Law Reforms Around the World

Perspectives from National and International Law

Asif H Qureshi (Peking University, School of Transnational Law, China)

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English

Routledge
01 December 2023

Jurisprudence & philosophy of law; International law

Series: Routledge Research in International Law

Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law.

This edited volume sheds light on Law Reform in its domestic, comparative, regional, and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It begins by looking at Law Reform processes from a theoretical perspective. Thereafter, it sheds light on domestic Law Reform processes in civil and common law legal systems. This is followed by a focus on Law Reform at the international level with a critical appraisal of the International Law Commission (ILC), drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in Law Reform by the IMF, World Trade Organization/World Intellectual Property Organization, Multilateral Development Banks, and the African Union Commission on International Law.

This volume should appeal to students, serious scholars, policy makers, judges, and the community of national and international lawyers interested in bringing effective reform in the national and international arenas.

Edited by: Asif H Qureshi (Peking University School of Transnational Law China)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 1.660kg
ISBN: 9781032359861
ISBN 10: 1032359862
Series: Routledge Research in International Law
Pages: 346
Publication Date: 01 December 2023
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction 1. A Holistic Approach to the Domestic & International Law Reform Systems Part One: Empirical & Theoretical Aspects 2. Mapping of World Law Reform Institutions 3. Law Reform Commissions in Civil law and Common Law 4. Unlocking Boundaries: Law Reform and the Progressive Development of International Law Part Two: Law Reform in Civil Law Systems 5. Law Reform in Latin America 6. The Law Reform in China 7. The Pattern of Russian Legal Codification in Historical and Comparative Perspectives Part Three: Law Reform in Common Law Systems 8. Progressive Development and Codification of Laws: Role of Institutionalised Mechanisms for Law Reform in Domestic Jurisdictions in Africa – Challenges and Prospects 9. The Law Commission of India – A Critical Analysis of its Contributions to Law Reform 10. International Law Reform: Lessons from National Law Commissions – The Case of the United Kingdom Part Four: Law Reform in International Law & the UN International Law Commission 11. The Political Economy of U.S. Law Reform with Respect to International Law and Transactions 12. Marxist View of International Law Reform from China’s Perspective 13. The International Law Commission at a Crossroad: Topics and Methods of Codification 14. International Law Reforms and the International Law Commission 15. Reforming Law Reform in International Law: Towards a Reasonable Selection Process for Greater Legitimacy of the ILC 16. The Need for Interdisciplinarity in the Work of the International Law Commission Part Four: Law Reform: Regional and Multilateral Economic Organizations 17. The Fostering of Law Reform by Multilateral Development Banks 18. The International Monetary Fund and Law Reform 19. WIPO and TRIPs: In Pursuit of Mitigating the Time Lag in Law Reform Concerned with Technological Developments 20. A Critical Evaluation of the African Union Commission on International Law: A Model for Other Countries? Part Five: UN ILC -- International Economic & Environment Law 21. Codifying Fundamental Principles of International Economic Law? 22. Time to Codify International Investment Law? Not yet 23. The International Law Commission and International Economic Law––No Chance for a Real Encounter 24. ILC Draft Guidelines on the Protection of the Atmosphere: A Critique. Conclusion

Asif H. Qureshi is a leading authority in Public International Law and International Economic Law, with decades of academic teaching, scholarly research, and global consultancy expertise. He has critically evaluated received wisdom, spearheaded ground-breaking research, empowered learners, and contributed to global policy development across a diverse and constantly evolving international landscape. Between 2012 and 2021 he was a tenured Professor at Korea University, Korea. Prior to that, he was a tenured Professor at the University of Manchester, UK. Currently, he is a tenured Professor at the School of Transnational Law, Peking University, Shenzhen, China. He is a barrister attached to Quadrant Chambers in London, UK.