Comparative law 81 results

Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. This book studies these new international commercial courts from a comparative perspective and examines their role in cross-border litigation.

 

Across the globe, criminal justice systems face similar challenges, yet their solutions to these obstacles might differ. This book introduces the most salient aspects of criminal procedure from a comparative perspective.

What constitutes a “family” in Europe? The answer to this question is constantly changing and increasingly varied. This book addresses areas of family law where developments have been particularly salient and have, at times, created fissures between European States. It also suggests ways of addressing and overcoming these divergences.

This volume examines the broad range of ventures that pursue business goals that straddle the boundaries between pure altruism and the self-interest of their owners. Reports from legal experts on a diverse array of countries detail their significance in the starkly different legal contexts in which these social enterprises exist.

This book includes a general report and a series of special national reports that discuss trends in the judicial enforcement of economic, social and cultural rights worldwide.

Taxation is a tool for guiding behaviour, which makes it possible to best preserve the environment and the world’s natural resources for future generations. This book shows, based on an analysis of 30 different countries, how taxation can play a decisive role in climate change mitigation.

This book brings together specialists from more than 20 countries and focuses on the institutional, political, economic and social factors which determine the crisis of liberal democracies.

Le travail frontalier est devenu au sein des territoires frontaliers en Europe, un important phénomène économique, social et humain dont cet ouvrage souhaite questionner les caractéristiques territoriales.

This book comprises an in-depth comparative law study on the meaning of tort law and procedural law in mass harm cases in Europe, examining this phenomenon in the context of 12 different case studies in 12 European jurisdictions and including four general contributions on mass harm cases.

This textbook deals with the foundations and key issues of insolvency law and approaches the topic from a comparative perspective, i.e. it does not concentrate on one insolvency law in particular but rather introduces the relevant rules from various jurisdictions, primarily England (and Wales), France, Germany and those of the USA. It is case focused and designed for learning and teaching insolvency law.

20 years after the 1999 EU sales law harmonization an extensive and future oriented reform has occurred with the 2019 Sale of Goods Directive. The reform infused features of durability, sustainability and digitalisation into classical sales law, transforming the contract into a long-term relationship, also forcing an adaptation of distribution networks.

This book provides comparative insights into how the rules of civil procedure can be contractually modified. Reports covering 20 jurisdictions discuss, among other topics, choice-of-court costs, appeals, access to evidence, and ADR agreements. It explores the nexus between contractualisation and other current trends in civil litigation.

This book is a comparative study of the topic of administrative silence, also known as formal inactivity of the administration. It provides an overview of the topic and explores how it is recognised and applied within 21 jurisdictions around the world.

This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law.

The principles of independence and impartiality are fundamental to the proper administration of justice. This book examines how these principles are implemented in a variety of settings: in national courts of selected jurisdictions, international courts and international arbitration.

This book provides a comparative constitutional analysis of the relationship between freedom of speech and disinformation. In particular, it assesses the constitutional challenges to balance freedom of speech and falsehood, and the approaches adopted to deal with the spread of disinformation.

Il s'agit d'un livre à travers lequel l'Académie internationale de droit comparé célèbre l'extraordinaire contribution au droit comparé par cinq remarquables juristes.This is a book through which the International Academy of Comparative Law celebrates the extraordinary contribution to comparative law by five remarkable jurists.

This book provides the first thorough examination of the concept of lawyer roles in knowledge work, offering a detailed comparative exploration and analysis of the globalized legal services industry in terms of individual and corporate professional functions.

One of the greatest contributions of the twentieth century was undoubtedly the expansion of the concept of culture. One of the consequences of the amplification of the notion of culture was that it permeated all social disciplines, and law was evidently no exception. Research into law and culture was somewhat belated but has recently yielded a multitude of interesting literature and relevant inquiries. This important volume brings together meditations from some of the leading scholars in the field.

This is a pioneering study comparing university-level and professional online legal education across 13 jurisdictions from the Asia-Pacific region, Europe and beyond before and especially after the COVID-19 pandemic. The book examines developments in legal professions and traditions, university funding and ICT infrastructure.