Comparative Law News

New Comparative Law Titles from Hart Publishing

Juris Diversitas - Wed, 10/12/2016 - 12:05
Temporary Labour Migration in the Global EraThe Regulatory ChallengesEdited by Joanna Howe and Rosemary Owens
In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law’s worker-protective mission has been observed before,  the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.
Joanna Howe is Senior Lecturer and Rosemary Owens is Emerita Professor, both at the University of Adelaide.
Click here for more details about the Oñati International Series in Law and Society
October 2016     9781509906284     440pp     Hardback     RSP: $114
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $102.60 (+ postage)
Please click here for more information about this title and to order online
NEW AS PAPERBACKNationalism and Private Law in EuropeGuido Comparato
While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states.  Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks.  In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states.  Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation.The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.
Guido Comparato is a postdoctoral researcher in the Law Department of the European University Institute.
Click here for more details about the Modern Studies in European Law Series
August 2016     9781509907410     332pp     Paperback     RSP: $52.95
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $47.65 (+ postage)
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NEW AS PAPERBACKGlobal Order Beyond LawHow Information and Communication Technologies Facilitate Relational Contracting in International TradeThomas Dietz
Reviews‘A study like the one presented in this book is highly interesting for research on the use of international trade law and the actual needs of traders … Dietz presents a highly interesting spectrum of information about the actual problems and their solutions that business people encounter in this globalised world.’Maren Heidemann, European Business Law Review
‘Thomas Dietz’s book will be enjoyable to any reader interested in contract law theory, in the specificities of complex software development agreements, in international commerce and trade, in sociological approaches to law, or in institutional economics, among other fields. Readers will find in Dietz’s work a fascinating study of contract law in action that forces all of us to be less attached to formal contracting rules and to consider other alternative mechanisms that work in the shadow of contract law or in its absence.’Antoni Rubí-Puig, European Review of Contract Law
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Thomas Dietz is Associate Professor for Politics and Law at the University of Muenster.
Click here for more details about the International Studies in the Theory of Private Law Series
August 2016     9781509907434     270pp     Paperback     RSP: $43.95
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $39.55 (+ postage)
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NEW AS PAPERBACKPerpetrators and Accessories in International Criminal LawIndividual Modes of Responsibility for Collective CrimesNeha Jain
Reviews‘Jain's book is invaluable… her work serves as an excellent companion for an introduction to the subject, both for the newly initiated as well as for the expert in international criminal law… Jain presents an abundance of information while venturing a critical approach that leads her to present her own theory. [The book] is infused with interesting and cautiously articulated ideas that invite us to think critically about its core concepts - perpetration, principal-accessory distinction, the basis for high-level perpetrator liability, and the peculiarities of international crimes that have to be accommodated in a truly international criminal law.’Dafni Lima, The Cambridge Law Journal.
‘Jain's book is essential reading not just for scholars and students of international criminal justice, but for anyone who cares about how domestic criminal law - in any system - treats principals and accessories.’Jens David Ohlin, Criminal Law and Criminal Justice Online.
International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Neha Jain is an Associate Professor at the University of Minnesota Law School. She has held research positions at Georgetown University Law Center, and at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany. Professor Jain completed her BCL and DPhil in law from Oxford University, where she was a Rhodes Scholar and Jowett Senior Scholar at Balliol College. She served as a law clerk to former Chief Justice VN Khare of the Supreme Court of India and has interned with the Office of the Prosecutor at the Extraordinary Chambers in the Courts of Cambodia and with the Legal and Treaties Division of India’s Ministry of External Affairs.
August 2016     9781509907397     250pp     Paperback     RSP: $52.95
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $47.65 (+ postage)

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Categories: Comparative Law News

La dénationalisation de l'enseignement juridique

Juris Diversitas - Tue, 10/11/2016 - 13:05

Dans un contexte mondialisé, l'enseignement du droit change aussi. Sous quelles formes change-t-il ? Doit-on parler d'internationalisation ou de dénationalisation, voire de transnationalisation de l'enseignement du droit ? Ces différents termes laissent percevoir plusieurs options possibles. Les expériences pédagogiques sont variables selon les contextes universitaires nationaux. Par exemple, l'enseignement du droit reste fortement national en France ou en Allemagne, même si l'européanisation a permis de décloisonner les systèmes juridiques et donc, aussi, les systèmes universitaires. La discipline juridique reste liée à des caractéristiques nationales : 
le droit concerne l'État dans sa structure et ses fonctions. 
Dans d'autres pays, les expériences de décloisonnement sont plus anciennes, comme au Canada, et, parfois, cherchent de nouveaux chemins, tels qu'au Japon. 
Cet ouvrage a pour objectif de prendre comme objet d'étude l'enseignement juridique dans le contexte global et de faire comprendre que le droit ne se réduit pas aux seules règles de droit national. Au-delà des règles de droit positif, il faut faire toute sa place à la pensée juridique et donc au rôle des universitaires dans la construction de la discipline juridique. Ce qui suppose de s'intéresser aux méthodes de raisonnement, aux méthodes d'interprétation, à l'analyse des discours doctrinaux et aux méthodes d'enseignement. Ne pouvant embrasser toutes ces questions, cet ouvrage cherche avant tout à comprendre ce qu'il faut ouvrir et comment l'ouvrir au sein de la formation juridique. Cette publication constitue le premier acte du programme de formation-recherche « Inventivité juridique et monde global. Les frontières du droit (constitutionnel) », CIERA, 2015-2017.
Categories: Comparative Law News

Christian Legal Society National Conference

Juris Diversitas - Tue, 10/11/2016 - 12:59

The scholar’s symposium of this year's national CLS conference (Washington, DC, October 21-22) is built around the book Law and the Bible: Justice, Mercy, and Legal Institutions (InterVarsity Press), which I edited with David Van Drunen.  I and several other authors (Randy Beck, Tremper Longman, Bill Brewbaker, and David Smolin) will speak on three separate panels about our chapters (Genesis, OT Law, OT history, Jesus, and NT letters).  The details are below this message.  Here is the link to the scholars' portion of the conference: 

http://clsnet.org/2016/scholars
Categories: Comparative Law News

Call for Papers, Journal of Law and Criminal Justice

Juris Diversitas - Mon, 10/10/2016 - 12:34
Call for PapersJournal of Law and Criminal Justice ISSN: 2374-2674 (Print) 2374-2682 (Online)Journal of Law and Criminal Justice is a refereed international journal that seeks to publish high quality research papers in the areas of socio-legal studies and the psychology of law, criminology and social justice studies. The Journal invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique. The journal is dedicated to presenting system-wide trends and problems on law, crime and justice throughout the world. It provides a forum for social scientists to report research findings for policy making with respect to crime and justice through innovative and advanced methodologies.The journal is published by the American Research Institute for Policy Development that serves as a focal point for academicians, professionals, graduate and undergraduate students, fellows, and associates pursuing research throughout the world.The interested contributors are highly encouraged to submit their manuscripts/papers to the executive editor via e-mail at editor@aripd.org. Please indicate the name of the journal (Journal of Law and Criminal Justice) in the cover letter or simply put ‘Journal of Law and Criminal Justice ’ in the subject box during submission via e-mail.  The journal is Abstracted/Indexed in CrossRef, CrossCheck, Cabell's, Ulrich's, Griffith Research Online, Google Scholar, Education.edu, Informatics, Universe Digital Library, Standard Periodical Directory, Gale, Open J-Gate, EBSCO, Journal Seek, DRJI, ProQuest, BASE, InfoBase Index, OCLC, IBSS, Academic Journal Databases, Scientific Index.E-Publication FirstTME-Publication FirstTM is a feature offered through our journal platform. It allows PDF version of manuscripts that have been peer reviewed and accepted, to be hosted online prior to their inclusion in a final printed journal. Readers can freely access or cite the article. The accepted papers are published online within one week after the completion of all necessary publishing steps.DOI® numberEach paper published in Journal of Law and Criminal Justice is assigned a DOI® number, which appears beneath the author's affiliation in the published paper. JLCJ is inviting papers for Vol. 4, No. 2. The online publication date is December 31, 2016. Submission Deadline: October 31, 2016. For any additional information, please contact with the executive editor at editor@aripd.org Regards,Professor Dr. Billy Long, Ferrum College, USA.Editor-in-ChiefJournal of Law and Criminal Justice
Website: www.jlcjnet.com
Categories: Comparative Law News

FELLOWSHIP ON LEGAL PRAGMATISM AND REALISM

Juris Diversitas - Mon, 10/10/2016 - 11:34

Call for ApplicationsPerelman Centre for Legal PhilosophyFELLOWSHIP ON LEGAL PRAGMATISM AND REALISM
The Perelman Centre for Legal Philosophy of the Université Libre de Bruxelles is calling
for applications for an 8 months full time Fellowship on Legal Pragmatism & Realism
in the framework of the Twining Llewellyn Fund.
1. FELLOWSHIP OF THE NATIONAL FUND FOR SCIENTIFIC RESEARCH
The fellowship will unfold as part of a research program sponsored by the Belgian
National Fund for Scientific Research. It has two key objectives. First, it aims at starting a
PhD research on legal pragmatism and realism focusing on the material of the Twining
Llewellyn Fund. Second, it seeks to facilitate the reception of the Twining-Llewellyn
collection at the Perelman Centre and to make it fit for public consultation. This involves
working hand in hand with different services at the ULB (library, archives, etc.) for
cataloguing, referencing and setting up online and onsite consultation services.
The fellowship position is initially available for 8 months (November 1, 2016 – June 30,
2017- see more below), during which the fellow will be enrolled as a doctoral student at
the Université Libre de Bruxelles. After such a period, the Perelman Centre may offer the
fellow the possibility to continue writing the doctoral dissertation. This offer is subject
to availability of funds and positive evaluation of the fellowship period.
2. TWINING- LLEWELLYN FUND
Karl Nickerson Llewellyn (1893-1962) was a preeminent American legal scholar based
at the University of Chicago who is particularly known for advancing the Realist
Movement of legal thought, and for his involvement in the development of the Uniform
Commercial Code. William Twining (1934-) is a British legal theorist and founder of the
Law in Context Movement. His contributions span across jurisprudence, evidence and
proof, legal method, and legal education. He is a leading scholar on the subject of legal
theory and globalization. William Twining made a significant donation of his personal
library to the Perelman Centre which includes (1) a shadow version of the Llewellyn
collection at Chicago, (2) The Soia Mentschikoff shadow collection; (3) a personal
collection of books owed by William Twining on American jurisprudence, realism,
globalisation and Jeremy Bentham, and (4) William Twining’s material, which
encompasses some of his academic correspondence, annotated material, and his
published and unpublished works.
3. REQUISITES
Applicants must hold a Master’s degree (120 ECTS) or equivalent, preferably in law. The
selection committee will evaluate on a case-by-case basis the eligibility of applicants
holding a Master’s degree in other disciplines than law. Applicants who already hold a
PhD are not eligible. Special consideration will be given to applicants with an
international academic profile and excellent academic results.
We are looking for enthusiastic candidates with aptitude for academic research,
collective research and teamwork. Candidates must be fully fluent in written and oral
English, and have good management and IT skills. Professional experience is not
required but can constitute a valuable asset in the application.
Contract start date 1/11/2016
A later starting date is possible. However, the end date of the contract will not change (30
June 2016). Please indicate in your application when will you be available to take up the
position.
Contract duration and salary
Eight-month scholarship. The grant amounts to around €1800 net.
Application
Applications must be sent to the Director of the Perelman Centre, Prof. Isabelle Rorive
(philodroit@ulb.ac.be). Please write as email subject “Fellowship vacancy – Candidate
your surname”.
Deadline for receiving applications is 20 October 2016. Shortlisted candidates will be
contacted for an interview.
The application must include the following documents:
• Applicant CV
• Motivation letter
• The candidate’s master thesis or, eventually, a paper written in the
framework of his/her studies.
The Perelman Centre for Legal Philosophy: For more information regarding the
framework of his/her studies.
Perelman Centre and its activities please visit the website www.phildroit.be
Categories: Comparative Law News

BOOK: Mieke VAN DER LINDEN, The Acquisition of Africa (1870-1914). The Nature of International Law [Studies in the History of International Law, 8, ed. Randall LESAFFER; Legal History Library, 20]. Leiden/Boston: Martinus Nijhoff/Brill, 2016, ISBN...

(image source: Brill)
Mieke Van der Linden (Max Planck Institute for Comparative Public Law and International Law, Heidelberg) published an updated version of her doctoral dissertation (defended at Tilburg University, under the direction of R. Lesaffer, 2014) under the title The Acquisition of Africa (1870-1914). The Nature of International Law.
Book description:
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities. On the author:
Mieke van der Linden, Ph.D (2014), is senior researcher at the Max Planck Institute for Comparative Public Law and International Law. She has published a dissertation, book chapters and articles on the legacy of Africa’s colonization in international law, including ‘The Inextricable Connection between Historical Consciousness and International Law: New Imperialism, the International Court of Justice and its Interpretation of the Inter-temporal Rule’ (in: C. Binder et al., 2014 ESIL Conference Proceedings, vol. 5. Oxford: forthcoming) and ‘The Euro-Centric Nature of International Law, A Legacy from New Imperialism’ (in: D. De ruysscher et al (eds.), Legal History, Moving in New Directions. Antwerp: 2015, pp. 413-427).Table of contents:
Preface
 1. New Imperialism: Imperium, Dominium and Responsibility under International Law
 2. Dominium
 3. Imperium
 4. Territorium et Titulus
 5. British Nigeria
 6. French Equatorial Africa
 7. German Cameroon
 8. Ex facto ius oritur?
 9. A Reflection on the Nature of International Law: Redressing the Illegality of Africa’s Colonization
 10. Evaluative summary and conclusion
 Chronological list of treaties and other agreements
 Bibliography More information on Brill's website.
Categories: Comparative Law News

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