Komparativ ret

"The book builds on hand-coded data on nearly 300 dimensions on the substance of property law in 156 jurisdictions globally and applies plain-language economic analysis to real-world legal schemes. Cutting-edge machine learning algorithms and statistical analysis are applied. Detailed citations to laws in each jurisdiction are useful to lawyers"--

This book explores the historical foundations of holding public authorities accountable for their acts, and discusses how and why the idea that the state should or should not be held liable became established in the leading European legal systems: Germany, France and Great Britain.

This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8¿10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter¿s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of ¿talk past each other.¿ Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.

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 book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial.With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Over 2 billion people (61% of the world's employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon's legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive.The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT) and Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi).

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

This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law - legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey - have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.

The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy - including the experiment of a self-styled populist coalition government - as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.

In dieser Arbeit wird das Recht als Instrument zur Bewältigung der Herausforderungen des Meeresspiegelanstiegs untersucht. Da sich die beiden exemplarisch ausgewählten Länder in ihren Anpassungsstrategien und den entsprechenden rechtlichen Regelungen deutlich unterscheiden, stellt der Autor allgemeine Ideen vor, wie jeder rechtliche Rahmen, der vor ähnlichen Herausforderungen steht, verbessert werden könnte. Insbesondere werden (Hochwasser-)Risikobewertungen, Küstenschutz und hochwassersichere Bauweise sowie Raum- und Landnutzungsplanung, einschließlich des kontrollierten Rückzugs, diskutiert. Aufgrund der gründlichen Analyse ist dieses Buch nicht nur eine unverzichtbare Lektüre für politische Entscheidungsträger und Forscher, die sich für den Küstenbereich interessieren, sondern für die Anpassung an den Klimawandel im Allgemeinen, da viele allgemeine Erkenntnisse auf andere Auswirkungen übertragbar sind.

This book offers a comparative perspective on 18 countries' legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven't specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.  

This book discusses the most recent developments in the WTO regime. Issues such as E-commerce, security exception clause, China's compliance with the WTO obligations, sustainability development, IP protection in FTZs, trade controls and etc., are at the forefront of WTO studies. These issues strongly influence people's understanding of the current role of WTO and provides possible way to revitalize the function of WTO. Meanwhile, as the world's second largest economy, the world's largest trading nation and the holder of the world's largest foreign exchange reserves, China is apparently a powerful figure in leading these issues. Therefore, this book explores extensively these issues from a Chinese perspective to see what China could do to reboost the world trade.

This book addresses historical issues of colonialism and race, which influenced the formation of multicultural society in Mauritius. It presents a legal analysis of core historical events, drawing on an in-depth examination of the two labour systems through which the island came to be populated: slavery and indentured labour.

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment. It explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux.

This book analyses the role of laws and judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments.

Organised crime and financial crime are pressing global problems, increasingly recognized as policy priorities both by national governments and international bodies and corporations. This proudly interdisciplinary collection is built on the premise that these topics.

This book carries out a comprehensive analysis of the María Luz incident from a legal perspective. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity.

This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.

This book explores the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed 'church autonomy' or, more recently, 'corporate religious freedom'

This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society.In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.

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.