Comparative Law News

Twenty-First-Century Immigration to North America at MQUP

Juris Diversitas - Fri, 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
Categories: 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
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)


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

The UK after Brexit: Legal Policies and Challenges

Juris Diversitas - Wed, 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
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

(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

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Juris Diversitas - Tue, 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
Categories: Comparative Law News

Annual Meeting of the American Society of Comparative Law

Juris Diversitas - Tue, 04/11/2017 - 15:58
Announcement and Call for Panels
Annual Meeting of the American Society of Comparative LawComparative Law, Faith and Religion: The Role of Faith in Law
October 26-28, 2017American University Washington College of LawWashington D.C.
The American Society of Comparative Law and American University College of Law invite all interested scholars to consider submitting a panel proposal for the upcoming Annual Meeting of the American Society of Comparative Law that will be held between Thursday, October 26, and Saturday, October 28, 2017, at American University Washington College of Law, Washington D.C.  entitled Comparative law, Faith and Religion:  The Role of Faith in Law.
This conference was in large part inspired by the work of the late Patrick Glenn on legal traditions.  Professor Glenn bravely undertook to “compare the world” with his emphasis on legal “traditions” and by extending the scope of comparative law beyond what most comparative scholars are comfortable with.  Glenn looked beyond the civil and common law legal traditions to the Chthonic, the near eastern Jewish and Islamic legal traditions, and to the Confucian and Hindu traditions that challenge our basic assumptions about the rule of law.
The conference organizers have distinguished between faith and religion. The term “faith” is defined as having “complete trust and confidence”, while the term religion is traditionally used to include the doctrine and institutions.  Of course, it is possible to have faith in God or a religion but it is also possible to have faith in a secular text such as the U.S. Constitution or a civil code, and this faith may be of such fervor that it could be called a secular religion.
Examples of diverse topics that such a conference could address are:  (1) historical or modern day attitudes that result in having faith in a legal tradition or developing religious attitudes towards secular texts such as the U.S. constitution; (2) a comparison of secular faith with religious faith in a legal system, perhaps looking at the history and development of western democracies; (3) the role of Christianity in development of common and/or civil law traditions; (4) comparative approaches to legal ethics and the influence of religion on development and implementation of ethical rules for lawyers and judges; (5) Islamic visions of dispute settlement and the role of Islamic law in modern day commercial arbitration; (6) the role of Catholicism in development of family law in Latin America; (7) Laws of the nation’s secular authority as faithless law;  (8) the continuing influence of Hindu “law”; (9) whether there is such a thing as Buddhist law?; (10) the influence of the Talmud on modern western legal systems or (11) the challenge of teaching about religion in a law school setting; etc.  Interdisciplinary work is encouraged.
The Annual Meeting of the ASCL will have two time slots for concurrent panels on Friday, October 27, 2017. One of these time slots will include panels organized around a common theme, while the other time slot will include panels arranged by region that may include more than one theme on comparative law, faith, and religion. We will consider all panel proposals but for the regional panels we especially encourage submissions focused on Africa, Asia, the Caribbean, Latin America, the Middle East, and any other region or subregion that includes developing countries.
The Annual Meeting Committee of the American Society of Comparative Law will select the panels that will be held at the meeting in consultation with American University Washington College of Law. Panel proposals should include up to four speakers, a panel title, and a one-to-two-paragraph description of the ideas that the panel will explore. Panel proposals should be submitted via e-mail to Tra Pham at tpham@wcl.american.edu of American University Washington College of Law no later than June 1, 2017, and copied to Máximo Langer from the American Society of Comparative law at langer@law.ucla.edu.
Any questions about the panel proposals should be addressed to Máximo Langer and copied to Fernanda Nicola (fnicola@wcl.american.edu) and Padideh Alai (palai@wcl.american.edu)
Categories: Comparative Law News

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







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

International Workshop in Trento: UNIFORM CIVIL CODE IN INDIA

Juris Diversitas - Fri, 04/07/2017 - 16:05
THE DEBATE ON THE UNIFORM CIVIL CODE IN INDIA: NEW PERSPECTIVES ON CONSTITUTIONAL SECULARISM IN INDIA AND PERSONAL LAWS REGIMES IN ASIAInternational Workshop27 - 28 April 2017
The preamble to India’s 1950 Constitution declares it to be a secular state. Yet, religions play a highly visible role in the Indian public sphere. Furthermore, in spite of the constitutional mandate (“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”, art. 44), a regime of personal laws - based on religious or customary ground - is actually applied, mostly in matters of family law and group status. The political process is presently re-considering the adoption of a uniform civil code, and the question whether such a solution - long waited for - is more consistent with the principle of constitutional secularism and more respectful to religious pluralism needs to be critically addressed, in a context - like the Indian one - where the balance between constitutional secularism and a deeply religious and plural society has been firmly guaranteed by the Supreme Court.
The current debate in India offers the opportunity to reconsider general categories of constitutional law and comparative models in the light of other relevant [South]Asian experiences and trends, including also perspectives drawing on mainly Islamic contexts. The International Workshop at the Law School in Trento, sponsored by the Research Project on Jurisdiction and Pluralisms, has the purpose of contributing to a better understanding of the political and systemic dynamics of Asian constitutionalism and law as well as the potential for expansion of the rationale of legal pluralism in culturally plural contexts.
For full information click here
Categories: Comparative Law News

Annual Conference on Law and Food

Juris Diversitas - Thu, 04/06/2017 - 19:33
Though we already have a most exciting program, late submissions are still accepted until the end of April!
JURIS DIVERSITAS5th ANNUAL CONFERENCE
July 10-12, 2017
Lyon, France

In partnership withEM Lyon & Université Jean Moulin
Law & FoodLa cuisine juridique
Categories: Comparative Law News

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


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)


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)


"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


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)


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

(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

(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

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

(image source: OUP)
Oxford University Press announced the publication of a new issue of the American Journal of Legal History (vol. LVII, Issue 1).

Articles:

  • "Franklin Redivivus: The Radical Constitution, 1791-1799" (Adam Lebovitz)
  • "The Making of European Law: Exploring the Life and Work of Michel Gaudet" (Anne Boerger, Morten Rasmussen)
  • "In a Summary Way, with Expedition and at a Small Expence": Justices of the Peace and Small Debt Litigation in Late Colonial New York" (Sung Yup Kim)
Book Reviews:
  • "Wendell Bird, Press and Speech Under Assault: The Early Supreme Court Justices, the Sedition Acts of 1798, and the Campaign Against Dissent" (Terri D. Halperin)
  • Laura E. Free, Suffrage Reconstructed: Gender, Race, and Voting Rights in the Civil War Era (Ann D. Gordon (Emerita))
  • Susanna L. Blumenthal. Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture (Guyora Binder)
More information on the OUP website.
Categories: Comparative Law News

CONFERENCE: Société Internationale Fernand De Visscher pour l'Histoire des Droits de l'Antiquité (Bologna/Ravenna, 12-16 Sep 2017)

(image source: Wikimedia Commons)
The SIDHA has announced that its 71st session wil take place in the beautiful cities Bologna and Ravenna, from 12 to 16 September 2017.

More details on the conference website.
Categories: Comparative Law News

CALL FOR ABSTRACTS EXTENDED: European Forum of Young Legal Historians (Naples); 31 MAR 2017

(image source: AYLH)
The Call for Paper for the European Forum of Young Legal Historians in Naples has been extended to 31 March 2017.

More information on the AYLH's website.

(Source: Grama László)
Categories: Comparative Law News

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