The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: * provide a detailed comparative examination of trusts laws in Asian civil law jurisdictions from both operational and theoretical perspectives; * discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them; * engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust; and * evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trusts researchers in Asia and the Anglophone world at large.
This volume develops a framework for the analysis of the role of national legal systems (laws and institutions) as mediators of relations between states, civil society and foreign investors; and applies this framework of analysis in India. The Indian case study examines the extent to which the government, investors and members of the public use the Indian legal system to resolve their differences-Are national law and national courts their weapon of choice? Why or why not? What other methods do they use?The book examines the relationship between legal systems and foreign investment:From each of the three relevant perspectives-state, investor, civil society;At the macro, meso and micro levels-India, Karnataka and Bangalore;Using quantitative and qualitative methods-statistical and ethnographic.The questions it addresses (and the triple perspective/level methodology) are particularly relevant in the context of the growing debate over whether globalisation (economic, cultural and social) is eroding or bolstering the relative importance and power of the state, the international economic actor, and civil society.
Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system's genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law's provenance, in other words its historical DNA.
The study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America. American Constitutional Law, Volume II provides a comprehensive account of the nation's defining document, comparing how its provisions were originally understood by those who drafted and ratified it with contemporary constructions. The authors examine the constitutional thought of the founders, as well as interpretations of the Constitution by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries to provide students with a sense of how the law has been interpreted over the years.
Melbourne Lawyers Articles
Melbourne Lawyers Books