This edited volume sheds light on law reform. It examines the process of law reform and explains the need for a constant appraisal to keep its wheels optimally operational.
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.
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 Chinas 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 LawNo 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.
