Bøker i Ius Comparatum - Global Studies in Comparative Law-serien

This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.

This book offers a comparative perspective on 18 countries' legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven't specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.  

Part I.- General Report.- Questions de droit international priv├⌐ de la responsabilit├⌐ soci├⌐tale des entreprises : Rapport g├⌐n├⌐ral.- Part II National Reports.- Argentina.- Belgium.- Brazil.- Canada.- Chile.- China.- Colombia.- Czech Republic.- France.- Germany.- Italy.- Japan.- Kazakhstan.- Mexico.- The Netherlands.- Portugal.- Switzerland.- Turkey.- United Kingdom.- Vietnam.

Introduction.- Part I Questionnaire and General Report / Questionnaire et rapport g├⌐n├⌐ral.- Questionnaire.- General Report / Rapport g├⌐n├⌐ral.- Part II National Reports from Asia / Rapports nationaux de l''Asie.- Genetic Testing in Employment and Insurance in Japan.- Part III National Reports from Europe / Rapports nationaux de l''Europe.- Genetic Testing in Employment and Insurance in Belgium.- Genetic Testing in Employment and Insurance in Cyprus.- Genetic Testing in Employment and Insurance in Czech Republic.-  L''utilisation des tests g├⌐n├⌐tiques dans le domaine de l''assurance en droit fran├ºais et europ├⌐en : une affaire d''assurance et de politique publique.-  Genetic Testing in Employment and Insurance in Italy.- Genetic Testing in Employment and Insurance in Poland.- Genetic Testing in Employment and Insurance in Greece.- Genetic Testing in Employment and Insurance in the United Kingdom.-  Part IV National Reports from The Americas / Rapports nationaux des Am├⌐riques.- Genetic Testing in Employment and Insurance in Brazil.- Genetic Testing in Employment and Insurance in Canada.- Genetic Testing in Employment and Insurance in the Canadian Province of Quebec.

This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system.

This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries.

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade.

This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression.

Written by respected experts in the field, it presents reports on bilingual legal education in countries with such diverse cultures and histories as Belgium, Canada, China, the Czech Republic, Finland, France, Germany, Italy, Japan, Mexico, Romania, Singapore, Taiwan and the USA.

En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la resolution des differends etatiques, la panoplie croissante de differents types d'instruments non etatiques et de resolution non etatique des differends devient de plus en plus centrale dans la sphere juridique.

This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development.The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.

With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other ¿claims¿ that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

This book offers a comparative perspective on 18 countries' legal regulation of crowdfunding. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.

This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries.

Data Protection in the Internet: General Report.- Right to Privacy and Personal Data Protection in Brazilian Law.- Data Protection and the Internet: Canada.- Data Protection in the Internet: Cape Verde''s National Report.- National Report: Czech Republic.- Data Protection in the Internet: French Report.- Data Protection in the Internet: National Report Germany.- Data Protection in the Internet: Greece.- Italian National Report: Data Protection in the Internet.- Data Protection in the Internet: Japanese National Report.- Data Protection in the Internet: The Portuguese Case.- Data Protection Regulations: Overview of the Romanian Legislation and Deficiencies.- Singapore Report: Data Protection in the Internet.- Data Protection in the Internet: South Africa.- Data Protection in the Internet: National Report Spain.- Swiss Data Protection Law.- Data Protection in the United States: U.S. National Report.- Data Protection in the Internet: A European Union Perspective.- Data Protection in International Trade Law.- UN Regulations.

This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments.

This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention.

This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world.

This book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts ¿ mainly genetic tests and genetic data/information ¿ have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a ¿special status¿ for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources ¿ including human rights norms ¿ that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes¿ approaches ¿ specific and generalist ¿ to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.

This book addresses the universal and topical question of solidarity across generations from a comparative perspective, with a particular focus on the legal issues concerning retirement pensions, the poverty in the elderly, long-term care, as well as state interventions and family support for those at risk.

On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports.

This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared.The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come withsuch a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community.