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ven, 01/16/2015 - 05:13
We suggest the following articles from Islamic Law & Law of the Muslim World eJournal:

"Constitution-Making in Egypt: The Role of Constitutional Court Judges" 
in Revolution as a Process: The Case of the Egyptian Uprising edited by Adham Hamed (Wiener Verlag für Sozialforschung (6 Dec 2014)ANEESA WALJI, Consultant
Email: aneesa.walji@gmail.com
Since February 2011, when street protests forced former Egyptian president Hosni Mubarak to resign, Egypt has experienced two constitution drafting processes. This chapter examines the role of judges in the second constitution-making process.

More specifically, it examines and interrogates the role of individual Supreme Constitutional Court (SCC) judges. It begins with an introduction to constitution-making and constitutional courts, and then points to an important literature gap at the intersection of these two subjects. Following this, it examines the situation in Egypt. There is a brief description of the Egyptian SCC and the role of SCC judges in the constitution-making process leading up to the 2014 Constitution. Finally, it offers some analysis and observations, employing democratic concepts and principles about the role of judges in a democracy, all with a commitment to liberal constitutionalism.

Ultimately, the author raises a number of abstract and Egypt-specific contextualized factors to assess the role of judges in constitution-making, in order to begin a discussion about the kinds of considerations that might be made generally in constitution-making. The key conclusion is that while there may be value to having judges formally involved in constitution building, much is at risk for judicial independence in the process.
"Boko Haram, Islamic Law of Rebellion and the ICC" 
International Human Rights Law Review 3 (2014) 29-60NOELLE HIGGINS, Maynooth University
Email: nfhiggins@gmail.com
DR. MOHAMED ELEWA BADAR, University of Northumbria - School of Law
Email: Mohamed.badar@northumbria.ac.uk Since its foundation in 1999 Boko Haram has carried out numerous acts of violence on the territory of Nigeria constituting gross violations of human rights. The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has been monitoring the violence between Boko Haram and Nigerian armed forces as part of a preliminary investigation. It has stated that the violence between Boko Haram and the armed forces has reached the level of a non-international armed conflict and that there is reason to believe that Boko Haram is responsible for war crimes and crimes against humanity. This article assesses certain types of behaviour of Boko Haram from an Islamic law perspective and examines whether Islamic law condemns or justifies such acts. Arguably, it would help the ICC in asserting the legitimacy of its judgments, if it was able to prove that such judgments are compatible with the legal and belief system recognised by the actors at trial. In turn it would enable the Court to deal with at least some of the criticisms aimed at it for being an imperialistic institution.

Catégories: Comparative Law News

CALL FOR PAPERS: 2015 Osgoode Forum - Sex, Drugs & Rock 'n Roll: Subversive Sites in the Law

ven, 01/16/2015 - 05:06
May 15 - 16, 2015, Toronto, OntarioDeadline for papers' submission: 31 January 2015
Change and stability, evolution and historical continuity, progress and constancy - these are conflicting demands that society and its members make of the law and legal institutions. Knowledge accumulates, past truths are shown to be false, and historical anomalies come to dominate the present. Heraclitus, the ancient Greek philosopher stated that "everything changes and nothing stands still". If change is the only constant, how have, do, and should law and legal institutions respond, resist, react, accommodate, accept, or suppress social change and the agents of change?
OVERVIEW: Sex, Drugs, and Rock 'n Roll is a credo associated with counter-culture, subversion, and resistance. Subversive sites of contestation exist not only because of constant change but also because of the failure of law to capture and accommodate individual realities, complexities, and varieties. There are many sites where individuals have reacted against dominant social views, perceptions, prescriptions, and propaganda. Some pursue activities, practices, and social arrangements which are illegal, disruptive, or unsanctioned - recent examples being Occupy Movements in light of the 2008 Financial Crisis; Hong Kong's Umbrella Revolution; Aboriginal blockades and Idle No More movements in Canada; homeless encampments; and polygamist communities. Such resistance has resulted in positive social change as well as socially sanctioned violence, persecution, and prosecution. Others suppress desires and needs, hide actions, or suffer in obscurity. The prevailing social approach, action, or reaction may create barriers, thereby excluding the rebels, disrupters, outcasts, abnormals, dissenters, immorals, and perverts from full participation in society.
TOPICS: The 2015 Osgoode Forum takes a wide, inclusive, view of Sex, Drugs, and Rock 'n Roll:- Sex includes: sex; gender; sex selection; sexual abuse; sexual harassment; sex and gender bias/equity, sexuality; gender; sexual practices; sexual orientation; sex trade; and reproductive rights.- Drugs include: illegal drugs; war on drugs; legalization, regulation, and decriminalization; religious or cultural uses; medicines; patenting; indigenous or traditional medicines; regulation of food and natural remedies; medical research funding; availability of life-saving drugs; and mandatory vaccinations.- Rock 'n Roll includes: Counter culture, subversion, and resistance; Performers, consumers, and property ownership; censorship; sponsorship; cultural appropriation; intellectual property rights - and many other sites that include, but are not limited to: territoriality; immigration; displacement; land claims; natural and economic resources; and social and ecological conservation.
If you would like to know how your paper fits into the conference topic, email a short description to glsa@osgoode.yorku.ca
As we celebrate the 125th anniversary of Osgoode Hall Law School, the 2015 Forum will focus on change and continuity in the law, and will examine how law is shaped by political, economic, and cultural forces. We invite participants to reflect on subversive sites in the law in the past, the present, and into the future though proposals for papers, presentations, panels, and other interventions (including art-based and performance contributions) from Master's and Doctoral students, artists, and activists.
Osgoode is committed to the promotion of interdisciplinary scholarship addressing the nature and function of law and legal institutions, and the impact of law in our changing world. We are eager to accept proposals from a range of disciplines intersecting with law, including: cultural studies, criminology, political science, health studies, gender studies, sociology, anthropology, history, psychology, and philosophy.
PAPER SUBMISSION PROCEDURE: Please submit your abstracts in English to glsa@osgoode.yorku.ca
Abstracts or proposals should be between 250-500 words in length, and should include:(i) your name,(ii) title of the paper,(iii) your organization or institution (if any), and(iv) a list of up to five keywords.
The abstract submission deadline is EXTENDED to the end of the day January 31, 2015.
Successful applicants will be notified by February 7, 2015.
Final papers (maximum of 15,000 words) OR Drafts (1,000-1,500 words) must be submitted by May 9, 2015, to allow for dissemination so that forum participants can engage with authors and provide authors with feedback and comments.

Information about the conference site, accommodations, conference fees, and programming will be provided before the abstract submission deadline at http://glsa.osgoode.yorku.ca
Catégories: Comparative Law News

LAUNCHES: Juris Diversitas Books/LLM in Jersey Law

mar, 01/13/2015 - 10:08

LAUNCHES: Juris Diversitas Books and LLM in Jersey Law
The Institute of Law Jersey (Law House, St Helier) will be hosting several launches on 22 January 2015.
The launches include the first two volumes of our series with Ashgate:

The editors of the former will briefly launch the book. The latter will receive special emphasis in Jersey’s mixed legal system. All of the editors will be present to discuss the subject. 
The launches are graciously hosted by the Institute’s Director (David Marrani) and Chairman (Senator Sir Philip Bailhache). Indeed, the Institute will also launch its first LLM, focusing on Jersey Law.
A reception will follow.
For details please contact the Institute manager@lawinstitute.ac.je.
Note, finally, that our third volume, also on mixed systems, has recently been published:
Catégories: Comparative Law News

CALL FOR PAPERS: The State and/of Comparative Law

lun, 01/12/2015 - 15:35
JURIS DIVERSITASANNUAL CONFERENCE  2-4 June 2015School of Law, University of LimerickLimerick, IrelandTHE STATE AND/OF COMPARATIVE LAW
[Note that the Irish Society of Comparative Law annual conferences will be held in Limerick immediately afterwards. Its theme is ‘Comparative Law: From Antiquity to Modernity’ and the same proposal may be submitted for both conferences. See here.]

While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.
As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….
Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions of three twenty-minute presentations will be used, we welcome more original session structures.
Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at moreteau@lsu.edu by 15 January 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.
Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).
Catégories: Comparative Law News

BOOK (Forthcoming): Husa's New Introduction to Comparative Law

mar, 01/06/2015 - 06:22
Coming later this year (July 2015):

A New Introduction to Comparative LawJaakko Husa
  This thought provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to advanced students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

"Professor Jaakko Husa is one of the very few people who is able to act as a reliable guide in the vigorous debates in comparative legal scholarship. In this volume he provides the legal scholar with a sensible and sensitive overview of the schools, themes, problems and challenges when 'doing' comparative law. He objectively examines the themes and problems in comparative law in a way that both elevates the scholarly debate and provides an illuminating introduction for beginners. We should be very grateful to him for that!"
Maurice Adams, Full Professor of Law at Tilburg University.

"Jaakko Husa's new book presents a major contribution to modern comparative law. It benefits from the author's profound knowledge in matters of comparative law, both in terms of the method of comparison and examples from many parts of the world. The book also has a strong didactic element: it is the best one on the market that explains core discussions to aspiring comparative lawyers. An important innovation is that it firmly puts the concept of legal culture to the centre of a comparative law textbook. It is to be applauded that this is done in a diplomatic way, not trying to impose a particular position but rather to convince the readers that the author's approach is a beneficial way forward. This book will certainly be well received by both students and scholars."
Mathias Siems, Professor of Commercial Law at Durham University.

"Jaakko Husa’s new book provides a delightful and fresh approach to the comparative study of law. Written by one of the world’s leading comparatists, Husa shows the way to how to do meaningful and stimulating comparative legal work. A must-read for any legal academic."
Jan Smits, Chair of European Private Law, Maastricht University
Catégories: Comparative Law News

CALL FOR APPLICATION: French speaking international legal expert trainer

lun, 01/05/2015 - 08:26
The Central African Regional Program for Justice (AJC), administered by the American Bar Association Rule of Law Initiative (ABA ROLI), is organizing a regional workshop in Bujumbura, Burundi entitled “Economic Development and Justice” on 26 and 27 January 2015. The workshop will focus on capacity building on legal mechanisms, Promotion of Investments, and Comparative Law on International Arbitration, as an alternative method of resolving commercial disputes.
In order to deliver this training, ABA ROLI is seeking the services of a French speaking, international legal expert trainer to develop introductory presentations and conduct training sessions for thirty participants and serve as the trainer/facilitator for this workshop. Click on the following links for Terms of Reference in English, and French that includes application instructions. The deadline for applications is 7 January 2015. Applications should be sent to Jean Lavoie (jean.lavoie@abaroli.org and jhlavoie@hotmail.com) Please also cc: Khalil.Ali@americanbar.org.
Catégories: Comparative Law News

CALL FOR PAPERS: IUAES Inter-Congress 2015

lun, 01/05/2015 - 08:14
IUAES (International Union of Anthropological and Ethological Sciences) has just published a call for papers for its annual conference in Bangkok.  You can find here the full text of the call. The deadline is on February 15th 2015.
Catégories: Comparative Law News