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