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This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa,...
This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics 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. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area.
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...
This book of Professor Allan R. Brewer-Carias, is a recollection of all his contributions to the the International Academy of Comparative Law, on matters of Comparative Public Law (Comparative Constitutional Law and Comparative Administrative Law), submitted between 1966 and 2022, as General Reports to the Congresses of the Academy held in Uppsala, August 1966; Pescara, August-September 1970; Tehran, August-September 1974; Caracas, August-September 1982; in Montreal, August 1990; Bristol, July-August 1998; and Washington, July 2010; as well as all the Venezuelan National Reports on the same matters sent to the Academy for its consideration by the respective General Reporters in the International Congresses of Uppsala 1966, Budapest 1978, Caracas 1982, Brisbane 2002, Utrecht 2006, Mexico 2008, Vienna 2014 and La Asunción 2022.
Every four years, the International Academy of Comparative Law (IACL) organizes an International Congress of Comparative Law, with the 2010 congress being held in Washington DC. In preparation of the congress, the IACL has drawn up a list of topics and has asked the national associations of comparative law to invite authors to write a national report on the various topics. At the same time, a general reporter has been appointed for each topic, who writes a general report on the basis of the various national reports that have been written on that topic. The Netherlands Comparative Law Association publishes all national reports written by the Dutch reporters. This book contains all the Dutch national reports written for the 2010 Washington congress.
No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.
The International Congress of Comparative Law, organised by the International Academy of Comparative Law, took place in Vienna from 20th to 26th July 2014. A number of different legal topics were discussed, such as: comparative law and unification of laws, legal education, private international law, environmental law, intellectual property, labour law, public international law, tax law and constitutional law. The reports written by the national commentators on their various fields are based on the questionnaires set out by the general reporting secretaries, who are experts in their own fields. Most of the German reports are published in this book.
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.