Comparative Law

Introduction

Comparative Law - Research Guide International Law

Comparative Law is the study of the relationship between legal systems or between rules of more than one system, their differences and similarities. Comparative Law is a method of comparing legal systems, and such comparison produces results relating to the different legal cultures being analysed. Comparative Law also plays a role in a better understanding of foreign legal systems. In this age of globalization and the complexity and intertwinement of international public and private law, it plays an increasing important role in international harmonization and unification of laws, thereby leading to more international cooperation and a better world order. Legislators increasingly make use of foreign law in drafting new legislation and in more and more countries courts draw inspiration from abroad as well. The increasing importance of comparing legal systems is true not only for the academic discipline of Comparative Law as such (where the focus is usually on methodology), but also for specific areas of law.

This Research Guide is intended as a starting point for research on Comparative Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 347. Comparative Law in General and subject heading (keyword) Comparative Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Tagged with:

Bibliography

Reference works 

Books 

Leading articles 

Periodicals, serial publications

Bibliographies

New titles


1. Le discipline dei licenziamenti in Europa
Le discipline dei licenziamenti in Europa : ricognizioni e confronti / a cura di Marcello Pedrazzoli ; con scritti di: Riccardo Del Punta, Luca Nogler, Marcello Pedrazzoli, Adalberto Perulli, Giulio Centamore, Sabrina Grivet-Fetà, Federico Martelloni, Chiara Pederzoli, Luca Ratti. - Ristampa. - Milano : FrancoAngeli, 2014. - 432 pages. ; 25 cm. - (Diritto del Lavoro) Bibliography: pages 413-432. - 2014
Keywords: Europe, Employment, Termination of employment, Labour law, Comparative law,

2. The death penalty
The death penalty : a worldwide perspective / Roger Hood and Carolyn Hoyle, Centre for Crimonology, University of Oxford. - Fifth edition, revised and updated. - Oxford, United Kingdom : Oxford University Press, 2015. - xiv, 597 pages. : illustrations. ; 25 cm Includes bibliographical references (pages 525-569) and index. - 2015
Keywords: Capital punishment, Abolition, Criminal law, Comparative law, Human rights, Criminality, International law and domestic law, E-books,

3. Can One Inherit a Home as Opposed to a House?
Can One Inherit a Home as Opposed to a House? : a Normative and Comparative Perspective / Shelly Kreiczer-Levy In: Arizona Journal of International and Comparative Law = ISSN 0743-6963: vol. 31, issue 3, page 735-758. - 2014
Keywords: Property, Law of succession, Comparative law, Social conditions, Sociology of law,

4. La nuova disciplina dei licenziamenti ingiustificati alla prova del diritto comparato
La nuova disciplina dei licenziamenti ingiustificati alla prova del diritto comparato / di Luca Nogler. - Milano : FrancoAngeli. - Page 221-251 In: Le discipline dei licenziamenti in Europa : ricognizioni e confronti / a cura di Marcello Pedrazzoli, ISBN 9788820457181: (2014), Page 221-251. - 2014
Keywords: Employment, Termination of employment, Labour law, Comparative law,

5. Licenziamenti in comparazione
Licenziamenti in comparazione : la "flessibilità in uscita" nei paesi europei e la recente riforma italiana / di Marcello Pedrazzoli. - Milano : FrancoAngeli. - Page 285-346 In: Le discipline dei licenziamenti in Europa : ricognizioni e confronti / a cura di Marcello Pedrazzoli, ISBN 9788820457181: (2014), Page 285-346. - 2014
Keywords: Italy, Employment, Termination of employment, Labour law, Reform, Comparative law,

6. Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions
Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions / Joongi Kim. - Leiden ; Boston : Brill Nijhoff. - Page 718-730 In: Reshaping the Investor-State Dispute Settlement System : Journeys for the 21st Century / edited by Jean E. Kalicki and Anna Joubin-Bret, ISBN 9789004291096: (2015), Page 718-730. - 2015
Keywords: International Centre for Settlement of Investment Disputes, Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington, D.C., 18 March 1965), Foreign direct investment, Investment arbitration, Comparative law,

7. Verblijfsvergunningen voor investeerders in Nederland en de EU
Verblijfsvergunningen voor investeerders in Nederland en de EU : Ius pecuniae en vreemdelingenrecht / Luuk van der Baaren In: Asiel & migrantenrecht = ISSN 1879-8128: vol. 6, issue 3, page 107-111. - 2015
Keywords: European Union, The Netherlands, Residence, Aliens, Foreign direct investment, Comparative law, Community law and municipal law, Visa, Emigration and immigration,

8. Foreword - Informal Constitutional Change: a Critical Introduction and Appraisal
Foreword - Informal Constitutional Change: a Critical Introduction and Appraisal / Carlos Bernal In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 3, page 493-513. - 2014
Keywords: Constitutional law, Reform, Amendments, Comparative law,

9. In Search of an Identity: Voluntary Foreign Citations in Discordant Constitutional Settings
In Search of an Identity: Voluntary Foreign Citations in Discordant Constitutional Settings / Ran Hirschl In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 3, page 547-584. - 2014
Keywords: Constitutional Court, Constitutional law, Interpretation, Case-law, Foreign law, Comparative law,

10. Separation of Powers and the Growth of Judicial Review in Established Democracies (or Why Has the Model of Legislative Supremacy Mostly Been Withdrawn From Sale?)
Separation of Powers and the Growth of Judicial Review in Established Democracies (or Why Has the Model of Legislative Supremacy Mostly Been Withdrawn From Sale?) / Stephen Gardbaum In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 3, page 613-639. - 2014
Keywords: Democracy, Separation of powers, Judicial power, Judicial review of legislation, Constitutional law, Comparative law,

11. The Political Economy of Regulating Contract
The Political Economy of Regulating Contract / Aditi Bagchi In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 3, page 687-738. - 2014
Keywords: Consumers, Employment, Contracts, Legal regime, Comparative law,

12. Blasphemy, Holocaust Denial, and the Control of Profoundly Unacceptable Speech
Blasphemy, Holocaust Denial, and the Control of Profoundly Unacceptable Speech / Neville Cox In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 3, page 739-774. - 2014
Keywords: Blasphemy, Revisionism, Freedom of expression, Islamic countries, West, Comparative law,

13. L"obligation de renégociation du contrat
L"obligation de renégociation du contrat / Pascale Accaoui Lorfing In: Revue de droit international et de droit comparé = ISSN 0775-4663: vol. 92, issue 2, page 233-277. - 2015
Keywords: Revision, International contracts, Hardship clause, Rebus sic stantibus, Private international law, Comparative law,

14. Survival of the Fittest(?)
Survival of the Fittest(?) : the Endurance of the ROC Constitution and the Constitution of Japan / Chien-Chih Lin In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 3, page 775-806. - 2014
Keywords: Japan, Taiwan, Constitutional law, Comparative law,

15. Comparative Law and Its Clients
Comparative Law and Its Clients / Jürgen Basedow In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 4, page 821-857. - 2014
Keywords: Comparative law, Legal research,

16. Economic and Social Rights in National Constitutions
Economic and Social Rights in National Constitutions / Courtney Jung, Ran Hirschl, Evan Rosevaer In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 4, page 1043-1093. - 2014
Keywords: Constitutional law, Economic, social and cultural rights, Comparative law,

17. The Faces of Judicial Independence
The Faces of Judicial Independence : Democratic versus Bureaucratic Accountability in Judicial Selection, Training, and Promotion in South Korea and Taiwan / Neil Chisholm In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 4, page 893-950. - 2014
Keywords: South Korea, Taiwan, Judicial independence, Comparative law,

18. Ex Ante Versus Ex Post Deliberations: Two Models of Judicial Deliberations in Courts of Last Resort
Ex Ante Versus Ex Post Deliberations: Two Models of Judicial Deliberations in Courts of Last Resort / Mathilde Cohen In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 4, page 951-1007. - 2014
Keywords: France, United States of America, Europe, Constitutional Court, Supreme court, Decision-making, Comparative law,

19. The Need for a Methodological Framework for Comparative Legal Research
The Need for a Methodological Framework for Comparative Legal Research : Sense and Nonsense of "Methodological Pluralism" in Comparative Law / by Marieke Oderkerk In: Rabels Zeitschrift fur Auslandisches und Internationales Privatrecht = The Rabel Journal of Comparative and International Private Law = ISSN 0033-7250: vol. 79, issue 3, page 589-623. - 2015
Keywords: Legal research, Methodology, Comparative law,

20. The History of Precaution
The History of Precaution / Noga Morag-Levine In: American Journal of Comparative Law = ISSN 0002-919X: vol. 62, issue 4, page 1095-1131. - 2014
Keywords: United States of America, European Union, Precautionary principle, Risk assessment, Comparative law,

21. Protecting the Right to Freedom of Sexual Orientation: What can Uganda Learn from South Africa
Protecting the Right to Freedom of Sexual Orientation: What can Uganda Learn from South Africa / by John C. Mubangizi, Ben Kiromba Twinomugisha In: Stellenbosch Law Review = ISSN 1016-4359: vol. 22, issue 2, page 330-351. - 2011
Keywords: South Africa, Uganda, Sexual orientation, Human rights, Comparative law,

22. A Comparative Analysis of the Connection and the Standing Threshold Requirements under Section 24(2) of the Canadian Charter and Section 35(5) of the Constitution of the Republic of South Africa, 1996
A Comparative Analysis of the Connection and the Standing Threshold Requirements under Section 24(2) of the Canadian Charter and Section 35(5) of the Constitution of the Republic of South Africa, 1996 / by Dane Ally In: Stellenbosch Law Review = ISSN 1016-4359: vol. 22, issue 2, page 376-395. - 2011
Keywords: South Africa, Canada, Constitutions, Constitutional law, Comparative law, Criminal justice, Evidence, Trials, Canadian Charter of Rights and Freedoms,

23. Fourth EU AML Directive: What is Missing?
Fourth EU AML Directive: What is Missing? : Section 319 Patriot Act and the New EU AML Directive / Daniele Canestri In: European Journal of Crime Criminal Law and Criminal Justice = ISSN 0928-9569: vol. 23, issue 3, page 214-240. - 2015
Keywords: United States of America, European Union, Money laundering, Law enforcement, Extraterritorial jurisdiction, Comparative law,

24. The Future EU PNR System: Will Passenger Data be Protected?
The Future EU PNR System: Will Passenger Data be Protected? / Cristina Blasi Casagran In: European Journal of Crime Criminal Law and Criminal Justice = ISSN 0928-9569: vol. 23, issue 3, page 241-257. - 2015
Keywords: European Union, Terrorism, Member states, Databases, Data protection, European security, Comparative law,

Librarian's choice

These publications are selected for you by .

  • Ginsburg, T., P.G. Monateri and F. Parisi (eds.), Classics in Comparative Law, Volume I: Methodology, Cheltenham, Edwar Elgar Publishing, 2014.

    Ginsburg, T., P.G. Monateri and F. Parisi, Classics in Comparative Law, Volume I: Methodology, Cheltenham, Edwar Elgar Publishing, 2014.

    Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an original introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.

    View this title in our link resolver Plinklet
  • Bogdan, M., Concise Introduction to Comparative Law, Groningen, Europa Law Publishing, 2013.

    Bogdan, M., Concise Introduction to Comparative Law, Groningen, Europa Law Publishing, 2013.

    In today’s globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general.

    View this title in our link resolver Plinklet
  • Clark, D.S. (ed.), Comparative Law and Society, Cheltenham, Elgar, 2012.

    Clark, D.S. (ed.), Comparative Law and Society, Cheltenham, Elgar, 2012.

    Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date.

    View this title in our link resolver Plinklet
  • Monateri, P.G. (ed.), Methods of Comparative Law, Cheltenham, Elgar, 2012.

    Monateri, P.G. (ed.), Methods of Comparative Law, Cheltenham, Elgar, 2012.

    Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.

    View this title in our link resolver Plinklet
  • Busanni, M. and U. Mattei (eds.), Comparative Law, New York, Cambridge University Press, 2012.

    Busanni, M. and U. Mattei (eds.), Comparative Law, New York, Cambridge University Press, 2012.

    We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the ‘deeper structures’ where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world’s legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

    View this title in our link resolver Plinklet
  • Adams, M. and J. Bomhoff (eds.), Practice and Theory in Comparative Law, Cambridge, Cambridge University Press, 2012.

    Adams, M., J., Bomhoff (eds.), Practice and Theory in Comparative Law, Cambridge, Cambridge University Press, 2012.

    What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.

    View this title in our link resolver Plinklet

Database

Blogs

  • (Judicial) Constitutional Review in the Netherlands: A Comparative Law Blog

    With the provincial elections coming up, the Dutch Legislature this week discussed another important and long discussed topic in Dutch politics. The Dutch parliament for the second time reads the bill that would make judicial constitutional review in the Netherlands possible with regard to certain named constitutional provisions detailing constitutional rights. A bill first introduced by former Second Chamber member Halsema in 2002.

    Read more

See also

More Research guides on Other Subjects

PPL keywords

Comments are closed.