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 systematic classification → Comparative law 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

Journal articles and book-items

Periodicals, serial publications

Bibliographies

 Systematic classification → Municipal law and comparative law

New titles


1. Can Legislative Reform Secure Rewards for Authors?
Can Legislative Reform Secure Rewards for Authors? / Exploring Options for the New Zealand Copyright Act / Lucy Elizabeth Kenner In: Victoria University of Wellington Law Review = ISSN 1171-042X: vol. 48, issue 4, page 571-597. - 2017
Keywords: New Zealand, United States of America, Germany, Copyright law, Rights relating to literary and artistic works, Intellectual property, Comparative law,

2. La reforma de los reglamentos de arbitraje y su impacto sobre el convenio arbitral
La reforma de los reglamentos de arbitraje y su impacto sobre el convenio arbitral = The amendment of arbitration rules and its impact on the arbitration agreement / Luis Gómez-Iglesias Rosón In: Revista de Derecho de la UNED (RDUNED) = ISSN 2255-3436: vol. 21, page 13-39. - 2017
Keywords: Commercial arbitration, Regulation, Amendments, Arbitration clause, Comparative law,

3. A Comparative Analysis of the Juvenile Death Penalty in the United States, Saudi Arabia, Iran, and China: Will It Be Abolished?
A Comparative Analysis of the Juvenile Death Penalty in the United States, Saudi Arabia, Iran, and China: Will It Be Abolished? / Nicholas J. Meyer In: ILSA Journal of International and Comparative Law = ISSN 1082-944X: vol. 24, issue 1, page 39-60. - 2017
Keywords: United States of America, Saudi Arabia, Iran, China, Juvenile, Capital punishment, Criminal law, Comparative law,

4. Who’s Afraid of Comparative Law?
Who’s Afraid of Comparative Law? : The (Side) Effects of Unification of Private International Law in Europe / Giesela Rühl In: European Review of Private Law = ISSN 1875-8371: vol. 25, issue 3, page 485-521. - 2017
Keywords: European Union, Court of Justice of the European Union, European private law, Private international law, Harmonisation, Comparative law,

5. A Comparative Study of Migrants' Access to Healthcare: Similarities and Differences between England, Germany, Italy, Spain, Canada, and the United States
A Comparative Study of Migrants' Access to Healthcare: Similarities and Differences between England, Germany, Italy, Spain, Canada, and the United States / Paula Casteñeda Restrepo In: ILSA Journal of International and Comparative Law = ISSN 1082-944X: vol. 24, issue 1, page 109-137. - 2017
Keywords: Great Britain, Germany, Italy, Spain, Canada, United States of America, Migration, Health, Medical services, Comparative law,

6. Emergency Laws in Comparative Constitutional Law – The Case of Sweden and Finland (Special Issue
Emergency Laws in Comparative Constitutional Law – The Case of Sweden and Finland (Special Issue : Böckenförde Beyond Germany) / Anna Jonsson Cornell$aut$ , Janne Salminen In: German Law Journal = ISSN 2071-8322: vol. 19, issue 2, page 219-249. - 2018
Keywords: Finland, Sweden, Constitutional law, State of emergency, Comparative law,

7. Experiência internacional na gestão de resíduos sólidos e seus reflexos ao modelo brasileiro de desenvolvimento sustentável
Experiência internacional na gestão de resíduos sólidos e seus reflexos ao modelo brasileiro de desenvolvimento sustentável / Marcos Gimenez In: Revista de direito constitucional e internacional = ISSN 1518-272X: vol. 106 (2018) (mar-apr), page 311-329. - 2018
Keywords: Brazil, Sustainable development, Waste, Management, Legal regime, Comparative law,

Librarian's choice

  • Roberts, A., Stephan, P.B., Verdier, P.-H., and Versteeg, M. (eds.), Comparative International Law, New York, Oxford University Press, 2017.

    Roberts, A., Stephan, P.B., Verdier, P.-H., and Versteeg, M. (eds.), Comparative International Law, New York, Oxford University Press, 2017.

    This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.

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  • Symeonides, S., Codifying Choice of Law around the World: an International Comparative Analysis, New York, Oxford University Press, 2017.

    Symeonides, S., Codifying Choice of Law around the World: an International Comparative Analysis, New York, Oxford University Press, 2017.

    This book chronicles, documents, and celebrates an extraordinary development in the history of Private International Law (PIL) or Conflict of Laws---a massive codification movement around the globe in the last 50 years (1962–2012). During this period, we have witnessed the adoption of more PIL codifications, Regulations, international conventions, protocols, and similar instruments (nearly 200) than in all previous years since the inception of PIL. The book provides a horizontal comparison and discussion of these codifications and conventions. After comparing the way they resolve tort and contract conflicts, the discussion compares the answers of these codifications to some of the fundamental philosophical and methodological dilemmas of PIL. In the process, the book re-examines certain widely held assumptions about choice of law and the art and science of codification in general.

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  • Siems, M., Comparative Law, Cambridge, Cambridge University Press, 2018.

    Siems, M., Comparative Law, Cambridge, Cambridge University Press, 2018.
    'Comparative law has transformed into a challenging and interdisciplinary field with a long intellectual history. Mathias Siems' welcomed addition to the field offers a stimulating and thoughtful introduction to a new kind of comparative law which is contextualised and cosmopolitan as to its nature. The book offers an insightful overview of key issues arising in the comparative study of law today. Siems skilfully deals with established approaches, but also provides cutting-edge views to socio-legal and statistical approaches as well as providing examples from politics, economics and development studies. The work by Siems is a concise synthesis and it is bound to enlighten and provoke its readers. This well-composed book makes wonderful reading for both students and scholars.' Review by Jaakko Husa, University of Lapland
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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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Systematic classification → Municipal law and comparative law