A Comparative Legal Study

This course will address urgent threats to global health security, the challenges of pandemic preparedness and response, and the legal and policy responses needed to make us all safer. We will look at the key actors, institutions and legal frameworks for global health security, ask whether they are fit to do the job, and discuss how they can be improved to better prepare the world for future health threats. In particular, this course provides an opportunity to reflect on the COVID-19 pandemic, including the weaknesses of international systems that have allowed an epidemic to turn into a pandemic, the various mechanisms used in the response, the inequalities discovered and exacerbated, and the way forward. In the nineteenth century, associations and journals were founded on the basis of “comparative legislation”. At that time, the focus was on comparing rules in different societies.8xThe idea was also to find the “ideal legislation”. It was an approach to comparative law based on natural law: “. Consciously or unconsciously, he postulates the natural law of the old rationalist type. It tacitly assumes that for every detail of every legislative problem, there is an appropriate universal rule that the legislator tries to discover and formulate. (…) The expert in comparative legislation combines the information that legislation provides to the world on a given point and eliminates the rule of the single law” (Pound 1936, p. 57). Later, more attention was paid to judicial decisions and how legal problems were resolved in practice.9xIn France, in the early 20th century, Raymond Saleilles and Edouard Lambert in particular criticized the work of the Society for Comparative Legislation, which simply translated foreign laws without taking into account how it worked in practice.

These authors assumed that “real life” was found in case law (Saleilles 1891, p. 219). Lambert even opposed the use of the social sciences, which at that time were not yet sufficiently developed to provide sufficiently precise and useful information for comparative law (Lambert 1900, p. 237). At the same time, many comparative law authors also stress the importance of taking into account the socio-economic and historical context of law when researching comparative law. Where should the comparative researcher look at in foreign legal systems: legislation and/or jurisprudence and/or its full context? Relevant legislation and (published) case law are relatively easy to find. Firstly, in manuals and articles (not to mention Italy, where legislation is often discussed without direct reference to case law) and, in recent months and years, through electronic databases. But what to do with the context of the law? Sometimes some explanations can be found in the legal writings of the doctrine, but so far it has been rather extraordinary. Sometimes it has been explained in detail in the international press, such as the financial crisis as a context and explanation of some national and European changes in financial sector regulations. Sometimes the researcher may discover historical, sociological and/or economic literature on her subject for a country that has been included in the comparison, but this is also not obvious. While some limited social science research may be feasible in the context of one`s own legal system, this is generally excluded for foreign countries in the context of individual legal research.

Much will depend on the direction of one`s own research and available sources. A good balance between the two ensures the feasibility of the research design. An overly ambitious approach to the law in the context of a topic where there are not enough sources available will make the research plan unrealistic in the context of comparative law research. This seminar examines both current progress and challenges in the search for meaningful justice and accountability for serious international crimes, including crimes against humanity, genocide and war crimes. We begin with an overview of the challenges of effective prevention of atrocities and a review of fundamental developments in recent decades in the establishment of international and hybrid criminal tribunals and other transitional justice mechanisms, including truth and reconciliation commissions. Building on this foundation, and drawing on case law, social science research and country case studies, we will then examine a series of responses to the significant challenges facing the justice system that are recurrent in a number of countries emerging from conflict. These challenges include: (1) the often complicated relationship between peace processes and justice initiatives; (2) the question of what justice objectives are pursued and how national, regional and international actors interact in these efforts; and (3) the complexity of building sustainable justice on the ground through meaningful rule of law reforms at the national level, awareness-raising, cultural engagement and other means. Students write a complete seminar document as part of the seminar.

The struggle to respect and guarantee universally recognized and protected human rights while protecting national security raises significant and complex legal and political challenges on a range of issues, from the “war on terror” to climate change. This course addresses topical issues at the intersection of national security and human rights, focusing on new and complex issues on the nature of conflict, threats to national security and the place of human rights in the context of the fight against transnational terrorism after 9/11. These issues are particularly important with regard to the use of force by the State, which involves the use of force against individuals, as well as their seizure, detention and trial. How is the European Union rewriting the global regulatory framework for the digital economy, from data protection law to platform services? Why does it control data flows from Europe and challenge government surveillance laws in the US and elsewhere? How is the EU adapting to changes in the global trade and investment system, including the withdrawal of investor-state dispute settlement? What legal instruments can “Brussels” use to rein in the EU`s illiberal Member States and respond to foreign policy challenges from outside its borders? Will the UK remain essentially bound by the EU legal system after Brexit? Students learn to identify legal gaps and barriers that impede justice, accountability and the realization of human rights. By working with law professors and subject matter experts to formulate a viable, impactful, survivor-focused advocacy plan, students will develop the critical thinking and communication skills needed to become effective human rights lawyers. Before choosing a research method and design, the first thing you do as a researcher is to formulate a clear research question based on your research topic, purpose, interests, and theoretical framework. The assumption is that you have chosen a research topic that is not only of interest to you, but is also relevant and contributes to the ongoing conversation. The next step proposed by vogt is to select a model and research method that will provide an answer to the research question.

This implies that you must have a great understanding of research methods and conceptions, as Cane and Kritzer noted in his extensive book on empirical legal research. Choosing a research method or design is not easy and is not exclusive. A researcher can use mixed methods, if necessary, to provide an answer to the research question and prove their reasoning logically. What is comparative law research? 17 Marie-Laure Izorche also proposed that legal relations, and not only legal concepts and norms, should be compared, on the one hand, within a legal system and, on the other hand, between legal systems (Izorche 2001, pp. 304-311). Western law – like Western religion, Western fashion, Western individualism and Western education – has been imposed on the enslavement of African peoples, colonialism and imperialism.

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