Originally presented as the author's Thesis (doctoral)--Universität zu Köln, 2006. / Includes bibliographical references.

Thesis (D. Jur.)--York University, 2000. / Includes bibliographical references (leaves 377-399). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pNQ59160.

Thesis (doctoral)--Universität, Leipzig, 2001/2002.

The topic of this thesis is legal transplants in China since 1978. The first part is devoted to a presentation of contextual elements of Chinese Law, with a critical discussion of various theories of legal transplants, including the most recent Chinese scholarship on this topic. The second part contrasts the influence, on the Chinese legal reforms, of the continental (or civilian) legal tradition with that of the common law. To this end, the author uses a study of the reception of the bona fide principle and of the fairness principle in The Contract Law of the People's Republic of China, with a discussion of the future Chinese Civil Code. The common law's influence, in the same law, is then presented with a focus on the doctrines of anticipatory breach and indirect agency. In the end, the author explains why the civilian legal tradition will remain the dominant, but not exclusive, model on Chinese legal reforms.

This thesis investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking. This, however, has led to an impasse, seeing that pluralism and multiculturalism are in fact self-evident phenomena in the society. The state has been obliged, therefore, to accommodate these non-state normative orderings. / The discussion of Indonesian legal pluralism in this thesis focuses on understanding the state's attitude and behavior towards the three largest legal traditions currently operative in the society, i.e., adat law, Islamic law and civil law. Socio-political factors are shown to have much influenced the relations between state and non-state laws. The state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. Certain "national legal postulates" have functioned as a yardstick by which the country's legislative and judicial institutions have measured the extent of their accommodation of legal pluralism, although they have had little choice but to do so. / Influenced by Masaji Chiba's theory of "three levels of law" (i.e., official law, unofficial law and legal postulates), this thesis analyzes two aspects of legal pluralism in Indonesia: the political and "conflictual" domains of legal pluralism. The analysis is thus generally based on the state policy of legal pluralism reflected in the legal and political strategies confronting the issue of unofficial laws as well as the conflicts arising from such situations. The first aspect is addressed by looking at a number of statutes and regulations promulgated specifically to deal with Islamic law and adat law, while the second is analyzed in terms of actual cases of private interpersonal law arising from conflict between state and non-state legal traditions, as reflected in legislation and court decisions. From a discussion of these two aspects, the thesis concludes that, although the form of the relations between official and unofficial laws may have changed in conjunction with the socio-political situation of the country, the logic behind legal pluralism has in fact never altered, i.e., to use law as a tool of state modernism. Thus conflicts arising from the encounter between different legal traditions will usually be resolved by means of "national legal postulates," making the unofficial laws more susceptible to the state's domination of legal interpretation and resolution.

No description available.

Both the civil and the common law legal systems have, as a result of their historical development, elaborated different conceptions of the law of agency. Given the existing divergence in approaches and rules relating to agency, the international unification of law in this field, although highly demanded by commercial practice, seems a problematic, but not impossible, task. The decades long efforts of a large number of states, international organisations and individuals to provide uniform rules of international agency law have resulted in the adoption of two conventions, namely, the Hague Convention on the Law Applicable to Agency (1978) aimed at the unification of the conflict rules of agency, and the UNIDROIT Convention on Agency in the International Sale of Goods (1983) which attempts to provide uniform material rules. / This thesis provides a detailed analysis of the uniform rules set out in both agency Conventions. The main purpose of this analysis is to assess the extent to which uniformity is achieved by these Conventions. However, in order to reveal the divergence of approaches between the civil and common law legal systems and define the "conflict areas" of international agency, the present study also contains a comparative survey of material and conflict rules of agency existing in the two systems.

In a three point argument, it is asserted that general principles of law can be used to establish liability of corporations for massive violations of human rights. First, there is a lacuna in the law in this subject. Second, the constructivist approach to international relations contends that international norms are obeyed when they are internalized, so, conversely, the assertion is made that domestic law could be used to identify international norms, expanding the usefulness of general principles of law. Thirdly, general principles of law can be identified by comparative law methodology, so using one comparative method, The Common Core of European Private Law, should uncover principles of corporate liability. Lastly, an adaptation of this methodology is then applied to four countries.

Includes abstract / Includes bibliography / xviii, 655 leaves ; 30 cm. / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / Thesis (Ph.D.)--University of Adelaide, 1987

Univ., Diss.--Saarbrücken, 2004.