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This book explores the intersection of consumer contracts and private international law, with a specific focus on tourists in China. The primary aim is to analyze how private international law addresses consumer protection issues, particularly for tourists, and to come...
This book investigates the relationship between the European Court of Human Rights (ECtHR) and national constitutional courts by providing a more general assessment as seen from the former’s perspective. Adopting an empirical approach, the book reviews all the case law...
This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law”...
How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how...
“Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within...
This book traces, assesses and compares the history of conscientious objection – in the cultural context of six common law nations – from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to the current social polarisation...
This book draws attention to the nonlegal, sociocultural aspects of justice for minorities in China. The primary objectives are threefold. The first is to present a tentative analysis of the lived realities of being ‘the other’ in China, with the aim of presenting...
Enough laws have been enacted since the adoption of the Nagoya Protocol on access and benefit-sharing to permit a study which is capable of accurately portraying the status quo of national implementation of the Protocol and the ensuing practice, emerging...
The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the...
This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case...
This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of...
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which...
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a...
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA...
This book, which updates and expands the third edition published by Springer in 2015, explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. From the standpoint of the...
This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts...
The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management.The correlation between court structure and case management is a pivotal...
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between...
This book is a comparative study of judge-managed court systems across Australia, Europe and North America.This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial...
This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and...
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