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Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
In this novel and unorthodox historical analysis of modern comparative law, Daniel Bonilla Maldonado explores the connections between modern comparative law and the identity of the modern legal subject. Narratives created by modern comparative law shed light on the role played by law in the construction of modern individual and collective identities. This study first examines the relationship between identity, law, and narrative. Second, it explores the moments of emergence and transformation of this area of law: instrumental comparative studies, comparative legislative studies, and comparative law as an autonomous discipline. Finally, it analyzes the theoretical perspectives that question the narrative created by modern comparative law: Third World Approaches to International Law, postcolonial studies of law, and critical comparative law. For lawyers and legal scholars, this study brings a nuanced understanding of the connections between the theory of modern comparative law and contemporary practical legal and political issues.
The book explores the broad range of legal, personal, social, political and historical foundations of international law. The book is a collective effort of qualified authors- law school deans and professors, national and international court judges, young and old international law scholars and government lawyers from varying legal cultures across the oceans of the world, representing diverse legal philosophical and corresponding practices bringing their stories to life, telling tales helpful for those well-acquainted with the issues. Although one book of Liber Amicorum cannot address all the important issues in the vast arena of international law, these essays provide a rich and lucid understanding of issues of modern public international and comparative law. The beauty of the book lies in the fact that the issues discussed in the compendium by the diverse authors though familiar to comparatists, are given perspectives different from the usual Euro-American centrist standpoint that dominated the current writings in international law. The collected essays will be found most useful as an informative tool in the discovery of progressive development of international law as well as in the study of comparative legal systems. *** The legal essays contained in this treatise on various important issues of public international and comparative law are interesting, well researched, and written from multi-disciplinary perspectives by very well-qualified legal scholars from different backgrounds and cultures of the world. All the authors are exceptionally knowledgeable and experts in their chosen fields. It is strongly urged that people should read these essays in order to fully appreciate the contributions of international legal scholars to world peace, international development, understanding and progress. Nothing can be more befitting in honoring Professor Dr. Christian Nwachukwu Okeke for his enormous contributions to the positive development of the legal academy nationally and internationally. Professor Dr. Emmanuel Omoh Esiemokhai Ph.D., Academic Chancellor, Bosas International Law Bureau, Abuja, Nigeria Chima Nweze's Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Christian Nwachukwu Okeke, is a magisterial work of enormous scope and depth that brings together a diverse group of internationally distinguished authors from academia, government and private practice. The Liber Amicorum is impressive both in range of subject matter and quality of analysis and merits the attention of scholars and global policy makers. Ndiva Kofele Kale, Ph.D., J.D., Professor of Law, Southern Methodist University, Dedman School of Law, Dallas, Texas Professor C.N. Okeke is a very fine scholar in international law. He has taught the subject in Universities in Africa, Europe and the United States. In all these continents, he has made tremendous impact on students of the subject. I regard the essays as a useful epilogue to his successful career as a teacher and researcher of international law. I heartily recommend the essays to all that are interested in the study of international law. I have no doubt in my mind that the essays will provide a useful addition to the growing literature in international law. I commend the contributors for a worthy compendium.
Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.
This volume brings together papers presented at the Ninth International Conference “Perspectives of Business Law in the Third Millennium”, held at Bucharest University of Economic Studies, Romania, on 8th November 2019. It is divided into three sections: “Reconfiguration of administrative law from the perspective of redefining social action and public interest in the state of law”; “Administrative codification in comparative law”; and “Contemporary challenges in European and comparative administrative law”. The book will appeal to practitioners, researchers, students and PhD candidates in juridical sciences interested in recent developments in the field of administrative law at both the international and national levels.
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.