Comparative International Law

Comparative International Law
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 641
Release: 2018
Genre: Law
ISBN: 0190697571

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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.

The Rule of Law in Comparative Perspective

The Rule of Law in Comparative Perspective
Author: Mortimer Sellers
Publisher: Springer Science & Business Media
Total Pages: 257
Release: 2010-07-23
Genre: Law
ISBN: 9048137497

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This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Japanese and European Private International Law in Comparative Perspective

Japanese and European Private International Law in Comparative Perspective
Author: Jürgen Basedow
Publisher: Mohr Siebeck
Total Pages: 468
Release: 2008
Genre: Law
ISBN: 9783161495472

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The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Human Rights from a Comparative and International Law Perspective

Human Rights from a Comparative and International Law Perspective
Author: Joan Church
Publisher: Unisa Press
Total Pages: 356
Release: 2007
Genre: Comparative law
ISBN: 1868883612

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In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.

Courts, Law, and Politics in Comparative Perspective

Courts, Law, and Politics in Comparative Perspective
Author: Herbert Jacob
Publisher: Yale University Press
Total Pages: 420
Release: 1996-01-01
Genre: Law
ISBN: 9780300063790

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This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Law and Legal Culture in Comparative Perspective

Law and Legal Culture in Comparative Perspective
Author: Günther Doeker-Mach
Publisher: Franz Steiner Verlag
Total Pages: 448
Release: 2004
Genre: Philosophy
ISBN: 9783515085601

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Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.

The Engagement of Domestic Courts with International Law

The Engagement of Domestic Courts with International Law
Author: Eleni Methymaki
Publisher: Oxford University Press
Total Pages: 465
Release: 2024-04-11
Genre: Law
ISBN: 0192679171

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The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.

The Engagement of Domestic Courts with International Law

The Engagement of Domestic Courts with International Law
Author: André Nollkaemper
Publisher: Oxford University Press
Total Pages: 465
Release: 2024-07-11
Genre: Law
ISBN: 0192864181

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The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.

Conflict of Laws: A Comparative Approach

Conflict of Laws: A Comparative Approach
Author: Cuniberti, Gilles
Publisher: Edward Elgar Publishing
Total Pages: 488
Release: 2022-02-18
Genre: Law
ISBN: 1839106530

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Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.