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Comparative and Foreign Law

2010

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Demand And Supply Forces In The Market For Law Interplaying Through Jurisdictional Competition: Basic Theories And Cases, Chang-Hsien Tsai Aug 2010

Demand And Supply Forces In The Market For Law Interplaying Through Jurisdictional Competition: Basic Theories And Cases, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

Inspired by corporate charter competitions in the 19th-century U.S. and contemporary Europe as well as the negative impact of the Sarbanes-Oxley Act of 2002 on the U.S. cross-listing market, this article draws positive lessons from the above stories that demand and supply forces underlying jurisdictional competition constrains regulating jurisdictions from disregarding business demands and from imposing excessive regulation, and that jurisdictional competition brought about by mobility or exit would push for legal flexibility. Through the positive arguments developed in this article, regulatory jurisdictions in East Asia could, to an extent, understand the true costs and benefits of regulation in the …

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Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman Jan 2010

Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman

D. A. Jeremy Telman

This essay introduces a collection of essays that have evolved from papers presented at a conference on “International Law in the Domestic Context.” The conference was a response to the questions raised by the U.S. Supreme Court’s decision in Medellín v. Texas and also a product of our collective curiosity about how other states address tensions between international obligations and overlapping regimes of national law.

Our constitutional tradition speaks with many voices on the subject of the relationship between domestic and international law. In order to gain a broader perspective on that relationship, we invited experts on foreign law to …

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Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz Dec 2009

Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz

Edgardo Muñoz

Modern practice shows that the most efficient remedies for breach of contract are still those that avoid the unnecessary transfer of assets among the parties. Thus, for example, the right to withhold performance protects one party from incurring unnecessary loss caused by performing his own obligation without receiving the counter-performance from the other party, likewise, the right to avoid the contract, even before the time of performance, if it becomes apparent that one of the parties will not duly fulfil his obligations, prevents expenses in an unnecessary continuation of a contract. As these remedies evidently oppose the core pacta sun …

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Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz Dec 2009

Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.

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Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate Dec 2009

Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate

Manoj S. Mate

This article examines two critical "moments" in the expansion of judicial power in India: the assertion of the basic structure doctrine and the development of the PIL regime in the post-Emergency Indian Court. The Indian Supreme Court asserted two key functional roles in these moments: (1) the role of a constitutional guardian in asserting its role in preserving the basic structure of the Constitution, and (2) as a champion of the rule of law and responsible governance in developing PIL. Though both moments were significant in the empowerment of the Indian Supreme Court, I argue that development of PIL was …

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