Research Programs

Comparative and Global Law Program

This programme mainly covers comparative legal studies. They increasingly involve international law, either indirectly (as national legal systems are themselves influenced by international law) or directly (as national systems are compared against international regimes underpinned by international law). Such comparative studies also increasingly contribute to the project of building up "global law". One example is the indentification of common themes or patterns among national legal systems, even if not (yet) formalised through international instruments. Another is the refinement of "the new lex mercatoria", based primarily on the norms developed by private commercial parties, either substantive (especially to govern contractual relationships) or procedural (especially to apply in cross-border arbitration).

Associates currently involved in this programme have particular interests in private norms and law (contracts, torts, family relationships, health issues, corprations, financial products), while generally exploring the surrounding public interests. They include Vivenne Bath, Associate Prof Belinda Bennett, Dr Simon Butt, Dr Peter Kwon, Associate Professor Luke Nottage (convenor), Dr David Rolph, Andrew Tuch, and Associate Professor Alex Ziegert.

They are also involved in teaching many courses involving such topics and themes. Undergraduate electives include Comparative Jurisprudence, Chinese Law, Japanese Law, and International Commercial Transactions. Postgraduate courses include (among many others) International Business Law, Health Law, and Consumer Protection – Supplier Liability. The Programme also supports the student moot team that competes (and, in 2006 and 2007, won) the Intercollegiate Arbitration and Negotiation Competition held every December in Tokyo.

Current or recently completed grants have supported research into shifts in Japanese commercial regulation, consumer credit, product safety, and the spread of infectious diseases. Publications, including public Submissions, are listed in the Centre’s Annual Reports; and many works by individual Associates can be found and freely downloaded via the Social Science Research Network.

Associates of this programme and Visitors contribute to the Centre’s Seminar Progamme.

Program Events

The Programme was launched with a CLE Seminar, co-hosted by the Chartered Institute of Arbitrators, on "International Arbitration and Mediation: Potential and Pitfalls" held on 10 October 2007. This dealt with the contentious issue of whether and how international arbitrators should seek to facilitate settlement of commercial disputes, one area where a “global standard” remains elusive (click here for a report).

The Seminar came the day after the 6th Clayton Utz / University of Sydney International Arbitration Lecture, delivered on this topic by Prof Gabrielle Kaufmann-Kohler (University of Geneva).

A second major CLE seminar was held on 25 June on "The UNIDROIT Principles of International Commercial Contracts: What Do They Mean for Australia?" The Hon LJ Priestley QC introduced Professor Michael Joachim Bonell (University of Rome I), a major driving force behind these Principles. Prof Bonell examined three major ways to expand their already extensive usage in negotiating, drafting and resolving cross-border contractual disputes. Justice Paul Finn (Federal Court of Australia) and Adj Prof Donald Robertson (Freehills) added comments. Associate Professor Luke Nottage later wrote some afterthoughts.

Comments about the programme are welcome, as are possibilities for research collaboration. Please contact L.Nottage@usyd.edu.au or law.scil@usyd.edu.au