Bücher der Reihe Ius Comparatum - Global Studies in Comparative Law

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.

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.

Damages for Violations of Human Rights

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

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.

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 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.

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 book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions.

The Rights of the Child in a Changing World

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.

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

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.

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.

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.