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.

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1. Les recommandations de prix en droit suisse et en droit européen de la concurrence
Les recommandations de prix en droit suisse et en droit européen de la concurrence / Dimitri Antipas. - Berne : Stämpfli Editions SA, 2014. - LXXV, 475 pages. ; 23 cm Doctoral dissertation at Université de Lausanne, Faculté de droit, des sciences criminelles et d'administration publique, 2013. - Bibliography: page XXXIX-LXXII. - With notes. - 2014
Keywords: Switzerland, European Union, Cartels and monopolies, Prices, Comparative law,

2. European Collective Redress: a Status Quaestionis
European Collective Redress: a Status Quaestionis / Stefaan Voet In: International Journal of Procedural Law = ISSN 2034-5275: vol. 4, issue 1, page 97-128. - 2014
Keywords: European Union, Class actions, Member states, Comparative law, Law of european civil procedure, Law of civil procedure,

3. Das rechtliche Gehör vor Gericht im europäischen Recht
Das rechtliche Gehör vor Gericht im europäischen Recht : die Gewährleistungen der Europäischen Menschenrechtskonvention und ihr Einfluss auf den prozessualen Grundrechtsschutz in der Europäischen Union / Peter Philipp Germelmann. - Baden-Baden : Nomos, 2014. - 466 pages. ; 23 cm. - (Schriftenreihe Europäisches Recht, Politik und Wirtschaft ; Band 379) Also published electronically. - Originally dissertation at Freie Universität Berlin, 2013. - Bibliography: page 447-460. - With notes and index. - 2014
Keywords: Germany, European Union, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), Fair administration of justice, Constitutional law, Comparative law,

4. In a Manner of Speaking: how do Common, Civil and European Law compare?
In a Manner of Speaking: how do Common, Civil and European Law compare? / by Lord Mance, London In: Rabels Zeitschrift fur Auslandisches und Internationales Privatrecht = The Rabel Journal of Comparative and International Private Law = ISSN 0033-7250: vol. 78, issue 2, page 231-251. - 2014
Keywords: Europe, Great Britain, Legal systems, Common law, Civil law countries, Comparative law,

5. Constitutional Courts in East Asia
Constitutional Courts in East Asia / Tom Ginsburg. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 47-79 In: Comparative Constitutional Law in Asia / edited by Rosalind Dixon and Tom Ginsburg, ISBN 9781781002698: (2014), Page 47-79. - 2014
Keywords: East Asia, Constitutional law, Constitutions, Comparative law, Constitutional Court,

6. Constitutions and Emergency Regimes in Asia
Constitutions and Emergency Regimes in Asia / Victor V. Ramraj. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 200-224 In: Comparative Constitutional Law in Asia / edited by Rosalind Dixon and Tom Ginsburg, ISBN 9781781002698: (2014), Page 200-224. - 2014
Keywords: East Asia, Constitutional law, Constitutions, Comparative law, Constitutional Court, State of emergency, Constitutionalism,

7. The Right to Property in Asia
The Right to Property in Asia / Tom Allen. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 250-276 In: Comparative Constitutional Law in Asia / edited by Rosalind Dixon and Tom Ginsburg, ISBN 9781781002698: (2014), Page 250-276. - 2014
Keywords: Asia, Constitutional law, Constitutions, Comparative law, Constitutional theory, Philosophy of law, Constitutionalism, Property, Land ownership, Civil and political rights,

8. Eqality in Asia
Eqality in Asia / Kate O'Regan and Madhav Khosla. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 277-315 In: Comparative Constitutional Law in Asia / edited by Rosalind Dixon and Tom Ginsburg, ISBN 9781781002698: (2014), Page 277-315. - 2014
Keywords: Asia, Equality, Women, Case-law, Constitutions, Constitutions, Human rights, International law and domestic law, Comparative law,

9. Privacy Protections and the Surveillance State: Bridging the Transatlantic Divide
Privacy Protections and the Surveillance State: Bridging the Transatlantic Divide / Christopher Swift In: International Trade Law and Regulation = ISSN 1357-3136: vol. 19, issue 4, page 75-77. - 2013
Keywords: United States of America, European Union, Data protection, Privacy, Surveillance operations, Multinational enterprises, International trade, Comparative law,

10. Rechtsvergleichung vor Gericht
Rechtsvergleichung vor Gericht : legitim, nützlich, praktikabel? / Professor Dr. Thomas Kadner Graziano In: Recht der internationalen Wirtschaft = ISSN 0340-7926: vol. 60, issue 8, page 473-487. - 2014
Keywords: United States of America, Europe, Judicial power, Foreign law, Judicial activism, Comparative law,

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • Smits, J.M. (ed.), Elgar Encyclopedia of Comparative Law, Cheltenham, Elgar, 2012.

    Salankey Rao, S., Trafficking of Children for Sexual Exploitation: Public International Law 1864-1950, New Delhi, Oxford University Press, 2013.

    Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries’ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

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