The book Executory Contracts in Insolvency Law: A Global Guide (published by Edward Elgar and edited by myself and Professor Jason Chuah, the Head of the Law School at City, University of London) is made up of a peer-reviewed collection of chapters which set out how the different insolvency law systems considered in the study treat … Continue reading Executory Contracts in Insolvency Law – A Global Perspective (Edward Elgar 2019)
Thank you to Dr Mary Guy for organising this year’s annual BACL workshop, which was kindly supported by Intersentia and hosted by Lancaster University. As in previous years, many different comparative research projects were discussed by PhD students in this year’s BACL Post-graduate Workshop. It provided an opportunity for PhD students to discuss their research … Continue reading BACL Postgraduate Workshop Thursday 11th April-Friday 12th April 2019.
Uwe Kischel’s comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that … Continue reading Interview with Uwe Kischel on his book Comparative Law (OUP 2019)
The human rights contestations facing courts in different jurisdictions are remarkably similar. Does the death penalty breach human rights? Does freedom of speech include racist speech? What are the appropriate limits of freedom of religion? Is there a right to health? On the one hand, the shared language of human rights suggests that there should … Continue reading The ‘Tinkerbell moment”: why we should care about Comparative Human Rights Law
In recent years, a debate has raged among scholars of labour law regarding the nature and scope of the discipline today, in an era when so many of the premises upon which labour law was originally constructed and theorised no longer hold true. Very significant, and ongoing, changes to the organisation and regulation of working … Continue reading Labour Constitutions and Comparative Law
Unlike breach, withdrawal from an international treaty is in principle a lawful act. Article 54 of the Vienna Convention on the Law of the Treaties allows a State to withdraw from a treaty either in conformity with the relevant provisions or by consent of all parties. In that sense, Article 50 TEU that provides for … Continue reading Brexit as a secession
In this blog, I will discuss two recent publications which address comparatively the doctrine of vicarious liability in tort and demonstrate the value of a comparative perspective in this field. Vicarious liability is a rule of responsibility which is found across the common law of tort and typically renders an employer strictly liable for the … Continue reading Understanding Vicarious Liability in Tort – The value of a comparative perspective
Why are federal and regional systems looked at with increasing interest? What are their objectives? How do these systems look like in times of globalization and supranational integration? How are powers divided legally and exercised in practice? How do courts interpret intergovernmental relations? Which are the lessons to be learned and applied by practitioners, policy-makers … Continue reading Why Federalism Matters – Francesco Palermo and Karl Kössler, Comparative Federalism Concepts and Case Law, Oxford, Hart, 2017, 478 pp.
Comparative Criminal Law seems to be on the rise, at least in terms of standing on its own feet. However, this was not always the case. When looking into traditional textbooks on “comparative law”, it is amazing to see that this discipline, as a matter of course, seems to have been considered a realm of … Continue reading Albin Eser – Comparative Criminal Law. Development – Aims – Methods. C.H.BECK HART – NOMOS, 2017
Last November, the Spanish Public Prosecutor’s Office announced that it would ask for long-term prison sentences for the Catalonian politicians who organised and supported the illegal referendum on the 1st of October 2017. The criminal prosecution of political leaders who acted with a clear electoral mandate is worrying for all those who perceive that the … Continue reading Catalonian Independence: Unbounding a Blood and Belonging Constitutional System