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This research review has been written to serve two purposes. The first is to explain the coming-to-be of comparative legal history as a scholarly practice in both its European and its extra-European emphases. The second is to present exemplary research representing not only the comparative perspective’s concrete achievements to date, but also, and more pronouncedly, to stimulate the scholarly imagination. The review selects a key sampling of texts, which demonstrate how comparative legal history may be pursued and what it may achieve.
This research review identifies a representative selection of leading articles by outstanding scholars, practitioners, and policymakers in the field of international environmental law (IEL). Professor Anton has selected contributions along three major lines. Firstly, the papers explore the challenge of transnational environmental problems and the nature of IEL, including fundamental principles and concepts, actors, and compliance and enforcement. Secondly, the development and application of IEL in the context of specific regimes, including atmosphere, oceans, and hazardous substances. Finally, the papers examine how IEL interacts with other international legal regimes, including international trade and human rights. The text reflects a broad diversity of views and covers the most important key areas currently debated in IEL.
International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.
This Research Review surveys the main contribution to labor supply decisions within the family. It covers both theory, from the initial ‘unitary’ model that postulates that the family behaves as a single decision maker, to modern ‘collective’ approaches that concentrates on differences in preferences and power relationships and empirical applications. A special emphasis is placed on dynamic approaches, in particular issues related to intra-household commitment, and on policy implications.
This invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.
The economic impact of intellectual property rights has been the subject of considerable debate and research. This engaging research review discusses literature by distinguished scholars who have addressed, from different perspectives and in different contexts, how such rights help to shape goods and technology markets. The economic effects of intellectual property vary depending on the sectors involved, the level of development of the countries where they apply, and the policies implemented to govern their recognition and enforcement. Written by an expert in the field, this review is essential reading for academics, students, professionals and policy makers interested in understanding the role of intellectual property in national economies as well as in an international dimension.
At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a “democratic entitlement” was then emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of a democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. This research review identifies the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent “democratic recession” in many regions of the world.
Banks have a special position in the financial system. Their exclusive link to the central bank puts them at the top of the financial system and enables banks to offer liquidity to the wider economy. They also provide loans and payment services to firms and households. This multifaceted nature of banking makes the economics of banking exciting. This Research Review assembles the best ‘banking’ papers on all these dimensions and will be invaluable for banking scholars and practitioners.
This timely and original research review provides a comprehensive review of the role and activities of the International Court of Justice (the ‘World Court’) and its role in the important issues of international law. Covering the courts activities, procedure and contribution to the progressive development of international law as well as legal disputes and advisory opinions, this original piece proves an important and broad resource for scholars and students alike.
