The congress was held at the University of Edinburgh 27 – 30 JUNE 2007

“THE BOUNDARIES OF UNITY: MIXED SYSTEMS IN ACTION”

Programme

PDF version of the programme available  

WEDNESDAY, 27 JUNE 2007 – PLENARY SESSION (Playfair library)

	Chair: Professor Bill Gilmore, Head of School of Law
16:00 –18:00	Registration
18:00 – 18:30	Opening Session: welcome/greetings
18:30 - 19:30	Opening address and WA Wilson Memorial Lecture
	Vernon Valentine Palmer, Thomas Pickles Professor of Law, Tulane University
	"Two Rival Theories of Mixed Legal Systems" - Abstract
19:30 -21:00	Reception

THURSDAY, 28 JUNE 2007 – PLENARY SESSION (Playfair library)

	Chair: Lord Cullen
9:00 – 10:30	Different views on what constitutes a mixed legal system – part 1
9:00 - 9:20	Esin Örücü, Professor of Comparative Law, University of Glasgow:	“What is a mixed legal system: Exclusion or expansion?” - Abstract
9:20 - 9:40	Jane Matthews Glenn, Professor of Law, McGill University:	"Mixing, Unmixing and Re-mixing in the Commonwealth Caribbean: The examples of Trinidad, Guyana and St. Lucia". - Abstract
9:40 - 10:00	Ignazio Castellucci, University of Trento:	“How mixed must a mixed system be?” - Abstract
10:00 -10:30	Discussion
10:30 - 11.00	Tea Break (Sponsored by Edinburgh University Press)
11:00- 12:30	Different views on what constitutes a mixed legal system – part 2
11:00 -11:20	Nicholas Foster, School of Oriental and African Studies, London:	“The Mixed Systems of the Arab Middle East” - Abstract
11:20 -11:40	Dale Beck Furnish, Professor of Law, Arizona State University:	“The Navajo Nation: A Three-Ingredient Mix” - Abstract
11:40- 12:00	Willemien du Plessis, Professor of Law, North-West University, Potchefstroom, Marissa Herbst, Attorney, Pretoria:	“Customary law v Common law marriages: a hybrid approach in South Africa” - Abstract
12:00 - 12:30	Discussion
12:30 – 14:15	Lunch
14:15 – 16:00	Mixed Legal Systems and European Legal Development
	Chair: Professor the Rt. Hon. Sir David Edward
14:15-14:35	Jan Smits, Professor of Law, Maastricht University:	“Mixed legal systems and the European Union: what can we learn from each other?” - Abstract
14:35-14:55	Marie-Eve Arbour, Professor of Civil law, Université Laval, Québec and Università del Salento, Italy:	“The Impact of Transnational Product Liability Models on Mixed Jurisdictions Legal Traditions: Echoes from Québec, Louisiana and Puerto Rico” - Abstract
14.55-15:25	Christian von Bar FBA, Professor of law, Osnabrück University:	"The Common Frame of Reference - Academic Efforts and Political Realities" - Abstract
15:25-16:00	Discussion
19.30 - 20.30	Wine Reception	Parliament Hall, The Faculty of Advocates

FRIDAY, 29 JUNE 2007- PLENARY SESSION MORNING (Playfair)

	Chair: Professor David Johnston QC
9:00 - 10:45	(Re)codification of civil law in mixed legal systems – part 1
9:00 - 9:20	Jeanne L. Carriere, John Minor Wisdom Professor of Civil Law, Tulane University:	"Filiation and its Discontents in a Mixed Jurisdiction" - Abstract
9:20 - 9:40	Nir Kedar, Bar-Ilan University:	"Civil Codification, Law and Culture in a Mixed Legal System" - Abstract
9:40 - 10:00	Marta Figueroa Torres, IUPR, Executive Director of the Permanent Commission for the Reform of the Civil Code of Puerto Rico:	“Recodification of Civil law in Puerto Rico: A Quixotic Pursuit of the Civil Code for the New Millenium” - Abstract
10:00 -10:45	Discussion
10:45 – 11:15	Tea break (Sponsored by Cambridge University Press)
11:15- 12:45	(Re)codification of civil law in mixed legal systems – part 2
11:15 – 11:35	Dora Nevares-Muñiz, Professor of Law, Inter-American University, Puerto Rico, Chief Reporter of the Puerto Rico Penal Code of 2005:	“(Re)codification of criminal law in a mixed jurisdiction: the case of Puerto Rico” - Abstract
11:35 – 11:55	Christa Rautenbach, Professor of Law, North-West University, Potchefstroom:	"Common v Customary Law of Succession in South Africa: A question of harmonisation, interference or codification." - Abstract
11:55- 12:15	David W. Gruning, William L. Crowe Sr. Distinguished Professor of Law, Loyola University School of Law:	"Things New, Old, and Borrowed: Rewriting the Law of Sale in Louisiana"
12:15 -12:45	Discussion
12:45 – 14:15	Lunch
14:15 – 16:20	AFTERNOON PARALLEL SESSIONS: A. INIURIA
	Chair: Professor John Blackie
14:15 - 14:35	Tamar Gidron, Dean Law School, College of Management, Israel:	“Iniuria/Defamation and other Infringements of Personality Rights” - Abstract
14:35 - 14.55	Helen Scott, St Catherine’s College, Oxford:	“Public disclosure of private facts: the right to privacy in English and South African law” - Abstract
14.55- 15:20	Tea Break (Sponsored by Cambridge University Press)
15.20-15.50	Rohan Edrisinha, University of Colombo, Sri Lanka:	“The Law of Defamation in Sri Lanka and South Africa: A Comparative Survey” - Abstract
15:50-16:20	Discussion
14:15 – 16:50	AFTERNOON PARALLEL SESSIONS: B. LEGAL HISTORY
	Chair: Professor John Cairns
14:15 - 14:35	Shael Herman, Visiting Professor, University of Paris II [Pantheon Assas]:	"The Louisiana Code of Practice [1825]: A Civilian Essai among Anglo-American Sources" - Abstract
14:35 - 14.55	Sean Donlan, Lecturer in Law, University of Limerick:	"A System in Transition?: Eighteenth-century English law" - Abstract
14.55– 15:20	Tea Break (Sponsored by Cambridge University Press)
15:20 – 15.50	Martin Michael Sychold, Swiss Institute of Comparative Law:	"Legal History as Part of Modern Law - mixed legal systems demand knowledge of their historical development" - Abstract
15.50 – 16:20	Paul du Plessis, School of Law, Edinburgh University:	"Legal transfers and mixed jurisdictions: an historical example" - Abstract
16:20 - 16.50	Discussion
19.30	Conference Dinner	South Hall, Pollock Halls of Residence

SATURDAY, 30 JUNE 2007 (Old College)

	MORNING PARALLEL SESSIONS: A. CONTRACT AND COMMERCIAL LAW Chair: Lord Macfadyen
9:00 – 10:40	Contract and commercial law - part 1
9:00- 9:20	Lionel Smith, James McGill Professor of Law and Director of the Quebec Research Centre of Private and Comparative Law:	“Trusts: Lessons from Mixed Jurisdictions” - Abstract
9:20- 9:40	Anton Cooray, Professor, School of Law, City University of Hong Kong:	"Oriental and Occidental Laws in Harmony: The Case of Trusts in Sri Lanka, with dome Asian Comparisons" - Abstract
9:40- 10:00	Ricardo Ben-Oliel, Professor of Private (Civil) Law and of Banking Law, Haifa University, Israel:	“Foreign Influences in Israeli Banking Law” - Abstract
10:00- 10:20	Philip Sutherland, Professor, Department of Mercantile Law, University of Stellenbosch:	“Company law and Insurance law: the development of a mixed commercial law in South Africa” - Abstract
10:20-10:50	Discussion
10:50 – 11:20	Tea break
11:20- 12:50	Contract and commercial law - part 2
11:20- 11:40	Yehuda Adar, Ono Academic College, Israel:	"Remedies for Breach of a Civil Obligation in a Mixed Jurisdiction: The Israeli Experience" - Abstract
11:40-12:00	Laura Macgregor, Senior Lecturer in Commercial law, University of Edinburgh:	“International 'codes' and agency law: Scottish perspectives” - Abstract
12:00- 12:20	Marlize Ingrid van Jaarsveld, Associate Professor in Labour Law, University of South Africa:	“Contract in Contemporary Employment - Weathering Storms Towards Flexible Employment?” - Abstract
12:20-12:50	Discussion
12:50– 14:00	Lunch
	MORNING PARALLEL SESSIONS: B. PROPERTY Chair: Professor Kenneth Reid
9:00 – 10:50	Property – part 1
9:00- 9:20	David Lametti, Associate Professor, Faculty of Law, McGill University:	“Property Undergrounded" - Abstract
9:20- 9:40	D L Carey Miller, Professor of Property law, University of Aberdeen:	“Three of a Kind?: Positive Prescription in Sri Lanka, South Africa and Scotland”- Abstract
9:40-10:00	C G van der Merwe, Research Professor, University of Stellenbosch:	“The Interaction of Common law and Civil law in Mixed jurisdictions’ Condominum Statutes” - Abstract
10:00-10:20	Andrew Steven, Lecturer in Law, University of Edinburgh:	“The Lessor’s Hypothec in Comparative Perspective” - Abstract
10:20-10:50	Discussion (or at end of part 2, depending on time)
10:50 – 11:20	Tea break
11:20- 12:50	Property - part 2
11:20-11:40	John Lovett, Associate Professor of Law, Loyola University New Orleans School of Law:	"Property Law Reform in the 21st Century: A Comparative Mixed Jurisdiction Perspective" - Abstract
11:40- 12:00	G J Pienaar, Professor of Law, Northwest University (Potchefstroom-campus):	"The interaction between civil law and common law principles in the application of aboriginal title (Canada) and indigenous ownership (South Africa)." - Abstract
12:00- 12:20	Winston W. Riddick, Professor of Law, Southern University Law Center:	"Economic Development and Private Ownership of Immovable Property: A Comparison of Louisiana and Haiti" - Abstract
12:20 - 12:50	Discussion
12:50 – 14:00	Lunch
	AFTERNOON PARALLEL SESSIONS: A: INTERNATIONAL LAW AND PRIVATE INTERNATIONAL LAW Chair: Professor Elizabeth Crawford
14:00 – 14:20	Colin Picker, Daniel L Brenner/UMKC Faculty scholar & Associate Professor, University of Missouri - Kansas City School of Law:	“A Comparative Analysis of International Law: Neither Common Law nor Civilian - But Perhaps Like a Mixed Jurisdiction?" - Abstract
14:20 - 14:40	Hennie Strydom, Professor of Law, University of Johannesburg:	"How does international law interact with South African domestic law?" - Abstract
14:40 - 15:00	Aude Fiorini, Lecturer in Law, Aberdeen University:	“The Codification of Private International Law in Europe – Could the Community learn from the experience of mixed jurisdictions?”
15:00 – 15:30	Discussion
	AFTERNOON PARALLEL SESSIONS: B. PROCEDURE Chair: Professor Hector MacQueen
14:00 – 14:20	Remco van Rhee, Professor of law, Chair of European Legal History, Head of the Metajuridica department, Maastricht University:	"Civil procedure in mixed legal systems: status quaestionis and research perspectives"
14:20- 14:40	Susan Drummond, Associate Professor, Osgoode Hall Law School:	“Bellum Juridicum: Dispute Resolution Across Mixed Legal Systems"
14:40 - 15:00	David Parratt, Advocate, Faculty of Advocates:	"Scottish Civil Procedure" - Abstract
15:00 –15:30	Discussion
16:00 – 17:45	WSMJJ General Meeting