Full Description
This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state.The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.
Contents
Contents:
Preface
Joakim Nergelius
Introduction
Antonina Bakardjieva Engelbrekt and Joakim Nergelius
PART I: COMPARATIVE LAW, LEGAL AID AND DEVELOPMENT
1. Legal Change and Economic Performance: An Assessment
Gianmaria Ajani
2. Legal Cartography and Comparative Law
Per Bergling
3. Development Assistance in the Legal Field: Promotion of Market Economy v Human Rights
Michael Bogdan
4. Can Human Rights be Exported? On the Very Idea of Human Rights Transplantability
Claudio Corradetti
5. 'Cut-and-Paste'? Rule of Law Promotion and Legal Transplants in War to Peace Transitions
Richard Zajac Sannerholm
PART II: COMPARATIVE CONSTITUTIONAL LAW
6. Ontological and Epistemological Complexity in Comparative Constitutional Law
Otto Pfersmann
7. European Constitutional Law: Its Notion, Scope and Finalities
Rainer Arnold
8. Governmental Accountability in Autonomies: Åland Islands in Comparison with Select Autonomies in Europe and Elsewhere
Markku Suksi
9. The Viability of Constitutional/Non-Constitutional Comparison
Johan Lindholm
10. Comparative Aspects of Fundamental Rights in Germany and Central and Eastern Europe: The Example of Ukraine
Kateryna Karpova
PART III: COMPARATIVE PRIVATE AND ECONOMIC LAW
11. Making the Principles of European Contract Law: Theoretical and Methodological Aspects
Ole Lando
12. The Questionable Questionnaire: Reflections on Comparative Law Method in Light of Principles of European Tort Law
Mårten Schultz
13. Legal Services in Conveyancing: A European Comparison
Christoph U. Schmid
14. Constitutionalisation of Private Law
Anna Lytvynyuk
15. Toward an Institutional Approach to Comparative Economic Law?
Antonina Bakardjieva Engelbrekt
CONCLUSION
16. Modern Comparative Law: The Forces Behind and the Challenges Ahead in the Age of Transnational Harmonisation
Peter-Christian Müller-Graff
Index
