Japanese And European Private International Law In Comparative Perspective

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Japanese and European Private International Law in Comparative Perspective

Author : Jürgen Basedow
Publisher : Mohr Siebeck
ISBN 13 : 9783161495472
Total Pages : 468 pages
Book Rating : 4.4/5 (954 download)

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Book Synopsis Japanese and European Private International Law in Comparative Perspective by : Jürgen Basedow

Download or read book Japanese and European Private International Law in Comparative Perspective written by Jürgen Basedow and published by Mohr Siebeck. This book was released on 2008 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Private International Law in Japan

Author : Jun Yokoyama
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519711
Total Pages : 318 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Japan by : Jun Yokoyama

Download or read book Private International Law in Japan written by Jun Yokoyama and published by Kluwer Law International B.V.. This book was released on 2019-12-13 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Japan. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Japan. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Japanese Private International Law

Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924310
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Japanese Private International Law by : Kazuaki Nishioka

Download or read book Japanese Private International Law written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung

Author : Zentarō Kitagawa
Publisher : Walter de Gruyter
ISBN 13 : 9783899494327
Total Pages : 298 pages
Book Rating : 4.4/5 (943 download)

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Book Synopsis Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung by : Zentarō Kitagawa

Download or read book Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung written by Zentarō Kitagawa and published by Walter de Gruyter. This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments of the law in Japan and in Germany provide ample reason for an inquiry into "The Identity of Japanese and German Civil Law". Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as "theory reception" (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of "consumer law" - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a "Europeanization" of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the "Germany Year in Japan". In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

Private International Law in East Asia

Author : Olivier Gaillard
Publisher : Bloomsbury Publishing
ISBN 13 : 150997010X
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in East Asia by : Olivier Gaillard

Download or read book Private International Law in East Asia written by Olivier Gaillard and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Yearbook of Private International Law

Author : Andrea Bonomi
Publisher : sellier. european law publ.
ISBN 13 : 3866531141
Total Pages : 760 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Yearbook of Private International Law by : Andrea Bonomi

Download or read book Yearbook of Private International Law written by Andrea Bonomi and published by sellier. european law publ.. This book was released on 2009-04-17 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.

Intellectual Property and Private International Law

Author : Toshiyuki Kono
Publisher : Bloomsbury Publishing
ISBN 13 : 184731970X
Total Pages : 1138 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property and Private International Law by : Toshiyuki Kono

Download or read book Intellectual Property and Private International Law written by Toshiyuki Kono and published by Bloomsbury Publishing. This book was released on 2012-06-29 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Comparative Tort Law

Author : Thomas Kadner Kadner-Graziano
Publisher : Routledge
ISBN 13 : 135134062X
Total Pages : 807 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Comparative Tort Law by : Thomas Kadner Kadner-Graziano

Download or read book Comparative Tort Law written by Thomas Kadner Kadner-Graziano and published by Routledge. This book was released on 2018-03-20 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Private International Law

Author : Symeon C. Symeonides
Publisher : BRILL
ISBN 13 : 9004503919
Total Pages : 502 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Private International Law by : Symeon C. Symeonides

Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

Codification in East Asia

Author : Wen-Yeu Wang
Publisher : Springer Science & Business Media
ISBN 13 : 3319034464
Total Pages : 248 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Codification in East Asia by : Wen-Yeu Wang

Download or read book Codification in East Asia written by Wen-Yeu Wang and published by Springer Science & Business Media. This book was released on 2014-02-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Lectures on Japanese Law

Author : Luis Pedriza
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis Lectures on Japanese Law by : Luis Pedriza

Download or read book Lectures on Japanese Law written by Luis Pedriza and published by . This book was released on 2017 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

General Principles of European Private International Law

Author : Stefan Leible
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159649
Total Pages : 418 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis General Principles of European Private International Law by : Stefan Leible

Download or read book General Principles of European Private International Law written by Stefan Leible and published by Kluwer Law International B.V.. This book was released on 2016-02-22 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

The Rule of Law in Japan

Author : Carl F. Goodman
Publisher :
ISBN 13 : 9789041141255
Total Pages : 0 pages
Book Rating : 4.1/5 (412 download)

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Book Synopsis The Rule of Law in Japan by : Carl F. Goodman

Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since publication of the first edition, practitioners who deal with Japanese law have put great store in this major work, which systematically compares U.S. law and Japanese law across all the major fields of legal practice. Japan's legal system has changed dramatically since the publication of the Second Revised Edition as a consequence of Legislation and Supreme Court decisions in such diverse areas as public law (including administrative, election, constitutional and criminal law) as well as private law (including custody, assisted reproduction technology, labor law, discrimination, corporate governance, civil litigation, etc.). This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today while adding new chapters on Freedom of Expression and Conflict of Laws. Author Carl Goodman--an internationally known authority with extensive experience in international practice, university teaching in both Japan and the U.S., and U.S. government service--takes expert stock of these new developments, including the following: the ongoing liberalization of corporation law; the changes in criminal law brought about as a consequence of the system of lay/professional judges; the codification and clarification of rules dealing with transnational jurisdiction; protection of corporate whistleblowers; an evaluation of the revamping of the education system for lawyers; the new law governing choice of law questions in international cases; the protections extended to the growing temporary work force; freedom of religion--shrines on public lands--and freedom of conscience--teachers and the National Anthem; modified criminal law procedural protections and new rules for judicial evaluation of circumstantial evidence cases; communitarianism and Japanese law; continuing growth in judicial review including constitutional and administrative cases; and family law--surrogacy, adoption, ART, international custody and the Hague Convention, Gender Identity disorder, brain death, organ transplantation etc. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that 'what you see may not be what you get.' For this reason, and for its comprehensive coverage, this third edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.

Conflict of Laws: A Comparative Approach

Author : Cuniberti, Gilles
Publisher : Edward Elgar Publishing
ISBN 13 : 1839106530
Total Pages : 488 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Conflict of Laws: A Comparative Approach by : Cuniberti, Gilles

Download or read book Conflict of Laws: A Comparative Approach written by Cuniberti, Gilles and published by Edward Elgar Publishing. This book was released on 2022-02-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.

Private Antitrust Litigation in the European Union and Japan

Author : Simon Vande Walle
Publisher : Maklu
ISBN 13 : 9046605264
Total Pages : 358 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Private Antitrust Litigation in the European Union and Japan by : Simon Vande Walle

Download or read book Private Antitrust Litigation in the European Union and Japan written by Simon Vande Walle and published by Maklu. This book was released on 2013 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.

Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924272
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Anselmo Reyes

Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565516
Total Pages : 1536 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Comparative Law by : Mathias Reimann

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.