Common Law and Civil Law Today - Convergence and Divergence

Marko Novakovic (Ed.)

by Augusto Sinagra (University “La Sapienza", Italy), Anna Valvo (University of Central Sicily “Kore”, Italy), Letizia Seminara (Sapienza University, Italy; University of Strasbourg, France), Joseph P. Garske , Paolo Bargiacchi (Kore University of Enna, Italy), Cristina Poncibò (University of Turin, Italy), Luka Martin Tomažič (School of Advanced Social Studies, Nova Goricia, Slovenia), Anne Richardson Oakes (Birmingham City University, UK), Jeffrey A. Pojanowski (Notre Dame Law School, USA), William E. Conklin (University of Windsor, Canada), Philipp Janig (Bundeswehr University Munich, Germany), Brice Dickson (Queen’s University Belfast, Northern Ireland, UK), Vesna Ćorić (Institute of Comparative Law, Serbia), Lucia Mokra (Comenius University in Bratislava, Slovakia), Dmitriy V. Galushko (Voronezh State University, Russia), Jelena Kostić (Institute of Comparative Law, Serbia), Ana Knežević Bojović (Institute of Comparative Law, Serbia), Marin Keršić (University of Split, Croatia), Chun Hung Lin (Feng Chia University, Taiwan), Anna Czaplińska (University of Lodz, Poland), Marjolein Cupido (VU University Amsterdam, Netherlands), Paul B. Stephan (University of Virginia, USA)

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Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions.
This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems.
By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

Introduction

Part 1
International and European Law

Chapter 1 International Law as a Wedge between Legal Systems
Paul B. Stephan

Chapter 2 Internal Law and International Law: From Common Law To Civil Law
Augusto Sinagra, Anna Lucia Valvo

Chapter 3 Territorial Knowledge, Sociality and the Convergence of International and Constitutional Law
William E Conklin

Chapter 4 Convergence and Divergence in Statutory Interpretation
Jeffrey A. Pojanowski

Chapter 5 Common Law Constitutionalism and Popular Sovereignty: A Matter of Public Trust
Anne Richardson Oakes

Chapter 6 Legal Globalization through the Constructivist and Poststructuralist Lenses
Luka Martin Tomažič

Chapter 7 With or Without You. Thoughts on Brexit and European Private Law
Cristina Poncibò

Chapter 8 Are European Security Policies Learning some Lessons from the United States on Migration and Human Rights?
Paolo Bargiacchi

Part 2
The Role of the Judicial Bodies

Chapter 9 A few thoughts on various legal traditions, forms of civilization and the ICJ
Marko Novaković

Chapter 10 Anglophone and Civilian Legal Cultures: Global Governance by Corporation and State
Joseph P Garske

Chapter 11 Case-Law Relevance in the European Union Law: The Triumph of reason over Precedent
Letizia Seminara

Chapter 12 The General Principle of ‘Abuse of Rights’: Its Roots in Domestic Law and Impact on Investment Arbitration
Philipp Janig

Chapter 13 The Court of Justice of the European Union and the European Court of Human Rights Procedures: On the Quest for a more Coherent Approach in Human Rights Protection
Vesna Ćorić

Chapter 14 The ECHR’s Influence on Convergence between Common Law and Civil Law Systems
Brice Dickson

Part 3
National implications

Chapter 15 Common Law and Civil Law Approaches to Excessive Group Crimes
Marjolein Cupido

Chapter 16 The Concept of Fault in the Regulation of International Responsibility – Reception or Rejection of Domestic Law Analogy
Anna Czaplińska

Chapter 17 A Mixture of Civil and Common Legal Systems? An Example of Trend of Taiwan’s Legal Development on Information Technology
Chun Hung Lin

Chapter 18 Conceptions of Contract in German and English Law and their Legal Traditions
Marin Keršić

Chapter 19 Institutional Transplants in Serbia – the Stories of Success and Failure
Ana Knežević Bojović

Chapter 20 Supreme Audit Institutions of the Republic of Serbia and the United Kingdom – Comparative Legal Analysis
Jelena Kostić

Chapter 21 Influence of the Eurasian Integration Process on the Legal System of the Russian Federation
Dmitriy V. Galushko

Chapter 22 Convergence and Divergence of International Law in Slovak Judicial System
Lucia Mokrá

Index

Dr. Marko Novaković LL.M. is a research fellow at the Institute of International Politics and Economics, Belgrade and post-doc researcher at the University of Trieste, Italy. He is visiting professor at the Diplomatic Academy. In his editorial work stands out his role as a corresponding editor of the International Legal Materials, a journal published by the American Society of International Law and a membership at the review board of the academic journal Review of International Affairs. He is a Secretary General of the Serbian branch of the International Law Association and a committee member of the ILA committee Human Rights in Times of Emergency. He is a chairman of the Southern European Center for Legal Research. He has been consultant both for governments and international organizations. He published over 30 articles, books, and chapters and was a lecturer in various universities throughout the world.

See also

Bibliographic Information

Book Title
Common Law and Civil Law Today - Convergence and Divergence
ISBN
978-1-62273-507-5
Edition
1st
Number of pages
502
Physical size
236mm x 160mm
Publication date
May 2019
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