Comparative Law News

Asia Pacific Journal of Environmental Law

Juris Diversitas - jeu, 05/25/2017 - 12:12
ASIA PACIFIC JOURNAL OF ENVIRONMENTAL LAWFree access to apjel Volume 19

25 May 2017Dear reader,The IUCN Academy of Environmental Law's annual Colloquium in Cebu, the Philippines will soon start and to mark the occasion, we are delighted to offer free access until 14th June to the current issue of APJEL (Volume 19).Please feel welcome to share the good news, and also recommend the journal to your library.With best wishes,
Ben Booth
Senior Commissioning Editor, Environmental Law

FREE ARTICLESEditorialEditorial: The 2030 Agenda for Sustainable Development, Tim Stephens and Ed CouzensArticlesEnhancing Chinese law and practice to combat illegal, unreported and unregulated fishing and trade, Juan HeThe role of public and private insurance in reducing losses from extreme weather events and disasters, Howard Kunreuther and Rosemary LysterExploring new research directions for achieving a sustainable future: what can be learned from the biofuel weed risk case study?, Elodie Le GalThe relevance of the no-harm principle to climate change law and politics, Benoît MayerBiological diversity conservation laws in South East Asia and Singapore: a regional approach in pursuit of the United Nations’ Sustainable Development Goals?, Burton Ong, Lye Lin-Heng and Joseph ChunCountry Report‘Walking a tightrope’: India's challenges in meeting the 2030 Sustainable Development Agendawith specific reference to climate change, Bill PritchardBook ReviewsS Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan, Transboundary Pollution: Evolving Issues of International Law and Policy (Edward Elgar, Cheltenham 2015) 456 pp, Reviewed by Adam ByrneJoshua Bishop and Chloe Hill (eds), Global Biodiversity Finance: The Case for International Payments for Ecosystem Services (Edward Elgar, Cheltenham 2014) 208 pp, Reviewed by Evan HammanSimon Marsden and Elizabeth Brandon, Transboundary Environmental Governance in Asia: Practice and Prospects with the UNECE Agreements (Edward Elgar, Cheltenham 2015) 360 pp, Reviewed by Michelle Lim Rosemary Lyster, Climate Justice and Disaster Law (Cambridge University Press, Cambridge 2016) 436 pp, Reviewed by Jeffrey McGee

Catégories: Comparative Law News

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


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




Catégories: Comparative Law News

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


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
Catégories: Comparative Law News

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


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
Catégories: Comparative Law News

Max Planck Encyclopedia of Comparative Constitutional Law

Juris Diversitas - mer, 05/17/2017 - 12:32
Oxford University Press launches the Max 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 Law products, 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
Catégories: 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...

(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.
Catégories: Comparative Law News

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

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
Catégories: Comparative Law News

La comparaison juridique et l’Afrique: Regards italiens

Juris Diversitas - mer, 05/10/2017 - 12:47
Conférence-débat du Master 2 Droits africainsEcole de Droit de la SorbonneUniversité Paris 1 Panthéon-Sorbonne
La comparaison juridique et l’Afrique. Regards italiens  AvecRodolfo SaccoProfesseur émérite, Université de Turin« Le caractère du droit africain »
Salvatore MancusoProfesseur de droit comparé, Université de Cape Town« L’Afrique et le droit comparé »
Antonio GambaroProfessore ordinario di Diritto Civile I, Facoltà di Giurisprudenza Università degli Studi di Milano« La méthode de la comparaison juridique »  
Mardi 16 mai 2017, de 10 h à 12 hAmphithéâtre Descartes en Sorbonne17 rue de la Sorbonne 75005 Paris

Inscription gratuite obligatoire à master2droitsafricains@univ-paris1.fr 
Catégories: Comparative Law News

New from Hart Publishing

Juris Diversitas - lun, 05/08/2017 - 13:08
Principled Reasoning in Human Rights AdjudicationSe-shauna Wheatle
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that  a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process.  By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Se-shauna Wheatle is Research Associate in Public Law in the Durham Law School, University of Durham.
Click here for more details about the Hart Studies in Comparative Public Law Series
April 2017     9781782259817     256pp     Hardback     RSP: $82
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $73.80 (+ postage)
Please click here for more information about this title and to order online
Chasing Criminal MoneyChallenges and Perspectives On Asset Recovery in the EUEdited by Katalin Ligeti and Michele Simonato
The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
Katalin Ligeti is Professor of European and International Criminal Law at the University of Luxembourg. Michele Simonato is a post-doctoral researcher in EU and Comparative Criminal Law at Utrecht University.
Click here for more details about the Hart Studies in European Criminal Law Series
April 2017     9781509912070     400pp     Hardback     RSP: $108
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)
Please click here for more information about this title and to order online
Public InquiriesWrong Route on Bloody SundayLouis Blom-Cooper
Throughout the twentieth century, administrations have wrestled with allaying public concern over national disasters and social scandals. This book seeks to describe historically the use of public inquiries, and demonstrates why their methods continued to deploy until 1998 the ingrained habits of lawyers, particularly by issuing warning letters in order to safeguard witnesses who might be to blame. Under the influence of Lord Justice Salmon, the vital concern about systems and services allotted to social problems was relegated to the identification of individual blameworthiness. The book explains why the last inquiry under that system, into the events of ‘Bloody Sunday’ under Lord Saville’s chairmanship, cost £200 million and took twelve and a half years (instead of two years). ‘Never again’, was the Government’s muted cry as the method of investigating the public concern was eventually replaced by the Inquiries Act 2005, by common consent a good piece of legislation. The overriding principle of fairness to witnesses was confirmed by Parliament to those who are ‘core participants’ to the event, but with limited rights to participate. The public inquiry, the author asserts, is now publicly administered as a Commission of Inquiry, and is correctly regarded as a branch of public administration that focuses on the systemic question of what went wrong, as opposed to which individuals were to blame.
Louis Blom-Cooper QC was a barrister at Doughty Street Chambers, and has over 30 years experience in public inquiries.
April 2017     9781509906789     176pp     Hardback     RSP: $54
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $48.60 (+ postage)
Please click here for more information about this title and to order onlineThe Lawyers Who Made AmericaFrom Jamestown to the White HouseAnthony Arlidge QC
No other nation’s creation, both politically and socially, owes such a debt to lawyers as the United States of America.  This book traces the story of that creation through the human lives of those who played important parts in it: amongst others, of English lawyers who established the form of the original colonies; of the Founding Fathers, who declared independence and created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the Supreme Court and finally Barack Obama.  Even Richard Nixon features, if only as a reminder that even the President is subject to the law.  The author combines his wide legal experience and engaging writing style to produce a book that will enthral lawyers and laymen alike, giving perhaps a timely reminder of the importance of the rule of law to American democracy.
Anthony Arlidge has been a Queen’s Counsel for over thirty five years, appearing in many high profile cases.  He has submitted written amicus briefs to the Supreme Court of the United States and the Santa Monica Court of Appeals.  A lifelong interest in legal history led him to co-author ‘Magna Carta Uncovered’ in 2014 and in turn to the present work, which demonstrates, amongst other things, the influence of the British definitions of liberty on the American Constitution.
April 2017     9781509906369     232pp     Hardback     RSP: $34
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $30.60 (+ postage)

Please click here for more information about this title and to order online
Catégories: 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)


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.

Catégories: 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)


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).
Catégories: Comparative Law News

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


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.
Catégories: Comparative Law News

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

(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.
Catégories: Comparative Law News

Annual Conference: Program and Details to come soon!

Juris Diversitas - ven, 04/28/2017 - 19:28

JURIS DIVERSITAS5th ANNUAL CONFERENCE
July 10-12, 2017
Lyon, France

In partnership withEM Lyon & Université Jean Moulin
Law & FoodLa cuisine juridique
Timing:The conference starts Monday morning, July 10, at 9:00 am, and ends Wednesday, July 12, at 12:30.
Venue: Monday, July 10: EM Lyon, Ecully Campus (transportation will be organized from central Lyon)
Tuesday and Wednesday, July 11-12: Université Jean Moulin, 15 Quai Claude Bernard, Lyon.

Plan to arrive in Lyon on Sunday. Why not spend the weekend in this magnificent city?

We are working at the planning and coordinating hospitality. More information to come soon. Thank you for your patience. 
Catégories: Comparative Law News

Twenty-First-Century Immigration to North America at MQUP

Juris Diversitas - ven, 04/21/2017 - 13:14

New Release from MQUP 

Twenty-First-Century Immigration to North AmericaNewcomers in Turbulent Times Edited by Victoria Esses and Donald E. Abelson
“A valuable book for scholars, students, policy makers, and practitioners, Twenty-First-Century Immigration to North America not only demonstrates the complexity of immigration, but also provides readers with a unique analytical lens, rich insights, and specific directions for future research.” - Miu Chung Yan, University of British Columbia
$34.95 (Paperback)
Book details Overview
A revealing assessment of the policies, practices, and impact of immigration to Canada and the United States. Human migration has reached an unprecedented level, and the numbers are expected to continue growing into the foreseeable future. Host societies and migrants face challenges in ensuring that the benefits of migration accrue to both parties, and that economic and socio-cultural costs are minimized.

An insightful comparative examination of the policies and practices that manage and support immigrants to Canada and the United States, Twenty-First-Century Immigration to North America identifies and addresses issues that arose in the early years of the twenty-first century and considers what to expect in the years ahead. The volume begins with an overview of immigration policies and practices in Canada and the United States, then moves to an investigation of the economic and socio-cultural aspects, and concludes with a dialogue on precarious migration. Taking a multidisciplinary approach, the editors include research from the areas of psychology, political science, economics, sociology, and public policy.

Victoria M. Esses is professor of psychology and director of the Centre for Research on Migration and Ethnic Relations at the University of Western Ontario, and principal investigator of the Pathways to Prosperity Partnership.

Donald E. Abelson is professor and chair of political science at the University of Western Ontario and the author of Northern Lights: Exploring Canada’s Think Tank Landscape, A Capitol Idea: Think Tanks and U.S. Foreign Policy, and Do Think Tanks Matter?: Assessing the Impact of Public Policy Institutes.

Course adoption/exam copy requests: 
Click here for information Media/review copy requests:
Jacqui Davis, Publicist jacqueline.davis@mcgill.ca Tel: 514-398-2555
Catégories: Comparative Law News

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


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
Catégories: 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)


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.
Catégories: Comparative Law News

The UK after Brexit: Legal Policies and Challenges

Juris Diversitas - mer, 04/12/2017 - 17:39
The UK after Brexit
Legal and Policy Challenges

Michael Dougan (ed.)

June 2017 | ISBN 978-1-78068-471-0 | approx. 300 pp. | paperback

29 GB pounds | 31 euros | 37 US dollars
   The UK after Brexit is the result of a cooperation between a group of leading academics from top institutions in the UK and beyond. It offers students, practitioners and scholars an authoritative, informative and thought-provoking series of analyses of some of the key challenges facing the UK legal system in and through the process of ‘de-Europeanisation’ – that is, in and through ‘Brexit’. It provides discursive exploration of key issues and themes for reflection and debate within multiple areas of law, broadly divided into three main areas of interest:

- constitutional concerns such as the relationship between Parliament and the Executive, the relevance of devolution, and the impact on the courts;

- substantive topics including employment law, environmental law, financial services, intellectual property, and criminal cooperation;

- issues regarding the UK’s external relations, for example its relations with the EU, membership of the World Trade Organisation, ingredients for creating UK trade policy and bilateral investment policy, and international security (the UN, NATO and more).

The structure of this work is specifically designed to offer the clearest presentation of these analyses and constitute a critical, comprehensive resource on the effects of de-Europeanisation on the UK legal system. These analyses will remain relevant over time – not only as the withdrawal process unfolds, but well into the future as the UK reorientates its legal system to new internal and external realities.

http://intersentia.com/en/the-uk-after-brexit.html
Catégories: 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

(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.
Catégories: Comparative Law News

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Juris Diversitas - mar, 04/11/2017 - 17:15

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc).

The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.Table of contents1. Introduction
2. A Mid-Channel Jurisdiction-Jersey as a Mixed Legal System
3. Basic Principles of Contract Law from a Comparative Perspective
4. The Formation of a Contract
5. Undermining a Contract: Vices de Consentement 
6. Effects of Contracts
7. Comparing Remedies
8. Comparative Law Lessons and Reform Issues- See more at: http://www.bloomsbury.com/au/comparative-law-in-practice-9781782257219/#sthash.VKNl5EfP.dpuf

About the author: Duncan Fairgrieve
Catégories: Comparative Law News

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