CONFERENCE: Legal Remedies for Corruption

A conference on the Legal Remedies for Corruption will be taking place at the Said Business School on Saturday 28 June 2014.

The conference will be jointly hosted by the Oxford Institute for Ethics, Law and armed Conflict (Oxford Department of Politics and International Relations) and Open Societies Foundation, Justice Initiative provide a forum to discuss how litigation, based on innovative legal approaches, has been useful in challenging, mitigating, remediating and deterring corruption.

Discussion will focus on current legal practice in the fight against corruption globally and its evolution since 2005. 

Some of the case studies will focus on the cases against the ruling elites in Equitorial Guinea, Gabon, Zambia and South Africa.

Further information on the conference is available at the following link:
http://www.elac.ox.ac.uk/downloads/Flyers/Corruption%20Conference%20ELAC%20advert.pdf and in the attached document.

To register, please contact Miss Vuyelwa Kuuya at vuyelwa.kuuya@politics.ox.ac.uk

JOURNAL: African Journal of International and Comparative Law

A new issue of the African Journal of International and Comparative Law is now online.

Table of contents:

• Pro-democratic Intervention in Africa and the ‘Arab Spring’ by Hannah Woolaver 
• The Law of International Responsibility: The Case of the WTO as a ‘Lex Specialis’ or the Fallacy of a ‘Self-contained’ Regime by Regis Yann Simo
• Self-defence, Intervention by Invitation, or Proxy War? The Legality of the 2006 Ethiopian Invasion of Somalia by Ahmed Ali M. Khayre
• The Cameroon ‘Anglophone Question’ in International Law, by E. H. Nfobin and Nchotu Veraline Nchang Epse Minang
• The Immunity Conundrum, by Francis N. Botchway
• Tribunals of Inquiry as a Residual Matter Under the Nigerian Constitution: Resolving the Nigerian Conundrum by Chukwunweike A. Ogbuabor
• United Nations and African Union Conventions on Corruption and Anti-corruption Legislations in Nigeria: A Comparative Analysis, by Akeem Olajide Bello
• Tshimanga Kongolo, Africa's Contributions in Shaping the Worldwide Intellectual Property System, Ashgate (2013), by Sujitha Subramanian

JOURNAL: Indigenous Nations & People Law eJOURNAL

A new issue of Indigenous Nations & People Law eJOURNAL is now available on SSRN.



Table of contents:

• "Indigenous Communities: Analyzing Their Right to Water Under Different International Legal Regimes" by Daphina Misiedjan, Utrecht University School of Law (the Netherlands) and Joyeeta Gupta, Amsterdam Institute for Social Science Research, University of Amsterdam (the Netherlands).
• What Does Indigenous Participatory Democracy Look Like? Kahnawà:Ke's Community Decision Making Process by Kahente Horn-Miller, Mohawk Council of Kahnawake.

BOOK: Of Courts and Constitutions

Another new book from Hart Publishing: Of Courts and Constitutions, edited by Kieran Bradley, Noel Travers and Anthony Whelan.

The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland, and former Advocate General at the European Court of Justice, on the occasion of his retirement.
The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts - the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.

BOOK: The Constitutional Systems of the Commonwealth Caribbean

A new title from Hart Publishing: The Constitutional Systems of the Commonwealth Caribbean - A contextual analysis.

The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called 'Westminster model'. 

Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean. 

While taking due account of the region's colonial past and its imprint on postcolonial constitutionalism, the book also considers notable developments that have occurred since independence. These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president; the creation of a Caribbean Single Market and Economy and its implications for national sovereignty; and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a number of countries in the region. The book also addresses the resurgence of interest in constitutional reform across the region in the last two decades, which has culminated in demands for radical reforms of the Westminster model of government and the severance of all remaining links with colonial rule.

CALL: Post-doc researcher in the field of minority rights & European Union

The Institute for Minority Rights at the European Academy of Bozen/Bolzano is looking for a
Researcher (post-doc) in the field of European Union Law and Politics & Minority Rights.

Research focus:

•  EU law and politics 
•  Minority rights and diversity governance in the EU 
•  European integration and minority regions 

Click here for further information.

BOOKS: Intersentia - Lokin, Milo and Smits (eds), Tradition, Codification and Unification / Uzelac and van Rhee (eds), Nobody's Perfect: Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters

Intersentia has published the following:

• Jan Lokin, Michaël Milo and Jan Smits (eds), Tradition, Codification and Unification:

200 years ago many civil law jurisdictions adhered to exclusive national codifications of private law, and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law, and continued along lines of authoritative opinions, case law and fragmented legislation. In our contemporary days the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin- American and South-African jurisdictions provide us with perspectives on the role of substance, methodology, institutions as well as individuals in developments of law towards the future.

• Alan Uzelac and CH van Rhee (eds), Nobody's Perfect: Comparative Essays on Appeals andother Means of Recourse against Judicial Decisions in Civil Matters:

BOOK (Recommended): Braverman, Blomley, Delaney, and Kedar (eds), The Expanding Spaces of Law: A Timely Legal Geography.

Stanford University Press has published Irus Braverman, Nicholas Blomley, David Delaney, and Alexandre Kedar (eds), The Expanding Spaces of Law: A Timely Legal Geography.

The book, on a subject too long neglected by comparatists,:

presents readers with cutting-edge scholarship in legal geography. An invaluable resource for those new to this line of scholarship, the book also pushes the boundaries of legal geography, reinvigorating previous modes of inquiry and investigating new directions. It guides scholars interested in the law-space-power nexus to underexplored empirical sites and to novel theoretical and disciplinary resources. Finally, The Expanding Spaces of Law asks readers to think about the temporality and dynamism of legal spaces.

For additional information, including an excerpt from the introduction and a discount, see http://www.sup.org/book.cgi?id=23213. 

BOOK: Adams and Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

Following the recent, successful workshop in Ghent, Hart Publishing has published Maurice Adams and Dirk Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke.

While the normal price for the book is £60, the Hart Discount for Juris Diversitas Blog Readers—20%--makes it available for £48. To place an order, go to the Hart Publishing website. To receive the discount, type the reference ‘JDB’ in the discount code field and click ‘apply’:

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That, however, does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law.

With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.

The Editors

Maurice Adams is Professor of General Jurisprudence at the University of Tilburg.

Dirk Heirbaut is Professor of Legal History and Roman Law at Ghent University.

Book Details: May 2014     346pp     Hbk     9781849466233    

   

If you have any questions please contact Hart Publishing

Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW, UK

Tel No: 01865 517530   Fax No: 01865 510710  

E-mail: mail@hartpub.co.uk   Website: www.hartpub.co.uk

Books: New Titles from Edward Elgar Publishing

Books: New Titles from Edward Elgar Publishing

The following titles are now available from Edward Elgar Publishing:

Renmin Chinese Law Review

Selected Papers of The Jurist, Volume 2
Edited by Jichun Shi, Editor in Chief, The Jurist and Professor of Law, Renmin University of China Law School, China Renmin Chinese Law Review, Volume 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.

 

Company Law in China

Regulation of Business Organizations in a Socialist Market Economy JiangYu Wang, Associate Professor, Faculty of Law, National University of Singapore
This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People’s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recentlegislative and regulatory developments in the company law landscape in China. The book covers a wide range of topics including the definitions of companies as compared with other forms of business organizations, incorporation, shareholders rights andlegal remedies, corporate governance (including the fiduciary and other duties and liabilities of directors, supervisors and managers),corporate finance (including capital and shares offering), fundamental corporate changes (including mergers & acquisitions, and takeovers), and corporate liquidation and bankruptcy. In addition to presenting strong doctrinal analysis, the author also considers China’s unique social, political and economic contexts.

China's Urbanization and the World Economy

Fan Zhang, National School of Development, Peking University, China
This innovative book places China’s urbanization within a broader global context, including adetailed estimate of China’s total domestic market and its impact on the world economy.

JOURNAL: New Issue of Ratio Juris

JOURNAL:  New Issue of Ratio Juris

Wiley has published a new issue of Ratio Juris. 
Titles include:

On the Nature of Norms (pages 155–175)
Peter Koller

 

Methodological Clarity or the Substantial Purity of Law? Notes on the Discussion between Kelsen and Pitamic (pages 176–189)

Marijan Pavčnik

 

Positivism, Legal Validity, and the Separation of Law and Morals (pages 190–217)

Giorgio Pino

A Typological Reading of Prevailing Legal Theories (pages 218–235)
Marko Novak

Rhetoric Meets Rational Argumentation Theory (pages 236–251)
Mirjami Paso

The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law
Ludvig Beckman
 
Virtuous Circularity: Positive Law and Particular Justice (pages 271–287)
Claudio Michelon
 

The Notebook Corner, edited by Enrico Pattaro

 
Why Reflective Equilibrium? II: Following Up on Rawls's Comparison of His Own Approach with a Kantian Approach (pages 288–310)Svein Eng

Article: Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders

Article:  Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders

"Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders"  by Laura A. Foster, is now available on SSRN.

The making of legal regulatory orders has become increasingly transnational as legal ideas travel and are adopted, discarded, and refigured. Socio-legal scholars have recently turned to the framework of translation to guide examinations of how law changes from one context to the next and how law itself translates and transforms the subjects and objects it governs. Drawing upon science studies and feminist theory, this article develops critical cultural translation as possible socio-legal methodology and praxis for the study of transnational regulatory orders.

Furthering this line of inquiry, it addresses the regulation of benefit sharing and the patenting of indigenous San peoples’ knowledge in Southern Africa. Critical cultural translation involves a responsibility towards social justice and openness to disorientation, whereby normative legal meanings and language are broken up and reconfigured to allow for a plurality of coalitional politics towards more meaningful social change.

JOURNAL: Comparative Legal History (the Journal) and the European Society for Comparative Legal History

The editors of Comparative Legal History (CLH), the official publication of the European Society for Comparative Legal History (ESCLH), want to remind you that ESCLH Members receive a free subscription of the journal.

The latest volume is with the printers now. Sign up for membership, or renew your existing membership, immediately in order to get it soon.

And spread the word and ask your library to stock us!!