01 September 2015

Opinio Juris in Comparatione

Opinio Juris in Comparatione Vol. I, n.1, 2015 is online

 
We are pleased to announce the publication of new Issue of Opinio Juris in Comparatione Vol. I, n. 1, 2015 
Opinio Juris in Comparatione is an electronic full Open Access Journal devoted to “Studies in Comparative and National Law”. It aims at enhancing the dialogue among all legal traditions in a broad sense. The intent of diffusing contributions on national law, as well and not only to focus on comparative issues, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system).
For more information, please visit our website www.opiniojurisincomparatione.org.

Table of Contents

Articles

Alessandra Pera, Marina Nicolosi

Federico Della Negra


Lezioni Pisane di Diritto Civile

Gert Brüggemeier


Selected Conference Proceedings

Célia Zolynski, Romain Perray


Gianclaudio Malgieri


Francesco Lazzeri


News and book reviews

Master of Arts in International Relations- Curriculum International Trade - Università degli Studi di Palermo
Editorial Team Opinio Juris in Comparatione

The Impact of Corruption on International Commercial Contracts

The Impact of Corruption on International Commercial Contracts

Editors: Bonell, Michael Joachim, Meyer, Olaf (Eds.)

Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 11

Springer Alert

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Disgorgement of Profits

Disgorgement of Profits

Gain-Based Remedies throughout the World

Editors: Hondius, Ewoud, Janssen, Andre (Eds.)

Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 8
Springer Alert

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits.
This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Affirmative Action Policies and Judicial Review Worldwide

Gerapetritis, George

Affirmative Action Policies and Judicial Review Worldwide

Book Series: Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 47
Springer Alert

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

CONFRONTING TERRORISM: QUO VADIS AFRICAN UNION?

Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism laws in existence. Africa has a union, known as African Union (AU), comprised of independent States in Africa, except Morocco. It has a notable anti-terrorism law, known as the OAU Convention on Prevention and Combating of Terrorism and other national anti-terrorism laws in existence in its Member States nations.
Despite all these anti-terrorism laws, including the Plan of Action for the Prevention and Combating of Terrorism and the Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase daily on the continent.
This book reviews the afore-mentioned OAU (AU) Conventions on Prevention and Combating Terrorism and also identifies its deficiencies and analyzes its inefficacies in preventing and combating terrorism in Africa. It also reviews Member States’ compliance with International Law and UN requirements for combating terrorism and their response to the Convention. It, therefore, argues that terrorism will be better combated on a regional level rather than leaving it to the individual Member States; thus recommending, for effective means of combating terrorism, AU should establish a regional court vest with the jurisdiction of terrorism on the Continent of Africa.
Dr. (Mrs) Chinyere Christiana Okpala Chukwuka was born in Nigeria. She obtained an LL.B. (Hons) from Nnamdi Azikiwe University, Awka, Anambra State of Nigeria and B.L from Nigeria Law School, Abuja, Nigeria. She was admitted to the Nigerian Bar in 2003. She practiced law in Nigeria for a few years before proceeding to Whittier Law School, where she obtained an LL.M in American Legal Jurisprudence with Certification in International Law. Afterwards, she obtained an SJD in International Legal Studies from Golden Gate University School of Law.
Ebook available (ISBN: 9781600422737 | $ 29.95)  Purchase ebook

27 August 2015

Conference in Regensburg March 2016

The General German Commercial Code (ADHGB) of 1861 as a common law of obligations in Central Europe 

Contact:
Prof. Dr. Martin Löhnig
Universität Regensburg
Juristische Fakultät
Lehrstuhl für Bürgerliches Recht, Deutsche
und Europäische Rechtsgeschichte sowie
Kirchenrecht
93040 Regensburg
www.martin-loehnig.de

23 July 2015

JOURNAL NEW ISSUE ANNOUNCEMENT: Global jurist: Special Issue Law and Boundaries 2014

A new special issue of Global Jurist has just been published: this special issue collects some of the most interesting papers presented during the conference: "Law and Boundaries 2014".

Click here for the table of content of this issue.

01 July 2015

BOOK ANNOUNCEMENT: Thomson on The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland

Stephen Thomson,
The Nobile Officium:  The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland

An ambitious new text has just been published on the nobile officium – the extraordinary equitable jurisdiction of the Supreme Courts of Scotland.  The author, Stephen Thomson, spoke about this unusual jurisdiction at the conference “Filling the Gaps:  The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond” at the University of Catania in May 2013, co-organised by the World Society of Mixed Jurisdiction Jurists.


The nobile officium enables the Supreme Courts of Scotland to (i) supply a legal norm where an existing norm is deficient, unavailable or absent, or (ii) provide alleviation where the application of an existing norm would be unduly excessive, oppressive or burdensome.  The jurisdiction has found application across broad areas of civil and criminal jurisdiction, and continues to form an important aspect of procedural law.

Dr. Thomson has brought his research forward to the point of publication and produced the first ever text to systematically examine the nobile officium.  Of potential interest to Juris Diversitas readers, this text provides a unique national case study in equitable jurisdiction (and moreover in a mixed jurisdiction).  Dr. Thomson launched the book with a lecture to distinguished practitioners, scholars and invited guests at the Faculty of Advocates and Supreme Courts of Scotland, Parliament House, Edinburgh.  The text has been well received, carrying a foreword by Lord Hope of Craighead KT, former Deputy President of the UK Supreme Court.

COVER TEXT

The nobile officium of the Court of Session and the High Court of Justiciary is a long-established but elusive power. The extraordinary equitable jurisdiction of the Supreme Courts of Scotland continues to be relevant and useful today but its scope and limitations are poorly understood. This is the first book to systematically examine the nobile officium. Placing it in its historical and conceptual context, the book explores the development and application of the nobile officium in such diverse areas as:
ñ  Trusts
ñ  Judicial factors, curators, tutors and guardians
ñ  Bankruptcy, insolvency and sequestration
ñ  Custody of children
ñ  Public officers
ñ  Statutory omissions
ñ  Civil procedure
ñ  Criminal law and procedure
This ambitious text provides original and informative commentary and analysis for practitioners, teachers and students of Scots law.
“A work of real scholarship which makes a significant contribution to the literature on Scots law.” Lord Hope of Craighead

THE AUTHOR

Stephen Thomson is an Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong.  He holds a Ph.D. in constitutional and administrative law from the University of Edinburgh.

BOOK DETAILS

Avizandum Publishing
May 2015
300 pages
ISBN 9781904968337
£48.00


The book is available for purchase here and at a number of other outlets.

30 June 2015

CALL FOR APPLICATIONs: Editorship of Legal Studies

The Society of Legal Scholars invites applications from members for the editorship of its prestigious journal Legal Studies.
The Society is looking for an editorial team or individual editor who can build on the success
of both the present and past editors. The editors are ex officio members of the Society’s Council and Executive Committee and are appointed for five years.
The current editors, Professors Imelda Maher, Blanaid Clarke, Fiona de Londras and Colin Scott have indicated their wish to stand down by September 2016, allowing a handover period to ensure a smooth transition so the new editor or editorial team can take responsibility for the first issue of 2017.
The journal is in a healthy position: competition for space in the journal is intense, with a large number of high quality submissions, and it has one of the biggest print-runs of UK academic law journals.  The Society is also well served by its current publishers, Wiley-Blackwell. It now has an International Advisory Board and submissions and reviews are managed via ‘ScholarOne’.
Individuals, pairs or teams of individuals who wish to be considered for the editorship of Legal Studies should submit applications which include the following:
(1) A “mission statement” setting out the following:
(a) the proposed editorial policy for the journal;
(b) any proposed changes to the journal’s format;
(c) a brief description of how the administration of the journal would be dealt with and, where there would be a team editorial board, how the responsibilities would be divided.
Statements should be limited to 2,000 words.
(2) A summary CV (max 2 sides of A4) for each individual who is proposed to have an editorial role, which should provide details of previous editorial experience.
(3) The name, address and full contact details of either the individual applicant or a nominated individual contact where two or more individuals are applying together.
Applications should be sent by email to the Honorary Secretary, Professor Richard Taylor (RDTaylor@uclan.ac.uk) to arrive by 31 December 2015. The Society's Executive Committee is expected to appoint a sub-committee to consider applications. That sub-committee may decide to invite shortlisted applicants for interview in February or March 2016.
Professor Imelda Maher would be happy to respond to enquiries to the current Editors.  She can be contacted at imelda.maher@ucd.ie

22 June 2015

Call for Papers: 'Urban Africa' - Turin, October 2015

Turin, 16-17 October 2015


Urban Africa Economy,

populations, cultures 


Call for papers 


The Centre for African Studies (CSA) and the Association for African Studies in Italy (ASAI), in collaboration with the Department of Cultures, Politics and Society of the University of Turin and the Department of Architecture and Design of the Polytechnic University of Turin, organize an interdisciplinary conference on “Urban Africa”

See the call for papers at http://urbanafrica.it and download in English from this link

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