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The Contract is the core tool of governance in a free market economy. An EU Contract law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the European Commission proposed three major options: to enhance the existing EC Contract law by eliminating inconsistencies; to introduce a European Code which substitutes national laws; and to introduce a European Code which only supplements national laws. This book achieves three things: for the first time, European academia is discussing these three options in an extensive and systematic way - with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists - from those who drafted the models to those who illustrated the potential of decentralised rulemaking and invented the very idea of an Optional Code. And it is the first book in which the Optional Code, which is the alternative most likely to come, is thoroughly analysed at all. The book also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract law and a European Code. It is the'Academic Green Paper on European Contract law'.

The Canadian Council on International Law was founded in 1972, with the aim of encouraging the study and analysis of international law issues in Canada. One of the Council's main activities is the organization of an annual conference dealing with contemporary subjects in international law. This book marks the 25th anniversary of the council by bringing together 25 papers on international law, carefully selected from the proceedings of the annual conferences in the years since its foundation. The collection provides an overview of the issues considered by the Council in its first 25 years and highlights the significant contribution of Canadian experts to, and Canada's particular concerns in, the field of international law. The essay represent the work of leading international lawyers on issues concerning the theory and practice of public international law, including environmental law, human rights, the law relating to the use of force and the issue of State succession.

The agenda of the 11th CEE Forum Conference in Bratislava, Slovakia, held on 25-26 April 2019 was focused on the reassessment of the Central and Eastern European position in Europe and in the world, seeking for the specificities of this region, being often perceived as a double periphery – of the West and of the East. Since thirty years have passed since the disintegration of the bipolar world, the time has come for a critical reconsideration of the earlier scholarly findings or commonplaces and the formulation of more nuanced and refined conclusions. The selection of papers offered by the organizers in this volume provides an up-to-date view of the CEE region and issues and problems shared by the CEE countries

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including'codification of private law in post-soviet times','criminal law codification beyond the nation state'and'soft codification of private law'. In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law.This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia.This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

The 2008 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2008 Fordham Law School Conference on International Arbitration and Mediation.The 24 papers are organized into the following six parts:Part I: Investor-State ArbitrationPart II: Recent Significant Domestic Judicial Decisions Involving or Potentially Involving International ArbitrationPart III: Class Actions and Consolidation in International ArbitrationPart IV: Intellectual Property and Information Technology Issues in International ArbitrationPart V: Mediation: Issues, Solutions, and Expanding Applications

The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation.The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation

Seit der Verabschiedung des Vertrags von Amsterdam im Jahre 1997 hat die Europäische Union eine Vielzahl von Verordnungen auf dem Gebiet des Internationalen Privat- und Verfahrensrechts erlassen. Die daraus resultierenden Probleme der konsistenten Auslegung und wechselseitigen Abstimmung dieser Instrumente waren Gegenstand einer Konferenz, die im Oktober 2014 in Freiburg i.Br. stattfand. Die dort gehaltenen Referate sind in dem vorliegenden Band versammelt. Sie arbeiten Wertungswidersprüche zwischen den verschiedenen Rechtsakten heraus, beleuchten die Rahmenbedingungen für eine kohärentere Regelung und zeigen Perspektiven für eine mögliche Kodifikation des europäischen Internationalen Privat- und Verfahrensrechts auf. Zudem enthält der Band englische Zusammenfassungen der gehaltenen Referate sowie ausführliche Diskussionsberichte.

This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty.With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

This book is a compilation of papers written by research assistants, PhD students, and senior researchers working on the EVICT project, a European Research Council (ERC) Starting Grant project. The papers in this book enrich our conceptual understanding of the right to adequate housing by expanding on the typology of access rights, occupancy rights, and exit rights to housing. The authors traverse a diverse array of topics, shedding light on pressing issues such as housing shortages, challenges faced by students and minority groups in search of a home, the intricate link between domestic violence and homelessness, the dynamics of the black housing market, the criminalisation of homelessness, evictions, and the relationship between the right to housing and other human rights, such as the right to privacy and the right to property. The papers focus on a broad range of jurisdictions, such as France, Romania, Sweden, Turkey, the Netherlands, Bulgaria, Spain, the United States, and Azerbaijan. Navigating the Right to Housing is the fifth volume in a series that aims to examine the various aspects of housing law from different academic and professional perspectives.

Ten specialists in the fields of tax law and public finance from Japan, the Netherlands, China, South Korea, Taiwan, Indonesia, and Vietnam recently gathered in Leiden, the Netherlands to present papers and give lectures on tax law in those countries for the symposium `Tax Law in East and Southeast Asia Towards the 21st Century.'The meeting fostered the exchange of information on recent reforms of tax systems, with participants examining both differences and similarities and discussing further planned or necessary reforms for each country in East and Southeast Asia on the threshold of the 21st century. The papers collected in this volume were originally prepared for the conference. After the conference, contributors revised their papers on the basis of the discussions conducted. Giving due consideration to the comparison of tax systems in these areas, these revised papers emphasise themes such as tax structure, especially that of direct and indirect taxes; intergovernmental fiscal relationships; and recent reforms to and problems of tax systems. The result: an extremely useful and informative work which covers ground rarely covered before. Legal and other tax practitioners as well as academics will find this volume of great value.

This volume collects papers resulting from a joint project between Ludwig Maximilian University Munich and Renmin University of China on “Paradigms of Internet Regulation in the European Union and China”. Based on a thorough analysis of certain regulatory instruments in their constitutional and political context, the volume aims at unfolding the full spectrum of options for configuring the law of the internet. For this purpose, the papers look at internet regulation in the EU and China from various perspectives. Some provide comparative case studies on topics such as freedom of speech on the internet or the regulation of internet services; others describe legal achievements and developments, for example the draft European Digital Charter. A third category of papers aims at analyzing the development of internet regulation from a more global perspective, proposing potential research paradigms. With contributions by Prof. Dr. Chen Xuan; Prof. Dr. Ding Xiaodong, LL.M. (Yale); AkadR a.Z. Dr. Christoph Krönke; Michael W. Müller, LL.M. (Cambridge); Dr. Walther Michl, LL.M. (King's College); Dr. Laura Münkler; Tian Wei; Daniel Wolff; Prof. Dr. Xiong Bingwan, LL.M. (Harvard); Assoc. Prof. Dr. Yu Wenguang.

This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

This publication provides an unparalleled comparative analysis of two'hot topics'in the field of antitrust and unfair competition laws with regard to a number of key countries.The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations.The second part of the book gathers contributions from various jurisdictions on the unfair competition question of whether a company could or should be protected against the use of their trademark, distinctive signs and other components of their image and identity on the part of non-competing companies. The papers focus on the fundamental issue of the competitive relationship as a condition of protection under unfair competition acts and the connection to intellectual property protection. The comprehensive and insightful international report, prepared by Martine Karsenty-Ricard, brings together these reflections by comparing various national positions.The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The International League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

The essays and commentaries in this collection were presented at a Con­ ference on Problems of International Law in the Western Hemisphere, the Second Conference on Problems of Regional International Law under the joint sponsorship of the American Society of International Law and the Graduate Faculty of the New School for Social Research, April 2 & 3, 1971. Contributors have been given the opportunity to revise their papers since their original presentation. The editors acknowledge with gratitude the important contributions made by the Chairmen of the respective panels, namely, Professor Louis Henkin of Columbia Law School (Water Resources Panel), Professor Richard B. Lillich of the University of Virginia Law School (panel on Intervention) and Dr. Egon Schwelb of the United Nations (Human Rights Panel). The assistance of the Graduate Faculty of the New School for Social Research in the organization of the conference and that of the New York University Center for International Studies in the editing of these papers have been indispensable. We wish to make particular mention of the unstinting secretarial support of Ms. Donna Welensky and Ms. Judith Chazen. Certain problems would have been insuperable without the critical (in all senses) aid provided by Lyn Rodley.. The descriptions of contributors are those that obtained at the time of the conference. Since then, Professors Rovine and Rodley have moved to new pastures, the former to the Department of State's Office of the Legal Adviser, the latter to Amnesty International, while Dr.

The Editors would like to thank the authors of the papers at the Advanced Research Workshops for their excellent presentations at the workshops and the production of their drafts. We are indebted to those who helped in the preparation of this volume. We should particularly like to acknowledge the help of Piers Millett, who compiled the papers, set them into camera-ready format and produced the index and Dr. Simon Whitby who made the final changes to the manuscript. Any remaining errors are, of course, our responsibility. Malcolm R. Dando Cyril Klement Marian Negut Graham S. Pearson IX ACHIEVING SECURITY BENEFITS FROM TECHNICAL COOPERATION UNDER THE BIOLOGICAL AND TOXIN WEAPONS CONVENTION GRAHAM S. PEARSON Visiting Professor of International Security, Department of Peace Studies, University of Bradford, Bradford, West Yorkshire BD7 IDP, UK 1. Background l The Biological and Toxin Weapons Convention which opened for signature in 1972 2 and entered into force in 1975 currently has 144 States Parties and 18 Signatory States Article I of the Convention is all-embracing in its complete prohibition of biological weapons stating that: Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain: (1) Microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; (2) Weapons, equipment or means of delivery designed to use such

The book highlights several aspects with'Chinese characteristics'that set the country's financial system apart. One key element is the significant influence of the Communist Party of China (CPC) on the financial markets. The Party plays a crucial role in shaping and driving policies within the financial sector, reflecting a distinct interplay between politics and finance. Additionally, the book emphasizes the involvement of various authorities within the government, the court system, and the intricate relationship between the courts and the governments in influencing the dynamics of the financial markets. These factors collectively contribute to a distinctive environment that cannot be fully understood through conventional theoretical frameworks. The major analytical points of the book revolve around the intricate triangular relationships among China's politics, financial market rules, and the financial markets themselves. The authors argue that relying solely on any existing school of thoughts is insufficient for comprehending the complexities of China's financial landscape. Instead, the book explores the multifaceted connections between politics, courts, and the financial markets. It delves into how political forces drive the formulation, development, and enforcement of financial market rules, including the roles played by various government bodies and the legal system. Unlike a focus on regulations and rules merely'on paper,'the book takes a grounded approach by investigating China's financial markets rules in practical terms. By doing so, it seeks to discover the underlying logic behind the unique features of China's financial system, providing a nuanced understanding of the interactions between political forces, legal frameworks, and the financial markets in the Chinese context.

This book presents a comprehensive review of the Chinese and European responses to the abuse of market dominance, with a focus on the impact of antitrust institutional dynamics on enforcement decisions.It uses the methods of functional comparison and case analysis to investigate how theories of harm relating to specific types of abuse differ within and across competition law regimes due to institutional dynamics. The Chinese and EU competition law regimes serve as excellent examples for this investigation because they have similar substantive laws on paper but vastly different institutional settings. The book examines—first individually and then comparatively—how the distinct institutional dynamics in the Chinese and EU regimes shape the development of theories of harm.This volume will appeal to competition law scholars, students, and practitioners seeking a more nuanced understanding of how competition law works in the EU and China. It will also interest scholars trying to approach the Chinese legal system from an engaging rather than alienating standpoint.

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations'climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. Thisbook is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

This volume contains the scientific papers presented at the 3rd Conference on Comparative and International Law that was held on 23 June 2023 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://comparativelawconference.eu. The scientific studies included in this volume are grouped into three chapters: The Season of Changes for International and European Law, The Limitlessness of Comparative Law and Practical Realities in Our Focus. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.

This volume contains papers presented at the conference'The Role of the Judiciary in the Protection of Human Rights', held in Cairo, December 1996 under the auspices of the Supreme Constitutional Court of Egypt and the British Council.

This book is the first volume of a series designed to discuss problems of transnational civil procedure. This first volume on current topics of international litigation is the result of an international symposium in Nagoya, Japan. The contributions discuss problems of provisional measures, international class actions, taking evidence abroad, and preclusive effects of foreign judgments. This first symposium in Nagoya, Japan, is a part of the international research project'Establishing a New Framework for Realizing Effective Transnational Business Litigation'which is sponsored by the Japanese Society for the Promotion of Science and organized by the University of Nagoya, Japan, in cooperation with the University of Freiburg, Germany. The contributions of this volume analyze the laws of England, Germany, Italy, Hungary, Finland, Japan and the United States in areas of special significance for international business litigation. Each chapter of the book contains not only the papers but also the discussions and comments of distinguished participants of the symposium from all over the world.

This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students.It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child's best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.

This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the'stranger'in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

Did you know that once a week an adopted child is advertised to be given away on Internet? The book “Unregulated Custody Transfer of Adopted Children'is a thought-provoking and an eye-opening book that uncovers the gray zone of adoption. The book talks about the often-overlooked issue of the terrifying reality of national and international adoption. Through legal analysis and accompanying story this book sheds light on the heart-wrenching reality of children who have been rehomed. It delves into the lives of adoptive families who find themselves overwhelmed and unable to care for their adopted children, leading to a black market of custody transfer where vulnerable children are given away with one click and with just one piece of paper to strangers. This book is a must-read for as it highlights the urgent need for increased regulation and oversight to protect the well-being of children in need of safe and loving homes. Particular attention is given to the international adoption and the countries such as Russia and Ukraine. The author has played close attention to the laws and regulations in the above mentioned countries by first hand translation and research, in order to give a deeper insights into the heartbreaking reality of unregulated custody transfer of adopted children. The book provides helpful insights for lawmakers, legal practitioners, scholars, child care professionals, international law scholars and students interested in human rights law, adoption law, and child protection.

Private international law of intellectual property is high on the agenda of European and international policymakers alike. Early in 2003, the European Commission initiated a consultation process on the Rome Convention of 1980. Some months later a proposal was presented for a'Regulation on the law applicable to non-contractual obligations'('Rome II') that contains rules on intellectual property. The American Law Institute (ALI) is also hosting a project on the same topic, and a Preliminary Draft N°2 was presented at the beginning of 2004. This volume contains papers from representatives of both institutions and background information regarding the projects. The rules and underlying policies are analyzed in detail by international academics and practitioners. The annex contains the'Rome II'proposal and the Draft N°2 of the ALI project, with parts of both proposals that are being published for the first time.

The German Association of Comparative Law presents in this volume the German contributions to the 21st International Congress of Comparative Law 2022 in Asunción (Paraguay) organised by the International Academy of Comparative Law. One main topic of the congress is the digitalization and its legal, social and economic consequences, including the phenomenon of hate speech, smart contracts, streaming and artificial intelligence accountability of public administration. A further set of papers refers to climate change and bioethics. Several contributions deal with classical topics of comparative law from a more contemporary perspective, such as access to justice, emergency law, force majeure, and the rule of law. The volume provides an overview of the state of discussions within German legal scholarship.

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN.Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region's global impact, this book is of interest to Asia watchers, academics and policymakers alike.

This is the second volume in the series The Melbourne Studies in Comparative & International Law. It contains the revised and updated versions of papers presented at the conference Trade & Cooperation with the European Union in the New Millennium, held at The University of Melbourne from 14-15 December 2000. The collection, by leading international scholars and expert practitioners, explores the current and future challenges which the European Union presents to Australia and Australasia, and addresses broader issues of globalisation of markets and harmonisation of international trade law.

The recurrent tremendous corporate scandals on the Chinese capital market indicate the poor internal supervision performed by the supervisory board. It raises the question whether and to what extent the supervisory board of Chinese listed corporations is equipped with necessary information to exercise its supervisory function under the current regulatory framework. To answer this question, this paper deals with the information system of the supervisory board on the basis of a comparative study with German stock corporation law. As result, the supervisory board of Chinese listed corporations in fact cannot obtain sufficient information to exercise its supervisory function due to the extensive malfunction of the current information system.

The book is the result of a recent but intensive cooperation between the faculties of law of the universities of Ljubljana and Johannesburg. As is often the case in life, the starting point of this project was a friendship. A friendship between two law professors who, at the same point in time, became deans of their respective law schools – Prof Letlhokwa Mpedi (now Deputy Vice-Chancellor: Academic (UJ)) in Johannesburg and Prof Grega Strban in Ljubljana. They decided to connect their institutions in a formal way by establishing a cooperation that would outlive their mandates as deans and provide a professional platform for legal scholars of both universities to get first-hand insight into a very different legal system, thus widening their legal horizons and inspiring a different view and new solutions for their own national law. This noble endeavour has so far been a great success. What might have seemed an unlikely alliance proved to be an extremely valuable and inspiring experience both on a professional and personal level. The idea of this book was born after a joint conference held in Johannesburg in 2019. Here, experts from both institutions presented current relevant issues in different legal areas and discussed how both countries dealt with them. After insightful debates, it was decided that they should, on the one hand, be written down, and, on the other hand, that the written texts should not only reflect those debates but should broaden and deepen the research. It should not merely be a collection of conference papers, but a true scientific monograph, destined to legal scholars and practitioners, researching, teaching and practicing in national and international environments. Jerca Kramberger Škerl, Associate Professor, Faculty of Law, University of Ljubljana Elmarie Susan Fourie, Associate Professor, Faculty of Law, University of Johannesburg

Now that a consistent system of regional minority protection has been established through the FCNM and the case law of the ECtHR, the question arises as to its effectiveness, to what extent the standard of the ECtHR corresponds to the level of the minority-specific draft of an additional protocol to the ECHR and whether there is still a need for such an additional protocol today. Therefore, this work is based on an articlecentred approach, which focuses on developments and critically examines individual judgments. A comparison of the draft additional protocol and the ECHR / FCNM serves to identify possible gaps in protection. The paper concludes with a statement on the feasibility of an additional protocol.

This volume contains the scientific papers presented at the Conference on Comparative and International Law that was held on 25 June 2021 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawco.

The states of Central and Eastern Europe have, to different extents and with varying levels of success, engaged in the transition from authoritarian rule. The (re-) construction of democratic, law-based governance has turned out to be a lengthy and - at times - frustrating process. The agenda for post-communist reform contains many entries, yet a transition-blue-print is not available. The papers collected in this volume explore the implications of the transition process in various areas. While not all aspects of post-communist law are covered, several crucial issues receive an in-depth treatment. These are: the development of (supra-) governmental systems, the procuracy, minority rights, contract law, land ownership and industrial property rights. Displaying remarkable scholarly as well as practical legal expertise, the various contributors to this volume illustrate the problems in, and the potential of, these policy areas.

This, the first volume in the new series Melbourne Studies in Comparative and International Law, contains the revised and updated versions of papers presented to the Asia-Pacific Regional Conference, held at The University of Melbourne, to commemorate the centenary of the 1899 Hague Peace Conference and the 50th anniversary of the 1949 Geneva Conventions. Within the context of the Asia-Pacific region, the collection, by a wealth of international scholars and expert practitioners, explores the major issues addressed at the Conference in 1899, including the peaceful settlement of disputes, international humanitarian law, and arms control and disarmament.

This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

In Climate Change Law in China in Global Context, seven climate change law scholars explain how the country's legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change.There has been little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country's international obligations on mitigation. The authors are not only interested in China's laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China's current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change.This comprehensive and critical account of the Chinese legal system's response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law.

This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani's teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

The papers in this volume address the provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and the state of the negotiations as of the summer of 2000. They were presented at the symposium'A Global Law of Jurisdiction and Judgments: Lessons from The Hague', held in July 2000 at the Centre Panthéon (University of Paris I Law Faculty) as a part of the Cornell-Paris I Summer Institute of International and Comparative Law. Part I focuses on the jurisdiction provisions of the 1999 Draft Convention. For the most part, the papers in Part I1 look to the future, though they also deal briefly with the judgments provisions of the 1999 Draft. One paper takes up changes in European Union law that will significantly affect future negotiations concerning the Draft Convention. The other two offer analyses of the major hurdles blocking the way to a successful convention and proposals for vaulting those hurdles. At the beginning of each of the two Parts a brief commentary on the papers presented in each Part is also included. This volume provides critical analyses of the Draft Convention and should appeal to any private international lawyer.

This volume is the first of a new series edited by The International Bureau of the Permanent Court of Arbitration (PCA) - The PCA/Peace Palace Papers - which contains the papers emanating from the semi-annual seminars organized by the PCA in the Peace Palace. Each seminar focuses on a topical issue of international law. The first seminar was held on December 9, 1999 and dealt with'Institutional and Procedural Aspects of Mass Claims Settlement Systems'. Four speakers from Europe and the United States, recognized experts in their field, shared their practical experience with the respective systems dealing with mass claims. This volume contains: • An overview by Judge Howard Holtzmann • The papers presented at the seminar: - Ms. Lucy Reed, The Iran-United States Claims Tribunal - Dr. Norbert Wühler, The United Nations Compensation Commission - Prof. Hans van Houtte, The Commission for Real Property Claims in Bosnia and Herzegovina - Mr. Kenneth F. McCallion, The Exxon Valdez and Bhopal Gas Disaster Cases • An article by Ms. Lucy Reed on the Claims Resolution Tribunal for Dormant Bank Accounts in Switzerland • The Rules of the above mass claims settlement systems This volume offers the reader a bird's-eye view of major mass claims settlement systems currently operational, and provides useful insights for persons charged with the setting up of new international claims settlement tribunals. The PCA's International Bureau is ready to assist them in those endeavors.

This book provides an original account detailing the origins and components of a faith-based accounting system that was founded around 629 CE. By examining the historical development that the accounting systems underwent within the context of faith-based rules and values, the book explains what is meant by the term “faith-based accounting”, together with a discussion of its characteristics in relation to various product structures and the underlying Islamic finance principles. It provides important theoretical and practical contributions by explaining accounting as a value-based science rather than a value-free object or abstract. This book explores the way in which religious rules act as a directive for accounting and auditing practices in IFIs. Through which the concept of money and digital currency within the theory of money and how it is enacted in a faith-based context, amid differences of opinions among its actors, is examined. This is an important foundation to explain Islamic accounting and includes how this outcome would shape the faith-based view regarding the new phenomenon of digital currency (DC). Also featured is the concept of paper money within the theory of money and how it is enacted in a faith-based legal framework by identifying two core concepts of today's Fiat money as being a single genus or multi-genera money. This book is not merely an academic work, nor is it a pure practitioner guide; rather, it is a robust work that combines both. It marries rigorous academic research and theories with practical industry experiences. The book provides a clear and concise guide to accounting in Islamic economics and finance and how Islamic financial institutions could meet the applicable faith-based rules in their accounting practices.

Are the WTO Agreements and dispute settlement procedures consistent with Islamic (Shari'a) law principles and norms of justice? How can a foreign investor in a Muslim country comply with the financial tenets of Shari'a? Will Arab and Islamic countries continue to lag behind much of the world in e-commerce, or can e-commerce be integrated with traditional business methods as an engine of economic growth? Experts from the Middle East, Europe and North America examine these and other issues from their unique perspectives in this fourth volume in The Permanent Court of Arbitration/Peace Palace Papers series, which reproduces the work of the Fourth International Law Seminar held at the Peace Palace on October 12, 2001. The Seminar, organized jointly by the Permanent Court of Arbitration and the Arab Union of International Arbitration, focused on strengthening relations with Arab and Islamic countries in three specific areas: electronic commerce, the World Trade Organization's dispute settlement mechanisms and foreign investment. In the papers presented here, the authors point out that not only is free and liberal trade deeply rooted in the culture of Islam; Shari'a urges the accommodation of all kinds of knowledge, including the technological environment necessary for e-commerce. They point the way to full participation by Arab and Islamic countries in the world economic community. This volume also features a French language summary of the papers.

Contributions from members of the German Association for Comparative Law will be among the papers presented at this summer's twentieth International Congress of Comparative Law, to be held for the first time in Asia at Fukuoka, Japan, in July. In a strong range of topics, one focus during the six-day congress will be on questions of multiculturalism and language that concern both comparative law methodology and other legal fields such as family law. Further dealt with will be matters particularly relevant to consumer protection, ranging from choice of court agreements to price control in contracts, duty of information, the regulation of crowd-funding, as well as leisure and travel contracts. Another focus will be on digitalisation's far-reaching economic, societal and legal implications, with questions of data protection in the realm of comparative law accentuated by contributions on the right to be forgotten or current national legal orders. Overall, the volume will reflect the present state of discussions within German jurisprudence. With contributions by: Christina Breunig, Moritz Brinkmann, Johanna Croon-Gestefeld, Anatol Dutta, Katharina Erler, Matthias Fervers, Stefan Grundmann, Beate Gsell, Dirk Hanschel, Wolfgang Hau, Leonhard Hübner, Luca Kaller, Jürgen Kühling, Sebastian Mock, Joachim Münch, David Rüther, Anne Sanders, Bianca Scraback, Stefanie Schmahl, Martin Schmidt-Kessel, Boris Schinkels, Andreas Spickhoff, Klaus Tonner; Jan Thiessen, Tobias H. Tröger, Lars Viellechner, Marc-Philippe Weller, Matthias Weller, Bettina Weisser

This volume is based on presentations delivered at a symposium held in March 2016 at the University of Tokyo. It seeks to reinvigorate the scholarly exchange which can be traced back to the late 19th century between company law academics in Germany, China, Japan and South Korea. Contributions from all four jurisdictions include papers on corporate divisions and valuation of shares and its procedure as well as studies on the civil liability of the company and its directors for false financial statements and the corporate law rules on the squeeze-out of minority shareholders.

Revisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop. The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization. The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.