Bücher der Reihe Ius Comparatum - Global Studies in Comparative Law

This book gathers the general contributions to the 3rd Thematic Congress of the International Academy of Comparative Law, which took place from 16 to 18 November 2016 in Montevideo, Uruguay. The main topic of the Congress was the enforcement and effectiveness of the law as a particularly relevant concern in today's society, in which the expressions of law have multiplied and legal pluralism seems to have reached its peak.The book addresses the enforcement of constitutional rights in national and supranational contexts, as well as the effectiveness of international dispute settlement. Further, it examines in detail the relations between the enforcement and effectiveness of criminal law, contract law and family law.Ce livre rassemble les contributions générales du 3ème Congrès thématique de l'Académie internationale de droit comparé, qui s'est déroulé du 16 au 18 novembre 2016 à Montevideo en Uruguay. Le sujet principal du Congrès était la mise en oeuvre et l'effectivité du droit qui constituent une préoccupation particulièrement pertinente dans la société contemporaine où les expressions du droit se sont multipliées et où le pluralisme juridique semble avoir atteint son apogée. Le livre traite de la mise en oeuvre des droits constitutionnels dans des contextes nationaux et supranationaux ainsi que de l'efficacité du règlement des différends internationaux. En outre, il examine en détail les relations entre l'application et l'efficacité du droit pénal, du droit des contrats et du droit de la famille.

This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.

It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law".

Codification in East Asias

This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions.

This volume provides an overview of thestate of internationalisation of legal education (IOLE) in many civil law andcommon law countries. It is a compilation of the NationalReports submitted for the August 2014 Congress of the IACL held at Vienna, andcontains an introductory general report.

Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community.

This volume provides an overview of thestate of internationalisation of legal education (IOLE) in many civil law andcommon law countries. It is a compilation of the NationalReports submitted for the August 2014 Congress of the IACL held at Vienna, andcontains an introductory general report.

This book presents an analysis of the concept of the administrative act and its classification as 'foreign', and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe.

Disgorgement of profits is not exactly a household word in private law. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law.

The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic "Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age".

Right to Counsel and Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Japan.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Germany.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Italy.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Portugal.- Confidentiality of Attorney-Client Communications in China''s Criminal Justice System.- The Right to Counsel within Criminal Proceedings in Switzerland.- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Poland.- Confidentiality of Attorney-Client Communications in the United States.- Confidentiality of correspondence with Counsel as a Requirement of a Fair Trial in Spain.- The Lawyer-Client Privilege in the Case-lLw of the ECtHR.- Protecting Confidentiality of Lawyer-Client Communications Worldwide. Comparative Study.

This book presents a comprehensive study on how twenty-three countries have approached the issue of company groups.

This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system.

This book identifies and explains the different national approaches to data protection ¿ the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals ¿ and determines the extent to which they could be harmonised in the foreseeable future.In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions.These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments ¿ including the European Union¿s General Data Protection Regulation applicable as of 25 May 2018 ¿ have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.

This volume takes a look at the status quo of whistleblowing in several jurisdictions from around the world. It looks at what kind of legal protection of whistleblowers is in force, who is protected, what kind of behaviour is protected, and what kind of behaviour whistleblowers are protected against.

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations.

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law.

The volume gives an overview on how legislators all over the world have come up with different legal solutions for governing genetically modified organisms (GMOs) and food security and provides a compact summary of the existing regulations in this field.

This volume comprises national reports on migration and migration law from 17 countries representing all continents.

This book gathers the general contributions to the 3rd Thematic Congress of the International Academy of Comparative Law, which took place from 16 to 18 November 2016 in Montevideo, Uruguay. The main topic of the Congress was the enforcement and effectiveness of the law as a particularly relevant concern in today's society, in which the expressions of law have multiplied and legal pluralism seems to have reached its peak.The book addresses the enforcement of constitutional rights in national and supranational contexts, as well as the effectiveness of international dispute settlement. Further, it examines in detail the relations between the enforcement and effectiveness of criminal law, contract law and family law.Ce livre rassemble les contributions générales du 3ème Congrès thématique de l'Académie internationale de droit comparé, qui s'est déroulé du 16 au 18 novembre 2016 à Montevideo en Uruguay. Le sujet principal du Congrès était la mise en oeuvre et l'effectivité du droit qui constituent une préoccupation particulièrement pertinente dans la société contemporaine où les expressions du droit se sont multipliées et où le pluralisme juridique semble avoir atteint son apogée. Le livre traite de la mise en oeuvre des droits constitutionnels dans des contextes nationaux et supranationaux ainsi que de l'efficacité du règlement des différends internationaux. En outre, il examine en détail les relations entre l'application et l'efficacité du droit pénal, du droit des contrats et du droit de la famille.

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations.

This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law.

This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared.The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

Disgorgement of profits is not exactly a household word in private law. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law.

This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars.

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details.The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century.