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Law Reforms Around the World: An International Economic Law Perspective

Law Reforms Around the World: An International Economic Law Perspective

Author: Asif H. Qureshi
Publisher: Routledge
ISBN: 9781032359861

Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781032359878

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Description
Contents

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Encapsulating law reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law.

This edited volume sheds light on law reform in its domestic, comparative, regional and international settings. It examines the process of law reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding law reform and calls for such an approach in the very process of law reform. It begins by looking at law reform processes from a theoretical perspective. Thereafter, it sheds light on domestic law reform processes in civil and common law legal systems. This is followed by a focus on law reform at the international level with a critical appraisal of the International Law Commission (ILC) drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in law reform by the IMF, World Trade Organization/World Intellectual Property Organization, Multilateral Development Banks, and the African Union Commission on International Law.

This volume should appeal to students, serious scholars, policy makers, judges and the community of national and international lawyers interested in bringing effective reform in the national and international arenas.

Introduction

1. A Holistic Approach to the Domestic & International Law Reform Systems, Asif H Qureshi

Part One: Empirical & Theoretical Aspects

2. Mapping of World Law Reform Institutions, LI Zhuangxu, LI Manyun, & HU Minghao 3. Law Reform Commissions in Civil law and Common Law, Kyung Sin PARK 4. Unlocking Boundaries: Law Reform and the Progressive Development of International Law, Cecilia J. Flores Elizondo and Sufyan Droubi

Part Two: Law Reform in Civil Law Systems

5. Law Reform in Latin America, Daniel Freire e Almeida & Dan WEI 6. The Law Reform in China, HUANG Hui 7. The Pattern of Russian Legal Codification in Historical and Comparative Perspectives, Dmitry Poldnikov

Part Three: Law Reform in Common Law Systems

8. Progressive Development and Codification of Laws: Role of Institutionalised Mechanisms for Law Reform in Domestic Jurisdictions in Africa – Challenges and Prospects, Oti Anukpe Ovrawah 9. The Law Commission of India – A Critical Analysis of its Contributions to Law Reform, Sai Ramani Garimella & Gautam Mohanty 10. International Law Reform: Lessons from National Law Commissions – The Case of the United Kingdom, Venkat Iyer

Part Four: 1. Law Reform in International Law & the UN International Law Commission

11. The Political Economy of U.S. Law Reform with Respect to International Law and Transactions, Paul B. Stephan 12. Marxist View of International Law Reform from China’s Perspective, HE Zhipeng & WEI Xiaoxu 13. The International Law Commission at a Crossroad: Topics and Methods of Codification, Pavel Šturma 14. International Law Reforms and the International Law Commission, Aniruddha Rajput 15. Reforming Law Reform in International Law: Towards a Reasonable Selection Process for Greater Legitimacy of the ILC, Nany Hur 16. The Need for Interdisciplinarity in the Work of the International Law Commission, Anthony Carty

Part Four: 2. Law Reform: Regional and Multilateral Economic Organizations

17. The Fostering of Law Reform by Multilateral Development Banks, Gerard J. Sanders 18. The International Monetary Fund and Law Reform, Nadia Rendak 19. WIPO and TRIPs: In Pursuit of Mitigating the Time Lag in Law Reform Concerned with Technological Developments, Danny Friedman 20. A Critical Evaluation of the African Union Commission on International Law: A Model for Other Countries? Mohammed El-Said

Part Five: UN ILC -- International Economic & Environment Law

21. Codifying Fundamental Principles of International Economic Law? Asif H Qureshi 22. Time to Codify International Investment Law? Not yet, Ji MA 23. The International Law Commission and International Economic Law––No Chance for a Real Encounter, Leïla Choukroune 24. ILC Draft Guidelines on the Protection of the Atmosphere: A Critique, Abhishek Trivedi & Stellina Jolly

Conclusion