羟氨苄青霉素引起大疱性类天疱疮样疹

ity between and within each country, the former allows the rich in both poor and rich countries to “intermingle” in the calculation of global inequality, which is then fully decomposable into the between and within country components. What the survey data show is that global inequality first increased between 1988 and 1993 and then decreased from 1993 to 1998, reflecting the stagnation of poor rural areas of China and India in the first period, and the slight catching up of poor rural areas in the second period. Furthermore, Milanovic shows that previous attempts at capturing this type of inequality reach conflicting conclusions regarding the trend, which in turn reflect different assumptions and data sources, most of which bias the calculated results downward. The final section discusses the future of global inequality, and what can be done to redress it. Where previous studies express confidence in a declining global inequality trend, Milanovic is less confident, suggesting that we can be certain only that inequality is high. Furthermore, since the trend depends heavily on the performance of one country— China, predictions about future trends are speculative at best. Milanovic is certain about two things. First, global inequality is immoral. Second, redistribution is possible and would be both moral and efficient to the development of humanity as a whole.

Human Rights and Gender Violence: Translating International Law into Local Justice:

Some challenges of legal globalization closely resemble those formulated earlier for legal pluralism: the irreducible plurality of legal orders, the coexistence of domestic state law with other legal orders, the absence of a hierarchically superior position transcending the differences. This review discusses how legal pluralism engages with legal globalization and how legal globalization utilizes legal pluralism. It demonstrates how several international legal disciplines—comparative law, conflict of laws, public international law, and European Union law—have slowly begun to adopt some ideas of legal pluralism. It shows how traditional themes and questions of legal pluralism—the definition of law, the role of the state, of community, and of space—are altered under conditions of globalization. It addresses interrelations between different legal orders and various ways, both theoretical and practical, to deal with them. And it provides an outlook on the future of global legal pluralism as theory and practic...

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Global Legal Pluralism

Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order

https://papers.ssrn.com/sol3/Delivery.cfm/mlr_579_4.pdf?abstractid=875080&mirid=4

Law as a Social System

Make or Buy – A Public Market for Legal Transplants?

Law reformers like the World Bank sometimes suggest that optimal legal rules and institutions can be recognized and then be recommended for law reform in every country in the world. Comparative lawyers have long been skeptical of such views. They point out that both laws and social problems are context-specific. What works in one context may fail in another. Instead of “one size fits all,” they suggest tailor made solutions.I challenge this view. Drawing on a comparison with IKEA’s global marketing strategy, I suggest that “one size fits all” can sometimes be not only a successful law reform strategy, but also not as objectionable as critics make it to be. First, whereas, “one size fits all” is deficient a functionalist position, it proves to be surprisingly successful as a formalist conception. Second, critics of legal transplants often insists on what can be called “best law” approach, whereas in law reform, what we sometimes need is law that is just” good enough” law. “Third, legal transplants no longer happen in isolation but rather on a global scale, so that context-specific rules are no longer necessarily local.This is not a plea for formal law, for commodification of laws, and for “one size fits all”. But it is a plea to overcome the romanticism and elitism that may lurk behind the seemingly benign suggestion that law reform must always be tailored to the specific societal context.

https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5449&context=faculty_scholarship

“One Size Can Fit All” – On the Mass Production of Legal Transplants

The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of our time. It is not only ethically relevant, it is itself an ethic. Let me explain.

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Private International Law as an Ethic of Responsivity

/pdf/international-law-in-domestic-courts-a-conflict-of-laws-10tvkhc8xf.pdf

International Law in Domestic Courts: A Conflict of Laws Approach

This Encyclopedia entry covers these topics:I. Comparative lawII. Comparative private international lawScholarship; Comparison of foundations and individual rules; Application of comparative private international lawIII. Comparative law in the application of private international law doctrines 1. Characterization; Renvoi; 2. Determining the content of foreign law; 3. Better law; False conflicts; 4. Comparative impairment; 5. Ordre public; 6. Coordination of different laws: adaptation, transposition, substitution 7. Substantive rules in private international law 8. Forum non conveniensIV. Comparative law as the basis of private international law 1. The third school of comparative law 2. Private international law as applied comparative lawV. Consequences

/pdf/comparative-law-and-private-international-law-3qniaz5r5x.pdf

Ralf Michaels

Papers

Make or Buy – A Public Market for Legal Transplants?

“One Size Can Fit All” – On the Mass Production of Legal Transplants

Private International Law as an Ethic of Responsivity

International Law in Domestic Courts: A Conflict of Laws Approach

Comparative Law and Private International Law