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Property Meeting the Challenge of the Commons
This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
Wilderness Protection in Europe
Assesses to what extent wilderness areas in Europe receive protection under international conventions, EU directives and domestic law.
Tutela & Restauro – Monografie 1, Supplemento – The Italian Law of Cultural Heritage. A Dialogue with the United States
This volume includes the proceedings of the International Conference The Italian law of cultural heritage. A dialogue with the United States (Villa Ruspoli, Florence, June 17-18, 2022), conceived and organized by the Dipartimento di scienze giuridiche of the University of Florence as part of the 2018-2022 Project of Excellence and by the Soprintendenza archeologia, belle arti e paesaggio for the metropolitan city of Florence and the provinces of Pistoia and Prato
General Reports of the XXth General Congress of the International Academy of Comparative Law - Rapports généraux du XXème Congrès général de l'Académie internationale de droit comparé
This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply...
Protecting future generations through commons
The recent austerity measures currently adopted in numerous European countries assume that a rise in public debt should automatically result in cuts to social programmes and the privatisation of “inefficiently” managed resources. This type of reasoning is being used to justify the destruction of social rights of citizens for the profit of the private sector, resulting in more limited access to the most fundamental resources such as water, nature, housing, culture, knowledge and information, mainly for the most vulnerable members of society. Such a view, informed solely by short-term growth and profit cycles, is endangering access to those resources not only for current generations but fo...
Research Handbook on Political Economy and Law
Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources. Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.
The Turning Point in Private Law
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the...
Comparative Property Law
Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
A Research Agenda for Property Law
Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.
Universals of Legal Reasoning by Judges
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
