Diffusion of Law

Sue Farran is a Professor of Laws at Northumbria University, UK, and an Adjunct Professor at the University of the South Pacific. She has a long-standing interest in comparative law and legal pluralism, and much of her published research uses case studies from the island countries of the South Pacific region to focus on issues of human rights, legal pluralism, the challenges of development and sustainability, globalisation and legal colonialism. In particular she is interested in the interface between legal systems and normative frameworks within states and between states, and the relationship between national, regional and international players in shaping and developing legal responses to contemporary issues. Sue has contributed to two other collections in this series: ’Scotland: Is the tartan fading?’ in A Study of Mixed Legal Systems: Endangered, Entrenched or Blended (2014 Ashgate) for which she was also lead editor, and ’Pacific punch: tropical flavours of mixedness in the Island Republic of Vanuatu’ in Palmer, Mattar and Koppel (eds) Mixed Legal Systems East and West (2015 Ashgate). James Gallen is a graduate and Scholar of Trinity College Dublin and a graduate of New York University School of Law. He is a former Transitional Justice Scholar at New York University and has served as an Intern and Fellow at the International Center for Transitional Justice in New York and Kathmandu. He is a lecturer in the School of Law and Government at DCU. James defended his Ph.D. thesis in the School of Law at Trinity College Dublin in May 2012. His doctoral thesis examines the relationship between transitional justice, peace-building and economic development in international law. His research interests include human rights, international law and legal and political philosophy. His present research agenda concerns the implementation of policy coherence in international assistance to transitions and a transitional justice approach to child sex abuse in the Roman Cat

’This volume truly demonstrates the ubiquity of the need for comparison, especially in law, resulting from globalization. The authors effectively demolish any doubts over the merits of comparative scholarship. The range of jurisdictional and disciplinary perspectives is extraordinarily wide, but it promotes insight into the world-wide circulation of legal notions.’ Francois Venter, North-West University, South Africa ’This volume is full of engaging and superbly researched contributions on the diffusion of law. A must for anyone interested in comparative law, the book covers a wide range of important topics from a truly comparative perspective. It is a pleasure to read.’ Heikki Pihlajamäki, University of Helsinki, Finland ’This book is an important contribution to both legal theory and comparative law. It is full of original insights on the ways legal norms, ideas and concepts travel across the globe. In addition to its valuable theoretical input, it presents a fascinating panorama of world-wide examples for legal migration and transplants.’ Nir Kedar, Sapir Academic College, Israel

• Chapter 1 Introduction, SueFarran, ChristaRautenbach; Chapter 2 Infusion of the Diffused, EsinÖrücü; Chapter 3 The Diffusion of Western Legal Concepts in Kuwait, MyraWilliamson; Chapter 4 Diffusion of Islamic Law in the UK, RitaDuca; Chapter 5 The Judicial Committee of the Privy Council, PamelaMartino; Chapter 6 ‘Lease, Locazioni and Kera’, DavidZammit, KurtXerri; Chapter 7 Legal Capital is Out – EEIG is Cool! How the Evaporation of Legal Capital in EU Private Companies might Provide a Revival Opportunity for EEIGs, AlessioBartolacelli; Chapter 8 The Urban Diffusion of Local Direct Democracy between Switzerland and the United States, ThomasFavre-Bulle; Chapter 9 The ‘Margin of Appreciation’ in ECHR Case-law as a Boundary Line to Legal Transplants, AlessandraPera; Chapter 10 The Feature of Droit Commun in the Disposition Preliminaire of the Civil Code of Quebec, BiagioAndò; Chapter 11 Law in Changing Circumstances, ElwiraMacierzy?ska-Franaszczyk; Chapter 12 Albanian Civil Law and the Influence of Foreign Laws, JulianaLatifi; Chapter 13 ‘Sv??enský fond’ (Trust Fund), Kate?inaRonovská; Chapter 14 Diffusing Bad Ideas, EoinCarolan;