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Book: Corruption, Economic Analysis and International Law

mar, 2014-06-17 05:20
Book: Corruption, Economic Analysis and International Law 
A new title published by Edward Elgar Publishing is now available: Corruption, Economic Analysis and International Law by Marco Arnone and Leonardo S. Borlini.

Description
‘Although corruption has affected human society since its very birth with different intensity over time, it is not confined to any particular geographic region, country, social or political system or culture. Recently there has been widespread international determination to effectively curb such crime. Corruption: Economic Analysis and International Law by Marco Arnone and Leonardo Borlini reviews the richness and complexity of the ongoing research on corruption and shows the value of integrating a comprehensive economic understanding of its consequences and a critical assessment of the several legal instruments promoted by major intergovernmental organizations on this issue. This approach is particularly timely because, on the bright side, this book shows that economic crises may lead to greater social responsiveness in the face of attempts to drain public resources through corruption and bribery. The use of a wide range of economic models and the acute analysis of the contemporary evolution of traditional institutions belonging to the realm of international and European law represent two additional values of this work. Finally, the personal commitment of both authors to scientific research and professional activity related to public governance and anti-corruption reforms make this book a valuable source for further thought and analysis for scholars, public servants and practitioners.’
– Giorgio Sacerdoti, Professor of International and European Law, Bocconi University and former President of the WTO Appellate Body and Vice President of the OECD Working Group on CorruptionContents
Contents: Foreword Preface Introduction Part I: Economics, Finance, and Governance Section 1: Economics 1. Opening Remarks: Corruption and Economic Analysis 2. Firms, Markets, and Corruption 3. Corruption and Macroeconomic Performance Section 2: Finance 4. Financial Markets: Bonds, Stocks, and Politically-connected Firms 5. The Impact of Corruption in Shares’ Returns of Euro-area Listed Industrial Firms 6. Operational Efficiency, Corruption, and Political Stability in Microfinance Section 3: Governance 7. Governance, Corruption, and Effects on Institutions Part II: Birth and Evolution of an Anti-corruption Global Legal Standard Trans-national Corruption and Effective Regulation Section 4: Cases of Trans-national Corruption: Description and Legal Issues 8. How Corruption Affects the Economic and Institutional Textures of States: three case examples Section 5: Horizontal Assessment of the International Hard Law Instruments 9. The US FCPA as the Archetype of the Supra-national Anti-bribery Regulation 10. The Emergence of an International Framework: Regional, International, and Multilateral Treaties and Initiatives 11. Criminalization of the Offence 12. Sanctions and Corporate Liability 13. Jurisdictional Issues 14. Mutual Legal Assistance and Extradition 15. Preventive and Non-criminal Related Measures 16. Follow up Procedures as Specific Cases of International Supervision 17. Asset Recovery Afterword Bibliography Index
Catégories: Comparative Law News

CONFERENCE: Human Rights and Legal Pluralism in Theory and Practice

lun, 2014-06-16 09:30
The Norwegian Centre for Human Rights in cooperation with the Rights, Individuals, Culture and Society Research Centre organize an international conference entitled ‘Human Rights and Legal Pluralism in Theory and Practice’ on Friday 5th and Saturday 6th December 2014 at the Faculty of Law of the University of Oslo. For more information see: 
http ://www . jus . uio . no/smr/english/research/areas/diversity/events/international-conference-on--human-rights-and-lega . html
Catégories: Comparative Law News

BOOK: Understanding Constitutional Transformations: A New Study on the Highest Courts of Brazil, India and South Africa

lun, 2014-06-16 09:23
In a groundbreaking contribution to our understanding of the relation between constitutions and social change in the Global South, the Pretoria University Law Press (Pulp) has just published an original book on the highest courts of Brazil, India and South Africa (BISA countries). The book Transformative Constitutionalism: Comparing the Apex Courts of Brazil, India and South Africa, published in December 2013 and now fully available online, is the first scholarly account on how the BISA highest courts manage to implement their respective transformative constitutions, including a critical view on instances where those courts fall short of it.
The book’s originality lies in the critical yet multi-faceted analyses it brings. Transformative Constitutionalism offers a horizontal look at a wide range of pressing constitutional issues in the BISA countries, including gender, sexual minorities, religion, health, land, citizenship, social movements and the use of international and foreign law by the highest courts. Such wide range of issues, combined with the first attempt in English to include an extensive comparative analysis of the Brazilian constitutional experience, makes this book a vital publication for constitutional scholars, human rights activists, lawyers and judges of those BISA countries and beyond.
Let alone being the first comprehensive study of this nature about BISA constitutions, Transformative Constitutionalism also brings three additional contributions. First, the book conveys a critical overview of the three BISA constitutions and their highest courts, describing for the international audience their main features, potentials and shortcomings. Second, the book debates how constitutional scholars do comparative constitutional work and what are its limits. Third, finally, the book ends with the insightful reflections of Justice ZM Yacoob, who served as a judge of the South African Constitutional Court from 1998 to 2013.
Apart from its multi-faceted scope, the overall theme of the book is transformative constitutionalism, an emerging topic in constitutional and human rights circles. In fact, the book opens with a critical exchange on different views regarding transformative constitutionalism. “This book represents an effort by human rights academics and activists to consider the constitutions of Brazil, India and South Africa as fundamental instruments in the promotion of rights and the consolidation of democracy in these countries. This transformational ideal makes this publication essential reading,” noted Juana Kweitel, program director at Conectas Human Rights. Conectas is one of the non-government organizations that contributed extensively to this publication, along with academics and activists from BISA countries.
Such an ambitious book is the product of a collaborative project. The 28-chapter publication results from the result of the research project “Justiciability of Human Rights – a comparative analysis: South Africa, Brazil and India”, which was coordinated by Conectas and involved a judge, academics and human rights defenders from these three countries. The team was coordinated by three of the most well respected scholars in each BISA country: in South Africa by Professor Frans Viljoen, in Brazil by Professor Oscar Vilhena Vieira and in India by Professor Upendra Baxi.
In Oscar Vilhena's opinion, the research result was a set of comprehensive and informative texts about the solutions found among the three analyzed countries on the way in which their supreme courts legally face social, political, and moral problems of high complexity. "The three constitutions were adopted at a time when the country came out of periods characterized by authoritarian rule, colonialism or apartheid, respectively. These documents not only faced the challenge of limiting the power of the State, but adopted ambitious challenges to change society. Not only to react to the recent past, characterized by the movements mentioned above, but to fight more historical aspects entrenched in inequality and injustice," he explained in the launch of the book at the FGV's São Paulo Law School on March 14, 2014.
To read the book, please click here
Catégories: Comparative Law News

NEWS AND REVIEWS: European Network on Law and Society (Réseau Européen Droit & Société)

lun, 2014-06-16 09:13


The excellent, very generous listings--of both Anglophone and Francophone materials--of the European Network on Law and Society (Réseau Européen Droit & Société), ‘Nouvelles du monde’ and ‘Au fil des revues’, are now available. Have a look.
Catégories: Comparative Law News

JOURNAL: The Law Teacher - Special Issue on Storytelling in Legal Education

sam, 2014-06-14 15:22
Routledge Law has written the following:The Law Teacher has just published a brand new Special Issue on Storytelling in Legal Education.

This Special Issue features articles on legal analysis through the lens of photojournalists' storytelling dilemmas, law, culture and Euro-crime as well as witness familiarisation training in England and Wales.To get a taste of the Special Issue, we have made the Editorial, written by Robert McPeake & editor Chris Ashford, completely free to access for your enjoyment....Journal of the MonthWe're pleased to announce that The Law Teacher is our journal of the month. To celebrate, we have created a dedicated page with free articles and an introduction by editor Chris Ashford.

We hope you enjoy reading The Law Teacher.
Catégories: Comparative Law News

LECTURE/GENERAL ASSEMBLY: Palmer at la Société de législation comparée

sam, 2014-06-14 14:56
The General Assembly of la Société de législation comparée/the Society of Comparative Legislation will be held on 10 July 2014 at Salle des conseils; 12, place du Panthéon; 75005 Paris.


Professor Vernon Palmer (Thomas Pickles Professor of Law, Tulane University) will address the Society at 17:45 about ‘Le dommage moral : l’éveil français au 19ème siècle’.
Catégories: Comparative Law News

PROPOSALS WANTED: Juris Diveritas Book Series (Ashgate)

sam, 2014-06-14 12:35
Juris Diversitas is proud to have a book series with Ashgate (we're also a Publishing Partner):
Rooted in comparative law, the Juris Diversitas Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome. 
Our first volume will be Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 
While we've a number of other titles lined up, we're looking for additional proposals, especially for monographs and student texts.
Note that selected volumes are also provided free with membership.

For additional information, contact Seán Patrick Donlan at sean.donlan@ul.ie.
Catégories: Comparative Law News

RIP: RODERICK A. MACDONALD (1948-2014)

sam, 2014-06-14 06:30
RIP: RODERICK A. MACDONALD
We were fortunate to have Rod on our Advisory Council from 2010-2012. I was pleased to know his ideas. I wish I'd know the man better. He was loved by many.

On his life and work, see the thoughts of Daniel Jutras, Dean of the McGill Law School, the McGill Guestbook, and A Just Life, an episode of CBC's Ideas with Pail Kennedy.
Catégories: Comparative Law News

BOOK: Solinas on Legal Evolution and Hybridisation

mar, 2014-06-10 07:10

I'm pleased to note the publication of Matteo Solinas, Legal evolution and hybridisation: The law of shares transfer in England (2014).
While I confess that I still have to read the book, it appears to closely parallel my work, and that of others in Juris Diversitas, over the last few years on hybridity, diffusion, colonialism, etc:
This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception. It finds the comparative discussions centred on the appropriateness of describing the movement of law from one country to another in terms of ‘legal transplants’ perplexing and lacking in a convincing inquiry into the reception process. In an attempt to fill that gap, this study contends that certain recent contributions on culture contact and culture change provide an interesting explanation for the circulation of juridical models across national boundaries. More precisely, this study argues that the notion of hybridity, as originated in postcolonial theory, offers a formidable conceptual means to examine the intricacies of legal evolution, to refine and to give content to the observation of the reception of law.

But as its table of contents indicates, Legal evolution and hybridisation:

does not rest exclusively on theoretical grounds. The complexities of the themes involved are explored and tested by focusing on a case study. This is the legal mechanism by which shares in companies are transferred in England under the direct and indirect holding systems.

Note, too, that Intersentia now offers readers of the Juris Diversitas Blog a 20% discount on its books. More information is available here.
Catégories: Comparative Law News

DISCOUNT: Intersentia

mar, 2014-06-10 06:43
We're happy to announce that Intersentia is now offering readers of the Juris Diversitas Blog a 20% discount on its books.
To receive this discount, please order via mail (mail@intersentia.be) and quote the discount code 'JDB- ITS' .

This offer will be added to our other discounts.
Catégories: Comparative Law News

SCHOLARSHIP: PhD Studentship - The History of Ideas about Law and Society in a Global Context

ven, 2014-06-06 09:53
The Centre for Law and Society in a Global Context (CLSGC), part of the School of Law at Queen Mary - University of London:is offering a PhD Studentship to fund a doctoral student to conduct research in the area of the history of ideas about law and society in a global context. The CLSGC would welcome applications for this funding award from applicants whose research proposals outline how they aim to investigate the social context in which such ideas are articulated either by individual jurists or groups of jurists.The research will be conducted at the CLSGC, which was established in the summer of 2013. It is a home for multidisciplinary research into the global dimensions of law and society. At its core, the CLSGC aims to work towards a better theorization of law in its changing social contexts, exploring the challenges posed for this endeavour by law's increasingly important global dimensions. One of the key planks of CLGSC's research program is the historical dimension of the globalisation of law, including the globalisation of ideas about law and society.The studentships are awarded on the basis of academic excellence. The application process for these awards is highly competitive. Shortlisted candidates will be required to attend an interview.For additional information see here or here.
Catégories: Comparative Law News

AWARD: Professor Olivier Moréteau

ven, 2014-06-06 04:50
Professor Olivier Moréteau, Vice-President of Juris Diversitas and Co-Organiser of the coming conference in Aix, was recently awarded the John Ashby Hernandez III Memorial Francophone Leadership Award by the Louisiana State Bar Association at the General Assembly and House of Delegates meeting.Well done, Sir. (Love the halo!) - SPDFor additional information, click here.
Catégories: Comparative Law News

eJOURNAL (New): BioLaw Journal - Rivista di BioDiritto

mer, 2014-06-04 16:18
The first issue of BioLaw Journal - Rivista di BioDiritto has just been published. 

BioLaw Journal – Rivista di BioDiritto is a peer reviewed, online law journal focusing on the relationships between law and life sciences under a comparative perspective. According to its interdisciplinary nature, the Journal hosts contributions in the fields of law, life sciences and bioethics.
The Journal presents articles, commentaries and book reviews which provide an innovative and original source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in national, European and international biolaw.
The first issue is freely available at this link: http://www.biodiritto.org/ojs/index.php?journal=biolaw&page=index
Catégories: Comparative Law News

OPPORTUNITY: Lecturer/Senior Lecturer in Law, Ghana Campus

mer, 2014-06-04 08:08
Lancaster University Ghana seeks lecturers or senior lecturers. 

Qualified to teach Ghanaian law, the appointees will be part of the founding Law School at our campus in Accra, Ghana. From October 2014 the campus will offer a Ghanaian qualifying law degree at undergraduate level on which the appointees will teach. 

Further details and contact details can be found here.
Catégories: Comparative Law News

JOURNAL (New): ELTE Law Journal (Eötvös Loránd University)

mar, 2014-06-03 08:27
Hungary’s oldest and largest university, the Eötvös Loránd University (ELTE) started its 378th academic year in 2013. As a part of its vision on fostering international educational and scholarly ties, ELTE Law School has launched its Law Journal, with the aim of it becoming an international and regional forum for learned debate on comparative legal studies.
ELTE Law Journal targets a regional and international readership including scholars and practitioners. This is also reflected by the international composition of the Advisory Board: Armin von Bogdandy (Heidelberg), Adrian Briggs (Oxford), Marcin Czepelak (Krakow), Bénédicte Fauvarque-Cosson (Paris), Erik Jayme (Heidelberg), Herbert Küpper (Regensburg), Ulrich Magnus (Hamburg), Russel Miller (Lexington, Va), Olivier Moreteau (Baton Rouge, LA), Marianna Muravyeva (Oxford), Ken Oliphant(Bristol), Helmut Rüssmann (Saarbrücken), Luboš Tichy (Prague), Emőd Veress (Kolozsvár/Cluj), Reinhard Zimmermann (Hamburg) 
ELTE Law Journal invites you to submit original articles that explore contemporary, practical issues in the field of private law, criminal law, constitutional and administrative law, international law and European law. We have a strong preference for submissions with a comparative approach and for articles exploring legal issues from the perspective of European law and/or international law.We accept submissions on a rolling basis.
The journal is available online at the following link: http://eltelawjournal.hu/
The Editorial Board welcomes submissions for publication. Formal requirements may be found here: http://eltelawjournal.hu/submission-guide/
Catégories: Comparative Law News

ARTICLE: Ralf Poscher on Interpretaton and Understanding in Law. The Complexity of Easy Cases

lun, 2014-06-02 06:09
Juris Diversitas is pleased to inform You about the new article of Prof. Ralf Poscher (Albert-Ludwigs-University Freiburg) Inerpretation and Understanding in Law. The Complexity of Easy Cases, published on Philosophi of Law eJournal. 

Abstract:      

Lon L. Fuller challenged the positivist distinction between the law “as it is” and the law “as it ought to be” by insisting on the need for interpretation even in easy cases of adjudication. Fuller argued that interpretation is always creative in the light of the purpose of the rule to be applied and thus always draws on the law “as it ought to be”. Andrei Marmor tried to defend positivism against this challenge by advancing the thesis that there is no need for interpretation in easy cases. He drew on Ludwig Wittgenstein’s remarks on rule following to suggest that in easy cases the law is just in need of understanding, not of interpretation. Although I also think that positivism can be saved from Fuller’s challenge, I do not think that it can be done with the help of Wittgenstein’s distinction between interpretation and understanding. Fuller’s challenge and Wittgenstein’s remarks on the relation between a rule and its application address different aspects of the process of adjudication in easy cases, which build upon, but which cannot be played out against each other. We have to distinguish between two different elements of our practice of adjudication in easy cases: On the one side the communicative interpretation of utterances – in the case of the law legal texts – in the sense Paul Grice was concerned with; on the other side the application of a rule thus identified as the content of a communicative intention that Wittgenstein’s remarks on rule following are concerned with. Fuller can be understood to have insisted rightly on the ubiquity of the former, which cannot be refuted by any account of the latter. The upshot, though, is not that Fuller’s challenge is successful. Its flaw, however, does not lie in the insistence on the ubiquity of communicative interpretation, but in its exploitation of an ambiguity of the creative element in two different kinds of interpretation. We have to distinguish between the epistemic creativity that can be involved in communicative interpretation and the creativity involved in amending the law via legal construction. Only the latter concerns the distinction between the law “as it is” and the law “as it ought to be”.
Catégories: Comparative Law News

CONFERENCE: Legal Remedies for Corruption

sam, 2014-05-31 09:31
A conference on the Legal Remedies for Corruption will be taking place at the Said Business School on Saturday 28 June 2014.

The conference will be jointly hosted by the Oxford Institute for Ethics, Law and armed Conflict (Oxford Department of Politics and International Relations) and Open Societies Foundation, Justice Initiative provide a forum to discuss how litigation, based on innovative legal approaches, has been useful in challenging, mitigating, remediating and deterring corruption.

Discussion will focus on current legal practice in the fight against corruption globally and its evolution since 2005. 

Some of the case studies will focus on the cases against the ruling elites in Equitorial Guinea, Gabon, Zambia and South Africa.

Further information on the conference is available at the following link:
http://www.elac.ox.ac.uk/downloads/Flyers/Corruption%20Conference%20ELAC%20advert.pdf and in the attached document.

To register, please contact Miss Vuyelwa Kuuya at vuyelwa.kuuya@politics.ox.ac.uk
Catégories: Comparative Law News