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A Comparative Analysis with Special Reference to Saudia Arabia
This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference.
Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.
The Ius Comparatum series covers all areas of law. It contains the general reports as well as the national and special reports 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 interpretation of how soft law shapes global commerce. Its diverse perspectives and practical insights make it 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 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.
This series critically examines issues of legal doctrine and practice in Central and Eastern Europe, including studies on the harmonization of legal principles and rules; the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The series offers a forum for discussion of topical questions of public and private law from domestic, regional, and international perspectives. Comparative research that provides insights in legal developments that can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of countries in the region also finds a home in the series.

For information about a related title, visit the webpages of the Brill journal Review of Central and East European Law.

Abstract

Relying on a micro-comparative analysis, mainstream comparative scholarship tends to be of the view that most modern legal systems place limits on both the number and the content of the property rights private parties can create. This paper takes a different angle, arguing that such conclusion, although correct and meaningful, is essentially incomplete, as it does not take account of the implications this ‘numerus clausus principle’ has for the institutional governance of legal systems. Adopting a macro-comparative approach, the paper analyses this principle from the perspective of its impact on the role of courts and their legal reasoning in modern Germany, England and the US. It concludes that the numerus clausus principle has materially different ‘systemic effects’ in each of these jurisdictions and that this has important implications both for the understanding of the principle and the development of property law more broadly.

Open Access
In: European Journal of Comparative Law and Governance
The fast changing demographic, economic, legal, political and social developments in Asia have triggered a variety of research agendas that warrant a comparative interpretation of such phenomena. Brill’s Asian Law Series offers a unique platform for Western and Asian legal scholars and practitioners to exchange their perspectives on interdisciplinary questions that affect national societies, regional developments and international relations. Brill’s Asian Law Series pursues to be a qualitative and authoritative source of knowledge with regional focus that envisions a long-term relationship and dialogue between Western and Eastern institutes and cultures. Brill’s Asian Law Series enables a broad readership to compare and better understand the legal complexities faced in specific jurisdictions, legal systems, branches of law and contexts across Asia.
Published under the Transnational Publishers imprint. This series has been discontinued. The follow up series is the International Criminal Law Series.