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Duke Law

Comparative and Foreign Law

Conflict of laws

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Articles 1 - 5 of 5

Full-Text Articles in Law

How Asian Should Asian Law Be? – An Outsider’S View, Ralf Michaels Jan 2018

How Asian Should Asian Law Be? – An Outsider’S View, Ralf Michaels

Faculty Scholarship

Is there an Asian identity of Asian law, comparable to European identity and therefore similarly useful as a justification for unification projects? If so, what does it look like? And if so, does this make Asia more like Europe, or less so? Or is this question itself already a mere European projection?

This chapter tries to address such questions. In particular, I look at a concrete project of Asian law unification—the Principles of Asian Comparative Law—and connect discussions about its Asian identity with four concepts of Asia. The first such concept is a European idea of Asia and ...


Comparative Law And Private International Law, Ralf Michaels Jan 2016

Comparative Law And Private International Law, Ralf Michaels

Faculty Scholarship

No abstract provided.


The Conflicts Restatement And The World, Ralf Michaels Jan 2016

The Conflicts Restatement And The World, Ralf Michaels

Faculty Scholarship

No abstract provided.


Jurisdiction, Foundations, Ralf Michaels Jan 2016

Jurisdiction, Foundations, Ralf Michaels

Faculty Scholarship

No abstract provided.


Enforcing International Corrupt Practices Law, Paul D. Carrington Jan 2010

Enforcing International Corrupt Practices Law, Paul D. Carrington

Faculty Scholarship

This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.