Bücher der Reihe Ius Comparatum - Global Studies in Comparative Law

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.

The general report is followed by a special report which covers the limits imposed by the European Union and by the smaller group of countries constituting the Eurozone. Ten national reports, describing the limits in their respective countries, form the basis of the general report.

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 volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts.

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 examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers.

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

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.

This volume examines the tax systems of some twenty countries to determine whether their tax laws are used to support growth and development across borders in lower-income and poor countries.

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.

Damages for Violations of Human Rights

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".

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia.This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions.

This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers.

This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on 'family law exceptionalism' by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist.

They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence.

This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers.

The general report is followed by a special report which covers the limits imposed by the European Union and by the smaller group of countries constituting the Eurozone. Ten national reports, describing the limits in their respective countries, form the basis of the general report.

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.

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.

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 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 Rights of the Child in a Changing World

This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account.

By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world.