2019 Annual Seminar – Legal Transplants and Mixed Jurisdictions – In Honour of the Late Prof. Alan Watson

University of Central Lancashire 3 September 2019 9.30-12.20 Welcome President of BACL, Annette Nordhausen Scholes, & sponsors, Intersentia.   Session 1 (9.45-11.00)   Prof. John Cairns (Edinburgh): The Birth of Mixed Legal Systems in the British Empire   Prof. Dr. Uwe Kischel (Greifswald): Theorising Legal Transplants?   COFFEE BREAK:  11.00-11.20 (kindly sponsored by Intersentia)   … Continue reading 2019 Annual Seminar – Legal Transplants and Mixed Jurisdictions – In Honour of the Late Prof. Alan Watson

Vito Breda – The New Caledonia 2018 Referendum: Crisis in Consociative Democracies Redux

Last November, New Caledonia rejected, albeit with a less than expected majority (at 56.7% of the vote), the possibility of becoming a sovereign nation. The indication of a leaning towards secession was confirmed in the  last  elections in which loyalist political parties held on to a two-seat majority in the New Caledonian Congress. External observers … Continue reading Vito Breda – The New Caledonia 2018 Referendum: Crisis in Consociative Democracies Redux

Executory Contracts in Insolvency Law – A Global Perspective (Edward Elgar 2019)

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)

BACL Postgraduate Workshop Thursday 11th April-Friday 12th April 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.

Interview with Uwe Kischel on his book Comparative Law (OUP 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 ‘Tinkerbell moment”: why we should care about Comparative Human Rights Law

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

Understanding Vicarious Liability in Tort – The value of a comparative perspective

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 Federalism Matters – Francesco Palermo and Karl Kössler, Comparative Federalism Concepts and Case Law, Oxford, Hart, 2017, 478 pp.

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.