Juris Diversitas

THE LAW OF THE SOMALIS: A Stable Foundation for Economic Development in the Horn of Africa by Michael van Notten, Edited by Spencer Heath MacCallum

Written by a trained and sympathetic observer, this book shows how Somali customary law differs fundamentally from most statutory law. Lawbreakers, instead of being punished, are simply required to compensate their victim. Because every Somali is insured by near kin against his or her liabilities under the law, a victim seldom fails to receive compensation. Somali law, being based on custom, has no need of legislation or legislators. It is therefore happily free of political influences. The author notes some specific areas that stand in need of change, but finds such change already implicit in further economic development.

Somali politics is based on consensus. The author explains how it works and shows why any attempt to establish democracy, which would divide the population into two classes-those who rule and those who are ruled-must inevitably produce chaos.

Viewed in global perspective, Somali law stands with the Latin and Medieval laws and the English common law against the statutory law that became prominent in Europe with the modern nation-state. This book explains many seeming anomalies about present-day Somalia and describes its prospects as well as the dangers facing it.
(Subjects: Somalia; customary law; legislation; criminal law; torts; delicts)

Mediterranean Contaminations

Author: Giuliano Mion (ed.)



The Medi­ter­ra­nean is a sea that has expe­ri­enced extra­or­di­nary contacts, conf­licts, enco­un­ters and exchanges through the centu­ries. This comple­xity is analysed in the present volume through the eyes of twelve scho­lars specia­lised in Middle Eastern and North African studies.
Arabic and Semitic lingu­istics and dialec­to­logy, Arab lite­ra­ture and popular music and culture are some of the broad range of subjects included in this volume which engages diffe­rent geogra­phical areas of the so-called Mare Nostrum and various histo­rical periods, from the medieval to the contem­porary era.
(Subjects: Arabic and Semitic lingu­istics and dialec­to­logy, Arab lite­ra­ture, popular music and culture) 

Race, Criminal Justice, and Migration Control. 
Enforcing the Boundaries of Belonging
Edited by Mary Bosworth, Alpa Parmar, and Yolanda Vazquez

• A collection of essays that considers how societal practices, laws, and criminal justice institutions delineate who belongs and who does not, and how these factors affect racial minorities across the world, in strikingly uneven ways
• Brings race to the centre of its analysis in order to reveal how migration and its control is inherently racialized
• Demonstrates how the architecture of legislation, the process of criminal justice, and the institutions of criminal justice and border control conspire and coalesce to grant some people citizenship, while denying it to others
• Essential reading for lawyers, criminologists, criminal justice practitioners, migration scholars, and sociologists, as well as general readers approaching the topic for the first time

(Subjects: criminal law; minorities; borders; criminology; sociology; migrations; immigration)

Comparative International Law
Edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg

• Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations
Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions
Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas
Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives
(Subjects: international law; comparative law)

Formation and Third Party Beneficiaries
Edited by Mindy Chen-Wishart, Alexander Loke, and Stefan Vogenauer
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
(Subjects: Comparative Law; contract law)

Legalism: Property and OwnershipEdited by Georgy Kantor, Tom Lambert, and Hannah Skoda
Legalism

• Brings together anthropologists and historians to examine how property and ownership operate and are understood across broad historical and geographical contexts
• Offers a truly cross-cultural perspective, and makes specialist case studies visible and accessible to non-specialists
• Partakes in a larger intellectual debate developed across disciplines - from anthropology to history to legal theory
• (Subjects: comparative law; anthropology; history; property; ownership)

A Theory of Legitimate Expectations for Public Administration

Author: Alexander Brown

• Presents a new theory of legitimate expectation for public administration, arguing that agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations.
Draws on normative legal and political theory to evaluate the ethics of legal doctrine and whether this is primarily an issue of fairness, security, trust in government, or something else.
Compares and contrasts examples drawn from the UK, Ireland, Europe, Australia, New Zealand, and South Africa.

(Subject: Public Administration)

Competition Policy for the New Era. Insights from the BRICS CountriesEdited by Tembinkosi Bonakele, Eleanor Fox, and Liberty Mncube

• Written by well-known academic and practising economists and lawyers from both developed and developing countries. Focuses on a broader view of competition policy in BRICS and developing countries, including concepts such as efficiency and consumer welfare, issues of distribution, equity, and fairness. Each chapter is organized around a central argument made by its author(s) in relation to issue or case study, making every contribution a valuable freestanding contribution to the literature. Provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context through the use of insightful case studies. (Subjects: Competition Law; Comparative Competition Law)

Principles of International Environmental Law4th edition
This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.Read moreReviews & endorsementsAdvance praise: 'Principles of International Environmental Law remains the definitive treatise on this vitally important area of international law. The international community faces unprecedented environmental challenges and this work provides a comprehensive assessment of the capacity of environmental norms and institutions to address these threats. The work is an essential reference for anyone interested in the role of international law in preserving a safe operating space for humanity and the environmental systems we depend on in the Anthropocene.' Tim Stephens, University of Sydney Law School
Read more at http://www.cambridge.org/ca/academic/subjects/law/environmental-law/principles-international-environmental-law-4th-edition#AjckbW1j2MPJODBw.99This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.Read moreReviews & endorsementsAdvance praise: 'Principles of International Environmental Law remains the definitive treatise on this vitally important area of international law. The international community faces unprecedented environmental challenges and this work provides a comprehensive assessment of the capacity of environmental norms and institutions to address these threats. The work is an essential reference for anyone interested in the role of international law in preserving a safe operating space for humanity and the environmental systems we depend on in the Anthropocene.' Tim Stephens, University of Sydney Law School
Read more at http://www.cambridge.org/ca/academic/subjects/law/environmental-law/principles-international-environmental-law-4th-edition#AjckbW1j2MPJODBw.99This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

• The leading textbook in an area of growing importance and complexity, Principles of International Environmental Law is an essential guide for students and practitioners of international environmental law
• Contains a new chapter on climate change addressing the significant developments in the field, including the Paris Climate Agreement
• Presents critical commentary on some of the world's most pressing and growing problems including climate change, biodiversity and regulating pollution and waste
• Looks at the contribution made by different groups - governments, courts and non-state actors - for a full understanding of the protagonists involved

Read more at http://www.cambridge.org/ca/academic/subjects/law/environmental-law/principles-international-environmental-law-4th-edition#ev5YCtYatZyF1Rzw.99Authors: Philippe Sands, University College London; Jacqueline Peel, University of Melbourne
This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

• The leading textbook in an area of growing importance and complexity, Principles of International Environmental Law is an essential guide for students and practitioners of international environmental law
• Contains a new chapter on climate change addressing the significant developments in the field, including the Paris Climate Agreement
• Presents critical commentary on some of the world's most pressing and growing problems including climate change, biodiversity and regulating pollution and waste
• Looks at the contribution made by different groups - governments, courts and non-state actors - for a full understanding of the protagonists involved

Read more at http://www.cambridge.org/ca/academic/subjects/law/environmental-law/principles-international-environmental-law-4th-edition#ev5YCtYatZyF1Rzw.99This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law. (Subject: Environmental Law)

CALL FOR PAPERS
21st International Roundtables for the Semiotics of Law & 15th Conference on LegalTranslation and Interpreting and Comparative Legilinguistics (Legal Linguistics)
GENOCIDE AND LAW – COMMUNICATING THROUGHVISUAL ARTS AND LANGUAGE
Conference venue: 26th to 28th June (Friday-Sunday) 2020Poznan, Poland
Conference website: www.lingualegis.amu.edu.plLanguages: Polish, English, French, Spanish, Russian and German
Click here to download call for paper

The Constitution of India
A Contextual Analysis
By Arun K. Thiruvengadam
This book provides an overview of the Indian Constitution by situating it within its broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine substantive chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of its existence as an independent nation. Starting with a focus on the pre-history of the constitution and its making, the book moves onto an examination of the structural features and actual operation of principal governance institutions, including the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created since the 1990s. A considerable focus of the book is on provisions relating to rights and issues of multiculturalism. The final chapter deals with the important issue of constitutional change in India. The book employs a narrative form to describe the twists, turns, and challenges confronted across nearly seven decades of the operation of the constitution. It departs from conventional Indian constitutional scholarship by placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). The focus, instead, is on highlighting the political bargains and extra-legal developments that have influenced constitutional evolution. Written for a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India, the book's unconventional approach to some standard issues will stimulate the more seasoned student of constitutional law and politics. (Series: Constitutional Systems of the World) [Subject: Constitutional & Administrative Law, South Asian Law, Comparative Law]

Cross-border Transfer and Collateralisation of Receivables
A Comparative Analysis of Multiple Legal SystemsBy Woo-jung JonContributions by: Louise Gullifer, Joshua Getzler, Sang-Hyun SongLegal systems around the world vary widely in terms of how they deal with the assignment of, and security interests in, receivables. The aim of this book is to help international financiers and practicing lawyers in relevant markets in their practice of international receivables financing. Substantively, this book analyzes three types of receivables financing transactions: outright assignment (transfer), security assignment, and security interests. This book covers comprehensive comparison and analysis of the laws on the assignment of, and security interests in, receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman-Germanic jurisdictions, and French-Napoleonic jurisdictions, as well as relevant EU Directives. To be more specific, this book compares and analyzes the relevant legal systems of the US, Canada, New Zealand, Australia, Korea, Japan, France, Belgium, England, Hong Kong, Singapore, China, Germany, Austria, the Netherlands, and the EU Directive on financial collateral arrangements. Furthermore, in order to analyze those legal systems from the international perspective, this book compares relevant international conventions. In addition, this book proposes to establish an international registration system for the assignment of, and security interests in, receivables. Revised Dissertation. [Subject: Banking & Finance Law, Contract Law, Tort Law, Comparative Law, Asian Law]

Revolution and Evolution in Private Law
Edited by: Sarah Worthington, Andrew Robertson, Graham VirgoThe development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution-death of the dinosaurs or development of flight-would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of the common law. The authors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment, and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future. [Subject: Private Law, Contract Law, Tort Law, Equity & Trusts, Comparative Law, Property Law, Common Law]

The Constitution of Pakistan
A Contextual Analysis
By Sadaf Aziz This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralization and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types. The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests-economic, political and cultural-through which some of this power is sought to be dispersed. Chapters on Rights, Federalism, and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled. (Series: Constitutional Systems of the World) [Subject: Pakistani Law, Constitutional Law, Comparative Law, Human Rights Law]

Though the Call for Papers for the Juris Diversitas 2018 Conference on Law, Roots and Space yields promising submissions, prospective participants regret that they face a dilemma, due to a number of worldwide comparative law events organized on several continents in a very active 2018 conference season. Limited resources force many of our members to choose participating in the World Congress of the International Academy of Comparative Law (July 22-28, Fukuoka, Japan), in Juris Diversitas (June 25-27, Potchefstroom, South Africa), or in the World Congress of the International Association of Constitutional Law (June 18-22, Seoul, Korea).
The Executive Committee of Juris Diversitas therefore resolved to postpone the 2018 Conference, moving it to April 15-17, 2019, in Potchefstroom, South Africa. Existing submissions will be reviewed, there shall be an extended call for papers, and participants will be invited, though not compelled, to communicate papers ahead of time, which may allow for the organization of a more dynamic event.
The Executive Committee also decided to move forward with the plan to organize biennial rather than annual large-scale events. This means that forthcoming large-scale conferences will be organized in odd years, leaving room for smaller more thematic events during even years. This will free time and energy for a better diffusion of our work, thereby enhancing collective publications under the Juris Diversitas name.  Our members are encouraged to come up with proposals and ideas, whether event or publication related, or both. Smaller theme events will be regarded a success if truly transdisciplinary, with a significant proportion of participants from outside the legal community.

The Executive Committee hopes that the biennial pattern will keep attracting comparative law scholars thinking out of the box and further the dialogue with a growing number of scholars from other disciplines, whether in hard sciences or humanities. 
For the Executive Committee,Olivier MoréteauPresident of Juris Diversitas

Religious Marriages in the Mediterranean
Venue and date: Mediterranean Institute, University of Malta, 20-21 March 2018 Within Mediterranean settings, religious marriage has functioned for centuries, together with conversion, as a means both of formal social incorporation and of exclusion of outsiders in relation to religiously-defined officially-recognised ethnic communities. Such an approach was an integral part of the Ottoman constitution; aspects of the millet system continue to have some posthumous existence in states like Lebanon and Cyprus. Over the last century or so, the development of secular or ‘quasi-secular’ nation-states throughout the region has generally meant the replacement of religious by civil marriage within state legal systems. Whether this has occurred via silent absorption or principled exclusion of religious unions, or even by the creation of dualist systems giving civil marriage pride of place, the juridical implications have been profound and range from the complete legal marginalisation of previously dominant religious traditions to the creation of ‘protected zones’ within secular jurisdictions within which religious law can operate. Everywhere religious courts have been
side-lined and have either been completely eliminated from the formal state’s radar, or compelled to accept a subordinate position within the state judicial hierarchy. At the same time, formally secular forms of marriage with religious conceptual roots have had to serve as important gate-keepers in granting or withholding access to citizenship and legal residence in states like Greece, Malta or Spain, which have been at the forefront of Mediterranean migrant flows.

More recently unregistered religious marriages have gone through a revival, proving also to be a useful vehicle for addressing mismatches between state legislation and the matrimonial strategies of couples. Thus the Mediterranean, a point of both intersection and mixing where ideas about the ‘West’ and its ‘other’, are re-produced and transformed, has witnessed how these transitions resulted in either a tense relationship between marriages regulated by formal, state laws and religious marriages celebrated according to informal, religious norms, or on the other end of the spectrum, civil marriages and (certain) religious marriages living harmoniously side-by-side and at times also being considered synonymous.

This multidisciplinary conference seeks to bring together researchers who have engaged in research on religious marriages in the Mediterranean. Papers may focus on, but are not limited to, one or more of the following themes:
1. Exploring the legal and social interaction between religious and civil marriages in the Mediterranean, whether contemporary or historical perspective (colonial and postcolonial).
2. Investigating the non-apparent connections between different religions within and without marriage legislation (Sunni, Shia, Catholic, Orthodox, Coptic, Jewish, Hindu…), including papers on mixed marriages.
3. How human/civil rights discourses blend and/or conflict with other forms of theological, moral and/or customary discourses on religious marriages.
4. Diverse ways of concluding and/or celebrating religious marriages in the Mediterranean.
5. Problematization and politicization of religious marriages in the Mediterranean.

Organizers:
Ibtisam Sadegh (University of Amsterdam)
David Zammit (University of Malta)
Susan Hirsch (George Mason University)

Papers (7,000-8,000 words), will be considered for publication in a special issue of the international, peer-reviewed Journal of Mediterranean Studies (ISSN: 1016-3476), published by the Mediterranean Institute, University of Malta and available electronically through Project Muse.

Upon request, limited travel and accommodation funds (two nights) may be available for short-listed candidates who cannot apply for funding from their own universities. Please submit your request for funding with your paper proposal.

Key note speaker:
Annelies Moors, Professor of Anthropology, University of Amsterdam

Deadline for abstract submission: 31 January 2018
Abstracts of 200-300 words are to be submitted via e-mail: i.sadegh@uva.nl with ‘abstract’
and your last name in the subject heading.

Timeline:
31 January 2018: Deadline for abstract submission
10 February 2018: Notification of acceptance
1 March 2018: Deadline for complete draft of paper between 5000 – 8000 words or a PowerPoint presentation.
20-21 March 2018: Conference hosted by the Mediterranean Institute
1 April 2018: Select participants will be invited to submit papers for consideration for publication in 2018 in the Journal of Mediterranean Studies

This two-day conference is organized by the University of Malta through the Department of Civil Law and the Mediterranean Institute research group on Belief, Identity and Exchange in conjunction with the ERC-funded research project on ‘Problematizing “Muslim Marriages”: Ambiguities and Contestations’ hosted by the University of Amsterdam.

See http://religionresearch.org/musmar2014/