1st Edition
Law Reforms Around the World Perspectives from National and 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.
PART 1: Empirical and Theoretical Aspects
1 A Holistic Approach to the Domestic and International Law Reform Systems
ASIF H. QURESHI
2 Mapping of World Law Reform Institutions
LI ZHUANGXU, LI MANYUN AND HU MINGHAO
3 Law Reform Commissions in Civil Law and Common Law
KYUNG SIN PARK
4 Unlocking Boundaries: Law Reform and the Progressive Development of International Law
CECILIA J. FLORES ELIZONDO AND SUFYAN DROUBI
PART 2: Law Reform in Civil Law Systems
5 Law Reform in Latin America
DANIEL FREIRE E ALMEIDA AND DAN WEI
6 Law Reform in China
HUANG HUI
7 The Pattern of Russian Legal Codification in Historical and Comparative Perspectives
DMITRY POLDNIKOV
PART 3: 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
OTI ANUKPE OVRAWAH
9 The Law Commission of India: A Critical Analysis of its Contributions to Law Reform
SAI RAMANI GARIMELLA AND GAUTAM MOHANTY
10 International Law Reform: Lessons from National Law Commissions – The Case of the United Kingdom
VENKAT IYER
PART 4: Law Reform in International Law and the UN International Law Commission
11 The Political Economy of US Law Reform with Respect to International Law and Transactions
PAUL B. STEPHAN
12 Marxist View of International Law Reform from China’s Perspective
HE ZHIPENG AND WEI XIAOXU
13 The International Law Commission at a Crossroad: Topics and Methods of Codification
PAVEL ŠTURMA
14 International Law Reforms and the International Law Commission
ANIRUDDHA RAJPUT
15 Reforming Law Reform in International Law: Towards a Reasonable Selection Process for Greater Legitimacy of the ILC
NANY HUR
16 The Need for Interdisciplinarity in the Work of the International Law Commission
ANTHONY CARTY
PART 5: Law Reform: Regional and Multilateral Economic Organisations
17 The Fostering of Law Reform by Multilateral Development Banks
GERARD J. SANDERS
18 The International Monetary Fund and Law Reform
NADIA RENDAK
19 WIPO and TRIPs: In Pursuit of Mitigating the Time Lag in Law Reform Concerned with Technological Developments
DANNY FRIEDMANN
20 A Critical Evaluation of the African Union Commission on International Law: A Model for Other Countries?
MOHAMMED EL-SAID
21 Codifying Fundamental Principles of International Economic Law?
ASIF H. QURESHI
22 Time to Codify International Investment Law? Not yet
JI MA
23 The International Law Commission and International Economic Law: No Chance for a Real Encounter
LEILA CHOUKROUNE
24 ILC Draft Guidelines on the Protection of the Atmosphere: A Critique
ABHISHEK TRIVEDI AND STELLINA JOLLY
Conclusion
ASIF H. QURESHI
Biography
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.
