Codification in East Asia

Codification in East Asia
Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
Total Pages: 248
Release: 2014-02-07
Genre: Law
ISBN: 3319034464

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

Codification in International Perspective

Codification in International Perspective
Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
Total Pages: 374
Release: 2014-02-12
Genre: Law
ISBN: 3319034553

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

Codification of Maritime Law

Codification of Maritime Law
Author: Justyna Nawrot
Publisher: Informa Law from Routledge
Total Pages: 296
Release: 2021-08-02
Genre:
ISBN: 9781032081960

This book explores the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted national codifications of maritime law from the codification point of view.

The Codification of Criminal Law

The Codification of Criminal Law
Author: Michael Bohlander
Publisher: Routledge
Total Pages: 0
Release: 2014
Genre: Criminal law
ISBN: 9781409454663

This volume contributes to the codification debate by bringing together research articles which compare and contrast the experience of countries which have a criminal code with those operating a case law system. Whereas wholesale codification is a much more accepted phenomenon in the continental law traditions, simplistic transplants from one legal tradition can result in systemic frictions and other anomalies which may offend domestic culture. This collection is an invaluable reference tool which supports the discussion over codification and promotes better understanding across the common law/civil law divide.

The Scope and Structure of Civil Codes

The Scope and Structure of Civil Codes
Author: Julio César Rivera
Publisher: Springer Science & Business Media
Total Pages: 477
Release: 2014-02-04
Genre: Law
ISBN: 9400779429

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Fundamentals of Public International Law

Fundamentals of Public International Law
Author: Giovanni Distefano
Publisher: BRILL
Total Pages: 991
Release: 2019-05-07
Genre: Law
ISBN: 9004396691

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.

Foundations of World Order

Foundations of World Order
Author: Francis Anthony Boyle
Publisher: Duke University Press
Total Pages: 236
Release: 1999
Genre: Law
ISBN: 9780822323648

One volume of multi-volume history of international law.

The International Law of the Sea

The International Law of the Sea
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
Total Pages: 505
Release: 2012-04-05
Genre: Law
ISBN: 1107009995

This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.

The Western Codification of Criminal Law

The Western Codification of Criminal Law
Author: Aniceto Masferrer
Publisher: Springer
Total Pages: 427
Release: 2018-03-09
Genre: Law
ISBN: 3319719122

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.