Legal Transplants and the Frontiers of Legal Knowledge

Graziadei, Michele

doi:10.2202/1565-3404.1231

Cited by 50 publications

(11 citation statements)

References 5 publications

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“…33 This potential is enhanced where there is also opportunity for multinational intervention or dialogue on human rights issues (for example, at the EU level). In such contexts, comparable cross-national data has added value in identifying priorities, trends and examples of good practice to shape regional policies as well as national ones.…”

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confidence: 99%

Potential, principle and pragmatism in concurrent multinational monitoring: disability rights in the European Union

Lawson

Priestley

2013

The International Journal of Human Rights

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This article responds to some of the limitations of traditional human rights monitoring systems by identifying the potential for more dynamic methods of recording and reporting rights-based evidence. The paper distinguishes between 'consecutive' and 'concurrent' models of monitoring and between hierarchical and non-hierarchical monitoring systems. Using the example of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), a principled framework for systems development in this field is outlined. The practical contingencies of designing and implementing new monitoring tools across 34 European countries are then reviewed. The paper concludes that more flexible and dynamic reporting tools can help to make States more accountable for the implementation of their human rights obligations and facilitate policy-exchange and the sharing of good practice. Recent developments within the EU disability field offer potential for adaptation to other human rights fields and to other regions of the world.

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confidence: 99%

Potential, principle and pragmatism in concurrent multinational monitoring: disability rights in the European Union

Lawson

Priestley

2013

The International Journal of Human Rights

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“…It is thus an example of a "selective imitation". 130 Hence, the absence of any comparative notes that reflect the legal position in the national legal systems.…”

Section: Discussionmentioning

confidence: 99%

Trusts in the Draft Common Frame of Reference: The “Best Solution” for Europe?

Braun

2011

C.L.J.

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for helpful comments on an earlier draft of this paper. 1 European Commission, Communication to the European Parliament and the Council-A more coherent European Contract Law: An Action Plan, COM(2003) 68 final, OJ 2003 C 63/1. 2 Ibid, para 63(b). 3 European Commission, Communication to the European Parliament and the Council-European Contract Law and the Revision of the Acquis: The way forward, COM(2004) 651 final. 4 For a detailed account of the developments, see S. Whittaker, "A Framework of Principle for European Contract Law?" (2009) 125 L.Q.R. 616 at pp. 617 ff.

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“…Claims that 'legal transplants' have historically been 'the most fertile source' of legal change 6 have generated controversy. 7 However, it is widely accepted that diffusion has occurred throughout history, 8 albeit with adaptation, reinterpretation and 'domestication' of imported concepts, 9 and even though 'something usually gets lost in translation'. 10 Legal and historical scholarship has increasingly emphasized the complexities of diffusion.…”

Section: Investment Treaties and The Great 'Diffusion Of Law' Debatementioning

confidence: 99%

Expropriation Clauses and Environmental Regulation: Diffusion of Law in the Era of Investment Treaties

Cotula¹

2015

Rev Euro Comp Intl Enviro

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This article discusses diffusion of law in relation to investment treaty annexes on indirect expropriation. These annexes clarify the circumstances under which environmental regulation may constitute an expropriation requiring States to compensate investors. The article briefly reviews theoretical perspectives in diffusion of law debates and links them to investment treaty making. It then explores three diffusion moments in the development and spread of expropriation annexes: the transition of indirect expropriation concepts and rules from the jurisprudence of the United States (US) Supreme Court to the indirect expropriation annex included in the US model investment treaties of 2004 and 2012; the inclusion of a comparable annex in the 2009 Comprehensive Investment Agreement of the Association of South‐East Asian Nations; and the inclusion of an indirect expropriation annex in the Comprehensive Economic and Trade Agreement between Canada and the European Union. The findings interrogate traditional concepts of diffusion of law and highlight the complexities of law formation in a globalized world. They also compound the case for comparative environmental lawyers to study the interface between national and international law and between environmental law and other branches of law that can affect options for environmental regulation.

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Legal Transplants and the Frontiers of Legal Knowledge

Cited by 50 publications

References 5 publications

Potential, principle and pragmatism in concurrent multinational monitoring: disability rights in the European Union

Potential, principle and pragmatism in concurrent multinational monitoring: disability rights in the European Union

Trusts in the Draft Common Frame of Reference: The “Best Solution” for Europe?

Expropriation Clauses and Environmental Regulation: Diffusion of Law in the Era of Investment Treaties

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