This book is a collection of papers, revised and updated by their authors, originally presented at the Journal of Comparative Law Workshop on Global Wrongs and Private Law Remedies and Procedures that took place in London in July 2009.
The essays look at a variety of global issues of individual, communal and social justice and the increasing role of private law remedies and procedures in addressing Global Wrongs, broadly defined as violations of personal or communal interests, whether already protected by domestic or international law, or emerging for protection for the first time in the dynamic of global communication, legal pluralism and the global exchange of ideas and values.
Global wrongs are either international or transnational, such as harm that geographically transcends domestic jurisdictional frontiers, or for which domestic courts claim universal jurisdiction, or local, but common to several jurisdictions.
The authors examine the role of private law in dealing with them in several different jurisdictions, including China, and draw important conclusions for global legal enforcement and legal development.
Part of JCL Studies in Comparative Law Series (No 5)
ABOUT THE EDITOR
Stathis Banakas is a Reader in Law and Director of the LLB with American Law programme at the University of East Anglia, Norwich, England. He is an Attorney at Law (Dikigoros), and a member of the Athens Bar. He also teaches regularly the course on Comparative Law at the London Programme of the University of Notre Dame, at the International Faculty of Comparative Law, Strasbourg (since 1993), and the Bucerius Law School in Hamburg. He holds other regular visiting appointments in Universities in Europe and the US. He has extensive publications in English, European and transnational civil liability law and globalization, justice and private law enforcement.
Banakas, Stathis – Preface
Banakas, Stathis - Private law Remedies and Procedures:A Double-edged sword?
Moscati, Maria Federica - Individual Autonomy, Public Wrongs and sexual orientation: Italian Case in Comparative Perspective
Nesossi, Elisa - Civil litigation for Violations of Inter- national Human Rights law: The Case of the Falun Gong under the Alien Tort Claims Act of 1789;
Schiaffo, Francesco - The Privatization of the management of Public security in Recent Italian legislation: A Brief Focus on the Italian Reform of self-Defence;
Palmer, Michael Administrative Suits and Harmonious Settlements: A Twilight Issue in the legal Development of Contemporary China;
Wadlow, Christopher Intellectual Property as an ‘Investment’ In International law: A Case of Access to medicines versus Access To Justice?
Xu, Ting The Right to Private Property and its enforcement: the Changing Public-Private Divide in the PRC
Jenkins, Catherine The Jurisprudence of Truth? litigating Apartheid in us Courts
Chambers, Rachel Is Home state litigation the Way to Fill the lacuna in Corporate legal Account- ability for Human Rights Violations Perpetrated in Host states?
Muchlinski, Peter The Provision of Private law Remedies against multinational enterprises: a Comparative law Perspective
van Boom, Willem H De minimis Curat Praetor: Redress for Dispersed Trifle Losses
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