The Harmonisation of European Private Law Systems and the Role of Comparative Law

2002 ◽  
Vol 30 (2) ◽  
pp. 265-287
Author(s):  
Anne-Catherine Hahn
Keyword(s):  
International Law ◽  
Legal Education ◽  
Comparative Law ◽  
Minor Role ◽  
Private Law ◽  
Legal Research

Comparative and international law has traditionally played a relatively minor role in legal education and research. J Recent years, however, have seen an increasing interest in comparative law, in particular in Europe, where its protagonists are involved in a vivid debate over the harmonisation of national private law systems. In the following remarks, I will, on the basis of one particular example, try to illustrate the type of comparative legal research that supports this debate. Before doing so, I will briefly present the different drivingforces that contribute to the harmonisation ofEuropean private law systems.

Discovery Rights and the Arctic

2019 ◽  
Vol 12 (3) ◽  
pp. 387-407
Author(s):  
Daniel Schwartz
Keyword(s):  
Property Rights ◽  
International Law ◽  
The Arctic ◽  
Private Law ◽  
Territorial Rights ◽  
The Many ◽  
Original Acquisition

AbstractThis article examines whether discovery could, contrary to common philosophical opinion, be taken seriously as a ground of territorial rights. I focus on the discovery of uninhabitable lands such as found in the Arctic. After surveying the role of discovery in Roman private law and modern international law, I turn to Locke's well-known theory or original acquisition. I argue that many of the justifications that do the work in Locke's theory also apply to discovery. I then discuss some of the many reasons why discovery may seem unpromising as a ground of original acquisition. I close by arguing that if there is a bridge mechanism by which property can legitimately transform into territory and if, at least in some circumstances, discovery can produce property rights, then it would follow that in some circumstances discovery could also produce territorial rights.

Comparative Law and the Europeanization of Private Law

2006 ◽  
pp. 538-578 ◽  
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Comparative Law ◽  
European Court Of Justice ◽  
Private Law ◽  
Future Trends ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Do So

The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process and will continue to do so. This article discusses the Europeanization of private law as a new and challenging task for comparative law. The second section considers the Europeanization of private law, describing the creation of the European Union and the role of the European Court of Justice. The third section discusses European legal scholarship. The fourth section cites the contributions of comparative law. The last two sections discuss current and future trends for the European private law.

How Much “Law” in Legal Studies? Approaches to Teaching Legal Research and Doctrinal Analysis in a Legal Studies Program

2014 ◽  
Vol 29 (03) ◽  
pp. 297-310 ◽  
Author(s):  
Vincent Kazmierski
Keyword(s):  
Research Methods ◽  
Legal Education ◽  
Multiple Roles ◽  
Methods Course ◽  
Law Schools ◽  
Legal Research ◽  
Pedagogical Strategies ◽  
Legal Studies ◽  
Professional Law

Abstract This article addresses the teaching of legal research methods and doctrinal analysis within a legal studies program. I argue that learning about legal research and doctrinal analysis is an important element of legal education outside professional law schools. I start by considering the ongoing debate concerning the role of legal education both inside and outside professional law schools. I then describe the way in which the research methods courses offered by the Department of Law and Legal Studies at Carleton University attempt to reconcile the tension between “law” and legal studies. In particular, I focus on how the second-year research methods course introduces students to “traditional” legal research and doctrinal analysis within a legal studies context by deploying a number of pedagogical strategies. In so doing, the course provides students with an important foundation that allows them to embrace the multiple roles of legal education outside professional law schools.

scholarly journals INTERVENSI KEMANUSIAAN (HUMANITARIAN INTERVENTION) MENURUT HUKUM INTERNASIONAL DAN IMPLEMENTASINYA DALAM KONFLIK BERSENJATA by Emi Eliza, Heryandi Ahmad Syofyan

2020 ◽  
Author(s):  
Abdul Ahmad
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Humanitarian Intervention ◽  
Armed Conflicts ◽  
Internal Conflict ◽  
Legal Research ◽  
International Treaty ◽  
The United Nations

Humanitarian intervention is an attempt to prevent or stop the gross human rights violations with particular strengths (diplomatic and military) in a State, either with or without the consent of the State (countries with internal conflict). The problems in this journal are: first, how the arrangement of international law on humanitarian intervention. Secondly, the role of the UN in humanitarian intervention in armed conflicts. The method used is a normative legal research methods with the main source of data collection procedures is a legal substance that contains of normative law. The results showed that the rules of international law on humanitarian intervention by the United Nations stipulated in the UN Charter and general principles of international law. Humanitarian intervention legally justified by following provisions in applicable international law, namely Articles 39-51 of UN Charter. While the role of the UN in humanitarian intervention in armed conflicts carried out by the Security Council as the organ of the United Nations in maintaining peace with the decision issued in the form of a resolution for areas experiencing conflict. Therefore, it takes an international treaty that regulates clearly about humanitarian intervention, so that in practice, remain consistent with the objectives and executive organs of humanitarian intervention.

The Challenges of Teaching Comparative Law and Socio-Legal Studies at Indonesia's Law Schools

2019 ◽  
Vol 14 (S1) ◽  
pp. S229-S244
Author(s):  
Herlambang P WIRATRAMAN
Keyword(s):  
Social Change ◽  
Research Methods ◽  
Legal System ◽  
Comparative Law ◽  
Law Schools ◽  
Legal Research ◽  
Legal Studies ◽  
Interdisciplinary Approaches ◽  
Source Materials

AbstractThis article addresses the role of legal research methodologies in the development of legal science and the creation of social change in Indonesia. Based on fieldwork conducted at Indonesian law schools between 2014 and 2016, this article reveals that legal research methods taught in Indonesia are starkly divided into normative-juridical and empirical-juridical approaches. Misunderstandings between adherents of these different schools of thought pose significant obstacles to the development of interdisciplinary approaches to law that span or go beyond the divide. Methodological conflicts resulting in the absence of socio-legal approaches in Indonesian law schools, coupled with outdated and limited source materials, limit the study of comparative law in Indonesia to the mere comparison of statutes and rules shorn of socio-political context. They also fail to instill awareness of the importance of considering social – on top of legal – impact in the context of Indonesia's complex and pluralist legal system.

scholarly journals Comparative Law and the Ad Hoc Tribunals: The Dangers of a Narrow Inquiry†

2012 ◽  
Vol 40 (1-2) ◽  
pp. 22-38
Author(s):  
Aldo Zammit Borda
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Legal Education ◽  
Comparative Law ◽  
Customary International Law ◽  
Legal Rules ◽  
Legal Traditions ◽  
Special Weight ◽  
General Principles Of Law

AbstractThis article focuses on the distinctions that the ad hoc Tribunals have drawn between the comparative law method and the review of evidence for clarifying customary international law and general principles of law. It outlines the dangers in the readiness of some international judges to accept narrow inquiries, which at best attach special weight and at worst restrict the scope of inquiry to a single, specific legal system. The readiness of some international judges to simply elevate legal rules and concepts with which they are familiar from their own legal education and practice to the level of universal truths may imply a failure to understand the other legal traditions on offer. The article concludes by showing that, unless the dangers inherent in the readiness to accept narrow inquiries are clearly emphasized, the achievement of an international criminal justice that is truly tolerant of plurality is a long way off.

The 10th Anniversary of GlobaLex: A Portal Dedicated to Foreign, Comparative and International Law Research

2014 ◽  
Vol 14 (4) ◽  
pp. 300-304 ◽  
Author(s):  
Mirela Roznovschi
Keyword(s):  
International Law ◽  
Comparative Law ◽  
Research Articles ◽  
Legal Research ◽  
Valuable Component ◽  
10Th Anniversary

AbstractSince it was established, GlobaLex has become a recognised and heavily accessed worldwide database of international, foreign, and comparative law research articles. As Mirela Roznovschi explains, GlobaLex represents a valuable component of legal research in today's cyberlegal environment. In February 2015 GlobaLex celebrates a 10 year anniversary. This article celebrates the success of the service.

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