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Victor P. Goldberg

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Veronica Corcodel

This book has shown that for more than a century an important part of Euro-American comparative legal thought has been animated in different ways by tensions between inclusion and exclusion. This dynamic operates through antinomies between the particular and the universal, between critiques and apologies for Western domination. Based on postcolonial insights, ideas about the West and its Others have been approached as politically meaningful representations, embedded in historical and contemporary (neo-) liberal power relationships.1 The objective was to understand better the governance implica¬tions of comparative legal knowledge and the ways in which it is constructed.

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Veronica Corcodel

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Hossein Fazilatfar

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Veronica Corcodel

[Imperialist propensity] is not just a matter of Westerners who (would) not have enough sympathy for or comprehension of foreign cultures - since there are, after all, some artists and intellectuals who have, in effect, crossed to the other side . . . What is perhaps more relevant is the political willingness to take seriously the alternatives to imperialism.

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Victor P. Goldberg

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Hossein Fazilatfar

As one scholar states: “Few legal issues ignite such major debates amongst lawyers as the issue of mandatory rules of law.” Mandatory rules are the imperative provisions of law, which must be applied to a transaction involving a foreign element, irrespective of the law that governs that transaction. In other words, mandatory rules are laws that may not be derogated from or excluded by contracting parties. Article 9 of the Rome I Regulation refers to mandatory rules as overriding mandatory provisions: “provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organization, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract ….”

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Hossein Fazilatfar

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Modern Law and Otherness

The Dynamics of Inclusion and Exclusion in Comparative Legal Thought

Veronica Corcodel

Over the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the “non-West” is constructed in Euro-American comparative law. Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field.
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Hossein Fazilatfar

Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.