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Comparative Law News

ARTICLE: Legal Modernity and Early Amerindian Laws

Juris Diversitas - Tue, 2014-04-15 10:21
The Indigenous Nations & Peoples Law eJournal has published "Legal Modernity and Early Amerindian Laws" by William Conklin. It is now available on SSRN.

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view with the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority.
Categories: Comparative Law News

BOOK: Advanced Introduction To Comparative Constitutional Law

Juris Diversitas - Tue, 2014-04-15 10:20
Edward Elgar Publishing has recently published Advanced Introduction To Comparative Constitutional Law by Mark Tushnet.

Description Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by some of 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, presents an introduction to comparative constitutional law through an analysis of topics at the cutting-edge of contemporary scholarship. His authoritative study investigates constitution making, including the problem of unconstitutional constitutional amendments; recent developments in forms of constitutional review, including ‘the battle of the courts’; proportionality analysis and its alternatives; and the emergence 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.

Contents

Contents: Introduction 1. Constitution-Making 2. The Structures of Constitutional Review and Some Implications for Substantive Constitutional Law 3. The Structure of Rights Analysis: Proportionality, Rules, and International Law 4. The Structure of Government Conclusion Index
Categories: Comparative Law News

WORKSHOP: Workshop on Malinowski

Juris Diversitas - Tue, 2014-04-15 10:19
 The Commission on Legal Pluralism has announced a workshop on “Malinowski’s Concept of Law from the Native’s Point of View.”
Bronislaw Malinowski’s 130th Birth Anniversary International Workshop. Time: 12-13 September, 2014. Place: Cracow (Poland). Organizers: Department of Sociology of Law, Jagiellonian University, Cracow (Poland) and International Institute for the Sociology of Law, Oñati (Spain). Participants are invited to send for information about participation in and to submit a short (300 word) abstract of the paper by 1 June 2014. For more information:
Workshop Overview
Kaspar Bronislaw Malinowski (1884-1942) does not need special introduction. A lot has been written about his achievements as a “founding father” of the new paradigm of social/cultural anthropology, cofounder of mature functionalism (defined as a specific kind of social theory, as well as a particular method of scientific analysis) and the participant-observer technique. Malinowski’s views on religion, magic, totemism and culture occupy prominent place within the social sciences. Against this background, his writings on the (primitive) law are being less noticed and less discussed. His concept of law hasn’t been fully recapitulated yet. The Bronislaw Malinowski’s 130th Birth Anniversary is an excellent occasion for making critical evaluation of his legal concepts. Cracow –the town where he was born and grown up –seems to be perfect place for this event. The aim of the workshop is to create a discursive space for researchers interested in Malinowski’s views on the law. The papers presented on workshop could be concentrated on following topics: (1) the problem of dynamics of his legal thought, (2) the relationship between his and others conceptions and works (eg. Petrazycki’s), (3) the type of legal functionalism established by Malinowski, (4) his biological-based view on legal phenomena, (5)influence of his legal concepts on anthropology and legal science, (6) use of participant-observer technique to study legal institutions, (7) relation between modernism (Mloda Polska) and Malinowsi’s ideas. There are only examples of potential areas of the planned workshop. We invite all scholars interested in Malinowski’s thought as well as in application of his ideas to participate in the workshop and in this way pay intellectual homage to him.The workshop fee is 50 EUR. dr Mateusz Stęień email –
mateusz.stepien@uj.edu.pl



Categories: Comparative Law News

ARTICLE: Anthropology and Law as Two Sibling Rivals

Juris Diversitas - Tue, 2014-04-15 10:05
ARTICLE: Anthropology and Law as Two Sibling Rivals

The Islamic Law & Law of the Muslim World eJournal has published "Anthropology and Law as Two Sibling Rivals" by George Emile Bisharat. It is now available on SSRN.

This lecture discusses the relationship between two academic disciplines, law and anthropology, and suggests that the optimal relationship is, on the one hand, competitive and conflictual, and on the other hand, mutually respectful and supportive — something like the relationship between two sibling rivals. The conflictual aspects of this relationship derive from the different orientations of the two fields — instrumental for law, speculative for anthropology — and the fact that anthropology, based on long-term ethnography, often challenges and subverts law’s claims to distinctive authority. The positive aspects of the relationship build on the possibilities that each field can genuinely assist the other, as anthropological understanding can be extremely useful to lawyers, while lawyers are often the legal system’s most astute observers and critics, and thus can provide anthropologists with invaluable insights into the actual operations of legal systems. These points are illustrated through references to the author’s fieldwork in Palestine and legal practice experience in the United States.
Categories: Comparative Law News

NOTICE: SIHDA 2014 website


The website of the Société Internationale Fernand De Visscher pour l'Histoire des Droits de l'Antiquité-SIHDA 2014 is now active and operational for the registration and the first practical information at the following web address.


Categories: Comparative Law News

WORKSHOP: Recent Research in the History of Public International Law (Ghent, 23 May 2014)


On 23 May 2014, the Ghent Legal History Institute organizes a workshop on recent research in the history of public international law. 
Whereas legal history has traditionally mostly been that of private law, recent decades saw the emergence of separate journals and book series devoted to the study of other branches, such as the history of the law nations. The meeting has been set up at the crossroads between legal history, public international law and diplomatic history. Researchers from Belgium, the Netherlands, France and Germany will present their activities to qualified peers. Starting in the Early Modern Period and running up to the First World War, a representative array of sub-fields within public international law will be considered: the law of treaties, maritime law, legal theory, the laws of war or neutrality. Prof. Randall Lesaffer, an international authority in the field, will comment and conclude the day. 
Participation is free of charge, but registration is mandatory. Please contact Mrs. Karin Pensaert (Karin.Pensaert@UGent.be).

The program, platform text and bio-bibliographical information on the speakers can be found here.
Categories: Comparative Law News

ARTICLE: Prof. George Emile Bisharat on Anthropology and Law as Two Sibling Rivals

Juris Diversitas - Wed, 2014-04-09 08:55
Prof. George Emile Bisharat of University of California Hastings College of the Law on Anthropology and Law as Two Sibling Rivals
 Abstract:  This lecture discusses the relationship between two academic disciplines, law and anthropology, and suggests that the optimal relationship is, on the one hand, competitive and conflictual, and on the other hand, mutually respectful and supportive — something like the relationship between two sibling rivals. The conflictual aspects of this relationship derive from the different orientations of the two fields — instrumental for law, speculative for anthropology — and the fact that anthropology, based on long-term ethnography, often challenges and subverts law’s claims to distinctive authority. The positive aspects of the relationship build on the possibilities that each field can genuinely assist the other, as anthropological understanding can be extremely useful to lawyers, while lawyers are often the legal system’s most astute observers and critics, and thus can provide anthropologists with invaluable insights into the actual operations of legal systems. These points are illustrated through references to the author’s fieldwork in Palestine and legal practice experience in the United States.
Categories: Comparative Law News

ARTICLE: Sir Geoffrey Palmer QC on The hazard of making Constitutions: some Reflections on Comparative Constitutional Law

Juris Diversitas - Wed, 2014-04-09 04:45
The Hazard of making constitutions: some reflections on Comparative Constitutional LawRoles and Perspectives in New Zealand Law: Essays in Honour of Sir Ivor Richardson, David Carter and Matthew Palmer, eds., 2002 (Victoria University of wellington Legal Research Paper Series Palmer Paper No. 4) by Geoffrey Palmer QC, Victoria University of Wellington
Email: geoffrey.palmer@vuw.ac.nz 
Abstract:The organisers of this Conference invited the author to contribute a paper on making constitutions, which drew on his perspectives as a lawyer, academic, and former politician. A number of the observations flow from his experience practicing exclusively in the field of public law, of dealing with governments on a variety of issues on behalf of clients and seeing, on a daily basis, the subtleties, complexities, and mutations that occur constantly within the New Zealand system of government. The second strand of the paper comes from teaching comparative constitutional law in the United States of America, concentrating upon a comparison of the Westminster system and congressional government, or in the more modern characterisation, presidential government as practised in the United States. The degree of suspicion of State power and the manner in which it is exercised is one of the eternal themes of constitutional law in all countries. There are some wonderful harmonies and dissonances between the United States system and the Westminster system. These two systems are the competing model for emerging nations to emulate, at least to some degree, when approaching the task of constitution building.

The paper considers matters such as superior law constitutions, constitutional protection of fundamental rights, constitutional design, and different constitutional examples in the South Pacific. Outcomes do not necessarily flow from constitutional structures, but what they do result from is frequently a mixture of so many variables of such complexity that they cannot be effectively calculated. Economic factors, resources, geography, demography, and history are all likely to be as influential in shaping outcomes as a constitution. Law is a subset of the social system. Social and political conditions determine the law, particularly constitutional law, rather than the other way around. But New Zealand could do with some self-reflective comparison. A comparative perspective may be one way of distancing ourselves from our own dominant legal consciousness. If comparative constitutional law does anything, it forces the analyst to think more deeply about his or her own domestic orthodoxies.
Categories: Comparative Law News

SEMINAR: "La clôture de l'espace public et les biens communs matériels et immatériels: étude de cas internationaux" (Paris, 8 April 2014)


What: La clôture de l'espace public et les biens communs matériels et immatériels: étude de cas internationaux, 6th meeting of the séminaire de casuistique Le Bien commun, les biens communs, les choses communes, la collectivisation des intérêts organized by Emanuele Coccia, Emanuele Conte, Marie-Angèle Hermitte and Paolo Napoli 
Where:  École des Hautes Études en Sciences Sociales (EHESS), Centre d'études des norme juridiques Yan Thomas (CENJ), Salle D & M Lombard, 96 boulevard Raspail, 75006, Paris
When: 8 April 2014, 6:00 pm - 9:00 pm
Speakers:

Daniela Festa, Université de PérouseMaria Rosaria Marella, Université de PérouseGiorgio Resta, Université de Bari
All information here
Categories: Comparative Law News

ARTICLE: Kahn on "Does it Matter How One Opposes Hate Speech Bans? A Critical Commentary on Liberté Pour L’Histoire's Opposition to French Memory Laws"



U of St. Thomas (Minnesota) Legal Studies Research Paper No. 14-16 
Robert A. Kahn, University of St. Thomas School of Law (Minnesota)

Abstract
This paper examines Liberté pour l'Histoire, a group of French historians who led the charge against that nation’s memory laws, in the process raising unique arguments not found elsewhere in the debate over hate speech law. Some of these arguments – such as a focus on how the constitutional structure of the Fifth Republic encouraged memory laws – advance our understanding of the connection between hate speech bans and political institutions. Other arguments, however, are more problematic. In particular, Liberté historians struggle to distinguish the Holocaust (which is illegal to deny) from the Armenian Genocide (which is not). The Liberté historians also quite hostile toward multiculturalism. While this reflects the French culture in which the historians operate, it is normatively quite unappealing. This is especially true given the existence of other, more inclusive European arguments against hate speech regulation, such as those of Danish cartoon publisher Flemming Rose and Maltese Judge Giovanni Bonello. There has to be a better, more inclusive way to oppose French memory laws.
full article here
Categories: Comparative Law News

CFP: " Property Rights, Land and Territory in the European Overseas Empires", (Lisbon, 26-27 June 2014)




What: Property Rights, Land and Territory in the European Overseas Empires, Call for papers
Where: ISCTE-IUL University Institute of Lisbon, Lisbon, Portugal
When: 26-27 June 2014
All information hereDeadline for proposals submission: 20 April 2014
The occupation of territories, the rule over land and the definition of property rights, either de jure or de facto, were major concerns in the making and long-term development of almost every European overseas empire. They were also deeply interrelated with other key aspects of the empire-building process, including sovereignty claims, territorial expansion, settlement, taxation, power relations, social mobility, economic development, and the relationship with indigenous peoples. Therefore, those issues were of interest to all parts involved in the colonial venture - imperial governments, colonial authorities, first and later generations of settlers, native peoples and their elites - who dealt with them through complex and dynamic processes of negotiation and conflict.

The solutions adopted to regulate property rights and other territorial and land-related issues had their roots in legal norms, political concepts, institutions, ideologies and social practices transposed from each European metropole, then reframed and accommodated to each colonial context. Developing from different backgrounds in Europe, these theories and practices combined in a variety of ways with different conditions in the colonies, producing both contrasting and similar outcomes across time and space. 

The research on these topics has already achieved a huge body of results, but, for the most part, it has been pursued in a piecemeal fashion, either by disciplinary fields, empires or regions of the world, thus overlooking their interconnections. How can we compare the way issues of land, territory and property rights were dealt with across a variety of empires (e.g. Portuguese, Spanish, British, Dutch, French) and their different geographies? What can different branches of scholarship (from legal, economic, political, social and cultural history) offer each other? This conference aims to provide answers to these questions, by bringing these previously separate studies together into a common forum and setting them in comparative perspective.


Deadline for proposals submission: 20 April 2014, sent to lands.over.seas@gmail.com.
Paper proposals: please attach a Word file with the title, a 250-words abstract, name, institutional affiliation and a 100-words bio note of the proponent.

Panel proposals: please attach a Word file with the title and a 300-words abstract for the panel, plus the titles of papers (max 4), name, institutional affiliation and a 100-words bio note of the organizer and each presenter.
Notification of acceptance: 5 Mai 2014.

Registration fees: regular 50 €, student 40 €; after 1 June: regular 70 €, student 55 €. 
Venue: ISCTE-IUL (University Institute of Lisbon), 26-27 June 2014.

Scientific Committee:
Allan Greer, António Hespanha, Bas van Bavel, Jorge Flores, José Vicente Serrão, Rosa Congost, Rui Santos, Sanjay Subrahmanyam, Vera Ferllini

Organizing Committee: 
José Vicente Serrão, Bárbara Direito, Eugénia Rodrigues, Susana Münch Miranda

Host Institution: CEHC-IUL
Funding: FCT - Fundação para a Ciência e a Tecnologia
website: http://landsoverseas.wordpress.com/conference/ 

This Conference incorporates the activities of the FCT Research Project (PTDC/HIS-HIS/113654/2009): "Lands Over Seas: Property Rights in the Early Modern Portuguese Empire
Categories: Comparative Law News

CONFERENCE: 33rd Annual ANZLHS Conference, "Law's Empire or Empire's Law?: Legal Discourses of Colonies and Commonwealths", (Coffs Harbour, Australia, 10-13 December 2014)



What: Law's Empire or Empire's Law?: Legal Discourses of Colonies and Commonwealths33rd Annual Conference of the Australia and New Zealand Law and History Society, Call for papers
Where:  BreakFree Aanuka Beach Resort, Coffs Harbour, Australia

When: 10th-13th December 2014

All information here

Conference 10th – 13th December 2014
The University of New England (Australia) is proud to announce the 33rd Annual ANZLHS Conference, 10-13 December 2014. The Conference provides wide scope to discuss law and history in a variety of settings. Although an important context for the conference is the interrelation between imported laws of a parent jurisdiction and their application to other domains, both jurisdictional and geographical, we encourage potential presenters to interpret the conference theme broadly.Call for Papers On behalf of the School of Law of the University of New England, Australia, the organising committee of the 33rd annual conference of the Australia and New Zealand Law and History Society takes pleasure in issuing a call for papers. The conference will be held at the BreakFree Aanuka Beach Resort, Coffs Harbour, on the magnificent mid-north coast of New South Wales, between December 10-13, 2014. Further information will be made available as the conference date approaches.The conference theme is "Law's Empire or Empire's Law?: Legal Discourses of Colonies and Commonwealths". The conference theme provides wide scope to discuss law and history in a variety of settings. Although an important context for the conference is the interrelation between imported laws of a parent jurisdiction and their application to other domains, both jurisdictional and geographical, we encourage potential presenters to interpret the conference theme broadly.The keynote speakers for the conference are Professor Paul Mitchell, of the Faculty of Laws, University College London, and Professor Mike Grossberg, Sally M Reahard Professor of History & Professor of Law, Indiana University, Bloomington, USA.  Professor Mitchell and Professor Grossberg have long standing research interests in the conference theme and we are delighted they are able to present keynote addresses.The organising committee would welcome interest from lawyers and historians from any jurisdiction. The call for papers will be open until late June. Inquiries or paper proposals - including a title, brief abstract and brief biography - should be sent to mlunney@une.edu.au.

Bruce Kercher Scholarships - call for applications for 2014 conferenceThe Kercher Scholarships were established by the Australia and New Zealand Law and History Society in recognition of the substantial contribution to legal history and to the Society made by its founding President, Bruce Kercher.Scholarships are open to any postgraduate student currently enrolled in an Australian or New Zealand university wishing to attend the annual Australia and New Zealand Law and History Society Conference, and are awarded on the basis of merit through a process of application to the conference organisers. Each scholarship is valued at AUD$500. This is a contribution towards the cost of an economy class airfare to attend the conference and / or accommodation. Recipients will also have the conference registration fee waived and will be awarded a year's membership of the Society . They will also be given the opportunity to present their work in the conference programme.Scholarships are open to any full-time post-graduate student currently enrolled at an Australian or New Zealand university. If in any year there are insufficient applications by full-time students, part-time students may also be eligible. For this purpose, postgraduate means students enrolled in PhD, any Masters level degree (e.g., but not limited to, MA or LLM) and Honours where that Honours programme consists of a separate additional course taken after the relevant undergraduate studies or where Honours constitutes a separate degree to the regular LLB degree.Applicants should submit a letter which includes:
  • A summary statement of the research project being undertaken;
  • A short statement of the applicant's interest in legal history;
  • A short statement as to their future career aspirations;
  • A current curriculum vitae;
  • A short letter of recommendation from an academic member of the Faculty/School who is familiar with the student and their work, preferably the student's supervisor.
This statement must include information as to any funds to which the applicant has access to at their own institution.Applicants should send their applications to the Chair of the conference organising committee, Professor Mark Lunney (mlunney@une.edu.au) by 31 July 2014. Successful applicants will be notified by the end of August 2014.Conference Committee:Professor Mark Lunney (mlunney@une.edu.au)Mr Ben Livings (ben.livings@une.edu.au)Dr Tristan Taylor (ttaylo33@une.edu.au)Professor Michael Stuckey (hoslaw@une.edu.au)Dr David Roberts (drobert9@une.edu.au)Conference Venue and Accommodation: BreakFree Aanuka Beach Resort, on the magnificent mid-north coast of New South Wales. Accommodation is available at the conference venue on a first-come first-served basis by contacting the resort directly but there is a wide choice accommodation options available in Coffs Harbour to suit a variety of budgets. More details will be provided on the conference webpage closer to the date of the conference. Further details, including keynote speakers and Kercher scholarships will be posted in due course.Please contact Professor Mark Lunney if you have any queries.
Categories: Comparative Law News

SYMPOSIUM: India in the Global Legal Context - Courts, Culture, and Commerce

Juris Diversitas - Thu, 2014-04-03 10:32
I just discovered this Symposium. SPD
India in the Global LegalContext:Courts, Culture, and CommerceApril 4 – 5, 2014The University of ChicagoSocial Sciences 224
India’s judiciary is renowned for being assertive and innovative, as well as increasingly influential in the global legal community. Furthermore, as a postcolonial society, the world’s largest democracy, and formerly closed economy, India stands at the nexus of multiple global networks. This two day symposium will bring together faculty and graduate students from law schools and social sciences disciplines across the University of Chicago, as well as from universities across the country, to explore ongoing dialogues between India and other nations on issues like civil rights, jurisdiction, public interest law, commercial development, and religion-state interactions. 

Jayanth Krishnan • Martha Nussbaum • Eduardo Peñalver • Arvind Elangovan • Jothie Rajah • Bernadette Atuahene • Brian Citro • William Mazzarella • Elizabeth Lhost • Iza Hussin • Marc Galanter • Shyam Balganesh • Sital Kalantry • Anup Malani • Sayantan Saha Roy • Adrian Johns • Kaushik Sunder Rajan • Priya Gupta


For more information please contact the event organizer, Deepa Das Acevedo, at ndd@uchicago.edu
Categories: Comparative Law News

CONFERENCE: Words and Law (Maison Française d'Oxford, 28-29 April 2014)



Nomôdos signals a most interesting conference at the Maison Française d'Oxford, on the theme "Words and Law". Presentation:

Law is of course a language. Legal terms do have a specific meaning and we know that lawyers are very proud of that, but the frame of this legal terminology is also helpful in revealing a part of the legal mind. First, the legal terminology builds a sort of wall which shapes the identity of the law. But there is much to say about the different steps of the building of that wall. How did the lawyers choose the words among all the vocabulary; why did they prefer certain words? Why do some of them belong to the very ancient past and have others been invented? Whereas certain terms seem to be classic, a new definition can have transformed their significance. All these choices must be explored and the balance of the underlying forces be evaluated.
Different questions can be asked and different periods be investigated, as the legal terminology was first shaped by the Roman jurists, then by the glossators, then by the intellectuals of the Enlightenment. But specific attention will be given on the second part of the 19th century and the beginning of the 20th century, as then at least in France legal language acts as a controversial topic and a determining criterion of legal science. But specific attention should be paid to the issue of the language. Which language for which law? How can we understand that law can have its own language – Law French, Latin -, and how do vernacular languages manage with it? Finally, the ambition of the study-day is to get a comparative view of the growth of legal terminology. It is usual to point out the differences between civil law and common law. But if legal words are different, can the ways of constructing the legal terminology be compared?
Programme
Monday 28 aprilWharton Room, All Souls College
  • 9h-9h30. - Welcome Boudewijn Sirks (All Souls college, Oxford) and Introduction, Nader Hakim (Bordeaux).
Chair: Philippe Roussin (Maison Française d’Oxford).
  • 9h30-10h. - Jean-Christophe Gaven (Toulouse I), Discours juridique et primauté politique en 1789.
  • 10h-10h30. - Anne Simonin (Maison Française d’Oxford), Justine (1791) or the Romance of the Law of the Old Regime.
10h30-10h45. - Coffee break.Chair: Fernanda Pirié (St Cross college, Oxford).
  • 10h45-11h15 - Paul Brand (All Souls college, Oxford), The technical vocabulary of English thirteenth century law.
  • 11h15-11h45 - Paul Hyams (Cornell University), Conversation and the Common Law in the French of 12th-Century England.
  • 11h45-12h15 - Matt Dyson (Trinity College, Cambridge), Terms of art: conditioning of lawyer, Latinist and layman in the last two centuries.
12h15-14h. – Lunch.Chair: Mike Macnair (St Hugh’s college, Oxford)
  • 14h-14h30. - Guillaume Tusseau (Science-Po Paris), Bentham v. Judges and Co.: towards a linguistic criticism of legal hegemony.
  • 14h30-15h. - Philip Schofield (University college London): Bentham’s ‘Nomography’ manuscripts.
15h-15h30. - Tea.Chair: Paul Brand (All Souls college, Oxford).
  • 15h30-16h. - Soazick Kerneis (Maison Française d’Oxford), Law and Language in the legal popular sources (second to fourth century).
  • 16h-16h30. - Thomas Charles-Edwards (Jesus college, Oxford), The Languages of law in early-medieval Ireland: Irish and Latin?
  • 16h30-17h. - Boudewijn Sirks (All Souls college, Oxford), The effect of philosophy on legal language: different experience of identity or just a different expression?
19h-19h30. - Drinks at St Hugh’s College.19h30. - Dining.Tuesday 29 AprilChair: Nader Hakim (Bordeaux).
  • 8h45-9h15. - Matthieu Soula (Bordeaux), Définitions et redefinitions de l’auteur à la lumière des principes civilistes XIXe-XXe siècles.
  • 9h15-9h45. - Pierre-Nicolas BarénotComparative views of French and English legal lexicography in the XIX century.
9h45-10h15 Coffee.
Chair: Boudewijn Sirks.
  • 10h15-10h45. - Mike MacnairThe anglisation of the Law French and Latin ordered by the Act of 1731.
  • 10h45-11h15. - Yann-Arzel Marc-Durelle (Paris 13), Lingua nova? Legislator’s words for a new Order, 1789-1794.
  • 11h15-11h45. - Olivier Jouanjan (Strasbourg), La texture du droit ou le droit comme travail de textes.
  • 11h45-12h15. - ClosureBoudewijn Sirks
12h15-13h30. - Lunch.

More information here.
Categories: Comparative Law News

CONFERENCE: Borders and Boundaries in Transitional Justice

Juris Diversitas - Tue, 2014-04-01 01:50
Oxford Transitional Justice Research is holding its biennial summer conference on Friday 27 June, 2014 at the Law Faculty, University of Oxford.  OTJR welcomes papers falling within the theme ‘Borders and Boundaries in Transitional Justice.’ The past few years have seen a growing interest in cross-border issues in the study and practice of transitional justice.  For instance, the Operation Condor trial that began last year in a domestic court in Buenos Aires, Argentina, addresses transnational atrocities perpetrated in six countries in South America, and in the process raises questions about the design and validity of domestic amnesties in respect of extraterritorial wrongdoing.  In Europe, states have pursued domestic trials for international crimes committed abroad, such as genocide, or have opted to extradite suspects back to the country where the crimes occurred, highlighting a shift to the domestic application of international criminal law.  In the US, the Supreme Court’s decision in Kiobel has affected one important avenue of accountability for extraterritorial wrongdoing. At the same time, traditional boundaries in the theory and practice of transitional justice are being redrawn, creating new dynamics of inclusion and exclusion.  In Liberia, the Truth and Reconciliation Commission sought to engage the state’s diaspora community, prompting questions about who is included in transitional justice processes.  Regional bodies, including the African Union and European Union, have started to play a more prominent role in determining states’ responses to past wrongs, challenging the boundaries of decision-making in transitional justice.  These developments also raise broader conceptual questions about the relationship between national, regional, and international ideas and practices of justice and accountability. The conference will explore how these and other borders and boundaries inform and affect transitional justice.  Within this theme, potential topics might include, but are not limited to:
  • How extraterritorial atrocities are addressed in, or excluded from, transitional justice;
  • The role of refugee, diaspora, and/or foreign communities in transitional justice;
  • Nationalism and pan-nationalism after gross human rights abuses;
  • The interaction between domestic transitional justice processes and foreign, regional, or international courts, for example in the application of the principles of complementarity and ne bis in idem; and
  • The interplay between domestic and international conceptions of justice and accountability.
 To propose a paper, please send an abstract of no more than 500 words to the OTJR Convenor, Miles Jackson –   miles.jackson@law.ox.ac.uk This email address is being protected from spambots. You need JavaScript enabled to view it. – by 21 April, 2014.  Abstracts should include your name, contact details, any institutional affiliation, and the title of the presentation.  Applications from scholars of all disciplines and doctoral and early-career researchers are welcomed. Conference page is here.
Categories: Comparative Law News

LECTURE: Farran on Property and the Law (2 April 2014)

Juris Diversitas - Mon, 2014-03-31 07:26
Professor Sue Farran
(Northumbria School of Law and Advisory Council, Juris Diversitas)
'Are there guerrillas in my garden?
Challenging our understandings about property and the law'

The Board Room, Plassey House, the University of Limerick,
3:30 pm; Wednesday, 2 April 2014
This talk is informed by my experience of researching land and people in the Pacific, especially in the Republic of Vanuatu, where I lived for a number of years. There people describe themselves as being ‘people of place’.  In the west this relationship of people and land is different. It is informed by ideas of property which both inform and shape the laws which govern that relationship.  Guerrilla gardening is just one of several contemporary forms of engagement with land that present challenges to the current laws and perceptions of property. Increasingly people are engaging with land in community with others under informal and formal arrangements and getting ‘earth under their nails’ for purposes other than the investment or commercial value of land. This presentation considers the challenges posed by the people-land relationships engendered through community orchards, woodlands, city farms, backyard gardens, urban permaculture and other initiatives, to our ideas about land, property, ownership, public and private spaces. Indeed these activities prompt us to ask if there is a shift from land as property to land as place?
Professor Sue Farran, PhD (NU); LL.M (Cambridge); LL.M (Natal); LL.B (Natal); B.A. (Hons) (English) (University of South Africa); B.A. (English and Social Anthropology) (Natal, (Durban))   
Sue's teaching career started in South Africa at the University of Natal (Pietermaritzburg) while she was an LLM student, and has included posts at the University of the West of England, the University of the South Pacific (in Fiji and Vanuatu) and the University of Dundee. She has also taught at the University of Angers, Lyons III and Stamford College, Kuala Lumpur, a private college in Malaysia.
Sue is an Adjunct Professor at the University of the South Pacific and an Associate at the Centre for Pacific Studies, St Andrews University. She is also an external examiner at Glasgow University, Middlesex University, and has been an external examiner at the University of the South Pacific, the University of Queensland and Southern Cross University, Australia.  She is a reviewer for a number of academic journals including most recently the Commonwealth Law Bulletin, the Journal of the Australasian Law Teachers Association, Oxford Journal of Legal Studies, Laws, Melbourne Journal of International Law, Anthropological Review, Ethnology and the Journal of Human Rights
Enquiries to: sean.donlan@ul.ie  
Categories: Comparative Law News

CALL FOR PAPERS: International Conference on Trade, Business and Economic Law

Juris Diversitas - Sun, 2014-03-30 12:26
International Conference on Trade, Business and Economic Law (ICTBEL) provides an opportunity for academics, practitioners, consultants, scholars, researchers and policy makers with different backgrounds and experience to present their papers in the conference in Eginburgh, UK 16 June 2014.


Conference committee highly encourage doctorate (PhD) and postgraduate students to present their research proposal or literature review or findings or issues in this conference with a very special registration fees. Case studies, abstracts of research in progress, as well as full research papers will be considered for the conference program for presentation purposes.  ICTBEL Organising Committee has now issued call for papers to be presented in the June 2014 conference, which will be held in Edinburgh, United Kingdom. Papers may address, but are not restricted to, the main theme from any of the following sub-themes.
  • International Trade Law
  • International Economic Law
  • International Business Law
  • Corporate/Commercial Law
  • Climate Change, Sustainable development and International Trade
  • Impact of Liberalisation and globalisation on trade, business and investment
  • Globalisation and Free Trade
  • Trade Policy 
  • Economic and Finance
  • International Trade Frauds 
  • Money Laundering regulations
  • Bribery and Corruption 
  • Foreign investments 
  • Mergers and Acquisition 
  • Jurisdiction and Enforcement of Judgments 
  • International commercial arbitration and litigation    
  • Import and Export 
  • Letters of Credit 
  • WTO and related agreements
Deadlines:
  • Abstract/proposal (300-500 words) by 14th April 2014  and/or 
  • Full Paper (Maximum 5,000 words) by 12th May 2014 to the Conference Committee. 

  • Details here.
    Categories: Comparative Law News

    SEMINAR: Islamic Law and the French and European Legal Order

    Juris Diversitas - Fri, 2014-03-28 12:22
    Islamic Law and the Frenchand European Legal Order

    The Protection Project at The Johns Hopkins University School of Advanced International Studies, Washington, DC, in cooperation with the Eason Weinmann Center for International and Comparative Law at Tulane University, New Orleans, LA, the World Society for Mixed Jurisdiction Jurists, and the Société de Législation Comparée, Paris, France, are organizing an international seminar on the topic of “Islamic Law and the French and European Legal Order: The Public Law and Private Law Issues,” scheduled to take place in Paris, France, on the dates of April 28-29, 2014, at the Westin Paris - Vendome.

    The international seminar will serve as a forum for a discussion of Islamic law as evidenced in the decisions of the European Court of Human Rights (ECHR), the European Court of Justice (ECJ), in the Conseil d’Etat and Constitutional Council decisions in France, and such questions as Islamic finance, marriage and divorce, successions under the Civil code, and so forth. 
    The seminar will also examine various topics of comparative law in both public law and private law in the Islamic legal system and the French and European legal order. 
    Finally, the seminar will serve to foster academic exchange and dialogue in these areas of law between European and Middle Eastern legal scholars, as well as scholars from the United States. 
    Participants will include scholars from countries including Egypt, Iran, Kuwait, France, and the United States, among others.
    Categories: Comparative Law News

    ANOTHER CRY FOR HELP: Juris Diversitas Needs a Web Editor

    Juris Diversitas - Fri, 2014-03-28 08:35
    JURIS DIVERSITAS needs a WEB EDITOR!









    I’ve managed the Blog since its creation in 2010 and our Facebook and Twitter pages since they followed in 2012 and 2013. My other obligations mean that I can’t continue to do this. 

    A new Web Editor is essential if the Blog, etc is to continue.
    The Editor will have primary responsibility for the development of the Blog and related pages. But the Editor doesn't need to merely continue as I’ve done, ie to providing information on events and publications related to our very broad themes. 
    The new Editor might instead make the site a more active place for discussion. This was always our hope. The new Editor might forge more active links with other associations and websites. There's so much more that can be done.
    But the Blog is essential to our overall aims. The new Editor would work closely with our Executive and additional bloggers. They'd play an active part in determining the shape of our Society into the future.
    And, in truth, while we're especially interested in people with blogging experience, the job isn't really all that difficult. At most, only a few hours a week would be required.
    In addition, we could also use additional Bloggers:
    Guest Bloggers would be permitted to create discursive, opinion-oriented posts, within the bounds of our aims, for an agreed period of time. The time commitment is likely to be minimal and individuals needn’t have previous blogging experience.
    Numerous individual Bloggers would commit to making the occasional informative or discursive posts, largely by collating existing information on events, publications, etc. The time commitment for this will be minimal and individuals needn’t have previous blogging experience.
    Interested individuals should contact me at sean.donlan@ul.ie.
    Categories: Comparative Law News

    COMPETITION: 2014 SIEL Essay Prize

    Juris Diversitas - Thu, 2014-03-27 14:37
    The Society of International Economic Law welcomes submissions to its 2014 Essay Prize Competition.Submissions may be on any area of international economic law, except for international commercial arbitration and EU law, and the deadline is 30 September 2014.
    The Prize consists of £200, plus £300 worth of books from Cambridge University Press and a 3 year print subscription to the World Trade Review, and an invitation to present at the next SIEL Biennial Conference.
    The winning essay will be considered for publication by the World Trade Review. The Essay Prize Competition is open to students, practitioners and academics whose last degree was after before 30 September 2009. Further details are available at http://www.sielnet.org/essayprize.
    Categories: Comparative Law News