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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Bibliography

Reference works

Books

Leading articles

Periodicals, serial publications

Bibliographies

New titles


1. How Do East and West Meet in Arbitration Discourse?
How Do East and West Meet in Arbitration Discourse? / Tarja Salmi-Tolonen. - Bern : Peter Lang. - Page 131-153 In: Arbitration Discourse in Asia / Vijay K. Bhatia & Maurizio Gotti (eds), ISBN 9783034320320: (2015), Page 131-153. - 2015
Keywords: International commercial arbitration, Commercial arbitration, Comparative law,

2. Exploring Med-Arb and Arb-Med Discourse in China
Exploring Med-Arb and Arb-Med Discourse in China : Challenges and Prospects / Joanna Jemielniak. - Bern : Peter Lang. - Page 155-182 In: Arbitration Discourse in Asia / Vijay K. Bhatia & Maurizio Gotti (eds), ISBN 9783034320320: (2015), Page 155-182. - 2015
Keywords: China, International commercial arbitration, Commercial arbitration, Alternative dispute resolution, Comparative law,

3. Risk of Loss and its Passing to the Buyer under the New Civil Code in Comparison with CISG
Risk of Loss and its Passing to the Buyer under the New Civil Code in Comparison with CISG / Petra Joanna Pipková In: ELTE Law Journal = ISSN 2064-4965: (2014), issue 2, page 131-141. - 2014
Keywords: Czech Republic, Law of contracts, Sale, Risks, Civil code, United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980), Comparative law,

4. Hungarian Fiduciary Asset Management Contracts in the Context of Czech Law
Hungarian Fiduciary Asset Management Contracts in the Context of Czech Law / Miloš Koci In: ELTE Law Journal = ISSN 2064-4965: (2014), issue 2, page 143-153. - 2014
Keywords: Czech Republic, Hungary, Civil law, Trusts, Civil code, Comparative law,

5. New Regulated Credit and Loan Agreements in the New Czech and Hungarian Civil Codes
New Regulated Credit and Loan Agreements in the New Czech and Hungarian Civil Codes / Rita Sik-Simon In: ELTE Law Journal = ISSN 2064-4965: (2014), issue 2, page 173-181. - 2014
Keywords: Czech Republic, Hungary, Law of contracts, Credit, Loans, Civil code, Comparative law,

6. The Development of Cohabitation and Cohabitation Law in the Nordic Countries
The Development of Cohabitation and Cohabitation Law in the Nordic Countries / Göran Lind. - Cambridge : Intersentia. - Page 1-55 In: Nordic Cohabitation Law / John Asland, Margareta Brattström, Göran Lind, Ingrid Lund-Andersen, Anna Singer, Tone Sverdrup, ISBN 9781780683249: (2015), Page 1-55. - 2015
Keywords: Nordic countries, Cohabitation, Harmonisation, Family law, Comparative law,

7. Property Issues in Cohabitation Relationships
Property Issues in Cohabitation Relationships / Margareta Brattström. - Cambridge : Intersentia. - Page 57-107 In: Nordic Cohabitation Law / John Asland, Margareta Brattström, Göran Lind, Ingrid Lund-Andersen, Anna Singer, Tone Sverdrup, ISBN 9781780683249: (2015), Page 57-107. - 2015
Keywords: Nordic countries, Cohabitation, Property, Marital property, Family law, Comparative law,

8. Financial Settlements on Termination of Cohabitation
Financial Settlements on Termination of Cohabitation / Ingrid Lund-Andersen. - Cambridge : Intersentia. - Page 109-160 In: Nordic Cohabitation Law / John Asland, Margareta Brattström, Göran Lind, Ingrid Lund-Andersen, Anna Singer, Tone Sverdrup, ISBN 9781780683249: (2015), Page 109-160. - 2015
Keywords: Nordic countries, Cohabitation, Marital property, Family law, Comparative law,

9. The Legal Position of the Surviving Cohabitant
The Legal Position of the Surviving Cohabitant / John Asland. - Cambridge : Intersentia. - Page 161-210 In: Nordic Cohabitation Law / John Asland, Margareta Brattström, Göran Lind, Ingrid Lund-Andersen, Anna Singer, Tone Sverdrup, ISBN 9781780683249: (2015), Page 161-210. - 2015
Keywords: Nordic countries, Cohabitation, Law of succession, Family law, Comparative law,

10. The Relevance of Cohabitation for Parental Rights
The Relevance of Cohabitation for Parental Rights / Anna Singer. - Cambridge : Intersentia. - Page 211-239 In: Nordic Cohabitation Law / John Asland, Margareta Brattström, Göran Lind, Ingrid Lund-Andersen, Anna Singer, Tone Sverdrup, ISBN 9781780683249: (2015), Page 211-239. - 2015
Keywords: Nordic countries, Cohabitation, Parental responsibilities, Family law, Comparative law,

11. The Distinctive Legal Nature of Cohabitation Relationships and the Need for Legislation
The Distinctive Legal Nature of Cohabitation Relationships and the Need for Legislation / Tone Sverdrup. - Cambridge : Intersentia. - Page 241-266 In: Nordic Cohabitation Law / John Asland, Margareta Brattström, Göran Lind, Ingrid Lund-Andersen, Anna Singer, Tone Sverdrup, ISBN 9781780683249: (2015), Page 241-266. - 2015
Keywords: Nordic countries, Cohabitation, Family law, Comparative law,

12. Discussion of Legal Policy
Discussion of Legal Policy : Principles for Regulating Cohabitation Relationships / Ingrid Lund-Andersen. - Cambridge : Intersentia. - Page 267-282 In: Nordic Cohabitation Law / John Asland, Margareta Brattström, Göran Lind, Ingrid Lund-Andersen, Anna Singer, Tone Sverdrup, ISBN 9781780683249: (2015), Page 267-282. - 2015
Keywords: Nordic countries, Cohabitation, Harmonisation, Family law, Comparative law,

Librarian's choice

  • 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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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.

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