Hart Publishing TEXTBOOKS 2018

CONTENTS Banking & Financial Law 2 International Economic & Trade Law 17 Company, Corporate & Commercial Law 3 International Investment Law 18 Comparative Law 3 IT & Technology Law 18 Competition Law 4 Labour & Discrimination Law 19 Constitutional Law 5-6 Law & Humanities 19 Consumer Law 7 Legal Ethics 20 Contract, Tort & Restitution Law 7-9 Legal Philosophy 20 Criminal Law & Criminology 10 Media Law 21 Environmental Law 11-12 Medical Law & Ethics 21 European Law 12-13 Private International Law 22 Family Law 13 Property Law 23 Gender & the Law 14 Public International Law 23-25 General Law 14-15 Socio-Legal Studies 26 Human Rights Law 15-16 Sports Law 26 Insurance Law 16 Tax Law 27

Intellectual Property Law 17 Good Books for Law Students

Textbook_Catalogue2018.indd 1 19/04/2018 11:07:27 Banking & Financial Law

SECOND EDITION SECOND EDITION European Capital Markets Law Corporate Finance Law Edited by Rüdiger Veil Principles and Policy European capital markets law has developed and Jennifer Payne rapidly in recent years. The former directives The second edition of this acclaimed book have been replaced by regulations and continues to provide a discussion of key numerous implementing legal acts aimed at theoretical and policy issues in corporate ensuring a level playing field across the EU. finance law. Fully updated, it reflects The financial crisis has given further impetus developments in the law and the markets in the to the development of a European supervisory continuing aftermath of the Global Financial structure. This book systematises the European Crisis. One of its distinctive features is that it law and examines the underlying concepts gives equal coverage to both the equity and from a broadly interdisciplinary perspective. debt sides of corporate finance law, and seeks, where possible, to compare National experiences in selected Member States – Austria, France, Germany, the two. This book covers a broad range of topics regarding the debt and Italy, Spain, Sweden and the United Kingdom – are also explored. equity-raising choices of companies of all sizes, from SMEs to the largest The first chapter deals with the foundations of capital markets law in publicly traded enterprises, and the mechanisms by which those providing Europe, the second explains the basics, and the third examines the regime capital are protected. Each chapter analyses the present law critically so as on market abuse. Chapter four explores the disclosure system and chapter to enable the reader to understand the difficulties, risks and tensions in this five the roles of intermediaries, such as financial analysts, rating agencies area of law, and the attempts made by the legislature and the courts, as well and proxy advisers. Short selling and high frequency trading is described as the parties involved, to deal with them. This book will be of interest to in chapter six. Chapter seven deals with financial services and chapter practitioners, academics and students engaged in the practice and study of eight explains compliance and corporate governance in investment firms. corporate finance law. Chapter nine illustrates the regulation of benchmarks. Finally, chapter Louise Gullifer is Professor of Commercial Law and Jennifer Payne is ten deals with public takeovers. Throughout the book emphasis is placed Professor of Corporate Finance Law, both at the . on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. Oct 2015 9781849466004 936pp Pbk RSP: £50 Rüdiger Veil is a professor at Bucerius Law School, Hamburg and director of the Institute for Corporate and Capital Markets Law. Apr 2017 9781782256526 848pp Pbk RSP: £50

SECOND EDITION An Introduction to the Law on Financial Investment Iain G Macneil Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital. The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment. Iain G MacNeil is the Alexander Stone Professor of Commercial Law at the University of Glasgow. Jan 2012 9781849460507 542pp Pbk RSP: £45

2

Textbook_Catalogue2018.indd 2 19/04/2018 11:07:27 Company, Corporate & Commercial Law

SECOND EDITION International Business Law Comparative Company Law Emerging Fields of Regulation A Case-Based Approach Mark Fenwick and Stefan Wrbka Edited by Mathias Siems This book provides an accessible introduction and David Cabrelli to selected new issues in transnational law, and connects them to existing theoretical As attention moves rapidly towards comparative debates on transnational business regulation. approaches, the research and teaching of More specifically, (i) it introduces the argument company law has somehow lagged behind. The about the evolving character of contemporary overall purpose of this book is therefore to fill international business regulation; (ii) it provides a gap in the literature by identifying whether an overview of some of the main fields of law that conceptual differences between countries are currently important for firms that operate exist. Rather than concentrate on whether the across borders; and (iii) it sets out an interpretive institutional structure of the corporation varies across jurisdictions, the framework for making sense of disparate developments occurring across objective of this book will be pursued by focusing on specific cases and a number of jurisdictions, among which are the form of regulation and how different countries might treat each of these cases. The book also has style of enforcement, issues of legal certainty, and behavioural aspects of a public policy dimension, because the existence or absence of differences regulation. may lead to the question of whether formal harmonisation of company law is necessary. This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating The book covers 12 legal systems from different legal traditions and from transnationally. This book is intended not only for law students looking for different parts of the world (though with a special emphasis on European an introduction, overview or commentary on the contemporary state of countries). In alphabetical order, those countries are: Finland, France, international business law, but also for anyone looking for an introduction Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, to the regulation of business in a global, inter-connected economy. the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case Mark Fenwick is Professor at the Graduate School of Law, Kyushu solutions, various conclusions are reached, some of which challenge University, Japan. established orthodoxies in the field of comparative company law. Stefan Wrbka is Unit Head and Academic Coordinator, Business Law at the University of Applied Sciences for Management and Communication, Mathias Siems is a Professor of Commercial Law at Durham University. Vienna. David Cabrelli is a Senior Lecturer in Commercial Law at the University of Edinburgh. Jun 2018 9781509918058 192pp Pbk RSP: £29.99 Oct 2018 9781509909360 512pp Pbk RSP: £42.99

Comparative Law

A New Introduction to An Introduction to Comparative Comparative Law Law Theory and Method Jaakko Husa Geoffrey Samuel This thought-provoking introduction to the study This short book on comparative law theory of comparative law provides in-depth analyses and method is designed primarily for of all major comparative methodologies and postgraduate research students whose work theories and serves as a common sense guide involves comparison between legal systems. to the study of foreign legal systems. It is written It is, accordingly, a book on research methods, in a lively and accessible style and will prove although it will also be of relevance to all indispensable reading to students of the subject. students (undergraduate and postgraduate) It also contains much that will be of interest taking courses in comparative law and to to comparative law scholars, offering novel academics entering the field of comparison. The insights into commonplace methodological and substance of the book has been developed over theoretical questions and making a significant contribution to the field. many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on Jaakko Husa is Professor of Comparative Law and Constitutional Law at other programmes in French, Belgian and English universities. It is arguable the University of Lapland (Finland). that there has been to date no single introductory work exclusively devoted May 2015 9781849467964 298pp Pbk RSP: £24.99 to comparative law methodology and thus this present book aims to fill this gap. Geoffrey Samuelhas been Professor of Law at Kent Law School since 1997 and is a Professor affilié in the École de Droit, Sciences-Po, Paris since 2012. May 2014 9781849466431 232pp Pbk RSP: £19.99

3

Textbook_Catalogue2018.indd 3 19/04/2018 11:07:27 Competition Law

SIXTH EDITION SECOND EDITION EU Competition Law An Introduction to An Analytical Guide Competition Law to the Leading Cases Piet Jan Slot and Martin Farley Ariel Ezrachi This book is intended to serve as a first This book is designed as a working tool for the acquaintance with competition law. It aims study and practice of European competition to reach a broad range of readers: students, law. It is an enlarged and updated sixth edition teachers in further and higher education, of the highly practical guide to the leading officials and practising lawyers who are not cases of European competition law. usually faced with competition law issues in their working lives. This sixth edition focuses on Article 101 TFEU, Article 102 TFEU and the European Merger This second edition has been fully updated in Regulation. In addition it explores the public and private enforcement of the light of the latest developments, and covers both EU and UK competition competition law, the intersection between intellectual property rights and law along with an introduction to the EU rules on State Aid. It provides insight competition law, the application of competition law to state action and into the combined system of EU and UK competition law, providing a broad state aid laws. range of examples for the three main subjects – the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision Each chapter begins with an introduction which outlines the relevant laws, of concentrations (ie mergers and acquisitions). Those examples are drawn regulations and guidelines for each of the topics, setting the analytical from European and UK practice. These greatly enhance the exposition of foundations for the case entries. Within this framework, cases are reviewed the general principles, taking into account recent legislative and judicial in summary form, accompanied by analysis and commentary. developments. Ariel Ezrachi is the Slaughter and May Professor of Competition Law at the Piet Jan Slot is an Emeritus Professor at . University of Oxford and the Director of the Oxford Centre for Competition Martin Farley is a member of the European Commission Legal Service and Law and Policy. Fellow of the Centre of European Law at King’s College London. Jul 2018 9781509920372 832pp Pbk RSP: £45 Apr 2017 9781849461801 416pp Pbk RSP: £28.99

SECOND EDITION Global Competition Law and Economics Einer Elhauge and Damien Geradin This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content or enforcement of competition laws, antitrust law is now a truly global phenomenon. Modern antitrust law is also different because it now reflects an increasingly economic approach to analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed to students from all jurisdictions having competition laws, this casebook provides an in- depth analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws. As such it will also serve as a useful reference for practitioners, competition officials and policy-makers interested in competition law. Einer Elhauge is Petrie Professor of Law at Harvard Law School. Damien Geradin is a partner at Covington & Burling. He is also a Professor of Competition Law and Economics at Tilburg University, and a Cook Global Professor at the University of Michigan Law School. Aug 2011 9781849460446 1324pp Pbk RSP: £43.99

4

Textbook_Catalogue2018.indd 4 19/04/2018 11:07:27 Constitutional Law

Cases, Materials and Text Key Ideas in Administrative Law on Judicial Review of Jason NE Varuhas Administrative Action This book offers an accessible critical Edited by Chris Backes introduction to administrative law by reference to a number of key ideas which characterise and Mariolina Eliantonio administrative law. By way of introduction This Casebook studies the law governing the book considers the different theories that judicial review throughout Europe. have been advanced to explain administrative law, including their explanatory strengths and It concentrates on the foundations of judicial weaknesses. The book considers the question review and examines, amongst others, the of scope, that is who is bound by administrative organisation of judicial review, the types of law principles. The book then examines the administrative action and corresponding kinds obligations imposed by administrative law, of review and access to court. Significant attention is also devoted to the including consideration of who has standing to sue for breach of these conduct of the court proceedings, the grounds for review and the standard duties and the remedies available for breach. Lastly, the book considers, by of review and the remedies available in judicial review cases. reference to cutting-edge issues in administrative law, the tension between The relevant rules and case law of Germany, England and Wales, France and two key ideas that underpin administrative law: administrative autonomy the Netherlands are analysed and compared. The similarities and differences and legal control. between the legal systems are highlighted. The impact of the jurisprudence Jason NE Varuhas is Associate Professor at the . of the European Court of Human Rights as well as the influence of EU initiatives and the case law of the European Court of Justice in the various Nov 2018 9781509910618 128pp Pbk RSP: £9.99 jurisdictions is also considered. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared Key Ideas in Constitutional Law to that of the national legal systems. Chris Backes is Professor of Environmental and Planning Law at the University of Utrecht. All states, and many other non-state entities, Mariolina Eliantonio is Associate Professor in European Administrative have constitutions, yet the notion of “a Law at Maastricht University. constitution” is elusive. Is it a document, collection of documents, set of working rules, Oct 2018 9781509921478 768pp Pbk RSP: £49.99 values, or aspirations? Does “the constitution” describe the workings of governmental institutions and officials or prescribe how they ought to behave? Are any provisions, or kinds of Constitutionalism in Asia provisions, necessary in order for a state to have Cases and Materials a “constitution”? Are “constitutions” founded Wen-Chen Chang, Li-ann Thio, on shared ideals, or are they frameworks for peacefully resolving deeply felt disagreements about ideals? This book helps Kevin YL Tan and Jiunn-rong Yeh readers to address these questions by examining a number of ideas which This book of text, cases and materials from are key to understanding the phenomena which we call “constitutions”, Asia is designed for scholars and students including power, political associations, institutions and the common good. of constitutional law and comparative By drawing on a number of constitutional systems, the book offers an constitutional law. The book is divided into anatomy of constitutions and a notion of constitutionalism which can help 11 chapters, arranged thematically around to illuminate any constitution. key ideas and controversies, enabling the David Feldman is the Rouse Ball Professor of English Law at the University reader to work through the major facets of of Cambridge, and a Fellow of Downing College. constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of Nov 2018 9781509910021 144pp Pbk RSP: £9.99 constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as SEVENTH EDITION a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide The Law-Making Process to the controversies encountered in the study of constitutional law in Asia. Michael Zander Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. As a critical analysis of the law-making process, The approach is one of 'challenge and response', whereby questions of this book has no equal. For more than three constitutional importance are posed and the reader is then led, by engaging decades it has filled a gap in the requirements with primary and secondary materials, through the way the various Asian of students in law or political science taking states respond to these questions and challenges. Chapter segments are introductory courses on the legal system and is accompanied by notes, comments and questions to facilitate critical and now in its 7th edition. It deals with every aspect comparative analysis, as well as recommendations for further reading. of the law-making process: the preparation of legislation; its passage through Parliament; Wen-Chen Chang is Professor at the College of Law, National Taiwan statutory interpretation; binding precedent; University. Li-ann Thio is Professor of Law (Provost's Chair) at the National how precedent works; law reporting; the nature University of Singapore and a former Nominated Member of the Singapore of the judicial role; European Union law; and the process of law reform. It Parliament (Eleventh Session). Kevin YL Tan is Adjunct Professor at the presents a large number of original texts from a variety of sources – cases, Faculty of Law, National University of Singapore. Jiunn-rong Yeh is official reports, articles, books, speeches and empirical research studies University Professor at the College of Law, National Taiwan University. – laced with the author’s informed commentary and reflections on the subject. This book is a mine of information dealing with both the broad Feb 2014 9781849462341 1170pp Pbk RSP: £50.00 sweep of the subject and with all its detailed ramifications. Michael Zander QC is Emeritus Professor at the London School of Economics and Political Science, where he taught from 1963 to 1988. Mar 2015 9781849465625 510pp Pbk RSP: £39.99 5

Textbook_Catalogue2018.indd 5 19/04/2018 11:07:28 CONSTITUTIONAL SYSTEMS OF THE WORLD SERIES Series General Editors: Peter Leyland, Andrew Harding, Benjamin L Berger, Rosalind Dixon and Heinz Klug

“This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context...There is no other series of guides quite like it, and several of the volumes now form the core of the course in comparative constitutional law at the University of Pennsylvania, where they have been warmly embraced by the students.” Prof William B Ewald, University of Pennsylvania Law School

The Constitution of India The Constitution of Pakistan A Contextual Analysis A Contextual Analysis Arun K Thiruvengadam Sadaf Aziz This book provides an overview of the Indian This volume provides a contextual account Constitution by situating it within its larger of Pakistan’s constitutional laws and history. socio-political context. It focuses on the It aims to describe the formal structure of overarching principles and the main institutions government in reference to origins that are of constitutional governance that the world’s traced to the administrative centralisation and longest written constitution inaugurated in legal innovations of colonial rule. It also situates 1950. The nine chapters of the book address the tide of Muslim nationalism that gave rise to the following topics: the pre-history of the the nation of Pakistan within a terrain of nascent constitution and its making; the structural constitutionalism and its associated promises of features and actual operation of principal representation. governance institutions including the executive and the parliament, the Sadaf Aziz is Assistant Professor in the Shaikh Ahmed Hassan School of institutions of federalism and local government, the judiciary, and the Law at Lahore University of Management Sciences (LUMS). set of ‘counter-democratic’ institutions that play distinctive roles in the Indian political and regulatory landscape; and finally, the crucial issues of Jan 2018 9781849465861 296pp Pbk RSP: £27.00 multiculturalism and constitutional change in India. The book employs a narrative form to describe the twists and turns and the challenges confronted across nearly seven decades of the operation of the constitution. It departs from conventional Indian constitutional scholarship by placing less emphasis on constitutional doctrine (as evolved in judicial decisions Published in the series delivered by the High Courts and the Supreme Court), choosing instead Australia, Cheryl Saunders to highlight the political bargains and extra-legal developments that have Belgium, Patricia Popelier and Koen Lemmens influenced constitutional evolution. While motivated by an appreciation for Canada, Jeremy Webber this unprecedented social and legal experiment, the book is nevertheless China, Qianfan Zhang critical of its shortcomings. Finland, Jaakko Husa France, Sophie Boyron Arun K Thiruvengadam is Professor of Law at the School of Policy and Germany, Werner Heun Governance, Azim Premji University, Bengaluru, India. Independent Central Asian States, Scott Newton India, Arun K Thiruvengadam Dec 2017 9781841137360 296pp Pbk RSP: £19.99 Indonesia, Simon Butt and Tim Lindsey Israel, Suzie Navot Japan, Shigenori Matsui The Constitution of Ireland Malaysia, Andrew Harding A Contextual Analysis Mexico, José María Serna de la Garza Oran Doyle Pakistan, Sadaf Aziz Romania, Bianca Selejan-Gutan This book will provide a contextual analysis of Singapore, Kevin YL Tan Ireland’s constitutional order. The aim of the book South Africa, Heinz Klug is to provide an account of how constitutional Spain, Victor Ferreres Comella governance in Ireland actually occurs rather than Taiwan, Jiunn-rong Yeh a doctrinal account of what the Constitution Thailand, Andrew Harding and Peter Leyland says. The dominance of the Parliament by the The Commonwealth Carribbean, Derek O’Brien Executive warps the constitutional structure that The Republic of Austria, Manfred Stelzer appears on the face of the constitutional text, The Russian Federation, Jane Henderson leading to a diminished role for the Parliament The United Kingdom 3rd Ed, Peter Leyland and greater importance for the accountability The United States of America, 2nd Ed, Mark Tushnet and contestatory roles of other institutions, principally but not solely Vietnam, Mark Sidel the courts. The structure of the book aims to present the reality of this constitutional structure. The book therefore eschews an approach that presents the Parliament as legislator, the Government as executive organ, Forthcoming in the series and the Courts as judicial organ. Ireland, Oran Doyle Oran Doyle is Associate Professor of Law at Trinity College Dublin. Dec 2018 9781509903436 224pp Pbk RSP: £19.99

6

Textbook_Catalogue2018.indd 6 19/04/2018 11:07:28 Consumer Law

THIRD EDITION Consumer Law Consumer Law and Policy Ius Commune Casebooks for Text and Materials on a Common Law of Europe Regulating Consumer Markets Edited by Hans-W Micklitz, Iain Ramsay Jules Stuyck and Evelyn Terryn This new edition continues to provide a The objective of this casebook, like others in critical introduction to the legal regulation the Ius Commune Series, is to help uncover of consumer markets, situating it within the common roots, notwithstanding differences context of broader debates about rationales for in approach, of the European legal systems, regulation, the role of the state and the growth with a view to strengthening the common of neo-liberalism. It draws on interdisciplinary legal heritage of Europe. The casebook covers sources, assessing, for example, the increased the big legal families in the EU and contains influence of behavioural economics on consumer law. It analyses the judgments from the supreme courts and other courts of the Member States. Europeanisation of consumer law and the tensions between neo-liberalism In view of the importance of EC legislation (eg harmonisation directives and the social market, consumer protection and consumer choice, in the and regulations) in this field, the consumer law casebook contains much establishment of the single market ground rules. The book also assesses material derived from Community law, such as extracts from directives (eg national, regional and international responses to the world financial crisis as on unfair contract terms, distance selling, doorstep selling, product liability, reflected in the regulation of consumer credit markets. unfair commercial pratices etc) and judgments of the ECJ and national court decisions. Furthermore, attention is paid to the way in which, when This edition incorporates recent legislative and judicial developments of the interpreting EC directives in the consumer field, the ECJ refers to concepts law, blending substantial extracts from primary UK, EU and international common to the legal systems of the Member States and how the courts legal materials. of the Member States incorporate the concepts found in the directives (as Iain Ramsay is Professor of Law at Kent Law School, University of Kent at interpreted by the ECJ) in their legal systems. The casebook also compares Canterbury. harmonised and pre-harmonised law, especially in the case law of the Member States. The casebook concentrates on private law in the field of Oct 2012 9781849462624 710pp Pbk RSP: £45 consumer protection but also addresses topics, in particular in the field of enforcement, that are primarily a matter of public law. Hans-W Micklitz is Professor of Law at the European University Institute, Florence. Jules Stuyck is Professor of Law at the K.U.Leuven, Belgium and director of the Study Centre for Consumer Law. Evelyne Terryn is Professor of Law at the K.U.Leuven, Belgium and a member of the Study Centre for Consumer Law. Mar 2010 9781841137490 688pp Pbk RSP: £44.99

Contract, Tort & Restitution Law

Key Ideas in Contract Law Key Ideas in Tort Law Nicholas McBride Peter Cane This book introduces the reader to a number of This book offers nine key ideas about tort ideas and issues that underlie the English law of law that will help the reader to understand contract-an area of law that is often regarded as its various social functions and evaluate its forbiddingly dry and technical but which is here effectiveness in performing those functions. The made easy to understand and full of interest. book focuses, in particular, on how tort law can guide people’s behaviour, and the political and Taking as its starting point the role contract social environments within which it operates. It law plays in helping markets to operate, the also provides the reader with a wealth of detail book explains how contract law regulates the about the ideas and values that underlie tort commercial risks people take, while at the same ‘doctrine’-tort law’s rules and principles, and time placing limits on what may be bought the way those rules and principles operate in and sold, and ensuring that contractual powers are not unacceptably practice. The book is an accessible introduction to tort law that will provide abused. A final chapter discusses how contract law can be used to make students, scholars and practitioners alike with a fresh and engaging view of gifts of binding promises to other people. The book provides a rigorous and the subject. stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject. Peter Cane is a Senior Research Fellow at Christ’s College, Cambridge. Nicholas J McBride is a Fellow of Pembroke College, Cambridge. Aug 2017 9781509909421 144pp Pbk RSP: £9.99 Aug 2017 9781509907212 144pp Pbk RSP: £9.99

7

Textbook_Catalogue2018.indd 7 19/04/2018 11:07:28 THIRD EDITION SIXTH EDITION Contract Law A Casebook on Contract Ius Commune Casebooks for Andrew Burrows the Common Law of Europe This is the sixth, fully updated, edition of Hugh Beale, Bénédicte Fauvarque- Professor Burrows’ casebook, offering law Cosson, Jacobien Rutgers and Stefan students the ideal way to discover and Vogenauer understand contract law through reading highlights from the leading cases. Designed This is the third edition of the widely acclaimed to be used either on its own or to supplement and successful casebook on Contract in the a contract law textbook, this book covers the Ius Commune Series, developed to be used undergraduate contract law course in a series throughout Europe and beyond, by anyone of clearly presented and carefully structured who teaches, learns or practises law with a chapters. The author provides an expert comparative or European perspective. The book contains leading cases, introduction to each topic and his succinct notes and questions seek to legislation and other materials from English, French and German law as guide students to a proper understanding of the cases. The relevant statutes the main representatives of the legal traditions within Europe, as well as are also set out along with a principled analysis of them. In addition to cross- EU legislation and case law and extracts from the Principles of European references to further discussion in the leading textbooks, an innovative Contract Law, with comparisons to other international restatements (such feature is the summary of leading academic articles in each chapter. The as the Vienna Sales Convention, the UNIDROIT Principles of International book is designed not to overwhelm students by its length but covers all Commercial Contracts, the Draft Common Frame of Reference and so on). aspects of the law of contract most commonly found in the undergraduate Materials are chosen and ordered so as to foster comparative study, and curriculum. complemented with annotations and comparative overviews prepared by a Andrew Burrows is Professor of the Law of England in the University of multinational team. The whole Casebook is in English. Oxford. Hugh Beale is a Professor of Law at the University of Warwick. Bénédicte Oct 2018 9781509921034 960pp Pbk RSP: £34.99 Fauvarque-Cosson is Professor of Law at the Université Panthéon-Assas (Paris II). Jacobien Rutgers is Professor of European Private Law at the Vrije Universiteit (VU) Amsterdam. Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt. Nov 2018 9781509912575 1504pp Pbk RSP: £51.99 Unjust Enrichment James Edelman and Elise Bant Unjust enrichment is one of the least understood of the major branches of private THIRD EDITION law. This book builds on the 2006 work by the Contract Law same authors, which examined the developing An Introduction to the English Law law of unjust enrichment in Australia. The of Contract for the Civil Lawyer refinement of the authors' thinking, responding to novel issues and circumstances that have John Cartwright arisen in the maturing case law, has required This book gives an introduction to the English many chapters of the book to be completely law of contract. The third edition has been fully rewritten. The scope of the book is also much updated to cover recent developments in case broader. It concerns the principles of the law law and recent statutes such as the Consumer of unjust enrichment in Australia, New Zealand, England and Canada. Rights Act 2015. However, this new edition Major decisions of the highest courts of these jurisdictions in the last retains the primary focus of the earlier editions: decade provide a fertile basis for examining the underlying principles and it is designed to introduce the lawyer trained in foundations of this subject. The book uses the leading cases, particularly in a civil law jurisdiction to the method of reasoning in the common law, and England and Australia, to distil and explain the fundamental principles of in particular to the English law of contract. It is written for the lawyer — this branch of private law. The cases discussed are current as of 1 May 2016 whether student or practitioner — from another jurisdiction who already although the most recent could only be included in footnotes. has an understanding of a (different) law of contract, but who wishes to James Edelman, a Justice of the Federal Court of Australia and Adjunct discover the way in which an English lawyer views a contract. However, it is Professor at the University of Queensland, has previously been a Justice also useful for the English law student: setting English contract law generally of the Supreme Court of Western Australia and Professor of the Law of in the context of other European and international approaches, the book Obligations at the University of Oxford. forms an introductory text, not only demonstrating how English contract Elise Bant is Professor of Law at the University of Melbourne. law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. Aug 2016 9781841133188 480pp Pbk RSP: £34.99 After a general introduction to the common law system — how a common lawyer reasons and finds the law — the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems. John Cartwright is Professor of the Law of Contract at the University of Oxford and Director of the Oxford Law Faculty’s Institute of European and Comparative Law. Jun 2016 9781509902910 360pp Pbk RSP: £27.99

8

Textbook_Catalogue2018.indd 8 19/04/2018 11:07:28 Contract Law in Russia SECOND EDITION Maria Yefremova, Svetlana Yakovleva Fundamental Texts on and Jane Henderson European Private Law The book explains Russian contract law in a form Edited by Oliver Radley-Gardner, understandable to lawyers qualified in other Hugh Beale, Reinhard Zimmermann countries, especially common law countries. and Reiner Schulze The introduction gives a concise overview of the Russian legal system in general and contract Among the most significant legal developments law in particular as well as a brief insight into of our time is the emergence of a European the history of contract law in Russia. Then the private law. The European Union has enacted main concepts of Russian contract law are regulations and directives which profoundly explained, using the conceptual framework of affect the practice, teaching and study of core English contract law to make them accessible to areas of 'classical' private law. Within Europe, someone not familiar with the codified Russian system.The book not only commissions have formulated principles of European contract, tort, family considers the legislation regulating Russian contractual relations but also and insolvency law as well as aspects of commercial law. Furthermore, includes appropriate case law to show how the legislation is interpreted. The uniform private law can be found in a number of international conventions focus is on contract law in Russia as it actually operates, rather than merely and sets of principles. the legislative texts, so that it will be directly relevant to legal practitioners This second edition gathers together fundamental texts from these three and others who wish to acquire knowledge of the practical application of sources into one convenient volume. Its emphasis is on general civil and an important element of the Russian legal system, as well as those seeking commercial law, particularly on the obligations and property aspects of an insight into the realities of codified law in action. The target readership these. therefore includes legal practitioners who have to deal with Russian law, academics and students with an interest in Russian law, the law of contract This second edition is a sister volume to the original German edition, now and comparative civil law, as well as scholars of comparative legal systems in its 5th edition. and Russian area studies. Oliver Radley-Gardner is a barrister at Falcon Chambers, London. Maria Yefremova is currently Corporate Legal Counsel at Level 3 Hugh Beale is a Professor of Law at the University of Warwick, Senior Communications. Research Fellow at Harris Manchester College, Oxford and a former law Svetlana Yakovleva holds the position of Legal and Compliance Officer at commissioner for England and Wales. Allianz Global Assistance Russia. Reinhard Zimmermann is Director of the Max-Planck-Institut fuer Jane Henderson is Senior Lecturer in Law at the Dickson Poon School of auslaendisches und internationales Privatrecht in Hamburg. Law, King’s College London. Reiner Schulze is professor of German and European civil law at the Westfälische Wilhelms-Universität Münster, Germany. May 2014 9781849462990 326pp Pbk RSP: £29.99 Nov 2016 9781782258643 1652pp Pbk RSP: £80

Contract Law SEVENTH EDITION An Index and Digest of Hepple and Matthews' Tort Law Published Writings Cases and Materials Adam Kramer David Howarth, Martin Matthews, This is a new type of book. It provides an index Jonathan Morgan, Janet O'Sullivan, of the most useful and important academic and Stelios Tofaris and other writings on contract law, whether Edited by Consultant Editor: published in articles or journal chapters, or as Bob Hepple books. These writings, with their full citation, are gathered under familiar contract law subject- New to Hart Publishing, this is the seventh headings, and the most significant half of them edition of the classic casebook on tort, the first are digested in a summary of a few lines each. of its kind in the UK, and for many years now The book aims to cover all writings published in the English language about a bestselling and very popular text for students. This new edition retains the Common Law of contracts, and includes sections on contract theory all the features that have made it such a popular and respected text, with and the history of contract law, as well as sections for the more traditional extensive commentary, questions and notes supplementing the selection substantive topics (such as the interpretation of contracts, penalty clauses, of cases and statutes which form the core of the book. Taking a broadly remoteness of damage and anticipatory breach). contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable. This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving David Howarth, Professor of Law and Public Policy, University of readers time by familiarising them with the work that has already been Cambridge. Martin Matthews, Emeritus Fellow of University College, done in their particular fields. Oxford. Jonathan Morgan, Senior Lecturer in Law, . Janet O’Sullivan, Senior Lecturer in Law, University of Adam Kramer is a Barrister at 3 Verulam Buildings and former Lecturer in Cambridge. Stelios Tofaris, Lecturer in Law, University of Cambridge. Law at the Universities of Durham and Oxford. Sir Bob Hepple former Master of Clare College and Emeritus Professor of Jan 2010 9781841135748 250pp Pbk RSP: £49.99 Law, University of Cambridge. Nov 2015 9781849465557 1248pp Pbk RSP: £49.99

9

Textbook_Catalogue2018.indd 9 19/04/2018 11:07:29 Criminal Law & Criminology

SIXTH EDITION Debating Restorative Justice Simester and Sullivan's Chris Cunneen and Carolyn Hoyle Criminal Law Debating Law is a new, exciting series that Theory and Doctrine gives scholarly experts the opportunity to offer AP Simester, JR Spencer, F Stark, contrasting perspectives on significant topics of contemporary, general interest. GR Sullivan and GJ Virgo In this first volume of the series Carolyn Hoyle This is the new edition of the leading textbook argues that communities and the state should on criminal law by Professors Simester and be more restorative in responding to harms Sullivan, now co-written with Professors caused by crimes, antisocial behaviour and Spencer, Stark, and Virgo. Simester and Sullivan's other incivilities. She supports the exclusive Criminal Law is an outstanding account of use of restorative justice for many non-serious modern English criminal law, combining offences, and favours approaches that, by integrating restorative and detailed exposition and analysis of the law with a careful exploration of retributive philosophies, take restorative practices into the 'deep end' of its theoretical underpinnings. Primarily, it is written for undergraduate criminal justice. While acknowledging that restorative justice appears to students of criminal law and it has become the set text in many leading have much to offer in terms of criminal justice reform, Chris Cunneen offers universities. Additionally, the book is used as an important point of a different account, contending that the theoretical cogency of restorative reference in academic writing and postgraduate research in England and ideas is limited by their lack of a coherent analysis of social and political abroad. Simester and Sullivan's Criminal Law has been cited by appellate power. He goes on to argue that after several decades of experimentation, courts throughout the world. restorative justice has not produced significant change in the criminal The sixth edition is comprehensively updated throughout to set out and justice system and that the attempt to establish it as a feasible alternative analyse all key development in the field with the work’s trademark clarity to dominant practices of criminal justice has failed. This lively and valuable and critical rigour. debate will be of great interest to everyone interested in the criminal justice system. AP Simester is Provost’s Chair in Law at the National University of Singapore. JR Spencer QC is Professor Emeritus of Law at the University of Chris Cunneen is Professor of Criminology at the Cairns Institute, James Cambridge. Findlay Stark is University Lecturer in Law at the University of Cook University, Australia. Cambridge. GR Sullivan is Emeritus Professor of Law at University College, Carolyn Hoyle is Professor of Criminology and a Fellow of Green London. GJ Virgo is Professor of English Private Law at the University of Templeton College at the University of Oxford. Cambridge. Aug 2010 9781849460224 210pp Pbk RSP: £19.99 Sept 2016 9781849467223 1000pp Pbk RSP: £38.99

International Criminal Law Ilias Bantekas This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed. Ilias Bantekas is Professor of International Law at Brunel Law School and Head of International Law at Mourgelas & Associates Law Firm. Sept 2010 9781849460453 666pp Pbk RSP: £44.99

10

Textbook_Catalogue2018.indd 10 19/04/2018 11:07:29 Environmental Law

The Arctic in International SECOND EDITION Law and Policy The International Edited by Kristina Schönfeldt Law of the Sea The Arctic is an increasingly important region Donald R Rothwell and Tim Stephens faced with major challenges caused not only The law of the sea provides for the regulation, by the effects of climate change, but also by management and governance of the ocean a growing interest in its living and non-living spaces that cover over two-thirds of the Earth’s resources, its attraction as a new destination surface. This book provides a contemporary for tourism, and as a route for navigation. It is explanation of the foundational principles not only the eight Arctic States that have paid of the law of the sea, a critical overview of an increased level of attention to the region; the 1982 United Nations Convention on the several non-Arctic actors from Asia and Europe Law of the Sea and an analysis of subsequent also seek to gain more influence in the High developments including the many bilateral, regional and global agreements North. At the same time, the evolving law and policy architecture for the that supplement the Convention. Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty The second edition of this acclaimed text takes as its focus the rules and System governs international cooperation, the legal regime of Arctic affairs institutions established by the Convention on the Law of the Sea and places is based on public international law, domestic law, and ‘soft law’. These the achievements of the Convention in both historical and contemporary three pillars intersect and interact making Arctic governance multi-faceted context. All of the main areas of the law of the sea are addressed including and highly complex. the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, This book provides an analytical introduction, a chronology of legally the place of archipelagic and other special states in the law of the sea, relevant events, and a selection of essential materials covering a wide navigational rights and freedoms, military activities at sea, and marine range of issues-eg delineation and delimitation of maritime boundaries, resource and conservation issues such as fisheries, marine environmental environmental protection, indigenous peoples’ rights, shipping, and protection and dispute settlement. fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic As the Convention is now well over a quarter of a century old, the book correspondence. takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of Kristina Schönfeldt is a researcher and PhD student at the Institute for the sea are considered, including how new maritime security initiatives can Public International Law at the University of Bonn. be reconciled with traditional navigational rights and freedoms, and the Aug 2017 9781509915767 1680pp Pbk RSP: £74.99 need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification. Donald R Rothwell is Professor of International Law at the Australian National University, Canberra. Tim Stephens is Professor of International Law and Australian Research Antarctica in International Law Council Future Fellow at the University of Sydney. Edited by Ben Saul and Tim Stephens Feb 2016 9781782256847 608pp Pbk RSP: £44.99 Antarctica, one of the world’s last great wildernesses, presents special challenges for international law. Fears that Antarctica would become a front in the Cold War catalysed agreement on the 1959 Antarctic Treaty which neither legitimised nor challenged the SECOND EDITION existing sovereign claims to the continent. The unique Antarctic Treaty System has provided EU Environmental Law, the foundation for peaceful, harmonious and Governance and effective governance. There are, however, new anxieties about the frozen continent and the Decision-Making Southern Ocean. Antarctica already feels the effects of climate change Maria Lee and ocean acidification. Claimant states assert rights to the Antarctic A vast and diverse body of EU law addresses continental shelf and interest in Antarctic resources grows. Tourism brings an enormous range of environmental matters. new environmental and safety risks. China and other powers are increasing This book examines a number of areas of their activities, with some questioning the consensus of the ‘Antarctic substantive EU environmental law, focusing on club’. Security concerns are increasingly discussed, despite Antarctica’s the striking preoccupation of EU environmental dedication to peaceful purposes. This book brings together the main law with the structure of decision-making. It primary international materials concerning the regulation and governance highlights the observation that environmental of Antarctica, including multilateral and bilateral treaties, United Nations protection and environmental decision-making depend intimately on both materials, ‘soft laws’ and judicial decisions. It covers the spectrum of detailed, specialised information about the physical state of the world, Antarctic issues from environmental protection to scientific cooperation and on political judgments about values and priorities. It also explores the to tourism. As it shows, Antarctic law has constantly adapted to meet elaborate mechanisms that attempt to bring these distinctive decision- new challenges and is a sophisticated, inclusive, dynamic and responsive making resources into EU environmental law in areas including industrial regime. pollution, chemicals regulation, environmental assessment and climate Ben Saul and Tim Stephens are both Professors of International Law at the change. University of Sydney. Maria Lee is Professor of Law at University College London where she Mar 2015 9781849467315 1136pp Pbk RSP: £54.99 teaches and researches EU Environmental Law. Mar 2014 9781849464215 300pp Pbk RSP: £27.99

11

Textbook_Catalogue2018.indd 11 19/04/2018 11:07:29 International Environmental Law Ulrich Beyerlin and Thilo Marauhn International Environmental Law is a new textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide a fresh understanding of international environmental law as a whole, seen in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place international environmental law in the broader context of public international law in general, revealing at the same time that international environmental law is experimental ground for developing new legal approaches towards global governance. To this end, the authors have combined theory and practice. This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations. Ulrich Beyerlin was Professor of Public Law and International Law at the Max Planck Institute for Comparative Public Law and International Law and at the University of Heidelberg. Thilo Marauhn is Professor of Public Law, International and European Law at the University of Gießen, Germany. Aug 2011 9781841139241 488pp Pbk RSP: £41.99 New edition forthcoming in 2019

European Law

THIRD EDITION Cases, Materials and Text on EU Constitutional Law European Law and Private Law An Introduction Edited by Arthur Hartkamp, Carla Allan Rosas and Lorna Armati Sieburgh & Wouter Devroe The third edition of this acclaimed book This Casebook deals with the horizontal continues the story of the EU’s constitutional effects of EU law, which is to say its effects on journey. The EU’s constitution, composed of relationships between individuals. To a large myriad legal texts, case law and practice, is extent, these effects have been created by the no less of a moving target than before and Court of Justice of the European Union (CJEU) the pace of change has, if anything, increased on the basis of the European Treaties. The main since the publication of the second edition. In a focus of the Casebook is on the developments constantly challenging geopolitical context, the relating to primary EU law and their influence on EU faces unprecedented political, economic and cultural trials, all of which national private law. It studies instances where EU primary law has already impact upon the evolution of its constitution. In particular, the migration directly or indirectly influenced the case law in the Member States, or where crisis has given rise to the need for substantial revision of the chapter it is expected to do so soon. Compared to the well-known impact of EU dealing with the area of freedom, security and justice, and the institutional directives on private law, these developments concerning primary EU law reforms embarked upon in the quest to restore financial order have taken a are hardly noted by private lawyers and perhaps not sufficiently explained more structured form following the inception of a European banking union. by scholars of EU law. Therefore the book makes an important contribution Fully updated to include the ramifications of Brexit, the book succeeds to scholarship and education. – where others have struggled – in making sense of the EU’s complex This book highlights developments in the areas of competition law, constitutional order, focusing on its essential features but taking into fundamental freedoms, non-discrimination, general principles of EU law, ex account the profound changes that have taken place over the past 20 years. officio application of provisions of EU law and implementation of directives, The EU has become much more than an internal economic market. Recently including harmonious interpretation and Francovich liability. it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, In its analysis of the ways in which EU law interacts with private law, the and penal law and procedure, and the work towards creating a European book will be an invaluable resource to students. banking union underlines the continued need to monitor economic and Arthur Hartkamp is Professor of European Private Law at Radboud University fiscal policy. Nijmegen. Carla Sieburgh is Professor of Private Law at Radboud University Allan Rosas has been a judge at the European Court of Justice since Nijmegen. Wouter Devroe is Professor of EU and Economic Law at KU Leuven. January 2002. Lorna Armati has been a Member of the Legal Service of Mar 2017 9781509911875 528pp Pbk RSP: £40 the European Commission since September 2010. May 2018 9781509909148 368pp Pbk RSP: £25.99

12

Textbook_Catalogue2018.indd 12 19/04/2018 11:07:29 SIXTH EDITION Wyatt and Dashwood's European Union Law Alan Dashwood, Michael Dougan, Barry Rodger, Eleanor Spaventa and Derrick Wyatt First published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. Alan Dashwood CBE QC is Emeritus Professor of European Law and Fellow of Sidney Sussex College, Cambridge. Michael Dougan is Dean of the Liverpool Law School and Professor of European Law at the University of Liverpool. Barry Rodger is Professor of Law at the University of Strathclyde. Eleanor Spaventa is Professor of EU Law at Durham University. Derrick Wyatt QC is Emeritus Professor of Law and Fellow of St Edmund Hall, Oxford. Jun 2011 9781849461269 1112pp Pbk RSP: £47.99

Family Law

THIRD EDITION Ideas and Debates in Family Law Family Law, Gender and the State Rob George Text, Cases and Materials Ideas and Debates in Family Law is written for Alison Diduck and Felicity Kaganas family law students, at undergraduate level and beyond, who are looking for less orthodox ideas The third edition of this work on family law, about family law. The book's first section looks comprising text, cases and materials, provides at themes in family law, addressing challenges not only an explication of legal principle facing the family justice system, rights and but also explores, primarily from a feminist responsibilities, and the internationalisation of perspective, some of the assumptions the law regulating families. The second section is about, and constructions of, gender, sexual focused on adult relationships: it suggests new orientation, class and culture that underlie the ways for the law to allocate legal consequences law. It examines the ideology of the family and, for families, debates the consequences of the in particular, the role of the law in contributing to and reproducing that 'contractualisation' of marriage, and explores the value of 'fairness' in ideology. Structured around the themes of equality, welfare, and family family finances. The third section is about children, discussing the welfare privacy, the book aims to offer the benefits of a textbook while also giving principle, parental responsibility and practical parenting. Although these students a wide-ranging set of materials for classroom discussion. As well issues sound common enough in a family law book, the discussions found as providing a firm grounding in family law, the text sets the law in its social here are far from common. Useful by itself or alongside a textbook, Ideas and historical context and encourages a critical approach by students to the and Debates in Family Law offers new and thought-provoking perspectives subject. It provides an ideal introduction to family law for undergraduates, on family law issues. but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical Rob George is a British Academy Postdoctoral Research Fellow at framework rich in ideas and arguments. University College, Oxford. Alison Diduck is Professor of Law at University College London. Aug 2012 9781849462549 178pp Pbk RSP: £21.99 Felicity Kaganas is a Reader in Law at Brunel University. Feb 2012 9781849461498 870pp Pbk RSP: £49.99

13

Textbook_Catalogue2018.indd 13 19/04/2018 11:07:29 Gender & the Law

Feminist Judgments From Theory to Practice Edited by Rosemary Hunter, Clare McGlynn and Erika Rackley While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. Rosemary Hunter is Professor of Law and Socio-Legal Studies at Queen Mary University of London. Clare McGlynn is a Professor at Durham University. Erika Rackley is a Professor of Law at the . Sept 2010 9781849460538 504pp Pbk RSP: £31.99

General Law

THIRD EDITION Common Law Legal English Law in Northern Ireland and Grammar Brice Dickson A Contextual Approach Law in Northern Ireland is the essential textbook Alison Riley and Patricia Sours for all students of Northern Ireland’s legal sys- This course book focuses on words, the tem. Changes to his new edition – some of them language of the law - legal terms, expressions, substantial – have been made to every section, and grammar - introduced systematically with taking full account of five years of developments. relevant aspects of the law, and examined in The book explores the evolution of law-making context through analytical reading activities in Northern Ireland before going on to explain based on original legal texts selected for the relevant constitutional arrangements, how their interest and importance in different to identify and interpret applicable sources of branches of the common law system. This book law, and what are the fundamental rules and explores constitutional law, criminal law, tort, principles of public law, criminal law and private law, highlighting where and contract; yet includes international legal contexts, with a particular appropriate what may be unusual about them. It contextualises the myriad focus on human rights and European law. The presentation of legal of legal institutions operating in the jurisdiction, sets out how criminal and concepts and terminology in context in each chapter is graded so that civil proceedings work in practice and provides useful information on how the course progresses, building on the vocabulary and law encountered people become lawyers, what lawyers actually do once they become qual- in earlier chapters. Each chapter, organized thematically, includes a series ified and how the legal system is funded. Appendices set out some sample of activities - tasks - to complete, yet the book does not presuppose sources of law so that readers can familiarise themselves with what is in- previous knowledge of legal English or of the common law: full answer volved in handling legal documents. The language throughout is accessible keys and reflective commentary on both legal and linguistic aspects and there are Tables of Cases and Legislation, as well as a comprehensive are given and sections marked 'Advanced' offer especially challenging index, to help readers locate what they need in the text. materials. Consolidation sections are designed to test students' global Brice Dickson is Professor of International and Comparative Human Rights comprehension of the legal texts analysed, including precise usage of Law at Queen’s University, Belfast. legal vocabulary in context, with solutions. The book is addressed to the non-native speaker of English, and in particular, intermediate to advanced Jun 2018 9781509919260 446pp Pbk RSP: £37.99 students who are studying law, or academics with a professional interest in Anglo-American law. Practising lawyers will also find that the book offers valuable analysis of the language of legal documents. Alison Riley is Lecturer in Legal English at the University of Ferrara. Patricia Sours is Lecturer in Legal English at the University of Padua. 14 Jun 2014 9781849465762 528pp Pbk RSP: £29.99

Textbook_Catalogue2018.indd 14 19/04/2018 11:07:29 Research Methodologies in EU Getting a PhD in Law and International Law Caroline Morris and Cian Murphy Robert Cryer, Tamara Hervey and Bal Getting a PhD in Law is a unique guide to Sokhi-Bulley, with Alexandra Bohm obtaining the degree of Doctor of Philosophy of Law in the UK. While there is a wide range Law research students often begin their PhDs of study guides for PhD students in the social without having an awareness of methodology, sciences and other science-based disciplines, or the opportunity to think about the practice there is very little information available on the of research and its theoretical implications. Law process of obtaining a PhD in law. Research Schools are, however, increasingly alive to the degrees in law share some attributes with those need to provide training in research methods in related disciplines such as the humanities and to their students. They are also alive to the need social sciences. However, legal methodology and to develop the research capacities of their early the place of the PhD in law in the young lawyer’s career scholars, not least for the Research Excellence Framework exercise. career create unique challenges that have not This book offers a structured approach to doing so, focusing on issues of been addressed by existing guides. methodology - ie, the theoretical elements of research - within the context of EU and international law. Getting a PhD in Law fills this clear gap in the market, providing an accessible guide to the PhD process from topic selection to thesis publication. This The basic aim of the book is to help scholars in EU and international law readable and informative guide draws on interviews and case studies reflect on their research: where does it fit within the discipline, what kinds of with PhD students, supervisors and examiners. Getting a PhD in Law will research questions they think interesting, how do they pursue them, what be essential reading for the growing numbers of PhD students in the UK’s theoretical perspective best supports their way of thinking their project, many law schools—and those internationally who wish to learn from UK and so on. The book is aimed both at PhD students and early career scholars best practice. in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as Caroline Morris is a Lecturer in Law at Queen Mary, University of London. supervising research projects. Cian Murphy is a Lecturer in Law and the Director of Graduate Research Studies at the School of Law, King's College London. Robert Cryer is Professor of International and Criminal Law, University of Birmingham. Tamara Hervey is Jean Monnet Professor of European Union Sept 2011 9781841133065 160pp Pbk RSP: £22.99 Law at the University of Sheffield.Bal Sokhi-Bulley is Senior Lecturer in Law and Critical Theory at the University of Sussex. Alexandra Bohm is a PhD candidate at the University of Sheffield. Apr 2011 9781841132358 144pp Pbk RSP: £27.99

Human Rights Law

Strategic Human SECOND EDITION Rights Litigation Human Rights Law Understanding and Merris Amos Maximising Impact In this completely revised and updated Helen Duffy second edition of Human Rights Law, the judicial interpretation and application of the Strategic human rights litigation (SHRL) is a United Kingdom's Human Rights Act 1998 is growing area of international practice yet one comprehensively examined and analysed. Part that remains relatively under-explored. Around I concerns key procedural issues including: the globe, advocates increasingly resort to the background to the Act; the relationship national, regional and international courts and between UK courts and the European Court bodies ‘strategically’ – to protect and advance of Human Rights; the definition of victim and human rights in a way that has a positive public authority; determining incompatibility impact beyond the particular outcome of the case, or the parties to the including deference and proportionality; the impact of the Act on primary litigation. This book provides a framework for understanding SHRL and its legislation; and damages and other remedies for the violation of Convention impact, alongside its limitations and the many tensions and challenges it rights. In Part II of the book, the Convention rights as interpreted and gives rise to. It suggests a reframing of how we view impact in its multiple applied by United Kingdom courts, are discussed in detail. All important dimensions, positive and potentially negative. Five detailed case studies, Convention rights are included with a new chapter on freedom of thought, drawn predominantly from the author’s own experience, explore litigation conscience and religion. Other Convention rights considered in the national in a broad range of contexts (genocide in Guatemala; slavery in Niger; context include: the right to life; freedom from torture; the right to liberty; forced disappearance in Argentina; torture and detention in the ‘war on fair trial; the right to private life, family life and home; the right to peaceful terror’; Palestinian land rights) to surface the complexity of the role of SHRL enjoyment of possessions; and the right to freedom from discrimination in the real world. The book considers the implications of the impact analysis in the enjoyment of Convention rights. The second edition of Human for the development of effective litigation strategies in the future. Rights Law will be invaluable for those teaching, studying and practising Helen Duffy is a human rights litigator and runs ‘Human Rights in Practice.’ in the areas of United Kingdom human rights law, constitutional law and She is also Professor of International Humanitarian and Human Rights Law administrative law. at the University of Leiden. Merris Amos is a member of the Department of Law, Queen Mary, Jul 2018 9781509921973 288pp Hbk RSP: £25 University of London. She has many years of experience in researching and teaching human rights law and has published widely in the area. Her particular area of expertise is the United Kingdom's Human Rights Act. Jul 2014 9781849463805 793pp Pbk RSP: £41.99

15

Textbook_Catalogue2018.indd 15 19/04/2018 11:07:30 Human Rights in Debating Social Rights Northern Ireland Conor Gearty and The Committee on the Virginia Mantouvalou Administration of Justice Handbook Debating Law is a new series that gives Edited by Brice Dickson scholarly experts the opportunity to offer and Brian Gormally contrasting perspectives on significant topics of contemporary, general interest. This Handbook is the latest version of a book In this second volume of the series, Conor that was last published in 2003, and has been Gearty argues that for rights to work effectively completely revised to take account of the in the wider promotion of social justice, they innumerable legal developments since then. need to be kept as far away as possible from The book contains 26 chapters on topics ranging the courts. He acknowledges the value of across the full spectrum of civil, political, social, rights language in legal and political debate economic and environmental rights, with particular emphasis on the right and accepts that human rights are not solely civil and political, with social not to be discriminated against. It is currently the most comprehensive and rights language clearly having a progressive, emancipatory dimension. practical publication on the state of human rights in Northern Ireland. This is However he says that lawyers — even well-intentioned lawyers — damage a part of the world where, as well as ongoing issues arising out of the conflict the achievability of the kind of radical transformation in the priorities (‘emergency laws’ are still in place, for example), there are familiar questions of states that a genuine commitment to social rights surely necessitates. concerning the rights of people with poor mental health, the law relating to Virginia Mantouvalou argues that social rights, defined as entitlements family and sexual matters, children’s rights, education rights, employment to the satisfaction of basic needs, are as essential for the well-being of rights, housing rights, and social security rights. The contributors to the the individual and the community as long-established civil and political book are all experts in their field, most of them with years of experience as rights. The real challenge, she suggests, is how best to give effect to social human rights activists and advisers. The book provides precise information rights. Drawing on examples from around the world, she argues for their about relevant legislation and case law (on which there are tables) and is 'legalisation', and examines the role of courts and the role of legislatures in fully indexed. this process, both at a national and a international level. Brice Dickson is Professor of International and Comparative Human Rights Conor Gearty is Professor of Human Rights Law at the London School of Law at Queen’s University, Belfast. Economics and Political Science. Virginia Mantouvalou is a Reader in Brian Gormally is Director of the Committee on the Administration of Human Rights and Labour Law, and Co-Director of the Institute for Human Justice in Belfast. Rights at University College London (UCL). Feb 2015 9781849466158 736pp Pbk RSP: £24.99 Dec 2010 9781849460231 201pp Pbk RSP: £19.99

Insurance Law

THIRD EDITION Insurance Law Doctrines and Principles John Lowry, Philip Rawlings and Robert Merkin The third edition of Insurance Law: Doctrines and Principles follows the widely acclaimed first and second editions. It provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed with the needs of undergraduate and postgraduate students in mind. The text is enhanced by extensive citations to case law and academic commentaries, making the book ideal for students, scholars and practitioners alike. This new edition reflects the many changes that have occurred in the law of insurance since the second edition was published in 2005. The book is divided into two parts. Part I considers the regulation of insurance business and the general principles underlying the law of insurance contracts. Part II examines the way in which these principles are shaped by the particular insurance context in which they operate. The book is readable and authoritative, with a sound grasp of the realities of insurance practice; it is well sourced and generous with supplementary points. John Lowry is Professor of Commercial Law at UCL and Honorary Fellow of Monash University. Philip Rawlings is The Roy Goode Professor of Commercial Law at the Centre for Commercial Law Studies, Queen Mary, University of London. Robert Merkin is Lloyd's Law Reports Professor of Commercial Law at the University of Southampton; Consultant at Norton Rose Group; President of the British Insurance Law Association; and Vice President of the International Association of Insurance Law (AIDA). Sept 2011 9781849462013 618pp Pbk RSP: £45

16

Textbook_Catalogue2018.indd 16 19/04/2018 11:07:30 Intellectual Property Law

Guidebook to Intellectual Property Sir Robin Jacob, Daniel Alexander QC and Matthew Fisher This is a unique book about Intellectual Property. It is aimed not only at law students studying the subject but also at interested users of IP - business people, inventors, scientists, designers and the like. It provides an outline of the basic legal principles which underpin and reguilate the subject, educatuing the reader as to the shape of the law. However, critically, it also gives insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with Intellectual Property. To achieve its object the authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner. The authors try wherever possible to be both serious and light-hearted at the same time. All major areas of IP - patents, trade marks, copyright and designs - are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases. Sir Robin Jacob is currently the Hugh Laddie Professor of Intellectual Property Law at University College London. Daniel Alexander QC is a barrister at 8 New Square Chambers. Matthew Fisher is a Senior Lecturer at University College London. Sept 2013 9781849463256 270pp Pbk RSP: £24.99

International Economic & Trade Law

THIRD EDITION THIRD EDITION World Trade Law International Sales Law Text, Materials and Commentary A Guide to the CISG Simon Lester, Bryan Mercurio Ingeborg Schwenzer, Christiana and Arwel Davies Fountoulakis and Mariel Dimsey This third edition of one of the leading This is the third edition of the casebook textbooks on world trade law offers what is, providing an article-by-article analysis of the in a number of ways, a unique perspective on CISG Convention. Offering a fully updated this important subject. Combining the best range of materials, this casebook is an aspects of both casebook and treatise, this excellent starting point for learning about the comprehensive textbook provides detailed Convention and will be particularly useful for explanations and analysis of the law to help international trade lawyers, practitioners and understand the issues as well as case extracts to offer a flavour of the students. The commentary on each article is accompanied by extracts judicial reasoning of trade adjudicators. Moreover, the book is truly global from cases and associated comparative materials, as well as references to in outlook, being equally useful for students of international trade law in important trade usages such as the INCOTERMS® 2010. The book features the UK, Europe, the US, Asia and elsewhere around the world. an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and This updated edition includes in-depth discussions of the most recent the relevant questions arising from it. The case extracts are accompanied developments in international trade jurisprudence, setting out important by a comprehensive overview of parallel provisions in other international precedents that help establish the boundaries between global trade rules instruments, uniform projects and domestic laws. and domestic national autonomy. In this era, when political developments place even more importance on international trade, it will be essential The analyses, cases, texts and questions are intended to aid readers in their reading for all students, scholars and practitioners in the field. comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions Simon Lester is President of WorldTradeLaw.net LLC and Trade Policy and to provoke careful consideration of possible solutions. Analyst, Cato Institute. Bryan Mercurio is Professor of Law and Associate Dean (Research) at The Chinese University of Hong Kong. Arwel Davies is Ingeborg Schwenzer is Professor emerita of Private Law at the University Associate Professor at the Hillary Rodham Clinton School of Law, Swansea of Basel, Switzerland. Christiana Fountoulakis is Professor of Private University. Law and European Private Law at the University of Fribourg, Switzerland. Mariel Dimsey is an arbitration and international sales law specialist and is Feb 2018 9781509915965 1008pp Pbk RSP: £49.99 currently based in Hong Kong. Mar 2019 9781509919628 848pp Pbk RSP: £49.99

17

Textbook_Catalogue2018.indd 17 19/04/2018 11:07:30 International Investment Law

SECOND EDITION THIRD EDITION Basic Documents on International Investment Law International Investment Reconciling Policy and Principle Protection Surya P Subedi Martins Paparinskis The third edition of this acclaimed scholarly book offers an up-to-date, critical overview of The increase in the number and complexity the law of foreign investment, incorporating a of investor-State treaty arbitrations in the thorough and succinct analysis of the principles last decade has attracted considerable and standards of treatment available to foreign attention from practitioners and academics investors in international law. It is authoritative of international investment protection law. and multilayered, offering an analysis of the key Rules aimed at regulating the protection of issues and an insightful assessment of recent foreign investment have been expressed in a trends in the case law, from both developed decentralised manner, making a clear and comprehensive overview of the and developing country perspectives. A major feature of the book is that topic important. This volume focuses on the relevant documents and aims it deals with the tension between the law of foreign investment and other to provide an exhaustive treatment of relevant procedural and substantive competing principles of international law. In doing so, it proposes ways of issues. It includes documents explaining the historical development of achieving a balance between these principles and the need to protect the investment law, substantive investment rules (multilateral and bilateral legitimate rights and expectations of foreign investors on the one hand, and treaties and model documents, and general rules on the law of treaties the need not to restrict unduly the right of host governments to implement and responsibility) and procedural investment rules (relating to the arbitral their public policy, including the protection of the environment and human process in different fora, immunity, recognition and enforcement). rights, and the promotion of social and economic justice within the host The new edition of this highly regarded book is aimed at teachers, students country, on the other. and practitioners in the area. It can be used both as a practitioners’ Surya P Subedi is Professor of International Law at the University of Leeds handbook and as a classroom companion for courses on international and Barrister at Tanfield Chambers in London. dispute settlement and investment protection law. May 2016 9781509903016 344pp Pbk RSP: £39.99 Dr Martins Paparinskis is Reader in Public International Law at University College London. Dec 2018 9781509907854 864pp Pbk RSP: £65

IT & Technology Law

Law, Policy and the Internet Edited by Lilian Edwards This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up to date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last twenty years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. The book will focus on three key areas; e-commerce, including the role and responsibilities of online intermediaries such as Amazon, Google, and Facebook; privacy and data protection and crime online. Lilian Edwards is Professor of E-Governance at the University of Strathclyde Law School. Sept 2018 9781849467032 448pp Pbk RSP: £35.99

18

Textbook_Catalogue2018.indd 18 19/04/2018 11:07:30 Labour & Discrimination Law

SECOND EDITION SIXTH EDITION Equality Labour Law The Legal Framework Simon Deakin and Gillian S Morris Bob Hepple Labour law is a highly dynamic and complex The second edition of this widely-acclaimed field which can be properly understood only book about the Equality Act 2010 by one of in its broader international and historical its leading architects brings forward the story context. Deakin and Morris: Labour Law, a work of how and why this historic legislation was increasingly cited as authoritative in the higher enacted and what it means, to cover the first appellate courts, provides a comprehensive four years of its implementation by the Coalition analysis of current British labour law which Government and in the courts. This includes an explains the role of different legal sources, assessment of amendments to the legislation, as well as social and economic policy, in its the reduction in the powers and budget of the development. It thus enables readers to obtain Equality and Human Rights Commission and the imposition of tribunal a deeper insight into likely future, as well as past, changes in the law. fees, as well as a discussion of possible future directions of equality law and The new edition, while following the broad pattern of previous editions, policy. highlights important new developments in the areas of the contract of employment, discipline and dismissal, equality law, EU law, employee From the Foreword to the first edition by Lord Lester of Herne Hill QC representation, human rights, 'work-life balance' policies, trade union law 'This is no ordinary law book, and its author is no ordinary lawyer. The and industrial action law. book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights The book examines in detail the law governing individual employment and equal treatment without direct or indirect discrimination. It places relations, with chapters covering the definition of the employment the law in its political, economic and social context and traces its often relationship; the sources and regulation of terms and conditions of contested and controversial legal history…'. employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective Sir Bob Hepple QC, FBA was Emeritus Master of Clare College and Emeritus labour law - the forms of collective organisation, freedom of association, Professor of Law in the University of Cambridge. employee representation, internal trade union government, and the law Oct 2014 9781849466394 290pp Pbk RSP: £29.99 relating to industrial action. Simon Deakin is Professor of Law and Fellow of Peterhouse, University of Cambridge. Gillian S Morris is a barrister at Matrix Chambers and Honorary Professor, Warwick Business School, University of Warwick. Aug 2012 9781849463416 1360pp Pbk RSP: £49.99

Law & Humanities

Law and Justice on SECOND EDITION the Small Screen Film and the Law Edited by Peter Robson The Cinema of Justice and Jessica Silbey Steve Greenfield, Guy Osborn This is a wide-ranging collection of essays and Peter Robson about law in and on television. In light of the Described by Richard Sherwin of New York book's innovative taxonomy of the field and Law School as the law and film movement's its international reach, it will make a novel 'founding text', this text is a second, heavily contribution to the scholarly literature about revised and improved edition of the original law and popular culture. Television shows from Film and the Law (Cavendish Publishing, 2001). France, Canada, the United Kingdom, Germany, The book is distinctive in a number of ways: it is Spain and the United States are discussed. The unique as a sustained book-length exposition on essays are organised into three sections: (1) law and film by law scholars; it is distinctive within law and film scholarship methodological questions regarding the analysis of law and popular culture in its attempt to plot the parameters of a distinctive genre of law films; its on television; (2) a focus on genre studies within television programming examination of law in film as place and space offers a new way out of the (including a subsection on reality television), and (3) content analysis of law film genre problem, and also offers an examination of representations individual television shows with attention to big-picture jurisprudential of an aspect of legal practice, and legal institutions, that have not been questions of law's efficacy and the promise of justice. The book's content is addressed by other scholars. It is original in its contribution to work within organised to make it appropriate for undergraduate and graduate classes the wider parameters of law and popular culture and offers a sustained in the following areas: media studies, law and culture, socio-legal studies, challenge to traditional legal scholarship, amply demonstrating the comparative law, jurisprudence, the law of lawyering, alternative dispute practical and the pedagogic, as well as the moral and political significance resolution and criminal law. of popular cultural representations of law. Peter Robson is a Professor of Law at the University of Strathclyde. The book is a valuable teaching and learning resource, and is the first in the Jessica Silbey is Professor of Law at Suffolk University Law School, Boston, field to serve as a basic guidebook for students of law and film. Massachusetts. Steve Greenfieldis a senior academic in law and Guy Osborn is Professor Aug 2012 9781849462693 488pp Pbk RSP: £43.99 of Law, both at the University of Westminster. Peter Robson is a Professor of Law at the University of Strathclyde. Oct 2010 9781841137254 358pp Pbk RSP: £43.99 19

Textbook_Catalogue2018.indd 19 19/04/2018 11:07:30 Legal Ethics

Lawyers’ Ethics and THIRD EDITION Professional Responsibility The Ethics and Conduct of Andrew Boon Lawyers in England and Wales This book aims to produce lawyers who can Andrew Boon debate, criticise and change professional ethics This is the third edition of the leading textbook as well as understand their underlying rationale. on legal ethics and the regulation of the legal Written by the author of the leading work on profession in England and Wales. As such it the subject, The Ethics and Conduct of Lawyers maps the complex regulatory environment in in England and Wales, this book is aimed at which the legal profession in England and Wales the undergraduate or postgraduate student now operates. It opens with a critical overview taking a half or full course in the subject. The of professional ideals, organisation, power and book is divided into four parts dealing with culture and an examination of the mechanisms the professional and regulatory framework for of professions, exercised through governance, regulation, discipline and delivering legal services, the obligations owed to clients, wider duties and education. The core of the book explores the conflict between duties owed responsibilities and practice settings. It sets out the important background to clients (loyalty and confidentiality) and wider duties (to the profession, to the modern practice of law, and explains the theoretical underpinning third parties and society). The final part applies lawyers’ ethics to dispute of professional ethics and its everyday application through conduct rules resolution and settlement (litigation, negotiation, advocacy and alternative and principles. Extracts from legislation, cases and conduct rules are dispute settlement). Now laid out in a more accessible format and written provided, and comparative issues are considered where relevant. The book in a more approachable style, the book is ideal reading for those teaching is also interactive, raising issues and posing questions that will encourage and learning in the field of legal ethics. students to engage with the material as they read, which will also be helpful for classroom discussion. Andrew Boon is Professor of Law at the City Law School, City University London. Andrew Boon is Professor of Law at the City Law School, City University London. Nov 2014 9781849466691 836pp Pbk RSP: £41.99 Aug 2015 9781849467841 464pp Pbk RSP: £34.99

Legal Philosophy

SECOND EDITION Modern Jurisprudence A Philosophical Guide Sean Coyle The second edition of this book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories as well as highlighting principal themes such as legality and justice. Together with new material, the second edition explores the historical developments and ideas that give modern thinking its distinctive shape. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject. Sean Coyle is Professor of Jurisprudence at the University of Birmingham. Aug 2017 9781509905614 288pp Pbk RSP: £23.99

20

Textbook_Catalogue2018.indd 20 19/04/2018 11:07:30 Media Law

Media Law Jacob Rowbottom Media law is a fast-developing area of scholarship that raises many high-profile and controversial issues. Recent issues include the use of privacy injunctions in the digital era, the regulation of the press after the Leveson Report, the political power of media moguls, the mass leaks of government information and the impact on national security, and the responsibility of the digital media to prevent the spread of harmful content posted by others. This book looks at these issues and other themes and debates in media law. The book includes chapters examining the protection of personal rights of reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of the digital media. The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of the media law in the digital era. It is essential reading for students and scholars of medial law alike. Jacob Rowbottom is an Associate Professor at the Faculty of Law, University of Oxford and a Fellow of University College, Oxford. Jul 2018 9781782256656 376pp Pbk RSP: £34.99

Medical Law & Ethics

Debating Euthanasia Emily Jackson and John Keown In this new addition to the Debating Law'series, Emily Jackson and John Keown re-examine the legal and ethical aspects of the euthanasia debate. Emily Jackson argues that we owe it to everyone in society to do all that we can to ensure that they experience a 'good death'. For a small minority of patients who experience intolerable and unrelievable suffering, this may mean helping them to have an assisted death. In a liberal society, where people's moral views differ, we should not force individuals to experience deaths they find intolerable. This is not an argument in favour of dying. On the contrary, Jackson argues that legalisation could extend and enhance the lives of people whose present fear of the dying process causes them overwhelming distress. John Keown argues that voluntary euthanasia and physician-assisted suicide are gravely unethical and he defends their continued prohibition by law. He analyses the main arguments for relaxation of the law - including those which invoke the experience of jurisdictions which permit these practices - and finds them wanting. Relaxing the law would, he concludes, be both wrong in principle and dangerous in practice, not least for the dying, the disabled and the disadvantaged. Emily Jackson is a Professor of Law at the London School of Economics. John Keown holds the Rose F Kennedy Chair in Christian Ethics at the Kennedy Institute of Ethics at Georgetown University. Formerly, he taught the law and ethics of medicine in the Faculty of Law at Cambridge, where he was a Fellow of Queens' College and of Churchill College

Dec 2011 9781849461788 200pp Pbk RSP: £19.99

21

Textbook_Catalogue2018.indd 21 19/04/2018 11:07:31 Private International Law

SECOND EDITION Statutes on the Conflict of Laws European Private Edited by Martin George International Law and Andrew Dickinson Geert van Calster Statutes on the Conflict of Laws provides students with the principal, current EU and UK As one of the most definitive texts on the legislation encountered in the study of private market, European Private International Law international law in one clear and easy-to- provides an essential guide for both students use volume. The legislation is not annotated, and practitioners to the complex field of enabling the book to be used in examinations. international litigation within the EU. The It has been structured and designed so that private international law of the Member students can find the material they need States is increasingly regulated by European quickly and efficiently, with a table of contents law, making private international law ever organised chronologically by source type, and less ‘national’ and ever more EU based. alphabetical index. Consequentially EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing Martin George is a Senior Lecturer in Law at the School of Law, University importance to practising lawyers. This book provides a thorough overview of Leicester. of core European private international law, including the Brussels I, Rome Andrew Dickinson is a Fellow at St Catherine’s College and a Professor of I and Rome II Regulations (jurisdiction, applicable law for contracts Law at the University of Oxford. and tort), while additional chapters deal with the recently adopted Succession Regulation, private international law and insolvency, freedom Sept 2015 9781849463430 768pp Pbk RSP: £24.99 of establishment, and the impact of PIL on corporate social responsibility. Geert Van Calster is Professor and Head of the Department of International and European Law at KU Leuven. He holds visiting positions at King’s College London, Monash University and CESL, Beijing. Apr 2016 9781849466721 576pp Pbk RSP: £35

Cases and Materials on EU Private International Law Stefania Bariatti Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day- to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments. Stefania Bariatti is professor of Private International Law at the Università degli Studi di Milano. Apr 2011 9781849460279 1370pp Pbk RSP: £51.99

22

Textbook_Catalogue2018.indd 22 19/04/2018 11:07:31 Property Law

Cases, Materials and Text FOURTH EDITION on Property Law An Introduction to Land Law Edited by Sjef van Erp Simon Gardner and Emily MacKenzie and Bram Akkermans Gardner and MacKenzie’s An Introduction This casebook presents a deep comparative to Land Law has been widely acclaimed by analysis of property law systems in Europe (ie students and teachers for the distinctively the law of immovables, movables and claims), informative and stimulating way in which it offering signposts and stepping stones for the addresses this challenging subject. reader wishing to explore this fascinating area. Concise and highly readable, it covers the main The subject matter is explained with careful points of land law found in the syllabuses of attention given to its history, foundations, law schools in England and Wales. While not thought-patterns, underlying principles and intended as a comprehensive textbook, it basic concepts. provides both sufficient detail, and especially The casebook focuses on uncovering differences and similarities between the illuminating overview needed, for a real understanding, and many Europe's major legal systems: French, German, Dutch and English law are pointers for those seeking more. examined, while Austrian and Belgian law are also touched upon. The book Most of all, it stands apart from other land law books in the model it offers combines excerpts from primary source materials (case law and legislation) of critical engagement with the material. As the authors say in their Preface: and from doctrine and soft law. In doing so it presents a faithful picture of [W]e aim not just to state the law, but to paint its portrait, or tell its story, or the systems concerned. something of that kind. So we set out to offer a careful, thoughtful, honest Separate chapters deal with the various types of property rights, their and critical (but not unsympathetic) appraisal, from a number of directions, creation, transfer and destruction, with security rights (such as mortgages, both doctrinal and contextual. Once again, too, we present the portrait or pledges, retention of title) as well as with harmonising and unifying efforts story partly for its own interest, but most of all so as to encourage readers at the EU and global level. to try something similar for themselves – to reflect on the subject more, and so understand it better, and at the same time deepen their thinking This book reveals that today property law systems are closer to one another skills in general. than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further As well as updating the book’s overall coverage, this new edition features the development of property law in Europe. reworked discussions of areas where the law has recently undergone substantial change, and also where the authors’ thoughts themselves have Sjef van Erp is Professor of Law at Maastricht University and Deputy- developed – including ownership, easements, and rectification of the land Justice, Court of Appeals 's-Hertogenbosch, the Netherlands. register. Bram Akkermans is Assistant Professor of Law at Maastricht University, the Netherlands. Simon Gardner is a Professor of Law at Oxford University. Emily MacKenzie is a barrister at Brick Court Chambers. Jul 2012 9781841137506 1256pp Pbk RSP: £49.99 Jun 2015 9781849465755 480pp Pbk RSP: £25.99

Public International Law

International Law SECOND EDITION A European Perspective Economic, Social and Cultural Jan Wouters, Cedric Ryngaert, Rights in International Law Tom Ruys and Geert De Baere Manisuli Ssenyonjo This textbook offers for the first time a Since the first edition (published in 2009), comprehensive analysis of the classic there have been several important treaty doctrines and main areas of international developments, including the entry into force law from a European perspective, meeting of the Optional Protocol to the International the needs of the many European law schools Covenant on Economic, Social and Cultural teaching public international law in English. Rights (ICESCR) on individual communications, Special attention is devoted to the practice and significant developments in the case law of the European Union, the Council of Europe on economic, social and cultural (ESC) rights. and European States – both civil law and common law countries - with regard to international law. In particular the The second edition addresses these developments and explores ESC rights book analyses the interplay between international law, EU law and national from foundational issues to substantive rights and systems of protection. It law in the case law of the Court of Justice of the EU, the European Court of has been fully updated to include new material and up-to-date coverage Human Rights and national jurisdictions in Europe. of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first Jan Wouters is Full Professor of International Law at KU Leuven. Cedric edition, the second edition analyses new developments, such as the rights Ryngaert is Professor of Public International Law at Utrecht University. to adequate food, water and sanitation, adequate housing, social security Tom Ruys is Assistant Professor in International Law at the Ghent Rolin- and cultural rights. Jaequemyns International Law Institute (GRILI), Ghent University. Geert De Baere is Judge at the General Court of the EU and Associate Professor of Manisuli Ssenyonjo is Professor of International Law and Human Rights at EU Law and International Law, KU Leuven. Brunel University. Oct 2018 9781849464161 736pp Pbk RSP: £39.99 Oct 2016 9781849466073 800pp Pbk RSP: £60

23

Textbook_Catalogue2018.indd 23 19/04/2018 11:07:31 The Settlement of The Public International Law International Disputes Study Guide for Students Basic Documents Exercises and Answers Compiled by Christian J Tams Cristina Verones and Antonios Tzanakopoulos and Sébastien Rosselet This collection of documents brings together A sound understanding of public international a large number of primary sources on the law is indispensable for any lawyer, whether peaceful settlement of disputes in a usable and working in an international or domestic affordable format. The documents included context. It is therefore important that students reflect the diverse techniques of international have a thorough theoretical understanding dispute settlement, as recognised in Articles of international law issues, and are able to 2(3) and 33 of the UN Charter, such as apply the relevant international legal rules to negotiation, mediation, arbitration and a given set of facts, so as to arrive at a legally adjudication. The book comprises the most relevant multilateral treaties coherent conclusion. This practical aspect of learning international law is establishing dispute settlement regimes, as well as examples of special often neglected in favour of more theoretical aspects - which is where this agreements, compromissory clauses, optional clause declarations and book comes in. The book offers a series of hypothetical practical cases in relevant resolutions of international organisations. It covers both diplomatic public international law, including some of its specialised branches, such as and adjudicative methods of dispute settlement and follows a basic international human rights law and international criminal law. It challenges division between general dispute settlement mechanisms, and sectoral students to practise and familiarise themselves with the methodology and regimes in fields such as human rights, WTO law, investment, law of the sea, to write solutions to practical international legal questions. The book is in environmental law and arms control. The book is the first widely-available two parts: part one contains practical (exam-like) questions, while part two collection of key documents on dispute settlement. It is aimed at teachers, contains the solutions. The practical questions in part one are organised by students and practitioners of international law and related disciplines. subject, such as treaty law or state responsibility. One chapter is dedicated to more complex 'interconnected' cases, where students are asked to tackle Christian J Tams is Professor of International Law at the University problems which span multiple potential cases and topics. of Glasgow. Antonios Tzanakopoulos is University Lecturer in Public International Law at the University of Oxford and Fellow of St Anne's Cristina Verones is a PhD Candidate at the Graduate Institute of College. International and Development Studies in Geneva, Switzerland. Sébastien Rosselet is a PhD Candidate at the University of Geneva, Sept 2012 9781849463034 864pp Pbk RSP: £54.99 Switzerland. Jul 2013 9781849464543 474pp Pbk RSP: £24.99

International Law A Critical Introduction Indigenous Peoples Wade Mansell and Karen Openshaw and Human Rights This book provides a critical introduction to the International and Regional concepts, principles and rules of international Jurisprudence law through a consideration of contemporary Ben Saul international events. It provides ways of considering the relevance of international law This book explores how general human rights to particular disputes and also an appreciation standards have enabled, empowered and of both the possibilities and limitations of constrained indigenous peoples in claiming legal method in international disputes. This and defending their essential economic, in turn necessitates an examination of the social, cultural, civil and political interests. The relationship between international law and book examines the jurisprudence of United power. Thus rather than studying international law as a system of rules that Nations treaty committees and regional purports to govern, or at least constrain, the international community, this human rights bodies (in Africa, the Americas book considers the actual effects of international law upon international and Europe) that have interpreted and applied human rights standards disagreements. to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been Such an approach will be sceptical rather than cynical, intending to provide drawn upon by indigenous activists and victims to protect their interests in the means by which the role of international law may be evaluated. This ancestral lands, natural resources, culture and language. It further explores entails discussion of the legal quality of international law; of the relationship the right to indigenous self-determination; civil and political rights; between the academic disciplines of international law and international economic, social and cultural rights (including labour rights); family and relations; of the apparent 'Eurocentricity' of international law, and of the children’s rights; violence and discrimination against indigenous peoples; relationship between political power and the ability to use or abuse (or and access to justice and remedies for violations. The book also discusses ignore) international law. international and regional efforts to define who is ‘indigenous’ and who is Underlying the book is the assertion that international law is political a ‘minority’, and the legal relationship between indigenous individuals and in content (in the sense of being concerned with the exercise of power) their communities. The jurisprudence considered in this book significantly but that it draws much of its effectiveness from its self-portrayal as being shaped the UN Declaration on the Rights of Indigenous Peoples 2007, apolitical, or at least politically neutral. which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative Wade Mansell is Professor Emeritus at the University of Kent, Canterbury. and implementation challenges in the light of the standard setting and Karen Openshaw holds a PhD in Public International Law from the consolidation, and political momentum, surrounding the UN Declaration University of Kent, as well as a Post-graduate diploma in international law and associated UN human rights mechanisms. and international relations. Previously, she practised as a solicitor for a number of years. Ben Saul is Professor of International Law at the University of Sydney. Oct 2013 9781849460972 288pp Pbk RSP: £19.99 Jun 2016 9781901362404 248pp Pbk RSP: £36.99

24

Textbook_Catalogue2018.indd 24 19/04/2018 11:07:31 SECOND EDITION Terrorism EU International Relations Law Ben Saul Panos Koutrakos International anti-terrorism measures This new edition provides a definitive, existed long before 11 September 2001 but comprehensive and systematic analysis of the have increased markedly since. A myriad law governing the EU’s action in the world. of norms in different branches of law are now deployed to confront transnational Updated to take into account the Lisbon and domestic terrorism. There is also a Treaty and recent case law, the book covers all proliferating body of 'soft law' addressing constitutional aspects of the EU’s international terrorism, stemming from United Nations action and the procedures for treaty-making. organs, specialised international bodies and It analyses the relationship between the EU regional organisations. It is timely to draw and its Members with emphasis on mixed together these diverse legal developments agreements, and the status of international law over time into a single reference work. Bringing the original documents in the EU legal order. It explores the links between the EU and international together provides for ease of reference and enables scholars, practitioners organisations (such as the WTO) and examines the EU’s external economic and students to more easily compare and contrast various sources. and political relations and its various links with third countries, including its neighbours. It analyses, amongst others, the Common Commercial Policy, The book's coverage is comprehensive (thematically, organisationally, sanctions, the Common Foreign and Security Policy, and the Common geographically and temporally) and open to a balance of sources (hard Security and Defence Policy. and soft), but is judicious in its selection and prioritisation of the most significant and representative documents - in a field where there are many This new edition is the most up-to-date work of its kind, examining both repetitive or insubstantial documents. Importantly, the book looks beyond the law and practice in a wide range of external policies, placing the law in the traditional trans-Atlantic bias towards European, British and American its political and economic context and exploring the links between the EU’s sources in this area to include materials from Asia, Africa, Latin America and external and internal actions. the Middle East. Taken as a whole, the book aids in evidencing the emerging Panos Koutrakos is Professor of European Union Law and Jean Monnet field of international anti-terrorism law. Professor of European Union Law at City, University London. Ben Saul is Professor of International Law at the University of Sydney. Mar 2015 9781849463225 644pp Pbk RSP: £44.99 Feb 2012 9781841139869 1620pp Pbk RSP: £54.99

An Introduction to the Law of the United Nations Robert Kolb This work aims to fill a gap in the existing legal literature by presenting a compact, concise but nevertheless panoramic view of the law of the United Nations. Today the organisation is at the centre of all multilateral international relations and impossible to avoid. And of course the UN Charter is a foundational document without which modern international law cannot be properly understood. In spite of its importance, this pre-eminent world political organisation is poorly understood by the general public, and the extent and variety of its activities is not widely appreciated. Even lawyers generally possess insufficient knowledge of the way its legal institutions operate. Assessments of the organisation and judgements about its achievements are consequently frequently distorted. This work is aimed especially at remedying these deficiencies in public and legal understanding, but also at presenting the organisation as a coherent system of values and integrated action. Thus the book presents an overarching view of the significance of the UN organisation in general, the history of its origins in the League of Nations, the aims and principles of the Charter, governmental agencies, members of the Organisation, the non-use of violence and collective security, the peaceful settlement of disputes, and the question of amendments to the Charter. This work will be suitable for students of law and international relations, as well as scholars and those interested in the work and organisation of the United Nations. Robert Kolb is Professor of Public International Law at the University of Geneva. Feb 2010 9781841139371 274pp Pbk RSP: £32.99

25

Textbook_Catalogue2018.indd 25 19/04/2018 11:07:31 Socio-Legal Studies

SECOND EDITION Law and Social Theory Edited by Reza Banakar and Max Travers There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature. Reza Banakar is Professor of Socio-Legal Studies at the Department for Advanced Legal Studies, School of Law, University of Westminster and the Director of Research at the Centre for Legal Sociology at Lund University. Max Travers is Senior Lecturer in Sociology at the School of Social Sciences, University of Tasmania. Sept 2013 9781849463812 384pp Pbk RSP: £31.99

Sports Law

Modern Sports Law A Textbook Jack Anderson The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. Jack Anderson is a senior lecturer in law at Queen's University Belfast. Oct 2010 9781841136851 424pp Pbk RSP: £35

26

Textbook_Catalogue2018.indd 26 19/04/2018 11:07:31 Tax Law

EIGHTH EDITION Tiley’s Revenue Law Glen Loutzenhiser This is the 8th Edition of John Tiley's major text on revenue law, now massively expanded and restructured to cover the UK Tax system, Income Tax, Capital Gains Tax, and Inheritance Tax as well as incorporating sections dealing with Corporation Tax, International and European Tax, Savings and Charities which had previously been published in a separate volume entitled Advanced Topics in Revenue Law. This new edition is fully revised and updated for the latest case law, statutory and other developments including Finance Bill 2016, the Supreme Court decision in UBS/DB, the G20/OECD Base Erosion and Profit Shifting project, Diverted Profits Tax, EU State Aid investigations, the 2016 business tax road map, and recent reforms to the UK taxation of capital gains, savings income, dividends and employment benefits. The book is designed for law students taking the subject in the final year of their law degree course or for more advanced courses and is intended to be of interest to all who enjoy tax law. Its purpose is not only to provide an account of the rules but to include citation of the relevant literature from legal periodicals and some discussion of, or reference to, the background material in terms of policy, history or other countries' tax systems. Glen Loutzenhiser is Associate Professor of Tax Law, University of Oxford and Tutorial Fellow in Law of St Hugh's College, Oxford. Oct 2016 9781509911455 1640pp Pbk RSP: £59.99

27

Textbook_Catalogue2018.indd 27 19/04/2018 11:07:31 REQUEST YOUR INSPECTION COPY TODAY!

All of the titles in this catalogue are available on inspection for lecturers of relevant courses

To request your inspection copy simply visit www.hartpublishing.co.uk and submit a digital request or email Mary Mahoney ([email protected])

Textbook_Catalogue2018.indd 28 19/04/2018 11:07:31