Journal

Global Jurist

Edited by: Ugo Mattei and Luca Pes

Language: English

First published: November 1, 2001

Publication Frequency: 3 issues per year

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Objective
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.

Topics
Global Jurist publishes articles on issues of:

comparative law
law and economics
international law
law and society
legal anthropology
law and humanities

Article formats
Editorials, Forewords, Research articles

> Information on submission process

Your Benefits

Your benefits:

In-depth debate on law-related issues
International community of legal scholars
Multicultural perspective
Interdisciplinary approach
Rapid publication times
Renowned international editorial board

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The Positioned Purpose: Rethinking Positionality in Comparative Legal Methodology

October 3, 2025

Daniel Haefke

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The article critically examines how a comparatist’s positionality and purpose shape the design and outcomes of comparative legal research. Amid ongoing debates in comparative law – pitting functionalist against cultural approaches, or sameness-seeking projects against difference-embracing ones – this article shifts the focus toward a more foundational concern: the motivations behind comparison and the discursive contexts in which it occurs. While questions of “how to compare” dominate methodological discourse, this article insists that we must first confront “why we compare” and “to whom we are speaking.” These inquiries are not peripheral but central to the integrity and potential of comparative legal scholarship. The article argues that every comparatist operates from a particular legal and cultural position, and with a specific communicative aim: their positioned purpose. This purpose not only motivates the comparative endeavor but also determines how domestic and foreign legal systems are selected, interpreted, and related to each other. By ignoring their own motivations and situated perspectives, comparatists risk designing methods that are ill-suited to their actual goals and miss out on the critical potential that comparison uniquely offers. In reclaiming a central insight of critical comparative scholarship, the article rejects the illusion of methodological neutrality or objectivity. However, it also challenges some prevailing assumptions within the critical camp, particularly the tendency to conflate the positionality problem solely with ethnocentrism, and to treat a turn to cultural difference as an automatic corrective. Positionality manifests in more nuanced and varied ways, depending on whether one is speaking from or to the Global North or Global South, for example. The same methodological risks (ethnocentrism and status quo bias) play out differently across contexts, making positionality a dynamic rather than monolithic concern. The article is structured in three parts. Part 1 introduces the problem of positionality and explores how its neglect leads to recurring fallacies in comparative research. Part 2 presents the idea of comparative projects as purposeful constructions, shaped by the comparatist’s discursive and institutional location. Part 3 examines how the specific contours of ethnocentrism and status quo bias vary with the comparatist’s positioned purpose, demonstrating why there can be no universal fix or one-size-fits-all critique for methodological flaws in comparative law. Ultimately, the article argues that positionality should be neither denied nor lamented, but embraced as a source of methodological strength. Comparative law, because of its relational nature and critical distance from doctrinal orthodoxy, is especially well suited to turn positionality into a productive resource. Rather than impeding meaningful comparison, a reflexive understanding of one’s position and purpose enables more contextually attuned, critically engaged, and methodologically sound comparative work.
Open Access
Anti-Corruption Laws in Colombia: Lessons from the Case of Odebrecht and Corficolombiana

June 3, 2025

Joaquín Vélez-Navarro

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Abstarct This article critically examines Colombia’s anti-corruption legal framework through the lens of the Odebrecht and Corficolombiana scandal surrounding the “Ruta del Sol 2” infrastructure project. Although Colombia has formally adopted robust anti-corruption laws aligned with international standards – particularly those promoted by the OECD – this study reveals serious shortcomings in their enforcement and practical application. By contrasting Colombia’s response to the scandal with that of the United States, the article illustrates how U.S. authorities were far more effective in uncovering critical facts, imposing penalties, and securing compensation, despite the events occurring abroad. In Colombia, by contrast, institutional weaknesses, lack of prosecutorial independence, and political interference significantly undermined legal responses. Drawing on legal analysis and case documentation, the article identifies structural and interpretive challenges within Colombia’s anti-corruption statutes, such as legislative instability, inconsistent implementation, and limited capacity to prosecute powerful actors. The analysis also addresses the limitations of punitive and administrative tools against corporate actors and explores the failure of asset recovery mechanisms. Ultimately, the article argues that while Colombia’s anti-corruption laws are formally comprehensive, they remain politically constrained and institutionally fragile, raising important concerns about legal transplants and rule-of-law reforms in contexts marked by entrenched elite impunity. The paper concludes with lessons for comparative anti-corruption governance and legal reform in Latin America.
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The Referral “Power” of ICC Prosecutor according to Art. 13 StICC

October 6, 2020

Dimitris Liakopoulos

Article number: 20200033

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The present work will be devoted to the power to activate the investigations of the Prosecutor according to art. 13 of the Statute of the International Criminal Court (StICC). The StICC tries to offer some coordination tools, whose correct and careful use should in principle favor a harmonious and effective interaction between the two organs (International Criminal Court (ICC) and Security Council (SC)) and avoid the emergence of conflicts. As we will try to highlight, despite these intent of the statutory provisions, the margin of discretion inevitably granted to ICC and SC in interpreting the extension of the powers recognized to them, can lead to tensions and contrasts of not easy solution.
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Money is the Exchange: From Media Theory to the Governance of Monetary Pluralism in the EU

January 1, 2000

Valentino Cattelan, Gabriella Gimigliano

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This article deals with the future of money regulation in the EU. Its originality lies in applying media theory to frame a governance model that recognises and fosters an evolving social ontology of plural monetary practices. For this purpose, the study starts from the description of money as ‘market language’ and the acknowledgement of the co-existence of different (digital and non-digital; public and private) monetary practices as a de facto reality in the EU. Embracing an ontology-sensitive approach, the article argues that the principle of subsidiarity can help shaping the future of EU money regulation by promoting a sound ‘conversation’ between the specific identities of these different ‘market languages.’
Open Access
Effective Remedies and Reinforcing Procedural Guarantees of Constitutionalism in Europe

January 1, 2000

Zsolt Körtvélyesi

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Illiberal regimes show signs of mutual learning, which would need to be matched with similarly innovative solutions on the side of constitutional resilience. The paper, contributing to this process, looks first at illiberalism’s internal tension that could be exploited to the benefit of strengthening constitutionalist guarantees. The approaches of the CJEU and the ECtHR on what counts as effective remedy in national law could be turned into an effective conditionality instrument. Constitutionally consequential damages litigation can play an additional role as illiberal regimes seem to show more responsiveness to financial incentives than other forms of external pressure.
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To Be or Not to Be (Present): That is the Question. How Technology Impacts Shareholders’ Meetings in a PLC

January 1, 2000

Paolo-Maria Smirne

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The paper analyses both EU and Italian legislation concerning remote participation in shareholders’ meetings of public limited companies . The principal European measure in this field is the Shareholders’ Rights Directive (2007/36/EC), which, under Article 8, provides for electronic voting and remote participation in the shareholders’ meeting. However, the Directive applies exclusively to listed companies . The relevant provision under Italian law is Article 2370, paragraph 4, of the Civil Code, which has been amended also in light of the transposition of the aforementioned Directive. Italian law requires that such electronic means may be used only if expressly permitted by the articles of association , whereas the Directive leaves Member States free to avoid imposing such a condition. It should be noted that Italian legislation still includes provisions adopted during the Covid-19 pandemic, aimed at facilitating the use of technological tools in shareholders’ meetings. This paper therefore compares such emergency legislation with the corresponding provisions of the Civil Code, with a view to identifying potential efficiency gains in corporation’s life.

Issue 0

Issue 1

Issue 3

Law, Commodification, and the Distribution of Resources

Issue 2

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Special Issue: Comparative Law Methodology: A Tool for Analysing the Complex Contemporary Intercultural Context, Guest Edited by Elena Ioriatti and Andrea Pradi

Special Issue: Urban Commons and the Law, Guest Edited by Alessandra Quarta and Antonio Vercellone

Special Issue: International Economic Law in the Era of Distributed Ledger Technology, Guest Edited by Jose Gustavo Prieto Munoz, Annamaria Viterbo and Alberto Oddenino

Issue 1

Issue 3

Special Issue: On The Future of Law and Economics by Guido Calabresi: An Interdisciplinary Dialogue, Guest Editors: Aleksandar Stojanovic and Paolo Silvestri

Issue 2

Issue 1

Issue 3

Special Issue on International Law, Legitimacy and the State of Israel

Special Issue title: Law and Boundaries Vol. 3, Guest Editor: Tomaso Ferrando

Special Issue: Law and Boundaries 2014, Guest Editor: Tomaso Ferrando

Issue 1

Issue 1-3

Issue 2-3

Special issue: Law and Boundaries

At the End of the End of History. Global Legal Standards. Part of the Solution or Part of the Problem?

Global Administrative Law and Global Governance

CiteScore	1.5	2024, Scopus (Elsevier B.V., 2025)
SCImago Journal Rank	0.244	2024, SJR (Scimago Lab, 2025; Data Source: Scopus)
Source Normalized Impact per Paper	0.446	2024, CWTS Journal Indicators (CWTS B.V., 2025; Data Source: Scopus)

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Submitted articles will be evaluated for possible publication according to their topical relevance and the importance of their contribution to scholarship
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Editors in Chief
Ugo Mattei, University of Turin; University of California
Luca Pes, University of Trento

Executive Editor
Luca Pes, University of Trento

Editors
Mauro Bussani, University of Trieste
Cesare Cavallini, Bocconi University, Milan
Anna Di Robilant, Boston University
Fernando Echerri, Universidad Marta Abreu de la Villa
Günter Frankenberg, Goethe Universität, Frankfurt am Main
James Gordley, Tulane University
Elisabetta Grande, University of Eastern Piedmont
Liu Ghangua, Lanzhou University
Christian Joerges, Bremen University; Hertie School of Governance
Amadou Keita, University of Bamako
Boris Mamlyuck, Univerity of Memphis
Horatia Muir Watt, University of Paris
Daniel Peñailillo Arévalo, Universidad de Chile
Teemu Ruskola, Emory University

Associate Editors
Rocco Alessio Albanese, University of Turin
Emanuele Ariano, University of Turin
Leonardo Borlini, Bocconi University
Sara de Vido, Ca'Foscari University of Venice
Tomaso Ferrando, University of Warwick
Giacomo Marchisio, McGill University
Lara Merla, University of Turin
Rodrigo Miguez, Università del Piemonte Orientale
Michael Monterossi, Ca'Foscari University, Venice
Alberto Oddenino, University of Turin
Alessandra Quarta, University of Turin
Lydia Vellisicg, IUSS Pavia
Antonio Vercellone, Bocconi University
Alberto Gallarati, University of Turin

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Additional information

eISSN:

1934-2640

Language:

English

Publisher:

De Gruyter

Additional information

First published:

November 1, 2001

Publication Frequency:

3 issues per year

eISSN: 1934-2640

Audience(s) for this journal

researchers in the field of comparative law, law and economics, international law, law and scoiety, legal anthropology, law and humanities

Global Jurist

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