This detailed description and comparative analysis of the development of tort law in Europe over the last 150 years is based on national reports that are structured by a basic questionnaire. The national reports are complemented with a comparative analysis of the parallel, though often diverging, developments in the different legal systems. It can clearly be seen that different groups in the legal systems, such as judges and scholars, often had diverging views on tort law that were translated into more specific doctrinal and evaluative statements. Accompanied by a general expansion of liability due to changing perceptions of the risks of accidents, the former Roman law of delict and the medieval law of torts have been transformed into modern rules of extra-contractual liability that are deeply entrenched into the social security and insurance systems.

Technological developments posed a challenge to the established law, especially tort law, at approximately the same time across Europe. This book focuses on the similarity and diversity of responses to such developments in different jurisdictions. Three examples have been studied in depth: the escape of sparks from steam engines in the middle of the nineteenth century; exploding boilers in the latter part of the nineteenth century; and asbestos-related industrial disease in the middle and late twentieth century. The book shows how the rules of tort law were used and adapted and demonstrates how other systems of regulation and compensation were introduced to prevent injuries or to provide compensation to victims outside tort law. The relatively marginal role of tort law in these areas reveals much about legal development in general.

Like all industrialized countries, China is experiencing increased land contamination in recent years. Abandoned mining and manufacture sites and obsolete industrial complexes, while also creating new polluting industrial enterprises, are presenting impending environmental threats. More importantly, a number of social and economic problems have developed and must be dealt with, in some cases, as a matter of urgency in China. Contaminated land laws and regulations have been established and have evolved in the US and UK and many other jurisdictions over the past decades. Those regimes have substantially influenced the relevant legislation in the context of numerous Asian and European countries and will inevitably benefit the similar legislative efforts of China. This book is the first monograph which focuses on how China can learn from the US and UK with respect to the contaminated land legislation and demonstrates the whole picture of how contaminated land law would be created in China. It will be of interest to academics and practitioners in environmental law in China, as well as the US and UK.

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting 'self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR's and WTO's interpretative practices, both the VCLT's general rules of interpretation and the ICJ's interpretative practice serve to counteract the fragmentation of international law.

This book critically analyses how the law has facilitated, or hindered, the recognition of same-sex family formations in Ireland, and how it might be reformed to provide greater parental rights for same-sex couples. The book covers four key issues facing same-sex couples: - Civil partnerships: the first chapter analyses the pragmatic and symbolic effects of registered civil partnership, and compares Ireland's decision to discontinue this alternative form of relationship recognition with the UK's recent move towards extending civil partnership laws. - Cohabitation: chapter 2 assesses whether the cohabitation model introduced in Ireland might be effective in other jurisdictions where there are calls for cohabitation law reform. - Marriage equality: chapter 3 explores the initial move to prohibit marriage equality in Ireland, and critiques the subsequent route towards the 2015 referendum, with comparison to the more recent move towards marriage equality in Australia. - Parental rights: the fourth chapter focuses on the legal position of same-sex couples who are parenting children born via Assisted Reproductive Techniques (ARTs), such as donor-assisted human reproduction and surrogacy. In particular, it explores shortcomings in the existing legislation and proposes a viable method of regulating these ARTs via future legislation, partly based on models in operation elsewhere. The book concludes by assessing the impact, or lack thereof, of the European Convention on Human Rights on same-sex relationship recognition, same-sex parenting, and marriage equality, in order to determine whether it could promote increased legal recognition for same-sex families in Ireland.

Mexican Law provides an overview of the Mexican legal system. In addition to setting forth rules and legal doctrines (with reference to the practical application of the law), this volume surveys the key institutions that make and enforce the law in Mexico, and places them in their historical and cultural context. The book makes frequent comparisons to United States legal doctrines and institutions, and provides a foundation for understanding the roles of law and legal institutions in shaping public and private life in Mexico.

The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.

The book examines whether small jurisdictions (states) are confronted with specific issues providing social security and how to deal with these issues. How is social security law impacted by the smallness of the jurisdiction? First, the author examines the key concepts 'small jurisdiction' and 'social security' as he understands them in the present research. He then pays some attention to the relation between social security and social security law and subsequently makes an excursion to explore the notion of legal transplants. In the second part, the author first examines the main features characterizing small states according to the general literature on small states, focusing on features which may be relevant to social security. He also includes an overview of the (limited) literature dealing with the specific social security issues small jurisdictions have to deal with. In other words, the second part provides the reader with the status quaestionis. In the third part, the author takes a look at the social security systems of 20 selected small jurisdictions. He does so according to a uniform scheme, in order to facilitate their comparison. These 20 case studies allow him in a next part to test the correctness of the statements made in Part 2. In the fourth part, he compares the social security systems of the 20 small jurisdictions. He draws conclusions as to the main question, but also to test the validity of the current literature on the topic as described in Part 2. Special attention goes to the use of legal transplants for the definition of the personal scope of social security arrangements. In the concluding part of the book, the author formulates some suggestions for the benefit of the social security systems of the small jurisdictions, based on his research.

This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China-EU Comprehensive Strategic Partnership.

The legal recognition of the housing, land, and property rights of refugees and displaced persons has expanded steadily in recent years as the realization has grown that securing these rights will be beneficial to long-term peace, stability, economic vitality and justice. This volume, first published in 2007, contains more than 240 of the laws, cases and materials that have been adopted during the past century, which accord those unjustly and arbitrarily displaced from their homes and lands with rights: not simply to return to their countries or places of origin, but to return to the original home, land or property from which they were initially forced to flee. The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, are a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.

Social networks have created a plethora of problems regarding privacy and the protection of personal data. The use of social networks has become a key concern of legal scholars, policy-makers and the operators as well as users of those social networks. This pathbreaking book highlights the importance of privacy in the context of today's new electronic communication technologies as it presents conflicting claims to protect national and international security, the freedom of the Internet and economic considerations. Using the New Haven School of Jurisprudence's intellectual framework, the author presents the applicable law on privacy and social media in international and comparative perspective, focusing on the United States, the European Union and its General Data Protection Regulation of 2018 as well as Germany, the United Kingdom and Latin America. The book appraises the law in place, discusses alternatives and presents recommendations in pursuit of a public order of human dignity.

This book explores the fundamental and inextricable relationship between regulation, intellectual property, competition laws, and public health in prescription drugs markets, examining their interconnections and the delicate balance between the various interests and policy goals at stake. Although pharmaceutical markets are heavily regulated and subject to close antitrust scrutiny, there is a constant requirement for existing rules and policies to tackle a number of persistent, complex issues. The variety of anticompetitive practices occurring in this sector, the worrying rise in drug prices, and major, far-reaching concerns over the accessibility of medicines are sources of frequent controversy in academic and policy debate. Understanding the unique features and dynamics of the pharmaceutical industry requires a tailored and multifaceted approach. The study is enhanced by the adoption of a comparative perspective, tracing convergence and divergence between EU and US systems through the analysis of relevant applicable rules, emblematic case studies, and policy choices. Pursuant to this rigorous approach, the book provides an original and thought-provoking critique of the challenges of regulating pharmaceutical markets.

Innovations in Evidence and Proof brings together fifteen leading scholars and experienced law teachers based in Australia, Canada, Northern Ireland, Scotland, South Africa, the USA and England and Wales to explore and debate the latest developments in Evidence and Proof scholarship. The essays comprising this volume range expansively over questions of disciplinary taxonomy, pedagogical method and computer-assisted learning, doctrinal analysis, fact-finding, techniques of adjudication, the ethics of cross-examination, the implications of behavioural science research for legal procedure, human rights, comparative law and international criminal trials. Communicating the breadth, dynamism and intensity of contemporary theoretical innovation in their diversity of subject-matter and approach, the authors nonetheless remain united by a common purpose: to indicate how the best interdisciplinary theorising and research might be integrated directly into degree-level Evidence teaching. Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global.

The book highlights the link between consumers and travellers, identifying the meaning of vulnerability in Brazil and the EU. It also covers different types of contracts for tourism and travel services, including online booking processes. Only after 2015, as a result of the directive on package travel and linked travel arrangements, did the EU begin viewing travellers as consumers in the sense of Union Consumer Law; conversely, in Brazil, the traveller has no legal status whatsoever and is considered solely a consumer. As the traveller is implicitly a consumer he/she is subject to vulnerability. However, the definition of vulnerability differs considerably between Brazil and the EU: while in Brazil it is a principle stemming from the Consumer Defence Code, covering all consumers, in the EU vulnerability is not an established principle. In the EU, although the average consumer is assumed to be reasonably well informed, observant and circumspect, they are also recognised as the weaker party in the contract. That recognition does not fit with the notion of "confident consumer". Vulnerable consumers in the EU are those whose individual characteristics, such as their age, physical or mental infirmity, or credulity, make them particularly susceptible to unfair commercial practices. Conversely, in Brazil these consumers are seen as being hyper-vulnerable, rather than solely vulnerable. In this context, travellers are in a weaker position than regular consumers buying goods or services, because they are outside of their domicile or jurisdiction for a brief or extended period of time. This book examines two types of traveller vulnerability that make travellers, particularly international ones, a special type of consumers: 1. External and 2. Legal (jurisdiction). Travellers' vulnerability mainly stems from consumers travelling to different markets and different cultures. As such, they are subject to different laws that require special global attention. While both the EU and Brazilian system have their respective advantages and disadvantages, the goal of both must be to further increase protection for travellers, including business travellers. In consumer societies, the traveller is indeed a consumer by logical causation and hence a "special consumer".

In this timely and significant study of delegation and agency in the European Union, one of the leading authors in the field examines the role of supranational actors like the Commission, the Court of Justice, and the European Parliament in the process of European integration and in contemporary EU governance.

In response to pirate attacks in the Western Indian Ocean, countries worldwide have increasingly authorized the deployment of armed guards from private military and security companies (PMSCs) on merchant ships. This widespread trend contradicts states' commitment to retain a monopoly on violence and discourage the presence of arms on civilian vessels. This book conceptualizes the extensive use of PMSCs as a form of institutional isomorphism, combining the functionalist, ideational, political and organizational arguments used to account for the privatization of security on land into a synthetic explanation of the commercialization of vessel protection.

This book provides a comprehensive overview on the long-term care systems in 12 EU member states and Norway. Focusing on the legal background and its main principles, it includes a comparative analysis which highlights the principal dissimilarities between European long term care benefits, but at the same time also a variety of features in common. It also discusses the increasingly transnational dimension of long-term as a result of migrants returning to their country of origin in old age, and the still-unsolved legal problem of entitlement to long-term care benefits in another EU-member state.

Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system. With its particular historical background since the chaotic post-revolutionary period and current specific mechanisms, French constitutional law offers a fascinating object of study for anyone interested in public law and the broader area of comparative constitutional studies. This textbook will equip students with an understanding of the current Fifth Republic and how constitutional rules are adopted and applied, and affect other areas of law and politics. It offers a critical account of the 1958 Constitution's past, present and future by placing it in its political and socio-historical contexts and critically assessing contemporary developments and constitutional reforms. Given the growing expansion of this branch of law in the French legal system (in particular the case law on the priority preliminary rulings on the issue of constitutionality) and the growing relevance of comparative legal studies, the book will make a significant contribution to the knowledge exchange in teaching and learning. Principles of French Constitutional Law will be structured around the following main themes: (i) The bases of French constitutional law with theoretical developments about key notions of constitutional law such as the state, the constitution, as well as historical background of French constitutional law (ii) The Fifth Republic of France with coverage of the main powers, namely executive, legislative and judiciary with particular emphasis on constitutional review and justice and (iii) A practical part on legal education dealing with the emergence of French constitutional law as an academic subject of research and teaching, as well as with the method of teaching as illustrated by typical legal exercises.

Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.

The US remains the leading world power, but across the Pacific, Japan has the world’s second largest economy and great international economic clout. Some voices in the international arena have urged Japan to play more constructive and politically active roles in the international arena. This volume collects essays analyzing the key issues in Japan’s international relations as it heads toward a new world order: the pressing global and regional issues and their domestic implications, the actors, and the major policy directions.

This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they've had no opportunity to read it in detail and know what they're voting upon. The majority party's legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis.

This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.