ABSTRACT

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.

part 1|76 pages

Empirical and Theoretical Aspects

chapter 4|11 pages

Unlocking Boundaries

Law Reform and the Progressive Development of International Law

part 2|42 pages

Law Reform in Civil Law Systems

part 3|50 pages

Law Reform in Common Law Systems

chapter 8|20 pages

Progressive Development and Codification of Laws

Role of Institutionalised Mechanisms for Law Reform in Domestic Jurisdictions in Africa – Challenges and Prospects

chapter 9|11 pages

The Law Commission of India

A Critical Analysis of its Contributions to Law Reform

chapter 10|17 pages

International Law Reform

Lessons from National Law Commissions – The Case of the United Kingdom

part 4|62 pages

Law Reform in International Law and the UN International Law Commission

part 5|100 pages

Law Reform: Regional and Multilateral Economic Organisations

chapter 19|10 pages

WIPO and TRIPs

In Pursuit of Mitigating the Time Lag in Law Reform Concerned with Technological Developments

chapter 20|10 pages

A Critical Evaluation of the African Union Commission on International Law

A Model for Other Countries?

chapter 23|8 pages

The International Law Commission and International Economic Law

No Chance for a Real Encounter

chapter |4 pages

Conclusion