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 brought together scholars and practitioners from around the world to examine the evolving relationship between common law and civil law traditions. The central theme explored whether the traditional dichotomy between these legal systems remains relevant in the face of global procedural reforms and whether new categories are emerging to better describe contemporary legal practices.

🏛 Structure and Content Overview

Preface and Introduction

• Preface: Outlines the objectives of the conference and the significance of re-evaluating the common law/civil law divide.
• Introduction: Provides an overview of the themes addressed in the 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 is a residual truth of a misleading dichotomy.
• Marcel Storme: Introduces the divide, discussing its historical context and implications.
• Oscar G. Chase: Offers comments on Damaška's perspective, engaging with the critique of traditional categorizations.

Part II – Country Studies from Across the Divide

This section presents comparative analyses of various jurisdictions, examining how they navigate 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 convergence theory.
• Andrés de la Oliva Santos: Explores Spain's Civil Procedure Act 2000 and its blending 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 age 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 the Participants

This section delves into the evolving roles of various participants in legal proceedings:

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

Part IV – Convergence in Other Contexts

This section explores the concept of convergence beyond traditional legal systems:

• Eva Storskrubb: Discusses the changes European harmonization will bring.
• Rolf Stürner: Analyzes procedural law and legal cultures, considering the role of harmonization in global legal practices.
• Alan Uzelac: Investigates the survival of the third legal tradition, examining the interplay between common and civil law systems.

🧠 Key Themes and Concepts

• Legal Convergence: The movement towards 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 and functions of judges, including managerial roles and the integration of technology in the courtroom.
• Expert Testimony: The changing nature of expert witness involvement in legal proceedings, with a focus on both common and civil law systems.
• Legal Culture: The impact of cultural factors on the development and application of legal procedures and norms.

🌍 Geographic and Jurisdictional Focus

• Canada: Emphasis on the bijural nature of Canadian law and its implications for procedural reforms.
• United States: Analysis of American exceptionalism and its influence on legal convergence.
• Spain: Examination of the Civil Procedure Act 2000 and its blending of common and civil law 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 seeking fair solutions.