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"Comparative law and the history of law are traditionally devoted to expanding the context of legal rules and legal institutions. Comparison involves history, as the well-known motto proclaims, but history also involves comparison. Both disciplines are in fact interested in deepening the space-time coordinates of law as a social phenomenon, which means that they take up a critical approach to their object of study. In recent years, this trait is increasingly coming into conflict with the tendency to present law as a mere technocratic instrument for organizing societies. As a result of the »end of history« discourse, the Western economic and political order has become a definitive point of reference worldwide, with law scholars charged with identifying best practices to enhance their efficiency. A group of comparative lawyers and legal historians critically discuss this assumption from a theoretical point of view as well as from the perspective of their respective fields of research. The result is a multifaceted range of ideas on the significance and possible future of two disciplines that share, in addition to their traditional approach, a crisis of identity."

Comparative law --- legal rules --- history of law --- Legal History

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This collection resulted from an international workshop funded and organised by Biosecurity Australia, the agency of government responsible for analysing Australia's quarantine import risks and for negotiating multilateral SPS rules and less restrictive access to overseas markets for Australian produce. The workshop, which was held at the Melbourne Business School on 24-25 October 2000, brought together a distinguished group of applied economists and quarantine policy analysts whose focus involves regions as disparate as Europe, North America, Africa, Asia and New Zealand, in addition to Australia.

australia --- economics --- biosecurity --- sps rules --- import risk --- australian produce --- quarantine policy --- international economic studies

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This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.

international law --- host states --- choice-of-law rules --- investor-state arbitration --- foreign investors --- national law --- arbitral tribunals

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Containing contributions by twenty-five scholars, this volume aims to examine the increasingly notable subject of international dispute settlement from an innovative procedural perspective. Indeed, with the ‘jurisdictionalisation’ of international law that has taken place during the last thirty years, both scholars and practitioners have shown an important and growing interest in international law litigation. Yet, little attention has been paid to the procedural aspects thereof. In building upon research into subfields of international litigation (general international law analysis, international economic law procedures, human rights and European law mechanisms), this book endeavours to provide an up-to-date seminal picture of the evolution of the role of procedure across these domains as well as an overall illustration of the field.

Internationales Privatrecht, International Law, Streitschlichtung, Litigation, Dispute Settlement, Internationales Verfahrensrecht, International Procedural Law, Procedural Rules, International adjudication, International litigation

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The institution of monasticism in the Christian Church is in general decline, at least in so-called “first world” nations. Though there are many reasons for this, monastic leaders are confronted by the reality of fewer communities, monks, and nuns nonetheless. At the same time, many younger Christians are rediscovering the rich heritage of the monastic tradition. Though they themselves might not be called to join a traditional monastery, they are eager to appropriate monastic practices in their own lives. This had led to a movement known as the “new monasticism” or “secular monasticism.” Despite lacking a unified vision and any central organization, these new/secular monastics are attempting, in their own ways, to carry on the tradition and practices of Christian monasticism. As well, there is a movement within historical Christian monasteries to pour new wine into old wineskins. Traditional forms of monasticism are also generally flourishing in developing nations, breathing new life into monasticism. This volume looks at the current monastic landscape to assess where monasticism stands and to imagine ways in which it will grow in the future, leading not only to a renewed Christian monasticism but to new monasticisms.

religious pluralism --- religious ambiguity --- contemplative Christianity --- lay contemplatives --- monasticism --- spiritual formation --- Centering Prayer --- New Monastic Communities --- Vatican Council II --- monasticism --- monasticism --- art --- creativity --- monk --- artist --- Anselm --- vows --- new monasticism --- Proslogion --- proof of God’s existence --- religion and ecology --- spiritual ecology --- greening of religion --- environmental humanities --- monasticism --- history of monasticism --- landscape --- double monasteries --- gender cohabitation --- Orthodox monasticism --- monastic rules --- monasticism --- community --- monotheism --- spirituality --- monogamy --- monasticism --- Beguine --- spiritual formation --- intentional community --- spirituality --- religious life --- Catholic monasticism --- Africa --- cultural transfer --- development --- n/a