This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
This book investigates public claims for the protection of weak groups and interests in Japan and China from the nineteenth century to the present day. Taking an interdisciplinary approach, it engages with ongoing global debates relevant to both Western and non-Western societies whilst also providing an historically informed analysis of contemporary issues. Using case studies on disaster victims, employee well-being, cultural heritage and animal welfare, this book analytically distinguishes between framing, mobilisation and institutionalisation processes. It examines these processes at the intersections of international and domestic spheres and, in doing so, demonstrates how drives for protection are formulated, contested and played out in practice. Ultimately however, this book argues that claims for protection do not necessarily translate into effective measures, but may in fact entail ambiguous or negative outcomes for the protected ‘weak’. Protecting the Weak in East Asia makes a significant contribution to the empirical and theoretical research into the transformation of East Asian societies. As such, it will appeal to students and scholars of Asian history, Asian culture and society and East Asian Studies more broadly.
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
"In The Origins of Nonliberal Capitalism, German sociologists and American and Japanese political scientists draw extensively on the work of economists and historians from their home countries, as well as from the United Kingdom and France. The contributors analyze the historical origins of nonliberal capitalism in Germany and Japan from two perspectives: the emergence and survival of a capitalism that does not assume liberal ideas and ideology; and the causes of difference between the systems of Germany and Japan. They also outline the requirements for internally coherent national models of an embedded capitalist economy."--BOOK JACKET.
