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. Comparative law
Comparative law / Mathias Siems. - Cambridge : Cambridge University Press, 2014. - XX, 416 pages. : illustrations. ; 26 cm. - (Law in context) References: page 318-400. - With notes and index. - 2014
Keywords: Comparative law,

2. L'arbitrato nel diritto comparato
L'arbitrato nel diritto comparato / Giorgio Recchia ; a cura di Tommaso Edoardo Frosini. - [Padova] : CEDAM, 2014. - XVII, 239 pages. ; 24 cm. - (CISR, Centro italiano per lo sviluppo della ricerca ; 38) Bibliography of Giorgio Recchia about abitration: page 221-225. - Bibliography: page 227-239. - With notes. - 2014
Keywords: Arbitration, Arbitration clause, Arbitral awards, Comparative law, International arbitration, Human rights,

3. al-Taʿāmul bi-al-šarṭ al-ǧazāʾī bayna al-šarīʿa wa-al-qānūn
al-Taʿāmul bi-al-šarṭ al-ǧazāʾī bayna al-šarīʿa wa-al-qānūn : dirāsa muqārina / Nāṣir Aḥmad Ibrāhīm al- Našawī. - al-Iskandariyya : Maktabat al-Wafāʾ al-Qānūniyya, 2013. - 955 pages. ; 25 cm With notes. - 2013
Keywords: Islamic countries, Clauses, Penalty, Contractual obligations, Torts, Compensation for damage, Deposit, Islamic law, Fiqh, Comparative law,

4. Informal Practice in the Judiciary: A Comparison of East Central Europe, South East Europe and the West Balkans
Informal Practice in the Judiciary: A Comparison of East Central Europe, South East Europe and the West Balkans / Åse B. Grødeland. - Leiden ; Boston : Brill Nijhoff. - Page 95-150 In: East European Faces of Law and Society: Values and Practices / edited by William B. Simons, ISBN 9789004272576: (2014), Page 95-150. - 2014
Keywords: Eastern Europe, Central Europe, Balkans, Judicial organisation, Countries in transition, Comparative law, Legal systems, Communism,

5. Performance and Warranty Articles in Space Industry Contracts
Performance and Warranty Articles in Space Industry Contracts / Ines Scharlach. - Farnham [etc.] : Ashgate In: Contracting for Space : Contract Practice in the European Space Sector / ed. by Lesley Jane Smith, Ingo Baumann, ISBN 9781409419235: (2011) - 2011
Keywords: Great Britain, France, Germany, Space, Liabilty for defect of title, Contracts, Clauses, Legal regime, Comparative law,

6. Even if you steal it, it would be admissible - rechtswidrig erlangte Beweismittel im Zivilprozess
Even if you steal it, it would be admissible - rechtswidrig erlangte Beweismittel im Zivilprozess / Georg E. Kodek. - München : Sellier In: Recht ohne Grenzen : Festschrift für Athanassios Kaissis zum 65. Geburtstag / hrsg. von Reinhold Geimer, Rolf A. Schütze, ISBN 3866531931: (2012) - 2012
Keywords: Evidence, Law of civil procedure, Comparative law,

7. Der Beweiswert rechtgeschäftlicher Urkunden im Kollisionsrecht
Der Beweiswert rechtgeschäftlicher Urkunden im Kollisionsrecht / Ulrich Spellenberg. - München : Sellier In: Recht ohne Grenzen : Festschrift für Athanassios Kaissis zum 65. Geburtstag / hrsg. von Reinhold Geimer, Rolf A. Schütze, ISBN 3866531931: (2012) - 2012
Keywords: European Union, Authentic acts, Effects of foreign instruments, Evidence, Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), Private international law, Comparative law,

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  • 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.

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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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