10 August 2012

NOTICE: Baaij on The Role of Legal Translation in Legal Harmonization

CJW Baaij (ed)'s The Role of Legal Translation in Legal Harmonization has just been published: 
Nine distinguished contributors, all leading experts and scholars in multilingual EU Law making, legal translation studies, comparative law and European (private) law, explore and analyse the legal translation praxis within EU legislative institutions appropriate for the purpose of legal harmonization, and examine both the potential and limitations of legal translation in the context of the developments of a single but multilingual EU Legal language. Among the many issues that arise for in-depth analysis in the course of the discussion are the following:defining 'drafting quality';
  • translating legal concepts beloning to specific legal systems;
  • EU Policies on harmonization of national contract laws;
  • legal uniformity vs. uniformity of interpretation and application;
  • the effect of full harmonization clauses;
  • proportion between general language vocabulary and legal terminoligy; and
  • role of English in the EU and the aims of the EU institutions.
The book concludes with a synthesis of the findings and reconmmendations of the various contributions. Most of the chapters were originally presented at a conference organized in January 2011 by the Amsterdam Circle for Law & Language (ACLL) and the Centre for the Study of European Contract Law (CSECL). 

The contributions include:

NOTICE: Hamoudi on Post Ratification Constitution Making and the Case of Iraq

An article by member Haider Ala Hamoudi (University of Pittsburgh - School of Law), 'Thinking Beyond the Original Bargain: Post Ratification Constitution Making and the Case of Iraq', has recently been made available on SSRN's Islamic Law & Law of the Muslim World eJournal:

This paper, submitted in connection with a panel at the American Political Science Association Annual Meeting, explores some of the implications of regarding a constitution making exercise as not merely the enactment of a particularly important piece of legislation, but rather the establishment a broad and long lasting national compact. In a society such as Iraq, which is not only divided, but where different communities have radically different visions of an ideal state order, such high stakes can be impossible to manage. As such, one way to address the problem of constitution making in such contexts is to embrace ambiguity and deferral as means to reach consensus among sharply divided communities, thereby creating space for future (partial) resolution of existing disputes. This paper explores representative examples where such efforts have been undertaken in Iraq, and the extent to which they have been successful. 

Hamoudi also has his own Blog, Islamic Law in Our Times.

NOTICE: Opinio Juris in Comparatione

The latest Opinio Juris in Comparatione is available on SSRN:


Francesco Donato Busnelli
Ricordo di Fernando Hinestrosa


Paper n. 1, pp. 1-17

Cristina Amato
The Europeanisation of Contract Law and the Role of Comparative Law:
The Case of the Directive on Consumer Rights

Paper n. 2, pp. 1-21

Marco Farina e Demetrio Maltese
Abuse of Rights and Freedom of Contract in Comparative Perspective:
A Legal and Economic Analysis

Paper n. 3, pp. 1-30

Chiara Perfumi
Theory and Practice of Constructing a Common Contract Law Terminology

07 August 2012

NOTICE: Comparative Law on SSRN (by way of the Irish Society of Comparative Law)

Additional articles from SSRN have been noted by our friend in the Irish Society of Comparative Law: 

Lorena Carvajal-Arenas and A F M Maniruzzaman, Cooperation as Philosophical Foundation of Good Faith in International Business-Contracting - A View Through the Prism of Transnational Law. (2012) Oxford U Comparative L Forum 1.

Nowadays traders are very frequently conducting their businesses in accordance with principles and usages forged in the practice of commerce. This has given rise to an ongoing discussion on the existence of an autonomous third legal order called transnational commercial law or the lex mercatoria. This article looks at the role of good faith in that legal system.
As a consequence of the evolution of the law of contracts, the rise of transnational law and of the influence of its prevalent actors - multinational corporations - a cooperative view of contracts has been developed in international trade.
This article argues that the rationale of cooperation, as the underlying current of transnational commercial contracts, has prompted a new way of interpreting the principle of good faith: it is understood as cooperation between the parties to a contract. This interpretation of good faith requires the party to take various steps to fulfil the legitimate expectations of the other party. Rather than being imposed by a central authority, such a predominantly voluntary cooperation is assumed by the parties for the common good of everyone involved in the contractual relationship. This notion fits the experience of global trade today to the point that - it will be submitted - good faith is the fulcrum of cooperation in cross-border trade.
This proposition will be supported through the analysis of: philosophical doctrines; principles embracing transnational law and international arbitral awards. Furthermore, the development of good faith in some municipal legal systems will be considered; as well as the latest developments of good faith in EU law.

Young, Katharine, The Comparative Turn: Accident, Coincidence, or Fate? (2012). Harvard Law Review Forum, Vol. 125, 2012; ANU College of Law Research Paper No. 12-20.

The comparative turn taken by one of America’s most influential constitutional scholars can tell us much about the field of comparative constitutional law. In this paper, delivered as a Provocation at the Symposium in Honor of Professor Frank Michelman, at Harvard Law School, February 10-11, 2012, three hypothesis are given for this turn. The first hypothesis, accident, looks to the post-Cold war expansion of the field of comparative constitutional law and the upsurge of American constitutional influence at that time. The second hypothesis, coincidence, views Michelman’s seminal work on constitutional economic and social rights, as well as on property, equality, law and economics, and democracy, as singularly apposite for building constitutionalism in post-apartheid South Africa. The third hypothesis, fate, examines how the normative questions that Michelman posed transcended any one constitutional system, precipitating a critical reflection on the United States, South Africa, and other constitutional systems.

Garoupa, Nuno M. and Pargendler, Mariana, A Law and Economics Perspective on Legal Families (July 12, 2012). The Methodologies of Law and Economics, T. Ulen, ed., Edward Elgar, 2013; Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-01.