Lawrence 15. The Pluralist Socio-economic Character of the European Treaties Clemens Kaupa Part IV The Practice of EU Legal Pluralism and its Future 16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European Integration Päivi Leino and Liisa Leppävirta 17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of Justice Suvi Sankari 18. Interpretative Pluralism within EU Law Gareth Davies 19. Discretion, not Rules: Postunitary Constitutional Pluralism in the Economic and Monetary Union Matthias Goldmann 20. The EU’s Relationship to International Law: Lessons from Brexit Pavlos Eleftheriadis 21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to Exclude Galina Cornelisse 22. The Dangers of Constitutional Pluralism R. Daniel Kelemen Afterword 23. Pluralism Then and Now Neil Walker Index

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Book SynopsisComparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition. Scholars in the fields of law, sociology, political science and history, as well as human rights lawyers, abolitionists, law makers and judges who wish to remain up-to-date on changing death penalty practices will need Comparative Capital Punishment on their reading list. Contributors include: S.L. Babcock, S. Bae, R.C. Dieter, B.L. Garrett, E. Girling, C. Hoyle, P. Jabbar, S. Lehrfreund, D. Lourtau, B. Malkani, M. Miao, A. Nazir, A. Novak, K. Pant, D. Pascoe, A. Sarat, M. Sato, W. Schabas, C.S. Steiker, J.M. Steiker, J. Yorke Trade Review'The kaleidoscopic contributions to this book provide more comparative insight into capital punishment than any other volume. The Steikers have recruited an all-star team of writers, and they have delivered on everything from methods of execution and miscarriages of justice to capital clemency and international norms. If you want to think better about the death penalty's past, present, and future, read this magnificent book.' --David T. Johnson, University of Hawaii and co-author of The Next Frontier: National Development, Political Change, and the Death Penalty in AsiaTable of ContentsContents: Preface 1. Introduction: international perspectives on the death penalty Richard C. Dieter Part I Substantive Law 2. Deserving of death: the changing scope of capital offenses in an age of death penalty decline Delphine Lourtau 3. Deciding who lives and who dies: eligibility for capital punishment under national and international law Sandra L. Babcock Part II Procedural Law 4. Extradition and non-refoulement Bharat Malkani 5. An unfair fight for justice: legal representation of persons facing the death penalty Sandra L. Babcock 6. Towards a global theory of capital clemency incidence Daniel Pascoe Part III Administration 7. Imposing a ‘mandatory’ death penalty: a practice out of sync with evolving standards Parvais Jabbar 8. Methods of execution: the American story in comparative perspective Austin Sarat and Keshav Pant 9. Capital punishment at the intersections of discrimination and disadvantage: the plight of foreign nationals Carolyn Hoyle 10. Innocence and the global death penalty Brandon L. Garrett Part IV Institutions 11. International law and the abolition of the death penalty William Schabas 12. The role of institutions in the norm life cycle: the United Nations and the anti–capital punishment norm Sangmin Bae 13. Regional institutions and death penalty abolition: comparative perspectives and their discontents Evi Girling 14. Undoing the British colonial legacy: the judicial reform of the death penalty Saul Lehrfreund Part V The Future of the Death Penalty 15. Reframing the debate on attitudes towards the death penalty Mai Sato 16. Pulling states towards abolitionism: the power of acculturation as a socialization mechanism Michelle Miao 17. Imagining utopia: the global abolition of the death penalty Jon Yorke and Amna Nazir 18. After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation Andrew Novak 19. Global abolition of capital punishment: contributors, challenges and conundrums Carol S Steiker and Jordan M. Steiker Index

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

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Book SynopsisAs judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts. This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support.This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.Trade Review'Professor Ali's book offers the most comprehensive, qualitative study and insights on Global Court Mediation I have encountered. It should be in the hands of every court in the world.' --Judge Dorothy Nelson, United States Court of Appeals, 9th Circuit'Shahla Ali's work is an innovative meta-analysis of the trends in the institutionalization of mediation at the macro level. It has an ambitious approach that had not been attempted yet, and paves the way for other future research, as well as providing guidance to policy makers and professionals.' --Luigi Cominelli, The University of Milan, Italy'Professor Shahla Ali has performed a valuable service for conflict resolution policy makers around the world. Providing diverse and mixed data reports of the uptake and resistance to court (and some private) mediation programs in ten different legal systems, she artfully surveys important legal, social and cultural differences in the uses and effectiveness of voluntary and mandatory mediation programmes. While some seek efficiency, others seek efficacy, through party-tailored solutions or regional integration dispute resolution schemes. Different programme motivations (and the varied role of lawyers) provide variation, not uniformity, in the use of mediation to resolve civil, family, labour and commercial disputes. A must-read for any dispute system designer, or court administrator or mediator.' --Carrie Menkel-Meadow, University of California, Irvine and Georgetown University Law Center, USTable of ContentsContents: Introduction: Balancing the Scales: Assessing the Efficacy of Global Court Mediation Reform PART I Aims and Objectives of Court Mediation Reform 1. Court Mediation Reform Aims in a Global Context 2. Voluntary and Mandatory Mediation Programme Design PART II Voluntary Mediation Programmes 3. Mediation in the UK Courts 4. Mediation in the Hong Kong Courts 5. Mediation in the French Courts 6. Mediation in the Dutch Courts 7. Mediation in the Malaysian Courts PART III Mandated Court Mediation Programmes 8. Mediation in the United States Federal Courts 9. Mediation in the Australian Federal Courts 10. Mediation in the Italian Courts 11. Mediation in the Chinese Courts 12. Mediation in the Indian Courts PART IV Empirical Findings on Court Mediation 13. Insights and Recommendations from a Global Mediation Survey 14. Conclusions Select Bibliography Index

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Book SynopsisThis thorough and detailed Research Handbook explores the complexity of the governance of sales contracts in the modern world. It considers what is, and what ought to be, the role of traditional sales law in light of the growing diversity of commercial, trade and transactional contexts in which such contracts are made and performed. Offering an international and comparative perspective, leading experts in the field examine many topical aspects of sales law and practice. These include digital technologies, long-term contracts, global supply chains and trade in commodities. Chapters also investigate the diversity of sources that govern sales contracts today, particularly those sources that emanate from the industry and commercial players, such as standard form contracts, rules of trade associations, trade usages and trade terms. Through this critical and highly analytical examination, this Research Handbook ultimately demonstrates that the sources of governance found within the industrial sector are as important as traditional sales law, if not more so, in terms of their role in governing sales contracts in contemporary society. This timely and engaging Research Handbook will prove an essential read for students, scholars and legal practitioners with an interest in international commercial sales and contract law. Practitioners working in international trade across industry and the commercial sector will also benefit from its practical approach. Contributors include: R. Aikens, M. Bridge, F. Cafaggi, J. Coetzee, C.P. Gillette, M. Goldby, S. Green, M. Hammerson, C. Hare, E. Richardson, D. Saidov, M. Schillig, U.G. Schroeter, L. Spagnolo, A. Tettenborn, P. Wallace Trade Review‘Djakhongir Saidov’s book on International and Comparative Sale of Goods Law is, indeed, both a Handbook and an outstanding research work. Saidov has accomplished the task of combining enriching contributions from high-profile academics and practitioners to provide a sound understanding of key aspects of the law governing the cross-border sale of goods and address the complex question he has identified. At the same time, the Handbook, as research work, offers stimulating lines of thought to those readers with a deeper background in the topic.’ -- Miquel Mirambell Fargas, European Review of Contract LawTable of ContentsContents: Preface Part I: Purposes of Modern Sales Law 1. ‘Introduction: Unity and Diversity in the Law of Sale of Goods’ Djakhongir Saidov 2. ‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’ Lisa Spagnolo 3. ‘Has the UN Sales Convention Achieved its Key Purpose(s)? Ulrich G Schroeter Part II: Looking into the Substance of Sales Law 4. ‘Sales Law and Digitised Material’ Sarah Green 5. ‘Trade Usages in International Sales Law’ Djakhongir Saidov 6. ‘Abstract Damages in International Sale Contracts – When should They be Available?’ Andrew Tettenborn 7. ‘Substituting Data for Documents - A New Meaning for “Conforming Tender”? Miriam Goldby Part III: Standard Form Contracts and Trade Terms 8. ‘Are Commercial Standard Form Contracts Efficient?’ Clayton P Gillette 9. ‘CIF and FOB Contracts in English Law: Current Issues and Problems’ Michael Bridge 10. ‘Incoterms® and the Standardization of the International Sales Law’ Juana Coetzee Part IV: Transactional Contexts - Long-Term Contracts and Global Supply Chains 11. ‘Long-Term Gas Sales Agreements’ Marc Hammerson and Emma Richardson 12. ‘Long-Term Power Purchase Agreements: The Factors that Influence Contract Design’ Patrick Wallace 13. ‘Sales in Global Supply Chains: A New Architecture of the International Sales Law’ Fabrizio Cafaggi Part V: Intersections with other Areas 14. ‘The Impact of Arbitration on the Development of International Sales Law’ Richard Aikens 15. ‘Insolvency Treatment of Retention of Title Arrangements in Cross-Border Transactions’ Michael Schillig 16. ‘Consolidation and Disintegration in Trade Finance’ Christopher Hare Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world?s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new ?transparency? branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.New to this revised and enlarged second edition: ? Updated and extended material to encompass the developments in practice and scholarship since the original edition?s publication back in 2014? With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights. Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.Trade Review'In terms of succinctness, readability and sophistication, probably the best advanced introduction to comparative constitutional law you can find in under 150 pages.' --Mattias Kumm, New York University, School of Law, USTable of ContentsContents: 1. Introduction: comparative constitutional law – history and contours 2. Constitution-making 3. The structures of constitutional review and some implications for substantive constitutional law 4. The structure of rights analysis: proportionality, rules and international law 5. The structure of government 6. Conclusion References Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world?s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new ?transparency? branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.New to this revised and enlarged second edition: ? Updated and extended material to encompass the developments in practice and scholarship since the original edition?s publication back in 2014? With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights. Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.Trade Review'In terms of succinctness, readability and sophistication, probably the best advanced introduction to comparative constitutional law you can find in under 150 pages.' --Mattias Kumm, New York University, School of Law, USTable of ContentsContents: 1. Introduction: comparative constitutional law – history and contours 2. Constitution-making 3. The structures of constitutional review and some implications for substantive constitutional law 4. The structure of rights analysis: proportionality, rules and international law 5. The structure of government 6. Conclusion References Index

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Book SynopsisOffering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction. Trade Review'The role of economic analysis in defining the sense of antitrust rules. The convergence between the US and the EU and their enduring differences. The competition laws recently adopted in other continents. Wherever you are in the world, you will find in this book everything you wanted to know about antitrust.' --Giuliano Amato, Judge of the Italian Constitutional Court, Former Prime Minister'Comparative Competition Law and Economics is a tour de force. It offers a fully integrated analysis of US and EU competition law and economics. The legal and economic analyses are up-to-date, comprehensive, provocative and yet readable. It deserves a spot on your bookshelf.' --Daniel Rubinfeld, New York University, School of Law and University of California, Berkeley, US'This is an excellent and truly interdisciplinary textbook on competition law and economics, in which students learn both the most important economic insights and the legal rules in a clear and comprehensible way. Particularly valuable is the comparative perspective in regard to EU competition law, US antitrust law, and other new competition laws in the world.' --Wolfgang Kerber, Marburg University, GermanyTable of ContentsContents: 1. Introduction 2. Economic approaches to competition law 3. The goals of competition law 4. Market power, market definition and entry barriers 5. Horizontal Restrictions 6. Vertical Restrictions 7. Unilateral conduct of dominant firms 8. Enforcement 9. Merger Control Index

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Book SynopsisOffering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction. Trade Review'The role of economic analysis in defining the sense of antitrust rules. The convergence between the US and the EU and their enduring differences. The competition laws recently adopted in other continents. Wherever you are in the world, you will find in this book everything you wanted to know about antitrust.' --Giuliano Amato, Judge of the Italian Constitutional Court, Former Prime Minister'Comparative Competition Law and Economics is a tour de force. It offers a fully integrated analysis of US and EU competition law and economics. The legal and economic analyses are up-to-date, comprehensive, provocative and yet readable. It deserves a spot on your bookshelf.' --Daniel Rubinfeld, New York University, School of Law and University of California, Berkeley, US'This is an excellent and truly interdisciplinary textbook on competition law and economics, in which students learn both the most important economic insights and the legal rules in a clear and comprehensible way. Particularly valuable is the comparative perspective in regard to EU competition law, US antitrust law, and other new competition laws in the world.' --Wolfgang Kerber, Marburg University, GermanyTable of ContentsContents: 1. Introduction 2. Economic approaches to competition law 3. The goals of competition law 4. Market power, market definition and entry barriers 5. Horizontal Restrictions 6. Vertical Restrictions 7. Unilateral conduct of dominant firms 8. Enforcement 9. Merger Control Index

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Book SynopsisComparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. This collection of essays written by tort law experts from around the world also offers a comprehensive comparative assessment of tort law rules, and consideration for the cultural contexts in which tort laws live, covering many jurisdictions that are usually neglected by mainstream debates and literature. Insightful case studies analyze specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa. This path-breaking, though accessible book is a critical tool for students, policymakers, practitioners, scholars and academic researchers, especially tort law and comparative law specialists.Contributors: A. Basir Bin Mohamad, M. Bussani, E. Büyüksagis, D.N. Dagbanja, G. Dari-Mattiacci, M. de Morpurgo, M. Dyson, I. Ebert, E.A. Engle, J. Gordley, H. Jiang, E. Hondius, M. Infantino, D. Jutras, E. Matsumoto, V.V. Palmer, F. Parisi, M. Reimann, A.J. Sebok, S.D. Sugarman, S.C. Symeonides, F. WerroTrade Review'Edward Elgar Publishing has now produced a very high quality academic contribution to Tort case studies entitled 'Comparative Tort Law'. . . The global perspectives given here by Bussani and Sebok on comparing the law of tort in different jurisdictions is one of the best now available for tort practitioners and scholars!' -- - The Barrister Magazine'An admirably sprawling survey of tort law in its broadest sense. Some chapters offer important comparative insights into malpractice, products liability, liability for economic loss, and tort damages. Others helpfully address related topics including jurisdiction, choice of law, insurance, and the tort-crime interface. The reader is also treated to historical, economic, philosophical, and cultural analyses of tort, and to informative chapters on the operation of tort law in non-western legal systems. Entirely apt to our global era, Comparative Tort Law is an important resource and the perfect antidote to narrow, parochial conceptions of tort law's character and significance.' -- John C. P. Goldberg, Harvard Law SchoolTable of ContentsContents: 1. Introduction to Comparative Tort Law: Global Perspectives Mauro Bussani and Anthony J. Sebok PART I GENERAL ISSUES 2. The Many Cultures of Tort Liability Mauro Bussani and Marta Infantino 3. Tort Law and Conflict of Laws Symeon C. Symeonides 4. Tort Law and Human Rights Eric A. Engle 5. Tort and Crime Matthew Dyson 6. Liability Rules: An Economic Taxonomy Giuseppe Dari-Mattiacci and Francesco Parisi 7. Tort Law and Insurance Ina Ebert 8. Alternative Compensation Schemes from a Comparative Perspective Daniel Jutras PART II THE WESTERN LAW OF TORTS 9. The Architecture of the Common and Civil Law of Torts: An Historical Survey James Gordley 10. The Bounds Between Negligence and Strict Liability Franz Werro and Erdem Büyüksagis 11. Professional Liability Ewoud Hondius 12. Product Liability Mathias Reimann 13. Causation Theories and Causation Rules Marta Infantino 14. A Comparative-Law Sketch of Pure Economic Loss Vernon Valentine Palmer 15. Tort Damages for Non-economic Losses: Personal Injury Stephen D. Sugarman PART III – NON-WESTERN PERSPECTIVES 16. Tort Law in Japan Emi Matsumoto 17. Chinese Tort Law: Between Tradition and Transplants Hao Jiang 18. Customary Tort Law in Sub-Saharan Africa Dominic N. Dagbanja 19. Islamic Tort Law Abdul Basir Bin Mohamad 20. Tort Law in Latin America Marco de Morpurgo Index

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Book SynopsisAs law's institutional configurations stand, comparative law is a relatively new discipline. The first specialized journals and chairs, for example, go back a mere two hundred years or so. Yet, in its two centuries of institutional existence, comparative law has been the focus of much discussion, mostly by comparatists themselves reflecting on their practice. Indeed, some of this thinking came firmly to establish itself as a governing epistemology within the field.This book holds that the time has nonetheless come, even for such a young venture as comparative law, to engage in a re-thinking of its intellectual ways. Specifically, three comparatists hailing from different horizons investigate various assumptions and lines of reasoning that must invite reconsideration. The principal ambition informing the work is to optimize the interpretive rewards that the comparison of laws is in a position to generate.Not limited to a particular country or jurisdiction, Rethinking Comparative Law aims to attract a large audience comprising students and scholars from diverse cultural backgrounds. Undergraduate or postgraduate law students and lawyers with an interest in comparative law will find the book helpful for a better appreciation of the many implications arising from the increased interaction with foreign law in a globalizing world.Trade Review'A fascinating and refreshing book on legal comparison! With much insight and depth, the three authors join forces, each one in four chapters, to offer new perspectives on how to engage seriously with the study of foreign law. Challenging the orthodoxy, the book offers fruitful reflections on the role of language and culture in law, and discusses questions of method, or the lack thereof, interdisciplinarity and other core questions of legal comparison, including that of the existence of law. The book will not only satisfy the curiosity of an academic audience, but also provide useful tools to international practitioners.' -- Franz Werro, Georgetown University Law Center, US, University of Fribourg, Switzerland and Co-Editor-in-Chief, American Journal of Comparative Law'Rethinking Comparative Law marks the urgency of a critical and heterodox approach to comparative legal studies. Stripping away from the hegemonic perspective in the field, which for more than a century has been content to compare the shells of laws, this work provides crucial tools for comparatists to pierce the carapace of foreign laws and perform in-depth analysis reaching to the very core of the foreign. An insightful and indispensable book for a culturalist view of the comparison of laws.' -- Daniel Wunder Hachem, Pontifícia Universidade Católica do Paraná and Universidade Federal do Paraná, Brazil'Rethinking Comparative Law is a valuable book on all the necessary and complex tools needed to manage legal reforms in a globalized world. The book makes an important and fresh addition to the literature on comparative law offering a new insight for a critical understanding of the notion of culture, which remains crucial for legal comparison. In so doing, the book represents a thoughtful and profound scrutiny of quantitative methods and their limits in legal analysis.' -- Pier Giuseppe Monateri, University of Torino, ItalyTable of ContentsContents: Introduction 1. The epistemological challenge: does law exist? 2. The comparatist and the illusion of autonomy 3. Methodology and comparative law: programme orientations 4. Method as deception 5. Comparisons otherwise: the merits of interdisciplinarity 6. Comparing comparisons 7. On the untranslatability of laws 8. The corrida, for example: how comparative understanding fares 9. How far culture? A critical examination of cultural defences 10. Comparison in action: on the beach 11. Quantifying law? ‘Legal origins’ or ‘doing business’ as usual 12. Is there generic law? The issue of constitutionalism Index

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Book SynopsisDrawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion. This book proposes an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. It argues that long-term changes in the number of effective veto-gates in the US and the UK are the key to understanding the antithesis that emerged between their administrative jurisprudence. It then forecasts the future of Anglo-American administrative law in light of recent destabilizing political developments, such as attempts by the US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and students of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful for political scientists and economists interested in judicial politics and regulation.Trade Review'A wonderful example of interdisciplinary comparative scholarship and an extremely insightful analysis of the different trajectories of administrative law in the United States and the United Kingdom. This is a must-read for public law scholars of all kinds.' --Mila Versteeg, University of Virginia, School of Law, USTable of ContentsContents: 1. Antithesis in Anglo-American Administrative Common Law 2. A Veto-gate Theory of Administrative Common Law 3. Law and the Regulatory State 4. Judicial Review of Administrative Statutory Interpretation 5. Judicial Review of Administrative Factfinding and Discretion 6. Closing Remarks Index

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Book SynopsisConstitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable.Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach.Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. ZackinTrade Review'A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.' --Stephen Gardbaum, University of California, Los Angeles, School of Law, US'Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Introduction Erin F. Delaney and Rosalind Dixon Part I The Origins and Functions of Judicial Review 2. The Real Case for Judicial Review Alon Harel and Adam Shinar 3. Constitutions as Political Insurance: Variants and Limits Rosalind Dixon and Tom Ginsburg 4. Comparative Constitutional Law as a Window on Democratic Institutions Samuel Issacharoff 5. The Origins and Growth of Judicial Enforcement Steven Gow Calabresi Part II The Political and Institutional Contexts for Judicial Review 6. Interpreting Constitutions in Divided Societies Hanna Lerner 7. Judicial Review in the Context of Constitutional Islam Salma Waheedi and Kristen Stilt 8. New Judicial Roles in Governance Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein 9. Competition or Collaboration: Constitutional Review by Multiple Final Courts Wen-Chen Chang and Yi-Li Lee Part III The Stability and Effectiveness of Judicial Review 10. Judicial Review as a Self-Stabilizing Constitutional Mechanism Tonja Jacobi, Sonia Mittal and Barry R. Weingast 11. Losing Faith in Law’s Autonomy: A Comparative Analysis Theunis Roux 12. Courts and Support Structures: Beyond the Classic Narrative David Landau 13. National Perspectives on International Constitutional Review: Diverging Optics Karen J. Alter 14. Efficacious Judging on Apex Courts Lee Epstein and Jack Knight 15. Limiting Judicial Discretion Mila Versteeg and Emily Zackin Part IV Operationalizing Judicial Review: Typologies, Doctrines and Methodological Challenges 16. Beyond Europe and the United States: The Wide World of Judicial Review Virgílio Afonso da Silva 17. Judicial Review and Public Reason Wojciech Sadurski 18. Pockets of Proportionality: Choice and Necessity, Doctrine and Principle Vicki C. Jackson 19. Comparative Approaches to Constitutional History Jamal Greene and Yvonne Tew 20. Judicial Review and the Politics of Comparative Citations: Theory, Evidence and Methodological Challenges Ran Hirschl Index

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

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Book SynopsisConceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaëll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany.Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book's approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.Trade Review‘The predominant theme that emerges from this impressively learned, eight chapter study is one of convergence. Emerich repeatedly reveals that property actually functions in remarkably similar ways in the civil law and common law traditions despite different historical origins and doctrinal labels. Emerich’s interest in - and discovery of - this striking commonality originates in her commitment to 'transsystemia,' an approach to teaching and understanding law that grew out of Quebec’s fertile bilingual, bijural mixed jurisdiction.Many diverse readers will benefit from Emerich’s work. Lawyers, judges and traditional doctrinal property law scholars in the largest civil law and common law systems will learn much from Emerich’s careful study simply because of its clear, incisive description of so much law. Readers in other mixed jurisdictions, such as Louisiana, Scotland and South Africa, will find the portions of Emerich’s book that detail the choices Quebec has made in creating its property law system particularly intriguing. Property theorists will also find Emerich’s book rewarding as it points to a number of deep, cross-jurisdictional patterns in the structure of property law.’ -- John A Lovett, Journal of Civil Law StudiesTable of ContentsContents: Introduction 1. Historical Approach to Property 2. Origins of Title: Possession and its Effects 3. In Search of Private Property: Between the Civil Law and the Common Law 4. Limitations to Private Property 5. Objects of Property Rights 6. Fragmentation and Modifications to Property 7. Trusts and Fiducia Conclusion Bibliography Index

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Book SynopsisChina is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.Table of ContentsContents: Introduction 1. Climate change, catastrophe risk, and government stimulation of the insurance market—a study of transitional China 2. Climate change, and financial instruments to cover disasters: What role for insurance in transitional China? 3. Mitigation of climate-change risks and regulation by insurance 4. Regulation by catastrophe insurance: a comparative study 5. Regulation by government-sponsored reinsurance in catastrophe management 6. Innovations in insurance markets and securitization of catastrophe risk: experiences and lessons to learn 7. Roadmap for transitional reform in China Index

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Book SynopsisConstitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies ? empirical, historical, philosophical and textual analysis ? in the effort to provide a comprehensive look at a generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought with Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities. This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere.Contributors include: D. Bonilla Maldonado, J. Couso, C. Crawford, J.L. Esquirol, R. Gargarella, T. Ginsburg, T.K. Hernandez, D. Landau, D.S. Law, F. Nicola, F. Pou GiménezTable of ContentsContents: 1. Introduction Daniel Bonilla Maldonado and Colin Crawford PART I The Relationship Between Latin American and U.S. Constitutionalism 2. The Political Economy of Legal Knowledge Daniel Bonilla Maldonado 3. The Geopolitics of Constitutionalism in Latin America Jorge L. Esquirol PART II Latin American Constitutionalism 4. Constitutionalism in the Americas: A Comparison between the U.S. and Latin America Roberto Gargarella 5. Back to the Future? The return of sovereignty and the principle of non-intervention in the internal affairs of the states in Latin America’s “radical constitutionalism” Javier Couso 6. Constitutionalism old, new and unbound: the case of Mexico Francisca Pou Giménez 7. Socioeconomic Rights and Majoritarian Courts in Latin America David Landau PART III U.S. constitutionalism in the 21st century 8. Constitutional Drafting in Latin America: A Quantitative Perspective David S. Law and Tom Ginsburg 9. The Global Diffusion of U.S. Legal Thought: Changing Influence, National Security and Legal Education in Crisis Fernanda Nicola 10. The Limits of U.S. Racial Equality Without a Latin American Constitutional “Right to Work” – A Thought Experiment Tanya Katerí Hernández Name Index Subject Index

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Book SynopsisThis timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime. Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright. Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. TrapovaTable of ContentsContents: 1 Introduction 1 Oreste Pollicino, Giovanni Maria Riccio, Marco Bassini 2 ‘Speaking truth to power’: copyright and the control of speech 6 Fiona Macmillan 3 Copyright strengthened by the Court of Justice interpretation of Article 17(2) of the EU Charter of Fundamental Rights 28 Alain Strowel 4 Regulating with rights proportionality? Copyright, fundamental rights and internet in the case law of the Court of Justice of the European Union 54 Tuomas Mylly 5 Copyright and fundamental rights in European Court of Human Rights case law 99 Oleg Soldatov 6 Cultural rights, cultural diversity and the EU’s copyright regime: the battlefield of exceptions and limitations to protected content 124 Evangelia Psychogiopoulou 7 The influence of the Court of Justice of the European Union on national courts in copyright cases 155 Giovanni Maria Riccio 8 US and EU: diverging or intertwined paths? 188 Maria Lillà Montagnani and Alina Trapova 9 From private enforcement to public enforcement. Copyright enforcement in the digital age: a comparative overview 216 Giorgio Giannone Codiglione and Marco Bassini Index

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Book SynopsisContemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship.With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements.This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.Contributors: G. Bellantuono, Y.-c. Chang, R.K. Christensen, E. Colombatto, T.F. Cotter, A. Foddis, N. Garoupa, D.J. Gerber, W.J. Gordon, V.P. Hans, K.A. Houghton, K.-C. Huang, R. Ippoliti, A. Jolivet, A. Kreis, E. Marelli, N. Mercuro, T.J. Miceli, H.T. Naughton, I.P.L. Png, G.B. Ramello, F. Revelli, M. Signorelli, H.E. Smith, J. Szmer, T.S. Ulen, Q.-h. Wang, P.K. YuTrade Review'To date, economic analysis has not realized its enormous potential for illuminating issues of comparative law. The Research Handbook in Comparative Law and Economics fills that gap. Edited by eminent scholars in the field, this book demonstrates the power of economic methodology to illuminate theoretical and policy-oriented issues across many legal systems. It should be essential reading for anyone interested in cutting edge research in the fields of economic analysis and comparative law.' --Geoffrey Miller, New York University, Law School, US'This remarkable volume shows off the eclectic potential of the comparative law and economics brand. It is comparative not only in assembling scholars from around the world and in zipping from Taiwanese civil disputes to international high courts to drug regulators for case studies, but most importantly in highlighting an empirical methodology that welcomes a range of complementary approaches that broadens the core economic analysis of law. It's a fascinating tour across boundaries.' --Stewart J. Schwab, Cornell Law SchoolTable of ContentsContents: PART I THEORETICAL ISSUES 1. The Past, Present and Future of Comparative Law and Economics Giovanni B. Ramello 2. Markets, Contracts, and Firms: A Unified Model of Organizational Choice Thomas J. Miceli 3. Law, Social Norms, and Standards: Their Nexus with Government and their Impact on the Economic Performance of Nation States Nicholas Mercuro 4. The Market for Legal Innovation: Law and Economics in Europe and the United States, Nuno Garoupa and Thomas S. Ulen 5. Principles, Tolerance and Institutional Torpor Enrico Colombatto PART II SELECTED CASES 6. Structure and Style in Comparative Property Law Yun-chien Chang and Henry E. Smith 7. A Comparative View of Local Tax and Expenditure Limitations and their Consequences Federico Revelli 8. Iron Fist in a Velvet Glove? Judicial Behavior in Mixed Courts Valerie P. Hans and Anne Jolivet 9. Global Competition Law Convergence: Potential Roles for Economics David J. Gerber 10. The Comparative Law and Economics of Energy Markets Giuseppe Bellantuono 11. A Comparative Law and Economics Analysis of Damages for Patent Infringement Thomas F. Cotter 12. The Comparative Economics of International Intellectual Property Agreements Peter K. Yu 13. Copyright and Tort as Mirror Models: On Not Mistaking for the Right Hand What the Left Hand is Doing Wendy J. Gordon 14. The Eurozone Crisis, the Defective Policy Response and the Need for Institutional Innovation Enrico Marelli and Marcello Signorelli PART III EMPIRICAL INVESTIGATIONS 15. The Effect of Stakes on Settlement: An Empirical Lesson from Taiwan Kuo-Chang Huang 16. Comparative Judicial Efficiency: Examining Case Disposition in Five Countries' Courts of Last Resort Anthony Kreis, John Szmer and Robert K. Christensen 17. Copyright Law and the Supply of Creative Work: Evidence from the Movies Ivan Paak Liang Png and Qiu-hong Wang 18. International Environmental Agreement Effectiveness: A Review of Empirical Studies Kendall A. Houghton and Helen T. Naughton 19. The American and the European Market of Human Experimentation, A Comparative Study on Regulation and Competitiveness Antonella Foddis and Roberto Ippoliti Index

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

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

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

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

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

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

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

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

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

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

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

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

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

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