The Coming Together of the Common Law and the Civil LawBasil S Markesinis What makes a great book? If the determining factors are the content, authorship and timing of publication then this collection of essays from some of Europe's most eminent judges and jurists satisfies all three criteria. Readers will here find the expanded versions of the speeches given at a one-day conference in London to mark, from a legal point of view, the beginning of the new millennium. In a thoughtful and predominantly comparative manner the distinguished speakers explore the cross fertilisation of ideas that is taking place between the Common and Civil law systems in such important topics as human rights, commercial law, and comparative methodology. The contributors include Lords Irvine, Bingham, Woolf, Steyn, and Goff, the President of the Court of the European Communities, Dr Iglesias, the President of the Court of Human Rights, Dr Wildhaber, the President of the German Constitutional Court, Professor Limbach, Justices Lenoir and Mirabelli, respectively of the French and Italian Constitutional Courts, the Professor Walter van Gerven, former Advocate General of the Court of the European Communities, Professor Klaus Hopt, co-Director of the Max-Planck Institute of Hamburg, Professor Christian von Bar, Director of the Institute of Comparative Law at the University of Osnabruck and the organiser of the conference, Professor Basil Markesinis, Director of the Oxford Institute of European and Comparative Law. The book commences with a Foreword by Keith Clark, Senior Partner of the multinational law firm, Clifford Chance, who have sponsored the conference. This is a unique book about legal practice in the increasingly integrated world of tomorrow. |
Contents
The Lord Chancellor Lord Irvine of Lairg | 11 |
A New Common Law for Europe | 32 |
A New Jus Commune Europaeum and the Importance of | 67 |
Copyright | |
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administrative Amsterdam Treaty application areas Article authorities BVerfGE civil law Clifford Chance Code Commissioners common law comparative law concept Conference Constitutional Council context corporate governance Council of Europe countries Court of Appeal Court of Justice decision Declaration Directive doctrine domestic law droit effect English law Europe European Commission European Community European Convention European Court European Human Rights European law European Union example Factortame Federal Constitutional Court France freedom French fundamental rights held House of Lords Human Rights Act individual influence institutions International Criminal Court international law interpretation issue judges judgment judicial review judiciary jurisdiction jus commune law of obligations lawyers legal order legal systems legislation Lord Woolf Markesinis Member national courts national law obligation Oxford particular political principle private law procedure Professor protection provisions public law recognised reference responsibility role rules shareholders sovereignty statute Stock Corporation takeover tion Treaty