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The Ius Comparatum series covers all areas of law. It contains the general reports as well as the special reports (national and non-national) of the General Congresses and Thematic Congresses of the International Academy of Comparative Law as well as publications related to the Academy’s activities. The books are published in English and French.
A Comparative Analysis of the Harmonizing Effect of the UCP
Expert contributors to this volume offer a comprehensive exploration of the UCP 600's impact on international trade finance law, examining the dynamic interplay between soft law and legal harmonization in 28 jurisdictions across all continents. With a rich array of case studies and insightful analysis, this book provides a nuanced understanding of how soft law shapes global commerce. Its diverse perspectives and practical insights make it an essential reading for practitioners and scholars seeking a deeper understanding of the real-world implications of soft law in trade.
This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
This policy-oriented jurisprudence presents the latest research findings on legal challenges faced by the international regulatory framework, as posed by the increasing deployment of uncrewed vessels at sea. It is the first publication that offers discussions and opinions reflecting a combined international and comparative (especially, eastern) perspective. The contributors from multiple jurisdictions elaborate on legal implications of the use of uncrewed vessels for military, commercial, scientific-research, and law-enforcement purposes from such diverse angles as the law of the sea, international humanitarian law, the law of war, global shipping regulation, marine environment protection, cybersecurity, and artificial intelligence and law.
Volume Editors: and
This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.

Abstract

National laws apply the same substantive legal rules to both insurance and reinsurance contracts. Specific legal rules pertaining exclusively to reinsurance are established for regulatory purposes. There is therefore a risk that in reinsurance cases national courts will apply the same substantive rules as they apply to insurance contracts. The latter, however, are anchored in national traditions and may not be suited to the international character of reinsurance. The Principles of Reinsurance Contract Law 2019 (pricl) represents a serious attempt to overcome that problem. A key aspect of the pricl is Article 2.4.2, which requires the reinsured to handle insured claims reasonably and prudently, under pain of losing reinsurance coverage. Any claims handling process must satisfy the standard of utmost good faith, which translates in practice as a requirement to use subrogation, comply with any limits on claims set under national law, share information with the reinsurer and rightly allocate claims judiciously. In determining whether claims have been handled reasonably and prudently, national judges need to exercise discretion while also applying mandatory national rules.

In: Global Journal of Comparative Law

Abstract

This comparative study delves into the intricate landscape of privacy and data protection risks associated with the integration of artificial intelligence (ai) applications within the framework of the brics nations—Brazil, Russia, India, China, and South Africa. As ai continues to revolutionize various sectors, concerns over the security of personal data have escalated, prompting the need for robust data protection regulations. This study critically analyzes the data protection bills of the brics nations, evaluating their effectiveness in mitigating privacy risks posed by ai technologies. By examining the distinct legal frameworks and policy approaches, the research highlights commonalities and divergences in addressing ai-related privacy challenges. Key factors explored encompass the scope of personal data, consent mechanisms, cross-border data transfers, data localization requirements, and the establishment of regulatory authorities. The analysis underscores the evolving nature of privacy and data protection laws within the dynamic landscape of ai. The research illuminates how each brics nation grapples with reconciling technological advancement and individual privacy rights. By identifying strengths and limitations, this study contributes to a deeper understanding of the global efforts to harness ai’s potential while safeguarding personal data, offering insights valuable to policymakers, legal professionals, and stakeholders invested in the responsible development and deployment of ai technologies across diverse jurisdictions.

In: Global Journal of Comparative Law
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In: Global Journal of Comparative Law

Abstract

Without ex-ante judicial oversight, there is a significant risk that individuals’ fundamental rights could be severely threatened under the guise of pursuing and investigating individuals. This research adopts a descriptive-analytical methodology, utilizing relevant legal literature to elucidate the role of ex-ante judicial oversight. The aim is to explain the significance and position of this institution in ensuring a fair trial, upholding the presumption of innocence, and striking a balance between the rights of the parties involved in a criminal case, all based on the principles of the rule of law and jurisprudence. Implementing ex-ante judicial oversight is the enhancement of public trust in the functioning of the judicial system ensures the system’s efficiency and prevents the misuse of legal powers by prosecution and investigation authorities. The research findings underscore the necessity of strengthening ex-ante judicial oversight over investigative and prosecutorial measures, particularly in Iran and Syria.

In: Global Journal of Comparative Law

Abstract

The Freedom of Information Act 12/2020 represents another milestone in the construction of constitutional governance in Kuwait. The legislation forms one element of the quest to administer state institutions with greater transparency and accountability. The effective implementation of the Act is safeguarded by: an internal appeal and judicial review against refusal of requests and the criminalization of the deliberate refraining from providing the information. Still, the effectiveness of this scheme remains in doubt because of the wide discretion to decline requests granted to the public bodies and these limited enforcement mechanisms. Building on international best practice, this paper argues that further vital enforcement-oriented reforms must be implemented through additional civil law oversight (an information commission) to handle appeals against refusal and broader oversight functions. However, these technical advances must be accompanied by broader initiatives such as public education and the training of officials. Only then can the Kuwaiti version of freedom of information become a beacon to others in the region.

In: Global Journal of Comparative Law