This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas...
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various natio...
This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed....
This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumst...
This collection of essays aims to position African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the manifold crises of the environment.
This collection of essays aims to position African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of...
This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.
Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial...
This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It...
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes - and private law legislation in general - with Constitutions and International Conventions.
The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for...
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches...
Bringing together US and European scholars, this book examines issues ranging from the status of human rights under US law to the status of the European Court of Human Rights in the broader context of international law.
Bringing together US and European scholars, this book examines issues ranging from the status of human rights under US law to the status of the Europe...
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world.
Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal...
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehen...
This book provides a comprehensive Australian perspective on the resolution of resources disputes. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration.
This book provides a comprehensive Australian perspective on the resolution of resources disputes. It concentrates on arbitration as the preferred met...
