Blog

[Editor’s note: this is the final of three posts, parts of a mini-symposium on Fernanda G. Nicola’s and Günter Frankenberg’s book Comparative Law, Introduction to a Critical Practice (Edward Elgar, 2024)]

We are indebted to the organizer of this online symposium, Professor Ioanna Tourkochoriti, whose leadership in revamping the ASCL blog has reinvigorated intellectual exchanges in comparative law.

[Editor’s note: this is the second of three posts, parts of a mini-symposium on Fernanda G. Nicola’s and Günter Frankenberg’s book Comparative Law, Introduction to a Critical Practice (Edward Elgar, 2024)]

This welcome contribution to comparative law literature is both nuanced enough to be of interest to scholars, and basic enough to be used as a teaching tool in the classroom.

[Editor’s note: this is the first of three posts parts of a mini-symposium on Fernanda G. Nicola’s and Günter Frankenberg’s book Comparative Law, Introduction to a Critical Practice (Edward Elgar, 2024)]

“The classroom remains the most radical space of possibility in the academy”(Bell Hooks, Teaching to Trasgress, 1994, quoted by the authors, at p.

Article 5 of the Universal Declaration of Human Rights (1948) reads: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” That prohibition is repeated in Article 7 of the International Covenant on Civil and Political Rights (1966), with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) also barring torture—defined in Article 1 as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person,” whether to punish or coerce a confession—and, as Article 16 states, “other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture.”

Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking—yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change.

[Editor’s note: This is the fourth of four blog posts from a mini-symposium on Shelly Kreiczer-Levy’s and Baoshi Wang’s article “The Family of the City, the Family of the Country“, The American Journal of Comparative Law, Volume 71, Issue 2, Summer 2023, Pages 328–353.]

[Editor’s note: This is the third of four blog posts from a mini-symposium on Shelly Kreiczer-Levy’s and Baoshi Wang’s article “The Family of the City, the Family of the Country“, The American Journal of Comparative Law, Volume 71, Issue 2, Summer 2023, Pages 328–353.]

[Editor’s note: This is the second of four blog posts from a mini-symposium on Shelly Kreiczer-Levy’s and Baoshi Wang’s article “The Family of the City, the Family of the Country“, The American Journal of Comparative Law, Volume 71, Issue 2, Summer 2023, Pages 328–353.]