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Mis à jour : il y a 8 heures 37 min

Secured Credit in Europe. From Conflicts to Compatibility

mar, 05/22/2018 - 20:26
Secured Credit in Europe
From Conflicts to Compatibility
by Teemu JuutilainenThis monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice.
(Subjects: Banking and Financial Law, Commercial Law, Private International Law)

Catégories: Comparative Law News

THE LAW OF THE SOMALIS: A Stable Foundation for Economic Development in the Horn of Africa

dim, 04/15/2018 - 22:46

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)
Catégories: Comparative Law News

Mediterranean Contaminations

sam, 03/10/2018 - 14:52

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) 
Catégories: Comparative Law News

Race, Criminal Justice, and Migration Control

sam, 03/10/2018 - 14:50
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)
Catégories: Comparative Law News

Comparative International Law

sam, 03/10/2018 - 14:42
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)
Catégories: Comparative Law News

Formation and Third Party Beneficiaries

sam, 03/10/2018 - 14:13
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)

Catégories: Comparative Law News

Legalism: Property and Ownership

sam, 03/10/2018 - 14:06
Legalism: Property and OwnershipEdited by Georgy Kantor, Tom Lambert, and Hannah Skoda
  • 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)

Catégories: Comparative Law News

A Theory of Legitimate Expectations for Public Administration

sam, 03/10/2018 - 13:51
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)

Catégories: Comparative Law News

Competition Policy for the New Era Insights from the BRICS Countries

sam, 03/10/2018 - 13:44
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)
Catégories: Comparative Law News