Commercial and Financial Law Hart Publishing CommercialHart Publishing and Financial Law 2011 Good Books for Lawyers

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We’re delighted to begin our catalogue by congratulating the Hart authors whose work was recognised in 2010. In March 2010 James Green’s monograph The International Court of Justice and Self-Defence in International Law was awarded the American Society of International Law’s Francis Lieber Prize, while in September Alan Bogg’s The Democratic Aspects of Trade Union Recognition won the Society of Legal Scholars’ Peter Birks Prize for Outstanding Legal Scholarship, with Matthew Conaglen’s Fiduciary Loyalty the runner-up. This was the tenth consecutive year in which Hart books had won either fi rst or second prize, the fourth consecutive year that a Hart book had won fi rst prize and the third time in fi ve years that Hart books had won fi rst and second prizes. Finally, in 2010 three Hart authors, Ben McFarlane, Vanessa Munro and Sylvie Delacroix were awarded prestigious prizes by the Leverhulme Trust in recognition of their scholarship; McFarlane’s The Structure of Property Law and Munro’s Law and Politics at the Perimeter were cited as evidence of their outstanding promise.

One of the bigger changes we have embraced in the past three years is the advent of e-books, and you will fi nd out more about what we have done and what we are offering on p5. We welcome inquiries from librarians and booksellers who think they may be interested in acquiring all or some of our e-book collections.

Our 2011 catalogue of new titles features important new highlights, including Corporate Finance Law by Louise Gullifer and Jennifer Payne; UK Merger Control by Jonathan Parker and Adrian Majumdar; The Coalition and the Constitution by Vernon Bogdanor; a third edition of Andrew Burrows’ A Casebook on Contract, Crimes, Harms and Wrongs by A P Simester and Andreas von Hirsch; Environmental Judicial Review by Richard Moules; the sixth edition of Wyatt and Dashwood’s European Union Law (previously published by Sweet and Maxwell); Murder, Medicine and Motherhood by Emma Cunliffe; new monographs on the right to food and the right to housing; Equality: The New Legal Framework by Sir Bob Hepple; new editions of our popular study guides What About Law? and Bewigged and Bewildered, as well as new guides to studying for a PhD in law and research methodologies in law; Shakespeare’s Imaginary Constitution by Paul Raffi eld; Hannah Arendt and the Law edited by Marco Goldoni and Christopher McCorkindale; Debating Euthanasia by Emily Jackson and John Keown; a major new monograph on the Governance of Occupied Territory in Contemporary International Law by Stefan Talmon; a three volume History of the Laws of War by Alexander Gillespie; The Israeli- Palestinian Confl ict and its Resolution by Tal Becker and Ghaith Al-Omari; and a new critical introduction to International Law by Wade Mansell.

We hope you enjoy the titles we are publishing in our 15th Anniversary year. Richard Hart, January 2011

Inspection Copies Series Hart Publishing, Ltd Titles marked with the icon above are available free You may fi nd the series page on our website 16C Worcester Place, Oxford OX1 2JW, UK of charge provided you are teaching a course for helpful. This contains information on all our Tel: +44 (0) 1865 517530, Fax: +44 (0) 1865 510710 which they may be recommended as set texts. series, with a list of the published and E [email protected] Our full inspection copy policy is set out at the top forthcoming titles in each one. www.hartpub.co.uk or of the Inspection Copy Order form on page 91. www.hartpub.co.uk/books/series US: www.hartpublishingusa.com

Cover image by Judge Pierre Cavellat, from The Art of Justice by Ruth Herz (see page 37). © All Souls College, Oxford Hart Publishing Contents

Journals 2 Key Texts 4 Ebooks 5 Banking and Financial Law 6 Company and Insolvency Law 8 Competition Law 9 Constitutional and Administrative Law 14 Contract, Tort, Restitution & Commercial Law 19 1 Copyright, Patents, Trademarks 23 Criminal Law 24 Criminology and Policing 25 Energy, Environmental & Natural Resources Law 26 Equity and Trusts 28 European Law 29 Evidence, Proof and Process 34 Family Law 35 Gender and the Law 36 General 37 Human Rights 38 Insurance Law 42 International and Comparative Criminal Law 43 International Investment Law 45 International Trade Law 46 Labour and Discrimination Law 48 Legal Education and the Legal Profession 49 Legal History 52 Legal Philosophy 53 Litigation and Civil Procedure 55 Media Law 56 Medical Law and Ethics 57 Private International Law 59 Property Law 60 Public International Law 61 Socio-Legal Studies 70 Tax Law 71 Backlist 72 Index by Title 84 Index by Author 86 Highlights from Intersentia Publishing 88 Order Forms 89

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Online Access Transnational Legal Theory Convening Editor Online access is included in all Craig Scott, Osgoode Hall Law School standard subscriptions. Our journals See page 63 are hosted by IngentaConnect. WWW.HARTJOURNALS.CO.UK/TLT Online only subscriptions are available and individual articles can also be purchased electronically.

2100 Bulk Subscriptions Jurisprudence Please note that discounts are An International Journal of available for those who subscribe Legal and Political Thought to more than 3 journals. For further Edited by Sean Coyle, University of Exeter details please contact our Journals George Pavlakos, University of Antwerp and University of Glasgow Manager Barbara Darling: See page 54 [email protected] WWW.HARTJOURNALS.CO.UK/JURISPRUDENCE

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JournalJ of Private InternationalI Law GeneralG Editors PaulP Beaumont, University of Aberdeen JonathanJ Harris, University of Birmingham SeeS page 59 WWW.HARTJOURNALS.CO.UK/JPRIVINTLW

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The Journal of Legisprudence Corporate Law Studies General Editors Editorial Committee Luc J Wintgens (editor in chief) John Armour, University of Oxford Pauline Westerman Eilís Ferran, University of Cambridge Mauro Zamboni Jesper Lau Hansen, University of Copenhagen See page 54 Richard Nolan, University of Cambridge & WWW.HARTJOURNALS.CO.UK/LEGISPRUDENCE Lincoln’s Inn, Jennifer Payne, University of Oxford See page 8 3 WWW.HARTJOURNALS.CO.UK/JCLS Law,L Innovation and Judicial Review TechnologyT Edited by EditedE by Michael Fordham QC, Blackstone Chambers RogerR Brownsword James Maurici, Landmark Chambers HanH Somsen See page 18 SeeS page 37 WWW.HARTJOURNALS.CO.UK/JR WWW.HARTJOURNALS.CO.UK/LITW

King’s Law Journal Law and Financial General Editor Satvinder Juss, King’s College London Markets Review See page 37 General Editor WWW.HARTJOURNALS.CO.UK/KLJ Iain G. MacNeil, University of Glasgow Founding Editor Roger McCormick, London School of Economics See page 6 WWW.HARTJOURNALS.CO.UK/LFMR Oxford University Commonwealth Law Journal European Law Reports Editorial Board ofo cases in the United Aparna Rao, General Editor (Australia) Kingdom and Ireland Eirik Bjorge (Norway), Kelly Dhru (India) EditorialE Board Sushila Rao (India), Winky So (Hong Kong) DavidD Vaughan CBE QC See page 38 SeeS page 31 WWW.HARTJOURNALS.CO.UK/OUCLJ WWW.HARTJOURNALS.CO.UK/EULRW Legal Ethics GeneralG Editor Law and Humanities ChristineC Parker, University of Melbourne General Editors SeeS page 50 Paul Raffi eld, University of Warwick Gary Watt, University of Warwick WWW.HARTJOURNALS.CO.UK/LEW See page 37 WWW.HARTJOURNALS.CO.UK/LH

ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Key Texts Hart Publishing A Selection of Key Texts from Hart Publishing

Corporate Finance Law Insurance Law Principles and Policy Doctrines and Principles Louise Gullifer and Jennifer Payne Third Edition

Paperback 9781849460040 740pp Mar 11 John Lowry and Philip Rawlings £37.50 / €48 / US$75 with Robert Merkin See page 8 Paperback 9781849462013 468pp Aug 11 £25 / €32.50 / US$50 See page 42

4 Global Competition Law International Law and Economics A Critical Introduction Wade Mansell Second Edition Einer Elhauge and Damien Geradin Paperback 9781849460972 244pp Sep 11

£15.95 / €21 / US$32 Paperback 9781849460446 1164pp Jul 11 See page 63 £37.50 / €50 / US$75 See page 12

A Casebook on Contract Simester and Sullivan’s Third Edition Criminal Law Andrew Burrows Theory and Doctrine Paperback 9781849461634 898pp Aug 11 Fourth Edition £28.95 / €37 / US$58 AP Simester, JR Spencer, GR Sullivan See page 20 and GJ Virgo Paperback 9781841139227 901pp 2010 £29.99 / €39 / US$60

Wyatt and Dashwood’s International Law European Union Law of the Sea Sixth Edition Donald R Rothwell and Tim Stephens

Alan Dashwood, Michael Dougan, Barry Paperback 9781841132570 516pp 2010 Rodger, Eleanor Spaventa and Derrick Wyatt £35 / €45.50 / US$55 Paperback 9781849461269 1044pp Jun 11 £35.95 / €47 / US$70 See page 29

Family Law, Gender EU Constitutional Law & the State An Introduction Third Edition Allan Rosas and Lorna Armati

Alison Diduck and Felicity Kaganas Paperback 9781841139173 278pp 2010 Paperback 9781849461498 678pp Jan 12 £16.95 / €22 / US$34 £30 / €39 / US$60 See page 35

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E-book Collections for Libraries E-books for Individuals Did you know that almost 600 of our titles are now Individuals can purchase our e-books through available in e-Book format and can be purchased in www.ebooks.com. These can be downloaded onto collections directly from Hart Publishing? Sony Readers PR-505 and PR700, the Cool-er Reader and onto any Mac or Windows based computer devices. The books are available on a user-friendly At the time of going to press, our e-books cannot platform which offers: be downloaded onto iPads or Kindles, but we are • Perpetual and multiple concurrent access and use working on this! 5 • Full text search • MARC records Additional information • COUNTER-compliant usage statistics • In general, all our monographs and edited collections are made available as e-books. The following collections are currently available: • We produce e-books roughly 6 months after Collection Number of titles publication of the paper version. Commercial & Financial 105 Competition & Intellectual Property 51 Constitutional & Human Rights 90 Criminal Law & Criminology 42 International & European 150 Legal Studies 89 Social Law 55 Entire collection 582

… or we can customise a collection especially for you.

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ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Banking and Financial Law Hart Publishing Banking and Financial Law

An Introduction to the Law on Financial Investment Second Edition Iain G MacNeil

Since the publication of the fi rst edition of this book in 2005, the world of fi nancial investment has experienced an unprecedented boom followed by a spectacular bust. Signifi cant changes 6 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 fi nancial investment. The fi rst 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 fi nance 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 market.

“MacNeil’s eloquent and informative distillation of the “… very informative tool that introduces in a very regulatory fundamentals of investment law gives his friendly and accessible manner the nearly inextricable book much international relevance... Practitioners and world of fi nancial investment laws.” legal policy advisers will welcome it.” International Company and Commercial Law Review

Journal of International Banking Law and Regulation Iain G MacNeil is the Alexander Stone Professor of Commercial Law at the “… a fascinating and informative book... thoroughly University of Glasgow. recommended as a learned but at the same time very readable introduction to the law of fi nancial investment.” Paperback 9781849460507 388pp Sep 11 £35 / €45 / US$70 Banking and Finance Law Review

Law and Financial ‘An excellent journal for fi nancial lawyers, topical and written by experts.’ Markets Review Philip Wood, Special Global Counsel, Allen and Overy LLP General Editor, Iain G. MacNeil, ‘A stimulating and analytical approach to current legal issues in the markets that is of great interest to all fi nancial lawyers.’ University of Glasgow Keith Clark, Managing Director, Morgan Stanley (Legal and Compliance) Founding Editor, Roger McCormick, London School of Economics The leading source of informed comment on legal developments affecting the fi nancial markets, Law and Financial Markets Review is the only journal to give a fully rounded view of the topic by bringing together practitioner and academic perspectives.

Volume 5, 2011 (6 issues) Print ISSN 1752-1440 and Online ISSN 1752-1459 Institutional Subscription Rates Print with free online access: £725 (UK and Europe) / £750 (Overseas) Online Only: £652.50 (Worldwide) WWW.HARTJOURNALS.CO.UK/LFMR

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TheT Payment Order Anti-BriberyA ofo Antiquity and Risk Assessment thet Middle Ages A Handbook A Legal History Edited by Thomas Gruetzner, Ulf Hommel Benjamin Geva and Klaus Moosmayer

Thishi is i a book b k about b the h legal l history of the order to pay money initiating a non-cash CorruptionCiddl demands a truly global response. The fi ght against corruption and payment or funds transfer. Exploring the legal nature of the payment order and bribery is backed by numerous global and regional agreements and conventions, its underpinning in light of contemporary institutions and mechanisms, the book supplemented by national legislation and practice. Although most countries use traces their evolution from developments in Ancient Mesopotamia, Ancient Greece, their best endeavours to reduce corruption within their jurisdiction, the effects Rome, Greco-Roman Egypt, Continental Europe and England. Doctrine is examined of the measures taken still vary from country to country. This book undertakes in Jewish, Islamic, Roman, common and civil laws: investigating such diverse legal the task of giving a compact overview of the legal framework and practices of systems and doctrines the author identifi es the common denominator for the implementation in more than 150 countries worldwide, based on a uniform evolving legal principles, speculates on possible reciprocity, and challenges the idea questionnaire. The reports of about 50 countries with the highest turnover in of a ‘law merchant’ as a mercantile creation. foreign trade are provided in print; a CD-ROM with the unprinted reports is included in the book. 7 Ultimately the book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. The author points at Thomas Gruetzner practises law with Baker & McKenzie in Munich. Ulf Hommel deposit banking and emerging technologies as embodying a great potential for future works as in-house counsel and Dr Klaus Moosmayer as Chief Counsel, Compliance, non-cash payment system growth and yet recommends caution in predicting both both with Siemens, Munich. the future of deposit banking and the overall impact of technology. At the same time Hardback 9781849461290 500pp Feb 11 £218 / 283 / US$436 he expresses confi dence in the durability of legal doctrine to continue evolving and € accommodating future developments. Beck/Hart Benjamin Geva is Professor of Law at Osgoode Hall Law School, York University, Canada.

Hardback 9781849460521 540pp Oct 11 £95 / €123.50 / US$190 See also... Hart Monographs in Transnational and International Law Direct Investment, National Champions and EU Treaty Freedoms: From Maastricht to Lisbon TheT Financial Crisis in Frank S Benyon Page 46 ConstitutionalC Perspective Insurance Law: Doctrines and Principles John Lowry and Philip Rawlings with Robert Merkin Page 42 TheT Dark Side of FFunctional Differentiation PoulP F Kjaer, Gunther Teubner aand Alberto Febbrajo

This volume presents the fi rst thorough sociologically informed legal analysis of the fi nancial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis, contextualised within the general structural transformations of contemporary society and rounded off with proposals for constitutional reforms. The central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by a massive acceleration in the speed by which societal processes are reproduced and the very rapid development of globalisation. However these transformations have been asymmetrical, with the economic system outpacing both law and politics. The future capability of legal and political systems to infl uence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understandings. Potentially the 2008 crisis therefore has far-reaching constitutional implications. Poul F Kjaer is Alexander Von Humboldt Fellow at the Goethe University Frankfurt am Main. Gunther Teubner is Professor of Law, Goethe University Frankfurt am Main. Alberto Febbrajo is Professor of Sociology and Anthropology of Law at the University of Macerata, Italy.

Hardback 9781841130101 392pp May 11 £60 /€78 / US$120

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Corporate Finance Law Principles and Policy Louise Gullifer and Jennifer Payne

CorporateC Finance is an area of law which is of obvious practical importance, but the academic analysis oof this area of law has also been increasingly recognised. This book provides a discussion of the most 8 iinteresting theoretical and policy issues in corporate fi nance law, covering both equity and debt, and sseeking, where possible, to compare the two, considering their desirability in various circumstances and ppointing to areas of convergence and overlap. The topics covered include: an overview of the available fi nancing options; the relationship between debt and equity; legal capital; contractual protection for creditors; proprietary protection for creditors; single and multiple lenders; transferred debt; public share offers; regulation of the capital market; the regulation of debt; takeovers; schemes of arrangement and private equity. Each chapter analyses the issues, drawing attention to the diffi culties, risks and tensions inherent in this area of law, and the attempts made by the legislature, the courts, and the involved parties to deal with them. The book discusses areas where the law is uncertain, including some diffi cult conceptual problems, and considers the present law critically, including options for possible reform. The book will be of interest to practitioners, academics and students engaged in the practice and study of corporate fi nance law.

Louise Gullifer is a Reader in Commercial Law at the University of Oxford and a Fellow and Tutor of Harris Manchester College, Oxford. Jennifer Payne is Reader in Corporate Finance Law at the University of Oxford, Paperback 9781849460040 740pp Mar 11 £37.50 / €48 / US$75 and a Fellow and Tutor of Merton College, Oxford.

The Journal of European Insolvency Law Corporate Law Studies A Commentary Editorial Committee: John Armour, Edited by Hans-Gerd Jauch, University of Oxford, Eilís Ferran, Heinz Vallender and Michael Dahl University of Cambridge, Jesper Lau Hansen, University of Copenhagen. Richard Nolan, University of Cambridge & Lincoln’s Inn Thishi is i a comprehensive h i CCommentary on European insolvency law, as laid down Jennifer Payne, University of Oxford particularly in Regulation (EC) No 1346/2000, directly applicable in all European Member States. It is likely that the current economic crisis will lead to an increase The broad coverage of this journal ranges widely from insolvency to the in insolvencies in coming years, and the law of insolvency will once again be commercial confl ict of laws, directors’ duties and fi nancial regulation. It features called upon to resolve the more technical issues. strong global perspectives, interdisciplinary studies and work in related areas. It is Hans-Gerd Jauch and Michael Dahl are partners of the German law fi rm Georg. vital for teaching, research, practice, regulation, law and policy-making. Professor Heinz Vallender is a judge in insolvency matters at the Magistrate’s Volume 11, 2011 (2 issues) Print ISSN 1473-5970 and Online ISSN 1757-8426 Court of Köln. Institutional Subscription Rates Hardback 9781841132198 500pp Dec 11 £200 / €260 / US$400 Print with free online access: £150 (UK and Europe) / £165 (Overseas) Online Only: £135 (Worldwide) Beck/Hart Personal Subscription Rates Print with free online access: £80 (UK and Europe) / £85 (Overseas) Online Only: £72 See also... WWW.HARTJOURNALS.CO.UK/JCLS The Political Economy of Corporation Tax: Theory, Values and Law Reform John Snape Page 71

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International Commercial Arbitration and EU Competition Law Assimakis P Komninos and Luca Radicati di Brozolo

This book, written by two of the leading experts on arbitration and competition law, is an ambitious treatise on the theoretical underpinnings and practical aspects of arbitrating EU competition law disputes. Bringing together several areas of law - private international law, EU constitutional law, EU competition law and the law of arbitration - it gives a global (not ‘Eurocentric’) perspective on the subject. The book contains chapters 9 on the arbitrability of competition law disputes, on the powers and duties of arbitrators in applying EU and national competition law, on the legal position of arbitration and arbitrators in the EU competition law enforcement system, on the relationship between arbitrators and public enforcers, on the role of State courts, as well as of the EU Courts, and on the standard of review of arbitral awards by courts when EU competition law is at stake. Throughout the relationship between arbitration and EU Competition law is viewed from different angles: from the points of view of arbitration and competi- tion law, and from the points of view of the EU law and of international law. The book demonstrates that competition law and arbitration are not in confl ict but are complementary and that arbitration can be an effective tool for the enforcement of competition law. Assimakis P Komninos is a Commissioner and Member of the Board at the Hellenic Competition Commission and a visiting lecturer at Université Paul Cézanne Aix - Marseille III and at University College London. Luca Radicati di Brozolo is Professor of Private International Law at the Milan Hardback 9781841138626 354pp Jan 12 £95 / €142 / US$190 Catholic University and Partner at Bonelli Erede Pappalardo.

UKU Merger Control CriminalisingC Cartels JonathanJ Parker and CriticalC Studies of an AAdrian Majumdar IInternational Regulatory MMovement EditedE by Caron Beaton-Wells aand Ariel Ezrachi

Thishb book k is a fllfully up-to-date, d comprehensive guide to the law, economics and This book is inspired by the international movement towards the criminalisation practice of UK merger control law. It includes a review of the recently revised of cartel conduct. Led by US enforcers, criminalisation has been supported by a Guidelines on Mergers issued by the Offi ce of Fair Trading and the Competition growing number of regulators and governments. It derives its support from the simple Commission. The book presents an integrated legal and economic assessment of proposition that criminal sanctions, particularly jail time, are the most effective deterrent the substantive appraisal of mergers, examining in detail the following topics: the to cartel activity. However, criminalisation is much more complex than that basic history of the Enterprise Act and its development from the Fair Trading Act; the proposition suggests. There is complexity in the shape of the economic, political and various regulatory bodies that form the institutional structure of the UK merger social forces driving reform, and complexity in its effects on those affected: government, control regime; enterprises subject to merger control regulation and the jurisdictional enforcement agencies, business communities, legal profession, and the general public. thresholds of the Enterprise Act; the relationship of the Enterprise Act with the Featuring contributions from authors who have been at the forefront of global debates, European Merger Regulation; the procedural and substantive practice of the Offi ce this substantial volume captures these complexities and adopts a range of approaches, of Fair Trading; references to, and in-depth reviews by, the Competition Commission; including general theoretical perspectives (from criminal theory, economics, political appeals to the Competition Appeal Tribunal; public interest mergers and the role science, regulation and criminology) and case-studies of recent practical experience of the Secretary of State; and merger remedies. Uniquely, this book also provides in jurisdictions as diverse as the UK, Australia, Germany, Ireland and Canada. It also insights into the substance and procedure of UK merger control from Simon Pritchard, explores the international dimensions of criminalisation, from its specifi c practical formerly Senior Director of Mergers, OFT. consequences (eg extradition) to more general implications for harmonisation or Jonathan Parker is a Senior Associate at Allen & Overy LLP, London. convergence in competition law and enforcement. Adrian Majumdar is a Partner at RBB Economics. Caron Beaton-Wells is an Associate Professor at the University of Melbourne. Ariel Ezrachi is the Slaughter and May Lecturer in Competition Law at the University Hbk 9781849460156 504pp May 11 £110 / €140 / US$220 of Oxford and a Fellow and Tutor in Law at Pembroke College.

Hardback 9781849460255 488pp Mar 11 £90 / €118 / US$180

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EU Distribution Law PublicP Procurement and Fifth Edition thet EU Competition Rules Joanna Goyder AlbertA Sánchez Graells

The new edition, coming six years after the last, is concerned with the competition Public procurement and competition law are important fi elds of EU law and policy, rules prohibiting anti-competitive agreements and behaviour affecting trade intimately intertwined in the creation of the internal market. This new work is the between Member States, and the special rules which protect commercial agents. most comprehensive attempt to date to explain the many ways in which these Under EU law such anti-competitive agreements may be void and substantial fi nes fi elds interact and overlap. In examining the process of convergence between imposed and liability in damages may result. In 2010 fully revised EU legislation competition and public procurement law, the book asks whether competition and guidelines governing distribution and supply agreements came into effect. New law principles inform or condition public procurement rules, and whether they features include an increased focus on powerful buyers and on internet sales, and are adequate to ensure that competition is not distorted in markets where public there is also a more generous approach to resale price maintenance. To minimise procurement is particularly signifi cant. The book moves away from the classical their risk, companies and their advisers must understand the current rules and focus of public procurement on the activities of private actors, developing instead 10 exemptions, especially as the Commission and national courts and competition an analytical framework for the appraisal of the market behaviour of the public authorities are actively applying the rules. Furthermore, the continuing enlargement buyer from a competition perspective. The analysis is both legal and economic. of the EU, and the ever-expanding case law of the European courts, means that EU Proceeding through a careful assessment of the general rules of competition law has an ever wider and more pronounced impact. and public procurement, the book constantly tests the effi cacy of the rules in

competition and public procurement against a standard of the proper functioning This comprehensively rewritten and updated new edition of a well-known text of undistorted competition in the market for public procurement. combines expert commentary with clear, practical advice on the law affecting distribution agreements, exclusive supply, purchase agreements, franchising, Albert Sánchez Graells is a Lecturer in Commercial Law at the Pontifi cal University agency and selective distribution. Comillas, Madrid.

Joanna Goyder is a Barrister working for Freshfi elds Bruckhaus Deringer LLP in Brussels. Hardback 9781849460668 466pp Feb 11 £85 / €110.50 / US$170

Hardback 9781849461467 246pp Feb 11 £95 / €125 / US$190 European Competition StateS Aid and the Journal European Economic Edited by Philip Marsden, BIICL ConstitutionC Simon Bishop, RBB Economics FrancescoF de Cecco

‘AA valuablel bl fforum ffor practitioners and academics in the fi eld of European competition law and economics.’ Recent years have seen the rise of EU State aid law as a crucial component of the Philip Lowe, Formerly Directorate General for Competition, European Commission European economic constitution. To date, however, the literature has neglected The European Competition Journal offers a European voice as a the contribution of this area of EU law to the internal market. This book seeks to counterpart (and counterpoint) to the international research published and fi ll this gap in our understanding of the economic constitution by exploring the it complements as well as augments the existing global literature. Each issue signifi cance of State aid law in addressing questions that go to the core of the consists of fi ve to six peer-reviewed articles each of about 10,000 words, shorter internal market project. It does so by examining the case law relating to three papers, analysis pieces and reviews. different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic Volume 7, 2011 (3 issues) Print ISSN 1744-1056 and Online ISSN 1757-7632 constitution, such as the separation between the State and the market, the scope Institutional Subscription Rates for Member States to engage in regulatory competition, and the tension between Print with free online access: £240 (UK and Europe) / £250 (Overseas) market and non-market concerns. Online Only: £216 (Worldwide) Personal Subscription Rates Francesco de Cecco is a Lecturer in Law at the University of Newcastle upon Tyne. Print with free online access: £130 (UK and Europe) / £140 (Overseas) Online Only: £117 (Worldwide) Hardback 9781849461054 204pp Nov 11 £50 / €65 / US$100 WWW.HARTJOURNALS.CO.UK/ECJ

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IntellectualI Property, TheT Concept of Abuse in CompetitionC Law and EUE Competition Law EconomicsE in Asia LawL and Economic Approaches EditedE by Ian McEwin PinarP Akman

This book brings together distinguished lawyers and economists to examine The objective(s) of Article 102 TFEU, prohibiting the abuse of a dominant position, the differences and similarities in the intersection between intellectual property remain disputed. Although Art 102 prohibits ‘exploitation’, there is neither a and competition laws in Asia, with the aim of balancing these laws to improve comprehensive study of ‘exploitative abuse’ in the literature nor any guidance in economic welfare. Asia has different levels of development and experience with the Commission’s policy documents. Using law and economic approaches, this intellectual property and competition laws: Japan has the longest experience and book explores the possible objectives of Art 102 and proposes a modern approach now vigorously enforces both competition and intellectual property laws. Most to interpreting ‘abuse’, focusing analysis on the notion of ‘exploitative abuse’, other countries in Asia have only recently introduced intellectual property laws and how to deal with it in situations of excessive pricing, discrimination, etc. (due to the TRIPS Agreement) and competition laws (sometimes due to the World Starting with an examination of the roots of Art 102 and of the historical context Bank, IMF or free trade agreements). Yet across Asia there are differing degrees of of the adoption of the Treaty, the book analyses the case law, policy and literature 11 acceptance of these laws, different economic circumstances and differing legal and on exploitative abuses (and, where relevant, exclusionary abuses) investigating political institutions. Country chapters jointly written by a lawyer and an economist potential welfarist and non-welfarist objectives, such as fairness and (consumer) outline the institutional background to the intersection in each country, discuss the welfare, as well as potential confl icts between such objectives. The book argues policy underpinnings, analyse the case law, and make policy prescriptions. that the separation of exploitative abuse from exclusionary abuse is artifi cial and unsound, and seeks to establish an economically-sound test of infringement Ian McEwin is Professor of Law at the National University of Singapore and Senior which can inform policy and law in this area. Finally, the book critically assesses Advisor to Rajah & Tann LLP in Singapore. He was formerly Chief Economist at the the Commission’s modernisation of Art 102 and proposes a reformed approach to Singapore Competition Commission. ‘abuse’ which fuses ‘exploitative’ with ‘exclusionary’ abuse. Hardback 9781849460873 388pp Sep 11 £75 / €98 / US$150 Pinar Akman is a Senior Lecturer in Law at UEA Law School and ESRC Centre for Competition Policy, University of East Anglia.

TheT New European Hardback 9781849461092 276pp Jan 12 £50 / €65 / US$100 LawL of Unfair CommercialC Competition Law PracticesP and Text, Cases and Materials CompetitionC Law Fourth Edition Valentine Korah and Ioannis Lianos BertB Keirsbilck

Since 2005 the law of unfair commercial practices has undergone a revolution. This book presents the fi rst comprehensive examination of Directives 2005/29/ EC concerning unfair business–to–consumer commercial practices and 2006/114/ EC concerning misleading and comparative advertising. The book offers the fi rst The fourth edition of this book, now co-authored by Ioannis Lianos, includes more detailed analysis of the various ways in which the two Directives have been material on UK competition law and on the economics of competition, as well as transposed in the United Kingdom, Germany, the Netherlands, Belgium and greater introductory and analytical commentary, making the book suitable for use France, with a particular focus on incorrect transposition. The analysis includes an as a stand-alone text and materials book, or as a book of materials to be used overview of the enforcement possibilities before national courts and authorities, alongside a second text. The materials have been completely updated to take and as such will be a valuable source for all practitioners, policy makers and into account all the recent developments in EC competition law including: new academics working in the fi eld of unfair trade law. Guidelines on the method of setting fi nes, the Commission Notice on Immunity from fi nes and reduction of fi nes in cartel cases, the DG Competition discussion Ultimately the aim of the book is to expound a sound interpretation of the paper on exclusionary abuses, Guidelines on the assessment of non-horizontal relationship between unfair trade law and competition law in Europe, and it mergers, and extracts from the leading cases of Consorzio Industries, British therefore engages in an original examination of these two cornerstones of Airways v Commission, Microsoft Corp v Commission, Deutsche European economic law. It is, or ought to be, the author suggests, a goal of Telekom AG v Commission, and Bertelsmann AG/Sony Corporation of the harmonisation of unfair trade law and competition law, that they should America v IMP (Impala). As before the bulk of the text is made up of extracts be understood as ‘living apart together’ - complementary but autonomous and from Commission Decisions, Opinions of the Advocates General at the ECJ, and sometimes even confl icting. judgments of the ECJ and CFI. These are supplemented by extracts from EC Bert Keirsbilck is a post-doctoral research fellow and lecturer at the HU Brussel legislation, and comments, notes and questions prepared by the authors. The text and an affi liated senior researcher at the KU Leuven. is up to date as of January 2011. Valentine Korah is Professor Emeritus of Competition Law at University College, Hardback 9781849461849 694pp May 11 £75 / €97.50 / US$150 London, and a Barrister. Ioannis Lianos is the City Solicitors Educational Trust Reader in EU law at University College London.

Paperback 9781849460798 898pp Oct 11 £35 / €45 / US$70

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An Introduction to “... the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time.” Competition Law New Zealand Law Journal Second Edition “... this book may be used in a classroom in Europe just as it will be used in the US. The result is a highly welcome contribution to the Piet-Jan Slot and Angus Johnston evolution of competition studies.” Judge Douglas Ginsburg “... an extraordinarily teachable book that contains everything you might want to present... Finally, the comparative antitrust fi eld has a standard textbook to use. And a wonderful standard it is.” Robert H Lande, University of Baltimore Law School

Competition law is a subject of central and growing importance in modern legal Einer Elhauge is Petrie Professor of Law at Harvard Law School. systems. An accessible introduction to this legal fi eld is thus indispensable for Damien Geradin is a Partner at Howrey LLP and Professor of Competition Law and students and practitioners alike. This book is intended to be the fi rst work which Economics, TILEC, Tilburg University. students new to the subject will read and is written in particular for those who Paperback 9781849460446 1164pp Jul 11 £37.50 / €50 / US$75 intend to study a foundation course in competition law. The second edition has been fully updated in the light of the latest developments. Competition law in the UK consists of two main levels: EU competition law and EUE Competition Law UK competition law. This introduction covers both levels in an integrated fashion, 12 together with an abbreviated introduction to the EU rules on State aids. Therefore, anda the Information for the prohibition of cartels, the prohibition of the abuse of a dominant position and anda Communication the supervision of concentrations (ie mergers and acquisitions) a range of examples from European and UK practice are provided. Using this approach, the book aims to TechnologyT Network reach a broad range of readers: students and teachers in higher education, as well as IndustriesI offi cials and practising lawyers who may not usually face competition law issues in their working lives. AndrejA Fatur Angus Johnston is Senior Tutor in Law and CUF Lecturer at University College, Oxford. Piet-Jan Slot is Professor of European and Economic Law and Director of the Europa CompetitionCiiliihl policies have long been based on an intellectual approach Instituut at the University of Leiden. characterised by static models and static analysis of industrial organisation. However, recent developments in the study of industrial organisations has led Paperback 9781849461801 272pp Jan 12 £25 / €32.50 / US$50 to signifi cant advances, moving beyond traditional static models and a pre- occupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the fi eld of information and Global Competition communication technology (ICT) network industries where competition centres on network effects, innovation and IP rights and the key driver of consumer benefi t is Law and Economics technological progress. Consequently, when an antitrust intervention is considered Second Edition a number of considerations which arise out of the specifi c nature of the ICT Einer Elhauge and Damien Geradin sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of ICT industries against the fi ndings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of most common competitive harms in this area, such as non-price predatory practices, tying and bundling, cooperative standard setting, platform joint-ventures, and cooperative R&D. This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several Andrej Fatur is a partner at the law fi rm Fatur in Ljubljana, Slovenia. different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content Hardback 9781849461344 310pp Nov 11 £75 / €98 / US$150 or enforcement of competition laws, antitrust law is now a truly global phenomenon. Lawyers and lawmakers cannot rely on understanding only the antitrust and competition law of their home country. Modern antitrust law is JointJ Ventures and EU also different because it now refl ects an increasingly economic approach to CompetitionC Law analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed LuisL Morais 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 offi cials, and policy-makers interested in competition law. “... contains a vast collection of well-chosen material taking in a wide ThisThi bbook k examines i ththe ttreatment t of joint ventures (JVs) in EU Competition Law, and span of both antitrust and merger law issues. It is well written and clear provides a comparison with US law. Starting with an analysis of the rather elusive throughout, particularly on the economic concepts, and provides incisive concept of JV, the book encompasses both concentrative JVs (subject to merger commentary and questions which inspire further study.” control) and non concentrative JVs. Although focused on possible defi nitions of joint Cambridge Law Journal ventures in terms of competition law, it also includes a broader perspective on the “... an excellent book for introductory courses in comparative different legal models of structuring cooperation links between undertakings. competition law at either a graduate or undergraduate level.” Common Market Law Review At the core of the book is an analytical model for the assessment of JVs in terms of antitrust law, especially as regards Article 101 TFEU. The model is applied to four main types of JVs identifi ed on the basis of their prevailing economic function:

TO ORDER | T: +44 (0) 1865 517530 | F: +44 (0) 1865 510710 | E: [email protected] Hart Publishing Competition Law research and development JVs; production JVs; commercial JVs; and purchasing EuropeanE Distribution Law JVs. Also covered are particular situations of joint ownership of undertakings falling short of joint control. The concluding part of the book puts recent A Commentary developments in JV antitrust law into the wider context of EU competition law. MichaelM Martinek and Eckhard Flohr The book takes into account the 2010 EU framework on horizontal cooperation between undertakings. Luis Morais is a Professor at the University of Lisbon Law School and is a partner of Paz Ferreira & Associados (Law Firm).

Hardback 9781841137933 504pp Nov 11 £95 / €123.50 / US$190

This handbook covers the European law of distribution, as constituted by the EuropeanE European primary and secondary legislation, judgments of the European courts and the supreme courts of the European Member States, and common principles of MergerM Control European or international distribution law. National laws are covered only insofar as MichaelM Rosenthal and Stefan Thomas they illustrate the implementation of European law, or are of outstanding importance for distribution practice in Europe.The focus therefore is on supranational EU law relevant to distribution and services, constituting the acquis communautaire in the Member States. The book is divided in two parts: A. General Part: Sales Agency Agreements; General Good Faith Principles; Competition Law; Unfair Competition; 13 Consumer Protection Law; Distribution Law and Labour Law; Electronic Distribution; Confl icts of Law; ADR; Aspects of taxation concerning Distribution and B. Distribution Agreements in Detail; Commercial Distribution Agreements; Distribution Agreements; European merger control is among the most important and complex aspects of Franchise Agreements; Financial Services; Licence and Merchandise Agreements competition law. The rapid pace of development in this area presents a further (Appendices (Leading cases and materials)). challenge: legislation and guidance documents are frequently issued and updated, and the formidable body of Court and Commission case-law continues to grow at a Michael Martinek is Professor of Law at the University of Saarbrucken. daunting rate. This book provides a comprehensive treatment of EC merger control Eckhard Flohr is senior partner of the law fi rm PFP (Prof Flohr & Partner) and part- law and procedure. It adopts an integrated approach that embraces both the law time Professor, specialising in the law of distribution. and economics of merger control, supplemented throughout with practical insights drawn from the authors’ own experience. The book blends practical and academic Hardback 9781849461931 1500pp Jul 11 £250 / €250 / US$500 perspectives and addresses new and unsolved questions of EC merger control law. Beck/Hart Michael Rosenthal is Managing Partner of the Brussels offi ce of an international law fi rm. Stefan Thomas is Professor for Civil and Corporate Law at the University of Tübingen. EuropeanE Competition Hardback 9781849461306 500pp Nov 10 £205 / €213 / US$410 LawL Annual 2010 Beck/Hart MergerM Control in European aand Global Perspective RefusalsR to Licence EditedE by Mel Marquis and Philip Lowe IntellectualI Property TestingT the Limits of

LLaw and Economics Every year, top-levelll market k regulators, academics and legal and economic IanI Eagles and Louise Longdin practitioners attend the Annual Competition Workshop organised by the Robert Schuman Centre for Advanced Studies at the European University Institute in Florence. The participants are invited to discuss a particular set of critical issues in the fi eld of competition law and policy, and they prepare in advance a written paper and contribute to the oral debate during the proceedings. The meetings Economic analysis rarely features in intellectual property litigation. In competition are closed to the public, but the entire content of the proceedings - both the oral cases, by contrast, the judgments of the highest courts are replete with references discussions and the written contributions - are published, following the event, in to economics. One might expect that refusals to license IP would generate the same Hart’s European Competition Law Annual series. symbiosis between law and economics when those refusals surface in competition proceedings. However courts and enforcement agencies faced with a unilateral This is the fi fteenth in the ECLA series, reproducing the debate which in 2010 refusal to license have tended to retreat into sketchily articulated black letter rules examined merger control and coincided with the 20-year anniversary of the EU and presumptions which then have to be fenced off from the rest of competition Merger Regulation and a number of important developments internationally in law by economically irrelevant qualifi cations and distinctions based on private law the fi eld of merger policy. The participants discussed legal and economic issues categorisations of individual IP rights. This bypassing of case-by-case analysis in of substantive analysis, procedure, comity and best practices, as well as matters favour of traditional modes of legal reasoning is not entirely the fault of lawyers; relating to the litigation of merger cases, particularly before the European Courts. economists have contributed to this state of affairs by urging judges and regulators The discussion also benefi ted from the perspectives of policy makers and experts to convert empirically undernourished theories about the proper role of IP in a from Canada, Japan, Korea and the USA. market economy into rules of law and evidentiary presumptions which may bind Mel Marquis teaches competition law and European Community law at the future cases. How this came about and what it means for the future of effective University of Verona. Philip Lowe was Director-General of Competition at the global competition enforcement are the twin concerns of this book. EU Commission from September 2002 to February 2010. Ian Eagles and Louise Longdin hold chairs in law at Auckland University of Technology and are Visiting Professors at the University of New South Wales. Hardback 9781849462006 522pp Dec 11 £125 / €162 / US$250

Paperback 9781841138732 264pp Nov 11 £50 / €65 / US$100

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EuropeanE Competition This is the fourteenth in the series, reproducing the debate which in 2009 examined the evaluation of evidence and its judicial review in competition cases. LawL Annual 2009 The issues discussed included, among others, the burden of proof, the standard of TheT Evaluation of Evidence proof and the standard of review with respect to antitrust infringement decisions and merger decisions, both at the level of the EU and at the national level in a anda its Judicial Review in number of Member States. CompetitionC Cases Claus-Dieter Ehlermann is Senior Counsel with Wilmer Cutler Pickering Hale & Dorr EditedE by Claus-Dieter Ehlermann LLP in Brussels, and a former Director General in both the Competition Directorate and Legal Service of the European Commission. Mel Marquis teaches competition aand Mel Marquis law and European Community law at the University of Verona.

Every year, top-level market regulators, academics and legal practitioners attend Hardback 9781849460736 522pp May 11 £125 / €162 / US$250 the Annual Competition Workshop organised by the Robert Schuman Centre for Advanced Studies at the European University Institute in Florence. The attendees are invited to discuss a particular set of critical issues in the fi eld of competition See also... law and policy, and they prepare in advance a written contribution and contribute to the oral debate during the proceedings. The meetings are closed to the International Antitrust Litigation: Confl ict of Laws and Coordination public, but the entire content of the proceedings - both the oral discussions and Edited by Jürgen Basedow, Stéphanie Francq and Laurence Idot Page 59 the written contributions - are published, following the event, in the European UK Procurement Law: Principles & Practice Competition Law Annual series. General Editor: Michael Bowsher Page 19 14 Constitutional and Administrative Law

The Coalition and the Constitution Vernon Bogdanor

‘England’, Benjamin Disraeli famously said, ‘does not love coalitions’. But 2010 saw the fi rst peace-time coalition in Britain since the 1930s. The coalition, moreover, may well not be an aberration. For there are signs that, with the rise in strength of third parties, hung parliaments are more likely to recur than in the past. Perhaps, therefore, the era of single-party majority government, to which we have become accustomed since 1945, is coming to an end. But is the British constitution equipped to deal with coalition? Are alterations in the procedures of parliament or government needed to cope with it? ThThe iinter-party t t agreement t bbetween t the coalition partners proposes a wide ranging series of constitutional reforms, the most important of which are fi xed-term parliaments and a referendum on the alternative vote electoral system, to be held in May 2011. The coalition is also proposing measures to reduce the size of the House of Commons, to directly elect the House of Lords and to strengthen localism. These reforms, if implemented, will permanently alter the way we are governed. This book analyses the signifi cance of coalition government for Britain and of the momentous constitutional reforms which the coalition is proposing. In doing so it seeks to penetrate the cloud of polemic and partisanship to provide an objective analysis for the informed citizen.

Vernon Bogdanor, CBE was, until 2009, Professor of Government at Oxford Hardback 9781849461580 161pp Mar 11 £20 / €26 / US$40 University. He is now a visiting Professor at King’s College, London and a Fellow of the British Academy.

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Constitutional Systems of the World Series “We are promised contextual analyses, situating constitutions in their national history and explaining their underlying principles. The idea is at once admirable and innovative: it is diffi cult to think of any other recent series with the same ambition.” Andrew McDonald, The Law & Politics Books Review

The Constitution of TheT Constitution of the the United Kingdom RepublicR of Austria A Contextual Analysis A Contextual Analysis Second Edition ManfredM Stelzer Peter Leyland

The revised second edition of The Constitution of the United Kingdom provides a The 1920 Constitution of Austria arose from a compromise between deeply topical outline of the principles and doctrines which make up the UK’s constitution. opposed political parties with widely divergent moral and political principles. This edition has been extensively rewritten to take account of constitutional The Constitution deliberately lacked substantive content, was formal in 15 developments following the 2010 general election, while the main themes of the character, and was concerned only with the framework for everyday political history, sources and nature of the constitution remain. Later chapters deal with processes. Constitutional amendments were, and remain, rare events, while constitutional principles, the role of the Crown, Parliament and the electoral system, case law interpreting the constitution tended to be conservative in outlook, and government and the executive, the constitutional role of courts (including the controversial cases were considered a matter for constitutional amendment, not protection of human rights), the territorial distribution of power between central, constitutional interpretation. Only in the 1980s has the Constitutional Court devolved and local government, and the European Union dimension. The book also adopted a more expansive constitutional jurisprudence, especially in the fi eld of offers an analytical discussion of the development of the constitution, its strengths fundamental rights (though even this was an inevitable result of the infl uence and perceived weaknesses, and the on-going reforms aimed at its modernisation. of the ECtHR). The Constitutional Court even saw fi t to set limits to Parliament’s power to amend the Constitution. Becoming a member of the EU in 1995 The book is suffi ciently detailed that anyone coming to the subject for the fi rst time presented new challenges, leading to the creation of a Constitutional Convention will be able to develop a clear and informed view of how the UK’s constitution is and, eventually, major amendments to the Constitution in 2008. This book shows arranged and works. the Austrian Constitution as the product of Austria’s modern history, and at the Peter Leyland is Professor of Law at the London Metropolitan University. same time emphasises how it establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria’s federal structure and the Paperback 9781849461603 228pp Jan 12 £12.95 / €17 / US$26 parliaments of nine states. Constitutional Systems of the World Manfred Stelzer is Professor of Constitutional Law at the University of Vienna.

TheT Constitution of the Paperback 9781841138527 262pp Jul 11 £19.95 / €26 / US$40 RussianR Federation Constitutional Systems of the World A Contextual Analysis JaneJ Henderson TheT Constitution of France A Contextual Analysis SophieS Boyron

This book provides a critical and contextual understanding of the current Russian Constitution. It is comprised of seven chapters: an introduction followed by substantive chapters covering specifi c aspects of Russia’s constitutional history, structure and practice: the history and nature of the constitution; an overview of the current 1993 Constitution of the Russian Federation and the background to its The centrepiece of this work is the French Constitution of 1958, portrayed by the adoption by plebiscite; executive power, the role and accountability of the President author as an innovative hybrid construct whose arrival brought the constitutional as Head of State, and the formation and powers of the federal government; the stability which had eluded France for centuries. But the creation of the 1958 legislature and its formation, elections and the methods for forming the two Constitution was not an isolated act; it represents part of an evolutionary process chambers (State Duma and Federation Council) of the legislature (Federal Assembly); which continues to this day. Even though it is codifi ed, the constitution of the Fifth the constitutional role of the courts and the way in which fundamental rights are Republic has evolved so markedly that commentators have dubbed the present defi ned in constitutional terms; and fi nally a concluding chapter which focuses institutional balance the ‘Sixth Republic’. It is this dynamic of the constitution on characteristic features of Russian polity and constitutionality in the context of which this book seeks to explain. At the same time the book shows how the French constitutional stability, reform and change. This is an essential work of reference for constitution has not developed in isolation, but refl ects to some extent the global anyone who wishes to embark on studying Russian law and politics, and a refl ective movement of ideas, ideas which sometimes challenge the very foundations of the assessment of progress in the modern era. 1958 Constitution.

Jane Henderson is Senior Lecturer in Law at King’s College London and an Adjunct Sophie Boyron is a Senior Lecturer in Law at the University of Birmingham. Professor at the Notre Dame Law School in London. Paperback 9781841137353 220pp Sep 11 £16.95 / €22 / US$34 Paperback 9781841137841 247pp May 11 £14.95 / €19.50 / US$30 Constitutional Systems of the World Constitutional Systems of the World ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Constitutional and Administrative Law Hart Publishing

TheT Constitution of Iraq TheT Constitution of Italy A Contextual Analysis A Contextual Analysis ZaidZ Al-Ali and Jörg Fedtke JustinJ O Frosini

This book is the fi rst to discuss the new constitutional settlement in Iraq, the manner After a brief historical account of Italy’s constitutional system under the Statuto in which it came about, and how it has been implemented since it came into force in Albertino, this book focuses on how the Italian Constitution of 1948 has evolved 2006. The authors present an overview of the constitution-making process, focusing over the last sixty years, an evolution that has led many commentators to talk on the wider factual, historical and legal context, of how the drafting exercise evolved of a ‘Second’ or even ‘Third Republic’ regardless of formal amendments to the in practice, and of how the legitimacy of the fi nal text was affected by that process. constitution. The book looks at the role played by Italy’s main constitutional The book also focuses on the most contentious aspect of the new constitutional actors: the Council of Ministers and its President, the Parliament, the President of dispensation, the federal system of government, with particular emphasis on the the Republic and the Constitutional Court. Particular emphasis is placed on the horizontal and vertical divisions of legislative, administrative and judicial power, on political dimensions of Italy’s constitution, including the anomalies of the country’s the fl exibility that is offered by the Constitution in terms of a possible devolution of ever-changing party system, while additional chapters are devoted to the evolution 16 competence from the centre to the lower tiers of the system, and on the distribution of regional government – a form of ‘Italian devolution’ – and to fundamental of natural resources. The authors analyse the manner in which these provisions have rights. Particular attention is given to the case law of the Italian Constitutional affected Iraq’s traditionally centralised system of government and the extent to which Court and the emergence of ‘new rights’ not explicitly provided for in the 1948 certain state institutions have resisted these changes. The Constitution’s section on Constitution. The book concludes with an evaluation of the prospects of Italy fundamental rights is also discussed, including the way in which these interact with becoming a fully-fl edged federal state with a directly elected Prime Minister or other values such as Islam, socio-economic rights, group rights, as well as international President of the Republic. systems of human rights protection and the role that the courts play in adjudicating Justin O Frosini is Lecturer in Public Law at the Bocconi University, Milan and Director disputes. Finally, the book examines Iraq’s constitutional transition, including the of the Center for Constitutional Studies and Democratic Development, Bologna. question of whether the new settlement has had any success as a confl ict resolution mechanism and whether it has promoted national reconciliation. The authors also Paperback 9781841138343 234pp Dec 11 £14.95 / €19.50 / US$30 address the informal sectarian system of government that has been enshrined since Constitutional Systems of the World ratifi cation of the Constitution. Zaid Al-Ali practises international commercial arbitration in Paris, New York, and London and has been legal advisor to the UN in Iraq on constitutional and parliamentary reform issues. TheT Constitution of Jörg Fedtke is A N Yiannopoulos Professor in Comparative and International Law at Tulane ThailandT University and Co-Director of Tulane’s Eason-Weinmann Center for Comparative Law. A Contextual Analysis Paperback 9781841138091 224pp Dec 11 £20 / €26 / US$40 AndrewA Harding and Peter Leyland Constitutional Systems of the World

TheT Constitution of Ireland A Contextual Analysis ColmC O’Cinneide This book assesses the numerous attempts to establish a modern system of democratic government in Thailand against the background of Thai politics and culture. The fact that since 1932, when it became a constitutional monarchy, Thailand has had 18 constitutions speaks of an unstable political system which has seen rapid and repeated fl uctuations between military rule and elected government. The main focus of this study is a critical discussion of the institutional frameworks which have been established under recent constitutions. Individual chapters deal with the monarchy, elections and parliament, the civil service and Ireland has one of the world’s world’ longest-lasting and best established democratic the executive organs of the state, the contracting and regulatory state, local constitutional systems, dating back to the original Free State Constitution of 1922. government, Thailand’s constitutional watchdog bodies and the constitutional role The subsequent 1937 Constitution can be seen as one of world’s fi rst post-colonial of the courts. constitutional instruments, and was a considerable infl uence on the framing of other post-colonial constitutions in Africa and Asia. Ireland has a long history of judicial Andrew Harding is Professor of Asia-Pacifi c Law at the University of Victoria, activism and an extensive rights jurisprudence, which has generated a controversial British Columbia, Canada. Peter Leyland is Professor of Law at the London case-law in areas such as abortion, reproductive rights, criminal evidence, freedom Metropolitan University. of expression, socio-economic rights and equality norms. However, to understand its Paperback 9781841139722 200pp May 11 £18.99 / €25 / US$38 constitution, it is necessary to also examine the background political and legal context. The Irish constitutional order has been shaped by the desire to differentiate the new Constitutional Systems of the World state from the ‘old’ order of British rule, but balancing the idealism of independence with the complex realities of constitutional governance has proved diffi cult. Colm O’Cinneide is a Senior Lecturer in Laws at University College, London.

Paperback 9781841138367 224pp Oct 11 £14.95 / €19.50 / US$30

Constitutional Systems of the World

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ParliamentaryP Elections, AdministrativeA Justice and RepresentationR and AsylumA Appeals thet Law A Study of Tribunal Adjudication CarolineC Morris RobertR Thomas

Parliamentary elections are the foundation of the democratic state, providing How are we to assess and evaluate the quality of the tribunals that adjudicate legitimacy to government and an opportunity for citizens to participate in the disputes between individuals and the government? This book examines how the idea democratic process. But despite the crucial role of elections in government and of adjudicative quality works in practice by presenting a detailed case-study of the society, the law governing them is fragmented, both conceptually and in terms of the tribunal system responsible for appeals lodged by asylum-seekers. Over recent years, legal framework. This book examines each stage of the electoral process from the the asylum appeal process has become a major area of judicial decision-making and perspective of the candidate seeking to become an MP: eligibility and qualifi cation, the most frequently restructured tribunal system. Asylum adjudication is also one of the candidate selection process, nominations, disputed elections and then fi nally, the most diffi cult areas of decision-making in the modern legal system. disqualifi cation from the House of Commons. Each stage of the process is considered Integrating empirical research with legal analysis, this book provides an in-depth in light of developments in political practice and human rights jurisprudence, and study of the development and operation of asylum decision-making, examining 17 an argument is made for the rethinking and reform of the law of parliamentary how this particular appeal process mediates the tension between the competing candidacy and membership. The book takes into account the reforms ushered in by values under which it operates. There are chapters examining the organisation of the parliamentary expenses scandal of 2009, and also looks to the new electoral era the tribunal system, its procedures, the nature of fact-fi nding in asylum cases and that may eventuate under the Liberal Democrat-Conservative coalition government: the operation of onward rights of challenge. the referendum on the AV electoral system, the prospect of recall elections for errant MPs, and the opening up of the candidate selection process. Illuminating the tensions inherent in the idea of administrative justice and how they are manifested in the tribunal system responsible for making potentially life Caroline Morris is a Lecturer in Law at Queen Mary, University of London. or death decisions, this book will be of value to anyone interested in administrative law and asylum adjudication. Hardback 9781849461474 224pp Oct 11 £45 / €60 / US$90 Robert Thomas is a Senior Lecturer at the School of Law, University of Manchester.

How Constitutions Paperback 9781841139364 318pp Jan 11 £50 / €65 / US$100 ChangeC A Comparative Study ConstitutionalC Pluralism EditedE by Dawn Oliver ini the European Union aand Carlo Fusaro anda Beyond MatejM Avbelj and Jan Komárek

TheseTh essays explore, l using i case studies from a number of countries as well as the EU, how and why constitutions change and are changed. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind. Or it may be informal and organic, for ConstitutionalC tit ti l pluralism l li iis a popular subject among scholars of European integration instance where court decisions affect the operation of the system of government, and global governance. Some of them believe that constitutionalism will emerge or where new administrative and other arrangements (eg agencifi cation) affect, beyond state borders, in the process of European integration and in international articulate or alter the operation of a constitution without resort to legislation. regulatory and rights-setting regimes such as the WTO and ECHR. But the idea of constitutional pluralism is not unchallenged. The critiques have come from those who The countries looked at in this study include, from the EU, a common law country, believe in ‘traditional’ European constitutionalism based on the superior authority a Nordic one, a former communist state, several civil law systems, parliamentary of the EU as well as from scholars focusing on constitutions of particular states. systems and a hybrid one (France). Chapters on non-EU countries include two The book collects contributions taking opposing perspectives on constitutional on developing countries (India and South Africa), two on common law countries pluralism – some defending and promoting the concept of constitutional pluralism, without written constitutions (Israel and New Zealand), a presidential system some criticising and opposing it. Together they offer fresh perspectives on both the (the USA) and three federal ones (Switzerland, the USA and Canada). In the fi nal theoretical and practical aspects of constitutional pluralism. chapter the editors conduct a detailed comparative analysis of the jurisdiction- based chapters and explore the question whether any overarching theory or Matej Avbelj is an Assistant Professor of European Law, Graduate School of theories about constitutional change in liberal democracies emerge from the study. Government and European Studies, Slovenia. Jan Komárek is a Lecturer in EU law at the London School of Economics. Dawn Oliver is Professor of Constitutional Law at University College London. Carlo Fusaro is Professor of Public Comparative Law at the University of Florence, Italy. Hardback 9781849461252 304pp Sep 11 £50 / €65 / US$100

Hardback 9781849460941 372pp Aug 11 £50 / €65 / US$100 Studies of the Oxford Institute of European and Comparative Law

ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Constitutional and Administrative Law Hart Publishing

ValuesV in Global AdministrativeA Law See also... EditedE by Gordon Anthony, Jean-Bernard Environmental Judicial Review Richard Moules Page 26 AAuby, John Morison and Tom Zwart Europe’s Constitutional Mosaic Edited by Neil Walker, Jo Shaw and Stephen Tierney Page 31 Principles of European Constitutional Law Edited by Armin von Bogdandy and Jürgen Bast Page 30 Transnational Administrative Rule-Making: Performance, Legal Effects and Legitimacy Edited by Olaf Dilling, Martin Herberg and Gerd Winter Page 68 Global Administrative Law has recently emerged as one of the most important contemporary fi elds in public law scholarship. Concerned with developing fuller Using International Law in Domestic Courts Shaheed Fatima Page 61 understandings of patterns in global governance, it represents one of the most Rights in Divided Societies Edited by Colin Harvey and insightful ways of viewing the multifarious forms of public power that now exist Alexander Schwartz Page 41 beyond the State. The Concept of Unity in Public International Law Mario Prost Page 64 The present collection brings together some of the leading scholars working in the fi eld of global administrative law to address past and future challenges related to global governance. Each of the contributions picks up on the more general theme 18 of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest to public lawyers, social and political scientists and scholars of international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance. Gordon Anthony is a Senior Lecturer in Law at Queen’s University, Belfast. Jean-Bernard Auby is Professor of Public Law at Sciences Po Paris. John Morison is Professor of Jurisprudence at Queen’s University, Belfast. Tom Zwart is Professor of Law at Utrecht School of Law.

Hardback 9781849460095 416pp Feb 11 £55 / €72 / US$110

Judicial Review Edited by Michael Fordham QC, Blackstone Chambers James Maurici, Landmark Chambers

The UK’s leading journal for lawyers engaged in judicial review, catering for academics and practitioners. It offers invaluable insights from today’s foremost judicial review experts, combining analysis of general judicial review matters with practical information and guidelines for preparation and conduct of applications for judicial review.

Volume 16, 2011 (4 issues) Print ISSN 1085-4681 and Online ISSN 1757-8434 Institutional Subscription Rates Print with free online access: £205 (UK and Europe) / £225 (Overseas) Online Only: £184.50 (Worldwide) Personal Subscription Rates Print with free online access: £95 (UK and Europe) / £105 (Overseas) Online only: £85.50 (Worldwide) WWW.HARTJOURNALS.CO.UK/JR

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UK Procurement Law Principles & Practice General Editor: Michael Bowsher. Contributors: Elisa Holmes and Ewan West

Procurement law has become a key area of professional practice in the United Kingdom as authorities and utilities are held to account to a complex web of legislative rules, judicial principles and ‘soft law’. The authors, members of Monckton Chambers, have extensive day-to-day experience in this fi eld dealing with both the operation of the procurement process and the regulatory and judicial routes for challenging 19 procurement procedures. The book covers the current state of law and practice in the fi eld of procurement law. Particular focus is placed on the procedural content of procurement law challenges and separate focus is given to the position in Scotland and Northern Ireland where local law issues often shape the impact of procurement law. Previous textbooks have taken the legislation as their starting point but in this book the authors demon- strate that an approach to procurement law may be taken in which the key obligations are those imposed by general principles. The real enforcement challenge involves establishing clear rules based on these principles, often in the context of intense judicial scrutiny, in which the procedural demands of the procurement and the courts shape the law.

Michael Bowsher QC is a barrister at Monckton Chambers, London. Paperback 9781849461443 544pp Nov 11 £75 / €98 / US$150

Liability for RightsR and Private Law WrongfulW Interferences EditedE by Donal Nolan and withw Chattels AAndrew Robertson SimonS Douglas

The protection of property rights in chattels through the law of torts is centred The notion of rights is foundational to private law, which recognises and gives around the four actions of conversion, detinue, trespass and negligence. Traditionally effect to rights that individuals have against other individuals. In recent years a these actions have been governed by arcane divisions, leading to unnecessary strand of thinking has developed in private law which has come to be known complexity and arbitrariness. The principal argument made in the book is that as ‘rights-based’ analysis. This analysis seeks to develop an understanding of signifi cant developments in the modern law suggest abolition of these arcane private law obligations which promotes a rights-based understanding of private divisions, permitting the chattel torts to be given a coherent and justifi able structure. law guided primarily or exclusively by notions of interpersonal morality, rather The author argues that the only division which should be drawn in the modern than the pursuit of community welfare goals. Notions of rights are also assuming chattel torts is between intentional interferences with chattels, where liability is strict, greater importance in private law in other respects. Human rights instruments are and unintentional interferences with chattels, where liability is fault-based. having an increasing infl uence on private law doctrines and in the law of unjust enrichment an important debate has recently begun on the relationship between To demonstrate this structure the author argues that the actions of conversion, restitution of rights and restitution of value. detinue and trespass amount, in substance, to a single cause of action which imposes strict liability for the intentional interference with another’s chattel, This collection will make a very signifi cant contribution to debate about the role of while the tort of negligence recognises a fault based cause of action for the rights in private law. It includes essays by leading private law scholars addressing unintentional interference with another’s chattel. Unlike the arcane divisions fundamental questions about rights in private law as a whole and within particular which have traditionally governed this area of law, this basic structure, the author doctrines and fi elds of private law. The book encompasses both advocates and suggests, can be justifi ed and can be exported to other areas of tort law. critics of rights-based approaches and provides a thorough and well-balanced analysis of the topic. Simon Douglas is a Fellow and Tutor in Law at Wadham College, Oxford. Donal Nolan is a Fellow and Tutor in Law at Worcester College, Oxford, and a CUF Hardback 9781849461511 288pp Nov 11 £55 / €71.50 / US$110 Lecturer in Law at the University of Oxford. Andrew Robertson is a Professor of Law at the Melbourne Law School.

Hardback 9781849461429 502pp Nov 11 £75 / €98 / US$150

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AnticipatoryA Breach A Casebook QiaoQ Liu on Contract Third Edition Andrew Burrows

Thishi work k examines i iin ddetail i the English doctrine of anticipatory breach, fi lling ThisThi is i ththe thithird d revised i d edition dit of Professor Burrows’ casebook, offering a signifi cant gap in the existing literature with a comprehensive, systematic and undergraduate law students the ideal way to discover and understand contract in-depth treatment of the subject. The book not only restates the doctrine of law through reading highlights from the leading cases. It has been brought up anticipatory breach but also rejuvenates it, developing the proposition that the to date, incorporating extracts from a number of leading cases decided since 2009.

doctrine is essentially a mechanism for sanctioning present contractual remedies Designed to be used in conjunction with a contract law textbook, it covers the for future breaches. This proposition is developed in four parts consisting of undergraduate contract law course in a series of clearly presented and carefully- nine chapters: historical genesis, theoretical characterisations, terminology, the structured chapters, each with an expert introduction, notes and questions to further constitution of an anticipatory breach, the defence of anticipated breach, the help students. Relevant statutes are also set out along with a principled analysis of principle of election, the peculiarities of a right to claim damages, the assessment them. In addition to cross-references to further discussion in the leading textbooks, 20 of damages, the victim’s ability to continue with its performance and to claim the an innovative feature is the summary of leading academic articles in each chapter. contract price when it is due, etc. The book is designed not to overwhelm students by its length but covers all aspects The book challenges the misconceptions with which the doctrine of anticipatory of the law of contract most commonly found in the undergraduate curriculum. breach was historically associated, the obscurity and precariousness of its Praise for previous editions: theoretical foundation and the resulting inconsistency and infl exibility in its “This is probably the best and most straightforward text, application. In place the author argues for a reformulation which follows a more with very good commentary and overview of further reading.’’ rational, coherent and refi ned theoretical framework. This book is written in clear, Ewan McGaughey, King’s College, London straightforward language, and will appeal to academics, practitioners and law “An excellent book - clear and comprehensive.” students alike. Solene Rowan, Queen’s College, Cambridge Qiao Liu is a Lecturer in Law at the University of Queensland in Australia and an “Excellent ... the extra reading sections are very good and the treatment Adjunct Professor of Law at the Xi’an Jiaotong University in China. of cases is very good in addressing areas where students get confused.” Imogen Goold, St Anne’s College, Oxford Hardback 9781849461122 242pp Feb 11 £55 / €71.50 / US$110 “Clear, uncomplicated layout, good review of the literature and excellent analysis and comments.” Chris Shepherd, London South Bank University PublicP Procurement Law Andrew Burrows is a Senior Research Fellow at All Souls College, Oxford. DamagesD as an EEffective Remedy Paperback 9781849461634 898pp Aug 11 £28.95 / €37 / US$58 EditedE by Duncan Fairgrieve and FFrançois Lichère Mistakes in Contract Law Catherine Macmillan

Public procurement represents more than 15% of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also fast-growing, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffi rmed the importance of damages as a tool to enforce the TheTh common llaw ddoctrine t i of mistake is a confused one, with contradictory proper award of public contracts, but has left the exact architecture of the damages theoretical underpinnings and seemingly irreconcilable cases. This book explains the remedy in the hands of the Member States. This book offers an overview of damages common law doctrine through an examination of the historical development of the liability which is inclusive, coherent and practical, covering the relevant law and doctrine in English law. Beginning with an overview of contractual mistakes in Roman jurisprudence from a number of countries across Europe and further afi eld. law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. The contributors are high-profi le and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners. “... a fascinating insight into the background of current diffi culties for Duncan Fairgrieve is Fellow in Comparative Law at the British Institute of anyone interested in contract law.” Restitution Law Review International and Comparative Law. François Lichère is Professor of Law at the “... of value for those interested in contract and commercial law ...” University of Aix-Marseille III, Aix-en-Provence. The Journal of Business Law Catharine MacMillan is a Senior Lecturer in Law at Queen Mary University of London. Hardback 9781849462174 228pp Aug 11 £65 / €84.50 / US$130 Paperback 9781849462129 312pp May 11 £25 / €32.50 / US$50

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TheT United Nations InternationalI Sales Terms ConventionC on Contracts PatrickP Ostendorf forf the International SaleS of Goods ArticleA by Article Commentary EditedE by Stefan Kröll, Loukas A Mistelis aand Maria del Pilar Perales Viscacillas

Thirty one years after its adoption in 1980, the United Nations Convention on This is a short practical guide to drafting international sales clauses. The Contracts for the International Sale of Goods (CISG), has become the law of introductory chapter provides an overview of Convention on the International international sales. 74 states, accounting for more than two thirds of global trade, Sale of Goods. It also deals with more general points of concern, such as export have ratifi ed. But despite its practical importance and global reach the literature control regulations, international tax law issues, and best practices regarding on the CISG in English is limited. This book fi lls a gap and supplements the few the incorporation of the terms into the contract (the battle of forms problem). existing commentaries by providing a truly international work taking into account The main part of the book contains the annotated international sales terms the many legal settings in which the CISG applies. The Commentary provides and conditions: Terms of Payment, Retention of Title, Delivery, Transfer of Risk, an authoritative ‘Article-by-Article’ analysis, strictly following the structure of Conformity of the Contract Goods and Remedies in case of Non-conformity, the provisions of the Convention. Specifi c topics, eg E-Commerce and the CISG, Confi dentiality, Limitation of Liability, Termination, Governing Law and Arbitration comparative contract texts such as Unidroit Principles of International Commercial Clause. Each clause and its effect in the context of the applicable law are 21 Contracts, European Principles of Contract Law and the Draft Common Frame of separately discussed and analysed. Reference, are dealt with in comments on specifi c articles. Patrick Ostendorf is Professor of Business Law at the University of Applied Studies, Bielefeld. Stefan Kröll is a Lecturer at the University of Köln and a member of the German Institute of Arbitration. Loukas A Mistelis is Professor of Law at the Hardback 9781841133867 180pp Apr 10 £95 / €123.50 / US$190 London School of Economics. Maria del Pilar Perales Viscacillas is Professor at Beck/Hart the University of La Rioja, Portugal.

Hardback 9781841131702 1200pp Jul 11 £255 / €306 / US$510 PerspectivesP on Beck/Hart CausationC EditedE by Richard Goldberg NetworksN as Connected ContractsC GuntherG Teubner ((translated by Michelle Everson) EEdited with an Introduction TheTh essays iin thithis bbook k examine the developing law of causation, and how British bby Hugh Collins law should seek to infl uence and be infl uenced by developments in other countries. The essays are clustered in three groups - the law, scientifi c evidence and legal theory. The legal analysis looks at the debates surrounding cases involving indeterminate Business networks consist oof independent businesses that enter into interrelated defendants and evidential gaps in causation. Various papers examine developments contracts, conferring on the parties many of the benefi ts of co-ordination achieved in England, Scotland, Canada and the US, including causation in asbestos cases. The through vertical integration in a single fi rm, without creating a single integrated scientifi c papers look at the still growing role of scientifi c evidence in civil litigation business such as a corporation or partnership. How should the law analyse these and the controversial question of the extent to which such evidence can be admitted hybrids? They are neither exactly a market relationship nor a type of business and used in causation disputes. This section explores the role of statistical evidence in association or company, because they lack a centralised co-ordinating authority to resolving causation problems, and liability for future harm, including litigation trends in receive the residual profi ts. the UK, US and France. The legal theory section looks at the NESS (necessary element in a suffi cient set) test of causation, and explores the importance of tort law responding This book is a translation of Gunther Teubner’s classic work on networks, to developing science, while respecting the limitations imposed by precaution and setting out his novel legal concept of ‘connected contracts’ and explaining how indeterminate causation. The book will be of interest to academics, policy makers, this concept addresses the legal problems posed by networks. A substantial practitioners, the pharmaceutical and bioscience sectors, physicians and scientists. introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. Richard Goldberg is a Reader in Law at Aberdeen University. The introduction also explores how far the concept of connected contracts might assist in the common law world to address the same problems that arise in cases Paperback 9781849460866 410pp Jul 11 £75 / €97.50 / US$150 involving networks. The book will be of interest to scholars interested in contract law, commercial law, comparative law, legal theory and the law of business associations. Gunther Teubner is Professor of Law and Principal Investigator at the Cluster of Excellence ‘Formation of Normative Orders’, Goethe University Frankfurt am Main. Hugh Collins is Professor of English Law at the London School of Economics.

Paperback 9781849461740 272pp Apr 11 £50 / €65 / US$100

International Studies in the Theory of Private Law

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TheT Foundations of VicariousV Liability EuropeanE Private Law ini Tort EditedE by Roger Brownsword, ClaireC McIvor HHans-W Micklitz, Leone Niglia anda Steve Weatherill

There remains an urgent neneed for a deep discussion of the theoretical, political This book provides a comprehensive and up-to-date critical account of the much- and federal dimensions of the European codifi cation project. While much valuable used but little-understood doctrine of no-fault employer liability for the torts of work has already been undertaken, the papers in this volume take as their starting employees. Starting from the premise that the current law on vicarious liability is point the proposition that further refl ection and critical thought will enhance the both unprincipled and theoretically incoherent, this book deconstructs the normative quality and effi cacy of the on-going work of the various codifi cation bodies. The foundations of the doctrine of vicarious liability and seeks to advance a sound volume contains papers by representatives of the Common Frame of Reference, theoretical account of its nature, purpose and functions. Using this theoretical the Study Group and the Acquis Group as well as papers by those who have not account as an analytical framework, the book proceeds to critically evaluate each been involved in particular projects but who have previously commented more of the central features of the doctrine, with individual chapters on the employee/ distantly on their work - for instance those belonging to the Trento Group, and the independent contractor distinction, the ‘course of employment’ requirement and the 22 Social Justice Group. The papers between them represent the most comprehensive need for a tort to have been committed. The relationship between vicarious liability attempt so far to survey the state of the codifi cation project, its theoretical, political and other rules of attribution, such as joint and several liability and the doctrine of and federal foundations and the future prospects for enforcement and compliance. agency, are also explored in an attempt to address current conceptual confusions Roger Brownsword is Professor of Law at King’s College London. Hans-W Micklitz is surrounding the notion of liability for the acts of others. Director of Graduate Studies and Professor of Economic Law at the European Claire McIvor is a Senior Lecturer in Law at University of Birmingham. University Institute in Italy. Leone Niglia is an Associate Professor in Law at the University of Exeter. Stephen Weatherill is Jacques Delors Professor of European Law at Paperback 9781841138657 296pp Dec 11 £50 / €65 / US$100 Oxford University and a Fellow of Somerville College.

Hardback 9781849460651 606pp Aug 11 £85 / €110.50 / US$170 The German Law of Torts JuxtaposingJ Autonomy Fifth Edition anda Paternalism in Basil Markesinis and PrivateP Law Hannes Unberath with EditedE by Anthony Ogus and Jörg Fedtke and Angus Johnston WillemW H van Boom

SinceSi its it fi rst t appearance iin 1986 this book has won uniform praise from many of the world’s leading comparatists, has been acclaimed by senior judges, and has been cited by the courts of many countries. This new edition of the work, again Selectinglbl an appropriate balance in the law between autonomy and paternalism is an substantially updated, contains over 150 leading judgments, most translated in their important and diffi cult task, requiring a careful consideration of moral, political and entirety, along with references to over 2000 other decisions from Germany and the economic values. This collection deals with the task at both general and specifi c levels, common law world. While the book remains an ideal tool for teaching comparative locating itself within the broader context of the relationship between law and market torts and comparative methodology, it is also an indispensable source of inspiration forces. Concepts are defi ned and analysed, in particular the distinction between the for those with a professional interest in international tort litigation and law reform coercive approach of ‘hard paternalism’ in the law, and the ‘nudge’ approach of ‘soft in the area. Topics discussed include economic loss, psychiatric injury, wrongful birth, paternalism’. Attention is then focused on how the tensions between the concepts are life and sterilisation cases, products liability, traffi c accidents, accidents at work, resolved in the law of contract, where defi cient information and mistakes can justify environmental liability, and compensation for personal injuries and death. an interventionist approach. Besides overviews of the issues within the general law of contract, and historical studies of the relevant principles in the common law and Sir Basil Markesinis QC FBA is Jamail Regents Chair in Law, University of Texas at Austin. Roman law, the book also includes studies of specifi c areas, notably insurance contracts Hannes Unberath is Professor of Law at the University of Bayreuth. Jörg Fedtke is A.N. and consumer bankruptcy. The authors, from North America, the United Kingdom and Yiannopoulos Professor in Comparative and International Law at Tulane University. continental Europe, include economists, sociologists and traditional legal scholars. Angus Johnston is Senior Law Fellow and CUF Lecturer at University College Oxford.

Anthony Ogus is Emeritus Professor at the University of Manchester and Erasmus Paperback 9781849461696 1246pp Aug 11 £75 / €97.50 / US$150 Professor of Fundamentals of Private Law, Erasmus School of Law, Rotterdam. Willem H van Boom is Professor of Law at Erasmus School of Law, Rotterdam.

Paperback 9781849461184 240pp May 11 £40 / €52 / US$80 UnjustU Enrichment byb Transfer in South African Law See also... Unjust Factors or Absence of Liability Insurance in International Arbitration: The Bermuda Form, Legal Ground Richard Jacobs QC, Lorelie S Masters and Paul Stanely QC Page 42 The Principles of Personal Property Law Duncan Sheehan Page 60 Helen Scott An Introduction to the Law on Financial Investment Ian G MacNeil Page 6

Hardback 9781849462235 214pp Aug 11 £55 / €71.50 / US$110

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ImageI and Art and Copyright PublicityP Rights Second Edition ExploitationE and Legal Control Simon Stokes GillianG Black

Commentators are divided on the issues surrounding the regulation and commercial The intellectual property protection afforded to works of art continues to receive 23 exploitation of publicity. ‘Publicity’ is the use of an individual’s name, image or increased attention from artists, museums, galleries, auction houses, publishers and reputation to promote products or to provide media coverage, often in gossip their professional staff and legal advisors, as well as from those teaching or studying magazines and the tabloid press. This book provides a theoretical and multi- copyright and/or the law of cultural property. This was the fi rst text to examine in detail jurisdictional review of the nature of publicity practice and its appropriate legal the intellectual property rights protecting artistic works and artists’ rights generally in regulation. The book includes a detailed exploration of the arguments for and against the United Kingdom. First published in 2001, Art and Copyright has established itself publicity rights. The book examines current academic and judicial perspectives on as a leading text in the fi eld. Now revised and updated, the second edition includes publicity rights in a range of jurisdictions, drawing out similarities and differences, and expanded coverage of Artist’s Resale Right and the relationship between designs revealing a picture of current thinking and practice which is intellectually incoherent. By law and artistic works, as well as greater coverage of new media and art, and digital then clearly defi ning the practice of publicity and examining justifi cations, the author is developments generally. It also includes additional precedent materials and checklists. able to bring the nature and shape of the right of publicity into much sharper focus. The It remains an invaluable work for all those involved in art law and for intellectual author concludes by arguing for a publicity right which provides a degree of protection for property lawyers involved with the exploitation and/or sale of artistic works, as well the individual but which is signifi cantly curtailed to recognise valid competing interests, as for intellectual property academics, researchers, law students, curators, publishers, such as the public interest. This is a work which will be of interest to academics and artists, gallery owners and all those interested in how the law protects artistic works. practitioners working in the fi eld of publicity, privacy and intellectual property. Simon Stokes is a partner with Blake Lapthorn in London and a Visiting Research Gillian Black is a Lecturer in Law at Edinburgh University. Fellow at Bournemouth Law School.

Hardback 9781849460545 208pp Jan 11 £45 / €58.50 / US$90 Paperback 9781849461627 276pp Sep 11 £35 / €45 / US$70

IntellectualI Property IntellectualI Property OverlapsO LawL and Policy A European Perspective VolumeV 12 Estelle Derclaye and Matthias Leistner EditedE by Hugh C Hansen

Intellectual property rights, conventionally seen as quite distinct, are increasingly This is the 17th Annual volume in the series collecting the presentations and discussion overlapping with one another. There are several reasons for this: the expansion of IPRs from the Annual Fordham IP Conference. The contributions, by leading world experts, beyond their traditional borders, the creation of new IPRs especially at EU level, the analyse the most pressing issues in copyright, trademark and patent law as seen from exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its as an alternative when IPRs are either not available at all or expired. At the same time predecessors makes a valuable and lasting contribution to the discourse in IP law, as there are very few rules which cater for the sort of regime clash that any overlap of well as trade and competition law. The contents, while always informative, are also IPRs necessarily entails. This book’s aim is to fi nd appropriate rules to regulate overlaps critical and questioning of new developments and policy concerns. and thereby avoid regime confl icts and undue unstructured expansion of IPRs. The Hugh C Hansen is Professor of Law and Director, Fordham University School of Law, book studies the practical consequences of each overlap at the international, European Intellectual Property Law and Policy Institute. and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis Hardback 9781849460576 932pp Jul 11 £125 / €162 / US$250 enables the determination of criteria that can be used to (re)map the overlaps, the overarching principle guiding this mapping exercise being that of free competition; IPRs are an exception to this principle, though a public domain must exist. See also... Estelle Derclaye is Associate Professor and Reader in Intellectual Property Law at Interpreting TRIPS: Hiroko Yamane Page 47 the University of Nottingham. Matthias Leistner holds the Chair for Civil Law, Refusals to Licence Intellectual Property: Ian Eagles and Louise Longdin Page 13 Intellectual Property and Competition Law at the University of Bonn. ‘Expert Privilege’ in Civil Evidence Paul England Page 55 Intellectual Property, Competition Law and Economics in Asia Hardback 9781841139500 378pp May 11 £70 / €91 / US$140 Edited by Ian McEwin Page 11

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Crimes, Harms and Wrongs On the Principles of Criminalisation A P Simester and Andreas von Hirsch

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifi able range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? 24 Crimes, Harms and Wrongs is a philosophical analysis of the nature, signifi cance and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour and ‘paternalistic’ prohibitions aimed at preventing self-harm. Their aim is to develop guiding principles for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the fi eld. In Crimes, Harms and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically sophisticated account that will be of great interest to legal academics, philosophers and advanced students alike.

A P Simester is Professor of Law at the National University of Singapore and Fellow of Wolfson College, University of Cambridge. Andreas von Hirsch is Honorary Professor of Penal Theory at the University of Cambridge and Honorary Hardback 9781841139401 198pp Jul 11 £45 / €58.50 / US$90 Professor of Criminal Law at the Goethe-University of Frankfurt.

RethinkingR Criminal See also... LawL Theory NewN Canadian Perspectives in Anti-Bribery Risk Assessment: A Handbook Edited by Thomas Gruetzner, Ulf Hommel and Klaus Moosmayer Page 7 thet Philosophy of Domestic, Inquests John Cooper Page 34 Transnational,T and Sentencing in International Criminal Law: The Approach of International Criminal Law the Two ad hoc Tribunals and Future Perspectives for the International Criminal Court Silvia D’Ascoli Page 43 Edited by Francois Tanguay-Renaud The Rights and Responsibilities of Children in Youth Crime and James Stribopoulos Kathryn Hollingsworth Page 25 Criminal Evidence and Human Rights: In the last two decades, the philosophy of criminal law has undergone a vibrant Reimagining Common Law Procedural Traditions, revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles Edited by Paul Roberts and Jill Hunter Page 34 of legal, moral, and political philosophy when elaborating its criminal law Criminalising Cartels: Critical Studies of an jurisprudence. Canadian scholars have followed suit by paying increased attention International Regulatory Movement to the philosophical foundations of domestic criminal law. Because of Canada’s Edited by Caron Beaton-Wells and Ariel Ezrachi Page 9 leadership in international criminal law, both at the level of the International International and European Criminal Law Helmut Satzger Page 44 Criminal Court and of specifi c war crimes tribunals, they have also begun to turn The Illicit Trade in Art and Antiquities: International Recovery and their attention to international criminal law per se. This collection seeks to bring Criminal and Civil Liability Janet Ulph and Ian Smith Page 43 all these Canadian voices together for the fi rst time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German, and American traditions. The topics covered include the legitimate scope of domestic and international criminalisation, rationales for criminal law defenses in both domestic and international law, the philosophical underpinnings of specifi c crimes and forms of joint responsibility, as well as the theorisation of criminal procedure and evidence law. François Tanguay-Renaud is an Assistant Professor of Law at Osgoode Hall Law School, York University, Toronto. James Stribopoulos is an Associate Professor of Law at Osgoode Hall Law School, York University, Toronto.

Hardback 9781849460101 334pp Nov 11 £50 / €65 / US$100

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Emotions, Crime and Justice Edited by Susanne Karstedt, Ian Loader and Heather Strang

The return of emotions to debates about crime and criminal justice has been a striking development of recent decades across many jurisdictions. This has been registered in the return of shame to justice procedures, a heightened focus on victims and their emotional needs, fear of crime as a major preoccupation of citizens and politicians, and highly emotionalised public discourses on crime and justice. But how can we best make sense of these developments? This volume brings together leading criminologists and sociologists in a much needed conversation about how to re-calibrate reason and 25 emotion in crime and justice today. The contributions range from the micro-analysis of emotions in violent encounters to the paradoxes and tensions that arise from the emotionalisation of criminal justice in the public sphere. They explore the emotional labour of workers in police and penal institutions, the justice experiences of victims and offenders, and the role of vengeance, forgiveness and regret in the aftermath of violence and confl ict resolution. The result is a set of original essays which offer a fresh and timely perspective on problems of crime and justice in contemporary liberal democracies.

Susanne Karstedt is Professor of Criminology and Criminal Justice at the Centre for Criminal Justice Studies, School of Law, University of Leeds. Ian Loader is Hardback 9781849461610 322pp Apr 11 £50 / €65 / US$100 Professor of Criminology and Director of the Centre for Criminology at the Oñati International Series in Law and Society University of Oxford, and a Fellow of All Souls College. Heather Strang is Director of the Centre for Restorative Justice in the Regulatory Institutions Network at the Australian National University and Senior Research Fellow at the Institute of Criminology, University of Cambridge.

SettingS the Watch TheT Rights and PrivacyP and the Ethics of Responsibilities of CCCTV Surveillance ChildrenC in Youth Crime Beatrice von Silva-Tarouca Larsen Kathryn Hollingsworth

ManyM libliberals l consider id CCTV surveillance in public places to be an infringement of The importance of protecting protectin the rights of child offenders is well recognised in important privacy-based rights. However there has been little public, or academic, national and international law, domestic policy and the European courts. But discussion about and analysis of the underlying principles and ethical issues. What although children’s rights in the youth justice system are well recognised, they rights of privacy or anonymity do people have when abroad in public space? are less well protected. This failing is due in part to a lack of clarity about what What is the rationale of these rights? In what respect does CCTV surveillance is meant by children’s rights in the youth justice system, and in particular the compromise them? To what extent does the state’s interest in crime prevention diffi culty of balancing the dual status and rights of the child as offender and the warrant encroachment upon such privacy/anonymity rights? This book offers the fi rst child as child. This book provides a deep examination of children’s rights in the extended, systematic treatment of these issues. In it the author develops a theory youth crime context in England and Wales, developing a framework which clarifi es concerning the normative basis of the entitlement to privacy/anonymity in public how children’s rights should be protected, and in particular how to accommodate space - a theory based on notions of liberty and dignity. She examines in depth the child’s dual status as offender and child. The book also provides a detailed how CCTV surveillance might compromise these entitlements, drawing on everyday analysis of the law, policy and jurisprudence relating to children’s rights across conventions of nonattendance among people in the public domain, and considering the youth justice system, including chapters on the child’s rights in the pre-crime/ whether and to what extent crime-control concerns might justify overriding these preventative context; pre-trial rights; the right to effective participation; privacy entitlements. Her conclusion is that they might do so only in certain restrictively- rights; the child’s right to liberty and family life; the rights of the child as prisoner; defi ned situations, and the book therefore ends with a proposal for a scheme of and the relationship between the child’s rights and parental responsibility. regulation which might be appropriate for CCTV. Kathryn Hollingsworth is a Senior Lecturer in Law at King’s College London. Beatrice von Silva-Tarouca Larsen is a lawyer living in London. Paperback 9781849460064 364pp Dec 11 £35 / €45.50 / US$70 Hardback 9781849460842 214pp Jan 11 £45 / €59 / US$90

Studies in Penal Theory and Penal Ethics

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TravelsT of the The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular CriminalC Question cultural contexts. This collection of essays seeks a constructive comparative view of CulturalC Embeddedness these tendencies to convergence and divergence. aand Diffusion Dario Melossi is a Professor of Criminology in the Faculty of Law at the University of Bologna. Máximo Sozzo is a Professor at the National University of Litoral, EditedE by Dario Melossi, Máximo Sozzo Santa Fe, Argentina. Richard Sparks is Professor of Criminology in the School of aand Richard Sparks Law at the University of Edinburgh.

Hardback 9781849460767 214pp Jan 11 £45 / €58 / US$90 Paperback 9781849460774 214pp Jan 11 £22 / €29 / US$44 The expression ‘the criminal question’ does not at present have much currency in Oñati International Series in Law and Society English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One defi nition offered early in the debate See also... described it as ‘an area constituted by actions, institutions, policies and discourses whose boundaries shift’. How far do the responses to crime and punishment Crimes, Harms and Wrongs: On the Principles of Criminalisation internationally fl ow from and owe their contemporary shape to ‘globalisation’? A P Simester and Andreas von Hirsch Page 24 How can something that is embedded, situated, and locally produced also travel? 26 What is not in doubt is that it does travel - and travel with serious consequences. Energy, Environmental & Natural Resources Law

Environmental Judicial Review Richard Moules

Judicial review of environmental decisions is a growing part of public law, but the extent of application of general principles of judicial review in this context is under-explored. This book provides a detailed and critical account of environmental judicial review in both domestic and EU law. Part 1 explains the central principles of environmental law and shows how they infl uence the application of public law standards of legality. Part 2 considers the procedure for judicial review with particular emphasis on standing, protective costs, and the availability of interim relief. Part 3 consists of a detailed examination of how each of the grounds for judicial review are applied in the environmental context, highlighting the increased emphasis on consultation and public participation, deference to scientifi c and political judgments, and the preva- lence of ‘hard-edged’ questions of law. Part 4 focuses on EU law and examines direct and indirect actions before the EU courts, preliminary references, and state liability. Part 5 explains the complex regime governing access to environmental information. Finally, Part 6 considers infraction proceedings brought by the EU Commission, the role of individuals and NGOs in relation to such proceedings and the interrelationships between infraction proceedings and judicial review.

Richard Moules is a barrister at Landmark Chambers, and a Fellow of Fitzwilliam College, Cambridge University. Hardback 9781849460019 368pp Jul 11 £65 / €84.50 / US$130

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CarbonC Capture EnvironmentalE anda Storage IntegrationI in the EU’s EmergingE Legal and ExternalE Relations Regulatory Issues BeyondB Multilateral Dimensions Edited by Ian Havercroft, Richard Macrory Gracia Marín Durán and Elisa Morgera aand Richard B Stewart

CarbonCb capture and d storage is increasingly viewed as a potent way of dealing with Thehb book k examines i the hlil little-explored unilateral, bilateral and inter-regional green house gas emissions. With the fi rst demonstration plants on the horizon, recent dimensions of EU external environmental policy in light of the Treaty-based years have seen remarkable legal developments in Australia, the EU and the USA, as requirement of environmental integration, both at the formulation and at the the design of effective legal regimes gathers pace. The challenges for national and implementation stages. The book thus explores for the fi rst time the interplay international law are diverse: without stifl ing a highly valuable new technology, the between these dimensions of the EU’s external environmental activities and law must engage with the problems of long term liability for storage, the regulation of international environmental law from a dual perspective. On the one hand, transport, the treatment of stored carbon under emissions trading regimes, issues of it identifi es the legal and other instruments used by the EU to support the property ownership, and the sensitivities of public engagement and perception. implementation of multilateral environmental agreements in third countries (particularly developing ones) and on the other it singles out the legal tools This important book gathers some of the world’s leading practitioners and scholars employed by the EU to build partnerships with third countries as part of 27 to provide a critical assessment of progress to date, covering developments in the process of infl uencing multilateral negotiations on the environment and international law, the EU, North America, and Australia, with perspectives from China sustainable development. Ultimately, the book traces the evolution of, and and India. Finance and questions of public perception and participation receive complex interaction between, the multiple legal tools deployed by the EU particular attention. Throughout, the authors examine signifi cant trends, critically to integrate environmental concerns in its external relations, with a view to evaluate progress to date, and identify key legal gaps and obstacles still requiring examining emerging challenges and future directions. attention. This book will be essential reading for lawyers, policy-makers, and decision- makers in industry involved in climate change policy and law. Gracia Marín Durán is Lecturer in International Economic Law at the University of Edinburgh. Ian Havercroft is a barrister and senior research fellow with the UCL Carbon Elisa Morgera is Lecturer in European Environmental Law Capture Legal Programme. Richard Macrory is a barrister, and Professor of at the University of Edinburgh. Environmental Law at University College, London. Richard B Stewart is the John Edward Sexton Professor of Law at NYU. Hardback 9781849461870 268pp Oct 11 £50 / €65 / US$100

Hardback 9781841132686 468pp Jul 11 £125 / €162.50 / US$250 Modern Studies in European Law

InternationalI EnvironmentalE Law UlrichU Beyerlin and Thilo Marauhn

This new textbook, written for students and practitioners, aims to provide a fresh understanding of international environmental law in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book is selective, and adopts a cross-cutting synthesis, so as to be of a manageable size. This also enables the reader to place the law in the context of public international law in general, revealing the experimental aspect of international environmental law in the wider arena of global governance. Apart from discussing concepts, rule-making and compliance, the book also looks at options for improved coordination, harmonisation and integration in existing multilateral environmental agreements, analysing how confl icts between various environmental regimes can be avoided or managed. The authors argue that the management of international environmental relations must address the North-South divide – a continuing obstacle to global environmental cooperation – and that greater recognition must be given to the human rights dimension of international environmental law. This book is an ideal ‘door opener’ for the further study of international environmental law. Ulrich Beyerlin is a retired Professor of Public Law and International Law at the Max Planck Institute for Comparative Public Law and International Law and the University of Heidelberg. Thilo Marauhn is Professor of Public Law, International and European Law at University of Gießen, Germany.

Paperback 9781841139241 445pp Jun 11 £30 / €39 / US$60

Hart/Beck

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Fiduciary Loyalty Protecting the Due Performance of Non-Fiduciary Duties Matthew Conaglen

Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fi duciary duties. 28 The book takes the novel approach of putting to one side the diffi cult question of when fi duciary duties arise in order to focus attention instead on what fi duciary duties do when they are owed. The analysis advanced in the book has both practical and theoretical implications for understandingd t di fidfi duciary i ddoctrine. t i Understanding the relationship between fi duciary and non-fi duciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. “... This is the fi rst work in many years which covers this Matthew Conaglen is a University Senior Lecturer in Law at the University of important and diffi cult fi eld. It is bound to be established Cambridge and a Fellow of Trinity Hall. as a fi rst port of call for all branches of the legal Paperback 9781849462143 332pp Aug 11 £25 / €32.50 / US$50 profession when grappling with fi duciary law.” Australian Law Journal “... an outstanding book that represents the culmination of ten years of research and refl ection. It is a work of exceptional scholarship that provides much insight and clarity into the theoretical and practical operation of fi duciary doctrine and, in particular, the fi duciary obligation of loyalty.” Trusts and Estates Law and Tax Journal

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Wyatt and Dashwood’s European Union Law Sixth Edition 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 29 intervening years new editions have appeared at regular intervals, fi rmly 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. Part I introduces the history and foundations of the Union’s primary law. Part II looks at the Union’s institutions, decision-making procedures and competences. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. Part V covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, corporate establishment and company law harmonisation. Part VI deals with ompetition law: Articles 101, 102 TFEU, enforcement issues and other related competition issues. Part VII then includes two brand new chapters – one dealing with the area of freedom, security and justice, the other concerned with the EU’s external relations. 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. This edition refl ects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a signifi cant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work.

Alan Dashwood CBE, QC, is Professor of European Law and Fellow of Sidney Paperback 9781849461269 1044pp Jun 11 £35.95 / €47 / US$70 Sussex College, Cambridge University. Michael Dougan is Professor of European Law at the University of Liverpool. Barry Rodger is Professor of Law at the University of Strathclyde. Eleanor Spaventa is a Reader in Law at Durham University. Derrick Wyatt QC is Emeritus Professor of European Law and Fellow of St Edmund Hall, Oxford University.

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EU Law for Principles of European UK Lawyers Constitutional Law Second Edition Second Edition Aidan O’Neill Edited by Armin von Bogdandy and Jürgen Bast

This is the second edition of this concise yet wide-ranging survey of EU law. It The second, revised and enlarged edition of this work provides a scholarly sets out very clearly the broad shape of the EU legal system while also giving account of European constitutional law following the Treaty of Lisbon. The the reader a good feel for the policy motivations in the Court and the scope of EU’s foundational treaties mandate the exercise of public authority, establish legislative activity. It is an ideal introduction to the subject. Among the additions a hierarchy of norms, legitimise legal acts, provide for citizenship and grant and changes in this expanded edition the book addresses the impact of all the fundamental rights. The contributors demonstrate how a constitutional approach recent Treaty revisions and includes a new chapter on Agency and Distribution furthers understanding of the core issues of EU law, how it offers theoretical and agreements, a broader chapter on discrimination law generally, and a new chapter doctrinal insights, and how it adds critical perspective. on private international law issues in EU law. “... mandatory reading for anyone who wants to get a holistic 30 Aidan O’Neill QC is an associate member of Matrix Chambers and a perspective of the academic debate on Europe’s constitutional member of the Ampersand Stable, Edinburgh. foundations ... It is impossible to present the richness of thought contained in the 833 pages of the book in a short review.” Hardback 9781841130460 688pp Sep 11 £75 / €97.50 / US$150 Common Market Law Review “... an enduring scholarly work, which gives an English-speaking PublicP Liability in audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... EUE Law unhesitatingly recommend[ed].” European Law Journal Brasserie,B Bergaderm Armin von Bogdandy is director at the Max Planck Institute for Comparative Public aand Beyond Law and International Law, Heidelberg. Jürgen Bast is a senior research fellow at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg. PekkaP Aalto Paperback 9781849462112 856pp Jan 11 £40 / €52 / US$80

Hart/Beck

Public law liability for breaches of European Union law has been subject to A Constitutional remarkable developments during the last two decades. This book examines the convergence between its two constituent systems: the damages liability of the EU OrderO of States? and of its Member States for breaches of EU law. EssaysE in EU Law in Honour The focus of the book is on the two liability criteria common to both systems, oof Alan Dashwood namely the grant of rights to individuals and suffi ciently serious breach of EU law. The analysis concentrates on the case law of the ECJ and the General Court EditedE by Anthony Arnull, since the Bergaderm judgment (2000), which established the idea of convergence CCatherine Barnard, Michael Dougan between the two systems. The two criteria are then set side by side to evaluate and Eleanor Spaventa convergence and to uncover elements of mutual infl uence. This collection celebrates the career of Professor Alan Dashwood, a leading The book shows that although full convergence is not likely, the case law could member of the generation of British academics who organised, explained and and should be used more actively to develop each of the two public liability analysed what we now call European Union law for the benefi t of lawyers trained systems, and that convergence of the two liability systems has also had spill-over in the common law tradition. It takes as its starting point Professor Dashwood’s effects in national public liability law. vivid description of the European Union as a ‘constitutional order of states’. He Pekka Aalto is a Legal Secretary to Advocate General Niilo Jääskinen at the Court intended that phrase to capture the unique character of the Union. On the one of Justice of the European Union. hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration Hardback 9781849461337 246pp Sep 11 £65 / €85 / US$130 into, the national legal systems. On the other hand, it remains an organisation Modern Studies in European Law of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, offi cials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fi elds of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union. Anthony Arnull is Barber Professor of Jurisprudence at the University of Birmingham. Catherine Barnard is a Fellow of Trinity College and Professor in Law, University of Cambridge. Michael Dougan is Professor of European Law at the University of Liverpool. Eleanor Spaventa is a Reader in Law at Durham University.

Hardback 9781849460460 718pp Mar 11 £90 / €117 / US$180

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Europe’sE Constitutional European Law Reports MosaicM of Cases in the United EditedE by Neil Walker, Jo Shaw Kingdom and Ireland aand Stephen Tierney David Vaughan CBE QC, Brick Court Chambers

The European Law Reports rereport the most important judgments involving issues This book explores the complex constitutional arrangements of the European of European Union law decided by national courts and tribunals in the UK and space as an inter-connected mosaic. The premise of the book is that much of Ireland. With 50% of the cases featured not covered elsewhere, including many the recent debate, while important, offers only a partial vision of the complex cited in judgments of the higher courts, this is a crucial body of law in a wide constitutional terrain of contemporary Europe. It is essential to explore other range of commercial and public law matters. It is essential for anyone working threads of normative authority within and across states, embracing internal challenges where EU law arises. to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime (in particular through the ECHR); as well as Europe’s ever Volume 15, 2011 (6 issues) Print ISSN 1091-3297and Online ISSN 1757-840X thicker relations with broader international institutions, especially those of the United Institutional Subscription Rates Nations. Together these create increasingly dense networks of constitutional authority Print with free online access: £330 (UK and Europe) / £350 (Overseas) within the European space. This fl uid and multi-dimensional dynamic is diffi cult to 31 Online Only: £297 (Worldwide) classify, and may seem impenetrable, but that makes the academic challenge all the WWW.HARTJOURNALS.CO.UK/EULR more important. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe BeyondB the Established in order to address these complex issues. Legal Orders Neil Walker is Professor of Public Law and the Law of Nature and Nations, Jo Shaw is Salvesen Chair of European Institutions and Stephen Tierney is Professor of Policy Interconnections Constitutional Theory at the School of Law at the University of Edinburgh. between the EU and the Paperback 9781841139791 404pp Apr 11 £60 / €78 / US$120 Rest of the World Edited by Malcolm Evans and EUE Counter-Terrorism Panos Koutrakos

Pre-EmptionP and the A lively debate on the constitutionalisation of the international legal order has RRule of Law emerged in recent years and a similar debate has taken place within the European Union. This book complements that debate, exploring the underlying realities CianC Murphy which the moves towards constitutionalism seek to address. Focusing on the EU’s substantive interconnections with the rest of the world, it assesses their impact in the development of its legal order and in the international community. Thus this collection examines policy areas of economic governance (trade, fi nancial services, migration, environment), political governance (human rights, criminal law, responses to fi nancing terrorism), security governance (counter-terrorism, use of force, non- This a detailed study of EU action to combat terrorism since September 11 2001 proliferation), and the issue of the emergence of European and global values. How and the implications of that action for the EU legal order. In particular it critically are these areas shaped by the interaction between EU law and other legal orders examines how EU counter-terrorism measures in the ‘war on terror’ have affected and polities? In what ways does the EU impact on other transnational legal systems? rule of law principles. The book opens with a critical examination of the rule of And how are its own rules and principles shaped by such systems? These questions law in the EU legal order. It then provides an overview of the ‘war on terrorism’ are addressed in the light of the specifi c legal and political context within which the before analysing fi ve key facets of EU counter-terrorism: the common European EU pursues its policies by interacting with the rest of the world. defi nition of terrorism and related offences contained in the Framework Decision on Combating Terrorism; anti-money laundering and counter-terrorist fi nance laws; Malcolm Evans is Professor of Public International Law at the University of Bristol. UN and EU targeted asset-freezing sanctions; data retention measures such as Panos Koutrakos is Professor of European Union Law at the University of Bristol. the Data Retention Directive and the Passenger Name Records agreements; and Hardback 9781849461481 340pp Apr 11 £50 / €65 / US$100 the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law, bypassing safeguards to emphasise coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. Cian Murphy is Lecturer in Law at King’s College London.

Hardback 9781849461351 272pp Sep 11 £50 / €65 / US$100

Modern Studies in European Law

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ProhibitionP of TheT Cyprus Issue AbuseA of Law TheT Four Freedoms in a A New General Principle Member State under Siege oof EU Law Nikos Skoutaris EditedE by Rita de la Feria and SStefan Vogenauer

ThehCfi European Court of Justice has been alluding to ‘abuse and abusive practices’ Thishi book b k examines i hhow the h EU legal order has tackled the de facto division of for more than thirty years, but for a long time the signifi cance of these references Cyprus. Despite the partial normalisation of relations between the two ethno-religious has been unclear. Few lawyers examined the case law, and those who did doubted groups on the island, Cyprus’ accession to the EU has not brought reunifi cation, whether it had led to the development of a legal principle. Within the last few the restoration of human rights, or the end to the political and economic isolation years there has been a radical change of attitude, largely due to the development of the Turkish Cypriot community. Ironically the accession has actually added a new by the Court of an abuse test and its application within the fi eld of taxation. dimension to the division of the island. According to Protocol 10 on Cyprus to the Act In this book, academics and practitioners from all over Europe discuss the of Accession 2003, the Republic of Cyprus joined the Union with its entire territory. development of the Court’s approach to abuse of law across the whole spectrum However, due to the fact that its Government cannot exercise effective control over of European Union law, analysing the case-law from the 1970s to the present the whole island, pending a settlement, the application of the acquis is ‘suspended 32 day and exploring the consequences of the introduction of the newly designated in those areas of the Republic of Cyprus in which the Government of the Republic of ‘principle of prohibition of abuse of law’ for the development of the laws of the Cyprus does not have effective control.’ Given this unprecedented situation, the book EU and those of the Member States. analyses the limits of the suspension of the Union acquis in the areas north of the Green Line. The particular challenge of this book is to map the application of Union Rita de la Feria is a Senior Research Fellow at the Oxford University Centre for law in an area where there are two competing claims of authority. Business Taxation. Stefan Vogenauer is Professor of Comparative Law at the University of Oxford and a Fellow of Brasenose College. Nikos Skoutaris is an Assistant Professor in the International and European Law Department of Maastricht University. Hardback 9781841139388 532pp Jan 11 £85 / €110.50 / US$170

Hardback 9781849460958 232pp Feb 11 £55 / €72 / US$110 Studies of the Oxford Institute of European and Comparative Law

TheT European Union and CambridgeC Yearbook of GlobalG Emergencies EuropeanE Legal Studies A Law and Policy Analysis VolumeV 13, 2010-2011 EditedE by Antonis Antoniadis, Edited by Catherine Barnard Robert Schütze and Eleanor Spaventa R aand Okeoghene Odudu

This collection of essays provides a legal and policy analysis of the European Theh Cambridgebd Yearbook b k of f European Legal Studies provides a forum for the scrutiny Union’s involvement in global emergencies. Bringing together leading academics of signifi cant issues in EU Law, the law of the European Convention on Human and offi cials from the European Institutions, it offers a sophisticated analysis of the Rights, and Comparative Law with a ‘European’ dimension, particularly those theoretical and practical issues arising from the EU’s action and reaction to global issues which have come to the fore during the year preceding publication. The challenges. The issues covered include the global fi nancial system, climate change, contributions appearing in the collection are commissioned by the Centre for global security and the prevention of terrorism, as well as global public health and European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of threats to food, energy and water security. These subjects are all highly topical the University of Cambridge specialising in European legal issues. and the essays in this collection will therefore appeal to academics (especially legal academics and political scientists), legal practitioners and policy makers. The The papers presented are at the cutting edge of the fi elds which they address, contributions to this book take account of the amendments introduced by the and refl ect the views of recognised experts drawn from the academic world, legal Lisbon Treaty, making it especially relevant. practice, and the institutions of both the EU and its Member States. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing Antonis Antoniadis is a Legal Offi cer at the Offi ce of the European Ombudsman, to keep pace with legal developments in the fast moving world of European and a Lecturer in Law at Durham University. Robert Schütze is a Reader in Law at integration. Durham University. Eleanor Spaventa is a Reader in Law at Durham University. Catherine Barnard is Professor of EU and Employment Law and Fellow of Trinity Hardback 9781849460828 300pp Jun 11 £50 / €65 / US$100 College, University of Cambridge. Okeoghene Odudu is Herchel Smith Lecturer in Modern Studies in European Law Law and a Fellow of Emmanuel College, University of Cambridge.

Hardback 9781849461993 502pp Dec 11 £125 / €162.50 / US$250

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SingleS Common Market REACHR - Regulation OrganisationO TheT European Regulation on (Regulation( (EC) 1234/2007) RRegistration, Evaluation, A Commentary AAuthorisation and Restriction of EditedE by Rudolf Mögele and CChemical Substances: A Handbook FFriedrich Erlbacher EditedE by Dieter Drohmann and Matthew Townsend

The Single Common Market Organisation (Regulation (EC) 1234/2007) (sCMO) brings Council Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, together in one single document more than 40 separate regulations governing the Authorisation and Restriction of Chemicals (REACH) constitutes the basic law various agricultural market organisations in the European Union. In this manner for any business concerned with chemical substances in the EU. This handbook the regulatory scope of the Common Agricultural Policy (CAP) has been simplifi ed. covers all the relevant issues from initial registration to enforcement. The Thanks to the Regulation a fi eld of law which, despite its political and economic structure of the handbook is as follows: The Politics of REACH; Scope of REACH; importance for Europe, has been very diffi cult to access, has become much clearer Registration of Substances; Status of non-Community Manufacturers and the and more transparent. This Commentary describes and amplifi es the meaning of Only Representatives; Joint Submission; Data Sharing in the SIEF; Formation the Regulation and will guide readers through its many intricacies. and Operation of Consortia; Substances in Articles; Information Requirements in the Supply Chain; Downstream Users; Classifi cation and Labelling Inventory; Rudolf Mögele is Director at the DG Agriculture and Rural Development of 33 the European Commission. Friedrich Erlbacher is member of the Commission’s Evaluation, Authorisation and Restriction; Legal Actions and Appeals; Enforcement; Legal Service. A Business Strategy for Enterprises.

Hardback 9781841139944 812pp Apr 11 £218 / €261 / US$436 Dieter Drohmann is Managing Director of Chemservice, specialised in the implementation of REACH. Matthew Townsend is a partner of Allen & Overy LLP in Beck/Hart London, in charge of regulatory industries, including REACH.

Hardback 9781849461948 800pp Sep 11 £250 / €250 / US$500 SwedishS Studies in EuropeanE Law Beck/Hart VolumeV 3, 2008 EditedE by Hans Henrik Lidgard See also...

Cases and Materials on EU Private International Law Stefania Bariatti Page 59 Direct Investment, National Champions and EU Treaty Freedoms: From Maastricht to Lisbon Frank S Benyon Page 46 The Swedish Network for European Legal Studies is happy to announce the EU Distribution Law Joanna Goyder Page 10 third volume in this series of annual publications which acts as a forum for the EU Employment Law Jeff Kenner Page 48 publication of studies on European law by Swedish scholars. The annual this year European Competition Law Annual 2009: The Evaluation focuses on competition aspects of intellectual property law, and contains peer- of Evidence and its Judicial Review in Competition Cases reviewed articles aimed at spreading Swedish legal research on European law to Edited by Claus-Dieter Ehlermann and Mel Marquis Page 14 a wide international audience. The editor of the yearbook is Hans Henrik Lidgard. European Competition Law Annual 2010: Merger Control The articles in the volume are concerned with European law, its development, in European and Global Perspective impact and reform. Furthermore they are original, analytical contributions to Edited by Mel Marquis and Philip Lowe Page 13 doctrinal debates and questions, by legal researchers mainly, but not exclusively, OLAF at the Crossroads connected with the Swedish universities. Constantin Stefanou, Simone White and Helen Xanthaki Page 44 Hans Henrik Lidgard is a Professor of Private Law at Lund University. The Impact of EU Law on Minority Rights Tawhida Ahmed Page 39 Values in Global Administrative Law. Edited by Gordon Anthony, Hardback 9781841139449 348pp Apr 11 £55 / €71.50 / US$110 Jean-Bernard Auby, John Morison and Tom Zwart Page 18 State Aid and the European Economic Constitution Francesco de Cecco Page 10 SwedishS Studies in The Concept of Abuse in EU Competition Law: EuropeanE Law Law and Economic Approaches Pinar Akman Page 11 VolumeV 4, 2009 EditedE by Mia Rönnmar

Hardback 9781849462105 308pp Aug 11 £55 / €71.50 / US$110

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Murder, Medicine and Motherhood Emma Cunliffe

Since the early 1990s, unexplained infant death has been reformulated as a criminal justice problem within many western societies. This shift has produced wrongful convictions in more than one jurisdiction. This book uses a detailed case study of the murder trial and appeals of Kathleen Folbigg to examine the pragmatics of proof beyond a reasonable doubt. It explores how legal process, medical knowledge and expectations of motherhood work together when a mother is charged with 34 killing infants who have died in mysterious circumstances. The author argues that Folbigg, who remains in prison, was wrongly convicted. The book also employs Folbigg’s trial and appeals to consider what lessons courts have learned fromprior wrongfulfl convictions, such h as those h of Sally Clark and Angela Cannings. The author’s research demonstrates that the Folbigg court was misled about the state of medical knowledge regarding infant death, and that the case proceeded on the incorrect assumption that behavioural and scientifi c evidence provided independent proofs of guilt. Individual chapters critically assess the relationships between medical research and expert testimony; the operation of unexamined cultural assumptions about good mothering; and the manner in which contested cases are reported by the press as overwhelming.

Emma Cunliffe is an Assistant Professor in the Faculty of Law, University of British Columbia. Hardback 9781849461573 232pp Jun 11 £35 / €45 / US$70

CriminalC Evidence InquestsI anda Human Rights JohnJ Cooper ReimaginingR Common Law PProcedural Traditions EditedE by Paul Roberts and Jill Hunter

Criminalld procedure in the h common law world is being recast in the image of human The last year has seen the largest and most comprehensive reform of Coronial Law rights. Comprising sixteen essays plus the editors’ thematic introduction, this volume since the early nineteenth century. The new Coroners & Justice Act impacts upon explores various aspects of the ‘human rights revolution’ in criminal evidence and every aspect of the Inquest and this comprehensive new work lays out both the procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New substantive law and new procedure following the 2010 legislation. Zealand, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The The whole coronial process is laid out in distinct chapters, beginning with pre- contributors provide expert evaluations of their own domestic law and practice with Inquest hearings and concluding with the use of verdicts in subsequent civil and frequent reference to comparative experiences in other jurisdictions. Some essays criminal litigation, providing the reader with practical guidance from beginning to focus on specifi c topics, such as evidence obtained by torture, the presumption of end of the process and creating an invaluable reference for both the practitioner innocence, hearsay, the privilege against self-incrimination, and ‘rape shield’ laws. and student of this fast developing area of law. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national John Cooper QC, is a barrister at 25 Bedford Row, London and is one of the legal standards (especially the ECHR), and the scope for re-imagining common law leading Inquest practitioners in the country, having appeared in the Hercules, procedures through the medium of human rights. Puma and Deepcut Inquests.

This edited collection showcases the latest theoretically informed, methodologically Paperback 9781849460378 228pp Mar 11 £30 / €39 / US$60

astute and doctrinally rigorous scholarship in criminal procedure and evidence, Criminal Law Library human rights and comparative law, and will be a major addition to the literature in all of these fi elds. Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham. Jill Hunter is Professor of Law, University of New South Wales.

Hardback 9781849461726 348pp Dec 11 £55 / €72 / US$110

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Family Law, Gender and the State

Third Edition Alison Diduck and Felicity Kaganas

The third edition of this work on family law, comprising text, cases and materials, provides not only a explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that 35 underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of welfare, equality and family privacy, the book aims to offer the benefi ts of a textbook while also giving students a wide-rangingid i set t of f materials t i l ffor classroom discussion. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: “Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law ... written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels ...” Times Higher Education Reviews of the fi rst edition: “A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confi ned to family law students.” Child and Family Law Quarterly “As a teaching manual, it is excellent – a coherent feminist perspective across the entire range of family law.’ Feminist Legal Studies Alison Diduck is a Professor of Law at University College London. Felicity Kaganas is a Reader in Law at Brunel University. Paperback 9781849461498 678pp Jan 12 £30 / €39 / US$60

LandmarkL Cases in MakingM Family Law FamilyF Law A Socio Legal Account of the EditedE by Stephen Gilmore, LLegislative Process in England JonathanJ Herring and Rebecca Probert aand Wales, 1985 to 2010 MavisM Maclean (with Jacek Kurczewski)

In recent years, thehif notion of ‘family’ in the law has seen enormous changes, with the Thehl legislative ili process iis complex. A legislator may wish to send messages about enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act what constitutes desirable behaviour, or to demonstrate government’s ability to deal 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we with a local and short term issue, or to distract the electorate from other crises. Law begin to move forward into the new millennium, this is therefore an excellent time to is often, though not always, designed as a means to an end. Taking a sociological engage in ‘stock-taking’ of the landmark decisions, many of which were decided in the and empirically-based approach this book offers a rare insight into the processes by 1970s, and which have shaped modern family law. Indeed the landmark cases in family which law-makers attempt to infl uence (or fail to infl uence) human behaviour. law in England and Wales deserve detailed historical examination. These cases tend This then is an account of the legislative process in Westminster, resting on the to raise highly controversial issues, often on striking facts, frequently provoking wider author’s observations and discussion with key players while working as an academic social debate and/or extensive publicity. Consequently, the landmark cases chosen for adviser on research to the department responsible for family law making (now the this collection provide considerable scope for doctrinal analysis as well as for in-depth Ministry of Justice). Documenting the processes which occur in Whitehall, and in examination of the social or policy developments that infl uenced them. The stories particular how ministers and offi cials work together, it gives us an empirically based behind the cases often provide a fascinating insight into the complexities of family life view of the aims and functions of statute law, the different forms and relevance of and the drama that can be found in the family courts. symbolic legislation and what it can achieve, the limits to law-making and, ultimately, Stephen Gilmore is Senior Lecturer in Family Law at King’s College London. a realistic view of what law aims to accomplish, and what can be done in practice. Jonathan Herring is a University Lecturer and Fellow and Tutor in Law at Exeter Mavis Maclean is a Senior Research Associate in the Department of Social Work College, Oxford. Rebecca Probert is Professor of Law at the University of Warwick. and Social Policy, Oxford University.

Hardback 9781849461016 288pp Jul 11 £60 / €78 / US$120 Hardback 9781849462273 136pp May 11 £17.50 / €22.75 / US$35

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MaritalM Agreements and The book provides a comprehensive source of reference on ancillary relief/ matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial PrivateP Autonomy in and separation agreements in 14 jurisdictions. It offers guidance for academics ComparativeC Perspective and practitioners dealing with international matters and a basis for discussions on law reform. EditedE by Jens M Scherpe Jens Scherpe is a University Lecturer in Law and Fellow of Gonville and Caius College, Cambridge University.

Hardback 9781849460125 372pp Oct 11 £60 / €78 / US$120

This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude See also... agreements concerning their fi nancial affairs – and under which circumstances should such agreements be binding and enforceable? These marital agreements Birth Rights and Rites, Edited by Fatemeh Ebtehaj include pre-nuptial, post-nuptial and separation agreements. The book is the result of Jonathan Herring, Martin Johnson and Martin Richards Page 58 a project which investigated and compared the relevant law of England and Wales, Caring and the Law Jonathan Herring Page 57 Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Reproductive Autonomy and the Regulation of Reproduction: Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In A Framework for Law and Policy Erin Nelson Page 58 addition to these comparative law chapters the book includes a chapter on the International Child Abduction: The Inadequacies of the Law 36 ‘English practitioner’s view’, an overview of the European private international law Thalia Kruger Page 60 rules applicable to marital agreements, and a comparative analysis. Mediating International Child Abduction Cases Sarah Vigers Page 60

Gender and the Law

GenderG and Judging EditedE by Ulrike Schultz See also...

aand Gisela Shaw Challenging Gender Inequality in Tax Policy Making: Comparative Perspectives Edited by Kim Brooks, Åsa Gunnarson, Lisa Philipps and Maria Wersig Page 71 Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance? Edited by Sari Kouvo and Zoe Pearson Page 67

DoesD gender d make k a diffdifference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defi ned? These are the key questions posed in this collection of essays, by some 30 authors, from 15 countries representing all fi ve continents, whose answers draw on various theoretical approaches, including gender, feminist, and sociological theories. The book’s pressing topicality is underlined by the fact that well into the modern era male opposition to women’s admission to, and progress within, the judicial profes- sion has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential quali- ties running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even then, there remain a number of countries where even this fi rst step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women’s judicial careers. Ulrike Schultz is a senior academic in law at the Fern Universität Hagen, Germany. Gisela Shaw is Professor of German Studies at the University of the West of England, Bristol.

Hardback 9781841136400 404pp Nov 11 £40 / €52 / US$72

Oñati International Series in Law and Society

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TheT Art of Justice Law and Humanities TheT Judge’s Perspective General Editors RuthR Herz Paul Raffi eld, University of Warwick Gary Watt, University of Warwick

This book consists of a unique and intriguing collection of drawings of courtroom This is the only British journal dedicated solely to discourse around law within the 37 scenes. Entering the courtroom wearing his robe Judge Pierre Cavellat literally arts and humanities, from literature to history, classics and philosophy. Cultural had a secret up his sleeve. Hidden in it were pens and pencils, which he used to infl uences play a central role in shaping the law and its perception, but European sketch the scenes he observed from his bench during a trial. Throughout a 40 legal scholarship has neglected its humanities heritage for too long - this journal year judicial career in one of France’s more important regional appellate courts, redresses the (im)balance. Cavellat produced hundreds of revealing drawings and paintings of court scenes, Volume 5, 2011 (2 issues) Print ISSN 1752-1483 and Online ISSN 1752-1491 depicting the proceedings as well as the main actors: the prosecutors, defence Institutional Subscription Rates counsel, his fellow judges, the defendants, witnesses, policemen, the general public, as well as the courtroom itself and its architecture. The resulting vivid and Print with free online access: £90 (UK and Europe) / £100 (Overseas) uncensored impressions give an unprecedented insight into how a judge perceives Online Only: £81 (Worldwide) his profession and the institution of justice as a whole. Personal Subscription Rates Print with free online access: £60 (UK and Europe) / £65 (Overseas) The author, a judge herself, interprets the images through the lens of her own Online only: £54 (Worldwide) judicial experience, exploring how judges think and act and how their thinking is WWW.HARTJOURNALS.CO.UK/LH constructed through their education, professional training, gender and class. Ruth Herz is a former judge at the Court of Cologne and a research associate at the Centre of Criminology University of Oxford. King’s Law Journal Hardback 9781849461276 118pp Nov 11 £35 / €45 / US$70 General Editor Satvinder Juss, King’s College London (Im-(Im- Law, Innovation and Technology Edited by Roger Brownsword, King’s College London Han Somsen, University of Tilburg KLJ, the journal of the School of Law at King’s College London, aims to publish new work of the highest calibre across the full range of legal scholarship, including work in the history, philosophy, and sociology of law. Its analysis is of importance to academic research and legal practice both nationally and internationally.

StemSllhli cell research, cloning, GMOs...How does regulation affect such emerging Volume 22, 2011 (3 issues) Print ISSN 0961-5768 and Online ISSN 1757-8442 technologies? What impact do new technologies have on law? And can we rely Institutional Subscription Rates on technology itself as a regulatory tool? The meeting of law and technology Print with free online access: £120 (UK and Europe) / £135 (Overseas) is rapidly becoming an increasingly signifi cant (and controversial) topic. Law, Online Only: £108 (Worldwide) Innovation and Technology is, however, the only journal to engage fully with Personal Subscription Rates it, setting an innovative and distinctive agenda for lawyers, ethicists and policy Print with free online access: £67 (UK and Europe) / £73 (Overseas) makers. Spanning ICTs, biotechnologies, nanotechnologies, neurotechnologies, Online only: £60.30 (Worldwide) robotics and AI, it offers a unique forum for the highest level of refl ection on this WWW.HARTJOURNALS.CO.UK/KLJ essential area.

Volume 3, 2011 (2 issues) Print ISSN 1757-9961 and Online ISSN 1757-997X Institutional Subscription Rates Print with free online access: £130 (UK and Europe) / £140 (Overseas) Online Only: £117 (Worldwide) Personal Subscription Rates Print with free online access: £55 (UK and Europe) / £65 (Overseas) Online only: £49.50 (Worldwide) WWW.HARTJOURNALS.CO.UK/LIT

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Oxford University Volume 11, 2011 (2 issues) Print ISSN 1472-9342 and Online ISSN 1757-8469 Commonwealth Institutional Subscription Rates Law Journal Print with free online access: £85 (UK and Europe) / £90 (Overseas) Online Only: £76.50 (Worldwide) General Editor Personal Subscription Rates Aparna Rao, Oxford University Print with free online access: £50 (UK and Europe) / £55 (Overseas) Online only: £45 (Worldwide) WWW.HARTJOURNALS.CO.UK/OUCLJ

This is the fl flagship agship journal of o Oxford University’s postgraduate law community, produced under the aegis of the Law Faculty. It endeavours to foster international See also... academic debate and exchange on a wide range of legal topics of interest throughout the Commonwealth. It publishes articles which are concerned with a Bewigged and Bewildered?: A Guide to Becoming single jurisdiction as well as those which undertake a comparative analysis, with a Barrister in England and Wales Adam Kramer Page 50 an emphasis on black letter law rather than legal theory. What About Law?: Studying Law at University Edited by Catherine Barnard, Janet O’Sullivan and Graham Virgo Page 49

38

Human Rights

Accounting for Hunger The Right to Food in the Era of Globalization Edited by Olivier De Schutter and Kaitlin Cordes

This new work contributes to addressing the challenge of eradicating global hunger, by looking at the obstacles which prevent the implementation of a right to food in the era of globalisation. The book describes the current situation of global hunger, considers how it relates to the development of food systems and to the merger of the food and energy markets, explains how the right to food can only be realized if governance improves at the domestic and international levels, and sets out what needs to be done to enable governments to adopt appropriate policies within an internationally agreed framework. The essays in the book demonstrate how improved accountability at national level, reform of the international regimes of trade, investment, and food aid, and the development of biofuels production go hand in hand in these processes. The implication is that the extraterritorial human rights obligations of States, and the strengthening of global food security governance (currently being attempted with the reform of the Committee on World Food Security in Rome), have a key role to perform in enabling domestic reforms to achieve sustainable results.

Olivier De Schutter is the UN Special Rapporteur on the Right to Food, Professor of Law at the Universite Catholique de Louvain and College of Europe, and Visiting Hardback 9781849462266 300pp Jul 11 £50 / €65 / US$100

Professor, Columbia University. Kaitlin Cordes works for Human Rights Watch. Studies in International Law

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CommunityC and IndigenousI Voices CollectiveC Rights TheT UN Declaration on the A Theoretical Framework for Rights of Indigenous Peoples Rights Held by Groups Edited by Claire Charters, Les Malezer Dwight Newman aand Victoria Tauli-Corpuz

This book presents an argument for the existence of moral rights held by groups and This book presents the perspectives of Indigenous peoples’ representatives from a resulting account of how to reconcile group rights with individual rights and with around the globe on the negotiations leading to the Declaration on the Rights of the rights of other groups. Throughout, the author shows applications to actual legal Indigenous Peoples. and political controversies, thus tying the normative theory to actual legal practice. The book is unique in a number of ways. First, it is written by the principal The author presents collective moral rights as an underlying normative explanation stakeholders in the Declaration – the Indigenous peoples’ representatives who for various legal norms protecting group rights in domestic and international legal fought for the recognition of the rights of their peoples. Indigenous peoples led contexts. Examples at issue include rights held by indigenous peoples, by trade the movement to establish explicit norms on the rights of Indigenous peoples unions, and by religious and cultural minority groups. The account also bears on at the UN and Indigenous peoples sat as equals to states at the negotiating contemporary discussions of multiculturalism and recognition, on debates about table, proposing language and strategising how to best achieve their goals. reasonable accommodation of minority communities, and on claims for third 39 Second, Indigenous peoples’ input into the drafting of the Declaration forms generation human rights. The book will thus be relevant both to theorists and to part of the travaux préparatoires of the Declaration and, thus, will continue legal and human rights practitioners interested in related areas. to infl uence the legal interpretation of their rights into the future, shaping the Dwight Newman is a Professor at the University of Saskatchewan College content of customary international law. Third, this book balances various states’ of Law, Canada. interpretations of the Declaration, which, while set out in UN records, do not necessarily refl ect the common Indigenous interpretations of the Declaration. In Hardback 9781841132280 256pp Jul 11 £50 / €65 / US$100 this way, the book also expresses Indigenous peoples’ self-determination, giving Law and Practical Reason meaning to Indigenous peoples’ standing as subjects of international law. Claire Charters is a Research Fellow at the New Zealand Centre for Public Law. TheT Right to Housing Les Malezer is the President of the Foundation for Aboriginal and Islander Research Action. Victoria Tauli-Corpuz founded the Asia Indigenous Women’s Law,L Concepts, Possibilities Network (AIWN) and is currently the Chair of the Permanent Forum on Indigenous JessieJ Hohmann Issues and the Director of the Tebtebba Foundation.

Paperback 9781841138817 256pp Oct 11 £30 / €39 / US$60

TheT Impact of EU Law ono Minority Rights A human right to housing represents the law’s most direct protection of housing TawhidaT Ahmed and home. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book contributes to understanding the right to housing, and addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation, and, ultimately, of the relationship between the individual and the state. Structured in three parts, the book outlines Thishi book b k provides id a critical i i l evaluation of the ways in which EU law engages with the right to housing in international law and in key national legal systems, examines minority rights protection. Unlike the UN or ECHR, the EU has no competence to the key concepts of housing: space, privacy and identity and, fi nally, looks at the set standards on minority protection and this has been a point of disappointment potential of the right to alleviate human misery, marginalisation and deprivation. for minority rights advocates. Indeed, this book will demonstrate that, in EU law, The book provides a much needed exploration of the right to housing, offering binding standards really only exist in the sphere of non-discrimination and are at a new framework for argument within which the right can be reconsidered, their strongest in the fi eld of employment. However, the EU does have competence reconnecting human rights with the social conditions of their violation, and hence to promote diversity and facilitate redistribution of power and resources across the with the reasons for their existence. EU, and therefore plays a key role in minority protection. Examining a broad range of the EU’s legal provisions and principles and contextualising the impact of EU Jessie Hohmann is a British Academy Postdoctoral Research Fellow at the law within the overall needs of a specifi c group - the Roma minority – the EU can Lauterpacht Centre for International Law, University of Cambridge. be seen as a promoter, but not a protector, of minority rights.

Hardback 9781849461535 304pp Sep 11 £50 / €65 / US$100 This book will be of interest to lawyers and activists concerned with minority rights

and Roma rights protection within the EU, and of relevance to those interested in international human rights law. Tawhida Ahmed is a Lecturer in Law at the University of Sheffi eld.

Hardback 9781841138725 214pp Jan 11 £45 / €58.50 / US$90

Modern Studies in European Law

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ReflR ections on the Children’sC Socio-Economic UNU Declaration on Rights, Democracy thet Rights of anda the Courts Indigenous Peoples AoifeA Nolan Edited by Stephen Allen aand Alexandra Xanthaki

The adoption of the Declaration on the Rights of Indigenous Peoples by the UN Despite the signififi cant growth in interest in children’s rights and socio-economic General Assembly in September 2007 was acclaimed as a major success for rights over the last two decades, children’s socio-economic rights are a the UN system for the extent to which it consolidates and develops indigenous comparatively neglected area. This is particularly true with regard to the role of rights. This is the fi rst in-depth academic analysis of this far-reaching instrument. the courts in the enforcement of such rights. Nolan’s book remedies this omission, Indigenous representatives have argued that the rights contained in the focusing on the circumstances in which the courts can and should give effect to Declaration oblige affected States to accept the validity of its provisions and its the socio-economic rights of children. The arguments put forward are located interpretation of contested concepts (such as ‘culture’, ‘land’, ‘ownership’ and within the context of, and develop, long-standing debates in constitutional law, ‘self-determination’). This edited collection contains essays written by the main democratic theory and human rights. Nolan brings together and addresses a wide protagonists in the development of the Declaration; indigenous representatives; range of issues, including: children’s socio-economic rights; children as citizens and 40 and fi eld-leading academics. It offers comprehensive institutional, thematic and their position in relation to democratic decision-making processes; the implications regional analysis of the Declaration. In particular, it explores the Declaration’s of children and their rights for democratic and constitutional theory; the role normative resonance for international law and considers the ways in this of the courts in ensuring the enforcement of children’s rights; and the debates international instrument could catalyse institutional action and infl uence the surrounding the litigation and adjudication of socio-economic rights. This book development of national laws and policies on indigenous issues. thus represents a major original contribution to the existing scholarship in a range of areas including human rights, legal and political theory and constitutional law. Stephen Allen is a Lecturer in Law at Brunel University. Alexandra Xanthaki is a Reader in Law at Brunel University. Aoife Nolan is a Senior Lecturer at Durham Law School.

Paperback 9781841138787 553pp Jan 11 £45 / €58.50 / US$90 Hardback 9781841137698 396pp Sep 11 £55 / €71.50 / US$110

Studies in International Law Human Rights Law in Perspective

NGOsN and the Struggle for CurrentC Problems HumanH Rights in Europe in the Protection of LovedayL Hodson Human Rights Perspectives from Germany aand the UK Edited by Katja S Ziegler and Peter Huber

Thishi book b k provides id a ffreshh perspective on the litigation at the European Court WhileWhil the h llegal l systems of f the United Kingdom and Germany differ in essential of Human Rights by focusing upon the role played by non-governmental respects, the current process of ‘constitutionalisation’ is well recognised in both organisations. The role that NGOs play in human rights struggles is well- countries. ‘Constitutionalisation’, the evolution of a constitution and the infl uence documented in the context of other tribunals, but has not been well documented of existing constitutional principles on ordinary law, is exemplifi ed by human in the context of the ECtHR. In this book the Court’s litigation is re-cast as a site rights. The aim of this book is to provide a comparative UK-German perspective where politically motivated actors attempt to impact upon the meaning that is on recent developments, addressing human rights questions which arise in both given to the language of the ECHR and to use the Convention as a mechanism jurisdictions - liberty and security, human dignity, the prohibition of torture, and that can contribute to social change. Quantitative and qualitative research the question of how confl icts between human rights are to be resolved. A second techniques facilitate the author’s search for a de-centred perspective on the theme considers the impact of human rights on different areas of domestic law, in Court’s functions and a systematic picture of NGO involvement in the Court’s particular administrative law, criminal law, labour law and private law generally. litigation. The core of the work uses data obtained from a sample of cases from A third theme focuses on the intersection of national, supra- and international the Court plus a mass of associated materials, including extensive interviews human rights law, in particular after the entry into force of the EU Charter on with NGOs that were involved in those cases. Ultimately, the book challenges the Fundamental Rights. The book reveals how similar problems are being addressed, idea that the litigation of the Court is bound to the idea of achieving individual examines differences in impact of human rights on two legal systems, and traces justice and highlights the meaningful impact that NGOs have on certain important parallel debates over about human rights as well as sensitivities that arise in multi- sections of the Court’s litigation. layer situations in the UK and Germany. Loveday Hodson is a Lecturer in Law at Leicester University. Katja S Ziegler is a Reader in European and Comparative Law and Fellow in Law at St Hilda’s College, University of Oxford. Peter M Huber is Professor of Law at Hardback 9781841139616 206pp Jan 11 £40 / €52 / US$80 Fakultät für Rechtswissenschaft, Ludwig-Maximilians-Universität München.

Hardback 9781849461245 260pp Jul 11 £50 / €65 / US$100

Studies of the Oxford Institute of European and Comparative Law

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Human Rights and RightsR in Divided Societies PublicP Finance EditedE by Colin Harvey and BudgetsB and the Promotion of AAlexander Schwartz EEconomic and Social Rights AoifeA Nolan, Rory O’Connell aand Colin Harvey

This edited collection addresses an important theme in contemporary human SocietiesSii emerging i ffrom violent i confl ict often opt for a bill of rights as part of a rights law and practice - the linkage between public fi nance, particularly budget wider package of constitutional reform. In such societies, a bill of rights might decisions, and the realisation of economic and social rights. While much academic be a rallying point around which both minorities and the majority can articulate and political debate on economic and social rights implementation has focused a common vision for a shared society. Conversely, a bill of rights might provide on the role of the courts, this work places the spotlight squarely on those organs another venue in which familiar confl icts are played out, further dividing an of government that have the primary responsibility and the greatest capacity for already divided society. giving effect to such rights: namely, the elected branches of government. The major This collection examines the role and value of domestic rights instruments in actors considered in this book are politicians, public servants and civil society, divided and post-confl ict societies, approaching the subject from a comparative and the book makes a major contribution to remedying the current imbalance in and theoretical perspective. The central questions that animate the collection are: attention paid by economic and social rights scholars to these groups. 41 (1) Can constitutional rights provide a basis for unity and a common ‘human rights Featuring pioneering work by leading experts in the fi eld of human rights and culture’ in divided societies? (2) To what extent should divided societies opt for a public fi nance, this multidisciplinary edited collection will be of great interest to package of rights protections, or should the rights be tailored to the circumstances academics, practitioners, students and public servants working in the areas of law, of a divided society, providing for special group-sensitive protections for human rights, economics, development and political science. minorities? (3) How does the judiciary fi gure in the resolution of ethno-national Aoife Nolan is a Senior Lecturer at Durham Law School. Rory O’Connell is a Senior confl ict? (4) What are the theoretical and philosophical issues at stake in a rights- Lecturer at the School of Law, Queen’s University Belfast. Colin Harvey is Professor based approach to the management or resolution of ethno-national confl ict? of Human Rights Law, Queen’s University Belfast. Colin Harvey is Head of the School of Law at Queen’s University Belfast. Alex Schwartz is a PhD student at Queen’s University Belfast. Hardback 9781841130118 288pp Dec 11 £55 / €72 / US$110

Hardback 9781849461009 244pp Jan 12 £45 / €58.50 / US$90

Health and Human Rights Human Rights Law in Perspective ThérèseT Murphy See also...

Equality: The New Legal Framework Bob Hepple Page 48 Fighting Monsters: British-American War-making and Law-making Rory S Brown Page 65 Indigenous Peoples in International and Comparative Law Thalia Anthony, Larissa Behrendt and Ben Saul Page 67 ThisThi bbook k aims i tto bbolster l t ththe burgeoning discourse of health and human rights. In International Humanitarian Law and Terrorism so doing, it charts the history of the linkage between health and human rights. It Andrea Bianchi and Yasmin Naqvi Page 65 also pinpoints the sense of imperative that surrounds this relationship and, more The Right to Development and International Economic Law: importantly, identifi es a series of threats or challenges to attempts to link health and Legal and Moral Dimensions Isabella Bunn Page 46 human rights and proposes how these might be addressed. Amongst other things, The United Nations Convention on the Crime of Genocide: it asks: Is bioethics pushing human rights aside? Is confl ict between risk and rights A Commentary Christian Tams and Martin Mennecke Page 67 inevitable in infectious disease control? Is human dignity a threat to human rights? Constitutionalism, Multilevel Trade Governance and Is reproductive choice a bad argument in the context of reproductive technologies? International Economic Law Is it sensible for human rights to make use of indicators, benchmarks and impact Edited by Christian Joerges and Ernst-Ulrich Petersmann Page 47 assessments? Is trade a danger to human health and also to human rights? This is a International Economic Law in the 21st Century: book which will be of great interest to students of human rights and health law, and Constitutional Pluralism and Multilevel Governance of to scholars and policy-makers in these areas. Interdependent Public Goods Ernst-Ulrich Petersmann Page 47 Thérèse Murphy is Professor of Law at the University of Nottingham. The Distinction and Relationship between Jus ad Bellum and Jus in Bello Keiichiro Okimoto Page 66 Hardback 9781841138046 224pp Jul 11 £40 / €52 / US$80

Human Rights Law in Perspective

ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Insurance Law Hart Publishing Insurance Law

Insurance Law Doctrines and Principles Third Edition John Lowry and Philip Rawlings with Robert Merkin

The third edition of this work follows the widely acclaimed fi rst and second editions in providing a 42 detailed examination of the law of insurance, combining exposition of the law with critical analysis, while extensive citations to case law and academic commentaries make the book ideal for students, scholars and practitioners alike. The book is readable and authoritative, with a sound grasp of the realities of insurance practice. This new edition refl ects 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. “Lowry & Rawlings is a welcome addition to the ranks of insurance law textbooks and a serious contender for the student readership in this fi eld.” Lloyds Maritime Commercial Law Quarterly “... recommend[ed] for undergraduate use, and as a starting point for postgraduate use. The book is well written and full of clear explanations of a diffi cult fi eld of the law.” Law Quarterly Review

John Lowry is Professor of Commercial Law, Faculty of Laws, University College London. Philip Rawlings LLB, PhD, ACIB, is Professor of Law at University College Paperback 9781849462013 468pp Aug 11 £25 / €32.50 / US$50 London. Rob Merkin, LLB, LLM, is Lloyds Law Reports Professor of Commercial Law at the University of Southampton.

Liability Insurance in “It’s exciting to fi nd something entirely new and innovative...The book has a playful, spirited quality one does not often see in an insurance International Arbitration treatise ... its distinguished authors have managed not only to keep the The Bermuda Form tone fresh and bright but also to pack in a lot of helpful information.” The Insurance Coverage Law Bulletin Second Edition Richard Jacobs QC is a barrister at Essex Court Chambers in London, specialising Richard Jacobs QC, Lorelie S Masters in commercial law. Lorelie S Masters is a Partner at Jenner & Block, LLP, in and Paul Stanley QC Washington, DC. Paul Stanley QC is a barrister at Essex Court Chambers specialising in commercial law.

Hardback 9781841138756 376pp Dec 10 £95 / €123.50 / US$190 This is the second, revised edition, of what has become and was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies. The Form, fi rst used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. The Bermuda Form is not well understood, and those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom.

TO ORDER | T: +44 (0) 1865 517530 | F: +44 (0) 1865 510710 | E: [email protected] Hart Publishing International and Comparative Criminal Law International and Comparative Criminal Law

The Constitutional Dimension of European Criminal Law Ester Herlin-Karnell

Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. But the phenomenon of EU criminal law is far from new, having developed on an ad hoc basis, not least in the case law of the ECJ. Central to the Court’s reasoning in this area has 43 been the principle of effectiveness. One purpose of the book is therefore to offer a critical examination of the axiom of effectiveness, particularly as it has been used by the ECJ in recent cases. The book explores the constitutional principles underlying it, substantively and in terms of its scope and extent. Other chap- ters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.

Ester Herlin-Karnell is an Assistant Professor in EU law in the Department of Transnational Legal Studies and the Faculty of Law at the Free University Hardback 9781849461764 212pp Jan 12 £45 / €59 / US$90 (VU) of Amsterdam. Modern Studies in European Law

SentencingS in TheT Illicit Trade in Art and InternationalI Criminal Law AntiquitiesA TheT Approach of the Two International Recovery and aad hoc Tribunals and Future CCriminal and Civil Liability PPerspectives for the JanetJ Ulph and Ian Smith IInternational Criminal Court SilviaS D’Ascoli This work deals with sentencing in international criminal law, focusing on the This new text provides practical guidance on the modern law relating to cultural approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda objects which have been stolen, looted, or illegally exported. It explains how (ICTR). In contrast to sentencing in domestic jurisdictions, where abundant English criminal law, including money laundering measures, applies to those research and lively debates inform practice, sentencing in international criminal who deal in cultural objects in a domestic or international setting. It discusses law is still ‘under construction’, is unregulated, and lacks a body of principles the recovery of works of art and antiquities in the English courts where there are governing the determination of sentence. Moreover international judges receive competing claims between private individuals, or between individuals and the UK little guidance in sentencing matters, contributing to inconsistencies and Government or a foreign State. Signifi cantly, this text also provides an exposition increasing the risk that similar cases will be sentenced in different ways. of the law where a British law enforcement agency, or a foreign law enforcement agency or court, is involved in the course of criminal or civil proceedings in an This book investigates and evaluates the process of international sentencing, English court. The growth of relevant international instruments, including those especially in the ICTY and ICTR, and suggests a more comprehensive and coherent devoted to the protection of mankind’s cultural heritage and those concerned with system of guiding principles. Besides analysing the procedure and case law of the money laundering and serious organised crime, informs this discussion. The UK’s ad hoc Tribunals, the book also presents an empirical analysis of infl uential factors ratifi cation of the UNESCO Convention on Means of Prohibiting and Preventing and other data from ICTY and ICTR sentencing practice, thus offering quantitative the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in support for the doctrinal analysis. 2002 is considered. The problems posed in attempting to curb traffi cking in art This is one of the fi rst books to be entirely devoted to the process of sentencing and antiquities are explored and the effectiveness of the current law is analysed. in international criminal justice and will be of great interest to practitioners, Janet Ulph is Professor of Commercial Law at the University of Leicester. academics and students of the subject. Ian Smith is a barrister at 11 Stone Buildings, London. Silvia D’Ascoli is an Associate Legal Offi cer in the Appeals Division of the Offi ce of Hardback 9781841139647 368pp Sep 11 £75 / €97 / US$150 the Prosecutor at the International Criminal Tribunal for the Former Yugoslavia (ICTY).

Hardback 9781849461160 328pp Apr 11 £67.50 / €88 / US$135

Studies in International and Comparative Criminal Law

ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com International and Comparative Criminal Law Hart Publishing

InternationalI and OLAFO at the Crossroads EuropeanE Criminal Law ConstantinC Stefanou, Simone White HelmutH Satzger aand Helen Xanthaki

This work highlights the international aspects of criminal law so far ingrained OLAF (the European CommCommission’s Anti-Fraud Offi ce) was set up in 1999, but since in national law. The book is designed to give a fi rst and solid introduction to then changes in the three levels of OLAF’s functional environment have taken international criminal law, using numerous examples and references to schemas place: there have been continuing advances in EU criminal law, especially in the and charts. It also caters for the needs of students and academics in this fi eld. areas of mutual assistance and substantive criminal law, Eurojust and Europol have been reformed, and the Lisbon Treaty has altered key competences in the Helmut Satzger is Professor of German, European and International Criminal Law fi eld of justice and home affairs. Using a multi-disciplinary approach the authors at Munich University. of this work examine these changes and at the same time offer a unique insight to the regulatory, operational and institutional advances of OLAF. Hardback 9781849460804 308pp Jul 11 £86 / €112 / US$172

Constantin Stefanou is a Senior Lecturer at the Sir William Dale Centre for 44 Beck/Hart Legislative Studies, Institute of Advanced Legal Studies, University of London. Simone White is a lawyer working in OLAF and a research fellow at the Institute EssaysE on International of Advanced Legal Studies, London. Helen Xanthaki is a Senior Lecturer at the CriminalC Law and Institute of Advanced Legal Studies, University of London. Hardback 9781841137919 204pp Jul 11 £45 / €58.50 / US$90 InternationalI Criminal ProcedureP Studies in International and Comparative Criminal Law HéctorH Olásolo See also...

EU Counter-Terrorism: Pre-Emption and the Rule of Law Atrocities have profound and long-lasting effects on any society. The difference Cian Murphy Page 31 between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. But it is important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of ‘responsibility to prevent’. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfi lled by its timely intervention in the form of preliminary examinations. This new book of essays examines these issues and places particular emphasis in the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. Héctor Olásolo is Professor of International Criminal Law and International Criminal Procedure at the University of Utrecht.

Hardback 9781841130521 272pp Sep 10 £50 / €65 / US$100

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Basic Documents on International Investment Protection Martins Paparinskis

The increase in the number and complexity of investor-State treaty arbitrations in the last decade has attracted considerable attention from practitioners and academics to international investment protection law. Rules aimed at regulating the protection of foreign investment have been expressed in a decentra- lised manner, making a clear and comprehensive overview of the topic important. This volume focuses on 45 the relevant documents and aims to provide an exhaustive treatment of relevant procedural and substan- tive issues. It includes documents explaining the historical development of investment law, substantive investment rules (multilateral and bilateral treaties and model documents and general rules on the law of treaties and responsibility) and procedural investment rules (relating to the arbitral process in different fora, immunity, recognition and enforcement). The book is aimed at teachers, students and practitioners in the area. It can be used both as a practitioners’ handbook and as a classroom companion for courses on international dispute settlement and investment protection law.

Martins Paparinskis is a Junior Research Fellow at Merton College, Oxford University. Paperback 9781849461368 934pp Sep 11 £50 / €65 / US$100 Documents in International Law

ContractingC with State Liability in SovereigntyS Investment Treaty StateS Contracts and Arbitration IInternational Arbitration Global Constitutional and IvarI Alvik Administrative Law in the BIT Generation Santiago Montt Thehliifii application of international law to state contracts with foreign companies TodayT d ththere are more tthanh 22,500 bilateral investment treaties (BITs) around the caused controversy throughout the 20th century. Contractual undertakings world. This interdisciplinary work, aimed at academics and practitioners, analyses with foreign investors continue to raise legal issues that do not fi t well into the the past practice of state responsibility for injuries to aliens, develops a descriptive traditional pattern of international law as a law between states, but which also law-and-economics model that explains the proliferation of BITs, addresses the cannot be satisfactorily resolved by the application of municipal law. In recent legitimacy defi cits of this new form of dispute settlement, gives a comparative years the controversy has gained new prominence as a result of the advent of a overview of the universal tension between property rights and the public interest new form of international dispute settlement - investment treaty arbitration. The and presents a detailed legal study of the current state of BIT jurisprudence rapidly expanding body of arbitral case law has become one of the most signifi cant regarding indirect expropriations and the fair and equitable treatment clause. aspects of modern international law, with many of the disputes having their origin “... a valuable and truly interdisciplinary contribution to the growing in contracts made by states and foreign investors. This book explores how contract body of literature on international investment law. It offers novel claims against states are dealt with in the parallel processes of treaty-based and analytical approaches to analyzing the emergence and evolution of the contract-based arbitration. It charts the development of commercial arbitration as an BIT generation, and sheds light on some of the hitherto less explored international legal remedy in this fi eld, discusses the theoretical problems which it issues of state liability for interference with foreign investment.” creates for international law, and outlines the most signifi cant substantive features Transnational Dispute Management of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. Santiago Montt has taught at Universidad de Chile and at Universidad Diego Portales.

Ivar Alvik is a Senior Associate with the Norwegian law fi rm Thommessen, Paperback 9781849462136 460pp Aug 11 £25 / €32.50 / US$50 specialising in international arbitration and dispute resolution. Studies in International Law Hardback 9781841136578 400pp Jan 11 £55 / €71.50 / US$110

Studies in International Law

ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com International Trade Law Hart Publishing

TheT Legal Protection of DirectD Investment, ForeignF Investment National Champions A Comparative Study anda EU Treaty Freedoms EditedE by Wenhua Shan From Maastricht to Lisbon Frank S Benyon

TheTh law l of f foreign f i iinvestment t is at a crossroads. In the wake of an unprecedented WithinWithi the th EU, EU the th legal l l dimension dim of trade in goods and, more recently, of trade global fi nancial crisis and a sharp surge of investment arbitration cases many states are in services have gained clear contours. This is less true for cross-border direct refl ecting on the pros and cons of the current liberal investment regime and exploring investments. The free movement of capital has been the last fundamental freedom new ways ahead. This book brings together leading investment lawyers from more to be endowed with direct effect, but the investment potential of Sovereign than 20 jurisdictions to produce a comparative study of foreign investment law. As such Wealth Funds makes this a very topical subject. This book analyses the role of the book will provide a unique resource for investment lawyers. the market and the role of the state with regard to direct investment, delineates the competences of the EU and the Member States in this fi eld and places the Part I of the book presents an overview of key aspects of foreign investment debate in the larger context of international direct investment. Focusing on recent protection in the world today, including admission, investment contracts, treatment developments, cases and debates, the book also looks at the changes made to standards, tax regime and incentives, performance requirement, property and 46 the applicable rules by the Treaty of Lisbon, including the inclusion of foreign expropriation, monetary transfer and dispute settlement. Part II presents in-depth direct investment into the Community’s trade policy, thus providing an overview and detailed accounts of the investment laws of more than 20 jurisdictions, of this cutting-edge issue and a refl ection on the rationales that should guide the including Argentina, Australia, Canada, China, Croatia, Czech Republic, Ethiopia, evolution of this fi eld of law. France, Germany, Greece, Italy, Japan, South Korea, Macau, Peru, Portugal, Russia, Singapore, Slovenia, Turkey, UK and USA. Frank Benyon was a Director in the European Commission’s Legal Service from 2000 to 2010 in charge of the Business Law Team. He is now Visiting Fellow at The book will be an invaluable guide to those interested in the law and practice of the European University Institute’s Robert Schuman Centre in Florence. foreign investment. Hardback 9781849461085 144pp Aug 10 £45 / €58.50 / US$90 Wenhua Shan is a Ministry of Education Changjiang Scholar Professor of International Economic Law and the Dean of the School of Law at Xi’an Jiaotong University, China. Modern Studies in European Law He is also a Professor of International Law at Oxford Brookes University, England.

Hardback 9781841138848 604pp Jul 11 £110 / €143 / US$220

International Trade Law

The Right to Development and International Economic Law Legal and Moral Dimensions Isabella Bunn

In 1986, the UN declared the right to development to be an inalienable human right, entitling everyone to ‘participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realised.’ The UN seeks to mainstream the right into its policies and operational activities, and has considered prospects for an internationally-binding legal instrument. Although the right to development has been hailed as the cornerstone of the entire hu- man rights system, serious misgivings about its validity and usefulness persist. This book addresses the major questions in the debate, including the legal basis, substance and status of the right. It then examines the realisation of the right to development in the context of international economic law and policy, identifying key principles such as corporate social responsibility, differential treatment of developing countries, and the rights-based approach to development. As both a lawyer and a theologian, the author also draws on moral origins and infl uences, providing a unique interdisciplinary focus of relevance to broader questions of ethical globalisation. This timely analysis anticipates the 25th anniversary of the UN declaration on the right to development. Isabella Bunn is affi liated with Regent’s Park College, Oxford University, and is Professor of Ethics at the Florida Institute of Technology, College of Business. Hardback 9781841136004 314pp Jul 11 £55 / €71.50 / US$110 Studies in International Trade Law

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InterpretingI TRIPS InternationalI Economic GlobalisationG of Intellectual LawL in the 21st Century PProperty Rights and Access to ConstitutionalC Pluralism and MMedicines Multilevel Governance of HirokoH Yamane Interdependent Public Goods Ernst-Ulrich Petersmann

TheTh protection t ti of f Intellectual I t ll t Property Rights is a global issue. The Trade-Related TheTh state-centered t t t d ‘W‘Westphalian t h model’ of international law has failed to protect Aspects of Intellectual Property (TRIPS) Agreement outlines the standards for human rights and other international public goods effectively. This book argues IPR protection for WTO members and offers a global regime for IPR protection. that ‘multilevel governance failures’ are largely due to inadequate regulation of However, the social costs of this regime often outweigh the benefi ts of IPR the ‘collective action problems’ in the supply of international public goods, such protection, particularly in the poorest countries, where resources for R&D and as inadequate legal, judicial and democratic accountability of governments vis- social protection are inadequate, but the cost of innovation high. Today, after more à-vis citizens. Rather than treating citizens as mere objects of intergovernmental than a decade of debate over global IPR protection, the problems remain acute, economic and environmental regulation and leaving multilevel governance of most notably in patent pooling and the pricing of AIDS drugs. international public goods to discretionary ‘foreign policy’, human rights and constitutional democracy call for ‘civilising’ and ‘constitutionalising’ international This book examines the role of IPRs against the backdrop of development and the economic and environmental cooperation by stronger legal and judicial protection 47 transfer of technology between globalised, knowledge-based, high technology of citizens and their constitutional rights in international economic law. economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including by WTO dispute settlement organs. It also analyses controversies Moreover intergovernmental regulation of transnational cooperation among citizens involving IPRs, examining pharmaceutical industry strategies in emerging economies must be justifi ed by ‘principles of justice’ and ‘multilevel constitutional restraints’ with different IPR policies. The author concludes that in developing countries IPR protecting rights of citizens and their ‘public reason’. The obvious failures in the protection should be supporting domestic policies for innovation and investment. This, governance of interrelated trading, fi nancial and environmental systems must be in turn, requires re-casting the debate about TRIPS to place cooperation in global and restrained by cosmopolitan, constitutional conceptions of international law protecting effi cient R&D at the heart of concerns over IPR protection. the transnational rule of law and participatory democracy for the benefi t of citizens. Hiroko Yamane is a Professor at the National Graduate Institute for Ernst-Ulrich Petersmann is Professor of International and European Law at the Policy Studies, Tokyo. European University Institute at Florence.

Hardback 9781841139531 454pp May 11 £70 / €91 / US$140 Hardback 9781849460637 264pp Aug 11 £40 / €52 / US$80

Studies in International Trade Law TiedT Aid and Development Constitutionalism, AidA Policies in the Multilevel Trade FrameworkF of EU and Governance and WTO Law TheT Imperative for Change International AnnamariaA Lachimia Economic Law Edited by Christian Joerges and Ernst-Ulrich Petersmann Tied aid is aid granted to developing countries on condition that goods and services for the aid-fi nanced projects are purchased from the donor country; the recipient This is a book about the ever more complex legal networks of transnational economic country has no choice but to fulfi l the condition imposed by the donor. However governance and their legitimacy problems. It takes up the challenge of the editors’ economists have shown that tying aid is undermining, leading to higher costs for the earlier works which called for more cross-sectoral and interdisciplinary analyses by goods and services purchased and the distortion of the nature of the aid. Further, scholars of multilevel governance in transnational economic, social, environmental tying aid frustrates aid’s potential in fostering trade between developing countries and legal relations. Two complementary strands of theory are developed. One argues —in many of these countries public bodies and, in particular, aid-fi nanced projects, that globalisation and the universal recognition of human rights are transforming are major potential outlets for trade between neighbouring states. the intergovernmental ‘society of states’ into a cosmopolitan community of citizens requiring effective constitutional safeguards for protecting human rights and Tied aid has been extensively discussed in the economic literature but there is little consumer welfare. The second emphasises the dependence of the functioning of written on its legal aspects; this book therefore fi lls a major gap in the literature. international markets and liberal trade on governance arrangements which respond It is the fi rst legal treatment of tied aid, examining in detail the compatibility of credibly to safety and environmental concerns of consumers, traders, political and tied aid with EU and WTO law, and, through case studies from the UK, Italy, the non-governmental actors. The perspectives and conclusions of the contributors from EU and the US, the workings of the aid projects and aid procurement systems of Europe and North-America are not uniform, but they converge in their search for a donor countries granting bilateral aid. constitutional architecture which limits, empowers and legitimises multilevel trade The book will be of interest to academics, NGOs and practitioners working in governance, and in their common premise that respect for human rights, private and public procurement and development. democratic self-government and social justice requires more transparent, participatory and deliberative forms of transnational ‘cosmopolitan democracy’. Annamaria Lachimia is a Lecturer in Law at the University of Nottingham. Christian Joerges is Professor of Economic Law at the European University Hardback 9781849461153 264pp Jul 11 £60 / €78 / US$120 Institute, Florence. Ernst-Ulrich Petersmann is Professor of International and Studies in International Trade Law European Law at the European University Institute at Florence.

Paperback 9781849461658 545pp Mar 11 £35 / €45.50 / US$70

Studies in International Trade Law

ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Labour and Discrimination Law Hart Publishing Labour and Discrimination Law

Equality The New Legal Framework Bob Hepple

The Equality Act 2010 is a major landmark in the long struggle for equal rights. This book tells the story of how and why it came to be enacted, what it means, what changes it can bring about in British society, and - no less important - what the Act will not do. The Act is the outcome of over 13 years of research, 48 public debate and campaigning, starting with the publication of Equality: A New Framework. Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation by Bob Hepple, Mary Coussey and Tufyal Choudhury (Hart Publishing, 2000). The aim of this book is to examine the aims and structure of the new legal framework and to assess the Act against goals of reform set by the earlier review: har- monising and extending the law on status equality; widening the areas of unlawful conduct; changing organisational policy and behav- iour including positive duties to advance equality; and improving enforcement of the law. The book will be essential reading for anyone who wants to understand the Act and the wider context of equality law, including students of law and social sciences, human rights activists and lawyers, as well as the general reader.

Bob Hepple QC, FBA is Emeritus Master of Clare College and Emeritus Professor of Law at the University of Cambridge. Paperback 9781849461078 196pp Feb 11 £25 / €32.50 / US$50

EU Employment Law EqualityE and Second Edition Discrimination Jeff Kenner AileenA McColgan

TheTh new edition diti of f thithis work k traces the evolution of EU employment law over sixty ThisThi monograph h explores l some of the conceptual issues which underpin the legal years from its limited market-based origins in the Treaty of Rome through to the disputes which arise in relation to equality and discrimination. Among these present-day commitment to advance the fundamental social rights of workers and issues are the meaning of ‘equality’ as a legal concept and its relationship to establish a core ‘guarantee’ of adequate social protection in Union policies in the Treaty the principle of non-discrimination; symmetrical and asymmetrical approaches of Lisbon. Each historical stage of development of Community/Union employment to equality/non-discrimination; the role of comparators in discrimination/equality law is analysed in depth chapter by chapter to give a sense of perspective to this fast analysis; the selection of protected characteristics and the proper sphere of changing area. The book addresses the challenges posed to EU employment law in the statutory and constitutional protections; and the scope for and regulation of 2010s by the global economic crisis, the growth of the service economy, e-working, potential confl icts between protected grounds. The author engages with domestic, demographic changes, and the breakdown of traditional work relationships and EU and ECHR case-law as well as with wider international approaches. Moreover methods of collective organisation. The author explains how the social, economic she also addresses a number of contemporary issues for equality law, including the and employment imperatives of the European integration process have always been problem of racial profi ling and the regulation of multiple discrimination. intertwined and explains how the gradual emergence of EU employment law from Aileen McColgan is Professor of Human Rights Law at King’s College, London and a twilight existence is best understood by exploring consistent strands of policy a barrister at Matrix Chambers. development. Hardback 9781841134413 204pp Oct 11 £40 / €52 / US$80 Jeff Kenner is Professor of European Law at Nottingham University. Human Rights Law in Perspective Paperback 9781841136837 498pp Nov 11 £35 / €46 / US$70

Modern Studies in European Law

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TheT Employment This book presents the most thorough study to date of the scope of labour legislation as it applies to the realm of the employment relationship in various RelationshipR regions of the world. A Comparative Overview Giuseppe Casale is the Director of the Labour Administration and Inspection EditedE by Giuseppe Casale Programme at the ILO, Geneva.

Hardback 9781841134208 304pp Dec 10 £30 / €39 / US$60

Co-Publication with the International Labour Offi ce

The issue of who is or is not in an employment relationship has become problematic in recent decades as a result of major changes in work organisation and in the adequacy of legal regulation in adapting to such changes. In different See also... parts of the world there is diffi culty in establishing whether or not an employment relationship exists when the respective rights and obligations of the parties are not Children’s Socio-Economic Rights, Democracy and the Courts clear or the employment relationship has been disguised. Vulnerable workers Aoife Nolan Page 40 appear to suffer most in these situations, while social partners and labour administrators emphasise that globalisation has increased the need for protection.

49 Legal Education and the Legal Profession

What About Law? Studying Law at University

Second Edition Catherine Barnard, Janet O’Sullivan and Graham Virgo

Most young people considering studying law, or pursuing a legal career, have very little idea of what learning law involves and how universities teach law to their students. The new edition of this book, which proved very popular when fi rst published in 2007, provides a ‘taster’ for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question ‘what should I study at university?’ and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument. This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies. All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences. See the website for this book: www.whataboutlaw.co.uk

Catherine Barnard is a Professor of Law and Fellow of Trinity College, Cambridge. Janet O’Sullivan is Senior Lecturer in Law and a Fellow of Selwyn College, Cambridge. Paperback 9781849460859 239pp Mar 11 £10.99 / €14.20 / US$22 Graham Virgo is Professor of English Law and a Fellow of Downing College, Cambridge.

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Bewigged and Legal Ethics Bewildered? General Editor, Christine Parker, A Guide to Becoming a University of Melbourne Barrister in England and Wales Second Edition Adam Kramer

Misunderstandings and jargjargon prevent many from seriously considering a career ThisThi is i the h only l iinternational i and interdisciplinary journal to focus exclusively as a barrister in the belief that such a career is not for them or that they are not on the fi eld of legal ethics. It provides a meeting ground for academic lawyers, for it. Others know that they might want to become barristers but not how to go practitioners and policy-makers to debate developments surrounding ethics in the about it, or just want to know more about this somewhat mysterious profession. teaching and practice of law at the micro and macro levels. This book (by a barrister who was formerly a university law lecturer) clearly but informally explains the traditions, terminology and institutions of the Bar, and Volume 14, 2011 (2 issues) Print ISSN 1460-728X and Online ISSN 1757-8450 what it is actually like to be a barrister. With this aim, several barristers practising Institutional Subscription Rates in different fi elds describe in detail a typical week in their life. Advice is then given Print with free online access: £105 (UK and Europe) / £115 (Overseas) on how to be accepted into, fund and survive the various academic and other Online Only: £94.50 (Worldwide) 50 stages that precede qualifi cation as a barrister, including work experience, Bar Personal Subscription Rates School, and pupillage (the barrister’s apprenticeship). Space is also given to how Print with free online access: £65 (UK and Europe) / £70 (Overseas) to transfer to the Bar after another legal or non-legal career. This second edition Online Only: £58.50 is fully updated to take account of the changes to the Bar, training for it and the WWW.HARTJOURNALS.CO.UK/LE process of recruitment to it. Adam Kramer is a Barrister at 3 Verulam Buildings, and a former lecturer at the Universities of Durham and Oxford. Twenty-FirstT Century SolicitorS Paperback 9781849461641 208pp Jul 11 £15 / €19.50 / US$30 HowH to Make a Real Impact aas a Junior Commercial Lawyer GettingG a PhD in Law SteveS Weiner CarolineC Morris and Cian Murphy

Thishdd candid, no-nonsense guide to excelling as a commercial lawyer offers a frank and forthright look at the modern solicitors’ profession. Its aim is to advise those who seek to make a career out of commercial lawyering, and goes far beyond the common-sense guidance found in other current texts. This is an honest, punchy and up-to-the-minute look at how to succeed early on in the ThisThi is i a unique i guide id to obtaining b the degree of Doctor of Philosophy of Law in profession, by an author who offers a unique combination of experience as a the United Kingdom. While a wide range of study guides exist for PhD students practitioner, trainer and law fi rm voyeur. The book takes into account the vast in the social sciences and science-based disciplines, there is very little specifi cally changes that the profession has undergone during the past few years. No longer aimed at those studying or considering studying for a PhD in Law. At the same is success in the law dependent on technical aptitude alone. While good solicitors time, legal methodology and the place of the PhD in Law in the young lawyer’s undoubtedly have to be able to understand and apply the law, to achieve success career create unique challenges that have not been addressed by existing guides. they must also master a range of what used to be called ‘soft skills’. Taking this Getting a PhD in Law meets the need for an accessible guide to the PhD process, into account, the book explores every facet of what makes a modern, successful from topic selection to thesis publication. Readable and informative, this guide is solicitor, concentrating in particular on personal branding and recognising the written by two recent PhD graduates, but draws on interviews and case studies importance of self-awareness when working in a law fi rm. The style is jargon free with other PhD students, supervisors and examiners. Getting a PhD in Law will be – as far as possible – and light-hearted where necessary, combining humour with essential reading for the growing numbers of PhD students in the UK’s many law pragmatism. It surfs lightly through theory, concentrating on practical and easily schools - and those internationally that wish to learn from UK best practice. accessible hints and tips for young solicitors wanting to make a positive, lasting impression from day one. Caroline Morris is a Lecturer in Law at Queen Mary, University of London. Cian Murphy is Lecturer in Law at King’s College London. Steve Weiner has seven years’ experience in law, fi rst practising as a commercial litigator, now as a skills trainer for young lawyers at a leading City of London law Paperback 9781841133065 168pp Sep 11 £22.50 / €29.25 / US$45 fi rm, a role he combines with a successful career in comedy performance, acting,

radio presenting and writing.

Paperback 9781841133553 178pp Jun 11 £19.95 / €26 / US$40

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ResearchR Methodologies in MethodologiesM of EUE and International Law Legal Research RobertR Cryer, Tamara Hervey and Bal WhichW Kind of Method for SSokhi-Bulley, with Alexandra Bohm WWhat Kind of Discipline? Edited by Mark van Hoecke

PhD students often begin their PhDs with little awareness of methodology, having Until recently questions of methodology in legal research have been largely rarely had the opportunity to ponder the theory and practice of research. Law confi ned to the role of doctrinal research. This has involved asking questions Schools however, are increasingly alive to the need to provide their students with about coverage and, fundamentally, about the identity of the discipline. Is it training in research methods. They are also alive to the need to develop the research descriptive, hermeneutical, or normative? Should it also be explanatory? Legal capacities of their early career scholars. This book offers a structured approach to scholarship has been torn between grasping the expanding reality of law and its doing so, focusing on methodology, in the context of EU and international law. context, and reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains At the core of the book are the materials produced for a series of AHRC-funded an option, and is still adhered to in some systems, but as law aims at ordering workshops, consisting of readings on main and less mainstream methodological society and infl uencing human behaviour, this approach is felt by many scholars approaches (‘modern and critical’ approaches, and ‘law and’ approaches), and a to be insuffi cient. Consequently many attempts have been made to conceive legal 51 series of questions and exercises designed to encourage refl ection. There are also research differently. Social scientifi c and comparative approaches have proven supporting materials, giving guidance on practical matters, such as how to give a fruitful. However, does the introduction of other approaches leave merely a residue paper or be a discussant at an academic conference. of ‘legal doctrine’, to which pockets of social sciences can be added, or should The book is aimed primarily at PhD students and early career scholars in EU and legal doctrine be merged with the social sciences? What would such a broad international law, and can be used alone or to underpin a seminar-based course, interdisciplinary fi eld look like and what would its methods be? This book is an or departmental or regional discussion group. attempt to answer some of these questions. Robert Cryer is Professor of International and Criminal Law, University of Mark van Hoecke is a Visiting Professor at the Universities of Ghent and Tilburg. Birmingham. Tamara Hervey is Jean Monnet Professor of European Union Law at the Paperback 9781849461702 317pp Apr 11 £35 / €45 / US$70 University of Sheffi eld. Bal Sokhi-Bulley is a Lecturer in Law at Queen’s University Belfast. Alexander Bohm is a PhD candidate at the University of Sheffi eld. European Academy of Legal Theory Series

Paperback 9781841132358 128pp Apr 11 £22.50 / €29.25 / US$45 See also...

Gender and Judging Edited by Ulrike Schultz and Gisela Shaw Page 36 The Art of Justice: The Judge’s Perspective Ruth Herz Page 37

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Shakespeare’s Imaginary Constitution Late Elizabethan Politics and the Theatre of Law Paul Raffi eld

Through an examination of six plays by Shakespeare, Paul Raffi eld presents an innovative analysis of political developments in the last decade of Elizabethan rule and their representation in poetic 52 drama of the period. Law is represented in these plays as a sentient political being whose natural rights and liberties found an analogue in the narratives of common law. Each chapter refl ects an aspect of constitutional development in the late-Elizabethan state: abuse of the royal prerogative by the crown and its agents; the emergence of a politicised middle class; the limitations imposed by the courts on the lawful extent of divinely ordained kingship; the natural and rational authority of unwritten lex terrae; the poetic imagination of the judiciary and its role in shaping the constitution; and the fusion of temporal and spiritual jurisdiction in the person of the monarch. The book advances original insights into the complex and agonistic relationship between theatre, politics, and law, and the plays discussed offer persuasive images both of the crown’s absolutist tendencies and of alternative polities predicated upon classical and humanist principles of justice, equity, and community. ‘A lawyer and a thespian, Raffi eld handles both legal and literary sources with exquisite care. As with the works of the Old Masters, one dwells pleasurably on each detail until their cumulative force presses one backward to see the canvas in its sudden, glorious entirety. A major achievement.’ Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law

Paul Raffi eld is an Associate Professor in the School of Law at the University of Warwick. Hardback 9781841139210 256pp Oct 10 £50 / €65 / US$70

A History of the The story of the Inn in modern times has seen it become one of the world’s pre- eminent centres for legal education and practice. MiddleM Temple This history of the Middle Temple, written by a team of eminent lawyers and legal EditedE by Richard O Havery historians, is the product of original research in the archives of the Middle Temple, and will be a treasure trove of information about the Inn and its diverse history and infl uence. Richard O Havery QC is a Bencher of the Inn and a retired judge of the Technology and Construction Court.

Hardback 9781841134215 336pp Jun 11 £30 / €39/ US$60

TheTh historyhi off theh MMiddleiddl TTemple is a long and fascinating one. Templars held the estate of the Temple from the twelfth century until their suppression in the early fourteenth century; thereafter the lawyers came. Its magnifi cent Tudor Hall See also... was completed in 1574. By Elizabethan times the Inns of Court were known colloquially as the Third University of England and many persons other than A History of the Laws of War Alexander Gillespie Page 62 lawyers had become members - among them Sir Walter Raleigh, Elias Ashmole, The Payment Order of Antiquity and the Middle Ages: Edward Hyde (Earl of Clarendon), William Congreve, Henry Fielding, Edmund A Legal History Benjamin Geva Page 7 Burke, William Cowper, and William Makepeace Thackeray. Another Middle Templar Landmark Cases in Family Law and explorer was Bartholomew Gosnold, discoverer of Cape Cod, who named Edited by Stephen Gilmore, Jonathan Herring and Rebecca Probert Page 35 a nearby island Martha’s Vineyard in honour of his six-year old daughter. From Mistakes in Contract Law Catherine Macmillan Page 20 those beginnings grew the thirteen American colonies and in due course fi ve Vattel and the Emergence of Classic International Law Middle Templars signed the American Declaration of Independence on 4 July 1776. Emmanuelle Jouannet Page 65 Moreover, the US Constitution was drafted by a committee chaired by yet another Middle Templar, John Rutledge who, along with six other Middle Templars, was among its 39 original signatories.

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Forms Liberate Reclaiming the Jurisprudence of Lon L Fuller Kristen Rundle

Lon L Fuller’s account of legality is widely accepted as the classic 20th century statement of the principles of the rule of law. What is much less accepted is his argument that a necessary connection between law and morality manifests in these principles. As a result, his jurisprudence continues to occupy a marginal place in a fi eld dominated by HLA Hart’s legal positivism and 53 Ronald Dworkin’s interpretive theory of adjudication. In Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller, Kristen Rundle offers a close textual analysis of Fuller’s published writings and working papers to dispute this prevailing assessment of his contribution. Fuller’s claims about law and morality, shehlbl explains, belong to a wider d exploration of the ways in which the form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, Forms Liberate demonstrates why his challenge to a purely instrumental conception of law remains salient for 21st century legal scholarship.

Kristen Rundle is a Lecturer in Law at the London School of Economics. Hardback 9781849461047 200pp Nov 11 £40 / €52 / US$80

Law’sL Moral Indifference TheT Tapestry of Reason AndreasA Takis AnA Inquiry into the Nature of CCoherence and its Role in Legal AArgument AmaliaA Amaya

Hardback 9781849460149 264pp Aug 11 £45 / €58.50/ US$90 Recentlyll legal l scholarship hl hih has been heavily infl uenced by coherence theories of law and adjudication. These theories signifi cantly advance the case for coherentism Law and Practical Reason in law, yet a number of problems remain. This ambitious new work is the fi rst to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates, these problems. The book is organised in three parts. Part one critically analyses the main coherentist approaches to both normative and factual reasoning in law. Part two investigates coherence theory in a number of fi elds that are relevant to law: coherence theories of epistemic justifi cation, coherentist approaches to belief revision and theory-choice, coherence theories of practical and moral reasoning, and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, part three develops a coherence-based model of legal reasoning, building upon the standard theory of legal reasoning, leading to a reconsideration of some of the basic assumptions that characterise this theory, and suggesting some lines along which it may be further developed. Thus, the book not only improves upon the current state of coherence theory in law, but also helps to articulate a theory of legal reasoning that results in better decision-making. Amalia Amaya is a Researcher in the Institute of Philosophical Research at the National Autonomous University of Mexico.

Hardback 9781849460705 488pp Jan 12 £75 / €97.50/ US$150

European Academy of Legal Theory Series

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Jurisprudence Law,L Virtue and Justice An International Journal of EditedE by Amalia Amaya and Hock Lai Ho Legal and Political Thought Edited by Sean Coyle, University of Exeter and George Pavlakos, University of Antwerp and University of Glasgow

Jurisprudenceid providesid a fforum for scholarly writing on the philosophy of law. While Thishi book b k explores, l ffrom a variety of perspectives, the relevance of virtue theory to demanding the utmost intellectual honesty, clarity and scholarly rigour, its editorial law. The concept of virtue is central in both contemporary ethics and epistemology, policy is distinctively open-minded in relation to philosophical approach. A main but in law, by contrast, there has been little interest in explaining normativity on purpose of the journal is to encourage scholarship which explores and transcends the model of virtue theory. In the last few years, however, ‘virtue jurisprudence’ the categories and assumptions on which contemporary jurisprudential debates are has emerged as a serious candidate for a theory of law and adjudication. This conducted, and to stimulate refl ection upon traditional questions concerning the collection of essays examines the role of virtue in general jurisprudence as well nature of law, politics and society. The journal’s unique reviews section will provide as in specifi c areas of the law. Part I puts together a number of papers discussing in-depth discussion and analysis of major developments in the fi eld. various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue, and character 54 Volume 2, 2011 (2 issues) Print ISSN 2040-3313 and Online ISSN 2040-3321 development. Critically, the essays selected analyse this relationship by combining Institutional Subscription Rates both eastern perspectives on virtue and character with western approaches. Part III Print with free online access: £130 (UK and Europe) / £140 (Overseas) and IV examine problems of substantive areas of law, more specifi cally, criminal law Online Only: £117 (Worldwide) and evidence law, from within a virtue-based framework. Last, Part IV discusses the Personal Subscription Rates relevance of empathy to our understanding of justice and legal morality. Print with free online access: £55 (UK and Europe) / £65 (Overseas) Amalia Amaya is a Researcher in the Institute of Philosophical Research at the Online Only: £49.50 National Autonomous University of Mexico. Hock Lai Ho is a Professor in the WWW.HARTJOURNALS.CO.UK/JURISPRUDENCE Faculty of Law at the National University of Singapore.

Hardback 9781849461757 326pp Sep 11 £60 / €78 / US$120 HannahH Arendt Law and Practical Reason anda the Law EditedE by Marco Goldoni Legisprudence aand Christopher McCorkindale General Editors: Luc J Wintgens, University of Brussels (Editor in Chief), Pauline Westerman, University of Groningen, Mauro Zamboni,

This book fi lls a gap in the ever-increasing literature on Hannah Arendt by providing Stockholm University and a coherent treatment of her many and varied observations about law. Though University of Bremen law was often overshadowed by more pressing concerns in her work, Arendt was insightful on topics as diverse as Greek and Roman concepts of law, human rights, Legisprudence contributes to the improvement of legislation by studying the constitutional design, legislation, sovereignty, international tribunals and judicial processes of legislation from the perspective of legal theory. The content of the review. This book retrieves these aspects of her legal philosophy for the attention journal covers legislation in a broad sense. This comprises legislation in both of both Arendt scholars and lawyers alike, bringing the two groups together to the formal and the material sense (from national and European parliaments, engage in lively debate. Following the editors’ introduction, the book is split into regulation, international law), and alternatives to legislation (covenants, sunset four sections: Part I explores the concept of law in Arendt’s thought; Part II explores legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour legal aspects of Arendt’s constitutional thought, fi rst locating Arendt’s republican and deontological codes, etc.). constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt’s thought on international Volume 5, 2011 (3 issues) Print ISSN 1752-1467 and Online ISSN 1752-1475 law is explored from the varied perspectives of international institutions, Institutional Subscription Rates international criminal law and the theoretical foundations of international law. Part Print with free online access: £95 (UK and Europe) / £105 (Overseas) IV debates the foundations, content and meaning of Arendt’s famous and infl uential Online Only: £85.50 (Worldwide) claim that the ‘right to have rights’ is the one true human right. Personal Subscription Rates Print with free online access: £45 (UK and Europe) / £50 (Overseas) Marco Goldoni is a member of the Faculty of Law at the University of Glasgow. Online Only: £40.50 Chris McCorkindale is a Lecturer in the School of Law and Social Sciences at WWW.HARTJOURNALS.CO.UK/LEGISPRUDENCE Glasgow Caledonian University.

Hardback 9781849461436 366pp Sep 11 £55 / €71.50 / US$110 See also... Law and Practical Reason Community and Collective Rights: A Theoretical Framework for Rights Held by Groups Dwight Newman Page 39 Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Edited by Mark van Hoecke Page 51

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The Costs and Funding of Civil Litigation A Comparative Perspective Edited by Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka

This book contains the fi rst major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. Linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 the book benefi ted from the as- sistance of leading practitioners around the globe. It analyses the principles and rules that relate to 55 paying courts, witnesses and lawyers, and rules on cost shifting. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. Thehb book k contains national lh chapters with in-depth analysis contributed by scholars in 18 jurisdictions: Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, S witzerland, Taiwan and USA, and a chapter on Latin American jurisdictions.

Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Oxford University. Stefan Vogenauer is Hardback 9781849461023 436pp Nov 10 £75 / €98 / US$150 Professor of Comparative Law, University of Oxford, and a Fellow of Brasenose Civil Justice Systems College. Magdalena Tulibacka is a Senior Lecturer at the University of Westminster.

CivilC Justice ‘Expert‘ Privilege’ in SystemsS in Europe CivilC Evidence ImplicationsI for Choice PaulP England oof Forum and Choice of CContract Law EditedE by Stefan Vogenauer aand Christopher Hodges CivilCi il justice j i systems of f the h Member States of the European Union differ Expert evidenceid ffrequently l wins or loses cases. The importance of handling that substantially. Despite recent trends towards convergence, each jurisdiction has its evidence properly is therefore paramount. Fundamental to this is the application own way of defi ning how people can legitimately resolve disputes and enforce of privilege. At the same time ‘expert privilege’ is a highly idiosyncratic and their rights and the obligations of others. The essays in this collection investigate problematic area, not adequately dealt with in the existing textbooks. Thorny the extent to which perceptions of differences between national civil justice privilege issues relating to expert documents, drafts, communications, instructions, systems affect businesses engaging in cross-border transactions when they choose collateral use, joint statements, statements of replaced experts, amongst other the forum and the governing contract law, including the results of a major survey issues, come up time and again in practice. This book approaches ‘expert privilege’ of European businesses on the impact which particular features of civil justice as a subcategory of privilege, providing an overview of the issues, cases and systems have on choices of forum and choices of law. rules that feature in this complex area, with the touchstone of practicality kept very much in mind throughout. The order in which issues are discussed follows This new work constitutes a major assessment of the strengths and weaknesses the process by which expert evidence is prepared, from instruction through to of EU domestic civil justice systems, and the prospects for recent EU collateral use. The intended readership is solicitors and counsel practicing in harmonisation measures. England and Wales in all the areas of civil, commercial litigation that use expert Stefan Vogenauer is Professor of Comparative Law in the University of Oxford and evidence. This book will also be of interest to practitioners in other common law a Fellow of Brasenose College, Oxford. Christopher Hodges is Head of the CMS countries and academics interested in English procedural law. Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Paul England is a solicitor at leading City fi rm Simmons and Simmons. Oxford University. Hardback 9781841133034 248pp Dec 10 £45 / €58.50 / US90 Hardback 9781841139852 300pp Jul 11 £50 / €65 / US$100

Studies of the Oxford Institute of European and Comparative Law

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TheT New York Convention the enforceability of state court judgments.The major instrument to that effect is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of A Commentary 10 June 1958 (the so-called New York Convention), for good reasons labelled as EditedE by Reinmar Wolff the Magna Carta of international arbitration.The New York Convention has been ratifi ed by 144 states so far. In this book experienced practitioners comment on the Convention article-by-article. A systematic introduction offers additional guidance. This traditional German approach provides for a clear structure which will swiftly guide the reader to the issue he or she is engaged with. Reinmar Wolff is an experienced arbitrator and Assistant Professor at the University of Marburg. Arbitration has become the dispute resolution mechanism of choice in cross-border Hardback 9781849461962 450pp Sep 11 £150 / €150 / US$300 contracts. International arbitration not only paves the way for the parties to avoid state courts, it also facilitates transnational enforceability of awards far beyond Beck/Hart Media Law

56

The Journal of Media Law Edited by Eric Barendt, University College London, Thomas Gibbons, University of Manchester and Rachael Craufurd Smith, University of Edinburgh

The Journal of Media Law is a peer-reviewed journal which turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the fi rst journal to offer a detailed view of media law.

Volume 3, 2011 (2 issues) Print ISSN 1757-7632 and Online ISSN 1757-7640 Personal Subscription Rates Institutional Subscription Rates Print with free online access: £55 (UK and Europe) / £65 (Overseas) Print with free online access: £130 (UK and Europe) / £140 (Overseas) Online Only: £49.50 Online Only: £117 (Worldwide) WWW.HARTJOURNALS.CO.UK/JML

See also...

Image and Publicity Rights: Exploitation and Legal Control Gillian Black Page 23

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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 parameters of the debate about euthanasia and assisted-dying. 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 57 moral views differ, we should not force individuals to experience deaths they fi nd 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 fi nds 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 Professor of Law at the London School of Economics. John Keown holds the Rose F. Kennedy Chair in Christian Ethics in the Kennedy Paperback 9781849461788 176pp Aug 11 £15 / €19.50 / US$30 Institute of Ethics at Georgetown University. Debating Law

GoverningG Biobanks CaringC and the Law UnderstandingU the Interplay JonathanJ Herring bbetween Law and Practice JaneJ Kaye, Susan M C Gibbons, CCatherine Heeney, Andrew Smart aand Michael Parker

BiobanksBi b k are rapidlyidl proliferatinglif because they are powerful tools in medical CaringC i andd theth LLaw considersid the law’s response to caring. It explores how care is research. Linking samples to data on the health of individuals, biobanks can be valued and recognised, how it is regulated and restricted and how the values of used to explore the relationship between genes, environment and lifestyle for caring are refl ected in the law. It does this by examining the law’s interaction with many diseases, as well as the potential of individually-tailored drug treatments caring in a wide range of fi elds including family, medical, welfare, criminal and tort based on genetic predisposition. However, biobanks also raise challenges for law. At the heart of the book is the claim that the law has failed to recognise the existing legal frameworks and research governance structures. This book critically importance of caring in many areas and that this failure has led to the costs and examines governance structures for biobanks in England and Wales and shows that burdens of care falling on those who provide it, primarily women. It has also meant the technologies, techniques and practices involved in biobanking do not always that the law has failed to protect those who receive care from the abuse that can conform to existing legal principles. Using interview data gathered from the scientifi c take place in a caring context. The book will promote an ethic of care as providing an community, this book provides unique insights and makes recommendations about ethical and conceptual framework for the law to respond to caring relationships. the governance of biobanking in the future. It also explores the issues around the Jonathan Herring is a Fellow and Tutor in Law of Exeter College, Oxford University. secondary use of information, such as consent and how to protect privacy, when biobanks are accessed by a number of different third parties. Paperback 9781849461061 264pp Jan 12 £22.50 / €29.25 / US$45 Jane Kaye is Director of the Centre for Health, Law and Emerging Technologies, University of Oxford. Susan M C Gibbons is Senior Research Associate in Law, Ethox Centre, University of Oxford. Catherine Heeney is a Researcher in Sociology at the Ethox Centre, University of Oxford. Andrew Smart is a Senior Lecturer in Sociology at Bath Spa University. Michael Parker is Professor of Bioethics and Director of the Ethox Centre, University of Oxford.

Paperback 9781841139050 338pp Oct 11 £35 / €45.50 / US$70

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DignityD in Bioethics ReproductiveR Autonomy anda Law anda the Regulation CharlesC Foster ofo Reproduction A Framework for Law and Policy ErinE Nelson

DignityDi i is i often f denounced d d as hopelessly amorphous or incurably theological – Reproductivedi choices hi are at once the most private and intimate decisions we as feel-good philosophical window-dressing, or as the name given to whatever make, and yet also the most public. Reproductive decision-making takes place principles give you the answer that you think is right. This, says Charles Foster, amidst a tangle of overlapping concerns - political and ideological, socio-economic is wrong: dignity is not only an essential principle in bioethics and law, it is and medical - all of which engage the public and involve strongly held opinions the only principle. In this ambitious, paradigm-shattering and highly readable and attitudes about appropriate conduct on the part of individuals and the state. book, Foster argues that dignity is the only sustainable Theory of Everything in This new book examines the idea of reproductive autonomy, noting that the bioethics. For most problems in contemporary bioethics, existing principles such more we look closely at the contours of the concept, the more we begin to see as autonomy, benefi cence, non-malefi cence, justice and professional probity uncertainty about its meaning and legal implications - about how we understand can do a workmanlike job if they are allowed to contribute appropriately. But and value reproductive autonomy. Both mainstream and feminist literature about 58 these are second order principles, each of which traces its origins back to dignity. autonomy contribute valuable insights. The developing feminist literature on And when one gets to the frontiers of bioethics (such as human enhancement), relational autonomy in particular provides a useful starting point for a conception dignity is the only conceivable language with which to describe and analyse the of reproductive autonomy that creates the opportunity for meaningful exercise of strange conceptual creatures found there. Drawing on clinical, anthropological, reproductive choice. With this contextualised approach to reproductive autonomy philosophical and legal insights, Foster provides a new lexicon and grammar of as a backdrop, the book traces the regulation of reproduction in Canadian, that language which will be essential reading for anyone wanting to travel in the English, US and Australian law and policy, arguing that not all reproductive outlandish territories of bioethics, and strongly recommended for anyone wanting decisions necessarily demand the same level of deference in law and policy. to travel comfortably anywhere in bioethics or medical law. Erin Nelson is Associate Professor of Law at the University of Alberta, and Charles Foster is a barrister practising medical law from Outer Temple Chambers, Research Fellow, Health Law Institute, University of Alberta. London. He also teaches medical law and ethics at the University of Oxford and is an Associate Fellow of Green Templeton College, Oxford. Hardback 9781841138671 314pp Dec 11 £50 / €65 / US$100

Paperback 9781849461771 158pp Sep 11 £30 / €40 / US$60 EthicalE and Legal BirthB Rites and Rights Requirements of EditedE by Fatemeh Ebtehaj, TransnationalT JJonathan Herring, Martin Johnson GeneticG Research aand Martin Richards Nikolaus Forgó, Regine Kollek, Marian AArning, Tina Kruegel and Imme Petersen

With the advancement of molecular technologies, genetic research has made enormous progress. To facilitate genetic research, the collection, integration and This multi-disciplinary multi disciplinary colleccollection of essays from the Cambridge Socio-Legal Group exploitation of data are prerequisite. Genetic data, however, providing information is concerned with the varying circumstances, manner, timing and experiences of not only about the person herself but also about her family, parentage and ethnic birth. It contains essays from a wide range of disciplines including law, medicine, decent, are regarded as both the most valuable and vulnerable data, worthy of anthropology, history, and sociology, examining birth from the perspectives of protection by all and any means. On the other hand, clinical research makes it mother, doctor, midwife and father. Questions considered in the book include: necessary to disclose and exchange genetic data. This book provides for an in- who has power during the birthing process? How has the experience of birth depth overview of the respective requirements. In its legal part focus is laid on the changed over time? Should birth mark a signifi cant change in the legal status European Data Protection Directive 95/46/EC and its impact on Trans-European of the foetus? What is the proper role of birth registration? What role, if any, do Research Projects and other genetic research networks. fathers have in the birthing process? How should the law respond to still birth? What legal rights should the woman have to refuse treatment during the birthing Nikolaus Forgó is Professor of Law at the University of Hannover. Regine Kollek process? What is the signifi cance of changes of the age at which women give is Professor for Technology Assessment in Biotechnology at the University of birth? This stimulating collection of papers provides new insights into one of life’s Hamburg. Marian Arning, Tina Kruegel and Imme Petersen are Research Fellows at most momentous moments. the Universities of Hannover and Hamburg. Fatemeh Ebtehaj is associate member of the Centre for Family Research, University Hardback 9781849461283 190pp Nov 10 £54 / €70 / US$108 of Cambridge. Jonathan Herring is a Fellow and Tutor in Law at Exeter College, Beck/Hart Oxford. Martin Johnson is Professor of Reproductive Sciences in the University of Cambridge and a Fellow of Christ’s College. Martin Richards is Emeritus Professor See also... of Family Research at the Centre for Family Research, University of Cambridge.

Paperback 9781849461887 280pp May 11 £40 / €52 / US$80 Perspectives on Causation Edited by Richard Goldberg Page 21 Health and Human Rights Thérèse Murphy Page 41

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Cases and Materials on EU Private International Law Stefania Bariatti

Since the Amsterdam Treaty of 1997 the EC has adopted a plethora of new instruments on the confl icts of laws. There are now laws 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 59 and non-contractual obligations. There are acts establishing procedures for recovering claims abroad: the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure. There are acts regulating cross-border insolvency proceedings, judicial assistance in the fi eld of serviceifd of documents, ttkif taking of evidence and access to justice. Nor is this long list exhaustive of Community activity in the area: further provisions are scattered among EC acts, including directives on consumer, labour and insurance contracts, company law, IP rights, securities, privacy, and so on. Moreover the Court of Justice has issued many judgments on the confl ict of laws and on the acquis communautaire in this fi eld. Assembling all the relevant Community acts and ECJ decisions in one place, this book provides a guide to the maze of operative instruments, supplemented by brief commentaries identifying the leading principles and anticipating future developments.

Stefania Bariatti is Jean Monnet Chair of Private International Law at the University of Milan. Paperback 9781849460279 668pp Mar 11 £40 / €52 / US$80

Studies in Private International Law

Journal of Private InternationalI Antitrust International Law LitigationL General Editors: ConflC ict of Laws and Paul Beaumont, University of CCoordination Aberdeen, Jonathan Harris, Edited by Jürgen Basedow, Stéphanie University of Birmingham Francq and Laurence Idot

‘The‘Th JJournall simplyi l ithis the leading English-language law review for TheTh decentralisation d li i of f competition law enforcement and the stimulation of private private international law, worldwide.’ Professor. Dr. Peter Mankowski damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever- This journal covers all aspects of private international law, refl ecting the role of the growing need for clear and workable rules to coordinate cross-border actions, whether European Union and the Hague Conference on Private International Law in the they are of a judicial or administrative nature: rules on jurisdiction, applicable law and making of private international law, in addition to the traditional role of domestic recognition as well as rules on sharing of evidence, the protection of business secrets legal orders. It offers an important forum for the sharing of information and ideas and the interplay between administrative and judicial procedures. This book offers from legal systems around the world. in-depth analysis of these long neglected yet practically most important topics. It is Volume 7, 2011 3 issues) Print ISSN 1744-1048 and Online ISSN 1757-8418 the fruit of a research project funded by the European Commission, which brought Institutional Subscription Rates together experts from academia, practice and policy-making from across Europe and Print with free online access: £160 (UK and Europe) / £170 (Overseas) the United States. The sixteen chapters cover the relevant provisions of the Brussels I Online Only: £144 (Worldwide) and Rome I and II Regulations, the cooperation mechanisms provided for by Regulation Personal Subscription Rates 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the Print with free online access: £85 (UK and Europe) / £95 (Overseas) existing legislative framework and formulates specifi c proposals that would consolidate Online Only: £76.50 and enhance cross-border antitrust litigation in Europe and beyond. WWW.HARTJOURNALS.CO.UK/JPRIVINTL Jürgen Basedow is Director, Max Planck Institute for Comparative and International Private Law, Hamburg, Professor at the University of Hamburg and former chairman of the German Monopolies Commission. Stéphanie Francq is Professor at the University of Louvain. Laurence Idot is Professor at the University Paris II Panthéon-Assas and member of the French competition authority. Hardback 9781849460392 264pp Aug 11 £75 / €98 / US$150 Studies in Private International Law ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Property Law Hart Publishing

InternationalI MediatingM International ChildC Abduction ChildC Abduction Cases TheT Inadequacies of the Law SarahS Vigers ThaliaT Kruger

International child abduction occurs when one parent wrongfully takes a child to, or keeps it in, a country other than its country of habitual residence. The author of this Hardback 9781849461818 128pp Jul 11 £45 / €59 / US$90 work was part of a research team that conducted a study, partially funded by the Studies in Private International Law European Commission, to examine this problem in Belgium and Hungary, analysing cases from 2007 and 2008 and interviewing the affected parents. This book, which sets the problem of child abduction within its international context, is a revised See also... version of the Belgian research report. It looks at the families in which abduction took place, how the abduction was planned, the quest for the return of the child Civil Justice Systems in Europe: Implications for Choice of (including legal proceedings) and the aftermath of the abduction. Throughout Forum and Choice of Contract Law 60 the book, the results of the quantitative and qualitative data are explained. What Edited by Stefan Vogenauer and Christopher Hodges, Page 55 emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family confl ict is a complex societal issue, and child abduction is a severe form of family confl ict. Rather than responding to child abduction with contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favoured. Thalia Kruger works at the Katholieke Universiteit Leuven and at the Flemish Centre for Minorities, Belgium.

Hardback 9781849461566 260pp Jul 11 £50 / €65 / US$100

Studies in Private International Law Property Law

The Principles of Personal Property Law Duncan Sheehan

The law of personal property covers a wide spectrum, however hitherto its structure has been neglected in the academic texts. But it is a system and can best be understood as such. Indeed when not viewed as a system, it becomes diffi cult to understand. This new textbook provides comprehensive and detailed coverage of the subject, including transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together topics scattered throughout company law, commercial law, trusts and torts it enables the reader to see common themes and issues and to make generalisations across different contexts about the nature of these concepts in English law. Throughout the book these concepts are carefully explained, with reference to how they are used in commercial practice and everyday life. The book will be of use to students on undergraduate commercial law courses, commercial LLM courses, integrated property law courses, and specialised personal property modules. It will also be useful to academics and practitioners working in the area.

Duncan Sheehan is a Senior Lecturer in Law at the University of East Anglia. Paperback 9781841133164 380pp Oct 11 £35 / €45.50 / US$70

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HomeH Equity and ModernM Studies AgeingA Owners ini Property Law Between Risk and Regulation VolumeV 6 Lorna Fox O’Mahony Edited by Susan Bright

TheTh growing i use of f hhousing i equity to support a range of health and welfare TheTh Modern M d Studies St di iin PProperty Law Conference has become well-known as a needs raises complex issues, particularly when it is older owners who are being unique opportunity for property lawyers to meet and confer both formally and asked to choose from a complex and bewildering range of options. Transactions informally. The eighth biennial conference was held at the University of Oxford in which facilitate the use of home equity as a resource to spend in later life - from March 2010, and this book is the sixth in the series Modern Studies in Property ‘trading down’ and ‘ordinary’ secured and unsecured debt to targeted products Law. The volume is a refereed and revised selection of the papers given at the including reverse/lifetime mortgages, home reversion plans and sale-and-rentback Oxford conference, covering a broad range of topics of contemporary importance, agreements – raise important legal and regulatory issues. both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law This book provides a contextual analysis of the fi nancial transactions that older people Commissioner, Professor Elizabeth Cooke. enter into using their housing equity. It traces the protections afforded to older owners 61 through the ‘ordinary’ law of property and contract, as well as the development of Susan Bright is Professor of Land Law and McGregor Fellow at New College, specifi c regulatory protections focused on targeted products. The book employs the Oxford University. notion of risk to highlight the nature and causes of the ‘situational’ vulnerabilities to which older people are now subject as ‘consumers’ of housing equity, showing that the Hardback 9781849461856 388pp Apr 11 £75 / €97.50 / US$150 older owner’s personal situation is crucial in determining whether and why they may seek to release equity, the options and products available to them, and the impact of harms resulting from adverse transactions. See also... Lorna Fox O’Mahony is Professor of Law at Durham Law School. The Right to Housing Jessie Hohmann Page 39 Hardback 9781849460071 312pp Sep 11 £65 / €84.50 / US$130

Public International Law

Using International Law in Domestic Courts Second Edition Shaheed Fatima

Published in 2005, this was the fi rst practitioners’ book (written by a practitioner and for other practitioners regardless of their specialist area of practice) to deal with how international law is, and can be, used in English courts in a wide range of fi elds, ranging from criminal law to family law to commercial law. More than fi ve years on, and in the light of the burgeoning case law, this second edition provides a much needed and completely updated and expanded review of the topic. The new edition continues to provide, in a distilled format, the relevant principles of law and their application in this area. It also now includes further commentary and analysis to guide practitioners’ use and application of international law in English courts. From the reviews of the fi rst edition: “This book will prove invaluable to practitioners and judges… Above all, it does justice to the full range of the kinds of legal proceedings in which international law points may have to be considered, from aviation law to employment law and family law.” Rabinder Singh QC, Judicial Review “... an important book and achieves its aims of providing a clear, accessible but comprehensive reference point for the increasing number of lawyers whose practice raises questions of international law.” European Human Rights Law Review

Shaheed Fatima is a Barrister at Blackstone Chambers, London. Hardback 9781849461504 530pp Oct 11 £60 / €78 / US$120

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TheT Occupation of Iraq: Alwaqai Aliraqiya, the Offi cial Gazette of Iraq, as well as other relevant offi cial documents of the Coalition Provisional Authority (CPA), the Iraqi Governing VolumeV 1 Council, the occupying powers and the United Nations. Some of these legal TheT Governance of Occupied acts have shaped the economic and political system of Iraq and will apply for years to come. This collection archives these important documents for future use TTerritory in Contemporary and makes them easily accessible to researchers and professionals. Considering IInternational Law that the main source of information for the occupying powers in Iraq were the precedents set during the First and Second World Wars, the occupation of Iraq will StefanS Talmon serve as a modern precedent for future administrations of occupied territory. The volume begins with a general analytical introduction by the editor which covers the legal status and work of the CPA. The documents are made accessible This, the fi rst in a two volume set on the Occupation of Iraq by Stefan Talmon is by a list of contents and abbreviations, a detailed chronology, extensive cross a major work of reference in its own right, and the most comprehensive modern referencing and indexes. monograph on occupied territory in contemporary international law. Hardback 9781841136424 1378pp Jul 11 £80 / €104 / US$160 Stefan Talmon is Professor of Public International Law, Oxford University, and a Fellow of St Anne’s College. He practises as a Barrister from 20 Essex Street Documents in International Law Chambers in London.

Hardback 9781849462075 382pp Oct 11 £60 / €78 / US$120 The Occupation

62 of Iraq: Two Volume Boxed Set TheT Occupation of Iraq: Documents and VolumeV 2 Commentary TheT Offi cial Documents of Stefan Talmon tthe Coalition Provisional AAuthority and the Iraqi GGoverning Council This is the two-volume boxed set, containing the monograph ‘The Governance StefanS Talmon of Occupied Territory in Contemporary International Law’ and the accompanying volume of documents on the occupation of Iraq, ‘The Offi cial Documents of the This volume in the Series ‘Documents in International Law’ covers the occupation Coalition Provisional Authority and the Iraqi Governing Council’. of Iraq. The book presents more than 250 documents including all Regulations, Hardback 9781849462082 1760pp Oct 11 £135 / €175 / US$270 Orders, Memoranda and Public Notices promulgated by the occupying powers in A History of the Laws of War Alexander Gillespie

This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BC, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to fi nd ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of confl ict. Thus it is that this work is divided into three substantial parts: volume 1 on the laws affecting combatants and captives; volume 2 on civilians; and volume 3 on the law of arms control. As a work of reference this set of three books is unrivalled, and will be of immense benefi t to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself. Alexander Gillespie is Pro Vice-Chancellor for Research and Professor of Law at the University of Waikato, New Zealand

Volume 1: Combatants and Captives Volume 3: The Law of Arms Control Hardback 9781849462044 300pp Aug 11 £45 / €58 / US$90 Hardback 9781849462068 244pp Aug 11 £45 / €58 / US$90 Volume 2: Civilians in Times of Armed Confl ict 3 Volume Boxed Set Hardback 9781849462051 300pp Aug 11 £45 / €58 / US$90 Hardback 9781849462037 884pp Aug 11 £125 / €162.50 / US$250

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TheT Israeli-Palestinian TheT Politics of ConflC ict and its Resolution International Law SourcesS and Discourses Martti Koskenniemi TalT Becker and Ghaith Al-Omari

In this new, groundbreaking textbook two leading Israeli and Palestinian Todaydi international i lli law is everywhere. Wars are declared and conducted in negotiators and legal scholars join forces to provide an indispensable resource its name, and in its name rights are both protected and renounced. It is also for any student or teacher of the Israeli-Palestinian confl ict. The book incorporates international law which determines who owns and uses the world’s scarcest the major primary sources for understanding the confl ict and presents the key resources. Thus international law is part of a dangerous and unjust world, a part issues in dispute in a way that enables the different perspectives to be evaluated of how we are governed globally. But it can also be used to challenge aspects of and appreciated. Becker and Al-Omari, each with extensive high-level experience this world and to give voice to projects which seek to transform the institutions of in seeking to resolve the confl ict, offer a unique collection of materials and global governance. insights that provide a critical tool for anyone interested in the confl ict and a new In this collection of essays Professor Martti Koskenniemi, a well known practitioner methodology for teaching and addressing the issues for anyone interested in and one of the great theorists and historians of international law examines the 63 advancing its resolution. recent debates on humanitarian intervention, collective security, protection of Tal Becker is an International Associate at the Washington Institute for Near East Policy human rights and the ‘fi ght against impunity’ and refl ects on the use of the and a Senior Fellow at the Hartman Institute for Contemporary Jewish Thought. professional techniques of international law to intervene politically. The essays Ghaith Al-Omari is Advocacy Director at the American Task Force on Palestine. both illustrate and expand his infl uential theory of the critical role of international law in international politics. The book is prefaced with an introduction by Professor Paperback 9781901362411 428pp Oct 11 £35 / €45.50 / US$50 Emmanuelle Jouannet (Sorbonne Law School) which locates the texts in the context of Koskenniemi’s overall thought and work. InternationalI Law Martti Koskenniemi is Professor of Public Law at the University of Helsinki and Director of the Erik Castren Institute of International Law and Human Rights. A Critical Introduction Paperback 9781841139395 464pp Jun 11 £35 / €45 / US$70 WadeW Mansell

Transnational Legal Theory Convening Editor Craig Scott, Osgoode Hall ThisThi bbookk iis iintendedd d to provide a robust, learned but critical introduction to the concepts, principles and rules of international law via a consideration of Law School contemporary international events. It provides students with the tools to weigh the relevance of international law to particular disputes as well as an appreciation of the possibilities and limitations of legal method in international disputes. This calls for an examination of the relationship between international law and power. TheTh objective bj ti of f TransnationalTti Legal Theory is to publish high-quality theoretical Rather than studying international law as a system of rules that purports to govern scholarship that addresses transnational dimensions of law and legal dimensions or constrain the international community, this book considers the actual effects of of transnational fi elds and activity. Central to Transnational Legal Theory’s mandate international law upon international disagreements. is publication of work that explores whether and how transnational contexts, Such an approach is sceptical rather than cynical, providing a means to evaluate forces and ideations affect debates within existing traditions or schools of legal the role of international law. This necessitates discussion of the legal quality thought. Similarly, the journal aspires to encourage scholars debating general of international law; of the relationship between the academic disciplines of theories about law to consider the relevance of transnational contexts and international law and international relations; of the apparent ‘Eurocentricity’ dimensions for their work. of international law; and of the relationship between political power and the Volume 2, 2011 (4 issues) Print ISSN 2041-4005 and Online ISSN 2041-4013 ability to use or abuse international law. The underlying assertion of the book is Institutional Subscription Rates that international law, being concerned with the exercise of power, is political Print with free online access: £140 (UK and Europe) / £150 (Overseas) in content but draws much of its effectiveness from its self-portrayal as being Online Only: £126 (Worldwide) apolitical, or politically neutral. Personal Subscription Rates Wade Mansell is Professor of International Law at the University of Kent, Print with free online access: £70 (UK and Europe) / £75 (Overseas) Canterbury. Online Only: £63 Paperback 9781849460972 244pp Sep 11 £15.95 / €21 / US$32 WWW.HARTJOURNALS.CO.UK/TLT

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FiveF Masters of TheT Concept of Unity in InternationalI Law Public International Law ConversationsC with R-J Dupuy, Mario Prost E Jiménez de Aréchaga, R Jennings, L Henkin and O Schachter AntonioA Cassese This book consists of interviews with fi ve distinguished international lawyers from ‘Fragmentation’‘i’hb has become a defi ning, albeit controversial, metaphor of the UK, USA, Uruguay and France, conducted by the author, Antonio Cassese, international law scholarship in the era of globalisation. Some scholars see it between 1993 and 1995. Each interview is preceded by a brief ‘intellectual portrait’ as a new development, others as history repeating itself; some approach it as a of the interviewee. In his general introduction Cassese stresses that the interviews, technical issue and some as the refl ection of deeper political struggles. But there all based on the same questionnaire, were intended to bring out not only the main is near-consensus about the fact that the established vision of international law ideas associated with each scholar in the fi elds of international law and international as a unitary whole is under threat. At the core of the fragmentation debate lies relations, but also his intellectual and philosophical background, his general outlook the concept of unity, but this is hardly ever rationalised and is more assumed than and his views of the prospects for the evolution of the international community. In explained. Its meaning remains vague and intuitive. The present book attempts to his fi nal essay, Cassese brings together the main threads of the interviews and points dispel that vagueness by exploring the various possible meanings of the concept 64 to the parallels and divergences appearing from them. of unity in international law. However, eschewing one grand theory of unity, it

identifi es and compares fi ve candidates. Intentionally pluralistic in its outlook, This book offers a unique and important insight into the legal minds and outlook the book does not engage in normative arguments about whether international of a select group of prominent scholars of international law and legal institutions law is or should be unitary but seeks to show instead that the concept of unity is during the last years of the 20th century. contested and that discourses on fragmentation are necessarily contingent. Antonio Cassese is an international lawyer who has combined being a university The thesis on which the book is based won the 2009 Prize for best doctoral thesis professor with membership of important UN bodies, and, latterly, membership of from the Association des professeurs de droit du Québec. several international tribunals. Since March 2009 he has been Judge and President of the Special Tribunal for Lebanon. Mario Prost is a Law Lecturer at Keele University.

Paperback 9781849461207 290pp Mar 11 £30 / €39 / US$60 Hardback 9781849460439 200pp Aug 11 £45 / €59 / US$90

Hart Monographs in Transnational and International Law TheT Attribution of EnforcementE Powers InterlockingI Constitutions tot UN Peacekeeping TowardsT an Interordinal TTheory of National, OperationsO in the European and UN Law 21st2 Century Luis Gordillo Perez JamesJ Sloan

Since the end of the last century, UN peacekeeping has undergone a fundamental change. Peacekeeping operations, long expected to use force only in self-defence LuisL i GGordillodill PPerez iis an AAssociate Professor at the University of Deusto, Bilbao. and to act impartially, are now being relied upon as a means to maintain and Hardback 9781849462211 264pp Jul 11 £50 / €65 / US$100 restore security. Operations established under Chapter VII of the Charter are sometimes empowered to use ‘all necessary measures’, language traditionally Hart Monographs in Transnational and International Law reserved for enforcement operations. Through a close examination of 21st century peacekeeping operations - including in Sierra Leone, Democratic Republic of the Congo, Liberia, Côte d’Ivoire, Haiti and Darfur - the book shows that they are fundamentally ill-suited to the enforcement- type tasks being asked of them. These operations, frequently under-funded, under- equipped and under-trained, lurch from crisis to crisis, and there is scant evidence that matters are likely to improve. The book therefore argues that bestowing enforcement-type functions on peacekeeping operations is misconceived. Such operations are more likely to be perceived as partial, their ability to carry out traditional peacekeeping tasks weakened. The Security Council’s practice of charging peacekeeping operations with enforcement functions ultimately lessens the pressure on the Council to establish genuine enforcement operations - operations that are considerably better-suited to restoring peace and security. James Sloan is a Lecturer in International Law at the University of Glasgow.

Hardback 9781849461146 232pp Jul 11 £60 / €78 / US$120

Studies in International Law

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VattelV and the Reappraising the EmergenceE of Classic Resort to Force InternationalI Law International Law, Jus ad EmmanuelleE Jouannet translated by Bellum and the War on Terror GGina Bellande and Robert Howse Lindsay Moir

This highly original work by leading French scholar Emmanuelle Jouannet takes A number of commentators assert that the military response to the terrorist a fresh look at the emergence of classical international law and provides an atrocities of 11 September 2001 has signifi cantly impacted upon the international original and decisive reinterpretation. According to the modern and conventional law regulating resort to armed force by states (jus ad bellum), loosening the account Grotius, and his predecessors the Spanish jurists, are credited as the constraints on self-defence. Some even suggest that the very future of the UN ‘fathers’ of the modern ius gentium. But this picture of history is now both Security Council is at risk in its current form. This book places the ‘war on terror’ inaccurate and incomplete. With rare erudition based on an exhaustive analysis within the context of international law, assessing how, or whether, it can be of the foundational concepts and principal texts of the great jurists of the accommodated within the existing legal framework limiting the use of force. In so period, Jouannet shows that it was only during the 18th century Enlightenment doing the book determines whether, and to what extent, the right to use force is that a genuine doctrine of international law emerged. In particular Jouannet currently undergoing a radical transformation. focuses on the work of a Swiss jurist Emerich de Vattel (1714-1767), for long 65 “...a signifi cant contribution to the emerging debate... and a worthwhile a forgotten fi gure, showing how his ideas engendered fresh understanding of read for anyone interested in this area” Journal of Confl ict and Security Law what international law meant, and stimulated the fundamental debates which international lawyers are still engaged in today. The translation has been prepared Lindsay Moir is Professor of International Law at Hull University. under the supervision of Robert Howse, professor of international law at NYU Law Paperback 9781849462150 194pp Apr 11 £22.50 / €29.25 / US$45 School, and the author herself. Studies in International Law Emmanuelle Jouannet is a Professor of Law at the University of Paris 1, Pantheon-Sorbonne.

Hardback 9781841136912 344pp Oct 11 £45 / €58.50 / US$90 InternationalI Humanitarian LawL and Terrorism FightingF Monsters AndreaA Bianchi and Yasmin Naqvi British-AmericanB War-making aand Law-making RoryR Brown

ThisThi book b k carefully f ll and d thoroughly h analyses the legal questions raised by the phenomenon of terrorism, and efforts to fi ght it, from the perspective of international humanitarian law. The objective is to contribute to a better understanding of the issues surrounding IHL as it applies to terrorism and to Against the backdrop of the British-American law- and war-making of the fi rst analyse the current debates on these critically important questions. The doctrinal decade of the millennium, Rory Brown considers how the way we think about debates are laid out, but emphasis is placed on the practice of social actors, law affects the way we make war and how the way we think about war affects particularly States. The analysis of their conduct and their expectations about the the way we make law. The discussion focuses on aggressive or ‘pre-emptive’ war, interpretation and application of the law is crucial to establishing an interpretive targeted killings, torture and arbitrary detention, four elements of aggression that consensus on when and how IHL is relevant to regulate acts of terrorism. unsettle our complacent understandings of what law means in a liberal democracy. The reader is presented with the relevant rules of IHL and other legal regimes The author argues that force is a quintessential albeit ambivalent element of concerning terrorism, the debates over their application, the contradictions in any realistic and intellectually coherent concept of law. He then reappraises the State practice and the impact these may have upon IHL. The aim is to provide legal classic question at the intersection of martial doctrine and political philosophy in practitioners, as well as those in military, political and academic circles, with a its contemporary context, arguing that we need not, in fi ghting monsters, become useful reference point. monstrous ourselves; that fi ghting partisans does not entail our own partisanship; and that we can indeed govern without dirtying our hands. Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. Seeking to ground a total, essentialist and practical theory of legality’s sordid Yasmin Naqvi is a Fellow of the Graduate Institute of International and relationship with brutality, the book encompasses language and image; war and Development Studies in Geneva. crime; liberty, security and rationality; amity, enmity and identity; sex, terror and perversion; economy and hegemony; parliaments, the press and the public man. Hardback 9781849461375 450pp May 11 £75 / €96 / US$150

“Fighting Monsters makes an important and provocative contribution, Studies in International Law by encouraging us to revisit our understanding of the nature of law and its role in combating barbarism” Philippe Sands QC, Professor of Law, University College London “An exceptional piece of work... deep, broad, rich, original, compelling, and much more.“ Martin Scheinin, UN Special Rapporteur on Human Rights and Counter-terrorism and Professor of Public International Law, European University Institute

Rory Brown is a barrister in chancery practice in Lincoln’s Inn, London.

Hardback 9781849460934 320pp Feb 11 £35 / €45.50 / US$50

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BritishB Overseas Multi-Sourced TerritoriesT Law Equivalent Norms in IanI Hendry and Susan Dickson InternationalI Law EditedE by Tomer Broude and Yuval Shany

This is a manual of law and practice concerning the 14 British overseas territories: Recent decades have witneswitnessed an impressive process of normative development Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; in international law, with new political and judicial institutions established to apply Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn Islands; St Helena, and adjudicate new rules. This trend has been accompanied by the consolidation of Ascension and Tristan da Cunha; South Georgia and South Sandwich Islands; treaty norms into international custom, and increased references to international Sovereign Base Areas in Cyprus; Turks and Caicos Islands; and Virgin Islands. law in domestic settings. As a result, international relations have reached a level of

normative intensity which has given rise to the phenomenon of fragmentation. The book provides a comprehensive and up-to-date description of the constitutional and international status of these territories, and of the main elements of their The debate over the fragmentation of international law has largely focused on confl icts modern governance in law and practice. It describes their constitutional position of norms and of authority. However there is also a growing amount of normative and relationship with the UK, and deals with legislative, executive and judicial equivalence between rules in different fi elds of international law. For instance new 66 authority and controls, the sources of law and human rights protection. It covers treaty rules often replicate international customary norms, while regional arrangements defence, security and emergency powers in the territories; the nationality and status echo those already existing at the global level. This book focuses on such instances of people ‘belonging’ to them; their public fi nance arrangements; their relationship of normative parallelism, developing the concept of ‘multisourced equivalent norms’ with the EU; and the conduct of their external relations. It examines the status of in international law, with contributions by leading international experts exploring the the territories in international law, their relationship with the UK in that context and implications of the concept in contexts that span the full spectrum of international the UK’s international responsibility for them. It concludes with a description of the law and institutions. By concentrating on situations governed by a multitude of similar means of terminating British sovereignty. norms, the book emphasises the importance of legal contexts and institutional settings to international law-interpretation and application. Ian Hendry is a Constitutional Adviser to the Foreign and Commonwealth Offi ce and a former Deputy Legal Adviser there. Tomer Broude is a Senior Lecturer in the Faculty of Law and Department of Susan Dickson is a Legal Counsellor at the Foreign and Commonwealth Offi ce. International Relations, at the Hebrew University of Jerusalem. Yuval Shany is the Hersch Lauterpacht Chair in Public International Law at the Hardback 9781849460194 364pp Mar 11 £60 / €78 / US$120 Faculty of Law of the Hebrew University of Jerusalem.

Hardback 9781849461450 308pp Mar 11 £60 / €78 / US$120 TheT Distinction and Studies in International Law RelationshipR between Jus ada Bellum and Jus in Bello TerrorismT KeiichiroK Okimoto BenB Saul

ThisThi book b k explores l the th distinction di ti and relationship between two principal branches of international law regulating the use of force: jus ad bellum (when force can be used) and jus in bello (how force can be used). Two principles govern their relationship: 1) separation and 2) equal application of jus in bello to the confl icting ThereThere is aann inincreasingcreasing aamountmou of public international law directly or indirectly parties. These principles emerged to prevent a confl icting party who is using force relevant to confronting terrorism. There is also a proliferating body of ‘soft illegally under jus ad bellum, then benefi tting from the protection for victims of law’ addressing terrorism, stemming particularly from UN organs, specialised armed confl ict under jus in bello, which is designed to protect all victims of armed international bodies and regional organisations. Legal efforts aimed at curbing confl ict impartially. There is, however, a third principle: concurrent application of terrorism stem from a wide variety of sources, over a substantial period of time, jus ad bellum and jus in bello. Jus ad bellum now regulates the use of force during and it is timely to draw the key documents together into a single reference work. a confl ict alongside jus in bello and the two are now treated as one set of rules Bringing the documents together preserves them for future reference and also applying during a confl ict. The book explores in detail the interaction between the enables scholars, practitioners and students to more easily and quickly compare two, examining the relationship in contexts besides self-defence and international and contrast various documents. armed confl ict – such as the use of force under Chapter VII of the UN Charter, The book is comprehensive in coverage (thematically, organisationally, geographically non-international armed confl ict, and armed confl ict of a mixed character. and temporally) and open to a balance of sources (hard and soft), but is nonetheless Keiichiro Okimoto is Legal Adviser to the International Committee of the Red Cross judicious in its selection and prioritisation of the most signifi cant and representative Delegation in Iraq. documents, in a fi eld where there are a great many repetitive and insubstantial documents to sift through. Further, the book looks beyond the traditional bias Hardback 9781849460552 336pp Jul 11 £55 / €71.50 / US$110 towards European, British and American sources, to also include a selection of Studies in International Law materials from Asia, Africa, Latin America and the Middle East. Ben Saul is Director of the Sydney Centre for International Law at Sydney University and a barrister.

Hardback 9781841139869 1576pp Jan 11 £45 / €58.50 / US$90

Documents in International Law

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IndigenousI Peoples in TheT United Nations InternationalI and ConventionC on the ComparativeC Law CrimeC of Genocide ThaliaT Anthony, Larissa Behrendt A Commentary aand Ben Saul ChristianC Tams and Martin Mennecke

This book provides a comprcomprehensive account of the indigenous peoples in ChristianCh i ti TTams iis PProfessor f of International Law at the University of Glasgow. international law, with additional comparative law perspectives. While scholarly in Martin Mennecke is a senior researcher with the Department of Holocaust and approach, the book is intended as a textbook for students, and therefore covers a Genocide Studies of the Danish Institute of International Studies. wide range of topics relevant to the study of indigenous peoples. Hardback 9781849461986 400pp Dec 11 £150 / €150 / US$300 The book fi rst considers the theory and practice of international law in encounters between indigenous peoples and European colonial powers, investigating how Beck/Hart domestic legal systems applied, ignored or challenged international law during the colonial era. It examines prevailing legal doctrines governing acquisition of title to territory, underlying concepts of sovereignty, authority and self-determination, TheT Vienna Convention on 67 and competing approaches to conceptualising indigenous legal interests. The book DiplomaticD and Consular looks at how international law has enabled indigenous peoples to challenge their treatment in national legal systems, particularly through the human rights machinery MattersM and political organs of the UN. Various mechanisms for reparation for historical A Handbook injustices are evaluated, and the limitations of strategies of redress assessed. MichaelM Richtsteig The book covers the experiences of indigenous peoples across Australasia, America and Canada, Africa, the Middle East and Europe, combining discussion of the law in practice with a theoretical account of indigenous claims, rights and remedies, unresolved issues and possible future directions for reform. MichaelMi h l RiRichtsteig h i iis a didiplomat l in the German Foreign service.. Thalia Anthony is a Senior Lecturer in Law at University of Technology, Sydney. Larissa Behrendt is the Professor of Law and Director of Research at the Jumbunna Hardback 9781849461894 350pp Aug 11 £120 / €120 / US$240 Indigenous House of Learning at the University of Technology, Sydney. Ben Saul is Associate Beck/Hart Professor and Director of the Sydney Centre for International Law at Sydney University.

Paperback 9781901362404 348pp Sep 11 £35 / €45 / US$70 FeministF Perspectives ono Contemporary TheT United Nations InternationalI Law ConventionC on the BetweenB Resistance LawL of the Sea aand Compliance? A Commentary EditedE by Sari Kouvo and Zoe Pearson AlexanderA Prölss The essays in this volume analyse feminism’s recent positioning in international law scholarship. The authors argue that feminist perspectives on international law have come to be situated between ‘resistance’ and ‘compliance’. That is, Alexander Prölss is a University Univer Professor of Public Law at the Christian-Albrechts feminist scholarship aims at deconstructing international law to show why and University in Kiel. how ‘women’ have been marginalised; at the same time feminists have been Hardback 9781849461924 1500pp Jul 11 £300 / €300 / US$600 largely unwilling to challenge the core of international law and its institutions, remaining hopeful of international law’s potential for women. The fi rst part, Beck/Hart theory and method, looks at how feminist perspectives on international law have developed and introduces new theoretical and methodological tools. The second part, national and international security, focuses on how feminisms have situated themselves in relation to the current discourses of ‘crisis’ and the changing discourses of violence against women. The third part, global and local justice, addresses some of the emerging trends in international law, focusing especially on transitional justice, state-building, traffi cking and economic globalisation. Sari Kouvo is Senior Program Associate with the International Centre for Transitional Justice and Co-Director of the Afghanistan Analysts Network. Zoe Pearson is a Lecturer in the School of Law, Keele University.

Paperback 9781841134284 226pp Apr 11 £35 / €45 / US$70

Oñati International Series in Law and Society

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TransnationalT SelectS Proceedings of AdministrativeA Rule-Making thet European Society of Performance,P Legal Effects InternationalI Law aand Legitimacy VolumeV 3, 2010 EditedE by Olaf Dilling, Martin Herberg EditedE by James Crawford and aand Gerd Winter SSarah Nouwen

In an age of globalisation, many regulatory problems lie beyond the reach of Thishi book b k continues i the h seriesi Select Proceedings of the European Society of the nation state. We expect international law to be the appropriate forum for International Law, containing the proceedings of the Fourth Biennial Conference addressing these problems, but this assumes formal consensus amongst states, organised by ESIL and the University of Cambridge in 2010. The title of the which in reality does not exist in most cases. Instead a number of informal conference was ‘International Law 1989-2010: A Performance Appraisal’. The structures of public governance have emerged which operate within the highlights, selected for publication in this volume, cover a wide spectrum of topics transnational space between national and international law. These structures in international law. display a great variety - ranging from loose transboundary networks linking James Crawford is the Whewell Professor of International Law at the University national administrative agencies and transnational expert committees, to networks of Cambridge and a Fellow of Jesus College. Sarah Nouwen is Mayer Brown involving administrative staff of international organisations. These network- Research Fellow in International Law at the University of Cambridge and a Fellow 68 like structures have become important building blocks of global governance, of Pembroke College. addressing today’s regulatory issues in a more fl exible way. At the same time their informality raises crucial questions of legitimacy. Paperback 9781849462020 378pp Aug 11 £65 / €85 / US$130 The present volume shows how transnational administrative governance leads to a paradox: while it performs well in many areas, its informality profoundly lacks legitimacy. This book explores a broad range of legitimation mechanisms TheT Irish Yearbook of different types and shows that there can be a fi t between certain forms of legitimation and specifi c governance constellations. In doing so, the book adds an ofo International Law empirical layer to our understanding of transnational administrative governance. VolumeV 3, 2008 Olaf Dilling is research associate at the Collaborative Research Center EditedE by Jean Allain ‘Transformations of the State’ at Bremen University. aand Siobhán Mullally Martin Herberg is senior research fellow at the Collaborative Research Center ‘Transformations of the State’, Bremen University. Gerd Winter is Professor of Public Law and the Sociology of Law at the University of Bremen Department of Law. TheTh IIrish i h YYearbook b k of f IInternationali Law focuses on Ireland’s practice in international Hardback 9781841132228 340pp Jan 11 £60 / €78 / US$120 affairs and foreign policy, fi lling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book FinnishF Yearbook of reviews on general issues of international law. Designated correspondents provide InternationalI Law reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation VolumeV 20, 2009 bodies in Ireland. In addition, the Yearbook reproduces documents that refl ect Irish Editor-in-ChiefE Jan Klabbers practice on contemporary issues of international law. Further details of the IYIL can be seen at: www.hartjournals.co.uk/iyil Jean Allain is a Senior Lecturer in Law at Queen’s University Belfast. Siobhán Mullally is a Senior Lecturer in Law at University College, Cork.

Hardback 9781849460729 512pp Feb 11 £180 / €234 / US$360 Theh Finnishh Yearbookb k off International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a MediationM in forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. PoliticalP Confl icts The Finnish Yearbook is published for the Ius Gentium Association (the Finnish SoftS Power or Counter Culture Society of International Law) by Hart Publishing. Earlier volumes may be obtained EditedE by Jacques Faget from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fybil.org Editor-in-Chief: Jan Klabbers. Executive Editor: Åsa Wallendahl.

Hardback 9781849460712 512pp Apr 11 £135 / €175 / US$270 ThisThi bbook k provides id a vivid i id reader on experiences of mediation throughout history and in many different regional, cultural and legal contexts. For experts in the fi eld of mediation and legal anthropology it provides a series of fascinating case studies not previously reported on. For those not familiar with the fi eld it provides a window on an alternative possibility for peacemaking in political confl icts. The book is held together by the editor’s introduction, which defi nes political mediation, the research methodologies employed, the relationship of mediation

TO ORDER | T: +44 (0) 1865 517530 | F: +44 (0) 1865 510710 | E: [email protected] Hart Publishing Public International Law to participatory democracy, and the growth of mediation in the past twenty years. DecisionsD of the The chapters which follow provide the anatomy of successful and unsuccessful mediations in contexts as widely diverse as the 30 Years War (1618-1648) which ArbitrationA Panel for was ended following the intercession of the future Pope, Alexander VII. Three In Rem Restitution further chapters examine the role of the Catholic Church in other mediations - in the Basque confl ict, in Burundi and in Chiapas, while a further group of chapters VolumeV 3 looks at confl icts in Ethiopia, Northern Ireland, Central America and Congo. Jacques Faget is at CNRS, Institut d’etudes politiques de Bordeaux, France.

Hardback 9781849460781 184pp Mar 11 £45 / €60 / US$90 Paperback 9781849460699 184pp Mar 11 £22 / €29 / US$44 Hardback 9781849461115 500pp Sep 10 £68 / €88 / US$136 Oñati International Series in Law and Society

Africa See also... Mapping New Boundaries Basic Documents on International Investment Protection in International Law Martins Paparinskis Page 45 Edited by Jeremy Levitt Contracting with Sovereignty: State Contracts and International Arbitration Ivar Alvik Page 45 69 Direct Investment, National Champions and EU Treaty Freedoms: From Maastricht to Lisbon Frank S Benyon Page 46 International Environmental Law Ulrich Beyerlin and Thilo Marauhn Page 21 The Legal Protection of Foreign Investment: A Comparative Study This work provides a forum for leading international lawyers with experience Edited by Wenhua Shan Page 46 and interest in Africa to address the contribution of African states and peoples Beyond the Established Legal Orders: to international law. The volume addresses orthodox topics of international law Policy Interconnections between the EU and the Rest of the World such as jurisdiction and intervention, from an African perspective, and seeks to Edited by Malcolm Evans and Panos Koutrakos Page 31 ask whether in each case, the African perspective is unique or affi rms existing Carbon Capture and Storage: Emerging Legal and Regulatory Issues arrangements of international law. Edited by Ian Havercroft, Richard Macrory and Richard B Stewart Page 27 Jeremy Levitt is Distinguished Professor of International Law at Florida A&M Indigenous Voices: The UN Declaration on the Rights University College of Law. of Indigenous Peoples Edited by Claire Charters, Les Malezer and Victoria Tauli-Corpuz Page 39 Paperback 9781849461177 360pp Jun 10 £25 / €32.50 / US$50 Refl ections on the UN Declaration on the Rights of Indigenous Studies in International Law Peoples Edited by Stephen Allen and Alexandra Xanthaki Page 40 State Liability in Investment Treaty Arbitration: DecisionsD of the Global Constitutional and Administrative Law in the BIT Generation Santiago Montt Page 45 ArbitrationA Panel for The European Union and Global Emergencies: InI Rem Restitution A Law and Policy Analysis Edited by Antonis Antoniadis, Robert Schütze and Eleanor Spaventa Page 32 VolumeV 4 EditedE by Josef Aicher, Erich Kussbach aand August Reinisch

Theh series ‘‘Decisions off theh Arbitration Panel for In Rem Restitution’ documents Austria’s most recent compensation measures dealing with the consequences of the National Socialist era. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confi scated between 1938 and 1945, was publicly owned on the Agreement cut off day (17 January 2001) and in many cases had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the legal successors of former owners in several cases. Volume 4 contains twelve decisions of the Arbitration Panel from 2006, each in the German original and with the English translation. Josef Aicher is a Professor at the Institute for Corporate and Economic Law at the University of Vienna. Erich Kussbach is Honorary Professor of Humanitarian International Law at the University of Linz. August Reinisch is head of the section for International Law and International Relations at the Department for European, International and Comparative Law at the University of Vienna.

Hardback 9781849461719 500pp Jul 11 £75 / €97.50 / US$150

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Law and Outsiders Norms, Processes and ‘Othering’ in the 21st Century Edited by Cian C Murphy and Penny Green

Law and Outsiders is a collection of essays examining cutting edge developments in the law. 70 Fourteen essays from leading young scholars cover fi ve important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to the creation of 21st Century ‘Others’ in areas such as domestic constitutional systems, international security and migrationmigration, and gloglobal human rights discourses. The essays are drawn from the Second International Legal Research Conference, held at King’s College London in June 2008.

Cian C Murphy is a Lecturer in Law at King’s College London. Penny Green is Professor of Law and Criminology and Head of Research at King’s College London. Paperback 9781841139845 316pp Mar 11 £40 / €52 / US$80

KarlK Polanyi, Globalisation See also... anda the Potential of Law ini Transnational Markets Research Methodologies in EU and International Law Robert Cryer, Tamara Hervey and Bal Sokhi-Bulley, with Alexandra Bohm Page 51 EditedE by Christian Joerges Travels of the Criminal Question: aand Josef Falke Cultural Embeddedness and Diffusion Edited by Dario Melossi, Máximo Sozzo and Richard Sparks Page 26

The patterns and impact of globalisation are a common concern of jurists, sociologists, political scientists and philosophers and many have sought to understand its dynamics. Among them Karl Polanyi’s seminal ‘Great Transformation’ is attracting new attention, mirroring a growing sensitivity to the social and economic risks of dis-embedding politics. Their re-construction by Polanyi, including his warning against a commodifi cation of labour, land and money, provide the trans-disciplinary reference point for the contributions to this book. Political economy, political theory, sociology and political science inform the essays while theoretical contributions and case studies look at his ‘false commodities’: money, labour (and services), land (and the environment). The legal discussion in the concluding chapters are informed by current debates on the emergence of para-legal regimes, the fragmentation of international law and the prospects of constitutional perspectives within which the rule of law and the notion of law-mediated legitimate governance are established. Here Polanyi´s notion of the co-originality of dis-embedding moves and re-imbedding countermoves can be usefully employed in the re-construction of the sociological background of the moves and tensions which jurists discern. Christian Joerges is Research Professor at the University of Bremen, Law Department. Josef Falke is Professor of European Law, Labour Law and Sociology of Law at the University of Bremen.

Hardback 9781849461191 454pp May 11 £60 / €78 / US$120

International Studies in the Theory of Private Law

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The Political Economy of Corporation Tax Theory, Values and Law Reform John Snape

Technical writing on corporation tax abounds, but tends to speak past scholars of public law, political theory and political economy, while the potential of these perspectives to shape corporation tax scholar- ship remains untapped. In this important new work John Snape addresses this mismatch, in the process creating a new way of thinking about the law relating to corporate tax. Drawing on important develop- 71 ments in public law scholarship and combining elements of political theory and political economy, the study advances a new interpretation of corporation tax law as an instrument of rule, through the maxi- misation of a nation’s economic potential. Snape shows how corporate taxation belongs at the centre of debates about economic globalisation, not only because national tax systems infl uence inward investment decisions, but because those decisions shape the public interest that those tax systems embody. Following public law and politics models, the book looks afresh at the UK’s political institutions, the processes of its representative government, and the theory that moulds and orders the values that the corporation tax code contains. This is a timely exploration of cutting-edge issues of public policy.

John Snape is an Associate Professor of Law at the University of Warwick. Hardback 9781849460286 312pp Jul 11 £60 / €78 / US$120

ChallengingC Gender StudiesS in the InequalityI in Tax HistoryH of Tax Law PolicyP Making VolumeV 5 ComparativeC Perspectives EditedE by John Tiley EditedE by Kim Brooks, Åsa Gunnarson, LLisa Philipps and Maria Wersig

This volume takes a critical look at the gender of tax policy around the world. These are the papers from the 2010 Tax law History Conference. The papers Contributors based in eight different countries examine the effects that gender refl ect an even wider range of topics, including problems in defi ning and taxing norms and practices have had in shaping tax law and policy, and how taxation Companies from 1799 to 1965, the Window tax from a Public Health perspective, in turn impacts upon the possibilities for equality along gender, race, class, the development of the tax profession, Montesquieu and ERA Seligman, taxing sexuality and other lines. Chapters explore how the gendered fi scal state might charities in Australia, Charitable Purposes Exemption from Income Tax: Pitt to be theorised; how structural choices about rates and bases in tax policy design Pemsel 1798 – 1891 and Australian perspectives on avoiding evasion. Turning to contribute to gender inequality; how tax policy affects family confi gurations and international tax there are essays on the history of the international taxation of perceptions of what constitutes family; how fi scal systems impact savings and income from enterprise services, the Negotiation and Drafting of the 1967 United wealth accumulation by women and men; and the role of different policy-making Kingdom Australia Taxation Treaty and on art 7 (3) of the OECD Model Treaty. processes and institutions in occluding and sometimes challenging these patterns. John Tiley is a Life Fellow of Queens’ College, Cambridge, and Emeritus Professor Most signifi cantly the book explores these questions in an international frame, of the Law of Taxation. traversing countries and continents. The conclusion: fi scal policy has deep-rooted, long-standing gender implications that affect virtually every aspect of our social, Hardback 9781849462242 268pp Aug 11 £75 / €97.50 / US$150 political, and economic lives whether we live in Canada, Australia or Kenya. Kim Brooks is the Dean at the Schulich School of Law at Dalhousie University in Halifax, Canada. Åsa Gunnarsson is a Professor at the Department of Law of See also... Umeå University, Sweden. Lisa Philipps is a Professor at Osgoode Hall Law School of York University, Toronto, Canada. Maria Wersig is a doctoral candidate at the Prohibition of Abuse Law: A New General Principle of EU Law Otto Suhr Institute of Political Science, Freie Universität Berlin, Germany. Edited by Rita de la Feria and Stefan Vogenauer Page 32

Hardback 9781849461238 228pp May 11 £60 / €78 / US$120

Oñati International Series in Law and Society

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Personal Liability and Disqualifi cation Harmonisation of European Contract Law, of Company Directors, Griffi n Vogenauer, Weatherill Banking and Hbk 9781841130750 1999 £98 €127 US$196 Hbk 9781841135915 2006 £58 €75 US$116 Financial Law Political Economy of the Company, Harmonisation of European Private Law, Parkinson, Kelly, Gamble Ost, Van Hoecke Banking Regulation and World Trade Law, Panourgias Hbk 9781841131207 2001 £38 €49 US$76 Hbk 9781841131375 2000 £62 €80 US$124 Hbk 9781841134581 2006 £93 €121 US$186 Rationality in Company Law, Armour, Payne Rethinking the Masters of Comparative Law, Riles Banks, Consumers and Regulation, Cartwright Hbk 9781841138060 2009 £78 €101 US$156 Pbk 9781841132907 2001 £33 €43 US$66 Pbk 9781841134833 2004 £29 €37 US$58 Regulating Enterprise, Milman Future of Financial Regulation, MacNeil, O’Brien Hbk 9781901362565 1999 £70 €91 US$140 72 Pbk 9781841139104 2010 £50 €65 US$100 Takeovers in English and German Law, Payne Intermediated Securities, Gullifer, Payne Hbk 9781841133409 2002 £61 €79 US$122 Hbk 9781849460132 2010 £75 €97.50 US$150 Competition Law Vulnerable Transactions in Corporate Insolvency, Law and Practice of Documentary Letters of Credit, Antitrust and the Bounds of Power, Amato Armour, Bennett Ellinger, Neo Hbk 9781901362299 1997 £52 €67 US$104 Hbk 9781841133478 2003 £121 €157 US$242 Hbk 9781841136738 2010 £95 €123.50 US$190 Article 81 EC and Public Policy, Townley Working Within Two Kinds of Capitalism, Law and Regulation of Central Counterparties, Huang Hbk 9781841139685 2009 £67 €87 US$134 Lynch-Fannon Hbk 9781849460514 2010 £75 €95 US$150 Article 82 EC, Ezrachi Hbk 9781841132860 2003 £48 €62 US$96 Law of the European Central Bank, Zilioli, Selmayr Hbk 9781841132501 2009 £52 €67 US$104 Hbk 9781841132457 2001 £75 €97 US$150 Cartel Offence, Furse, Nash Laws of Guernsey, Dawes Pbk 9781841133737 2004 £47 €61 US$94 Hbk 9781841133966 2003 £171 €222 US$342 Comparative Law Cases and Materials on EC Competition Law, Regulating Financial Services and Markets 3rd ed, Korah in the 21st Century, Ferran, Goodhart Adapting Legal Cultures, Nelken, Feest Pbk 9781841136448 2006 £40 €52 US$80 Hbk 9781841132792 2001 £75 €97 US$150 Hbk 9781841132914 2001 £69 €89 US$138 Competition Law and Policy in Latin America, Pbk 9781841132921 2001 £26 €34 US$52 Fox, Sokol Always on the Same Path, Vol II, Markesinis Hbk 9781841138824 2009 £78 €101 US$156 Company and Hbk 9781841130699 2001 £63 €82 US$126 Competition Law and Regulation in Insolvency Law British Contribution to the Europe of the European Telecommunications, Larouche Twenty-First Century, Markesinis Hbk 9781841131443 2000 £82 €106 US$164 After Enron, McCahery, Armour Hbk 9781841132761 2002 £47 €61 US$94 Competition, Regulation and the New Economy, Pbk 9781841135311 2006 £63 €82 US$126 Coming Together of the Common Law Graham, Smith Company Investigations and Public Law, Lidbetter and the Civil Law, Markesinis Hbk 9781841133843 2004 £51 €66 US$102 Hbk 9781841130743 1999 £119 €154 US$238 Hbk 9781841130682 2000 £55 €71 US$110 Cooperation Between Antitrust Agencies at the International Level, Zanettin Contracting with Companies, Griffi ths Inspection copy available Comparative Law, Nelken & Orücü Hbk 9781841133515 2002 £70 €91 US$140 Hbk 9781841131542 2005 £53 €69 US$106 Pbk 9781841135960 2007 £36 €47 US$72 Co-operation between National Competition Corporate Personality in the 20th Century, Agencies in the Enforcement of EC Competition Law, Grantham, Rickett Comparative Law in the Courtroom and Classroom, Markesinis Brammer Pbk 9781901362831 1998 £64 €83 US$128 Hbk 9781841133980 2003 £36 €47 US$72 Hbk 9781841139319 2009 £114 €148 US$228 Corporations and the Third Way, Wheeler Pbk 9781841135205 2004 £23 €30 US$46 Distribution Agreements Under the EC Competition Pbk 9781901362633 2002 £30 €39 US$60 Engaging with Foreign Law, Markesinis, Fedtke Rules, Korah, O’Sullivan Current Issues in European Financial and Pbk 9781841139470 2009 £36 €47 US$72 Hbk 9781841132396 2002 £109 €141 US$218 Insolvency Law, Ringe, Gullifer, Théry EC Competition Law, Amato, Ehlermann Hbk 9781841139357 2009 £47 €61 US$94 Epistemology and Methodology of Comparative Law, van Hoecke Hbk 9781841136752 2007 £82 €106 US$164 Foundations and Anatomy of Shareholder Hbk 9781841134437 2004 £61 €79 US$122 EC Private Antitrust Enforcement, Komninos Activism, Chiu Hbk 9781841137445 2008 £114 €148 US$228 Hbk 9781841136585 2010 £45 €58.50 US$90 Foreign Law and Comparative Methodology, Markesinis Effi ciency and Justice in European Antitrust International Corporate Law, Macmillan Hbk 9781901362039 1997 £102 €132 US$204 Enforcement, Wils Vol 1 Hbk 9781841130170 2008 £62 €80 US$124 Hbk 9781841130378 2000 £93 €121 US$186 Inspection copy available Vol 2 Fundamental Texts on European Private Law, EU Competition Law in Context, Kanninen, Korjus, Radley-Gardner, Zimmermann, Beale Hbk 9781841131580 2003 £72 €93 US$144 Rosas Pbk 9781841133782 2003 £26 €34 US$52 Hbk 9781849460347 2009 £62 €80 US$124 Joint Ventures in English and German Law, Micheler, Prentice Globalisation and Resistance, Antons, Gessner Inspection copy available Hbk 9781841131061 2000 £78 €101 US$156 Hbk 9781841136806 2007 £50 €65 US$100 EU Competition Law, 2nd ed, Ezrachi Pbk 9781849460477 2010 £35 €45.50 US$70 Law and Economics of Takeovers, Kouloridas Hbk 9781841136646 2008 £52 €67 US$104

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European Competition Law Annual Shipping Conferences under EC Antitrust Law, Inspection copy available 1997, Ehlermann, Laudati Ortiz Blanco Constitution of Germany, Heun Hbk 9781901362671 1998 £150 €195 US$300 Hbk 9781841135274 2007 £150 €195 US$300 Pbk 9781841138688 2010 £15.95 €21 US$32 1998, Ehlermann, Gosling Telecoms Trade War, Spiwak, Naftel Inspection copy available Hbk 9781841130996 2000 £122 €158 US$244 Hbk 9781841130149 2001 £85 €110 US$170 Constitution of Japan, Matsui 1999, Ehlermann, Everson UK Competition Act, Rodger, Macculloch Pbk 9781841137926 2010 £19.94 €26 US$39 Hbk 9781841132242 2001 £130 €169 US$260 Pbk 9781841130972 2000 £50 €65 US$100 Inspection copy available Constitution of South Africa, Klug 2000, Ehlermann, Atanasiu Vertical Agreements and Competition Law, Pbk 9781841137377 2010 £16.94 €22 US$32 Hbk 9781841132426 2001 £130 €169 US$260 Marco Colino Inspection copy available 2001, Atanasiu, Ehlermann Hbk 9781841138718 2010 £50 €65 US$100 Constitution of the United States of America, Tushnet Hbk 9781841131986 2003 £100 €130 US$200 Pbk 9781841137384 2008 £13.95 €18 US$27.90 2002, Ehlermann, Atanasiu Inspection copy available Hbk 9781841133669 2005 £122 158 US$244 Computer and € Constitution of Vietnam, Sidel 2003, Ehlermann, Atanasiu Internet Law Pbk 9781841137391 2009 £20.94 €27 US$20 Hbk 9781841135359 2006 £129 167 US$258 € Copyright Protection of Computer Software in the Constitutional Foundations of Judicial Review, Elliott 2004, Ehlermann, Atanasiu United Kingdom, Lai Hbk 9781841131801 2001 £58 €75 US$116 Hbk 9781841136127 2006 £129 167 US$258 Hbk 9781841130873 2000 £70 €91 US$140 € Constitutional Politics in the Middle East, Arjomand 2005, Ehlermann, Atanasiu International Domain Name Law, Lindsay Hbk 9781841137742 2008 £47 €61 US$94 73 Hbk 9781841136455 2007 £109 €141 US$218 Hbk 9781841135847 2007 £104 €135 US$208 Pbk 9781841137735 2008 £26 €34 US$52 2006, Ehlermann, Atanasiu Internet and Electronic Commerce Law in the Constitutional Protection of Capitalism, Nicol European Union, Dickie Hbk 9781841137513 2007 £109 €141 US$218 Hbk 9781841138596 2010 £35 €45.50 US$70 Pbk 9781841130316 1999 £54 €70 US$108 2007, Ehlermann, Marquis Constitutional Reform in the United Kingdom, Hbk 9781841138381 2008 £104 €135 US$208 Inspection copy available Beatson Law and the Internet, 3rd ed, Edwards, Waelde 2008, Ehlermann, Marquis Pbk 9781901362848 1998 £43 €56 US$86 Pbk 9781841138152 2009 £31 €40 US$62 Hbk 9781841139586 2010 £125 €162.50 US$250 Constitutional Rights after Globalization, Anderson New Legal Framework for E-Commerce in Europe, European State Aid Law, Heidenhain Hbk 9781841134482 2005 £38 €49 US$76 Edwards Hbk 9781841139180 2010 £300 €390 US$600 Pbk 9781841134512 2005 £40 €52 US$80 Constitutionalism and the Role of Parliaments, European State Aid Law and Policy, 2nd ed, Quigley Ziegler, Baranger, Bradley Producers and Consumers in EU E-Commerce Law, Hbk 9781841136431 2007 £50 €65 US$100 Hbk 9781841137476 2009 £155 €201 US$310 Dickie Europeanisation of UK Competition Law, Green, Pbk 9781841134543 2005 £28 €36 US$56 Cost of Democracy, Ewing Robertson Hbk 9781841137162 2007 £33 €43 US$66 Pbk 9781841130361 1999 £46 €60 US$92 Education, Law and Diversity, Harris Global Competition Law and Economics, Constitutional and Pbk 9781841132525 2007 £41 €53 US$82 Geradin, Elhauge English Constitution, Ward Pbk 9781841134659 2007 £36 €47 US$72 Administrative Law Pbk 9781841134314 2004 £23 €30 US$46 Academic Freedom and the Law, Barendt Intellectual Property Rights and the EC English Judges, Stevens Competition Rules, Korah Pbk 9781841136943 2010 £40 €52 US$80 Hbk 9781841132266 2002 £33 €43 US$66 Hbk 9781841136141 2006 £109 €141 US$218 Administrative Justice in Context, Adler Pbk 9781841134956 2005 £16 €21 US$32 Inspection copy available Pbk 9781841139289 2010 £50 €65 US$100 Evolution of a Constitution, Wicks Introductory Guide to EC Competition Law and Administrative Justice in the 21st Century, Harris, Pbk 9781841134185 2006 £26 €34 US$52 Practice, 9th ed, Korah Partington Governing by Numbers, Page Pbk 9781841137544 2007 £27 €35 US$54 Hbk 9781901362664 1999 £98 €127.40 US$196 Hbk 9781841132075 2001 £39 €50 US$78 Law and Economics of Article 82 EC, O’Donoghue, Administrative Law in a Changing State, Harlow, House of Lords, Dickson, Carmichael Padilla Pearson Hbk 9781841130200 1998 £68 €88 US$136 Hbk 9781841135021 2006 £112 €145 US$224 Hbk 9781841137872 2008 £68 €88 US$136 Importing the First Amendment, Loveland Law of Merger Control in the EC and the UK, Furse Administrative Tribunals and Adjudication, Cane Hbk 9781901362282 1998 £68 €88 US$136 Pbk 9781841135250 2007 £55 €71 US$110 Hbk 9781841130095 2009 £57 €74 US$114 Legitimacy in EU Cartel Control, Simonsson Pbk 9781849460910 2010 £25 €33 US$50 Information Rights, 3rd ed, Coppel Hbk 9781849460118 2010 £95 €123.50 US$190 Hbk 9781849460057 2010 £85 €110.50 US$170 Appeal of Internal Review, Cowan, Halliday Modernisation of EC Antitrust Law, Wesseling Hbk 9781841133836 2003 £48 €62 US$96 Ireland’s Evolving Constitution 1937-1997, Murphy, Twomey Hbk 9781841131214 2000 £62 €80 US$124 British Government in Crisis, Foster Pbk 9781901362176 1998 £39 €50 US$78 Network-Based Governance in EC Law, de Visser Pbk 9781841135496 2005 £23 €30 US$46 Judicial Recusal, Hammond Hbk 9781841132563 2009 £88 €114 US$176 By Due Process of Law, Loveland Hbk 9781841132600 2009 £47 €61 US$94 Principles of European Antitrust Enforcement, Wils Hbk 9781841130491 1999 £90 €117 US$180 Judicial Review and Compliance with Administrative Hbk 9781841135267 2005 £68 €88 US$136 Commercial Regulation and Judicial Review, Black, Law, Halliday Regulation of the State in Competitive Markets in Muchlinski, Walker Hbk 9781841132655 2004 £34 €44 US$68 the EU, Szyszczak Hbk 9781901362657 1998 £68 €88 US$136 Judicial Review and the Constitution, Forsyth Pbk 9781841134970 2007 £30 €39 US$60 Inspection copy available Hbk 9781841131054 2000 £63 €82 US$126 Rethinking Exclusionary Abuses in EU Competition Constitution of Australia, Saunders Law, Rousseva Pbk 9781841137346 2010 £16.94 €22 US$34 Judicial Review Handbook, 5th ed, Fordham Hbk 9781841138244 2008 £104 €135 US$208 Hbk 9781841139265 2010 £75 €97.50 US$150 Inspection copy available Securing Compliance, Yeung Constitution of Finland, Husa Judicial Review in Northern Ireland, Anthony Hbk 9781841133775 2004 £47 €61 US$94 Pbk 9781841138541 2010 £19.94 €26 US$40 Hbk 9781841136172 2008 £52 €67 US$104

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Judicial Review, Socio-Economic Rights and Sword and Scales, Loughlin Commercial Law and Commercial Practice, Worthington the Human Rights Act, Palmer Hbk 9781901362510 2000 £49 €63 US$98 Hbk 9781841134383 2003 £104 €135 US$208 Hbk 9781841133720 2007 £60 €78 US$120 Pbk 9781901362527 2000 £16 €21 US$32 Comparative Remedies for Breach of Contract, Pbk 9781841139760 2009 £26 €34 US$52 UK Public Law and European Law, Anthony Cohen, McKendrick Legitimate Expectations and Proportionality in Hbk 9781841131481 2002 £53 €69 US$106 Hbk 9781841134536 2005 £57 €74 US$114 Administrative Law, Thomas Unity of Public Law, Dyzenhaus Contract as Assumption, Coote Hbk 9781841130866 2000 £56 €73 US$112 Hbk 9781841134345 2004 £57 €74 US$114 Hbk 9781849460293 2010 £40 €52 US$80 New British Constitution, Bogdanor Contract Damages, Cunnington, Saidov Hbk 9781841131498 2009 £47 €61 US$94 Hbk 9781841137414 2008 £88 €114 US$176 Pbk 9781841136714 2009 £18.94 €24 US$37.89 Inspection copy available New Directions in European Public Law, Beatson, Consumer Law Contract Law, Beale, Hartkamp, Kotz, Tallon Tridimas Casebook on European Consumer Law, Schulze, Pbk 9781841132372 2002 £44 €57 US$88 Hbk 9781901362244 1998 £65 €84 US$130 Schulte-Nolke, Jones Inspection copy available New Law of Peaceful Protest, Mead Pbk 9781841132273 2002 £33 €43 US$66 Contract Law, Kramer Pbk 9781841136219 2010 £45 €58.50 S$90 Comparative Consumer Insolvency Regimes, Ziegel Pbk 9781841135748 2010 £25 €32.50 S$50 Offi ce of Lord Chancellor, Woodhouse Hbk 9781841132723 2003 £49 €63 US$98 Inspection copy available Hbk 9781841130217 2001 £39 €50 US$78 Consumer Bankruptcy in Global Perspective, Contract Law, Cartwright Our Republican Constitution, Tomkins Niemi-Kiesilainen, Ramsay, Whitford Pbk 9781841135779 2007 £26 €34 US$52 74 Pbk 9781841135229 2005 £13 €17 US$26 Hbk 9781841133584 2003 £74 €96 US$148 Inspection copy available Parliamentary Sovereignty and the Human Rights Consumer Credit, Debt and Bankruptcy, Niemi, Contract Law, 2nd ed, Beale, Tallon, Vogenauer, Act, Young Ramsay, Whitford Rutgers Hbk 9781841138305 2008 £47 €61 US$94 Hbk 9781841132587 2009 £62 €80 US$124 Pbk 9781841136042 2010 £38.95 €49 US$78 Party Funding and Campaign Financing in Inspection copy available Convention on International Interests in Mobile International Perspective, Ewing, Issacharoff Consumer Law, Micklitz, Stuyck, Terryn Equipment and Luxembourg Protocol thereto on Matters Specifi c to Railway Rolling Stock, Goode Hbk 9781841135700 2006 £55 €71 US$110 Pbk 9781841137490 2010 £35 €45.50 S$70 Pbk 9788886449175 2008 £192 €250 US$384 Pinochet Case, Woodhouse Inspection copy available Dalhuisen on Transnational Comparative, Hbk 9781841131023 2000 £58 €75 US$116 Consumer Law and Policy, 2nd ed, Ramsay Pbk 9781841135052 2007 £33 €43 US$66 Commercial, Financial and Trade Law, Dalhuisen Political Libels, Loveland Inspection copy available Hbk 9781841131153 2000 £41 €53 US$82 Regulation of Unfair Commercial Practices under EC Directive 2005/29, Weatherill, Bernitz Vol 1, The Transnationalisation of Commercial and Politics of Transition, Spitz, Chaskalson Financial Law Hbk 9781841136998 2007 £50 €65 US$100 Pbk 9781841131788 2000 £40 €52 US$80 Hbk 9781849460590 2010 £35 €45 US$70 Property and the Constitution, McLean Inspection copy available Hbk 9781841130552 1999 £63 €82 US$126 Contract, Tort, Vol 2, Contract and Movable Property Law Province of Administrative Law, Taggart Hbk 9781849460606 2010 £50 €65 US$100 Hbk 9781901362015 1997 £93 €121 US$186 Restitution and Inspection copy available Pbk 9781901362022 1997 £38 €49 US$76 Vol 3, Financial Products, Financial Services and Commerical Law Financial Regulation Public Law after the Human Rights Act, Hickman Advanced Contract and Opinion Practices under the Hbk 9781849460613 2010 £55 €71 US$110 Pbk 9781841139692 2010 £45 €58.50 S$90 Cape Town Convention, Vol 2, The Legal Advisory 3 Volume Boxed Set Public Law in a Multi-Layered Constitution, Panel of the Aviation Working Group Hbk 9781849460620 2010 £140 €182 US$280 Bamforth, Leyland Pbk 9781841139876 2008 £52 €67 US$104 Inspection copy available Hbk 9781841132822 2003 £72 €93 US$144 Anatomy of Tort Law, Cane Damages Lottery, Atiyah Pbk 9781841132839 2003 £29 €37 US$58 Hbk 9781901362084 1997 £71 €92 US$142 Pbk 9781901362060 1997 £14.99 €19 US$29.98 Public Law/Private Law Divide, Freedland, Auby Pbk 9781901362091 1997 £31 €40 US$62 Defence of Passing On, Rush Hbk 9781841136356 2006 £43 €56 US$86 Assignment of Contractual Rights, Tolhurst Hbk 9781841136028 2006 £63 €82 US$126 Regulating Public Utilities, Graham Hbk 9781841135861 2006 £83 €108 US$166 Hbk 9781901362862 2000 £47 €61 US$94 Emerging Issues in Tort Law, Boundaries of Personal Property, Pretto-Sakmann Neyers, Chamberlain, Pitel Regulation, Ogus Hbk 9781841134598 2005 £60 €78 US$120 Hbk 9781841137070 2007 £82 €106 US$164 Pbk 9781841135304 2004 £25 €32 US$50 Capacitas, Deakin, Supiot Enrichment and Restitution in New Zealand, Regulation of Organised Civil Society, Garton Hbk 9781841139975 2009 £41 €53 US$82 Grantham, Rickett Hbk 9781841138008 2009 £49 €63 US$98 Cases, Materials and Texts on Unjustifi ed Enrichment, Hbk 9781901362923 2000 £88 €114 US$176 Repairing British Politics, Gordon Beatson, Schrage Pbk 9781901362398 2000 £39 €50 US$78 Pbk 9781849460491 2010 £17.94 €23.50 US$36 Pbk 9781841131269 2003 £46 €60 US$92 European Law of Commercial Agency, 3rd ed, Retroactivity and the Common Law, Juratowitch Causation and Risk in the Law of Torts, Goldberg Randolph, Davey Hbk 9781841137612 2008 £47 €61 US$94 Hbk 9781901362855 1999 £68 €88 US$136 Hbk 9781841138503 2010 £95 €123.50 U$190 Risk Regulation and Administrative Causing Psychiatric and Emotional Harm, Teff Exploring Contract Law, Bronaugh, Neyers, Pitel Constitutionalism, Fisher Hbk 9781841132167 2008 £31 €40 US$62 Hbk 9781841139067 2009 £78 €101 US$156 Hbk 9781841130330 2007 £50 €65 US$100 Change of Position Defence, Bant Failure of Contracts, Rose Separation of Powers and Legislative Interference Hbk 9781841139654 2009 £62 €80 US$124 Pbk 9781901362046 1997 £68 €88 US$136 in Judicial Process, Gerangelos Chinese Business Law, Bu, Esplugues Mota Foundations of Restitution for Wrongs, Giglio Hbk 9781841136615 2009 £52 €67 US$104 Hbk 9781849460583 2010 £120 €156 US$210 Hbk 9781841136479 2007 £55 €71 US$110 Simple Common Lawyer, Dyzenhaus, Hunt, Huscroft Commercial Arbitration in the Arab Middle East: Gain-Based Damages, Edelman Hbk 9781841139234 2009 £47 €61 US$94 Shari’a, Syria, Lebanon, and Egypt, 2nd ed, Saleh Hbk 9781841133348 2002 £51 €66 US$102 Hbk 9781841134444 2006 £166 €216 US$332

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German Law of Contract, 2nd ed, Restitution: Past, Present and Future, Intellectual Property & Free Trade Agreements, Markesinis, Unberath, Johnston Cornish, Nolan, O’Sullivan, Virgo Heath, Sanders Pbk 9781841134727 2006 £58 €75 US$116 Hbk 9781901362428 1998 £75 €97 US$150 Pbk 9781841138015 2007 £50 €65 US$100 German Law of Torts, 4th ed, Markesinis, Unberath Set-off Defences in International Commercial Intellectual Property and Private International Law, Pbk 9781841132983 2002 £57 €74 US$114 Arbitration, Fountoulakis Drexl, Kur Goals of Private Law, Robertson, Tang Hbk 9781849460323 2010 £60 €78 US$120 Pbk 9781841135397 2005 £52 €67 US$104 Hbk 9781841139098 2009 £88 €114 US$176 Structure and Justifi cation in Private Law, Intellectual Property Law and Policy, Rickett, Grantham Vol 10, Hansen Good Faith in Contract and Property Law, Forte Hbk 9781841138077 2008 £78 €101 US$156 Hbk 9781841138275 2008 £129 €167 US$258 Hbk 9781841130477 1999 £63 €82 US$126 Third Party Liability in Tort, McIvor Vol 11, Hansen Human Rights in Private Law, Friedmann, Barak-Erez Hbk 9781841135526 2006 £52 €67 US$104 Hbk 9781841139968 2010 £125 €162.50 US$250 Hbk 9781841132136 2002 £69 €89 US$138 Pbk 9781841132549 2003 £29 €37 US$58 Inspection copy available International Intellectual Property and the Tort Law, van Gerven, Lever, Larouche Common Law World, Rickett, Austin Implicit Dimensions of Contract, Pbk 9781841131399 2001 £51 € 66 US$102 Hbk 9781841131795 2000 £72 €93 US$144 Campbell, Collins, Wightman Pbk 9781841133492 2003 £40 €52 US$80 Tort Law and Human Rights, Wright International Protection of Performers Rights, Hbk 9781841130354 2001 £49 € 63 US$98 Morgan Jamestown Lectures 2006-2007, Combar Hbk 9781841132853 2002 £55 €71 US$110 Hbk 9781841138084 2008 £23.50 €31 US$47 Tort of Conversion, Green, Randall Hbk 9781841138336 2009 £57 €74 US$114 International Trade Mark and Signs Protection, Lange Justifying Private Law Remedies, Rickett Hbk 9781841139005 2010 £300 €390 US$600 75 Hbk 9781841138145 2008 £67 €87 US$134 Tortious Liability of Statutory Bodies, Markesinis, Auby, Waltjen, Deakin Law of Comparative Advertising, Ohly, Spence Landmark Cases in the Law of Contract, Hbk 9781841131245 1999 £49 €63 US$98 Hbk 9781841131177 2000 £55 €71 US$110 Mitchell, Mitchell Hbk 9781841137599 2008 £52 €67 US$104 Transferred Loss, Unberath Legal Concept of Art, Kearns Hbk 9781841133706 2003 £43 €56 US$86 Hbk 9781901362503 1998 £58.99 €76 US$117.99 Landmark Cases in the Law of Restitution, Mitchell, Mitchell Uncertain Causation in Medical Liability, Khoury New Frontiers of Intellectual Property Law, Heath, Hbk 9781841135885 2006 £62 €80 US$124 Hbk 9781841135175 2006 £58 €75 US$116 Kamperman Sanders Pbk 9781841135717 2005 £53 €69 US$106 Landmark Cases in the Law of Tort, Mitchell, Mitchell Understanding the Law of Obligations, Burrows Hbk 9781849460033 2010 £60 €78 US$120 Pbk 9781841131832 2000 £23 €30 US$46 On the Origin of the Right to Copy, Deazley Hbk 9781841133751 2004 £57 €74 US$114 Law of Confi dentiality, Stanley Understanding Unjust Enrichment, Pbk 9781841138114 2008 £36 €47 US$72 Neyers, McInnes, Pitel Parallel Trade in Europe, Stothers Hbk 9781841134239 2004 £55 €71 US$110 Hbk 9781841134376 2007 £104 €135 US$208 Law of Damages in International Sales, Saidov Hbk 9781841137421 2008 £78 €101 US$156 Unfair Contract Terms in European Law, Nebbia Patent Enforcement Worldwide, 2nd ed, Heath, Petit Hbk 9781841135946 2007 £43 €56 US$86 Pbk 9781841135380 2005 £63 €82 US$126 Law of Medical Negligence in England and Germany, Stauch Unjust Enrichment and Contract, Baloch Regulating Technologies, Brownsword, Yeung Hbk 9781841136462 2008 £47 €61 US$94 Hbk 9781841139081 2009 £47 €61 US$94 Pbk 9781841137889 2008 £23.50 €31 US$47 Measuring Damages in the Law of Obligations, Unjust Enrichment and Public Law, Williams Strategic Issues of Industrial Property Management Harder Hbk 9781841134147 2010 £50 €65 US$100 in a Globalizing Economy, Widmer, Cottier, Schindler Hbk 9781841138633 2010 £60 €78 US$120 Pbk 9781841130668 1999 £77 €100 US$154 Mistakes in Contract Law, MacMillan Trade Marks in Theory and Practice, Pickering Hbk 9781841135076 2010 £50 €65 US$100 Copyright, Patents, Hbk 9781901362640 1998 £61 €79 US$122 Nature and Scope of Restitution, Jaffey Trademarks Hbk 9781901362480 2000 £60 €78 US$120 Art and Copyright, Stokes Networks, Amstutz, Teubner Hbk 9781841132259 2001 £39 €50 US$78 Hbk 9781841139456 2009 £62 €80 US$124 Pbk 9781841133850 2003 £27 €35 US$54 Criminal Law New Developments in International Commercial Art and Law, Schrage, Tilleman, Verbeke Answering for Crime, Duff and Consumer Law, Ziegel Hbk 9781841138190 2008 £72 €93 US$144 Hbk 9781841137537 2007 £50 €65 US$100 Hbk 9781901362077 1998 £104 €135 US$208 Common Law of Intellectual Property, Pbk 9781849460330 2009 £23 €30 US$46 Offi cial Commentary on the Convention on Ng, Bently, D’Agostino Central Issues in Criminal Theory, Wilson International Interests in Mobile Equipment Hbk 9781841139708 2010 £75 €97.50 US$150 Pbk 9781841130620 2002 £26 €34 US$52 and Protocol thereto on Matters Specifi c to Aircraft Equipment, Goode Copyright Law and the Information Decisions and Dilemmas, Peay Pbk 9788886449182 2008 £192 €250 US$384 Society in Asia, Liu, Heath Pbk 9781841133430 2003 £27 €35 US$54 Pbk 9781841136547 2006 £53 €69 US$106 Performance-Oriented Remedies in European Defi nition in the Criminal Law, Halpin Sale of Goods Law, Mak Copyright Law and the Public Interest in the Hbk 9781841130712 2004 £35 €45 US$70 Nineteenth Century, Alexander Hbk 9781841138930 2009 £52 €67 US$104 Homicide Law in Comparative Perspective, Horder Hbk 9781841137865 2010 £55 €71.50 US$110 Protecting Reliance, Spence Hbk 9781841136967 2007 £50 €65 US$100 Copyright Law in the Digital Society, Aplin Hbk 9781901362626 1999 £44 €57 US$88 Incivilities, von Hirsch, Simester Hbk 9781841133560 2005 £75 €97 US$150 Rediscovering the Law of Negligence, Beever Hbk 9781841134994 2006 £40 €52 US$80 Digital Copyright, 3rd ed, Stokes Hbk 9781841136868 2007 £52 €67 US$104 Money Laundering Law, Alldridge Pbk 9781841139326 2009 £36 €47 US$72 Pbk 9781841139753 2009 £26 €34 US$52 Hbk 9781841132648 2003 £55 €71 US$110 European Plant Intellectual Property, Llewelyn, Reforming the French Law of Obligations, Personal Autonomy, the Private Sphere and Criminal Adcock Cartwright, Vogenauer, Whittaker Law, Alldridge, Brants Hbk 9781841133225 2006 £114 €148 US$228 Hbk 9781841138053 2009 £109 €141 US$218 Hbk 9781901362824 2001 £60 €78 US$120 Fundamentals of Patent Law, Fisher Self-Defence in Criminal Law, Sangero Hbk 9781841136929 2007 £71 €92 US$142 Hbk 9781841136073 2006 £58 €75 US$116

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Inspection copy available Hague Trusts Convention, Harris Simester and Sullivan’s Criminal Law, 4th ed, Hbk 9781841131108 2002 £98 €127.40 US$196 Simester & Sullivan Energy, Environmental Private Law and Property Claims, Jaffey Pbk 9781841139227 2010 £29.99 €39 US$60 and Natural Hbk 9781841136332 2007 £33 €43 US$66 With Malice Aforethought, Blom Cooper, Morris Quistclose Trust, Swadling Hbk 9781841134857 2004 £26 €34 US$52 Resources Law Hbk 9781841134123 2004 £38 €49 US$76 Casebook on EU Environmental Law, 2nd ed, Kramer Voluntary Sector, the State and the Law, Dunn Pbk 9781841131726 2002 £48 €62 US$96 Hbk 9781841130675 2000 £55 €71 US$110 Criminology and Climate Change and Displacement, McAdam Policing Hbk 9781849460385 2010 £45 €58.50 US$90 Civilian Oversight of Policing, Goldsmith, Lewis Energy Security, Haghighi Hbk 9781841130309 2000 £62 €80 US$124 Hbk 9781841137285 2007 £71 €92 US$142 European Law Crafting Transnational Policing, Goldsmith, Sheptycki Enforcing Pollution Control Regulation, Abbot 50 Years of the European Treaties, Dougan, Currie Hbk 9781841137759 2007 £50 €65 US$100 Hbk 9781841139258 2009 £41 €53 US$82 Pbk 9781841138329 2009 £36 €47 US$72 Pbk 9781841137766 2007 £27 €35 US$54 Environment, Human Rights and International Trade, Francioni Administrative Supervision and Enforcement of EC Criminal Policy in Transition, Green, Rutherford Hbk 9781841132174 2001 £63 €82 US$126 Law, Ibáñez Hbk 9781841131887 2000 £63 €82 US$126 Hbk 9781841130569 1999 £78 €101.40 US$156 Environmental Law for Sustainability, 276 Pbk 9781841131894 2000 £33 €43 US$66 Richardson, Wood Better Regulation, Weatherill Criminology and Archaeology, Green, Mackenzie Pbk 9781841135441 £28 €36.50 US$55 Hbk 9781841137155 2007 £55 €71 US$110 Hbk 9781841139913 2009 £47 €61 US$94 Environmental Protection and the Common Law, Between Competition and Free Movement, Cruz Pbk 9781841139920 2009 £23 €30 US$46 Lowry, Edmunds Hbk 9781841133362 2002 £52 €67 US$104 Inspection copy available Hbk 9781901362930 2000 £47 €61 US$94 Between Governing and Governance, Kjaer Debating Restorative Justice, Cunneen, Hoyle EU Environmental Law, Lee Hbk 9781849460262 2010 £50 €65 US$100 Pbk 9781849460224 2010 £15 €19.50 US$30 Pbk 9781841134109 2005 £28 €36 US$56 Cambridge Yearbook of European Legal Studies Devils and Angels, Fionda Making Environmental Laws Work, Wilson Vol 1, 1998, Dashwood, Ward Pbk 9781841133744 2005 £27 €35 US$54 Hbk 9781901362794 1999 £50 €65 US$100 Hbk 9781841130880 1999 £105 €136 US$210 Ethical and Social Perspectives on Situational Crime Vol 2, 1999, Dashwood, Ward Nuclear Law, 2nd ed, Tromans Prevention, von Hirsch, Garland, Wakefi eld Hbk 9781841131276 2000 £120 €156 US$240 Hbk 9781841138572 2010 £95 €123.50 US$190 Pbk 9781841135533 2004 £25 €32 US$50 Vol 3, 2000, Dashwood, Spencer, Ward, Hillion Juvenile Law Violators, Human Rights, and Philosophical Foundations of Environmental Law, Hbk 9781841132402 2002 £100 €130 US$200 the Development of New Juvenile Justice Systems, Coyle, Morrow Vol 4, 2001, Dashwood, Hillion, Spencer, Ward Jepsen, Jensen Hbk 9781841133591 2004 £52 €67 US$104 Hbk 9781841133072 2002 £92 €119 US$184 Hbk 9781841136370 2006 £58 €75 US$116 Pbk 9781841133607 2004 £21 €27 US$42 Vol 5, 2002-2003, Bell, Dashwood, Spencer, Ward Pbk 9781841136363 2006 £26 €34 US$52 Planning and Environmental Protection, Miller Hbk 9781841133614 2004 £104 €135 US$208 New Visions of Crime Victims, Hoyle, Young Pbk 9781841131818 2001 £31 €40 US$62 Vol 6, 2003-2004, Bell, Kilpatrick Hbk 9781841132808 2002 £38 €49 US$76 Property Rights and Natural Resources, Barnes Hbk 9781841134932 2005 £104 135 US$208 Vol 7, 2004-2005, Bell, Kilpatrick Pbk 9781841135212 2004 £23 €30 US$46 Hbk 9781841135892 2009 £62 €80 US$124 Hbk 9781841135618 2006 £109 €141 US$218 Punishing Juveniles, Weijers, Duff Regulating Pollution, Hilson Vol 8, 2005-2006, Bell, Kilpatrick Hbk 9781841132846 2002 £43 €56 US$86 Hbk 9781841130941 2000 £41 €53 US$82 Hbk 9781841136622 2006 £98 €127.40 US$196 Punishment and Political Theory, Matravers Regulation, Enforcement and Governance in Vol 9, 2006-2007, Barnard Hbk 9781901362886 1998 £58 €75 US$116 Environmental Law, Macrory Hbk 9781841137520 2007 £93 €121 US$186 Regulating Deviance, McSherry, Norrie, Bronitt Pbk 9781849460354 2009 £31 €40 US$62 Vol 10, 2007-2008, Barnard Hbk 9781841138893 2008 £47 €61 US$94 Risk Regulation and Administrative Hbk 9781841138374 2008 £129 €167 US$258 Pbk 9781841138909 2008 £23 €30 US$46 Constitutionalism, Fisher Vol 11, 2008-2009, Barnard Pbk 9781849460880 2010 £22 €29 US$44 Hbk 9781841139579 2009 £129 €167 US$258 Regulating Policing, Cape, Young Vol 12, 2009-2010, Barnard & Odudu Pbk 9781841138619 2008 £31 €40 US$62 Toxics and Transnational Law, Pallemaerts Hbk 9781841131290 2003 £104 €135 US$208 Hbk 9781849460743 2010 £125 €162.50 US$250 Restorative Justice and Criminal Justice, von Hirsch, Constitution of Private Governance, Schepel Roberts, Bottoms, Roach, Schiff Hbk 9781841134871 2005 £65 €84 US$130 Hbk 9781841132730 2003 £49 €63 US$98 Pbk 9781841135182 2004 £26 €34 US$52 Equity and Constitutional Change in the EU, Búrca, Scott Hbk 9781841131030 2000 £55 €71 US$110 Restorative Justice for Juveniles, Morris, Maxwell Trusts Hbk 9781841131764 2001 £55 €71 US$110 Constitutional Problems of the Breach of Trust, Birks, Pretto-Sakmann European Union, Hartley Pbk 9781841134024 2003 £22 €28 US$44 Hbk 9781841131740 2002 £78 €101 US$156 Hbk 9781901362466 1999 £49 €63 US$98 Shaming of Sexual Offenders, McAlinden Constructive and Resulting Trusts, Mitchell Convergence and Divergence in European Public Law, Pbk 9781841135922 2007 £33 €43 US$66 Hbk 9781841139272 2010 £65 €84.50 US$130 Beaumont, Lyons, Walker Social Dynamics of Crime and Control, Karstedt, Equity Stirring, Watt Hbk 9781841132112 2002 £55 €71 US$110 Bussmann Hbk 9781841138466 2009 £47 €61 US$94 Democracy and Constitutionalism in the European Pbk 9781841131641 2000 £32 €41 US$64 Fiduciary Loyalty, Conaglen Union, Mancini Women, Crime and Social Harm, Cain, Howe Hbk 9781841135830 2010 £50 €65 US$100 Hbk 9781841131146 2000 £55 €71 US$110 Hbk 9781841138428 2008 £47 €61 US$94 Foundations of Charity, Mitchell, Moody Democratic Accountability of Pbk 9781841138411 2008 £23 €30 US$46 Hbk 9781841131306 2000 £49 €63 US$98 Central Banks, Amtenbrink Hbk 9781841130422 1999 £100 €130 US$200

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Differentiation in European Union Law, Tuytschaever Future of Remedies in Europe, Refl exive Governance, Hbk 9781841130729 1999 £61 €79 US$122 Kilpatrick, Novitz, Skidmore de Schutter, Lenoble, Maesschalck Economic and Social Rights under the EU Charter of Hbk 9781841130828 2000 £63 €82 US$126 Hbk 9781849460682 2010 £50 €65 US$100 Fundamental Rights, Hervey, Kenner Future of the Judicial System of the European Union, Regulating Social Europe, Lo Faro Hbk 9781841130958 2003 £63 €82 US$126 Dashwood, Johnston Hbk 9781901362909 2000 £47 €61 US$94 Pbk 9781841135632 2006 £27 €35 US$54 Hbk 9781841132419 2001 £61 €79 US$122 Right to Inclusion and Exclusion?, Lindahl Effective Judicial Protection and the Environmental Impact of European Rights on National Hbk 9781841139494 2009 £52 €67 US$104 Legal Cultures, Aziz Impact Assessment Directive in Ireland, Ryall Role of Regions and Sub-National Actors in Europe, Hbk 9781841135007 2009 £47 €61 US$94 Hbk 9781841133096 2004 £43 €56 US$86 Weatherill, Bernitz EFTA Court, Baudenbacher, Tresselt, Orlygsson Implementing Amsterdam, Guild, Harlow Hbk 9781841134888 2005 £50 €65 US$100 Hbk 9781841135694 2005 £50 €65 US$100 Hbk 9781841131160 2001 £75 €97 US$150 Social Law and Policy in an Evolving European Union, Employment Law at the European Court Institutional Frameworks of Community Health Shaw of Justice, O’Leary and Safety Regulations, Vos Hbk 9781841131078 2000 £55 €71 US$110 Hbk 9781841132334 2002 £49 €63 US$98 Hbk 9781901362749 1998 £63 €82 US$126 Social Welfare and EU Law, Dougan, Spaventa EU and the WTO, de Búrca, Scott Language Question in Europe and Diverse Societies, Hbk 9781841134901 2005 £43 €56 US$86 Castiglione, Longman Hbk 9781841131993 2002 £61 €79 US$122 Soft Law in European Community Law, Senden Hbk 9781841136677 2007 £50 €65 US$100 Pbk 9781841134017 2003 £27 €35 US$54 Hbk 9781841134321 2004 £78 €101 US$156 Pbk 9781841136684 2007 £24 €31 US$48 EU Charter of Fundamental Rights, Peers, Ward Sovereignty in Transition, Walker Law and Governance in an Enlarged European Union, 772 Hbk 9781841134499 2004 £57 €74 US$114 Hbk 9781841133379 2003 £65 €84 US$130 Bermann, Pistor EU Committees, Joerges, Vos Pbk 9781841135649 2006 £33 €43 US$66 Hbk 9781841134260 2004 £58 €75 US$116 Hbk 9781901362688 1999 £69 €89 US$138 Swedish Studies in European Law Law and New Governance in the EU and the US, Inspection copy available Vol 1, Wahl, Cramér Scott, de Búrca EU Constitutional Law, Rosas, Armati Hbk 9781841136554 2006 £35 €45 US$70 Pbk 9781841135434 2006 £40 €52 US$80 Pbk 9781841139173 2010 £16.94 €22 US$34 Vol 2, Cramér, Bull Law of the Single European Market, Barnard, Scott EU Employment Law, Kenner Hbk 9781841136561 2008 £31 €40 US$62 Hbk 9781841132716 2002 £72 €93 US$144 Pbk 9781901362695 2002 £56 €73 US$112 Textbook of European Union Law, Evans Pbk 9781841133447 2002 £30 €39 US$60 EU Enlargement, Hillion Pbk 9781901362374 1998 £34 €44 US$68 Legal Framework of the Single European Currency, Hbk 9781841133768 2004 £51 66 US$102 € Beaumont, Walker Trade, Foreign Policy and Defence in EU Constitutional Law, Koutrakos EU Food Law, MacMaoláin Hbk 9781841130019 1999 £72 €93 US$144 Pbk 9781841134987 2007 £38 49 US$76 Hbk 9781841131665 2001 £62 €80 US$124 € Legal Issues of the Amsterdam Treaty, Twomey, EU Foreign Relations Law, Cremona, de Witte O’Keeffe Treaty of Nice and Beyond, Andenas, Usher Pbk 9781841137575 2008 £36 €47 US$72 Hbk 9781841130026 1999 £80 €104 US$160 Hbk 9781841133393 2003 £74 €96 US$148 EU International Relations Law, Koutrakos Mixed Agreements Revisited, Hillion, Koutrakos True European, Hoskins, Robinson Pbk 9781841133119 2006 £38 €49 US$76 Hbk 9781841139548 2010 £75 €97.50 US$150 Hbk 9781841134475 2004 £65 €84 US$130 European Administrative Law in the Constitutional National Courts’ Mandate in the European We the Court, Maduro Treaty, Nieto-Garrido, Delgado Constitution, Claes Hbk 9781901362251 1998 £60 €78 US$120 Pbk 9781841135120 2007 £50 €65 US$100 Hbk 9781841134765 2006 £83 €108 US$166 Whose Freedom, Security and Justice?, Toner, Guild, European Court and National Courts, National Remedies Before the Court of Justice, Dougan Baldacinni Slaughter, Stone Sweet, Weiler Hbk 9781841133959 2004 £52 €67 US$104 Hbk 9781841136844 2007 £78 €101 US$156 Hbk 9781901362268 1998 £76 99 US$152 € Oliver on Free Movement of Goods in the European European Immigration and Asylum Law, Hailbronner Union, 5th ed, Oliver Hbk 9781849460750 2010 £279 €279 US$558 Hbk 9781841138107 2010 £95 €123.50 US$190 Evidence, Proof European Union, van Gerven Outer Limits of European Union Law, Barnard, Odudu and Process Pbk 9781841135298 2005 £27 €35 US$54 Pbk 9781841138602 2009 £52 €67 US$104 Case Management in the Crown Court, Denyer European Union and China, 1949-2008, Snyder Partnership Rights, Free Movement, and EU Law, Pbk 9781841137858 2008 £31 €40 US$62 Pbk 9781841137247 2009 £67 €87 US$134 Toner Crime, Procedure and Evidence in a Comparative and Hbk 9781841134772 2004 £51 €66 US$102 European Union Law and Defence Integration, Trybus International Context, Jackson, Langer, Tillers Hbk 9781841134406 2005 £62 €80 US$124 Past and Future of EU Law, Maduro, Azoulai Hbk 9781841136820 2008 £57 €74 US$114 Pbk 9781841137124 2010 £55 €71.50 US$110 European Union Law for the Twenty-First Century, Criminal Deterrence and Sentencing Severity, von Tridimas, Nebbia Patterns of Regionalism and Federalism, Markesinis, Hirsch, Bottoms, Burney, Wikstrom Vol 1 Fedtke Pbk 9781841130514 1999 £35 €45 US$70 Hbk 9781841134567 2004 £62 €80 US$124 Hbk 9781841134703 2006 £47 €61 US$94 Inspection copy available Vol 2 Principle of Proportionality in the Laws of Europe, Evidence & the Adversarial Process, 2nd ed, McEwan Hbk 9781841134604 2004 £58 €75 US$116 Elllis Pbk 9781901362183 1998 £31 €40 US$62 Europeanisation of Law, Snyder Hbk 9781841130071 1999 £55 €71 US$110 Evidence of Bad Character, 2nd ed, Spencer Hbk 9781841130255 2000 £77 €100 US$154 Principles of Administrative Procedure in EC Law, Pbk 9781841139814 2009 £31 €40 US$62 Free Movement of Persons within the Nehl Fair Trials, Summers European Community, Van der Mei Hbk 9781841130088 1999 £55 €71 US$110 Hbk 9781841137308 2007 £43 €56 US$86 Hbk 9781841132884 2003 £78 €101 US$156 Principles of European Constitutional Law, 2nd ed, Hearsay Evidence in Criminal Proceedings, Spencer Free Movement, Social Security and Gender in the von Bogdandy, Bast Pbk 9781841138121 2008 £31 €40 US$62 EU, Paskalia Hbk 9781841138220 2009 £155 €201 US$310 Hbk 9781841136226 2007 £65 €84 US$130

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Innovations in Evidence and Proof, Family Law and Family Values, Maclean Roberts, Redmayne Hbk 9781841135472 2005 £52 €67 US$104 Hbk 9781841137063 2007 £50 €65 US$100 Pbk 9781841135489 2005 £25 €32 US$50 Pbk 9781841139784 2009 £26 €34 US$52 Family Lawyers, Eekelaar, Maclean General Judicial Role in Criminal Proceedings, Doran, Jackson Hbk 9781841131856 2000 £47 €61 US$94 Inspection copy available Hbk 9781841130453 2000 £77 €100 US$154 Pbk 9781841131863 2000 £23 €30 US$46 Bond, Fletcher Jury Trials and Plea Bargaining, McConville, Mirsky Fathers’ Rights Activism and Law Reform in Pbk 9781841139838 2009 £15.95 €21 US$17.94 Hbk 9781841135168 2005 £43 €56 US$86 Comparative Perspective, Sheldon, Collier Great Land, Atiyah Pbk 9781841136295 2006 £18 €23 US$36 Presumption of Innocence, Stumer Hbk 9780955832703 2008 £20.94 €27 US$40 Hbk 9781849460361 2010 £50 €65 US$100 Fragmenting Fatherhood, Collier, Sheldon Index to Common Law Festschriften, Taggart Pbk 9781841134178 2008 £31 €40 US$62 Previous Convictions at Sentencing, Hbk 9781841136417 2006 £29 €37 US$58 Roberts, von Hirsch Kinship Matters, Ebtehaj, Lindley, Richards Permanent New Zealand Court of Appeal, Bigwood Hbk 9781849460422 2010 £40 €52 US$80 Pbk 9781841136974 2006 £40 €52 US$80 Hbk 9781841139623 2009 £78 €101 US$156 Inspection copy available Legal Concepts of Childhood, Fionda Inspection copy available Principled Sentencing, 3rd ed, Hbk 9781841131504 2001 £47 €61 US$94 Ashworth, von Hirsch, Roberts Principles of Legislative and Regulatory Drafting, Legal Recognition of Same-Sex Partnerships, McLeod Pbk 9781841137179 2009 £26 €34 US$52 Wintemute, Andenas Pbk 9781841137728 2009 £26 €34 US$52 Sexual Assault and the Justice Gap: Pbk 9781841131382 2001 £68 €88 US$136 278 A Question of Attitude, Krahé, Temkin Making Law for Families, Maclean Pbk 9781841136707 2008 £31 €40 US$62 Hbk 9781841132051 2000 £62 €80 US$124 Trial on Trial, Duff, Farmer, Marshall, Tadros Pbk 9781841132068 2000 £45 €58 US$90 Vol 1 Human Rights Parental Obligation, Maclean, Eekelaar Hbk 9781841134420 2004 £46 €60 US$92 African Commission on Human and Peoples’ Rights Vol 2 Hbk 9781901362220 1997 £60 €78 US$120 and International Law, Murray Hbk 9781841135427 2006 £58 €75 US$116 Pbk 9781901362237 1997 £26 €34 US$52 Hbk 9781841131221 2000 £69 €89 US$138 Vol 3 Parenting after Partnering, Maclean Amnesty, Human Rights and Political Transitions, Hbk 9781841136981 2007 £43 €56 US$86 Hbk 9781841137810 2007 £50 €65 US$100 Mallinder Verdict of the Court, McEwan Pbk 9781841137827 2007 £24 €31 US$48 Hbk 9781841137711 2008 £62 €80 US$124 Hbk 9781901362534 2003 £50 €65 US$100 Property Rights of Cohabitees, Mee Biotechnologies and International Human Rights, Hbk 9781901362763 1999 £75 €97 US$150 Victims’ Rights, Human Rights and Francioni Criminal Justice, Doak Responsible Parents and Parental Responsibility, Hbk 9781841137032 2007 £65 €84 US$130 Pbk 9781841136035 2008 £31 €40 US$62 Probert, Gilmore, Herring Corporations and Transnational Human Pbk 9781841138800 2009 £57 €74 US$114 Rights Litigation, Joseph Sharing Lives, Dividing Assets, Miles, Probert Hbk 9781841134574 2004 £36 €47 US$72 Pbk 9781841132594 2009 £47 €61 US$94 Inspection copy available Family Law Surrogate Motherhood, Cook, Day Sclater, Kaganas Debating Social Rights, Gearty, Mantouvalou Hbk 9781841132556 2003 £49 €63 US$98 Changing Contours of Domestic Life, Family and Law, Pbk 9781849460231 2010 £15 €19.50 US$30 Bottomley, Wong What is a Parent, Bainham, Day Sclater, Richards Delivering Rights, Jowell, Cooper Hbk 9781841139043 2009 £47 €61 US$94 Hbk 9781841130583 1999 £63 €82 US$126 Pbk 9781841132877 2003 £24 €31 US$48 Pbk 9781841139036 2009 £23 €30 US$46 Pbk 9781841130439 1999 £28 €36 US$56 Developing Key Privacy Rights, Colvin Changing Family, Eekelaar, Nhlapo Pbk 9781841131689 2002 £22 €28 US$44 Pbk 9781901362992 1998 £92 €119 US$184 Development of Positive Obligations under the Child Support, Wikeley European Convention on Human Rights by the Pbk 9781841135328 2006 £40 €52 US$80 Gender and the Law European Court of Human Rights, Mowbray Hbk 9781841132617 2004 £40 €52 US$80 Child Support in Action, Davis, Wikeley, Young Inspection copy available Hbk 9781901362329 1998 £60 €78 US$120 Feminist Judgments, McGlynn, Hunter, Rackley Documents of the African Commission on Human and Peoples’ Rights, Murray, Evans Pbk 9781901362701 1998 £31 €40 US$62 Pbk 9781849460538 2010 £22.94 €29.85 US$40 Vol 1 1987-1998 Children and Their Families, First Women Lawyers, Mossman Pbk 9781841130927 2001 £89 €115 US$178 Bainham, Lindley, Richards, Trinder Pbk 9781841135908 2006 £29 €37 US$58 Vol II 1999-2007 Pbk 9781841132532 2003 £37 €48 US$74 Gender, Culture and Human Rights, Mullally Pbk 9781841130934 2009 £47 €61 US$94 Cohabitation, Marriage and the Law, Hbk 9781841135137 2006 £47 €61 US$94 Economic, Social and Cultural Rights in International James, Park, Barlow, Duncan Legal Tender of Gender, Gavigan, Chunn Law, Ssenyonjo Pbk 9781841134338 2005 £29 €37 US$58 Hbk 9781841133140 2010 £45 €58.50 US$90 Pbk 9781841139159 2009 £47 €61 US$94 Divorcing Responsibly, Reece Pbk 9781841133157 2010 £22 €29 US$44 Exploring Social Rights, Barak-Erez, Gross Hbk 9781841132150 2003 £48 €62 US$96 Rethinking Equality Projects in Law, Hunter Hbk 9781841136134 2007 £50 €65 US$100 Ethnic Minorities, Their Families and the Law, Murphy Hbk 9781841138404 2008 £47 €61 US$94 Forced Migration, Human Rights and Security, Hbk 9781901362596 2000 £49 63 US$98 € Pbk 9781841138398 2008 £23 €30 US$46 McAdam European Human Rights and Family Law, Choudhry, Women, Law and Human Rights, Banda Hbk 9781841137704 2008 £36 €47 US$72 Herring Hbk 9781841131283 2005 £35 €45 US$70 Future of Human Rights in the United Kingdom, Singh Pbk 9781841131757 2010 £55 €72 US$99 Pbk 9781901362206 1997 £35 €45 US$70 Family Law, Dewar, Parker Human Rights Act and the Criminal Justice Pbk 9781841133089 2003 £66 86 US$132 € and Regulatory Process, Beatson Family Law Advocacy, Eekelaar, Maclean Pbk 9781841130507 1999 £47 €61 US$94 Pbk 9781841132778 2009 £26 €34 US$52

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Human Rights and Private Law, Ziegler Tort Liability for Human Rights Abuses, Fletcher Hbk 9781841137148 2007 £38 €49 US$76 Pbk 9781841137940 2008 £23.50 €31 US$35 International Human Rights and Religion – The Islamic Headscarf Torture as Tort, Scott Debate in Europe, McGoldrick Hbk 9781841130606 2001 £101 €131 US$202 Investment Law Pbk 9781841136523 2006 £22 €28 US$44 Transitional Justice from Below, McEvoy, McGregor Inspection copy available Human Rights and Scots Law, Boyle, Himsworth, Pbk 9781841138213 2008 £31 €40 US$62 International Investment Law, Subedi MacQueen, Loux Transnational Corporations and Human Rights, De Pbk 9781841138794 2008 £36 €47 US$72 Hbk 9781841130446 2002 £61 €79 US$122 Schutter Legal Framework of EU-China Investment Relations, Human Rights Brought Home, Halliday, Schmidt Hbk 9781841136530 2006 £70 €91 US$140 Shan Hbk 9781841133881 2004 £40 €52 US$80 Understanding Human Rights Principles, Jowell, Hbk 9781841133911 2005 £93 €121 US$186 Human Rights Impact of the World Trade Cooper State Liability in Investment Treaty Arbitration, Montt Organisation, Harrison Pbk 9781841131696 2001 £25 €32 US$50 Hbk 9781841138565 2009 £67 €87 US$134 Hbk 9781841136936 2007 £55 €71 US$110 Using Human Rights Law in English Courts, Hunt Human Rights in the Community, Harvey Pbk 9781901362725 1997 £49 €63 US$98 Pbk 9781841134468 2005 £35 €45 US$70 International Inspection copy available Human Rights Law, Amos Trade Law Pbk 9781841133249 2006 £25 €32 US$50 Insurance Law Basic Legal Instruments for the Liberalisation of 792 Human Rights, Constitutional Law and the Trade, Ortino Development of the English Legal System, Irvine Inspection copy available Hbk 9781841134253 2004 £80 €104 US$160 Hbk 9781841134116 2003 £35 €45 US$70 Insurance Law: Cases and Materials, Lowry, Rawlings Constitutionalism, Multilevel Trade Governance and Pbk 9781841132747 2004 £36 €47 US$72 Human Rights, Culture and the Rule of Law, Almqvist Social Regulation, Joerges, Petersmann Hbk 9781841135069 2005 £52 €67 US$104 Hbk 9781841136653 2006 £86 €112 US$172 Human Rights, Equality and Democratic Renewal in International and Contractual Certainty in International Trade, Gessner Northern Ireland, Harvey Hbk 9781841138442 2009 £47 €61 US$94 Hbk 9781841131191 2001 £41 €53 US$82 Comparative Pbk 9781841138435 2009 £23 €30 US$46 Importing the Law in Post-Communist Transitions, Criminal Law Developing Countries and the Multilateral Trade Dupré Regime, Alessandrini Hbk 9781841131313 2003 £49 €63 US$98 Commentary on the Rome Statute of the Hbk 9781849460309 2010 £45 €58.50 US$90 International Criminal Court, 2nd ed, Triffterer Indigenous Peoples and the Law, Domestic Structures and International Trade, Molyneux Richardson, Imai, McNeil Hbk 9781841138886 2008 £310 €403 US$600 Hbk 9781841131320 2001 £69 €89 US$138 Pbk 9781841137957 2009 £27 €35 US$54 Criminal Responsibility of Senior Political and Ecological Sensitivity and Global Legal Pluralism, Military Leaders as Principals to International Crimes, Introduction to Human Rights and the Common Law, Perez Havers, English Olásolo Hbk 9781841133485 2004 £52 €67 US$104 Hbk 9781841130323 2000 £50 € 65 US$100 Hbk 9781841136950 2009 £52 €67 US$104 EU, the WTO and China, Snyder Legislating for Human Rights, Criminal Responsibility of Senior Political and Hbk 9781841137049 2010 £75 €97.50 US$150 Cooper, Marshall-Williams Military Leaders as Principals to International Crimes, Pbk 9781841130989 2000 £23 €30 US$46 Olásolo Globalisation and Labour Rights, Kaufmann Pbk 9781849460903 2010 £25 €33 US$50 Hbk 9781841135991 2007 £55 €71 US$110 Litigating Rights, Huscroft, Rishworth Hbk 9781841131948 2002 £47 €61 US$94 EU Criminal Law, Mitsilegas Good Faith in the Jurisprudence of the WTO, Panizzon Pbk 9781841135854 2009 £36 €47 US$72 Hbk 9781841136202 2006 £69 €89 US$138 Making Rights Real, Leigh, Masterman Hbk 9781841133539 2008 £41 €53 US$82 French Criminal Justice, Hodgson International Economic Law, Picker, Bunn, Arner Pbk 9781841134291 2005 £33 €43 US$66 Pbk 9781841137551 2008 £36 €47 US$72 Monetary Remedies for Breach of Human Rights, Tortell German Criminal Code, Bohlander International Trade and Economic Law and the Hbk 9781841135113 2006 £53 €69 US$106 Pbk 9781841138312 2008 £31 €40 US$62 European Union, Dillon Pbk 9781841131139 2002 £35 €45 US$70 Monitoring Fundamental Rights in the EU, Inspection copy available Alston, De Schutter International Criminal Law, 4th ed, Bantekas International Trade Regulation in China, Zhang Hbk 9781841135342 2005 £50 €65 US$100 Pbk 9781849460453 2010 £31.99 €41.59 US$45 Hbk 9781841133935 2006 £93 €120 US$186 Property and The Human Rights Act 1998, Allen Justice for Crimes against Humanity, Lattimer, Sands Law of MERCOSUR, Franca Filho, Lixinski, Olmos Hbk 9781841132037 2005 £53 €69 US$106 Pbk 9781841135687 2006 £29 €37 US$58 Giupponi Hbk 9781841139432 2010 £115 €149.50 US$230 Race Discrimination, Moon Legal Responses to Traffi cking in Women for Pbk 9781841131672 2000 £22 €28 US$44 Sexual Exploitation in the European Union, Askola National Treatment and WTO Dispute Settlement, Hbk 9781841136509 2007 £38 €49 US$76 Verhoosel Responsibility to Assist, Hadden Hbk 9781841132990 2002 £65 €84 US$130 Pbk 9781841139340 2009 £31 €40 US$62 Principles of German Criminal Law, Bohlander Pbk 9781841136301 2008 £31 €40 US$62 Power to Protect, Button Role of National Human Rights Institutions at the Hbk 9781841134826 2004 £58 €75 US$116 International and Regional Levels, Murray Transnational Organised Crime in International Law, Hbk 9781841133942 2007 £38 €49 US$76 Obokata Redefi ning Sovereignty in International Economic Hbk 9781841136905 2010 £50 €65 US$100 Law, Shan, Simons, Singh Security and Human Rights, Goold, Lazarus Hbk 9781841137018 2008 £62 €80 US$124 Pbk 9781841136080 2007 £33 €43 US$66 Regional and Global Regulation of International Tension Between Group Rights and Human Rights, Trade, Snyder De Feyter, Pavlakos Hbk 9781841132181 2002 £62 €80 US$124 Hbk 9781841138299 2008 £47 €61 US$94 Terrorism and the Limitation of Rights, Sottiaux Hbk 9781841137636 2008 £57 €74 US$114

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Inspection copy available Precarious Work, Women, and the New Economy, Reorganization and Resistance, Felstiner World Trade Law, Lester, Mercurio Fudge, Owens Pbk 9781841132464 2005 £40 €52 US$80 Pbk 9781841136608 2008 £36 €47 US$72 Hbk 9781841136158 2006 £60 €78 US$120 Serving Two Masters, Griffi ths-Baker WTO, the Internet and Trade in Digital Products, Pbk 9781841136165 2006 £26 €34 US$52 Hbk 9781841132297 2002 £47 €61 US$94 Wunsch-Vincent Privacy and Employment Law, Craig Stakeholders in the Law School, Cownie Hbk 9781841135731 2006 £64 €83 US$128 Hbk 9781841130590 1999 £63 €82 US$126 Pbk 9781841137216 2010 £30 €39 US$60 Regulating Labour in the Wake of Globalisation, Women in the World’s Legal Professions, Schultz, Shaw Estlund, Bercusson Hbk 9781841133195 2003 £75 €97 US$150 Labour and Hbk 9781841137667 2008 £52 €67 US$104 Pbk 9781841133201 2003 £35 €45 US$70 Discrimination Law Religious Freedom, Religious Discrimination and the Workplace, Vickers Age as an Equality Issue, Fredman, Spencer Pbk 9781841136875 2008 £36 €47 US$72 Hbk 9781841134055 2003 £43 €56 US$86 Transformation of Labour Law in Europe, Boundaries and Frontiers of Labour Law, Davidov, Hepple, Veneziani Legal History Langille Pbk 9781841138701 2009 £52 €67 US$104 Blackstone and his Commentaries, Prest Hbk 9781841135953 2006 £53 €69 US$106 Hbk 9781841137964 2009 £52 €67 US$104 Inspection copy available Critical Studies in Ancient Law, Comparative Law and Cases, Materials and Text on National, Supranational Legal History, Cairns, Robinson and International Non-Discrimination Law, Schiek, 280 Waddington, Bell Law and Humanities Hbk 9781841131573 2001 £78 €101 US$156 Pbk 9781841137483 2007 £43 €56 US$86 Dearest Birth Right of the People of England, Cairns, Film and the Law, 2nd ed, Greenfi eld, Osborn, Robson Macleod Collective Labour Law, Morris, Archer Pbk 9781841137254 2010 £30 €39 US$30 Hbk 9781841133256 2002 £68 €88 US$136 Hbk 9781841130965 2000 £78 €101 US$156 Shakespeare and the Law, Raffi eld, Watt Pbk 9781841131771 2000 £40 €52 US$80 Jurists and Judges, Duxbury Pbk 9781841138251 2008 £31 €40 US$62 Pbk 9781841132044 2001 £22 28 US$44 Democratic Aspects of Trade Union Recognition, Bogg € Hbk 9781841137902 2009 £47 €61 US$94 Larva Legis Aquiliae, Hewett, Zimmermann Pbk 9781841132235 2000 £43 €56 US$86 Disability and Equality Law in Britain, Lawson Legal Biography Pbk 9781841138282 2008 £31 €40 US$62 Law and Opinion in Scotland during the Seventeenth and Humour Century, Ford Disability Rights in Europe, Lawson, Gooding Hbk 9781841137896 2007 £93 €121 US$186 Pbk 9781841134864 2005 £40 €52 US$80 As Far as I Remember, Kerr Hbk 9781901362879 2002 £33 €43 US$66 Lawyers and Vampires, Pue, Sugarman Inspection copy available Hbk 9781841133126 2003 £68 88 US$136 Discrimination Law, 2nd ed, McColgan Pbk 9781841135656 2006 £23 €30 US$46 € Pbk 9781841135199 2004 £31 €40 US$62 Pbk 9781841134840 2005 £29 €37 US$58 I Have to Move my Car, Pannick Equality: A New Framework, Hepple, Coussey, Hbk 9781841138169 2008 £11.99 €15 US$23.98 Choudhury Lord Atkin, Lewis Pbk 9781841131597 2000 £26 €34 US$52 Hbk 9781841130576 1999 £64 €83 US$128 Fairness at Work, Novitz, Skidmore New Miscellany-at-Law, Megarry Legal Philosophy Pbk 9781841130835 2001 £31 €40 US$62 Hbk 9781841135540 2005 £30 €39 US$60 Consent in the Law, Beyleveld, Brownsword Future of Labour Law, Barnard, Deakin, Morris Hbk 9781841136790 2007 £50 €65 US$100 Hbk 9781841134048 2004 £52 €67 US$104 Legal Education and Constitutional Limits and the Public Sphere, Ben-Dor History of British Labour Law, Brodie Hbk 9781841131115 2000 £61 €79 US$122 Hbk 9781841130156 2003 £46 €60 US$92 Legal Profession Inspection copy available Human Rights at Work, Fenwick, Novitz ‘A Great and Noble Occupation!’, Cocks, Cownie Critical Jurisprudence, Douzinas, Gearey Hbk 9781841139999 2010 £75 €98 US$150 Hbk 9781841136783 2009 £26 €34 US$52 Pbk 9781841134529 2005 £25 €32 US$50 Pbk 9781841139982 2010 £35 €45 US$70 Conversations, Choices and Chances, Bradney End of Human Rights, Douzinas Labour Law and Worker Protection in Developing Hbk 9781841132488 2003 £35 €45 US$70 Pbk 9781841130002 2000 £23.50 €31 US$45 Countries, Teklè Court of Appeal, Drewry, Blom-Cooper, Blake Evaluation and Legal Theory, Dickson Pbk 9781841138879 2010 £50 €65 US$100 Hbk 9781841133874 2007 £33 €43 US$66 Hbk 9781841131849 2001 £39 €50 US$78 Labour Law in the Courts, Sciarra Pbk 9781841130811 2001 £20 €26 US$40 Ethical Challenges to Legal Education and Conduct, Hbk 9781841130248 2001 £58 €75 US$116 Economides Faith in Law, Oliver, Douglas Scott, Tadros Inspection copy available Pbk 9781901362114 1997 £39 €50 US$78 Hbk 9781901362954 2000 £47 €61 US$94 Labour Law, 5th ed, Deakin & Morris Inspection copy available From Promise to Contract, Kimel Pbk 9781841138022 2009 £36 €47 US$72 Ethics and Conduct of Lawyers in England and Wales, Hbk 9781841132129 2003 £40 €52 US$80 Inspection copy available 2nd ed, Boon, Levin Pbk 9781841134949 2005 £18 €23 US$36 Labour Law: Text and Materials, 2nd ed, Collins, Pbk 9781841137087 2008 £33 €43 US$66 Hart-Fuller Debate in the Twenty-First Century, Cane Ewing, McColgan From House of Lords to Supreme Court, Lee Hbk 9781841138947 2010 £50 €65 US$75 Pbk 9781841133621 2005 £31 €40 US$62 Hbk 9781849460811 2010 £50 €65 US$100 Interpretation and Legal Theory, 2nd ed, Marmor Labour Laws and Global Trade, Hepple Law at Bristol University 1983-2008, Jones Pbk 9781841134246 2005 £35 €45 US$70 Hbk 9781841131603 2005 £41 €53 US$82 Pbk 9781841139555 2008 £12.99 €17 US$25.98 Pbk 9781841131870 2005 £23 €30 US$46 Judging the Judges, Judging Ourselves, Dyzenhaus Law’s Future(s), Hayton Hbk 9781901362947 1998 £38 €49 US$76 Making of Labour Law in Europe, Hepple Hbk 9781841131009 2000 £72 € 93 US$144 Pbk 9781841134031 2003 £17 €22 US$34 Pbk 9781841138206 2010 £40 €52 US$80 Legal Academics, Cownie Jurisprudence or Legal Science, Coyle, Pavlakos Hbk 9781841130613 2004 £40 €52 US$80 Hbk 9781841135045 2005 £46 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Law and Aesthetics, Gearey Rules and Reasoning, Meyer Law and the Human Body, Hardcastle Hbk 9781841132433 2001 £39 €50 US$78 Hbk 9781901362985 1998 £62 €80 US$124 Hbk 9781841136011 2007 £43 €56 US$86 Pbk 9781841130262 2001 £18 €23 US$36 Sociology of Jurisprudence, Nobles, Schiff Pbk 9781841139777 2009 £26 €34 US$52 Law as a Social Institution, Ross Pbk 9781841135984 2006 £19 €25 US$38 Law Without Enforcement, Eastman, Peay Hbk 9781841132303 2001 £39 €50 US$78 Theorising the Global Legal Order, Halpin, Roeben Pbk 9781901362756 1999 £33 €43 US$66 Pbk 9781841132310 2001 £17 €22 US$34 Pbk 9781841132495 2009 £36 €47 US$72 Lawyers’ Medicine, Goold, Kelly Law as Communication, Van Hoecke Theory of Precedent, Siltala Pbk 9781841138497 2009 £31 €40 US$62 Hbk 9781841133416 2002 £52 €67 US$104 Hbk 9781841131238 2000 £69 €89 US$138 Legal Responses to HIV and AIDS, Chalmers Law in its Own Right, Olsen, Toddington Unspeakable Subjects, Lacey Pbk 9781841137261 2008 £31 €40 US$62 Hbk 9781841130347 2000 £39 €50 US$78 Hbk 9781901362336 1998 £69 €89 US$138 Medical Ethics and Medical Law, Miola Pbk 9781841130286 2000 £17.99 €23 US$35.98 Pbk 9781901362343 1998 £31 €40 US$62 Pbk 9781841135083 2007 £27 €35 US$54 Law, Rights and Discourse, Pavlakos Regulating Autonomy, Day-Sclater, Ebtehaj, Hbk 9781841136769 2007 £50 €65 US$100 Jackson, Richards Inspection copy available Litigation and Pbk 9781841139463 2009 £36 €47 US$72 Law’s Empire, Dworkin Civil Procedure Regulating Reproduction, Jackson Pbk 9781841130415 1998 £17.99 €23 US$35.98 Hbk 9781841130545 2001 £71 €92 US$142 Class Action in Common Law Legal Systems, Law’s Meaning of Life, Naffi ne Pbk 9781841133010 2001 £24 €31 US$48 Mulheron Pbk 9781841138664 2009 £26 €34 US$52 812 Hbk 9781841134369 2004 £82 €106 US$164 Rethinking Rights-Based Mental Health Laws, Legal Norms and Normativity, Delacroix McSherry, Weller Legal Professional Privilege, Auburn Hbk 9781841134550 2006 £37 €48 US$74 Pbk 9781849460835 2010 £30 €40 US$60 Hbk 9781841131016 2000 £56 €73 US$112 Legisprudence, Wintgens Rights, Duties and the Body, Scott Reform of Class and Representative Actions Hbk 9781841131344 2002 £77 €100 US$154 Hbk 9781841133423 2002 £67 €87 US$134 in European Legal Systems, Hodges Lethe’s Law, Christodoulidis, Veitch Hbk 9781841139029 2008 £36 €47 US$72 Hbk 9781841131092 2001 £50 €65 US$100 Making the Law Explicit, Klatt Private International Hbk 9781841134918 2008 £47 €61 US$94 Law Moral Confl ict and Legal Reasoning, Veitch Media Law Brussels 1 Regulation 44/2001, Hbk 9781841131085 1999 £51 € 66 US$102 Hess, Pfeiffer, Schlosser Broadcasting Pluralism and Diversity, Hitchens Morality of Confl ict, Besson Hbk 9781841139012 2008 £88 €114 US$176 Hbk 9781841132143 2006 £53 €69 US$106 Hbk 9781841134925 2005 £82 €106 US$164 Electronic Consumer Contracts in the Confl ict of Making of the Modern Law of Defamation, Mitchell Normative Claim of Law, Bertea Laws, Tang Hbk 9781841133041 2005 £52 €67 US$104 Hbk 9781841139678 2009 £57 €74 US$114 Hbk 9781841138473 2009 £52 €67 US$104 Virtue Less Cloistered, Cram On Law and Legal Reasoning, Atria Foreign Currency Claims in the Confl ict of Laws, Black Hbk 9781841130385 2002 £47 €61 US$94 Hbk 9781841132754 2002 £52 €67 US$104 Hbk 9781841138923 2010 £55 €71.50 US$110 Our Knowledge of the Law, Pavlakos Forum Shopping in the European Judicial Area, de Vareilles-Sommières Hbk 9781841135038 2007 £50 €65 US$100 Medical Law Hbk 9781841137834 2007 £55 €71 US$110 Policy of Law, Zamboni Insurance in Private International Law, Seatzu Hbk 9781841137230 2007 £50 €65 US$100 and Ethics Hbk 9781841133355 2003 £65 €84 US$130 Principles of Social Order, Winston Body Lore and Laws, Bainham, Day Sclater, Richards Inspection copy available Pbk 9781841132341 2002 £35 €45 US$70 Hbk 9781841131962 2002 £58 €75 US$116 Pbk 9781841131979 2002 £29 €37 US$58 International Commercial Disputes, 4th ed, Hill, Reasoning with Law, Halpin Chong Choosing Between Possible Lives, Scott Hbk 9781841130705 2001 £55 €71 US$110 Pbk 9781841138510 2010 £50 €65 US$100 Pbk 9781841132440 2001 £28 €36 US$56 Hbk 9781841137186 2007 £55 €71 US$110 Judicial Remedies in the Confl ict of Laws, Elias Choosing Life, Choosing Death, Foster Recrafting the Rule of Law, Dyzenhaus Hbk 9781901362213 2001 £60 €78 US$120 Hbk 9781901362312 1999 £72 €93 US$144 Pbk 9781841139296 2009 £23.50 €31 US$47 Jurisdiction and Judgments in Relation to Relating to Responsibility, Cane, Gardner Death Rites and Rights, Herring, Brooks-Gordon, EU Competition Law Claims, Danov Johnson, Richards, Ebtehaj Hbk 9781841132105 2001 £63 €82 US$126 Hbk 9781841136592 2010 £55 €71.50 US$110 Pbk 9781841137322 2007 £38 €49 US$76 Relocating the Rule of Law, Palombella, Walker Restitution in Private International Law, Panagopoulos Euthanasia and Law in Europe, Hbk 9781841135977 2008 £47 €61 US$94 Hbk 9781841131429 2000 £69 €89 US$138 Griffi ths, Weyers, Adams Responsibility and Fault, Honoré Hbk 9781841137001 2008 £62 € 80 US$124 Rough Consensus and Running Code, Hbk 9781841130057 1999 £40 €52 US$80 Callies, Zumbansen Euthanasia, Death with Dignity and the Law, Biggs Pbk 9781841133997 2002 £18 €23 US$36 Hbk 9781841139746 2010 £50 €65 US$75 Hbk 9781841130910 2001 £41 € 53 US$82 Responsibility in Law and Morality, Cane Uniform Interpretation of the Brussels and Lugano Freedom and Responsibility in Reproductive Choice, Hbk 9781841133218 2002 £38 €49 US$76 Conventions, Newton Spencer, du Bois-Pedain Pbk 9781841134000 2003 £23 €30 US$46 Hbk 9781841133232 2002 £104 €135 US$208 Pbk 9781841135823 2006 £26 €34 US$52 Rights and Law, Analysis and Theory, Halpin Human Rights and Healthcare, Wicks Hbk 9781901362145 1997 £76 €99 US$152 Pbk 9781841135809 2007 £31 €40 US$62 Pbk 9781901362152 1997 £31 €40 US$62 Law and Human Genetics, Brownsword, Risks and Legal Theory, Steele Cornish, Llewellyn Hbk 9781841130897 2004 £35 €45 US$70 Pbk 9781841130064 1998 £28 €36 US$56 Pbk 9781841130903 2004 £16 €21 US$32

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Biotechnology and International Law, Scovazzi, Inspection copy available Francioni Introduction to the International Law of Armed Hbk 9781841136318 2006 £69 €89 US$138 Confl icts, Kolb, Hyde Property Law Chapter VII Powers of the United Nations Security Pbk 9781841137995 2008 £31 €40 US$62 Council, de Wet Inspection copy available Conceptualising Home, Fox Hbk 9781841134222 2004 £68 €88 US$136 Introduction to the Law of the United Nations, Kolb Hbk 9781841135793 2006 £76 €99 US$152 Counterterrorism: Democracy’s Challenge, Pbk 9781841139371 2010 £25 €32.50 US$40 European Land Law, Sparkes Bianchi, Keller Iran Nuclear Issue, Ronen Hbk 9781841137582 2007 £60 € 78 US$120 Hbk 9781841138183 2008 £57 €74 US$114 Hbk 9781841137568 2010 £50 €65 US$100 Inspection copy available Decisions of the Arbitration Panel for In Rem Iraq War and International Law, Shiner, Williams Introduction to Land Law, 2nd ed, Gardner Restitution, Aicher, Kussbach, Reinisch Hbk 9781841136691 2008 £31 €40 US$62 Pbk 9781841139807 2009 £18.94 €24 US$37.89 Vol 1 Irish Yearbook of International Law, Landlord and Tenant Law, Bright Hbk 9781841138770 2008 £78 €101 US$156 Allain, Mullally Hbk 9781841135939 2006 £69 €89 US$138 Vol 2 Vol 1 Inspection copy available Hbk 9781849460002 2009 £75 € 97 US$150 Hbk 9781841137025 2008 £52 €67 US$104 Landlord and Tenant Law in Context, Bright Democratic Legitimacy of International Law, Vol 2 Pbk 9781841137223 2007 £36 €47 US$72 Wheatley Hbk 9781841139593 2009 £186 €242 US$372 Modern Studies in Property Law Hbk 9781841138176 2010 £60 €78 US$120 Islamic State Practices, International Law and the 282 Vol 1, Cooke Development of Human Rights Law by the Judges Threat from Terrorism, Rehman Hbk 9781841131252 2001 £65 €84 US$130 of the International Court of Justice, Bedi Hbk 9781841135014 2005 £46 €60 US$92 Vol 2, Cooke Hbk 9781841135762 2007 £72 €93 US$144 Issues of State Responsibility before International Hbk 9781841131733 2003 £78 €101 US$156 Domestic Violence and International Law, Meyersfeld Judicial Institutions, Fitzmaurice, Sarooshi Vol 3, Cooke Hbk 9781841139111 2010 £45 €58.50 US$90 Hbk 9781841133898 2004 £50 €65 US$100 Hbk 9781841135588 2005 £72 €93 US$144 Enforcing International Law Norms Against Terrorism, Justice for Crimes Against Humanity, Lattimer, Sands Vol 4, Cooke Bianchi Hbk 9781841134130 2003 £75 €97 US$150 Hbk 9781841136288 2007 £60 €78 US$120 Hbk 9781841134307 2004 £76 €99 US$152 Vol 5, Dixon Law Against War, Corten Pbk 9781841135663 2005 £35 €45 US$70 Hbk 9781841139609 2009 £78 €101 US$156 Hbk 9781841139425 2010 £65 €97.50 US$150 Finnish Yearbook of International Law, Vol 19, Klabbers Inspection copy available Legal Foundations of INTERPOL, Martha New Land Law, 2nd ed, Sparkes Hbk 9781849460415 2010 £135 €175 US$270 Hbk 9781849460408 2010 £50 €65 US$100 Pbk 9781841133805 2003 £34 €44 US$68 From ‘9-11’ to the ‘Iraq War 2003’, McGoldrick Inspection copy available New Landlord and Tenant, Sparkes Pbk 9781841134963 2004 £21 €27 US$42 Legal Order of the Oceans, Lowe, Talmon Hbk 9781841130224 2001 £105 €136 US$210 Global Governance and the Quest for Justice Pbk 9781841138237 2009 £47 €61 US$94 Pbk 9781841130231 2001 £43 €56 US$86 Vol I, Lewis Ordering Pluralism, Delmas-Marty Pbk 9781841134086 2006 £27 €35 US$54 New Law of Land Registration, Cooke Pbk 9781841139906 2009 £26 €34 US$52 Vol II, MacLeod Pbk 9781841133508 2003 £33 €43 US$66 Permanent International Criminal Court, Pbk 9781841134062 2006 £27 €35 US$54 McGoldrick, Rowe, Donnelly Personal Property Law, Worthington Vol III, Odell, Willett Pbk 9781841132815 2004 £41 €53 US$82 Hbk 9781901362435 2000 £38 €49 US$76 Pbk 9781841134079 2008 £23.94 €31 US$47.89 Property and Protection, Meisel, Cook Vol IV, Brownsword Predictability and Flexibility in the Law of Maritime Delimitation, Tanaka Hbk 9781841130637 2000 £72 €93 US$144 Pbk 9781841134093 2005 £26 €34 US$52 Hbk 9781841135816 2006 £98 €127.40 US$196 Property and the Law of Finders, Hickey Human Dignity and the Foundations of Reappraising the Resort to Force, Moir Hbk 9781841135755 2010 £40 €52 US$80 International Law, Capps Hbk 9781841133577 2009 £41 53 US$82 Hbk 9781841136097 2010 £35 €45.50 US$70 Property in the Margins, van der Walt € Pbk 9781849460897 2010 £22 €29 US$44 Regional Organisations and the Development Pbk 9781841139630 2009 £36 €47 US$72 of Collective Security, Abass Human Security and International Law, Proprietary Remedies in Context, Rotherham von Tigerstrom Hbk 9781841134802 2004 £55 €71 US$110 Hbk 9781841131658 2002 £63 €82 US$126 Hbk 9781841136103 2007 £43 €56 US$86 Remedies in International Law, Evans Inspection copy available Institutional Veil in Public International Law, Hbk 9781901362350 1998 £81 €105 US$162 Structure of Property Law, McFarlane Brölmann Select Proceedings of the European Society Pbk 9781841135595 2008 £29 €37 US$58 Hbk 9781841136349 2007 £50 €65 US$100 of International Law, Vol 1, Ruiz Fabri, Jouannet, Tomkiewicz International Court of Justice and Self-Defence in International Law, Green Pbk 9781841136882 2008 £47 €61 US$94 Public International Vol 2, Ruiz Fabri Hbk 9781841138763 2009 £47 €61 US$94 Pbk 9781849460644 2010 £65 €85 US$130 Law International Law, Buss, Manji Shifting Allocation of Authority in International Law, Advancement of International Law, Leben Pbk 9781841134277 2005 £26 €34 US$52 Shany, Broude Hbk 9781841132785 2010 £45 €58.50 US$90 International Law and Dispute Settlement, Hbk 9781841137971 2008 £62 €80 US$124 Africa, Levitt French, White Sovereignty and the Stateless Nation, Azopardi Hbk 9781841136189 2008 £52 €67 US$104 Hbk 9781841139128 2010 £65 €84.50 US$130 Hbk 9781841139166 2009 £62 €80 US$124 Arms Trade and International Law, Yihdego Inspection copy available Terrorism and the State, Becker Hbk 9781841137469 2007 £55 €71 US$110 International Law of the Sea, Rothwell, Stephens Pbk 9781841132570 2010 £35 €45.50 US$55 Hbk 9781841136066 2006 £60 €78 US$120 Asserting Jurisdiction, Capps, Evans, Konstadinides Pbk 9781841136271 2006 £29 €37 US$58 Hbk 9781841133058 2003 £62 €80 US$124 International Law, Power, Security and Justice, Sur Pbk 9781841139821 2010 £55 €71.50 US$110 Transnational Governance and Constitutionalism, Between Light and Shadow, Darrow Joerges, Sand, Teubner International Relations Debacle, Palley Hbk 9781841133904 2003 £55 €71 US$110 Hbk 9781841134352 2004 £70 €91 US$140 Pbk 9781841135670 2006 £30 €39 US$60 Hbk 9781841135786 2005 £29 €37 US$58

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Transnational Law and Local Struggles, Szablowski Luhmann on Law and Politics, King, Thornhill Hbk 9781841136387 2007 £50 €65 US$100 Hbk 9781841136233 2006 £43 €56 US$86 Pbk 9781841136394 2007 £33 €43 US$66 Pbk 9781841136240 2006 £26 €34 US$52 Use of Nuclear Weapons and the Protection Multicultural Jurisprudence, Foblets, Dundes Renteln Tax Law of the Environment during International Hbk 9781841138954 2009 £47 €61 US$94 Inspection copy available Armed Confl ict, Koppe Pbk 9781841138961 2009 £23 €30 US$46 Revenue Law, 6th ed, Tiley Hbk 9781841137452 2008 £52 €67 US$104 Paradoxes and Inconsistencies in the Law, Pbk 9781841139203 2008 £50 €65 US$100 Perez, Teubner Studies in the History of Tax Law, Tiley Socio-Legal Pbk 9781841135410 2005 £35 €45 US$70 Vol 1 Paths to Justice, Genn Hbk 9781841134734 2004 £69 €89 US$138 Studies Pbk 9781841130392 1999 £26 €34 US$52 Vol 2 Hbk 9781841136776 2007 £65 €84 US$130 After National Democracy, Trägårdh Paths to Justice Scotland, Genn, Paterson Vol 3 Hbk 9781841133287 2004 £55 €71 US$110 Pbk 9781841130408 2001 £28 €36 US$56 Hbk 9781841139562 2009 £78 €101 US$156 Poverty and the Law, Robson, Kjønstad Pbk 9781841133294 2004 £29 €37 US$58 Vol 4 Hbk 9781841131900 2001 £62 €80 US$124 Contemporary Issues of the Semiotics of Law, Hbk 9781849460484 2010 £75 €97.50 US$150 Wagner, Summerfi eld, Benavides Vanegas Pbk 9781841131917 2001 £31 €40 US$62 Hbk 9781841135458 2005 £55 €71 US$110 Inspection copy available Pbk 9781841135465 2005 £25 €32 US$50 Religion, Race, Rights, Darian-Smith 832 Costs and Cautionary Tales, Ogus Pbk 9781841137292 2010 £17.94 €24 US$19.94 Pbk 9781841133690 2006 £23 €30 US$46 Responsible Business, Dilling, Herberg, Winter

Courts, Justice, and Effi ciency, Fix-Fierro Hbk 9781841137797 2008 £47 €61 US$94

Pbk 9781841137803 2008 £23 €30 US$46 Hbk 9781841133829 2004 £57 €74 US$114 Darker Legacies of Law in Europe, Joerges, Singh Rethinking Law, Society and Governance, Ghaleigh Wickham, Pavlich Hbk 9781841133102 2003 £75 €97 US$150 Hbk 9781841132938 2001 £65 €84 US$130

European Ways of Law, Gessner, Nelken Pbk 9781841132945 2001 £26 €34 US$52

Hbk 9781841137773 2007 £50 65 US$100 Rules and Networks, Appelbaum, Felstiner, Gessner € Pbk 9781841132969 2001 £26 €34 US$52 Pbk 9781841137780 2007 £27 €35 US$54 Fighting for Political Freedom, Halliday, Karpik, Sexuality Repositioned, Feeley Brooks-Gordon, Gelsthorpe, Johnson, Bainham Hbk 9781841137674 2007 £60 €78 US$120 Pbk 9781841134895 2004 £35 €45 US$70 Pbk 9781841137681 2007 £21 €27 US$24 Inspection copy available Fundamental Values, Economides, Theory and Method in Socio-Legal Research, Betten, Bridge, Tettenborn, Shrubsall Banakar, Travers Hbk 9781841131184 2000 £62 €80 US$124 Hbk 9781841136257 2005 £65 €84 US$130 Pbk 9781841136264 2005 £27 €35 US$54 Geography of Law, Taylor Hbk 9781841135564 2006 £47 €61 US$94 Thinking about Law, Ben-Dor Pbk 9781841135571 2006 £26 €34 US$52 Pbk 9781841133546 2007 £33 €43 US$66 Globalisation and Resistance, Antons, Gessner Thinking without Desire, Minkkinen Pbk 9781841136813 2007 £24 €31 US$48 Hbk 9781841130484 1999 £60 €78 US$120 Governing Independence and Expertise, McDermont Visible Women, James, Palmer Pbk 9781841139890 2010 £30 €39 US$60 Hbk 9781841131955 2002 £40 €52 US$80 Governing Sexuality, Stychin Hbk 9781841132679 2003 £42 €54 US$84 Healing the Wounds, Foblets, von Trotha Hbk 9781841134680 2004 £47 €61 US$94 Sports Law Pbk 9781841134697 2004 £25 €32 US$50 Inspection copy available Imaginary Boundaries of Justice, Lippens Modern Sports Law, Anderson Hbk 9781841134741 2005 £55 €71 US$110 Pbk 9781841136851 2010 £25 €32.50 US$50 Pbk 9781841134758 2005 £25 €32 US$50 Sports Law, Beloff, Demetriou, Kerr Inspection copy available Hbk 9781841130736 1999 £94 €122 US$188 Introduction to Law and Social Theory, Banakar, Travers Pbk 9781841132099 2002 £26 €34 US$52 Law and Politics at the Perimeter, Munro Pbk 9781841133522 2007 £25 €32 US$50 Legal Institutions and Collective Memories, Karstedt Hbk 9781841133263 2009 £57 €74 US$114 Pbk 9781841133270 2009 £26 €34 US$52 Living Law, Hertogh Hbk 9781841138978 2008 £47 €61 US$94 Pbk 9781841138985 2008 £23 €30 US$46

ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.hartpublishingusa.com Index by Title Hart Publishing Index by Title

Accounting for Hunger Contracting with Sovereignty Ivar Alvik 45 Family Law, Gender & the State, 3rd Ed edited by Olivier De Schutter and Kaitlin Cordes 38 Corporate Finance Law Alison Diduck and Felicity Kaganas 35 Administrative Justice and Asylum Appeals Louise Gullifer and Jennifer Payne 8Feminist Perspectives on Contemporary Robert Thomas 17 Costs and Funding of Civil Litigation International Law edited by Sari Kouvo and Zoe Pearson 67 Africa edited by Jeremy Levitt 69 edited by Christopher Hodges, Stefan Vogenauer and Fiduciary Loyalty Matthew Conaglen 28 Anti-Bribery Risk Assessment edited by Magdalena Tulibacka 55 Fighting Monsters Rory Brown 65 Thomas Gruetzner, Ulf Hommel and Klaus Moosmayer 7Crimes, Harms and Wrongs Financial Crisis in Constitutional Perspective Anticipatory Breach Qiao Liu 20 A P Simester and Andreas von Hirsch 24 Poul F Kjaer, Gunther Teubner and Alberto Febbrajo 7 Art and Copyright, 2nd Ed Simon Stokes 23 Criminal Evidence and Human Rights Finnish Yearbook of International Law, Vol 20 Art of Justice Ruth Herz 37 edited by Paul Roberts and Jill Hunter 34 editor-in-Chief Jan Klabbers 68 Attribution of Enforcement Powers to Criminalising Cartels Five Masters of International Law Antonio Cassese 64 UN Peacekeeping Operations in the 21st Century James edited by Caron Beaton-Wells and Ariel Ezrachi 9Forms Liberate Kristen Rundle 53 84 Sloan 64 Current Problems in the Protection of Foundations of European Private Law Basic Documents on International Human Rights edited by Roger Brownsword, Hans-W Micklitz, Leone Niglia Investment Protection Martins Paparinskis 45 edited by Katja S Ziegler and Peter Huber 40 and Steve Weatherill 22 Bewigged and Bewildered? 2nd Ed, Adam Kramer 50 Cyprus Issue Nikos Skoutaris 32 Gender and Judging Beyond the Established Legal Orders Debating Euthanasia Emily Jackson and John Keown 57 edited by Ulrike Schultz and Gisela Shaw 36 edited by Malcolm Evans and Panos Koutrakos 31 Decisions of the Arbitration Panel for In Rem German Law of Torts, 5th Ed Basil Markesinis and Birth Rites and Rights edited by Fatemeh Ebtehaj, Restitution edited by Josef Aicher, Erich Kussbach Hannes Unberath with Jörg Fedtke and Angus Johnston 22 Jonathan Herring, Martin Johnson and Martin Richards 58 and August Reinisch 69 Getting a PhD in Law British Overseas Territories Law Dignity in Bioethics and Law Charles Foster 58 Caroline Morris and Cian Murphy 50 Ian Hendry and Susan Dickson 66 Direct Investment, National Champions and Global Competition Law and Economics, 2nd Ed Cambridge Yearbook of European Legal Studies, Vol 13 EU Treaty Freedoms Frank S Benyon 46 Einer Elhauge and Damien Geradin 12 edited by Catherine Barnard and Okeoghene Odudu 32 Distinction and Relationship between Governing Biobanks Jane Kaye, Susan M C Gibbons, Cath- Carbon Capture and Storage edited by Ian Havercroft, Jus ad Bellum and Jus in Bello erine Heeney, Andrew Smart and Michael Parker 57 Richard Macrory and Richard B Stewart 27 Keiichiro Okimoto 66 Hannah Arendt and the Law Caring and the Law Jonathan Herring 57 Emotions, Crime and Justice edited by edited by Marco Goldoni and Christopher McCorkindale 54 Casebook on Contract, 3rd Ed Andrew Burrows 20 Susanne Karstedt, Ian Loader and Heather Strang 25 Health and Human Rights Thérèse Murphy 41 Cases and Materials on EU Private Employment Relationship edited by Giuseppe Casale 49 History of the Laws of War Alexander Gillespie 62 International Law Stefania Bariatti 59 Environmental Integration in the EU’s External History of the Middle Temple Challenging Gender Inequality in Tax Policy Making Relations Gracia Marín Durán and Elisa Morgera 27 edited by Richard O Havery 52 edited by Kim Brooks, Åsa Gunnarson, Lisa Philipps Environmental Judicial Review Richard Moules 26 Home Equity and Ageing Owners and Maria Wersig 71 Equality Bob Hepple 48 Lorna Fox O’Mahony 61 Children’s Socio-Economic Rights, Democracy Equality and Discrimination Aileen McColgan 48 How Constitutions Change and the Courts Aoife Nolan 40 Essays on International Criminal Law and edited by Dawn Oliver and Carlo Fusaro 17 Civil Justice Systems in Europe International Criminal Procedure Hector Olasolo 44 Human Rights and Public Finance edited by Stefan Vogenauer and Christopher Hodges 55 Ethical and Legal Requirements of Transnational Ge- Aoife Nolan, Rory O’Connell and Colin Harvey 41 Coalition and the Constitution Vernon Bogdanor 14 netic Research Nikolaus Forgó, Regine Kollek, Marian Arning, Illicit Trade in Art and Antiquities Community and Collective Rights Dwight Newman 39 Tina Kruegel and Imme Petersen 58 Janet Ulph and Ian Smith 43 Competition Law, 4th Ed EU Competition Law and the Information and Image and Publicity Rights Gillian Black 23 Valentine Korah and Ioannis Lianos 11 Communication Technology Network Impact of EU Law on Minority Rights T Concept of Abuse in EU Competition Law Industries Andrej Fatur 12 awhida Ahmed 39 Pinar Akman 11 EU Counter-Terrorism Cian Murphy 31 Indigenous Peoples in International and Concept of Unity in Public International Law EU Distribution Law, 5th Ed Joanna Goyder 10 Comparative Law Mario Prost 64 EU Employment Law, 2nd Ed Jeff Kenner 48 Thalia Anthony, Larissa Behrendt and Ben Saul 67 Constitution of France Sophie Boyron 15 EU Law for UK Lawyers, 2nd Ed Aidan O’Neill 30 Indigenous Voices edited by Claire Charters, Constitution of Iraq Zaid Al-Ali and Jörg Fedtke 16 European Competition Journal Les Malezer and Victoria Tauli-Corpuz 39 Constitution of Ireland Colm O’Cinneide 16 edited by Philip Marsden and Simon Bishop 10 Inquests John Cooper 34 Constitution of Italy Justin O Frosini 16 European Competition Law Annual 2009 Insurance Law, 3rd Ed Constitution of Thailand edited by Claus-Dieter Ehlermann and Mel Marquis 14 John Lowry and Philip Rawlings with Robert Merkin 42 Andrew Harding and Peter Leyland 16 European Competition Law Annual 2010 Intellectual Property Law and Policy, Vol 12 Constitution of the Republic of Austria edited by Mel Marquis and Philip Lowe 13 edited by Hugh C Hansen 23 Manfred Stelzer 15 European Distribution Law Intellectual Property Overlaps Constitution of the Russian Federation Michael Martinek and Eckhard Flohr 13 Estelle Derclaye and Matthias Leistner 23 Jane Henderson 15 European Insolvency Law edited by Hans-Gerd Jauch, Heinz Intellectual Property, Competition Law Constitution of the United Kingdom, 2nd Ed Vallender and Michael Dahl 8and Economics in Asia edited by Ian McEwin 11 Peter Leyland 15 European Law Reports Interlocking Constitutions Luis Gordillo Perez 64 Constitutional Dimension of European edited by David Vaughan CBE QC 31 International and European Criminal Law Criminal Law Ester Herlin-Karnell 43 European Merger Control Helmut Satzger 44 Constitutional Order of States? Michael Rosenthal and Stefan Thomas 13 International Antitrust Litigation edited by edited by Anthony Arnull, Catherine Barnard, European Union and Global Emergencies Jürgen Basedow, Stéphanie Francq and Laurence Idot 59 Michael Dougan and Eleanor Spaventa 30 edited by Antonis Antoniadis, Robert Schütze International Child Abduction Thalia Kruger 60 Constitutional Pluralism in the European and Eleanor Spaventa 32 International Commercial Arbitration and Union and Beyond Matej Avbelj and Jan Komárek 17 Europe’s Constitutional Mosaic EC Competition Law Constitutionalism, Multilevel Trade Governance edited by Neil Walker, Jo Shaw and Stephen Tierney 31 Assimakis Komninos and Luca Radicati di Brozolo 9 and International Economic Law ‘Expert Privilege’ in Civil Evidence Paul England 55 International Economic Law in the 21st Century edited by Christian Joerges and Ernst-Ulrich Petersmann 47 Ernst-Ulrich Petersmann 47

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International Environmental Law New European Law of Unfair Commercial Practices and Transnational Administrative Rule-Making Ulrich Beyerlin and Thilo Marauhn 27 Competition Law Bert Keirsbilck 11 edited by Olaf Dilling, Martin Herberg and Gerd Winter 68 International Humanitarian Law and Terrorism New York Convention edited by Reinmar Wolff 56 Transnational Legal Theory edited by Craig Scott 63 Andrea Bianchi and Yasmin Naqvi 65 NGOs and the Struggle for Human Rights in Europe Travels of the Criminal Question edited by Dario Melossi, International Law Wade Mansell 63 Loveday Hodson 40 Máximo Sozzo and Richard Sparks 26 International Sales Terms Occupation of Iraq Stefan Talmon 62 Twenty-First Century Solicitor Steve Weiner 50 Professor Dr Patrick Ostendorf 21 OLAF at the Crossroads UK Merger Control Interpreting TRIPS Hiroko Yamane 47 Constantin Stefanou, Simone White and Helen Xanthaki 44 Jonathan Parker and Adrian Majumdar 9 Introduction to Competition Law, 2nd Ed Oxford University Commonwealth Law Journal UK Procurement Law General Editor: Michael Bowsher. Piet-Jan Slot and Angus Johnston 12 edited by Aparna Rao 38 Contributors: Elisa Holmes and Ewan West 19 Introduction to the Law on Financial Investment, Parliamentary Elections, Representation and the Law United Nations Convention on Contracts for the Inter- 2nd Ed Iain G MacNeil 6Caroline Morris 17 national Sale of Goods edited by Stefan Kröll, Loukas A Irish Yearbook of International Law, Vol 3 Payment Order of Antiquity and the Middle Ages Mistelis and Maria del Pilar Perales Viscacillas 21 edited by Jean Allain and Siobhán Mullally 68 Benjamin Geva 7United Nations Convention on the Crime of Genocide Israeli-Palestinian Confl ict and its Resolution Perspectives on Causation edited by Richard Goldberg 21 Christian Tams and Martin Mennecke 67 Tal Becker and Ghaith Al-Omari 63 Political Economy of Corporation Tax John Snape 71 United Nations Convention on the Law of the Sea Joint Ventures and EU Competition Law Politics of International Law Martti Koskenniemi 63 Alexander Prölss 67 Luis Morais 12 Principles of European Constitutional Law, 2nd Ed edited Unjust Enrichment by Transfer in South African Law Journal of Corporate Law Studies by Armin von Bogdandy and Jürgen Bast 30 Helen Scott 22 edited by John Armour, Eilís Ferran, Jesper Lau Hansen, Richard Principles of Personal Property Law Using International Law in Domestic Courts, 2nd Ed Nolan and Jennifer Payne 8Duncan Sheehan 60 Shaheed Fatima 61 Journal of Media Law edited by Eric Barendt, Prohibition of Abuse of Law Values in Global Administrative Law edited by Gordon 85 Thomas Gibbons and Rachael Craufurd Smith 56 edited by Rita de la Feria and Stefan Vogenauer 32 Anthony, Jean-Bernard Auby, John Morison and Tom Zwart 18 Journal of Private International Law Public Liability in EU Law Pekka Aalto 30 Vattel and the Emergence of Classic edited by Paul Beaumont and Jonathan Harris 59 Public Procurement and the EU Competition Rules Albert International Law Emmanuelle Jouannet translated by Judicial Review Sánchez Graells 10 Gina Bellande and Robert Howse 65 edited by Michael Fordham QC and James Maurici 18 Public Procurement Law Vicarious Liability in Tort Claire McIvor 22 Jurisprudence edited by Duncan Fairgrieve and François Lichère 20 Vienna Convention on Diplomatic and edited by Sean Coyle and George Pavlakos 54 REACH - Regulation Consular Matters Michael Richtsteig 67 Juxtaposing Autonomy and Paternalism edited by Dieter Drohmann and Matthew Townsend 33 What About Law?, 2nd Ed in Private Law Reappraising the Resort to Force Lindsay Moir 65 Catherine Barnard, Janet O’Sullivan and Graham Virgo 49 edited by Anthony Ogus and Willem H van Boom 22 Refl ections on the UN Declaration on the Rights of Wyatt and Dashwood’s European Union Law, 6th Ed Karl Polanyi, Globalisation and the Potential of Law in Indigenous Peoples Alan Dashwood, Michael Dougan, Barry Rodger, Eleanor Transnational Markets edited by Stephen Allen and Alexandra Xanthaki 40 Spaventa and Derrick Wyatt 29 edited by Christian Joerges and Josef Falke 70 Refusals to Licence Intellectual Property King’s Law Journal edited by Satvinder Juss 37 Ian Eagles and Louise Longdin 13 Landmark Cases in Family Law edited by Reproductive Autonomy and the Stephen Gilmore, Jonathan Herring and Rebecca Probert 35 Regulation of Reproduction Erin Nelson 58 Law and Financial Markets Review Research Methodologies in EU and International Law edited by Iain G. MacNeil 6 Robert Cryer, Tamara Hervey and Bal Sokhi-Bulley, Law and Humanities with Alexandra Bohm 51 edited by Paul Raffi eld and Gary Watt 37 Rethinking Criminal Law Theory edited by Francois Law and Outsiders Tanguay-Renaud and James Stribopoulos 24 edited by Cian C Murphy and Penny Green 70 Right to Development and International Law, Innovation and Technology Economic Law Isabella Bunn 46 edited by Roger Brownsword and Han Somsen 37 Right to Housing Jessie Hohmann 39 Law, Virtue and Justice Rights and Private Law edited by Amalia Amaya and Hock Lai Ho 54 edited by Donal Nolan and Andrew Robertson 19 Law’s Moral Indifference Andreas Takis 53 Rights and Responsibilities of Children in Youth Crime Legal Ethics edited by Christine Parker 50 Kathryn Hollingsworth 25 Legal Protection of Foreign Investment Rights in Divided Societies edited by Wenhua Shan 46 edited by Colin Harvey and Alexander Schwartz 41 Legisprudence edited by Luc Wintgens 54 Select Proceedings of the European Society of Liability for Wrongful Interferences with Chattels Simon International Law, Vol 3 Douglas 19 edited by James Crawford and Sarah Nouwen 68 Liability Insurance in International Sentencing in International Criminal Law Arbitration, 2nd Ed Silvia D’Ascoli 43 Richard Jacobs QC, Lorelie S Masters and Paul Stanley QC 42 Setting the Watch Beatrice von Silva-Tarouca Larsen 25 Making Family Law Shakespeare’s Imaginary Constitution Paul Raffi eld 52 Mavis Maclean (with Jacek Kurczewski) 35 Single Common Market Organisation Marital Agreements and Private Autonomy (Regulation (EC) 1234/2007) in Comparative Perspective edited by Jens M Scherpe 36 edited by Rudolf Mögele and Friedrich Erlbacher 33 Mediating International Child Abduction Cases State Aid and the European Economic Constitution Sarah Vigers 60 Francesco de Cecco 10 Mediation in Political Confl icts State Liability in Investment Treaty Arbitration Santiago edited by Jacques Faget 68 Montt 45 Methodologies of Legal Research Studies in the History of Tax Law, Vol 5 edited by Mark van Hoecke 51 edited by John Tiley 71 Mistakes in Contract Law Catherine Macmillan 20 Swedish Studies in European Law, Vol 3 Modern Studies in Property Law, Vol 6 edited by Hans Henrik Lidgard 33 edited by Susan Bright 61 Swedish Studies in European Law, Vol 4 Multi-Sourced Equivalent Norms in International Law edited by Mia Rönnmar 33 edited by Tomer Broude and Yuval Shany 66 Tapestry of Reason Amalia Amaya 53 Murder, Medicine and Motherhood Emma Cunliffe 34 Terrorism Ben Saul 66 Networks as Connected Contracts Tied Aid and Development Aid Policies in the Gunther Teubner (translated by Michelle Everson) 21 Framework of EU and WTO Law Annamaria Lachimia 47

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Aalto Public Liability in EU Law 30 Cryer, Hervey, Sokhi-Bulley Research Methodologies in Harvey, O’Connell, Nolan Human Rights and Public Finance 41 Ahmed Impact of EU Law on Minority Rights 39 EU and International Law 51 Harvey, Schwartz Rights in Divided Societies 41 Aicher, Kussbach, Reinisch Cunliffe Murder, Medicine and Motherhood 34 Havercroft, Macrory, Stewart Carbon Capture and Storage 27 Decisions of the Arbitration Panel for In Rem Restitution 69 Dahl, Vallender, Jauch European Insolvency Law 8Havery History of the Middle Temple 52 Akman Concept of Abuse in EU Competition Law 11 D’Ascoli Sentencing in International Criminal Law 43 Heeney, Gibbons, Kaye, Smart Parker Governing Biobanks 57 Al-Ali, Fedtke Constitution of Iraq 16 Dashwood, Dougan, Rodger, Spaventa, Wyatt Henderson Constitution of the Russian Federation 15 Allain, Mullally Irish Yearbook of International Law, Vol 3 68 Wyatt and Dashwood’s European Union Law, 6th Ed 29 Hendry, Dickson British Overseas Territories Law 66 Allen, Xanthaki Refl ections on the UN Declaration de Cecco State Aid and the European Economic Constitution 10 Hepple Equality 48 on the Rights of Indigenous Peoples 40 de la Feria, Vogenauer Prohibition of Abuse of Law 32 Herberg, Dilling, Winter Transnational Al-Omari, Becker Israeli-Palestinian Confl ict and its Resolution 63 De Schutter, Cordes Accounting for Hunger 38 Administrative Rule-Making 68 Alvik Contracting with Sovereignty 45 Derclaye, Leistner Intellectual Property Overlaps 23 Herlin-Karnell Amaya Tapestry of Reason 53 Dickson, Hendry British Overseas Territories Law 66 Constitutional Dimension of European Criminal Law 43 86 Amaya, Ho Law, Virtue and Justice 54 Diduck, Kaganas Family Law, Gender & the State, 3rd Ed 35 Herring Caring and the Law 57 Anthony, Auby, Morison, Zwart Dilling, Herberg, Winter Transnational Administrative Rule-Making 68 Herring, Ebtehaj, Johnson, Richards Birth Rites and Rights 58 Values in Global Administrative Law 18 Dougan, Barnard, Arnull, Spaventa Herring, Gilmore, Probert Landmark Cases in Family Law 35 Anthony, Behrendt, Saul Constitutional Order of States? 30 Hervey, Cryer, Sokhi-Bulley Research Methodologies Indigenous Peoples in International and Comparative Law 67 Dougan, Dashwood, Rodger, Spaventa, Wyatt in EU and International Law 51 Antoniadis, Schütze, Spaventa Wyatt and Dashwood’s European Union Law, 6th Ed 29 Herz Art of Justice 37 European Union and Global Emergencies 32 Douglas Liability for Wrongful Interferences with Chattels 19 Ho, Amaya Law, Virtue and Justice 54 Arning, Kollek, Forgó, Kruegel Petersen Ethical and Legal Drohmann, Townsend REACH - Regulation 33 Hodges, Vogenauer Civil Justice Systems in Europe 55 Requirements of Transnational Genetic Research 58 Durán, Morgera Environmental Integration in the Hodges, Vogenauer, Tulibacka Costs and Funding Arnull, Barnard, Dougan, Spaventa EU’s External Relations 27 of Civil Litigation 55 Constitutional Order of States? 30 Eagles, Longdin Refusals to Licence Intellectual Property 13 Hodson NGOs and the Struggle for Human Rights in Europe 40 Auby, Anthony, Morison, Zwart Ebtehaj, Herring, Johnson, Richards Birth Rites and Rights 58 Hohmann Right to Housing 39 Values in Global Administrative Law 18 Ehlermann, Marquis European Competition Law Annual 2009 14 Hollingsworth Rights and Responsibilities of Avbelj, Komárek Constitutional Pluralism in the Elhauge, Geradin Global Competition Law Children in Youth Crime 25 European Union and Beyond 17 and Economics, 2nd Ed 12 Hommel, Gruetzner, MoosmayerAnti-Bribery Bariatti Cases and Materials on EU Private International Law 59 England ‘Expert Privilege’ in Civil Evidence 55 Risk Assessment 7 Barnard, Arnull, Dougan, Spaventa Erlbacher, Mögele Single Common Market Organisation Huber, Ziegler Current Problems in the P Constitutional Order of States? 30 (Regulation (EC) 1234/2007) 33 rotection of Human Rights 40 Barnard, Odudu Evans, KoutrakosBeyond the Established Legal Orders 31 Hunter, Roberts Criminal Evidence and Human Rights 34 Cambridge Yearbook of European Legal Studies, Vol 13 32 Ezrachi, Beaton-Wells Criminalising Cartels 9Idot, Francq, Basedow International Antitrust Litigation 59 Barnard, O’Sullivan, Virgo What About Law?, 2nd Ed 49 Faget Mediation in Political Confl icts 68 Jackson, Keown Debating Euthanasia 57 Basedow, Francq, Idot International Antitrust Litigation 59 Fairgrieve, Lichère Public Procurement Law 20 Jacobs, Stanley, Masters Liability Insurance in Bast, von Bogdandy Falke, Joerges Karl Polanyi, Globalisation and the International Arbitration, 2nd Ed 42 Principles of European Constitutional Law, 2nd Ed 30 Potential of Law in Transnational Markets 70 Jauch, Vallender, Dahl European Insolvency Law 8 Beaton-Wells, Ezrachi Criminalising Cartels 9Fatima Using International Law in Domestic Courts, 2nd Ed 61 Joerges, Falke Karl Polanyi, Globalisation and the Potential of Becker, Al-Omari Israeli-Palestinian Confl ict and its Resolution 63 Fatur EU Competition Law and the Information and Law in Transnational Markets 70 Behrendt, Anthony, Saul Indigenous Peoples in International Communication Technology Network Industries 12 Joerges, Petersmann Constitutionalism, Multilevel and Comparative Law 67 Febbrajo, Teubner, Kjaer Financial Crisis in Trade Governance and International Economic Law 47 Benyon Direct Investment, National Champions Constitutional Perspective 7Johnson, Herring, Ebtehaj, Richards Birth Rites and Rights 58 and EU Treaty Freedoms 46 Fedtke, Al-Ali Constitution of Iraq 16 Johnston, Slot Introduction to Competition Law, 2nd Ed 12 Beyerlin, Marauhn International Environmental Law 27 Flohr, Martinek European Distribution Law 13 Jouannet Vattel and the Emergence of Classic International Law 65 Bianchi, Naqvi International Humanitarian Law and Terrorism 65 Forgó, Kollek, Arning, Kruegel Petersen Ethical and Legal Kaganas, Diduck Family Law, Gender & the State, 3rd Ed 35 Black Image and Publicity Rights 23 Requirements of Transnational Genetic Research 58 Karstedt, Loader, Strang Emotions, Crime and Justice 25 Bogdanor Coalition and the Constitution 14 Foster Dignity in Bioethics and Law 58 Kaye, Gibbons, Heeney, Smart ParkerGoverning Biobanks 57 Bowsher UK Procurement Law 19 Fox O’Mahony Home Equity and Ageing Owners 61 Keirsbilck New European Law of Unfair Boyron Constitution of France 15 Francq, Basedow, Idot International Antitrust Litigation 59 Commercial Practices and Competition Law 11 Bright Modern Studies in Property Law, Vol 6 61 Frosini Constitution of Italy 16 Kenner EU Employment Law, 2nd Ed 48 Brooks, Gunnarson, Philipps, Wersig Challenging Gender Fusaro, Oliver How Constitutions Change 17 Keown, Jackson Debating Euthanasia 57 Inequality in Tax Policy Making 71 Geradin, Elhauge Global Competition Law and Kjaer, Teubner, Febbrajo Financial Crisis in Broude, Shany Economics, 2nd Ed 12 Constitutional Perspective 7 Multi-Sourced Equivalent Norms in International Law 66 Geva Payment Order of Antiquity and the Middle Ages 7Klabbers Finnish Yearbook of International Law, Vol 20 68 Brown Fighting Monsters 65 Gibbons, Kaye, Heeney, Smart Parker Governing Biobanks 57 Kollek, Forgó, Arning, Kruegel Petersen Ethical and Legal Brownsword, Micklitz, Niglia, Weatherill Foundations of Gillespie History of the Laws of War 62 Requirements of Transnational Genetic Research 58 European Private Law 22 Gilmore, Herring, Probert Landmark Cases in Family Law 35 Komárek, Avbelj Constitutional Pluralism in the Bunn Right to Development and International Economic Law 46 Goldberg Perspectives on Causation 21 European Union and Beyond 17 Burrows Casebook on Contract, 3rd Ed 20 Goldoni, McCorkindale Hannah Arendt and the Law 54 Komninos, Radicati di Brozolo International Commercial Casale Employment Relationship 49 Goyder EU Distribution Law, 5th Ed 10 Arbitration and EC Competition Law 9 Cassese Five Masters of International Law 64 Green, Murphy Law and Outsiders 70 Korah Competition Law, 4th Ed 11 Charters, Malezer, Tauli-Corpuz Indigenous Voices 39 Gruetzner, Hommel, Moosmayer Anti-Bribery Risk Assessment 7 Koskenniemi Politics of International Law 63 Conaglen Fiduciary Loyalty 28 Gullifer, Payne Corporate Finance Law 8Koutrakos, Evans Beyond the Established Legal Orders 31 Cooper Inquests 34 Gunnarson, Brooks, Philipps, Wersig Kouvo, Pearson Feminist Perspectives on Cordes, De Schutter Accounting for Hunger 38 Challenging Gender Inequality in Tax Policy Making 71 Contemporary International Law 67 Crawford, Nouwen Select Proceedings of the Hansen Intellectual Property Law and Policy, Vol 12 23 Kramer Bewigged and Bewildered?, 2nd Ed 50 European Society of International Law, Vol 3 68 Harding, Leyland Constitution of Thailand 16

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Kröll, Mistelis, Perales, Viscacillas United Nations Nouwen, Crawford Select Proceedings of the Smart, Gibbons, Heeney, Kaye Parker Governing Biobanks 57 Convention on Contracts for the International Sale of Goods 21 European Society of International Law, Vol 3 68 Smith, Ulph Illicit Trade in Art and Antiquities 43 Kruegel, Kollek, Arning, Forgó Petersen Ethical and Legal O’Cinneide Constitution of Ireland 16 Snape Political Economy of Corporation Tax 71 Requirements of Transnational Genetic Research 58 O’Connell, Nolan, Harvey Human Rights and Public Finance 41 Sokhi-Bulley, Cryer, Hervey Kruger International Child Abduction 60 Odudu, Barnard Cambridge Yearbook of Research Methodologies in EU and International Law 51 Kussbach, Aicher, Reinisch Decisions of the Arbitration European Legal Studies, Vol 13 32 Sozzo, Melossi, Sparks Travels of the Criminal Question 26 Panel for In Rem Restitution 69 Ogus, van Boom Juxtaposing Autonomy and Sparks, Sozzo, Melossi Travels of the Criminal Question 26 Lachimia Tied Aid and Development Aid Policies in the Paternalism in Private Law 22 Spaventa, Barnard, Dougan, Arnull Constitutional Framework of EU and WTO Law 47 Okimoto Distinction and Relationship between Order of States? 30 Leistner, Derclaye Intellectual Property Overlaps 23 Jus ad Bellum and Jus in Bello 66 Spaventa, Dougan, Rodger, Dashwood, Wyatt Levitt Africa 69 Olasolo Essays on International Criminal Law and Wyatt and Dashwood’s European Union Law, 6th Ed 29 Leyland Constitution of the United Kingdom, 2nd Ed 15 International Criminal Procedure 44 Spaventa, Schütze, Antoniadis Leyland, Harding Constitution of Thailand 16 Oliver, Fusaro How Constitutions Change 17 European Union and Global Emergencies 32 Lichère, Fairgrieve Public Procurement Law 20 O’Neill EU Law for UK Lawyers, 2nd Ed 30 Stanley, Jacobs, Masters Lidgard Swedish Studies in European Law, Vol 3 33 Ostendorf International Sales Terms 21 Liability Insurance in International Arbitration, 2nd Ed 42 Liu Anticipatory Breach 20 O’Sullivan, Barnard, Virgo What About Law?, 2nd Ed 49 Stefanou, White, Xanthaki OLAF at the Crossroads 44 Loader, Karstedt, Strang Emotions, Crime and Justice 25 Paparinskis Basic Documents on International Stelzer Constitution of the Republic of Austria 15 Longdin, Eagles Refusals to Licence Intellectual Property 13 Investment Protection 45 Stewart, Macrory, Havercroft Carbon Capture and Storage 27 Lowe, Marquis European Competition Law Annual 2010 13 Parker, Gibbons, Heeney, Smart Kaye Governing Biobanks 57 Stokes Art and Copyright, 2nd Ed 23 Lowry, Rawlings Insurance Law, 3rd Ed 42 Parker, Majumdar UK Merger Control 9Strang, Loader, Karstedt Emotions, Crime and Justice 25 Maclean Making Family Law 35 Payne, Gullifer Corporate Finance Law 8Stribopoulos, Tanguay-Renaud Rethinking Criminal Macmillan Mistakes in Contract Law 20 Pearson, Kouvo Feminist Perspectives on Law Theory 24 87 MacNeil Introduction to the Law on Financial Investment, 2nd Ed 6 Contemporary International Law 67 Takis Law’s Moral Indifference 53 Macrory, Havercroft, Stewart Carbon Capture and Storage 27 Perales, Viscacillas, Mistelis, Kröll United Nations Talmon Occupation of Iraq 62 Majumdar, Parker UK Merger Control 9Convention on Contracts for the International Sale of Goods 21 Tams, Mennecke United Nations Convention Malezer, Charters, Tauli-Corpuz Indigenous Voices 39 Perez Interlocking Constitutions 64 on the Crime of Genocide 67 Mansell International Law 63 Petersen, Kollek, Arning, Kruegel Forgó Ethical and Legal Tanguay-Renaud, Stribopoulos Marauhn, Beyerlin International Environmental Law 27 Requirements of Transnational Genetic Research 58 Rethinking Criminal Law Theory 24 Markesinis, Unberath German Law of Torts, 5th Ed 22 Petersmann International Economic Law in the 21st Century 47 Tauli-Corpuz, Malezer, Charters Indigenous Voices 39 Marquis, Ehlermann European Competition Law Annual 2009 14 Petersmann, Joerges Constitutionalism, Multilevel Trade Gover- Teubner Networks as Connected Contracts 21 Marquis, Lowe European Competition Law Annual 2010 13 nance and International Economic Law 47 Teubner, Kjaer, Febbrajo Financial Crisis in Martinek, Flohr European Distribution Law 13 Philipps, Gunnarson, Brooks, Wersig Constitutional Perspective 7 Masters, Stanley, Jacobs Liability Insurance in Challenging Gender Inequality in Tax Policy Making 71 Thomas Administrative Justice and Asylum Appeals 17 International Arbitration, 2nd Ed 42 Probert, Herring, Gilmore Landmark Cases in Family Law 35 Thomas, Rosenthal European Merger Control 13 McColgan Equality and Discrimination 48 Prölss United Nations Convention on the Law of the Sea 67 Tierney, Shaw, Walker Europe’s Constitutional Mosaic 31 McCorkindale, Goldoni Hannah Arendt and the Law 54 Prost Concept of Unity in Public International Law 64 Tiley Studies in the History of Tax Law, Vol 5 71 McEwin Intellectual Property, Competition Law Radicati di Brozolo, Komninos International Commercial Townsend, Drohmann REACH - Regulation 33 and Economics in Asia 11 Arbitration and EC Competition Law 9Tulibacka, Vogenauer, Hodges Costs and McIvor Vicarious Liability in Tort 22 Raffi eld Shakespeare’s Imaginary Constitution 52 Funding of Civil Litigation 55 Melossi, Sozzo, Sparks Travels of the Criminal Question 26 Rawlings, Lowry Insurance Law, 3rd Ed 42 Ulph, Smith Illicit Trade in Art and Antiquities 43 Mennecke, Tams United Nations Convention Reinisch, Kussbach, Aicher Unberath, Markesinis German Law of Torts, 5th Ed 22 on the Crime of Genocide 67 Decisions of the Arbitration Panel for In Rem Restitution 69 Vallender, Jauch, Dahl European Insolvency Law 8 Micklitz, Brownsword, Niglia, Weatherill Richards, Herring, Johnson, Ebtehaj Birth Rites and Rights 58 van Boom, Ogus Juxtaposing Autonomy and Foundations of European Private Law 22 Richtsteig Vienna Convention on Diplomatic Paternalism in Private Law 22 Mistelis, Kröll, Perales, Viscacillas United Nations and Consular Matters 67 van Hoecke Methodologies of Legal Research 51 Convention on Contracts for the International Sale of Goods 21 Roberts, Hunter Criminal Evidence and Human Rights 34 Vigers Mediating International Child Abduction Cases 60 Mögele, Erlbacher Single Common Market Robertson, Nolan Rights and Private Law 19 Virgo, O’Sullivan, Barnard What About Law?, 2nd Ed 49 Organisation (Regulation (EC) 1234/2007) 33 Rodger, Dougan, Dashwood, Spaventa, Wyatt Viscacillas, Mistelis, Perales, Kröll United Nations Moir Reappraising the Resort to Force 65 Wyatt and Dashwood’s European Union Law, 6th Ed 29 Convention on Contracts for the International Sale of Goods 21 Montt State Liability in Investment Treaty Arbitration 45 Rönnmar Swedish Studies in European Law, Vol 4 33 Vogenauer, de la Feria Prohibition of Abuse of Law 32 Moosmayer, Hommel, Gruetzner Rosenthal, Thomas European Merger Control 13 Vogenauer, Hodges Civil Justice Systems in Europe 55 Anti-Bribery Risk Assessment 7 Rundle Forms Liberate 53 Vogenauer, Hodges, Tulibacka Costs and Funding of Morais Joint Ventures and EU Competition Law 12 Sánchez Graells Public Procurement and the Civil Litigation 55 Morgera, Durán EU Competition Rules 10 von Bogdandy, Bast Principles of European Environmental Integration in the EU’s External Relations 27 Satzger International and European Criminal Law 44 Constitutional Law, 2nd Ed 30 Morison, Auby, Anthony, Zwart Values in Saul Terrorism 66 von Hirsch, Simester Crimes, Harms and Wrongs 24 Global Administrative Law 18 Saul, Behrendt, Anthony Indigenous Peoples in von Silva-Tarouca Larsen Setting the Watch 25 Morris Parliamentary Elections, Representation and the Law 17 International and Comparative Law 67 Walker, Shaw, Tierney Europe’s Constitutional Mosaic 31 Morris, Murphy Getting a PhD in Law 50 Scherpe Marital Agreements and Private Autonomy Weatherill, Micklitz, Niglia, Brownsword Foundations of Moules Environmental Judicial Review 26 in Comparative Perspective 36 European Private Law 22 Mullally, Allain Irish Yearbook of International Law, Vol 3 68 Schultz, Shaw Gender and Judging 36 Weiner Twenty-First Century Solicitor 50 Murphy EU Counter-Terrorism 31 Schütze, Antoniadis, Spaventa European Union and Wersig, Gunnarson, Philipps, Brooks Challenging Gender Murphy Health and Human Rights 41 Global Emergencies 32 Inequality in Tax Policy Making 71 Murphy, Green Law and Outsiders 70 Schwartz, Harvey Rights in Divided Societies 41 White, Stefanou, Xanthaki OLAF at the Crossroads 44 Murphy, Morris Getting a PhD in Law 50 Scott Unjust Enrichment by Transfer in South African Law 22 Winter, Herberg, Dilling Transnational Administrative Rule-Making 68 Naqvi, Bianchi International Humanitarian Law and Terrorism 65 Shan Legal Protection of Foreign Investment 46 Wolff New York Convention 56 Nelson Reproductive Autonomy and the Shany, Broude Multi-Sourced Equivalent Norms Wyatt, Dougan, Rodger, Dashwood, Wyatt Regulation of Reproduction 58 in International Law 66 Wyatt and Dashwood’s European Union Law, 6th Ed 29 Newman Community and Collective Rights 39 Shaw, Schultz Gender and Judging 36 Xanthaki, Allen Refl ections on the UN Declaration Niglia, Micklitz, Brownsword, Weatherill Shaw, Walker, Tierney Europe’s Constitutional Mosaic 31 on the Rights of Indigenous Peoples 40 Foundations of European Private Law 22 Sheehan Principles of Personal Property Law 60 Xanthaki, White, Stefanou OLAF at the Crossroads 44 Nolan Children’s Socio-Economic Rights, Simester, von Hirsch Crimes, Harms and Wrongs 24 Yamane Interpreting TRIPS 47 Democracy and the Courts 40 Skoutaris Cyprus Issue 32 Ziegler, Huber Current Problems in the Protection Nolan, O’Connell, Harvey Human Rights and Public Finance 41 Sloan Attribution of Enforcement Powers to UN Peacekeeping of Human Rights 40 Nolan, Robertson Rights and Private Law 19 Operations in the 21st Century 64 Zwart, Auby, Morison, Anthony Values in Global Slot, Johnston Introduction to Competition Law, 2nd Ed 12 Administrative Law 18

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