25 May 2017

Asia Pacific Journal of Environmental Law

ASIA PACIFIC JOURNAL OF ENVIRONMENTAL LAW
Free access to apjel Volume 19

25 May 2017
Dear reader,
The IUCN Academy of Environmental Law's annual Colloquium in Cebu, the Philippines will soon start and to mark the occasion, we are delighted to offer free access until 14th June to the current issue of APJEL (Volume 19).
Please feel welcome to share the good news, and also recommend the journal to your library.
With best wishes,

Ben Booth
Senior Commissioning Editor, Environmental Law

FREE ARTICLES
Editorial
Articles
Country Report
Book Reviews


17 May 2017

Max Planck Encyclopedia of Comparative Constitutional Law

Oxford University Press launches the
Max Planck Encyclopedia of Comparative Constitutional Law

Your launchpad for global constitutional research

·         Developed for use by constitutional lawyers, academics, and students
·         Provides comprehensive analysis of constitutional law topics in a comparative context
·         Linked to the constitutional texts so users can verify accuracy of commentary
·         Built with accessibility in mind, with browsing by subject matter and simple search functionality

Oxford University Press is delighted to announce the launch of the Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL), a new addition to the Oxford Constitutional Law family.

The Max Planck Encyclopedia of Comparative Constitutional Law offers a global overview of constitutional law in a comparative context via painstakingly researched articles, and was developed with constitutional lawyers, academics, and students in mind. The online resource provides seamless navigation between encyclopedia articles, linking to English versions of the constitutional documents mentioned in articles and hosted on our Oxford Constitutions of the World and US Constitutional Law products, as well as through references from the Oxford Law Citator.

Developed in partnership with the team of editors at the Max Planck Foundation for International Peace and the Rule of Law, the Max Planck Encyclopedia of Comparative Constitutional Law has launched with 70 articles from more than 60 different authors, providing analytical coverage of constitutional law topics in a comparative context. This will grow to include over 500 articles once fully established, linked by an intuitive subject and keyword search functionality.

The articles define and cover the underpinnings of state formation and constitutional law, as well as analysing and explaining from a global comparative perspective a number of foundational legal concepts, such as:

·         Human rights
·         Constitutional formation
·         Scope of state protections
·         The defining structures of governmental makeup
·         Types of legal structures and interactions within a constitutional law system; and
·         Legal constitutional concepts that make up constitutional law

The Max Planck Encyclopedia of Comparative Constitutional Law is available on annual subscription to libraries, organizations, and institutions worldwide. Pricing is based on the size and type of institution and the number of users.

If your readers/members are on the cutting edge of this field and would be interested in reading about Oxford’s new online resource, please consider announcing or reviewing it in your blog, newsletter, or journal.

For further information, or to request free access for the purposes of writing and publishing a review please contact:

Kate Roche | Oxford University Press | kate.roche@oup.com

10 May 2017

La comparaison juridique et l’Afrique: Regards italiens

Conférence-débat du Master 2 Droits africains
Ecole de Droit de la Sorbonne
Université Paris 1 Panthéon-Sorbonne

La comparaison juridique et l’Afrique. Regards italiens
  
Avec
Rodolfo Sacco
Professeur émérite, Université de Turin
« Le caractère du droit africain »

Salvatore Mancuso
Professeur de droit comparé, Université de Cape Town
« L’Afrique et le droit comparé »

Antonio Gambaro
Professore ordinario di Diritto Civile I, Facoltà di Giurisprudenza Università degli Studi di Milano
« La méthode de la comparaison juridique »
  

Mardi 16 mai 2017, de 10 h à 12 h

Amphithéâtre Descartes en Sorbonne
17 rue de la Sorbonne 75005 Paris


Inscription gratuite obligatoire à 
master2droitsafricains@univ-paris1.fr 

08 May 2017

New from Hart Publishing

Principled Reasoning in Human Rights Adjudication
Se-shauna Wheatle

Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that  a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process.  By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.

Se-shauna Wheatle is Research Associate in Public Law in the Durham Law School, University of Durham.


April 2017     9781782259817     256pp     Hardback     RSP: $82

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $73.80 (+ postage)


Chasing Criminal Money
Challenges and Perspectives On Asset Recovery in the EU
Edited by Katalin Ligeti and Michele Simonato

The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions.
This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders.
The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.

Katalin Ligeti is Professor of European and International Criminal Law at the University of Luxembourg.
Michele Simonato is a post-doctoral researcher in EU and Comparative Criminal Law at Utrecht University.


April 2017     9781509912070     400pp     Hardback     RSP: $108

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)


Public Inquiries
Wrong Route on Bloody Sunday
Louis Blom-Cooper

Throughout the twentieth century, administrations have wrestled with allaying public concern over national disasters and social scandals. This book seeks to describe historically the use of public inquiries, and demonstrates why their methods continued to deploy until 1998 the ingrained habits of lawyers, particularly by issuing warning letters in order to safeguard witnesses who might be to blame. Under the influence of Lord Justice Salmon, the vital concern about systems and services allotted to social problems was relegated to the identification of individual blameworthiness. The book explains why the last inquiry under that system, into the events of ‘Bloody Sunday’ under Lord Saville’s chairmanship, cost £200 million and took twelve and a half years (instead of two years). ‘Never again’, was the Government’s muted cry as the method of investigating the public concern was eventually replaced by the Inquiries Act 2005, by common consent a good piece of legislation. The overriding principle of fairness to witnesses was confirmed by Parliament to those who are ‘core participants’ to the event, but with limited rights to participate. The public inquiry, the author asserts, is now publicly administered as a Commission of Inquiry, and is correctly regarded as a branch of public administration that focuses on the systemic question of what went wrong, as opposed to which individuals were to blame.

Louis Blom-Cooper QC was a barrister at Doughty Street Chambers, and has over 30 years experience in public inquiries.

April 2017     9781509906789     176pp     Hardback     RSP: $54

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $48.60 (+ postage)

The Lawyers Who Made America
From Jamestown to the White House
Anthony Arlidge QC

No other nation’s creation, both politically and socially, owes such a debt to lawyers as the United States of America.  This book traces the story of that creation through the human lives of those who played important parts in it: amongst others, of English lawyers who established the form of the original colonies; of the Founding Fathers, who declared independence and created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the Supreme Court and finally Barack Obama.  Even Richard Nixon features, if only as a reminder that even the President is subject to the law.  The author combines his wide legal experience and engaging writing style to produce a book that will enthral lawyers and laymen alike, giving perhaps a timely reminder of the importance of the rule of law to American democracy.

Anthony Arlidge has been a Queen’s Counsel for over thirty five years, appearing in many high profile cases.  He has submitted written amicus briefs to the Supreme Court of the United States and the Santa Monica Court of Appeals.  A lifelong interest in legal history led him to co-author ‘Magna Carta Uncovered’ in 2014 and in turn to the present work, which demonstrates, amongst other things, the influence of the British definitions of liberty on the American Constitution.

April 2017     9781509906369     232pp     Hardback     RSP: $34

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $30.60 (+ postage)


29 April 2017

Annual Conference: Program and Details to come soon!


JURIS DIVERSITAS
5th ANNUAL CONFERENCE

July 10-12, 2017

Lyon, France


EM Lyon & Université Jean Moulin

Law & Food
La cuisine juridique

Timing:

The conference starts Monday morning, July 10, at 9:00 am, and ends Wednesday, July 12, at 12:30.

Venue: 

Monday, July 10: EM Lyon, Ecully Campus (transportation will be organized from central Lyon)
Tuesday and Wednesday, July 11-12: Université Jean Moulin, 15 Quai Claude Bernard, Lyon.

Plan to arrive in Lyon on Sunday. Why not spend the weekend in this magnificent city?

We are working at the planning and coordinating hospitality. More information to come soon. Thank you for your patience. 

21 April 2017

Twenty-First-Century Immigration to North America at MQUP


New Release from MQUP 


Twenty-First-Century Immigration to North America
Newcomers in Turbulent Times
Edited by Victoria Esses and Donald E. Abelson

“A valuable book for scholars, students, policy makers, and practitioners, Twenty-First-Century Immigration to North America not only demonstrates the complexity of immigration, but also provides readers with a unique analytical lens, rich insights, and specific directions for future research.” - Miu Chung Yan, University of British Columbia

$34.95 (Paperback)

Overview

A revealing assessment of the policies, practices, and impact of immigration to Canada and the United States.
Human migration has reached an unprecedented level, and the numbers are expected to continue growing into the foreseeable future. Host societies and migrants face challenges in ensuring that the benefits of migration accrue to both parties, and that economic and socio-cultural costs are minimized.

An insightful comparative examination of the policies and practices that manage and support immigrants to Canada and the United States, Twenty-First-Century Immigration to North America identifies and addresses issues that arose in the early years of the twenty-first century and considers what to expect in the years ahead. The volume begins with an overview of immigration policies and practices in Canada and the United States, then moves to an investigation of the economic and socio-cultural aspects, and concludes with a dialogue on precarious migration. Taking a multidisciplinary approach, the editors include research from the areas of psychology, political science, economics, sociology, and public policy.


Victoria M. Esses is professor of psychology and director of the Centre for Research on Migration and Ethnic Relations at the University of Western Ontario, and principal investigator of the Pathways to Prosperity Partnership.

Donald E. Abelson is professor and chair of political science at the University of Western Ontario and the author of Northern Lights: Exploring Canada’s Think Tank Landscape, A Capitol Idea: Think Tanks and U.S. Foreign Policy, and Do Think Tanks Matter?: Assessing the Impact of Public Policy Institutes.

Course adoption/exam copy requests: 

Media/review copy requests:

Jacqui Davis, Publicist 
Tel: 514-398-2555

12 April 2017

The UK after Brexit: Legal Policies and Challenges

The UK after Brexit
Legal and Policy Challenges

Michael Dougan (ed.)

June 2017 | ISBN 978-1-78068-471-0 | approx. 300 pp. | paperback

29 GB pounds | 31 euros | 37 US dollars
 
 
The UK after Brexit is the result of a cooperation between a group of leading academics from top institutions in the UK and beyond. It offers students, practitioners and scholars an authoritative, informative and thought-provoking series of analyses of some of the key challenges facing the UK legal system in and through the process of ‘de-Europeanisation’ – that is, in and through ‘Brexit’. It provides discursive exploration of key issues and themes for reflection and debate within multiple areas of law, broadly divided into three main areas of interest:

- constitutional concerns such as the relationship between Parliament and the Executive, the relevance of devolution, and the impact on the courts;

- substantive topics including employment law, environmental law, financial services, intellectual property, and criminal cooperation;

- issues regarding the UK’s external relations, for example its relations with the EU, membership of the World Trade Organisation, ingredients for creating UK trade policy and bilateral investment policy, and international security (the UN, NATO and more).

The structure of this work is specifically designed to offer the clearest presentation of these analyses and constitute a critical, comprehensive resource on the effects of de-Europeanisation on the UK legal system. These analyses will remain relevant over time – not only as the withdrawal process unfolds, but well into the future as the UK reorientates its legal system to new internal and external realities.


http://intersentia.com/en/the-uk-after-brexit.html

11 April 2017


This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc).

The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.

Table of contents

1. Introduction
2. A Mid-Channel Jurisdiction-Jersey as a Mixed Legal System
3. Basic Principles of Contract Law from a Comparative Perspective
4. The Formation of a Contract
5. Undermining a Contract: Vices de Consentement 
6. Effects of Contracts
7. Comparing Remedies
8. Comparative Law Lessons and Reform Issues
- See more at: http://www.bloomsbury.com/au/comparative-law-in-practice-9781782257219/#sthash.VKNl5EfP.dpuf

About the author: Duncan Fairgrieve

Annual Meeting of the American Society of Comparative Law

Announcement and Call for Panels

Annual Meeting of the American Society of Comparative Law
Comparative Law, Faith and Religion:
The Role of Faith in Law

October 26-28, 2017
American University Washington College of Law
Washington D.C.

The American Society of Comparative Law and American University College of Law invite all interested scholars to consider submitting a panel proposal for the upcoming Annual Meeting of the American Society of Comparative Law that will be held between Thursday, October 26, and Saturday, October 28, 2017, at American University Washington College of Law, Washington D.C.  entitled Comparative law, Faith and Religion:  The Role of Faith in Law.

This conference was in large part inspired by the work of the late Patrick Glenn on legal traditions.  Professor Glenn bravely undertook to “compare the world” with his emphasis on legal “traditions” and by extending the scope of comparative law beyond what most comparative scholars are comfortable with.  Glenn looked beyond the civil and common law legal traditions to the Chthonic, the near eastern Jewish and Islamic legal traditions, and to the Confucian and Hindu traditions that challenge our basic assumptions about the rule of law.

The conference organizers have distinguished between faith and religion. The term “faith” is defined as having “complete trust and confidence”, while the term religion is traditionally used to include the doctrine and institutions.  Of course, it is possible to have faith in God or a religion but it is also possible to have faith in a secular text such as the U.S. Constitution or a civil code, and this faith may be of such fervor that it could be called a secular religion.

Examples of diverse topics that such a conference could address are:  (1) historical or modern day attitudes that result in having faith in a legal tradition or developing religious attitudes towards secular texts such as the U.S. constitution; (2) a comparison of secular faith with religious faith in a legal system, perhaps looking at the history and development of western democracies; (3) the role of Christianity in development of common and/or civil law traditions; (4) comparative approaches to legal ethics and the influence of religion on development and implementation of ethical rules for lawyers and judges; (5) Islamic visions of dispute settlement and the role of Islamic law in modern day commercial arbitration; (6) the role of Catholicism in development of family law in Latin America; (7) Laws of the nation’s secular authority as faithless law;  (8) the continuing influence of Hindu “law”; (9) whether there is such a thing as Buddhist law?; (10) the influence of the Talmud on modern western legal systems or (11) the challenge of teaching about religion in a law school setting; etc.  Interdisciplinary work is encouraged.

The Annual Meeting of the ASCL will have two time slots for concurrent panels on Friday, October 27, 2017. One of these time slots will include panels organized around a common theme, while the other time slot will include panels arranged by region that may include more than one theme on comparative law, faith, and religion. We will consider all panel proposals but for the regional panels we especially encourage submissions focused on Africa, Asia, the Caribbean, Latin America, the Middle East, and any other region or subregion that includes developing countries.

The Annual Meeting Committee of the American Society of Comparative Law will select the panels that will be held at the meeting in consultation with American University Washington College of Law. Panel proposals should include up to four speakers, a panel title, and a one-to-two-paragraph description of the ideas that the panel will explore. Panel proposals should be submitted via e-mail to Tra Pham at tpham@wcl.american.edu of American University Washington College of Law no later than June 1, 2017, and copied to Máximo Langer from the American Society of Comparative law at langer@law.ucla.edu.

Any questions about the panel proposals should be addressed to Máximo Langer and copied to Fernanda Nicola (fnicola@wcl.american.edu) and Padideh Alai (palai@wcl.american.edu)

07 April 2017

International Workshop in Trento: UNIFORM CIVIL CODE IN INDIA

THE DEBATE ON THE UNIFORM CIVIL CODE IN INDIA: NEW PERSPECTIVES ON CONSTITUTIONAL SECULARISM IN INDIA AND PERSONAL LAWS REGIMES IN ASIA

International Workshop

27 - 28 April 2017

The preamble to India’s 1950 Constitution declares it to be a secular state. Yet, religions play a highly visible role in the Indian public sphere. Furthermore, in spite of the constitutional mandate (“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”, art. 44), a regime of personal laws - based on religious or customary ground - is actually applied, mostly in matters of family law and group status. The political process is presently re-considering the adoption of a uniform civil code, and the question whether such a solution - long waited for - is more consistent with the principle of constitutional secularism and more respectful to religious pluralism needs to be critically addressed, in a context - like the Indian one - where the balance between constitutional secularism and a deeply religious and plural society has been firmly guaranteed by the Supreme Court.

The current debate in India offers the opportunity to reconsider general categories of constitutional law and comparative models in the light of other relevant [South]Asian experiences and trends, including also perspectives drawing on mainly Islamic contexts. The International Workshop at the Law School in Trento, sponsored by the Research Project on Jurisdiction and Pluralisms, has the purpose of contributing to a better understanding of the political and systemic dynamics of Asian constitutionalism and law as well as the potential for expansion of the rationale of legal pluralism in culturally plural contexts.

Recent Posts