Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.

This book is about foreign law the law of a country other than that of the 'national' lawyer and how to engage with it.

This new volume contains fourteen national reports and a General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer an interesting cross-section of contemporary court practice from a wide variety of countries around the world andndash; large and small, unitary and federal, and with differing historical backgrounds. All demonstrate the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.

When a claimant demands an interpretation of a right in international law that goes beyond existing conventional, statutory or customary norms, proceedings enter the uncharted area of equity in international law. This original book tackles this complex subject with precision and authority. Evaluating past applications of equity, it contributes to improving the record of judicial performance in controversies for which equity is alleged to be relevant. Any decisionmaker confronted with a claim to apply equity will benefit greatly from this book. Published under the Transnational Publishers imprint.

This companion to 'Transnational Commercial Law - Text, Cases and Materials' contains up-to-date primary materials for students without linking commentary.