Thirteenth International Colloquium

Context and Purpose

This volume compiles the proceedings of the 2009 International Association of Procedural Law (IAPL) conference held in Toronto, Canada, from June 3–5, 2009. The conference convened scholars and practitioners from around the world to examine the evolving relationship between common law and civil law traditions. The central theme explored the continued relevance of the traditional dichotomy between these legal systems in the context of global procedural reforms, as well as the emergence of new categories that better describe contemporary legal practices.

Structure and Content Overview

Preface and Introduction

• Preface: Outlines the objectives of the conference and emphasizes the importance of re-evaluating the common law/civil law divide.
• Introduction: Provides an overview of the themes addressed in this volume, including the utility of traditional legal categories and the exploration of emerging procedural models.

Part I – Rethinking the Common Law / Civil Law Divide

• Mirjan Damaška: Argues that the common law/civil law distinction represents a residual truth within a misleading dichotomy.
• Marcel Storme: Introduces the historical context and implications of the divide.
• Oscar G. Chase: Provides commentary on Damaška's perspective, engaging with critiques of traditional legal categorizations.

Part II – Country Studies from Across the Divide

This section presents comparative analyses of various jurisdictions, examining their approaches to the common law/civil law divide:

• Janet Walker: Discusses the impact of reform on convergence between legal traditions.
• Linda S. Mullenix: Analyzes American exceptionalism and theories of legal convergence.
• Andrés de la Oliva Santos: Explores Spain's Civil Procedure Act 2000 and its integration of traditions.
• Samuel P. Baumgartner: Examines civil procedure reform in Switzerland and the role of legal transplants.
• Neil Andrews: Investigates English civil justice in the era of convergence.
• Yasuhei Taniguchi: Assesses Japan's civil procedure and its alignment with common and civil law traditions.
• Murat Özsunay: Discusses Turkey's 2009 Draft Code of Civil Procedure and its historical influences.

Part III – The Changing Roles of Participants

This section explores the evolving functions of participants in civil proceedings:

• Trevor C.W. Farrow and Garry D. Watson, Q.C.: Analyze the changing roles of courts and procedural frameworks.
• David Bamford: Examines the ongoing transformation of common law litigation, focusing on expert testimony and evidence.
• The Hon. Ian Binnie: Reflects on the evolving role of the expert witness.
• Emmanuel Jeuland: Investigates the roles of witnesses and counsel in civil law jurisdictions.
• Judith Resnik: Explores managerial judges, the influence of Jeremy Bentham, and the privatization of adjudication.
• Eduardo Oteiza: Discusses civil procedure reforms in Latin America, emphasizing the roles of judges and parties in seeking equitable outcomes.
• Soraya Amrani-Mekki: Examines the future of legal categories in the context of procedural reform.

Part IV – Convergence in Other Contexts

This section considers the concept of convergence beyond the traditional common law/civil law framework:

• Eva Storskrubb: Discusses changes introduced by European harmonization initiatives.
• Rolf Stürner: Analyzes procedural law and legal cultures, considering the role of harmonization in global legal practice.
• Alan Uzelac: Investigates the persistence of a third legal tradition, exploring interactions between common and civil law systems.

Key Themes and Concepts

• Legal Convergence: The movement toward harmonizing procedural rules and practices across different legal traditions.
• Legal Transplants: The adoption and adaptation of legal concepts and procedures from one jurisdiction to another.
• Judicial Roles: The evolving responsibilities of judges, including managerial functions and the integration of technology in proceedings.
• Expert Testimony: Developments in the participation of expert witnesses within common and civil law systems.
• Legal Culture: The impact of cultural factors on the development and application of procedural rules.

Geographic and Jurisdictional Focus

• Canada: Focus on the bijural nature of Canadian law and its implications for procedural reform.
• United States: Analysis of American exceptionalism and its influence on convergence.
• Spain: Examination of the Civil Procedure Act 2000 and its blending of legal traditions.
• Switzerland: Study of civil procedure reform and the role of legal transplants.
• United Kingdom: Investigation of civil justice reforms and their impact on traditional legal categories.
• Japan: Assessment of civil procedure and its alignment with common and civil law traditions.
• Turkey: Discussion of the 2009 Draft Code of Civil Procedure and its historical influences.
• Latin America: Exploration of civil procedure reforms and the role of judges and parties in achieving equitable outcomes.