Comparative Law News

JOB: Fellowship at the Stanford Center for Law and History (DEADLINE 28 FEB 2017)


(image source: Stanford)
The Stanford Center for Law and History advertises a position as fellow for candidates wishing to pursue an academic career at the intersection of law and history.

The Center:

The Stanford Center for Law and History, directed by Professor Amalia Kessler, brings together faculty and students from across Stanford University’s many schools and departments (and beyond) to participate in a broad range of conferences, workshops, and lectures devoted to examining the multifaceted interrelationships between law and history (without geographic, temporal, or other subject-area limitations).


The Goal:

This fellowship is intended for people who have completed (or will soon complete) their training in law and history and who seek to pursue an academic career at the intersection of the two fields.

The Fellowship:

The Stanford Center for Law and History is a residential fellowship that provides an opportunity to conduct research in the dynamic environment of Stanford University.  We prefer two-year fellowships to help the fellow complete a significant body of independent scholarship, but we are willing to consider one-year terms.  We expect that fellows will dedicate most of their time to pursuing their proposed research projects but will also devote some time to organizing and implementing other Center activities, including an ongoing workshop series and an annual conference.  Fellows are encouraged to become part of a lively law-school-wide community of individuals with an interest in academia by attending weekly faculty lunch seminars and by participating in activities with the other fellows at Stanford Law School to learn more about one another’s scholarship and about academic life more generally.  In addition, fellows are encouraged to attend and participate in the broad range of lectures and workshops available within the broader university, including inter alia, the History Department and the Stanford Humanities Center.
For the 2017-2018 fellowship, we will provide a workspace, a competitive salary, and a generous benefits package.  Applicants who have completed (or are soon to complete) both a J.D. and a Ph.D in history are strongly preferred.

The Application Process:

All applicants should apply through the Stanford Careers website, Job Number 73767, and should include the following: (1) a CV; (2) a sample of academic writing; (3) a research proposal of no more than five double-space pages (briefly outlining past work but focused primarily on research to be undertaken during the fellowship); and (4) official transcripts of all academic work pursued in college, as well as in graduate programs.  In addition, (5) applicants should provide two letters of recommendation, to be emailed directly by the recommenders themselves to Molly Pahkamaa at mpahkama@law.stanford.edu.
All applications should be submitted no later than Tuesday, February 28, 2017.

(source: HNet)
Categories: Comparative Law News

JOB: Scientific Collaborator (65%) for the Project "Formulae-Litterae-Chartae" (Akademie der Wissenschaften, Hamburg); DEADLINE 15 FEB 2017

(image source: Uni Hamburg)
Prof. dr. D. Heirbaut transmitted a vacancy at the University of Hamburg in the framework of the project "Formulae-Litterae-Chartae".

Potential candidates should ambition a PhD-dissertation in either medieval history, medieval philology or legal history.

Full details here.
Categories: Comparative Law News

CALL FOR PAPERS: International Conference of the French Society for Legal History (Tours, 1-4 Jun 2017)


(image source: sdhtours)
The Société d'Histoire du Droit hosts its international conference at the university of Tours, from 1 to 4 June 2017.

Proposals for presentations can be sent to shdtours2017@univ-tours.fr.

The organizers have put up a full conference website here.
Categories: Comparative Law News

Law & Literature on 'Legal Bodies'

Juris Diversitas - Wed, 02/08/2017 - 13:35
Special Issue - Legal Bodies: Corpus/Persona/CommunitasWe are pleased to offer you free access* to the latest Special issue from Law & Literature on 'Legal Bodies'. Read the Special Issue here.Law & Literature is the leading interdisciplinary law journal directed to law and the arts. This issue investigates the way literary and artistic texts interrogate the notion of 'personhood', focussing on both historical and contemporary (re-) conceptualizations of the notion within the domain of law.Articles include:  Begin reading now.*Free access is available until the end of February, 2017.Kind regards,
Bryony Goodwin
Routledge Law
Categories: Comparative Law News

CONFERENCE REPORT: International Law and the Long Nineteenth Century (University of Leuven, November 24-25, 2016) by Ana Delić, Tilburg University

(Image source: F. Dhondt)
Leading scholars as well as junior researchers met in the historic faculty of Leuven University to discuss international law in the long nineteenth century. The event began with a warm welcome by the university’s dean, Prof. Bernard Tilleman who revealed a most interesting anecdote for the international legal historians assembled: the Peace of Versailles had obliged Germany to restore the library of the university. This was followed by warm welcome addresses by Prof. Randall Lesaffer and Dr. Inge van Hulle, the organizers of this well-orchestrated event.


Day One
Panel One: The Eighteenth-Century Fall-Out of Nineteenth-Century International Law (Chair: Randall Lesaffer)Member of the International Court of Justice, James Crawford considered the basis on which France participated in the Congress of Vienna, the status of Napoleon during the Hundred Days and the legal basis for French responsibility for war damages resulting from the Hundred Days. Crawford eloquently argued that the Bourbon dynasty was legitimized by the prevailing monarchic theory of sovereign power. On the other hand, the status of Napoleon during the Hundred Days was less clear. Certainly, he was not a head of state and as such the basis of reparation for damages incurred by France during this period was discussed on the basis of the theory of responsibility.

Camilla Boisen argued that Edmund Burke bridged the two concerns of international law: authority and enforcement. It was Burke who provided the conceptual scope needed to resolve the issues of enforcement by prescribing specific common law foundations, binding the legal and the moral in international law and presenting it as domestic law.

Inge van Hulle explored a case-study: the legal connections and regimes that developed between British imperial agents and indigenous African communities living in West Africa in the period prior to the Scramble. Anglo-African international relations initially developed on the basis of mutuality and relative equality between parties, but simultaneously, there were imperial legal techniques as well(e.g. extraterritorial jurisdiction, anti-slave trade treaties, the extension of protection to African communities).

(image source: F. Dhondt)
Panel Two: Neutrality (Chair: Inge Van Hulle)
Frederik Dhondt’s discussed how Belgium’s compulsory neutrality  of the 1810 to the 1830s was just one out of multiple tools to guarantee ‘le repos de tous’ and in reality was mostly superficial. Belgium’s compulsory neutrality arose out of a particular socio-historical context –the expansionist and revisionary stance of Napoleon III- and resulted in an interesting reception, including  the view of it as an economic advantage, a legitimation of colonialism, and foremost as a threatened status.

Shavana Musa examined the law of neutrality focusing on the conflicts during the Latin American Wars of Independence. The role of neutrality was discussed as the means of enhancing imperial and commercial power, as a peace-making tool and as a body of law that provided individual (justiciable) rights within the international sphere.

Viktorija Jakimovska’s discussed how throughout the Greek War of Independence, Great Britain generally avoided being dragged into a war but it eventually wished to influence the outcome of the conflict. From 1826-1827, Britain failed to adhere to the essentialia neutralitatis notwithstanding the fact that it never officially renounced the neutrality of its conduct.

Panel Three: Historiography of International Law (Chair: Frederik Dhondt)
 Miloš Vec’s pinpointed key historiographic trends of the nineteenth-century including sources of international law, the conception of the public law of Europe, the so-called shift to a so-called global international law, the regulation of warfare and new technologies around 1900, and state practice.

Jan Lemnitzer examined how the 1850s was a crucial decade in transforming the system of the European law of nations into a universal system of international law. The proliferation of multilateral law-making treaties with the Declaration of Paris in 1856, the growth of international trade, and the rise of independent Latin American states resulted in further contacts between European and non-European states. However, the rise of exclusion in international law was exemplified by the spread of detailed rules for ‘civilized war.’


Day Two
Panel One:  Professionalization and International Law (Chair: Gabriela Frei)
 Stephen Neff discussed how the Darwinian revolution gave rise to American anthropologist Lewis Henry Morgan’s three-fold categorisation of human societies as savage, barbarous and civilised. This found a reflection in the international-law writing of James Lorimer buttressed by imperialistic policies of the European states and, generally, a hierarchical outlook on the part of international lawyers. Evolutionary thought also influenced a revival of natural-law modes of thought as the only acceptable normative regulation of relations between civilised and savage states. In stark opposition to the evolutionary scheme was diffusionism exemplified by Herbert Spencer’s theory of a general progression from militaristic to industrial modes of life. Diffusionism did not gain much traction with nineteenth century international lawyers.

Vincent Genin analysed how the Institut de Droit International (founded in 1873) represents the first major step in the institutionalization of the discipline. The speaker  discussed how in the last quarter of the nineteenth century, the IDI juggled between its self-affirmed role as the ‘public conscience of the civilized world’ versus historic tides of nationalism, the multiplication of conflicts and colonial rivalries.

Ana Delić discussed the formative interactions between comparative law and private international law during the modern period. Comparative law was instrumental to modern private international law in the civil law and common law traditions in three ways: 1) scholars studied private international legal approaches comparatively; 2) the comparative approach was a key aspect of preliminary materials aiding in private international law-making; and 3) courts relied on a comparative study of conflicting rules in order to assess which is the applicable law or jurisdiction.

(image source: F. Dhondt)
Panel Two: Empire and the Periphery in the Nineteenth Century (Chair: Camilla Boisen)
Andrew Fitzmaurice explored the standing of non-European nations in the work of the nineteenth century jurist Sir Travers Twiss. Archival materials were presented which painted a colourful picture of Twiss’ personal life, including his marriage to a prostitute. This union eventually destroyed his career. In terms of Twiss’ legacy to international legal history, he had advocated the view that non-European states (including China, Japan, the Ottoman Empire, Egypt, and the ‘African Slave-states’) were equals with European powers in the law of nations. His view sprung not from humanitarian concerns but from a concern for the duties (and not rights) of these nations.

Stefan Kroll discussed the Shanghai International Settlement (1863-1943), a zone within the area of Shanghai which was detracted from the authority of Chinese rule, and which was controlled by the self-government of foreign merchants (the Municipal Council). While the mixed court was expected to apply Chinese norms, in reality, foreign norms and judicial practices were being introduced. The Su bao-case (1903) illustrates the mixing of legal systems within the merchant court. This case concerned political radicalism against the Chinese government.

Luigi Nuzzo presented an Italian history of international law, focusing on Pasquale Stanislao Mancini and his pragmatic approach to international law. Mancini’s imprint on international law is exemplified by his insistence on the principle of nationality but his legacy has not been given its proper due. Analysing forensic memories, legislative deeds, parliamentary speeches, editorial projects rather than doctrinal works provides further food for thought with regards to his contribution.

Panel Three: Individuals and International Law (Chair: Andrew Fitzmaurice)
Gabriela Frei examined the biography of Sir William Jones, a judge at his Majesty’s supreme court of judicature at Fort William, the citadel of Calcutta in Bengal, and a well-known orientalist of the eighteenth century. Jones also wrote the first English translation of Hindu and Muslim laws, and thus made those texts available to the Western world. He believed that only local laws would allow a basis for a fair and just legal system. The paper also discussed the multiple legal systems co-existing at this period in Bengal, which developed legal standards for the commercial enterprise of the East India Company.

(image source: F. Dhondt)
Raphael Cahen retraced the beginning of the Mahmoud Ben Ayed case (1855-1858) through an examination of documents from the archives of Joseph Marie Portalis, a famous judge and diplomat, who had been charged to administer the case. This case involved the extradition of Mahmoud Ben Ayad from France back to Tunisia. Ben Ayad, a famous Caïd and minister of commerce, was charged with embezzlement of state funds.

Raymond Kubben analyzed the conception of statehood within international legal textbooks of the long nineteenth century. The definition of the state in the early period were varied and typically reverted to abstract Roman law or philosophical concepts such as civitas or communitas perfecta. Over the course of the nineteenth century, textbooks would specify the legal concept, slowly forming definitions akin to the one in the 1933 Montevideo Convention.

Categories: Comparative Law News

CALL FOR ABSTRACTS: Rethinking the World Order: International Law and International Relations at the End of the First World War, Oxford, 31 Aug-1 Sep 2017 (DEADLINE 31 MAR 2017)

(image source: Rethinking the World Order)
The horrors of the Great War and the desire for peace shaped scholarship in International Law and International Relations (IR) during the late 1910s—a stimulating time for both disciplines. Scholars observed and analysed political events as they unfolded but also took an active part, as governmental advisors or diplomatic officials, in devising the new international order. The Paris Peace Conference and the subsequent birth of the League of Nations as well as the Permanent Court of International Justice served as testing grounds for new legal and political concepts. The end of the First World War was in many ways a milestone for both disciplines, prompting scholars to reflect on the consequences of the war on society, politics, and the world economy. How could another world war be avoided in the future? How could states be held accountable for violations of international law? What were the preconditions for peaceful international governance? These questions led to pioneering research on issues such as arbitration, sanctions, revision of treaties, supra-national governance, disarmament, self-determination, migration, and the protection of minorities. At the same time, the study of International Law and IR also advanced in terms of methodology and teaching, including new professorships, journals, conferences and research centres.
A century later, it is a good moment to reflect upon disciplinary histories and revisit some of the theoretical and practical debates that shaped the period from 1914 to 1945. The workshop conveners are particularly (but not exclusively) interested in the following research questions:
• Was the First World War a watershed moment for the development of International Law and IR?
• Which were the key debates in both disciplines? And how can they be re-interpreted today?
• What were the connections and/or dividing lines between the two disciplines?
• Did International Law and IR evolve similarly across different countries?
• Who were the principle actors, both individuals and institutions, in the respective fields?
• Which role did International Law and IR respectively play in shaping ‘real-world’ policy? And to what extent were theoretical developments shaped by political events?
• How did ideas float between academia and politics?
• How successful were non-governmental organisations—such as academic societies, arbitration clubs, political pressure groups, League of Nations clubs, the International Committee of the Red Cross (ICRC), etc.—in achieving their goals?The two-day interdisciplinary workshop will be held at the European Studies Centre (ESC) at St Antony’s College, Oxford from 31 August to 1 September 2017. We invite abstracts from early career researchers and advanced postgraduate students in history, law, IR and other related disciplines to share their research in a multi-disciplinary environment. By facilitating this exchange we hope to open new avenues of research and to encourage new approaches to the history of both disciplines. We are planning to have six panels, one keynote address, and an open plenary session that allows all participants to pitch their research projects.

Please submit your proposal (including a title, 300 words abstract, and a short bio) to jan.stoeckmann@new.ox.ac.uk by 31 March 2017. Successful applicants will be notified by 30 April 2017. We are currently working on logistical details, including reimbursements and publication plans, and will keep you updated. For updates see: www.rethinkingtheworldorder.wordpress.com.

Contact:
Dr Gabriela Frei
British Academy Postdoctoral Research Fellow
Junior Research Fellow in History
Jesus College, Oxford
gabriela.frei@jesus.ox.ac.uk Jan Stöckmann
DPhil Candidate in History
New College, Oxford
jan.stoeckmann@new.ox.ac.uk
www.rethinkingtheworldorder.wordpress.com
Categories: Comparative Law News

New from Hart Publishing

Juris Diversitas - Tue, 01/31/2017 - 12:47
Legitimate Expectations in the Common Law WorldEdited by Matthew Groves and Greg Weeks
The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213.  Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking   contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.
Matthew Groves is Professor of Law at the Faculty of Law, Monash University.Greg Weeks is Senior Lecturer in the Faculty of Law, University of New South Wales.
Click here for more details about the Hart Studies in Comparative Public Law Series
January 2016     9781849467780     368pp     Hardback     RSP: $108
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)
Please click here for more information about this title and to order online
Negligence and IllegalitySharon Erbacher
This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Sharon Erbacher is a Senior Lecturer at the Law School at Deakin University, Australia.
Click here for more details about the Hart Studies in Private Law Series
January 2016     9781509906666     272pp     Hardback     RSP: $108
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)
Please click here for more information about this title and to order online
Private Law and PowerEdited by Kit Barker, Simone Degeling, Karen Fairweather and Ross Grantham
The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the ‘private’ power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.
Kit Barker is Professor of Private Law, Karen Fairweather is an  Associate Lecturer and Ross Grantham is Professor of Commercial Law, all  at the TC Beirne School of Law, University of Queensland.Simone Degeling is Professor of Law at UNSW Australia.
Click here for more details about the Hart Studies in Private Law Series
January 2016     9781509905997     320pp     Hardback     RSP: $128
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $115.20 (+ postage)
Please click here for more information about this title and to order online
SIXTH EDITIONDalhuisen on Transnational Comparative, Commercial, Financial and Trade Law3 Volume SetJan H Dalhuisen
This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivaled. The work is divided into three volumes, each of which can be used independently or as part of the complete work.Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements.Volume two deals with transnational contract, movable and intangible property law.Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe.All three volumes may be purchased separately or as part of this set.
Jan H Dalhuisen is Professor of Law at King's College London and Miranda Chair in Transnational Financial Law in the Catholic Universtity in Lisbon. He is a Visiting Professor at the University of California at Berkeley and former Visiting Professor at the Tsinghua University in Beijing, the University of Hong Kong and the University of New South Wales in Sydney Australia.
January 2016     9781509907533     Hardback     RSP: $534
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $480.60 (+ postage)
Please click here for more information about this title and to order online
Access to Justice and Legal AidComparative Perspectives on Unmet Legal NeedEdited by Asher Flynn and Jacqueline Hodgson
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Asher Flynn is a Senior Lecturer in Criminology within the School of Social Sciences at Monash University.Jacqueline Hodgson is Professor of Law and Director of the Criminal Justice Centre in the School of Law, University of Warwick.
January 2016     9781509900848     336pp     Hardback     RSP: $94
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $84.60 (+ postage)
Please click here for more information about this title and to order online
EU Non-Discrimination Law in the CourtsApproaches to Sex and Sexualities Discrimination in EU LawJule Mulder
Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries’ approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems  are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.
Jule Mulder is a lecturer in law at the University of Bristol.
January 2016     9781849467636     344pp     Hardback     RSP: $88
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $79.20 (+ postage)
Please click here for more information about this title and to order online
Multilevel Constitutionalism for Multilevel Governance of Public GoodsMethodology Problems in International LawErnst Ulrich Petersmann
This is the first legal monograph analysing multilevel governance of global ‘aggregate public goods’ (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a ‘new philosophy of international law’ in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches’ are justified by the universal recognition of human rights and by the need to protect ‘human rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of ‘disconnected’ governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as ‘constituent powers’, ‘democratic principals’ and main ‘republican actors’, who must hold multilevel governance institutions and their limited ‘constituted powers’ legally, democratically and judicially more accountable.
Ernst Ulrich Petersmann is emeritus professor and former head of the law department of the European University Institute at Florence (Italy). He combined 40 years of legal practice in German, European, UN, GATT and WTO governance institutions with teaching international and European law at numerous universities in Germany, Switzerland, Italy, the USA as well as in African and Asian countries. He was secretary, member or chairman of numerous GATT/WTO dispute settlement panels and chairman of the International Trade Law Committee of the International Law Association (1999–2014).
January 2016     9781509909124     416pp     Hardback     RSP: $114
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $102.60 (+ postage)
Please click here for more information about this title and to order online
Please click on the links below each title to order through our website, alternatively please contact ISBS to place your order quoting the reference ‘HART EMAIL’ISBS (International Specialized Book Services), 920 NE 58th Avenue, Suite 300, Portland, OR 97213-3786, USATel: +1 503 287 3093 or toll-free: (1) 800 944 6190; Fax: +1 503 280 8832   E-mail: orders@isbs.com; Web Site: http://isbs.com
Categories: Comparative Law News

CONFERENCE & CFP: "Post-Communist Restitution of Nationalized Property" (Cluj-Napoca, Romania, September 29, 2017)


WHAT Conference & CFP: Post-Communist Restitution of Nationalized Property
WHEN September 29, 2017
WHERE  Sapientia Hungarian University of Transylvania, Department of Law, Cluj-Napoca, Romania
Arrival of the participants on September 28, 2017 and departure on September 30, 2017
Submissions are cordially invited for the conference Post-Communist Restitution of Nationalized Property, an international scholarly conference devoted to the problems and present status of the restitution process of properties confiscated by the communist dictatorial regimes. The goal of this conference is to provide a forum where legal scholars and practitioners from Central and Eastern Europe gather together to present and discuss issues relevant to post-communist restitution of nationalized property from various perspectives. We welcome both theoretical and empirical submissions. Junior scholars are particularly encouraged to participate.
The presentation proposals should include the name and contact information of the presenter and an abstract of the presentation (500 words maximum).
The proposed panels are:
— Legal History of Communist Nationalizations— Restitution of Nationalized Church Property— Restitution of Movable Property— Restitution of Agricultural Lands— Restitution of Residential Property— Restitution of Industrial Property— Compensation Mechanisms



Submissions: The deadline to send the presentation proposal and the abstract: March 17, 2017. Submissions should be directed to Mr. Norbert Szeredai, e-mail: szeredai.norbert@kv.sapientia.ro
All submissions will be reviewed by the organizersof the conference.
Notification on the acceptance of papers: April 7, 2017.
The chosen papers will be presented during plenary and panelsessions with the presentation time being (strictly) limited to 15 minutes. There will be short discussion time guaranteed in each concurrent workshop session.
For the presenters of accepted papers the organizers will provide full accommodation (except travel expenses).
Submission of the final paper for the conference publication: October  27, 2017.
Organizing committee:
Prof. dr. Emőd VeressDr. Attila Varga, Judge of the Romanian Constitutional CourtDr. Szilárd Sztranyiczki, Associate ProfessorProf. dr. Márton TonkDr. Tamás Nótári, Associate Professor
Categories: Comparative Law News

EXTENDED DEADLINE, JOB OFFER: Research Assistant /PhD Candidate / Post-Doc in Research Training Group "Metropolität in der Vormoderne" (University of Regensburg, Germany)

JOB OFFER, Research Assistant /PhD Candidate / Post-Doc in Research Training Group "Metropolität in der Vormoderne", 
EXTENDED DEADLINE: February 9, 2017, 12:00
The DFG (Deutsche Forschungsgemeinschaft) Research Training Group 2337/1 "Metropolität in der Vormoderne" (University of Regensburg, Germany) offers  10 x 0,65 Research Assistant / PhD Candidate and 1 x Post-Doc position.
all information here (only in German)
Categories: Comparative Law News

CFP & INTERNATIONAL WORKSHOP: "Changements et Continuités. Histoire global, Culture visuelle et Itinérantes" (Lisbon, September 14-16 2017)



WHAT Call for papers & International Workshop Changes and Continuities. Global History, Visual Culture and Itinerancies
WHEN September 14-16, 2017

WHERE Lisbon, Faculdade de Ciências Sociais e Humanas – Universidade Nova de Lisboa
deadline March 31, 2017all information here
Organization: IEM, CHAM, IHC, IHAOrganization Committee: Francisco José Díaz Marcilla (IEM), Francisco Zamora Rodríguez (CHAM), Jorge Tomás García (IHA) e Yvette Santos (IHC)
Following the I (2014) and II (2015) International Workshops “Changes and continuities”, the Institute of Medieval Studies, the Portuguese Centre for Global History, the Institute of Contemporary History and the Institute of Art History, will organize the III Workshop entitled Changes and Continuities. Global History, Visual Culture and Itinerancies, to be held at the FCSH-UNL (September 14-16, 2017).
The MeC3 will focus on three main research lines. All proposals will be distributed in one of them, under an interdisciplinary and trans-historical frame. Thus, the MeC3 accepts proposals relating to the following topics:
1.      Global History - One of the main challenges that History has to face is globalization. National studies have demonstrated their incapability to correctly understand global phenomena, and the way in which they affect societies. This is why new parameters of study are needed. In this thematic line, the methodological and theoretical issues -in addition to the strictly historical one- will be studied n terms of globalization, from its origins, to its development and its present. Proposals may focus on the following subjects (not exclusively): comparative studies, evolution of global phenomena, historical processes in their diachrony, regional studies, changing economies, cultural continuities, methodological questions on globalization, etc.

2.      Visual Culture - The insertion of Visual Culture in the theoretical methodology of Global History responds to the need to vindicate interdisciplinary. Through this theoretical approach, it will be possible to build a place of convergence for the different areas of Humanities; with the ultimate aim of creating a space for dialogue between the concepts of “Global History” and “Visual Culture”. Only then we would be authorized to act through a “cultural visuality”. A better knowledge of the mechanisms of cultural interaction -underlining the process- remains an important problem, because the construction and deconstruction of Visual Global History is still taking place today. Therefore, rather than the study of images it is the study of the social life of images that will make sense. Proposals may focus on the following subjects (not exclusively): traveling images, borders and images, social life of images, Visual Culture in Global History, theoretical sources for the study of the itinerant images; aesthetics of migration.
3.      Itinerancies - One of the fundamental characteristics of Global History is interconnection. All human beings interact with each other, either passively or actively. In this context, one of the most relevant parameters of change emerges: the itinerancy of culture and knowledge. Therefore, itinerant agents take with them a cultural baggage, transporting and transmitting it to other spaces. In this way, the interconnection begins, producing active changes in Global History and Visual Culture. The relevance of the concept is due to the fact that it covers different areas of action: people who act as itinerant agents; materials that are brought in and taken away (traveling objects); origin and reception places of itinerant elements (anthropology of itinerancy); the visual, artistic or written representation of the phenomenon of itinerancy.
This Workshop aims to bring together researchers from different chronological periods, at different stages of their research, and to work on the themes indicated above. To submit a proposal you must complete the form available at http://3wimec.blogspot.pt/search/label/Inscri%C3%A7%C3%A3o until March 31st. Abstracts and a short biography should contain a maximum of 300 words each. 
Proposals may be in Portuguese, Spanish, English, French or Italian.
The Workshop includes the payment of a registration fee of € 20 for students and € 30 for researchers who submit a communication.
The organizers of the Workshop foresee the publication of a collective volume in 2018. Full papers will be subjected to a peer-review process and then published.
LabNet: Networking Lab - Platform for creation of European projects

Within the MeC3 activities, this edition will incorporate a parallel event, open to all researchers, designed as a laboratory to share ideas and networks, in order to facilitate the creation of European Institutional Projects (not Individual).
Categories: Comparative Law News

JOBS: "Three job opportunies at the University of Helsinki" (Helsinki, 2017)


The University of Helsinki is among the leading multidisciplinary research universities in the world. In addition to its 11 faculties, the University of Helsinki includes several independent institutes, some of which are jointly operated with other universities. Some 36,000 students are currently pursuing an undergraduate or postgraduate degree at the University.The Faculty of Law at the University of Helsinki is the leading Finnish institute of legal research and education. Some of the Faculty degrees are completed at the bilingual Vaasa Unit of Legal Studies http://www.helsinki.fi/oik-vaasa/english. The Faculty’s mission is to train qualified, ethically responsible legal professionals for both the Finnish and international markets through high-quality international research and research-based teaching. The Faculty offers undergraduate degrees in Finnish, Swedish and English as well as a bilingual degree in Swedish and Finnish. The Faculty has a teaching and research staff of around 130 people and 2,400 undergraduate and postgraduate students.
Three exciting job opportunies at the University of Helsinki, for those interested in global, transnational, or Russian law: 
  • ASSISTANT/ASSOCIATE PROFESSOR OR PROFESSOR in Law and Globalisation (deadline February 15, 2017):

The position is located at the Faculty of Law. The position may be filled as an assistant professor/associate professor (tenure track system) or a professor, depending on the candidates’ merits and career stage. A person who is appointed to a tenure track position is employed as an assistant professor for fixed-term employment, during which his or her performance will be monitored and evaluated according to the criteria defined when concluding the employment contract. Successful rating in the assessment will lead to new fixed-term employment as associate professor, the overall aim being a permanent position as professor. A person who is appointed to a tenure track position can also be employed directly to the second stage fixed-term position as an associate professor. If employed as a professor, the appointee’s employment agreement will be concluded for an indefinite period.

Globalisation requires increasingly cross-border legal regulation, practices and institutions. Climate change, human rights violations, inequality, poverty, refugees and cross-border economic and financial crisis are urgent global problems. Human rights, sustainable development and rule of law principle set new demands for global, regional, national and local regulation and governance. The tension between globalisation and new nationalism causes new kind of legal, political and economic problems in a politically conflictual world. In example, so called BRICS countries confront another kind of globalisation than developed countries and less developed countries. On the one hand, global non-governmental organizations (NGO) and, on the other hand, arbitration systems have become part of global regulation. Moreover, globalisation changes the operational environment of indigenous peoples. Among other things, these topics belong to the field of law and globalisation.For a person to be eligible for a tenure track position, he or she must have completed a doctoral degree in and are expected to have expertise in one of the following fields of research: have remarkable scientific and teaching merits and notable expertise in some of the following areas of research: global law, global justice, global governance, international law, international private law, international business law, international economic law, international relations, human rights and rule of law, development law, sustainable development. An appointee to a professorship shall possess also top-level scholarly qualifications and experience in the supervision of scientific research. In addition, the appointee shall present documentation of international cooperation in the field of research that he or she represents.The assistant/associate professor/professor will carry out scientific research in the field of the position, head and develop research in the field, provide teaching based on research and supervise master’s and doctoral thesis, acquire research funding, and participate both in international and national scientific cooperation and in societal interaction. The assistant/associate professor’s or professor’s duties will also include the provision of teaching in the field, the supervision of theses and dissertations, and the management and development of research in the field by relying on national and international networks in line with the University of Helsinki’s 2015 profile proposal to the Academy of Finland (http://www.aka.fi/globalassets/10rahoitus/hakuilmoitukset/hakuilmoitus_p...).An appointee to the position of assistant/associate professor in the tenure track system shall have the ability to conduct independent scholarly work and have the teaching skills necessary for the position. In addition, applicants for assistant/associate professorships shall demonstrate their ability and motivation for an academic career through publications and other means.An appointee to a professorship shall have top-level scholarly qualifications, experience in the supervision of scientific research, as well as the ability to provide top-level research-based teaching and to supervise theses and dissertations. In addition, the appointee shall present documentation of international cooperation in the field of research that he or she represents. Holders of professorships shall also have the skills necessary for serving as an academic leader.According to the Government Decree on Universities, assistant/associate professors and professor must be proficient in Finnish. They must also have at least satisfactory spoken and written skills in Swedish. Foreign citizens, non-native Finnish citizens or citizens who have not been educated in Finnish or Swedish may be exempted from this requirement without a separate application.The salary for the assistant/associate professor’s position will be based on level 7 of the requirement scheme for teaching and research positions in the salary system of Finnish universities. In addition, the appointee will be paid a salary component based on personal performance. Annual salary for a tenure track professor varies between 50,000 – 68,500 euros, depending on the appointee’s qualifications and experience. For a professor, the salary will be based on level 8–10. Annual salary for professor varies between 64,000 – 96,000 euros. All standard pension benefits and occupational health care are provided for university employees. The University is committed to promoting equality and preventing discrimination in all its operations. For families with children, the city of Helsinki offers different possibilities for inexpensive daycare and a great number of good schools.Applications must be accompanied by the following English-language documents: • A Curriculum vitae• An academic portfolio (https://www.helsinki.fi/en/university/working-at-the-university/how-to-a...) based on the University’s instructions• A full list of publications• A plan (max. 2 pages) for the development of one’s research and teaching.
Applicants are kindly asked to prepare for the situation in which, after the closing of the application period, the Faculty might request them to submit 10 publications of their choice to be sent to the assessors. The publications shall be saved to the University of Helsinki Recruitment System as attachments.Please submit your application using the University of Helsinki Recruitment System via the Apply link. Applicants who are employees of the University of Helsinki are requested to leave their application via the SAP HR portal. The deadline for applications is 15 February 2017.Enquiries about the vacancy:Dean Kimmo Nuotio, kimmo.nuotio(at)helsinki.fi.
Enquiries regarding the recruitment process:HR Specialist Eeva Harju, eeva.harju(at)helsinki.fi
Technical support with the recruitment system:recruitment(at)helsinki.fi
WWW.HELSINKI.FI/UNIVERSITYApply at latest 15.02.2017AP­PLY LINKhttps://rekry.helsinki.fi/sap/bc/erecruiting/posting_apply?param=cG9zdF9pbnN0X2d...DUE DATEWednesday, February 15, 2017
  • ASSISTANT/ASSOCIATE PROFESSOR OR PROFESSOR in Law and Globalisation (deadline February 15, 2017):

The position is located at the Faculty of Law. The position may be filled as an assistant professor/associate professor (tenure track system) or a professor, depending on the candidates’ merits and career stage. A person who is appointed to a tenure track position is employed as an assistant professor for fixed-term employment, during which his or her performance will be monitored and evaluated according to the criteria defined when concluding the employment contract. Successful rating in the assessment will lead to new fixed-term employment as associate professor, the overall aim being a permanent position as professor. A person who is appointed to a tenure track position can also be employed directly to the second stage fixed-term position as an associate professor. If employed as a professor, the appointee’s employment agreement will be concluded for an indefinite periodGlobalisation requires increasingly cross-border legal regulation, practices and institutions. Climate change, human rights violations, inequality, poverty, refugees and cross-border economic and financial crisis are urgent global problems. Human rights, sustainable development and rule of law principle set new demands for global, regional, national and local regulation and governance. The tension between globalisation and new nationalism causes new kind of legal, political and economic problems in a politically conflictual world. In example, so called BRICS countries confront another kind of globalisation than developed countries and less developed countries. On the one hand, global non-governmental organizations (NGO) and, on the other hand, arbitration systems have become part of global regulation. Moreover, globalisation changes the operational environment of indigenous peoples. Among other things, these topics belong to the field of law and globalisation.For a person to be eligible for a tenure track position, he or she must have completed a doctoral degree in and are expected to have expertise in one of the following fields of research: have remarkable scientific and teaching merits and notable expertise in some of the following areas of research: global law, global justice, global governance, international law, international private law, international business law, international economic law, international relations, human rights and rule of law, development law, sustainable development. An appointee to a professorship shall possess also top-level scholarly qualifications and experience in the supervision of scientific research. In addition, the appointee shall present documentation of international cooperation in the field of research that he or she represents.The assistant/associate professor/professor will carry out scientific research in the field of the position, head and develop research in the field, provide teaching based on research and supervise master’s and doctoral thesis, acquire research funding, and participate both in international and national scientific cooperation and in societal interaction. The assistant/associate professor’s or professor’s duties will also include the provision of teaching in the field, the supervision of theses and dissertations, and the management and development of research in the field by relying on national and international networks in line with the University of Helsinki’s 2015 profile proposal to the Academy of Finland (http://www.aka.fi/globalassets/10rahoitus/hakuilmoitukset/hakuilmoitus_p...).An appointee to the position of assistant/associate professor in the tenure track system shall have the ability to conduct independent scholarly work and have the teaching skills necessary for the position. In addition, applicants for assistant/associate professorships shall demonstrate their ability and motivation for an academic career through publications and other means.An appointee to a professorship shall have top-level scholarly qualifications, experience in the supervision of scientific research, as well as the ability to provide top-level research-based teaching and to supervise theses and dissertations. In addition, the appointee shall present documentation of international cooperation in the field of research that he or she represents. Holders of professorships shall also have the skills necessary for serving as an academic leader.According to the Government Decree on Universities, assistant/associate professors and professor must be proficient in Finnish. They must also have at least satisfactory spoken and written skills in Swedish. Foreign citizens, non-native Finnish citizens or citizens who have not been educated in Finnish or Swedish may be exempted from this requirement without a separate application.The salary for the assistant/associate professor’s position will be based on level 7 of the requirement scheme for teaching and research positions in the salary system of Finnish universities. In addition, the appointee will be paid a salary component based on personal performance. Annual salary for a tenure track professor varies between 50,000 – 68,500 euros, depending on the appointee’s qualifications and experience. For a professor, the salary will be based on level 8–10. Annual salary for professor varies between 64,000 – 96,000 euros. All standard pension benefits and occupational health care are provided for university employees. The University is committed to promoting equality and preventing discrimination in all its operations. For families with children, the city of Helsinki offers different possibilities for inexpensive daycare and a great number of good schools.Applications must be accompanied by the following English-language documents: • A Curriculum vitae• An academic portfolio (https://www.helsinki.fi/en/university/working-at-the-university/how-to-a...) based on the University’s instructions• A full list of publications• A plan (max. 2 pages) for the development of one’s research and teaching.
Applicants are kindly asked to prepare for the situation in which, after the closing of the application period, the Faculty might request them to submit 10 publications of their choice to be sent to the assessors. The publications shall be saved to the University of Helsinki Recruitment System as attachments.Please submit your application using the University of Helsinki Recruitment System via the Apply link. Applicants who are employees of the University of Helsinki are requested to leave their application via the SAP HR portal. The deadline for applications is 15 February 2017.Enquiries about the vacancy:Dean Kimmo Nuotio, kimmo.nuotio(at)helsinki.fi.
Enquiries regarding the recruitment process:HR Specialist Eeva Harju, eeva.harju(at)helsinki.fi
Technical support with the recruitment system:recruitment(at)helsinki.fi
WWW.HELSINKI.FI/UNIVERSITYApply at latest 15.02.2017AP­PLY LINKhttps://rekry.helsinki.fi/sap/bc/erecruiting/posting_apply?param=cG9zdF9pbnN0X2d...DUE DATEWednesday, February 15, 2017
  • ASSISTANT/ASSOCIATE PROFESSOR in Russian law and administration (deadline February 15, 2017):

The position is located at Aleksanteri Institute (http://www.helsinki.fi/aleksanteri/english/index.html), but the appointee will also carry out teaching and research at the Faculty of Law.The position may be filled as an assistant professor or associate professor, depending on the candidates’ merits and career stage. A person who is appointed to a tenure track position is employed as an assistant professor for fixed-term employment, during which his or her performance will be monitored and evaluated according to the criteria defined when concluding the employment contract. Successful rating in the assessment will lead to new fixed-term employment as associate professor, the overall aim being a permanent position as professor.Despite the European roots of Russian law, the Russian legal tradition and the Russian system of administration differ in several respects from those elsewhere in Europe due to Russia’s long history as a superpower and the special status of the Orthodox religion and the Orthodox Church in Russia. In addition, the 20th century was marked by the Soviet period, during which the system of law and administration took shape based on socialist models.For a person to be eligible for a tenure track position, he or she must have completed a doctoral degree in and are expected to remarkable scientific and teaching merits and notable expertise in some of the following areas of research: private law, criminal and procedural law or public law. The assistant/associate professor may also represent, for example, research on legal history or comparative law. The assistant/associate professor of Russian law and administration will be involved in both the multidisciplinary module of Russian studies and the module of global law studies. The assistant/associate professor’s research field will include issues of Russian law and administration from a broad point of view. Besides a legal research approach, the appointee may also use a research approach based on administrative science. The successful candidate is expected to have as well a good command of Russian.
The assistant/associate professor will carry out scientific research in the field of the position, head and develop research in the field, provide teaching based on research and supervise master’s and doctoral thesis, acquire research funding, and participate both in international and national scientific cooperation and in societal interaction. The assistant/associate professor’s duties will also include the provision of teaching in the field, the supervision of theses and dissertations, and the management and development of research in the field by relying on national and international networks in line with the University of Helsinki’s 2015 profile proposal to the Academy of Finland (http://www.aka.fi/globalassets/10rahoitus/hakuilmoitukset/hakuilmoitus_p...).According to the Government Decree on Universities, assistant/associate professors must be proficient in Finnish. They must also have at least satisfactory spoken and written skills in Swedish. Foreign citizens, non-native Finnish citizens or citizens who have not been educated in Finnish or Swedish may be exempted from this requirement without a separate application.The salary for the position will be based on level 7 of the requirement scheme for teaching and research positions in the salary system of Finnish universities. In addition, the appointee will be paid a salary component based on personal performance. Annual salary for a tenure track professor varies between 50,000 – 68,500 euros, depending on the appointee’s qualifications and experience. All standard pension benefits and occupational health care are provided for university employees. The University is committed to promoting equality and preventing discrimination in all its operations. For families with children, the city of Helsinki offers different possibilities for inexpensive daycare and a great number of good schools.
Applications must be accompanied by the following English-language documents: • A Curriculum vitae• An academic portfolio (https://www.helsinki.fi/en/university/working-at-the-university/how-to-a...) based on the University’s instructions• A full list of publications• A plan (max. 2 pages) for the development of one’s research and teaching.
Applicants are kindly asked to prepare for the situation in which, after the closing of the application period, the Faculty might request them to submit 10 publications of their choice to be sent to the assessors. The publications shall be saved to the University of Helsinki Recruitment System as attachments.Please submit your application using the University of Helsinki Recruitment System via the Apply link. Applicants who are employees of the University of Helsinki are requested to leave their application via the SAP HR portal. The deadline for applications is 15 February 2017.Enquiries about the vacancy:Director of Research, Professor Markku Kangaspuro, markku.kangaspuro(at)helsinki.fi
General enquiries:HR Specialist Tuula Henriksson, tuula.henriksson(at)helsinki.fi
Technical support with the recruitment system:recruitment(at)helsinki.fi
WWW.HELSINKI.FI/UNIVERSITYApply at latest 15.02.2017AP­PLY LINKhttps://rekry.helsinki.fi/sap/bc/erecruiting/posting_apply?param=cG9zdF9pbnN0X2d...DUE DATEWednesday, February 15, 2017

Categories: Comparative Law News

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