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Comparative Law As A Bridge Between The Nation-State And The Global Economy: An Essay For Herbert Bernstein, Richard Buxbaum
Comparative Law As A Bridge Between The Nation-State And The Global Economy: An Essay For Herbert Bernstein, Richard Buxbaum
Richard M. Buxbaum
Professor Richard M. Buxbaum delivered the Fourth Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2005 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. In this paper, Richard Buxbaum is primarily concerned with the potential of comparative law as a method to bridge the disparities between the laws of nation-states and the needs of the globalized economy. Buxbaum investigates three separate roles for comparative law in closing this gap: First, he discusses the potential uses of comparative law with regard to …
From Paris To London: The Legal History Of European Reparation Claims 1946-1953, Richard M. Buxbaum
From Paris To London: The Legal History Of European Reparation Claims 1946-1953, Richard M. Buxbaum
Richard M. Buxbaum
The umbrella concept of Reparations, including its compensatory as well as restitutionary aspects, regretfully remains as salient today as it was in the 20th century. A fresh look at its history in that century, and how that history shapes today’s discourses, is warranted. It is warranted in particular because the major focus in recent decades has been on the claims of individual victims of various atrocities and injustices, generalized as the development of international human rights law by treaty, statute and judicial decision. One consequence of this development is that the historical primacy of the state both as agent for …