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As law's institutional configurations stand, comparative law is a relatively new discipline. The first specialized journals and chairs, for example, go back a mere two hundred years or so. Yet, in its two centuries of institutional existence, comparative law has been the focus of much discussion, mostly by comparatists themselves reflecting on their practice. Indeed, some of this thinking came firmly to establish itself as a governing epistemology within the field. This book holds that the time...

Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of the...

This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has...

Bisher haben nur wenige Staaten Afrikas das Wiener UN-Kaufrechtsubereinkommen von 1980 (CISG) ratifiziert. Seit dem 1. Januar 1998 kommt es in West- und Zentralafrika jedoch mittelbar zur Anwendung: Seit diesem Datum ist in den 16 Mitgliedstaaten der Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA) ein einheitliches Handelsrecht in Kraft, dessen Bestimmungen uber den Warenkauf weitgehend denen des CISG nachgebildet wurden. Daneben standen auch die bis dahin in den meist...

The 'lost decade' of economic stagnation in Japan during the 1990s has become a 'found decade' for regulatory and institutional reform. Nowhere is this more evident than in corporate law. In 2005, for example, a spate of reforms to the Commercial Code culminated in the new Company Act, a statute promising greater organisational flexibility and shareholder empowerment for Japanese corporations competing in a more globalised economy. But does this new law herald a more 'Americanised' system of cor...

Long description from APFThis book contributes to the (currently sparse) literature on constitutional design in Scotland. The rise of the Scottish national movement has been accompanied by the emergence of a distinct constitutional ideas, claims and arguments. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on th...

Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peac...

This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnershi...

Lasting Valor tells of some of the most dramatic acts of courage attempted in the entire Mediterranean theater during WWII–acts that resulted in Baker’s being awarded the Purple Heart, a Bronze Star and Distinguished Service Cross. On April 15, 1945, as part of one of the last segregated outfits to go to war for the United States, Lieutenant Baker knew he and his men were being deserted when, during the battle for Castle Aghinolfo in Northern Italy, his white commander told him he was going for...

This play, which contains biographical information relating to Herman Melville, is fundamentally an exploration of the ways in which these two things take place. The play admits the truth of Walter Benjamin's view of history as 'time filled by the presence of the now'. Parallels between past and present (e.g., racism, domestic abuse, and the plight of the visionary American artist) are clearly implied, but the play also utilizes new technologies, in particular video, in order to represent the ki...