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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 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...
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 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...
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...
The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are...
This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution...
How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the...
This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays...
This book analyzes the legal issues connected with the provision of Uber-related services. It primarily focuses on the various contractual and non-contractual relationships that occur during the use of Uber applications, especially with reference to Uber headquarters...
This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and...
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence...
Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept...
The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where...
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