Does it make any sense to study the history of legal scholarship in the 21st century? The answer is not self-evident at all. Our age is definitely fascinated by contemporariness, we are inclined to think in the present tense mostly. In light of this apparent confidence in the present, history seems to be an auxiliary … Continue reading A new look at the history of modern European comparative law, by Balázs Fekete
On 29th and 30th March 2021, the British Association of Comparative Law organised two webinars entitled respectively Comparative Torts: Liability for Emerging Technologies and Comparative Torts: Liability for Ecological Harm. The 2019 fifth edition of Markesinis’ magisterial German Law of Torts (1986), by John Bell and André Janssen, is an ideal and indispensable source of … Continue reading COMPARATIVE TORTS: DISCUSSION AROUND MARKESINIS’S GERMAN LAW OF TORTS BY B.S. MARKESINIS, J. BELL AND A. JANSSEN – Report
Background and research questions The book Procedural Autonomy Across Europe, Bart Krans and Anna Nylund (eds.), Intersentia 2020) draws on insights from a previous research project on the interaction between EU law and national civil procedural law (The European Union and National Civil Procedure, Anna Nylund and Bart Krans (eds.), Intersentia 2016). While a body … Continue reading Procedural Autonomy Across Europe (Intersentia 2020)
The latest edition of the 2018 Common Law World Review is dedicated to papers first delivered at a joint seminar of the British Association of Comparative Law and the Irish Society of Comparative Law, held at University College Dublin on 5 September 2017. This was the first time BACL and ISCL had collaborated in this … Continue reading Publication of papers from BACL Annual Seminar 2017: Comparing UK and Irish law: A special relationship? – Common Law World Review 2018; 47(1): 3–102
This article is based on a key note paper I gave at the SLS Comparative Law subject section in Dublin in 2017 and I am very grateful to the organisers and the audience for the opportunity to discuss a relatively under-researched topic: the extent to which tort law whose origin is European Union law is … Continue reading New Publication: Paula Giliker ‘What do we mean by EU Tort Law?’ Journal of European Tort Law 2018; 9(1): 1–24
October 2017 marked the publication of the Edward Elgar Research Handbook on EU Tort Law. This is part of the series of Research Handbooks in European Law published by leading Law publishing house, Edward Elgar, which offer authoritative reference points for academics, students, and practitioners studying or working in EU law, private law and comparative … Continue reading Editing a Handbook on European Union Tort Law – Brexit, Language and Deadlines
Should the courts be able to regulate contractual terms which impose a penalty for breach of contract? This is a question which goes to the heart of the principle of freedom of contract. We know that contracting parties will often seek to rely on penalty clauses to “discourage” the other party from breaking the contract … Continue reading Paula Giliker – Penalty clauses in the private law courts of Europe – To enforce or not to enforce (or to modify)?