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Most cited

This page lists all time most cited articles for this title. Please use the publication date filters on the left if you would like to restrict this list to recently published content, for example to articles published in the last three years. The number of times each article was cited is displayed to the right of its title and can be clicked to access a list of all titles this article has been cited by.

Contents

Page 21 of 23

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  • Statute Law Revision, Codification and Related Policies in Ireland

  • Edward Donelan
  • Published online by Cambridge University Press:
    28 February 2019, pp. 323-354

  • This article examines the development of a policy by the Government of Ireland on the modernization of its statute law and describes recent developments in statute law revision and related policies in Ireland. In theory, the ideal and ultimate aim of such a policy should be the development of an easily accessible code.

    In practice, there is no political requirement for such grandiose idealism and what is taking place is much more pragmatic and modest. The article places these policies in the wider context of the modernization of government and anticipates some of the likely developments to emerge in this field in Ireland in the next 5 years.

  • Cited by 1

  • Estonian Legal Culture on the Threshold to the 21st Century

  • Peeter Järvelaid
  • Published online by Cambridge University Press:
    28 February 2019, pp. 75-83

  • The Republic of Estonia is one of those European countries for which the year 1918 meant a deep and radical change in the development of their states. During the last decade, these states – Austria, Hungary, the Czech Republic (the Czech and Slovak Federal Republic in 1918), Poland, Finland, Lithuania, Latvia and Estonia – have all become Member States of or applicant countries to the European Union. On 28 July 1922, the Republic of Estonia was de jure recognized by the Government of the United States. This was an important act, since soon afterwards, on 22 September 1922, Estonia became a member of the League of Nations. Estonia had thus become a subject of international law.

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  • GlobaLex: A Unique and Valuable Tool for Foreign, Comparative, and International Law Research

  • Heidi Frostestad Kuehl
  • Published online by Cambridge University Press:
    28 February 2019, pp. 473-482

  • How do I find Romanian statutes and cases in English? How might I better understand treaty research and use of travaux préparatoires, find available online and print resources for international agreements, and obtain a cogent overview of this topic? What sources might be helpful for researching religious legal systems, such as Hindu, Buddhist, or Islamic law? Where can I find a description of the legal system of Belarus? As U.S. law schools are becoming increasingly global in their scope and preparation of students and LLM programs abound, law librarians will more frequently encounter foreign, comparative, and international law reference questions like the above. In addition, if a reference librarian does not have a background or exposure to foreign, comparative, and international research or if there isn't a foreign and international law librarian at the institution, reliance on available online reference sources, such as research guides, and traditional reference works in foreign and international law will be essential. One excellent online resource that provides research guidance in the areas of foreign, comparative, and international law and has an authoritative and fascinating portal of research articles is GlobaLex.

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  • China's Guiding Cases System as the Instrument to Improve China's Case Guidance System, which Includes Both Guiding Cases and Typical Cases

  • Fengping Gao
  • Published online by Cambridge University Press:
    24 November 2017, pp. 230-243

  • After the Supreme People's Court of China (the “Supreme Court”) issued the Provisions of the Supreme People's Court Concerning Work on Guiding Cases (the “Provisions”), which symbolized the establishment of China's guiding cases system, it attracted worldwide attention. Some institutes, like Stanford, launched programs on China's Guiding Cases. It is of importance to discuss the potential and possibility of establishing China's guiding cases system by promoting the Guiding Cases in the context of ongoing judicial reform. For international practitioners, it is helpful to know the civil jurisdiction where there is case law available as case guidance. Also, China judicial reform has become a keen topic for discussion in U.S.–China relations. “The efficiency and fairness in handling commercial cases and the use of Guiding Cases in the adjudication of commercial [cases]” was one of the key topics discussed during the first dialogue joined by the U.S. Departments of Justice and Commerce.

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  • The Role of International Human Rights Law in Re-Shaping Investor-State Arbitration

  • Susan L. Karamanian
  • Published online by Cambridge University Press:
    05 May 2017, pp. 34-41

  • Over the past few decades, a new process has dominated how States treat foreign investment and the consequences to States for breaching international standards. The system's key feature, the means for settling a foreign investor's dispute with a State that hosts the investment, lacks traditional elements of State judicial systems. Instead, it is a creature of State consent as reflected in international investment agreements (IIAs). In IIAs, States promise to treat foreign investment and the investors in a certain, fundamentally fair, way. Many IIAs authorize foreign investors and States to select private arbitrators to resolve claims that host States breached their promises under the IIA. The arbitrators, in turn, are empowered to issue arbitral awards.

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  • Constitutional Developments in the United Kingdom

  • David Williams
  • Published online by Cambridge University Press:
    28 February 2019, pp. 232-243

  • In his Introduction to the study of the Law of the Constitution, which appeared in its first edition in 1885, Professor A. V. Dicey of the University of Oxford emphasized in particular the doctrine of Parliamentary sovereignty and the concept of the Rule of Law as guiding principles of the constitution. His exposition was clear and trenchant, inspired by the self-confidence of late Victorian Britain, and through nine editions it provided the authoritative text which to this day has influenced judges and lawyers, politicians, observers from abroad, and many others in their interpretation of the constitutional law of the United Kingdom.

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  • The Civil Law and the Common Law: Some of the Similarities and Differences between the Two Systems

  • James F. Bailey III
  • Published online by Cambridge University Press:
    13 February 2019, pp. 117-133

  • Comparative law has a long history, and it has long been a tradition among legal scholars to compare one legal system with others. Even in the days when Rome ruled the so-called “known world”, there were other legal systems which existed either with the Roman Empire, side-by-side with the Roman jus civilis, or outside the Empire in the German tribes, in the Parthian Empire, among the Celts, and so forth. Law is the element which regulates and harmonizes human activity, behavior, and endeavor within any ordered society, primitive or advanced, and few if any societies could exist for long without some sort of law and legal system. Law is therefore part of the culture, the daily life, behavior, civilization, and yes, even the history of a people and their civilization. Unless a civilization or folk-group is a carbon copy of another, then it is normal to expect differences in the manner in which rights are vindicated, differences resolved, and an orderly solution found for the conflicts in human life.

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