Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a 'lawful' or an 'unlawful' revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments. Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions. The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.

As public infrastructure, health and other services are being delivered more frequently through Public-Private Partnerships (PPPs) and concessions, this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers how PPPs have become increasingly prevalent following the 2008 financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many. Containing in-depth investigation into EU law and comparative national experiences in relation to PPPs and concessions in 7 EU Member States and the UK, the contributions in this incisive book address the weak points in the current legal regime. Chapters analyse the risks faced by contracting authorities in connection to PPPs and concessions while highlighting good practices from different countries that may be considered for wider adoption across the EU. Public-Private Partnerships and Concessions in the EU will be a key resource for scholars and students of public administrative law and businesses seeking to procure contracts to create PPPs, as well as being of value to practitioners and policy makers at both EU and national levels. Contributors include: P. Bogdanowicz, K. Bonsignore, R. Caranta, P. Cerqueira Gomes, A. Christidis, M.E. Comba, D.C. Dragos, N. Gabayet, C. Kroenke, P. Patrito, C. Risvig Hamer, P. Telles, P. Valcarcel Fernandez, R. Vornicu

Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion. This book proposes an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. It argues that long-term changes in the number of effective veto-gates in the US and the UK are the key to understanding the antithesis that emerged between their administrative jurisprudence. It then forecasts the future of Anglo-American administrative law in light of recent destabilizing political developments, such as attempts by the US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and students of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful for political scientists and economists interested in judicial politics and regulation.

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.

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. Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.

This innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners.

Comparative law scholars have long recognised the importance of looking beyond legal texts and incorporating interdisciplinary methods into the study of law, yet in practice such use of non-legal methods has remained modest. Interdisciplinary Comparative Law illuminates why the doctrinal approach to legal research has retained its strong position, offering a critical analysis of the difficulties of interdisciplinarity. Incisive and ambitious in scope, the book highlights why the comparative study of law benefits from employing the methods of other disciplines. Chapters explore the various ways in which different fields can learn from each other, taking a deep dive into the respective studies of legal history, linguistics, literature, economics, social theory, and international law. The result is a vibrant cross-section of the contrasts and parallels between the practices of law and other areas of research, demonstrating which are the easiest for comparatists to grasp and implement, and which present obstacles for the application of non-legal methods. This cutting-edge book is an essential read for advanced students and scholars of law and legal studies. Its diagnosis of interdisciplinarity as both a boon and bane in the study of law will be of especial interest to comparative law scholars.

This book takes a new approach to post-socialist constitutional change in Europe and Eurasia. It views these constitutions as the products of the collapse of Europe's last empire, the Soviet Union. This book therefore seeks to understand these constitutions as more than just post-authoritarian texts, but also as post-colonial ones. This post-colonial paradigm provides a new set of tools for understanding constitutional dynamics in key countries within the European Union as well as the former Soviet republics to the East. In particular, it helps explain democratic backsliding in Central Europe (such as Hungary and Poland), authoritarian resilience in many of the former Soviet republics (including Russia, Belarus, and Kazakhstan) as well as ongoing struggles about national identity in places like Ukraine and Moldova. Partlett and Kupper's application of the post-colonial paradigm to the former Soviet world contributes to our understanding of post-colonial constitutionalism. This insightful book therefore appeals to the comparative constitutional academic community as well as the broader academic community interested in post-colonialism. It will also be of interest to a general audience interested in better understanding the former socialist bloc countries.

Reforming Intellectual Property brings together 19 of the world's leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers' rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty. This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.

This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent. Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa's place within the growing discourse of comparative constitutional law. Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.

China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.

This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional. Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource. This book's recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies.
Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense.
Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment.
Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment.
Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence. Featuring discussions and reflections from scholars experienced in conducting comparative research, this book considers the ways in which comparative legal research can gain important comparative, qualitative and interpretive insights from the humanities and from the social sciences. Chapters examine contrasting comparative legal versus historical approaches, comparative sociology, comparative religion, comparative (legal) anthropology, comparative philosophy, comparative economics and more. Additionally, the book considers the challenges that lie ahead, not just for comparative legal research, but for comparative disciplines as a whole. Of the many challenges that are identified and discussed, the book concludes that comparative research can especially be further developed when it is also understood as a research design, instead of just a method. Inspiring and progressive, this book will be a crucial reference point for both research students and experienced researchers who are embarking on comparative research within the disciplines of law, humanities and social sciences.

With contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation.

Chapters address the traditional objects of inquiry of the criminal justice system – policing, prosecution and prisons – while also offering reflections on surveillance, the rise of risk within justice and algorithmic justice. They discuss transnational crimes and misbehaviours, such as breaches of human rights, environmental degradation and irregular migration, and examine interactions and flows between the national and the international on issues such as the death penalty, terrorism and juvenile justice. The Research Handbook also analyses crimes and behaviours associated with the ‘dark side’ of globalisation, providing a critical discussion of proposed remedies for the problems posed by globalisation.

Probing the connections between globalisation and criminal policy, this innovative Research Handbook will be an ideal read for scholars and students of comparative criminal justice or comparative criminology. Academics in cognate disciplines such as law, sociology, politics and anthropology will also benefit from this resource.

This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism. Through coverage of key jurisdictions in Asia, Europe and the Americas, this research handbook reveals differences and similarities between legal traditions that have shaped different countries' laws, and the extent to which these laws have become more similar over the past decades. It takes a broad perspective throughout comparative corporate governance, considering the rights and duties of shareholders, including controlling and minority shareholders, directors and the relationship between their powers. Chapters address key topics such as the methods and goals of comparative corporate governance research and enforcement of corporate governance. Informative and perceptive, Comparative Corporate Governance will be a key resource for academics and students in commercial law, comparative law and government studies. Internationally oriented corporate law practitioners and law firms will also be interested in the legal information contained in the chapters.

This book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time. Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about ‘passing on’, ‘legacies’, and ‘heirlooms’; troubles some of the enduring consequences of ‘charitable bequests’, ‘family money’, and ‘estate planning; and, deepens our understanding of the intimate and political practices of inheritance.

Examining the ways and extent to which systemic factors affect health outcomes with regard to quality, affordability and access to curative healthcare, this explorative book compares the relative merits of tax-funded Beveridge systems and insurance-based Bismarck systems. The Law and Policy of Healthcare Financing charts and compares healthcare system outcomes throughout 11 countries, from the UK to Colombia. Thematic chapters investigate the economic and legal explanations for the relevant similarities, variations and trends across the globe. Concluding that systemic factors may be less significant than previously believed, this comprehensive book notes that no one system consistently outperforms the others, yet incentives and funding improvements may lift performances across all curative healthcare systems. Analytical and comparative, this book will be of interest to academics working in the fields of health law and health economics. Public authorities including health ministries, policymakers and international health organisations will also find this to be an invaluable resource. Contributors include: F. Bachner, J. Bobek, J. Boertjens, P. Bogetoft, J.M. Burke, F. Dewallens, I. Durand-Zaleski, A. Geissler, C. Gongora Torres, M. Guy, T. Haanpera, J. Janus, S. Jerabkova, L. Lepuschutz, J. Lombard, M. Mikkers, G. O'Nolan, M.J. Perez-Villadoniga, H. Platou, K. Polin, W. Quentin, W. Sauter, V. Shestalova, K.H. Sovig, V. Stephani, A. van den Heever, J. van Manen, J. Vermeulen

This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime. Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright. Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. Trapova

This indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage. Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime. Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.

This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law. Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment. This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.

In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law.

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance. Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus. Contributors include: W.-C. Chang, J.I. Colon-Rios, V. Ferreres Comella, J.E. Finn, S. Gardbaum, M.A. Graber, G. Halmai, J. Hiebert, G. Jacobsohn, J. King, H. Klug, D. Landau, D.S. Law, J. McLean, J.-W. Mueller, D. Robertson, Y. Roznai, C. Saunders, M. Schor, H. Schweber, S. Tierney, A. Torres Perez, M. Tushnet, J. Weinrib

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. 'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.' - Qiao Liu, The University of Queensland, Australia This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law. Key features include: Comprehensive treatment of main themes and approaches in law and globalisation discussions Provides a theoretical basis for evaluating legal globalisation Includes contemporary developments Examples from many jurisdictions offer a genuinely global perspective. An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law. Key features include: uses analysis of current issues to offer a genuinely advanced perspective use of theory for evaluating methods and approaches in comparative law a comprehensive treatment of the main themes and approaches in comparative law discussions. This insightful Advanced Introduction will be an excellent resource for both law students and scholars alike. It will also be a useful guide for those working in international law, as well as law clerks and legal advisors. Professor Emeritus, Kent Law School, UK