07 June 2017

New Comparative Law Titles from Hart Publishing

New from Hart Publishing

Personal Insolvency in the 21st Century
A Comparative Analysis of the US and Europe
Iain Ramsay

Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law.
The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

Iain Ramsay is Professor of Law at the University of Kent.

May 2017     9781849468091     224pp     Hardback     RSP: $74


Constitutional Courts, Gay Rights and Sexual Orientation Equality
Angioletta Sperti

In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality.
This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination.
It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays’ and lesbians’ rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Angioletta Sperti is Associate Professor of Comparative Public Law at the University of Pisa.

May 2017     9781782256427     256pp     Hardback     RSP: $88


Minimum Contract Justice
A Capabilities Perspective on Sweatshops and Consumer Contracts
Lyn K L Tjon Soei Len

The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as ‘normal’ market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law.
Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? This Book defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.

Lyn K L Tjon Soei Len is an Assistant Professor of Law and International Feminist Studies in the Women’s Studies Program at the University of New Hampshire and a researcher at the Law School, University of Amsterdam.

May 2017     9781782257097     176pp     Hardback     RSP: $68


Please click here for more information about this title and to order online

30 May 2017


July 10 to 12, 2017

10 au 12 juillet 2017

EMLyon Business School 
Faculté de droit, Université Jean Moulin-Lyon 3
Lyon, France

Law & Food:
La cuisine juridique

An International, Interdisciplinary Conference on Comparative Law
Colloque international et interdisciplinaire de droit comparé

Co-sponsored by
EM Lyon, Faculté de droit de l’Université Jean Moulin – Lyon 3
Institut de droit comparé Édouard Lambert


For any question email Prof. Olivier Moréteau at moreteau@lsu.edu 


Dear Colleagues and friends,

It is with great pleasure that I can announce the Second Summer School of Comparative Law at the University of Reggio Calabria, with a distinguished international Faculty, under the auspices of the Association for Comparative Legal Studies and the Journal of Comparative Law, both based in London, UK.This follows on the  success of the First Summer School held at Reggio in the summer of 2015.

Click here to access the poster of this event, with detailed information. We would be again very grateful if you could circulate to students or young teachers and researches who might be interested in this.

There is a limited number of free rooms at the state of the art University Residence in Reggio, to be located on a first-come first-serve basis, and participants will be allowed to use University facilities for the duration of the course and have meals in the University Mensa.

With all good wishes,

Stathis Banakas

To access the Program, click here!

Cities as Ill Bodies in Films and Series: Call for Papers

Cities as Ill Bodies in Films and Series

Anne Wagner
Associate Professor 
EIC of the International Journal for the Semiotics of Law
Co-Editor of the Series “Law, Language and Communication”

City is a living organism. It is built around a centre – the heart - that provides wealth, prosperity and work to citizens (i.e. the business centre). Transportation arteries are constructed to cut traffic congestion and to facilitate the link between dormitory rings and the business centre. City is like a living monster. It needs expansion, exposure, recognition, security and regeneration. City suffers. Congestion is far too important and the lack of security is the core issue for the Town Hall and its inhabitants. The most urgent matter concerns the close link between the regeneration of cities and their environment in order to maintain peace, comfort, discretion and visibility for all. City is an ill body with signs and symptoms that need to be treated and cured to restore its utility value to its inhabitants. The overall aim of a City is to guarantee simultaneously and paradoxically a high level of individual freedom and an order in which such freedom is made possible and guaranteed.
The intersections of Films/Series and Law represent a significant and prospective research. This edited volume will seek to explore the perception of cities in Films and Series worldwide. It will encourage a plurality of approaches for the understanding and practice of justice, morality and protection of citizens. Contributors may choose to explore semiotic, rhetorical, pragmatic, sociolinguistic, legal, psychological, philosophical and/or visual perspectives on Cities as ill bodies. 

This edited volume could explore (but is not limited to) the richly complex manifestations of Cities as ill bodies in the following ways:
- What is an ill city? (State disorder, lawless cities, rebellion, revenge, etc.)
- How is provided the atmosphere in “ill cities”?
- How are power structures and citizens represented? 
- What are the aesthetic and visual processes?
- How is organized the screenplay?
- How is captured the ideas of “peace”, “security”, “comfort”, “visibility”, “discretion” and/or “regeneration” in Films and Series?
- How does law try to regulate “cities as ill bodies”?
- What are the investigated related approaches to deal with violence, rights, justice, morality, sovereignty, or any other relevant field?

Submission information:

Email submission to Anne Wagner (valwagnerfr@yahoo.com)

Abstracts of 300 words (max.) can be submitted by 28 February 2018 to Anne Wagner with decisions made by March 2018. 
Full papers of 25 000 words (max) will have to be sent by September 2018 with final decisions by November 2018.

25 May 2017

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

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
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 

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


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


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


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


29 April 2017

Annual Conference: Program and Details to come soon!


July 10-12, 2017

Lyon, France

EM Lyon & Université Jean Moulin

Law & Food
La cuisine juridique


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


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. 

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