This reference work compares the formation of contract in the legal systems of England, France, Iran and other Islamic systems. The preliminary part gives a historical sketch and describes the sources of law for the four legal systems and then describes the development and general theory of contract law in the four systems. Part one then analyzes in detail the basic notions of formation of contract including the range of psychological elements and their means of expression. The author goes on to describe and compare the function and determination of offer and acceptance in the four legal systems. Part two analyzes the mechanism of formation of import of a contract in respect of both offer and acceptance. The book has been extensively researched and includes references to Roman law and other modern legal systems. The work has been indexed and cross-referenced.

States and the Interpretation of Treaties opens with a provocative reconsideration of a debate on the subject of comparative international legal obligations by the United Nations's International Law Commission. In this book, distinguished Tufts University legal scholar Dimitris Liakopoulos identifies and explores relevant considerations in the work of the Commission and offers an overview of the status of international law as defined by the United Nations authority responsible for its codification and development. The Commission's conclusions form the starting point for an insightful comparative approach to international law and liability.

As cross-border transactions expand in our contemporary global economy, the significance of comparative contract law is evermore apparent. In addition the role of lawyers in transactional counselling as well as dispute resolution has become increasingly prominent. Appreciation of the principal similarities and differences between the two major subdivisions of Common Law - the United States and the British Commonwealth - and Civil Law - French versus German law - has thus become imperative. This research review endeavours to facilitate such appreciation and will prove an essential reference point for students, researchers and policymakers.

This comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners. Contributors include: G. Bellantuono, B.H. Bix, D. Carpi, C.L. Cordasco, C. Costantini, S. Fiorato, J. Gordley, M. Granieri, A. Hutchison, M.R. Marella, G. Marini, P.G. Monateri, F. Monceri, P. Moreno Cruz, H. Muir Watt, F. Parisi, P. Pardolesi, G. Samuel

In his Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (Oxford 2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point, in this book judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. The book also contains a series of contributions from scholars analyzing the wide range of factors that determine the legitimacy of these courts' decisions. Specific attention is given to the Strasbourg Court of Human Rights that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are even under greater pressure to modernize. The book is a multidisciplinary contribution to the international debate about the legitimacy of the highest courts' rulings as well as the concept of judicial leadership and offers a new perspective in the USA versus Europe debate. It is recommended reading for academics, judges, policymakers, political scientists and students. Nick Huls is a Professor of socio-legal studies at the Faculty of Law of the Erasmus University Rotterdam and Leiden University's Faculty of Law, The Netherlands. Maurice Adams is a Professor of law at Tilburg University, The Netherlands, and part-time Professor of comparative law at Antwerp University in Belgium. JaccoBomhoff is a Lecturer in law at the Law Department of the London School of Economics in the UK.

This work contains the proceedings of the 2nd Conference on Dutch-Japanese Law, which took place at the University of Utrecht in August 1996. The doctrine of tort law was chosen as the central theme for this conference. The meaning of tort law has been extended to such a degree that socially accepted responsibilities are attributed to specifically determined natural and legal persons. This book elaborates on various trends in tort law, such as medical liability, traffic liability, product liability, and environmental liability. A comparison with the Japanese legal system provides interesting insights into this particular issue, because the Japanese system is of a dualistic nature. By studying the development of the law in both Japan and the Netherlands, existing links are strengthened and new contacts between Dutch and Japanese academic lawyers are established.

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naive, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of "crimmigration" regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions - as opposed to those of the common law - the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake's breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

From the start of the financial crisis in 2007, which turned into an economic crisis soon afterwards, it was obvious that public law could not prevent the genesis of this crisis although it has adequate instruments to make a reoccurrence of such a crisis unlikely. Financial law, tax law and even aspects of criminal law are designed to regulate the behaviour of financial institutions and other corporations. Since public law was unable to avoid the 2007 crisis, there can only be one conclusion: its instruments did not work properly or, worse, were badly designed or applied. Since 2007, a lot has been done from a financial, tax or criminal law point of view, confirming this finding. Regulation has thus been at the centre of the financial and legal debate, but a real understanding of the lessons of the crisis also requires account to be taken of private law. Is there a possible connection between private law and the outbreak of a financial and economic crisis? And did private law institutions, mechanisms or instruments in their current design contribute to the crisis? Does private law provide institutions, mechanisms and/or instruments which might have prevented the genesis of a financial or economic crisis? If so, why did these institutions, mechanisms and instruments fail to do so? And is there a need for new or modified instruments to improve the impact of private law on events that may lead to a new crisis? This thought-provoking book makes it clear that private law and the possibility of a financial and economic crisis are strongly intertwined. It shows that private law provides as many useful institutions, mechanisms and instruments against the emergence of such a crisis as public law does. Few other books bring together so many leading legal scholars on private law and its effects and implications. This book is rigorous, thoughtful, enlightening and thought-provoking - a must-read.

This work is based on papers presented at a conference entitled "The Sex of Labour Law in Europe/Le Sexe du droit du travail en Europe", which was held at the European University Institute in Florence. The contributors argue that law in general, and especially social and labour law, is not asexual, and that law has been written from a male point of view. As a consequence, many rules and regulations do not take into account a typical female point of view and therefore appear to disregard the position of women, which leads in many cases to sexual inequality. The contributors give a detailed account of the position of women in labour law in their own jurisdiction. The text should be of interest to academics and practitioners involved in labour law, human rights, gender studies and women's studies.

In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.

This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment-one that respects the formal procedures of textual alteration laid down in the constitutional text-may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

Prized by practitioners since the first edition appeared in 1998, "Dispute Resolution in Asia" provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution.

In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.

The current volume of the Comparative Law Yearbook of International Business addresses a variety of issues relating to the regulation of business entities and investment, as well as a range of general issues In the fields of business entities and investment, practitioners from Panama, Brazil, Chile, Russia, Gibraltar, Canada, Singapore, Romania, Indonesia, and Hong Kong examine protection of minority shareholders, antitrust and competition law, securities regulation, corporate taxation, fund administration and management, joint ventures, protection of foreign investment, regulation of mutual funds, and corporate governance. Commentators from Nigeria, the United States, Japan, Spain, and The Netherlands also review issues relating to copyright and trade mark protection, court jurisdiction, insolvency, and telecommunications.

The Research Handbook on Legal Pluralism and EU Law explores the phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU. Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives - from the constitutionalist to the Foucauldian - this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution. Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now - Brexit, populism, migration, the Euro-crisis - and asking what lessons can be learned from and for pluralism. This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, Legal Theory, and political scientists focused on legal aspects of EU integration. Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts will also find this stimulating reading. Contributors include: C.M. Amhlaigh, M. Avbelj, M. Cahill, G. Cornelisse, G. Davies, N. de Boer, P. Eleftheriadis, T. Flynn, M. Goldmann, C. Kaupa, R.D. Kelemen, P.F. Kjaer, D. Kochenov, J. Lawrence, P. Leino, L. Leppavirta, J. Lindeboom, P. Lindseth, G. Martinico, F.-X. Millet, J. Priban, S. Sankari, K. Tuori, N. Walker

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a "bribe merchant"), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

'El libro de S.I. Strong, Katia Fach Gomez y Laura Carballo Pineiro sigue la estructura de algunos textos clasicos de Derecho Comparado, como los de Rudolf Schelsinger y John Henry Merryman, cotejando los elementos generales de los dos grandes sistemas juridicos del Derecho Civil y el Common Law, analizando las semejanzas y diferencias de ambos sistemas con un fin eminentemente practico: atender a las necesidades de aquellos que trabajan cruzando las fronteras linguisticas para analizar un analisis comparado.' - Rodrigo Polanco Lazo, Universidad de Chile and Universidad de Berna, Suiza Comparative Law for Spanish-English Lawyers (Derecho Comparado para Abogados Anglo- e Hispanoparlantes) provides lawyers and law students who are conversationally fluent in both Spanish and English with the information and skills needed to undertake comparative legal research in their second language and facilitate communication with colleagues and clients in that language. Key features include: fully Spanish-English bilingual enables lawyers to develop the broad practical skills critical to success in today's increasingly international legal market covers a variety of substantive and procedural areas of law and includes information on legal and business practices in a number of English- and Spanish-speaking jurisdictions contextualizes information about foreign legal systems and develops readers' linguistic and legal skills through both immersion and instruction. Suitable for use by both individuals and groups, helping practitioners, academics and law students at any stage of their professional development, this book is perfect for anyone who wishes to move from conversational fluency in a second language to legal fluency. Comparative Law for Spanish English Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en ingles y espanol, persigue potenciar las habilidades linguisticas y los conocimientos de derecho comparado de sus lectores. Con este proposito, terminos y conceptos juridicos esenciales son explicados al hilo del analisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias juridicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.

This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

Taxes are sometimes so fundamental to domestic systems that they are almost impossible to change, as when the tax system is part of a nation's majority religion or is linked to another value deeply rooted in local communities, such as housing or farming. There is a danger in the WTO, a Geneva-based entity, making decisions for people living in distant locations with regard to tax issues related to their local needs and wants. The Saudi Arabian tax system exemplifies the tension between religion, tax and trade, because tax has a role in the country's religion and is an essential part of its laws.

Therefore, there is a need for maintaining a delicate balance between local needs and international commitments with respect to taxation. This book aims to show directions in which legal order can be preserved as much as possible from within each country, and yet not imposed upon them, and which will help build a peaceful bridge between local and international factors that are important to shaping the global order.

Preface International conferences are not organized overnight-especially not when high ranking personalities from politics, business and academia should be offered an adequate platform for addressing and discussing highly relevant contemporary issues. The conference on "The Role of Law and Ethics in the Globalized Economy," which took place on May 22 and 23, 2008 in the Bavarian Academy of Sciences and Humanities in Munich, was no exception. When the first preparations started at the end of 2006, neither the subprime crises nor the general crises of the global financial system, whose shock waves have rocked the financial businesses in subsequent months, were known; nor were they predictable or even imaginable. Based on our monitoring of the globalization process and its apparent impact-not only on the economic and technological environment, but also on the social en- ronment-it was appropriate for the conference to begin by serving as a platform for analysing the status quo of the process of globalization, as relevant to politics, business and academia, and for exploring how the interest groups in those domains cope with the challenges of globalization. In the end, however, the purpose of the conference was to produce proposals for conditions for "upwards" global compe- tion, meaning that minimum conditions should be worked out to enable people to live and labour humanely. Such conditions would be those which should help avoid otherwise inevitable frictions in society, both nationally and internationally.

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

The classic distinction in international relations between mutual assistance in criminal matters and mutual administrative assistance has become diffuse. A blurring of transnational policy issues in the struggle against fraud continues to hamper efficient cooperation between states, despite the increasing interaction of national enforcement agencies supported by automated systems and a growing number of supranational institutions with enforcement powers. Particularly among the member states of the European Union, the disparate law of international cooperation needs to be examined and clarified, in terms both of instruments and of legal guarantees. This book offers an English translation, updated to mid-2001, of a Dutch study which appeared earlier that year. The study was originally commissioned by the Dutch Ministry of Justice, which recognized that the way to clear standards of cooperation lay through in-depth comparative research into the relevant law, practice, and recent experience of several major national jurisdictions. A five-member research group worked with the help of the Willem Pompe Institute of Criminal Law and Criminology, the Foundation for the Promotion of Criminal Law Research, and the Utrecht Faculty of Law's Centre for Enforcement of European Law. In order to focus meaningfully on the theme of combating fraud in its most significant current manifestations, the researchers restricted their study to customs law, fiscal law, and agricultural law in four EC countries. Among the core legal matters investigated are the following: exchange of enforcement data; performance of acts of investigation; the "moment" in each legal system at which it is necessary to switch from administrative assistance to assistance in criminal matters; and the manner in which national systems of evidence deal with evidence from abroad. Based on a close study of legislation and case law in each of the four countries-in addition to numerous personal interviews-the analysis clearly identifies the legal problems, and makes recommendations as to how transnational administrative law and cooperation in criminal matters may be most effectively arranged.