Published in English, the International Encyclopedia of Comparative Law is a cooperative international work of enormous demand and extraordinary dimension. Approximately 400 scholars from all corners of the world have been active as authors, and the revision of these articles has entailed the participation of nearly 100 other experts as editors and consultants. Many Institute fellows also number among those who have contributed articles to the work.
The International Encyclopedia achieves a universal application through contributions of authors from the entire world, an unwillingness to limit its scope to the world’s “culture nations” and its publication in an international language. The Encyclopedia also disavows a lexical system of keywords which are limited by their national application. Rather, classification according to broad subject matters proves better suited for a comparative encyclopedia since functional relationships are thus more readily clarified.
The Encyclopedia is not envisioned as reference work for legal practitioners, even though the approximately 200 country reports found in Volume I can also provide practicing lawyers with important material and further references, particularly on exotic legal systems. First and foremost it is directed to comparative law scholars, to whom it offers a unique comparative law analysis of the world’s legal systems with comprehensiveness, perspective and uniformity. Furthermore, it addresses itself to the legislators (and judges) of all countries working for the advancement of the law; more than ever before, the improvement of existing legal rules and the development of new ones must take the experiences and solutions of other countries into consideration so that contemporary, optimal and – to the greatest extent possible – harmonised results may be achieved. This function makes the Encyclopedia especially interesting for the lawmakers in developing nations or Eastern Europe who face the task of reforming or creating wholly new legal schemes. Lastly, the Encyclopedia is a valuable aid for putting general legal principles into concrete terms and thus facilitating their application, especially as regarding arbitrators and international judges.
The Encyclopedia has developed its own comparative methodology, one that starts gradually with the implementation of a broad and exacting, above all multilateral, comparative law examination: an approach for characteristic solutions. For each individual legal problem the adopted methodology initially explores those models (and solutions) which are relatively uncommon in the legal world. Subsequently, more typical solutions are individually analysed through an extensive analysis of one of the solution’s representative legal systems including a consideration of the practical preconditions, effects and experiences. Other legal systems which can be assigned to these same typical approaches are, in turn, treated more briefly, making reference to any significant deviations. In this manner a readily discernible mosaic of models and corresponding solutions emerges, one which in principle incorporates all of the world’s nations.
Furthermore, the comparative and universal character of the undertaking is ensured through a systematic, broadly-based review process. All of the articles are subjected to critical examination by the volume’s respective editor as well as its corresponding group of international consultants. Additionally, the articles are scrutinized in terms of both technique and substantive content by the Encyclopedia’s central staff at the Institute.
The Encyclopedia comprises 17 volumes, each volume having on the average 1200 two-columned pages. The first volume contains alphabetically arranged country reports covering the world’s legal systems. The subsequent comparative volumes respectively address a particular subject matter.
Volume II: The Legal Systems of the World - Their Comparison and Unification
Volume III: Private International Law
Volume IV: Persons and Family
Volume V: Succession
Volume VI: Property and Trust
Volumes VII-IX: Contracts
Volume X: Restitution - Unjust Enrichment and Negotiorum Gestio
Volume XI: Torts
Volume XII: Law of Transport
Volume XIII: Business and Private Organizations
Volume XIV: Copyright
Volume XV: Labour Law
Volume XVI: Civil Procedure
Volume XVII: State and Economy
The articles for each volume are initially released as individual booklets. As soon as all of a volume’s articles are on hand, they are supplemented with an addendum and are published in a traditional, bound form.
The Institute is the “nerve center” of the entire project. Konrad Zweigert and Ulrich Drobnig developed the core idea for the composition and methodology of the work; the Institute organised its realisation. Notably, this included the selection and support of the editors of the 17 volumes; contracting and monitoring the necessary English translations; inspection and revision of all the articles including editorial adaptation; and also overseeing the printing process. A small academic and technical team composed of Institute staff under the leadership of Ulrich Drobnig is responsible for this undertaking. To date, approximately 16,000 pages of text have been published. Completion of the entire project is anticipated in ca. four years.