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COLLOQUIUM: "Histoire de l'économie sans travail" (Florence, June 8-10 2017)

Sun, 05/21/2017 - 17:41

WHAT Histoire de l'économie sans travail, Colloquium
WHEN  June 8-10 2017
WHERE Florence, Villa Finaly




Categories: Comparative Law News

NOTICE: "Oxford University Press launches the Max Planck Encyclopedia of Comparative Constitutional Law"

Sun, 05/21/2017 - 17:34

Oxford University Press launches theMax Planck Encyclopedia of Comparative Constitutional Law
Your launchpad for global constitutional researchwww.mpeccol.com





·         Developed for use by constitutional lawyers, academics, and students·    Provides comprehensive analysis of constitutional law topics in a comparative context·         Linked to the constitutional texts so users can verify accuracy of commentary·         Built with accessibility in mind, with browsing by subject matter and simple search functionality
Oxford University Press is delighted to announce the launch of the Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL), a new addition to the Oxford Constitutional Law family.
The Max Planck Encyclopedia of Comparative Constitutional Law offers a global overview of constitutional law in a comparative context via painstakingly researched articles, and was developed with constitutional lawyers, academics, and students in mind. The online resource provides seamless navigation between encyclopedia articles, linking to English versions of the constitutional documents mentioned in articles and hosted on our Oxford Constitutions of the World and US Constitutional Lawproducts, as well as through references from the Oxford Law Citator.
Developed in partnership with the team of editors at the Max Planck Foundation for International Peace and the Rule of Law, the Max Planck Encyclopedia of Comparative Constitutional Law has launched with 70 articles from more than 60 different authors, providing analytical coverage of constitutional law topics in a comparative context. This will grow to include over 500 articles once fully established, linked by an intuitive subject and keyword search functionality.
The articles define and cover the underpinnings of state formation and constitutional law, as well as analysing and explaining from a global comparative perspective a number of foundational legal concepts, such as:
·         Human rights·         Constitutional formation·         Scope of state protections·         The defining structures of governmental makeup·         Types of legal structures and interactions within a constitutional law system; and·         Legal constitutional concepts that make up constitutional law
The Max Planck Encyclopedia of Comparative Constitutional Law is available on annual subscription to libraries, organizations, and institutions worldwide. Pricing is based on the size and type of institution and the number of users.
If your readers/members are on the cutting edge of this field and would be interested in reading about Oxford’s new online resource, please consider announcing or reviewing it in your blog, newsletter, or journal. 
For further information, or to request free access for the purposes of writing and publishing a review please contact:Kate Roche | Oxford University Press | kate.roche@oup.com
Categories: Comparative Law News

BOOK: "Landmark Cases in Criminal Law" P. Handler, H. Mares and I. Williams eds (May, 2017)

Sun, 05/21/2017 - 17:27

Landmark Cases in Criminal Law, edited by Philip Handler, Henry Mares and Ian Williams all information here
Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present.
The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.Table Of Contents1. Landmark Cases and Wider Themes in Criminal Law
Philip Handler, Henry Mares and Ian Williams
2. The Carrier's Case (1473)
Ian Williams
3. R v Saunders and Archer (1573)
John Baker
4. R v Jones (1703)
Simon Stern
5. R v Bembridge (1783)
Jeremy Horder
6. R v Shipley (1784): The Dean of St Asaph's Case 
Kevin Crosby
7. M'Naghten's Case (1843)
Arlie Loughnan
8. R v Flattery (1877)
Rebecca Williams
9. DPP v Beard (1920)
Philip Handler
10. R v Jordan (1956)
David Ibbetson
11. Shaw v DPP (1961)
Henry Mares
12. DPP v Morgan (1975)
Lindsay Farmer
13. Whitehouse v Lemon, Whitehouse v Gay News Ltd (1979)
J R Spencer
14. R v Hancock and Shankland (1986)
Matthew Dyson
15. R v Howe (1987)
Findlay Stark
16. R v Brown (1993)
Jonathan Herring- See more at: http://www.bloomsburyprofessional.com/uk/landmark-cases-in-criminal-law-9781849466899/#sthash.Y0RlBH3I.dpuf
Categories: Comparative Law News

BOOK: Dante FEDELE, Naissance de la diplomatie moderne (XIIIe-XVIIe siècles). L'ambassadeur au croisement du droit, de l'éthique et de la politique [Studien sur Geschichte des Völkerrechts; 36). Baden-Baden: Nomos Verlag, 2017, 830 p. ISBN...

Tue, 05/16/2017 - 12:22
(image source: Nomos)
Dante Fedele (KULeuven) published his PhD dissertation (ENS Lyon) in the collection Studien zur Geschichte des Völkerrechts (Nomos).

Abstract:
The author investigates the birth of modern diplomacy. Drawing on a wide-ranging body of textual materials dealing with the ambassador from the 13th to the 17th century, he analyses how that figure was developed within a complex constantly renewed field of interaction between law, ethics and politics, where theory and practise are intertwined in an unresolved dialectical interaction. The first part examines how the legal status of the ambassador was shaped during the late Middle Ages and how this process influenced early-modern scholarship on diplomacy. The second part investigates how the emergence of the modern State both reinvigorated and reshaped the scholarly approaches to the different themes linked to the figure of the ambassador. The third part proposes an account of how the professional status of the ambassador developed within the examined body of literature. Through the prism of these approaches, diplomacy appears as a foundational matrix of modern political rationality.
More information on the publisher's website.
Categories: Comparative Law News

SYMPOSIUM: Evaluating the Turn to History of International Law (ESIL Conference, Naples, 6 Sep 2017)

Fri, 05/12/2017 - 05:38
ESIL 2017 Annual Conference
Symposium of the Interest Group on the History of International Law
“Evaluating the Turn to History of International Law” 
Naples, Wednesday, 6 September 201713:00-17:00, Venue TBA


13:00: Welcome and Opening RemarksThomas Skouteris (The American University in Cairo)
13:00-14:30: Session 1Martin Clark (London School of Economics): “Ambivalences, anxieties / Adaptations, advances”Valentina Vadi (Lancaster University): “International Law and its Microhistories”Amrita Mukherjee (University of Leeds): “Subaltern Studies & International Law”Discussant: Gerry Simpson (London School of Economics)Moderator: Thomas Skouteris (The American University in Cairo)
15:00-16:30: Session 2Miriam Bak Mackenna (Lund University) & Matilda Arvidsson (Lund University): “The ‘turn to history’ and the sources doctrine in international law: disruption, democratization, and distress”Jan Martin Lemnitzer (University of Southern Denmark): “Writing a new history of international criminal law – where do we start?Immi Tallgren (University of Helsinki): “A turn to women? Histories of ‘international criminal lawyers”Discussant: Ignacio de la Rasilla del Moral (Brunel University)Moderator: Inge van Hulle (Tilburg University)
16:30: Closing remarks and discussion on future activities of the IGHIL
Symposium Conveners/ IGHIL Coordinating Committee MembersFrederik Dhondt, Inge van Hulle, Ignacio de la Rasilladel Moral, and Thomas Skouteris
Categories: Comparative Law News

BOOK: "L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX). L'impatto sulla cultura giuridica in prospettiva globale" by Elisabetta Fiocchi Malaspina (May, 2017)

Sun, 05/07/2017 - 16:06

Elisabetta Fiocchi Malaspina, L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX), May 2017
Global Perspectives on Legal History 8
With “L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)” by Elisabetta Fiocchi Malaspina, the Max Planck Institute for European Legal History presents the newest publication in its book series "Global Perspectives on Legal History".
Global Perspectives on Legal History is a book series edited and published by the Max Planck Institute for European Legal History, Frankfurt am Main, Germany.As its title suggests, the series is designed to advance the scholarly research of legal historians worldwide who seek to transcend the established boundaries of national legal scholarship that typically sets the focus on a single, dominant modus of normativity and law. The series aims to privilege studies dedicated to reconstructing the historical evolution of normativity from a global perspective.It includes monographs, editions of sources, and collaborative works. All titles in the series are available both as premium print-on-demand and in the open-access format.More information on the series and forthcoming volumes: http://global.rg.mpg.de
Prof. Dr. iur. Elisabetta Fiocchi Malaspina is Assistant Professor at the University of Zurich
L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)L'impatto sulla cultura giuridica in prospettiva globaleGlobal Perspectives on Legal History 8Frankfurt am Main: Max Planck Institute for European Legal History 2017. 364 p., € 17,69 DISBN: 978-3-944773-07-0Open Access Online Edition: http://dx.doi.org/10.12946/gplh8Print-on-demand: http://www.epubli.de/shop/buch/63133

The numerous editions and early translations produced throughout the eighteenth century enabled the broad dissemination of Emer de Vattel’s juridical-political work Droit des gens. This book investigates the global impact of the Droit des gens with regard to the different political realities, the historical and legal contexts as well as the attempts, mechanisms and strategies used to put these ideas into practice and establish new doctrine between the eighteenth and nineteenth centuries.
The Droit des genshad an extremely diverse impact, owing to its varied reception in different political situations, historical and legal contexts, and attempts at practical and theoretical implementation. The fact that Vattel’s book was a point of reference for a considerable number of jurists and politicians further demonstrates its authority in the eighteenth and nineteenth centuries.The question naturally arises whether the continuous references to the work may be regarded as «typical citations of style», simply confined to referencing Vattel’s thought, or whether they are a clear sign of a deeper significance; one springing directly from the characteristics of the Droit des gens, with its capacity to organise and regulate the State in its domestic and international relations.The dissemination of the Droit des gens is reconstructed via a broad overview of the dynamics that actually underpinned the use of the treatise, ranging from its influence on political power in domestic and foreign affairs to its use as a guidebook for diplomats and consuls, and even its use as a teaching manual.Co-existing in Vattel’s work are several topics—the legislative, the political and the social—which are developed independently of one another, yet are part of one unified framework. The book aims to bring together a study of the first publication in 1758 of Vattel’s Droit des gens, its constant interaction with subsequent editions, translations and annotated versions carried out by jurists in the 19thcentury its critical reception (both positive and negative) in relation to the more complex legislative contexts.The publishing history of the Droit des gens will be accompanied by the methodological aspect—closely bound to the need to write a global legal history—in which translation, in the broader sense of the term, plays a key role. Concepts of fashion and modernity are examined within the context of the practical and theoretical legal entanglements of the eighteenth and nineteenth centuries, thanks to the voices of distinguished jurists and politicians who made use of the Droit des gens and who translated and annotated it, thereby encouraging the assimilation—not always unadulterated—of Vattel’s thinking.

Categories: Comparative Law News

CONFERENCE & CFP: "Justice and judicial process. Evolution and development in the History of the law" (Murcia, November 29-30-December 1, 2017)

Sun, 05/07/2017 - 15:51

WHAT Justice and judicial process. Evolution and development in the History of the law, Conference & Call for papers
WHEN November 29-30-December 1, 2017
WHERE Murcia, Spain
Deadline for proposal is  September 15th, 2017, by e-mail to catedrainocencio@gmail.comEach participant will have 20 minutes to give his communication. Presentations can be given in Spanish, English, French, Italian, German or Portuguese.The following publication of the works presented to the Congress will be subject to a blind refereeing process and to the editorial norms of the Vergentis (vergentis.ucam.edu).
Categories: Comparative Law News

BOOK: "The History of Law in Europe" by Bart Wauters and Marco de Benito (April, 2017)

Sun, 05/07/2017 - 15:40

Bart Wauters, Marco de Benito, The History of Law in Europe
all information here

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Categories: Comparative Law News

EUROPEAN CHAIR OF THE COLLEGE DE FRANCE: Prof. dr. dr. Alain WIJFFELS (2016-2017)

Fri, 05/05/2017 - 07:51
(image source: Collège de France)
Prof. dr. dr. Alain A. Wijffels (KUL/UCL/Leiden/Lille II-CNRS) obtained the prestigious European Chair of the Collège de France for the academic year 2016-2017.

His inaugural lecture "Le droit européen a-t-il une histoire ? En a-t-il besoin ?" can be watched here.

A special section of the Collège de France's website is dedicated to the series of free public courses prof. Wijffels delivers. The first course (27 April; Métamorphoses du pouvoir : des droits savants médiévaux aux droits communs des Temps Modernes, la privatisation d'un système de gouvernance publique) can already be watched and listened to.

On 12 May, Prof. Wijffels organizes a colloquium on the comparative history of law, featuring several distinguished legal historians.

The final lecture (Pour une culture juridique européenne) will be held on 29 June.

Prof. Wijffels' appointment was echoed in mainstream media as well. A 30 minute-broadcast on France Inter ("La Marche de l'histoire") can be found here.
Categories: Comparative Law News

CFA: Interpretatio Prudentium. Roman law and Roman legal tradition in review (deadline June 15, 2017)

Fri, 04/14/2017 - 00:45

WHAT Interpretatio Prudentium. Roman law and Roman legal tradition in review, Call for articles
WHEN deadline for submissions June 15, 2017
Interpretatio Prudentium is a biannual scientific journal with double-blind peer review published by Legal Theory and History – Research Center of the University of Lisbon (THD-ULisboa) promoting scholarly excellence research and a profound knowledge of Roman Jurisprudence and the Roman Legal Tradition while aiming at a critical understanding of contemporary legal phenomena.The Executive Committee of Interpretatio Prudentium invites the academic community to submit papers (monographs or reviews of recent publications) to be included in the third issue.The Journal publishes in any neolatine language, english or german. Articles, under 70.000 characters (spaces included), should be submitted for publication along with a summary (c.550 characters) and keywords (3-5), written in the original language of the article and in an additional language. Reviews should be up to 15.000 characters.The submitted articles should be sent in Word format to the e-mail interpretatio@fd.ulisboa.ptwith carbon copy to the editorial secretary (claudiaeliasduarte@fd.ulisboa.pt). The deadline for the submission of papers is June 15, 2017.The submitted articles are reviewed by members of the Scientific Committee of Interpretatio Prudentium, the identities of both reviewer and author remaining anonymous throughout the review process.
Interpretatio Prudentium I, 2016, 2 - ContentsInterpretatio Prudentium I, 2016, 1 - Contents
Categories: Comparative Law News

DOCTORAL POSITION: ERC-funded Dual Doctoral Award with the Department of History at the University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium)

Fri, 04/14/2017 - 00:36

WHAT ERC-funded Dual Doctoral Award with the Department of History at the University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium) within the project Average - Transaction Costs and Risk Management during the First Globalization (Sixteenth-Eighteenth Centuries) Ref: 2609
WHEN n.a., duration 42 months.
WHERE University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium)
application deadline May 1, 2017
Applications are invited for one ERC-funded Dual Doctoral Award with the Department of History at the University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium). This doctoral position will focus on researching the development and practice of Maritime Averages in Bruges and Antwerp between the Fifteenth and Sixteenth Centuries under the supervision of Professor Maria Fusaro (Exeter), Principal Investigator of the project, and Professor Dave De ruysscher (Brussels).
This doctoral position will last for 42 months – to allow for the appropriate technical and quantitative training to analyse this complex documentation – and all its activities will be fully embedded into the wider project’s activities.
The overall aim of the project (ERC grant agreement number 724544) is to investigate the legal and economic development of General Averages comparatively across Europe (in total 4 doctoral positions are being advertised for different countries). A topic neglected by scholars, even though rich and substantial (serial) documentary evidence about it has survived for the early modern period. The project will be articulated along two principal axes: one principally concerned with economic analysis, which will analyse (and make available) data extracted from archives in Italy (Venice, Livorno, Genoa), the Low Countries and Spain; the other concentrating on the legal and political elements behind GA historical development. You can hear more details about the project from this link: http://www.exeter.ac.uk/research/events/ercweek/professormariafusaro/


Developments in the Low Countries between the Fifteenth and Sixteenth centuries are an essential element of the project, as the presence of foreign merchants and shipowners (especially Italian and Spanish) in Bruges and Antwerp stimulated important transfer of legal institutes and cross-fertilisation between different legal systems. The successful candidate will focus his/her work on the investigation of legal texts, and of judicial practices in the Great Council of Mechlin and the Municipal Courts of Bruges and Antwerp.The project offers exciting opportunities for excellent students eager to continue his/her study whilst being actively embedded into an exciting interdisciplinary and transnational research project. The successful applicant will be dividing his/her time between the UK and Belgium, taking advantage of the excellent training facilities available at the Universities of Exeter and the Vrije Universiteit Brussels.  S/he will also be expected to present aspects of his/her research in workshops, seminars and conferences organised within the project over its lifetime.SummaryApplication deadline:1st May 2017Number of awards:1Value:£14,553 plus full tuition fees for eligible studentsDuration of award:per yearContact: Dr Matt Barber, Graduate School Administratorhumanities-pgadmissions@exeter.ac.ukHow to applyEntry criteriaWe invite applications from candidates with a strong academic background in early modern history, preferably economic and social history of Europe. Successful applicants should normally have a good first degree (at least 2.1, or international equivalent) in a relevant field of humanities and/or social sciences, and have obtained, or currently working towards a Masters degree at Merit level, or international equivalent, in early modern history.  Knowledge of Dutch and English is a requirement for this position. Experience with reading Latin and Spanish or Italian is an advantage.  If English is not a candidate’s native language, s/he will also need to satisfy the English language entry requirements of the University of Exeter.To apply
Applicants should complete an online web form and upload a full CV, a sample of recent work (maximum 10,000 words) (please upload this in the research proposal section of the application form), a cover letter outlining your academic interests, prior research experience and reasons for wishing to undertake the project, transcripts, and details of two referees by 1 May 2017.  If relevant, proof of English/Dutch language proficiency will be required prior to signing the studentship agreement.
Applicants should ensure two referees email their references in the form of a letter to the Postgraduate Administrator at humanities-pgadmissions@exeter.ac.uk by 1 May 2017. The responsibility for ensuring that references are received by the deadline rests with the candidates. Referees must email their references to us from their institutional email accounts (references sent from personal/private email accounts will not be accepted unless in the form of a scanned document on institutional headed paper and signed by the referee).
All application documents must be submitted in English. Certified translated copies of academic qualifications must also be provided.
It is anticipated that shortlisted candidates will be notified within a week of the deadline and that interviews will take place at the University of Exeter in late May.
More information:
If you have any queries or would like to discuss this opportunity before applying, please contact Professor Maria Fusaro (m.fusaro@exeter.ac.uk).
If you have any queries regarding the application process please contact:
Postgraduate Administrator at: humanities-pgadmissions@exeter.ac.ukCollege of Humanities Graduate School, University of ExeterQueen's Building, The Queen's DriveExeter, Devon, EX4 4QH
Visit http://humanities.exeter.ac.uk/ for more information.
Categories: Comparative Law News

BOOK: Stefan KADELBACH, Thomas KLEINLEIN and David ROTH-ISIGKEIT (eds.), System, Order, and International Law. The Early History of International Legal Thought from Machiavelli to Hegel. Oxford: OUP, ISBN 9780198768586. £ 80

Wed, 04/12/2017 - 06:24
(image source: OUP)
Oxford University Press announced the forthcoming publication of System, Order, and International Law. The Early History of International Legal Thought from Machiavelli to Hegel, edited by Stefan Kadelbach (Frankfurt), Thomas Kleinlein (Frankfurt) and David Roth-Isigkeit (Frankfurt).
Book abstract:
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of todays theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.Table of contents:
Introduction, Stefan Kadelbach, Thomas Kleinlein and David Roth-Isigkeit
Part I Authors
1: Niccolò Machiavelli's International Legal Thought: Culture, Contingency, and Construction, David Roth-Isigkeit
2: Francisco de Vitoria: A Redesign of Global Order on the Threshold of the Middle Ages to Modern Times, Kirstin Bunge
3: Francisco Suárez S. J. on the End of Peaceful Order among States and Systematic Doctrinal Scholarship, Tobias Schaffner
4: Jean Bodin on International Law, Merio Scattola
5: Alberico Gentili: Sovereignty, Natural Law, and the System of Roman Civil Law, Andreas Wagner
6: Althusius: Back to the Future, Thomas Hüglin
7: Hugo Grotius on the Conquest of Utopia by Systematic Reasoning, Stefan Kadelbach
8: Orders in disorder: The Question of a Sovereign State of Nature in Hobbes and Rousseau, Jonas Heller
9: The International Legal Argument in Spinoza, Tilman Altwicker
10: States as Ethico-Political Subjects of International Law: The Relationship between Theory and Practice in the International Politics of Samuel Pufendorf, Vanda Fiorillo
11: Christian Wolff: System as an Episode?, Thomas Kleinlein
12: The Law of the Nations as the Civil Law of the World: On Montesquieu's Political Cosmopolitanism, Christian Volk
13: Emer de Vattel on the Society of Nations and the Political System of Europe, Simone Zurbuchen
14: Towards a System of Sympathetic Law: Envisioning Adam Smith's Theory of Jurisprudence, Bastian Ronge
15: Systematicity to Excess Kant's Conception of the International Legal Order, Benedict Vischer
16: Fichte and the Echo of his Internationalist Thinking in Romanticism, Carla De Pascale
17: The Plurality of States and the World Order of Reason: On Hegel's Understanding of International Law and Relations, Sergio Dellavalle
Part II Perspectives on the Philosophy of International Law
18: What should the History of the Law of Nations Become?, Martti Koskenniemi
19: State Theory, State Order, State System: Ius Gentium and the constitution of Public Power, Nehal Bhuta
20: Spatial Perceptions, Juridical Practices, and Early International Legal Thought around 1500: From Tordesillas to Saragossa, Thomas Duve
21: The Disorder of Economy? The first Relectio de Indis in a Theological Perspective, Mónica García-Salmones
22: Power and Law as Ordering Devices in the System of International Relations, Gunther Hellmann
23: Universalism and Particularism: A Dichotomy to Read Theories on International Order, Armin von Bogdandy and Sergio Dellavalle
Some Brief ConclusionsPierre-Marie Dupuy On the editors:
Stefan Kadelbach, Cluster of Excellence at Goethe University Frankfurt/Main, Thomas Kleinlein, Principal Investigator of the 'Federalism of Rights' research project (DFG, German Research Foundation) and Associate Member of 'Normative Orders', Cluster of Excellence at Goethe University Frankfurt/Main, and David Roth-Isigkeit, Cluster of Excellence at Goethe University Frankfurt/MainStefan Kadelbach is Professor of Public International Law and European Constitutional Law at Goethe University Frankfurt/Main and a Member of ' Normative Orders', Cluster of Excellence, a group of researchers from various disciplines funded by the German Research Foundation. His teaching and research covers general international law, the theory of international law, human rights, and European and German constitutional law.Thomas Kleinlein is Privatdozent at the Institute for Public Law and Associate Member of 'Normative Orders', Cluster of Excellence, at Goethe University Frankfurt/Main. He is the principal investigator of a research project funded by a grant from the German Research Foundation entitled Federalism of Rights: Perspectives of Dialogue and Pluralism in Multilevel Fundamental Rights Adjudication in Germany, the United States Compared. In the winter semester 2016/17, he is a visiting professor at Humboldt University Berlin.David Roth-Isigkeit is a Research Fellow at 'Normative Orders', Cluster of Excellence at Goethe University Frankfurt/Main.More information on OUP's website.
Categories: Comparative Law News

JOB: Dual Doctoral Award Exeter/Brussels, ERC Consolidator Grant Average - DEADLINE 1 MAY 2017

Tue, 04/11/2017 - 02:33






Award description
Applications are invited for one ERC-funded Dual Doctoral Award with the Department of History at the University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium). This doctoral position will focus on researching the development and practice of Maritime Averages in Bruges and Antwerp between the Fifteenth and Sixteenth Centuries under the supervision of Professor Maria Fusaro (Exeter), Principal Investigator of the project, and Professor Dave De ruysscher (Brussels).

This doctoral position will last for 42 months – to allow for the appropriate technical and quantitative training to analyse this complex documentation – and all its activities will be fully embedded into the wider project’s activities.
The overall aim of the project (ERC grant agreement number 724544) is to investigate the legal and economic development of General Averages comparatively across Europe (in total 4 doctoral positions are being advertised for different countries). A topic neglected by scholars, even though rich and substantial (serial) documentary evidence about it has survived for the early modern period. The project will be articulated along two principal axes: one principally concerned with economic analysis, which will analyse (and make available) data extracted from archives in Italy (Venice, Livorno, Genoa), the Low Countries and Spain; the other concentrating on the legal and political elements behind GA historical development. You can hear more details about the project from this link: http://www.exeter.ac.uk/research/events/ercweek/professormariafusaro/
Developments in the Low Countries between the Fifteenth and Sixteenth centuries are an essential element of the project, as the presence of foreign merchants and shipowners (especially Italian and Spanish) in Bruges and Antwerp stimulated important transfer of legal institutes and cross-fertilisation between different legal systems. The successful candidate will focus his/her work on the investigation of legal texts, and of judicial practices in the Great Council of Mechlin and the Municipal Courts of Bruges and Antwerp.
The project offers exciting opportunities for excellent students eager to continue his/her study whilst being actively embedded into an exciting interdisciplinary and transnational research project. The successful applicant will be dividing his/her time between the UK and Belgium, taking advantage of the excellent training facilities available at the Universities of Exeter and the Vrije Universiteit Brussels.  S/he will also be expected to present aspects of his/her research in workshops, seminars and conferences organised within the project over its lifetime.
Application deadline

1st May 2017Number of awards:1Value:£14,553 plus full tuition fees for eligible studentsDuration of award:per yearContact: Dr Matt Barber, Graduate School Administratorhumanities-pgadmissions@exeter.ac.uk

How to apply
Entry criteria
We invite applications from candidates with a strong academic background in early modern history, preferably economic and social history of Europe. Successful applicants should normally have a good first degree (at least 2.1, or international equivalent) in a relevant field of humanities and/or social sciences, and have obtained, or currently working towards a Masters degree at Merit level, or international equivalent, in early modern history.  Knowledge of Dutch and English is a requirement for this position. Experience with reading Latin and Spanish or Italian is an advantage.  If English is not a candidate’s native language, s/he will also need to satisfy the English language entry requirements of the University of Exeter.To apply

Applicants should complete an online web form and upload a full CV, a sample of recent work (maximum 10,000 words) (please upload this in the research proposal section of the application form), a cover letter outlining your academic interests, prior research experience and reasons for wishing to undertake the project, transcripts, and details of two referees by 1 May 2017.  If relevant, proof of English/Dutch language proficiency will be required prior to signing the studentship agreement.

Applicants should ensure two referees email their references in the form of a letter to the Postgraduate Administrator at humanities-pgadmissions@exeter.ac.uk by 1 May 2017. The responsibility for ensuring that references are received by the deadline rests with the candidates. Referees must email their references to us from their institutional email accounts (references sent from personal/private email accounts will not be accepted unless in the form of a scanned document on institutional headed paper and signed by the referee).
All application documents must be submitted in English. Certified translated copies of academic qualifications must also be provided.

It is anticipated that shortlisted candidates will be notified within a week of the deadline and that interviews will take place at the University of Exeter in late May. More information
If you have any queries or would like to discuss this opportunity before applying, please contact Professor Maria Fusaro (m.fusaro@exeter.ac.uk).

If you have any queries regarding the application process please contact:

Postgraduate Administrator at: humanities-pgadmissions@exeter.ac.uk
College of Humanities Graduate School, University of Exeter
Queen's Building, The Queen's Drive
Exeter, Devon, EX4 4QH

Visit http://humanities.exeter.ac.uk/ for more information.(source: University of Exeter)
Categories: Comparative Law News

SUMMER SCHOOL: "Summer course on Laws in antiquity" (Amsterdam, July 8-22, course starts Mon July 10)

Wed, 04/05/2017 - 00:41

WHAT Summer course on Laws in antiquity: Law and Legal Systems from Mesopotamia, Egypt, Rome and Byzantium
WHEN July 8-22, course starts Mon July 10

WHERE VU University Amsterdam Summer School (AMSS)

The VU Amsterdam Summer School offers interactive small-scale courses (max. 25 students). Our courses are designed to provide an intensive, in-depth look at your topic of study. You will engage in discussions with a unique group of peers, from all parts of the world. Amsterdam, the capital of the Netherlands, is a historic city with a creative and modern feel. A true metropolis bustling with student life. Amsterdam welcomes you to experience it's warm atmosphere and open society. The city has over 188 unique nationalities, making it one of the most international cities in the world. It is considered a safe and friendly city in a country where English is widely spoken. 
All courses include built-in excursions to museums and institutes such as the Anne Frank House and the International Criminal Court. Personal guidance by your instructors, all excellent professors at VU Amsterdam, and a stimulating cultural environment provide a meaningful and lasting experience. A social programme is available if you wish to explore more outside of the course.
Various housing options are available to all students, both on and off campus. We are proud of our high student satisfaction. VU Amsterdam Summer School has been credited by its students with an average score of 8.5 out of 10. Be aware:  
  • Early Bird Discount of €150 available if you apply and pay before 15 March 2017
  • Students of our partner universities receive a discount of €250
  • Follow 2 courses: €100 discount, follow 3 courses: €200 discount 
  • 10 scholarships available that cover the full tuition fee of one course
Categories: Comparative Law News

CONFERENCE: "Supreme courts under Nazi occupation" (Regensburg, July 10-11 2017)

Wed, 04/05/2017 - 00:34

WHAT Supreme courts under Nazi occupation, Conference
WHEN July 10-11 2017
WHERE Universität Regensburg, Künstlergarderobe beim Audimax
all information here
Wie kann die Justiz den Primat des Rechts gegen politische Einflussnahme verteidigen? Diese Frage ist so alt wie Rechtsstaatlichkeit und unabhängige Justiz selbst. Einen wichtigen Beitrag zur Beantwortung dieser Frage kann der vergleichende Blick auf nationale Höchstgerichte in Europa in einer Zeit höchster Bedrohung der Rechtsstaatlichkeit leisten, nämlich zur Zeit der Besetzung Frankreichs, Belgiens, Hollands, Luxemburgs, Dänemarks und Norwegens im Zweiten Weltkrieg. Für einzelne Höchstgerichte liegen bereits Untersuchungen vor, die zum einen ganz allgemein das Selbstverständnis dieser Höchstgerichte entfalten, zum anderen auch speziell die Situation dieser Gerichte während des Zweiten Weltkriegs in den Blick nehmen. Im Rahmen der Tagung werden die Erkenntnisse zur Situation in den einzelnen Staaten vertieft und insbesondere miteinander vergleichen werden, wobei den methodischen Postulaten einer vergleichenden Rechtsgeschichte Rechnung getragen wird.Programm

Mon 10 July (14.00)Introduction
Derk Venema Reichsgericht (Germany)
Martin LöhnigHøjesteret (Denmark)
Ditlev TammNorges Høyesterett (Norway)
Jørn Øyrehagen Sunde Hof van Cassatie/Cour de cassation (Belgium)
Françoise MullerTue 11 July (09.00)Hoge Raad der Nederlanden (Netherlands)
Derk VenemaCour de cassation (France)
Marc Olivier Baruch
Clément Millon Cour supérieure de justice (Luxembourg)
Vincent Artuso Judges and Occupation
Mélanie BostSynthesis
Derk VenemaKontaktAnmeldungen erbitten wir an rechtskultur@ur.de
Die Teilnahme ist kostenlos.


Categories: Comparative Law News

CFA: “Traffic in Women and International Law" (deadline November 15, 2017)

Mon, 03/27/2017 - 00:43

"Traffic in Women" and International Law

Call for Articles


Six international conventions to combat the so-called “Mädchenhandel”,“white slavery”, “traffic in women” and “human trafficking” were adopted over the course of the 20th century. During the first half of the 20th century the issue received political and public attention to a degree as to make it possible to regulate it through international law. Five of the six international conventions were adopted between 1904 and 1949, while the last one was signed only in 2000. The phenomenon of the “trafficking in women” thus was one of the first fields for the regulation through international law along with more traditional issues, such as war and peace. A joint consideration of “trafficking” and international law thus offers a promising research topic.
Nevertheless, the international law dimension has only played a minor role in historical research on “trafficking”. So far, “trafficking” has been analysed with a view towards the multiple national as well as transnational civil society efforts and initiatives to combat „Mädchenhandel“, „white slavery“ or „traffic in women“. Some analyses have situated these efforts in the context of a “moral panic” and have, in some cases, questioned the existence of the underlying phenomenon. Studies focusing on the politics and implementation of anti-trafficking initiatives in national and local contexts, concentrated on certain regions. Research focusing on practices and implementation have pointed to an intricate connection between the politics of prostitution, migration and, more generally, sexual politics. A number of studies have analyzed the raced, gendered and classed dimensions of discourses, representations and politics in this field.
All these studies have pointed to core issues connected to histories of “trafficking”, such as prostitution, sexuality, migration, police, law and order as well as social and political efforts of civil society and media representations. A more general view of the research on the histories on trafficking reveals, however, a rather fragmented field, in particular with regard to the dimensions of international law, which often do not go far beyond teleological success stories of an international struggle against this “evil”.
This edited volume seeks to integrate all these aspects by approaching the field through actors and institutions: A number of actors in the fields of social and security politics, including networks of legal experts, contributed to the development and expansion of institutions to regulate “trafficking”.
Debates on “trafficking” were and still are structured by “mental maps” based on ideas of a poverty and civilizational gap. It stands out that at the turn of the 19th to the 20th century mostly Jewish women from Galicia were perceived of being victims of the traffic. With the process of decolonization after 1945 debates on trafficking and migrant prostitution were structured mostly through the lens of North-South-relations (“first world”-“third world”), which then again were re-structured as a gap between East and West after 1989. Against this backdrop it must be asked what it meant for the territorialization of international law that “trafficking” as a field of regulation was often connoted as “Eastern European”.


Furthermore, it is necessary to consider spatio-temporal shifts in legal definitions and public discourses at a national and international level as well as their implementation and the local practices connected with it, i.e. practices at the border, in the local (legal or illegal) brothel, at the rescue and counselling organisations, in court or in jail.
In order to deliver such a multidimensional perspective, it can be useful to offer an analysis of the legal language, legal discourse and the language used in policing practices. This includes semantic analyses of conceptual changes and shifts from “Mädchenhandel”, “white slavery” or “traite des blanches” to “Frauenhandel”, “traffic in women” and, eventually, “human trafficking”. The semantics of “slavery” deserves particular attention, because of the recurring reference to it in concepts such as “white slavery” or “Sexual Slavery”, but also due to the self-description of activists as “abolitionists”. For a perspective focusing on international law, we expect that an analysis of conceptual shifts embedded in the legal and social context and taking into account their global dimensions of transfers of meanings across borders to be particularly fruitful.
Aiming at unravelling the connection between international law and “trafficking” as part of the multi-layered dimensions of the issue at hand, we aim at discussing the controversial, but unavoidable question of what “trafficking” was and whether, if at all, it is and was captured empirically. The goal is less to find definite answers, but rather to fruitfully engage the legal and international focus to make the conceptual vagueness of “trafficking” as well as the spatio-temporal cycles of public attention devoted to trafficking the object of analysis. In this way, contradictions and discrepancies between and across various parallel discourses and practices become the centre of analysis. Who and whose experience was captured by anti-trafficking discourses and practices, and who was not? What did it mean for those affected to be discursively and/or legally categorized and contained as a “white slave”, “traded thing” or as “victim of trafficking”? What legal entitlements and what legal practices were connected to such categorization and how did these practices and the actors connected to them change in space and time?
Through such a multidimensional perspective, this edited volume aims at productively engaging with questions relating to changes in (international) law, statehood and the transnational sphere and show how “trafficking” was (and possibly still is) made in all these contexts.
We call for proposals for submissions for an edited collection. In particular, we seek proposals from various social sciences and humanities working on the issue outlined in the present call. We seek theoretically, methodologically and (for empirical submissions) empirically grounded submissions offering innovative and provocative analysis of the intersection of international law and the history (and present) of “trafficking”. A regional or temporal focus is not required.
Abstracts:
- 500 words (German or English);
- Short outline of the specific object of analysis, research question,sources/data, and method
- Deadline for the abstract April 15th 2017
- Notification of acceptance: April 22nd 2017
Deadline for the submission of the manuscript (German or English; max.70,000 characters): November 15th 2017
Editors of the collection: Sonja Dolinsek, Kathleen Zeidler inco-operation with Dietlind Hüchtker and Dietmar Müller
Contact Info:Sonja Dolinsek, Erfurt University: sonja.dolinsek@uni-erfurt.de
Kathleen Zeidler, University of Leipzig, GWZO,kathleen.zeidler@leibniz-gwzo.de
Categories: Comparative Law News

BOOK: "Tradicion romanista y derecho privado comparado" by Gábor Hamza

Mon, 03/27/2017 - 00:32

Gabor Hamza, Tradicion romanista y derecho privado comparado
all information here


Categories: Comparative Law News

CONFERENCE: "Quelques considérations sur certains choix systématiques concernant l’enrichissement sans cause" (Paris, March 27 2017)

Thu, 03/23/2017 - 03:46

WHAT Quelques considérations sur certains choix systématiques concernant l’enrichissement sans cause, conference
WHEN March 27, 2017, 17:30
WHERE Paris, Université Paris Descartes, Law faculty, Salle des Actes, 10, Avenue Pierre Larousse, Paris
speaker

Prof. Vincenzo Mannino, Roma Tre University
Categories: Comparative Law News

JOURNAL: Journal of the History of International Law / Revue d'histoire du droit international XIX (2017), No. 1

Thu, 03/16/2017 - 04:52
(image source: Brill)
Brill announced the publication of the first issue of the 2017 volume of the Journal of the History of International Law.

Articles:
"The Forgotten Genocide in Colonial America: Reexamining the 1622 Jamestown Massacre within the Framework of the UN Genocide Convention" (John T. Bennett)
"Imperial Colonialism in the Genesis of International Law – Anomaly or Time of Transition?" (Paulina Starski & Jörn Axel Kämmerer)
"Piracy and Empire: The Campaign against Piracy, the Development of International Law and the British Imperial Mission" (Michael Mulligan)
"Beyond the Myth of a Non-relationship: International Law and World War I" (Oliver Diggelmann)

Book reviews:
"Imperial Justice: Africans in Empire’s Court , written by Bonny Ibhawoh" (Evelyn Mogere)
"Formalizing Displacement: International Law and Population Transfers , written by Umut Özsu" (Alain Zamaria)

More information on Brill's website.
Categories: Comparative Law News

JOURNAL: Journal of Legal History XXXVIII (2017), No. 1

Thu, 03/16/2017 - 04:49
(image source: Uni Glasgow)
Routledge announced the publication of the first issue for 2017 of the Journal of Legal History.

Articles:
"Article Carlen v Drury (1812): The Origins of the Internal Management Debate in Corporate Law" (Victoria Barnes & James Oldham)

"Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria, Australia 1861–1961"
(Alana Piper & Mark Finnane)

"‘Female Husbands’, Community and Courts in the Eighteenth Century"
(Caroline Derry)

"Scottish Legal History Group Report 2016"

"Migrations of Manuscripts 2016"
(John Baker)

Book review
"Rehabilitation and Probation in England and Wales, 1876-1962" (Conor Hanly)

More information on the Routledge website.
Categories: Comparative Law News

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