Bøker i Ius Gentium: Comparative Perspectives on Law and Justice-serien

Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families.

This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption.

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity.

This book focuses on descriptions of the developments in legal frameworks and policies regarding the human rights of older persons.

This book deals with foundation law in various European countries.

This book focuses on descriptions of the developments in legal frameworks and policies regarding the human rights of older persons.

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature?

This open access publication discusses exclusionary rules in different criminal justice systems. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People's Republic of China, Taiwan, Singapore, and the United States.

With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration.

The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration.

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book¿s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches.  Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism  is explored in the contributions¿ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata.Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure ¿ for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to aconclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book¿s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem.

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors.

Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives.In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law.Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a ¿review of the emergence of a newdiscipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.¿

This book deals with foundation law in various European countries.

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity.

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law.

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions.

The expansion of corporate criminal liability law since the 1990s has challenged traditional legal norms in this field. This volume surveys current practice on CCL in diverse jurisdictions, exploring the legal conditions for liability, as well as procedure.

The first scholarly effort to offer a systematic examination of doctrinal issues in climate law, this book explores the diverse international, regional, national, sub-national and transnational legal responses to climate change. Includes regional case studies.

Globalisation turns out to be untenable because it does not guarantee minimum social equity, peace and respect for the environment, and therefore does not guarantee the effective accomplishment of human rights.

This volume presents philosophical contributions examining questions of the grounding and justification of taxation and different types of taxes such as inheritance, wealth, consumption or income tax in relation to justice and the concept of a just society.

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees?