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Recent (2014) and Forthcoming Books

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2014

D Leczykiewicz, ''Constitutional Justice' and Judicial Review of EU Legislative Acts' in G de Búrca, D Kochenov and A Williams (eds), Europe’s Justice Deficit? Beyond Good Governance (Hart Publishing Oxford 2014)

J J W Herring, A Very Short Introduction to Family Law (Oxford University Press 2014)

I Goold, 'Abandonment and Human Tissue' in Imogen Goold, Jonathan Herring, Loane Skene, and Kate Greasley (eds), Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century? (Hart Publishing 2014)

I Goold, 'ABC v Ireland' in Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law (Hart Publishing 2014) (forthcoming)

J Vidmar, 'Abusive Governments as a Threat' in M Footer, J Schmidt, N White (eds), Security and International Law (Hart Publishing 2014) (forthcoming)

J Roberts and Hannah Maslen, 'After the Crime: Retributivism, Post-Offence Conduct and Penal Censure.' in A. Simester, U. Neumann and A. du Bois-Pedain (eds), Liberal Criminal Theory: Essays for Andreas von Hirsch (Hart Publishing. 2014)

M Paparinskis, 'Analogies and Other Regimes of International Law' in Z Douglas, J Pauwelyn, and J.E. Viñuales (eds), The Foundations of International Investment Law: Bringing Theory into Practice (Oxford University Press 2014) (forthcoming)

C Costello, 'Article 33 - Family & Professional Life' in Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights - A Commentary (Hart Publishing 2014)

S R Weatherill, 'Article 38 – Consumer Protection' in S. Peers, T. Hervey, J. Kenner and A. Ward (eds), The EU Charter of Fundamental Rights: A Commentary (Oxford: Hart 2014)

P P Craig, 'Article 41' in S Peers, T Hervey, J Kenner and A Ward (eds), The EU Charter of Fundamental Rights, A Commentary (Hart Publishing 2014)

J S Getzler, 'Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent' in Andrew S. Gold & Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law (Oxford University Press 2014) [...]

It is now a common observation that fiduciary duties typically arise from consent, express or implied, and regularly operate to prohibit certain behaviours in order to improve standards of positive conduct. These claims are each entirely valid, but consent is not a universal or complete explanations of the genesis of fiduciary duties, their content, and the proper remedies for breach. This essay makes a tentative start in applying the techniques of ascription and defeasibility to fiduciary law, arguing that consent plays a role in both creation and limitation of fiduciary obligations, but that consent interacts with an array of further mandatory and default terms to control entry into, variation and exemption, and exit from fiduciary relationships. The chapter surveys current law, and concludes that not “who is a fiduciary,” or “what is a fiduciary duty,” but “how are fiduciary duties changed” is now the compelling question.


ISBN: 978-0-19-870172-9

J J W Herring, 'Best interests and dementia' in C Foster, J Herring and I Doran (eds), The Law and Ethics of Dementia (Hart 2014)

E Fisher, 'Blazing Upstream? Strategic Environmental Assessment as ‘Hot’ Law' in Gregory Jones and Eloise Scotford (eds), The Strategic Environmental Assessment Directive: A Plan for Success (Hart 2014)

S Douglas-Scott, 'Brave new world? The challenges of transnational law and legal pluralism to contemporary legal theory' in Richard Nobels and David Schiff (eds), Law, Society and Community: Socio-Legal Essays in Honour of Roger Cotterrell (Ashgate 2014)

S R Weatherill, Cases and Materials on EU Law (11th ed, OUP 2014)

S Green, Causation in Negligence (Hart 2014) (forthcoming)

A Steel, 'Causation in Tort and Crime: Unity or Divergence?' in MN Dyson (ed), Unravelling Tort and Crime (CUP 2014)

A J B Sirks (ed), Change of paradigm in contractus ( 2014) (forthcoming) [...]

The meaning of the word contractus changed, it is argued, from meaning a unilateral subjective act of taking on an obligation to meaning an objective bilateral act of consensus, in which two bilateral obligations were engaged. This change reflects a shift in methodological approach.


S Green, 'Chester v Afshar' in Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law ( 2014) (forthcoming)

C Costello, 'Child Citizens & De Facto Deportation: Tender Years, Fragile Ties & Security of Residence ' in Kieran Bradley, Anthony Whelan and Noel Travers (eds), Of Courts and Constitutions: Liber Amicorum in Honour of Nial Fennelly (Hart Publishing 2014)

R George, 'Children's Welfare in European Perspective' in J Scherpe (ed), Research Handbook on European Family Law (Edward Elgar 2014) (forthcoming)

J S Getzler, 'Citation and the authority of opinions in Roman and Jewish law: The snake oven revisited' in J Hallebeek, M Schermaier, R Fiori, E Metzger & J-P Coriat (eds), Inter cives necnon peregrinos: Essays in honour of Boudewijn Sirks ( 2014) [...]

An historical study, in honour of Boudewijn Sirks on his retirement, of canons of citation and authority of legal arguments,drawing from ancient Jewish traditions of religious jurisprudence adjacent to late imperial Roman law principles of juridical authority. It begins with the notorious Lex Citandi, the "Law of Citations", also known as the "lex de responsis prudentium", found in the Theodosian Code 1.4.3,later to be replaced by the Justinianic rules of equality of argument. The main part of the paper then looks closely at majoritarian principles in halakhah or Jewish law as preserved in the classical Mishnaic and Talmudic texts. The contrast between the Roman and Jewish systems raises the question whether legal decision-making, involving the sifting and weighing of authorities, is itself a morally important act, or merely a machinery administered by technical experts, of limited spiritual virtue. This is a different problem to the content question — whether the law that binds subjects has any necessary connection to the moral purposes that we pursue in our private and public lives. The ancient jurisprudence suggests a regard for the moral content of the adjudicative process itself.


ISBN: 13: 978-3847103028

M Bosworth, 'Citizenship and Belonging in a Women\'s Immigration Detention Centre' in C Phillips and C Webster (eds), New Directions in Race, Ethnicity and Crime (Routledge 2014) (forthcoming)

J Roberts, 'Clarifying the Role of Public Opinion in Sentencing Policy and Practice' in J. Ryberg and J.V. Roberts (eds), Popular Punishment: The Normative Significance of Public Opinion for Sentencing Theory and Practice (Oxford University Press 2014)

P S Davies, 'Complicity' in M Dyson (ed), Unravelling Tort and Crime (CUP 2014) (forthcoming)

L Gullifer, 'Compulsory Central Clearing of OTC Derivatives: The Changing Face of the Provision of Collateral ' in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives in Contract and Commercial Law (Hart Publishing 2014) (forthcoming) [...]

The EU Regulation introducing compulsory central clearing in Europe (‘EMIR’), takes an ambivalent attitude towards collateral. On one hand, it makes the provision of collateral to central counterparties (‘CCPs’) compulsory, in order to protect CCPs from credit risk if their counterparties default. On the other hand, it mandates particular collateral holding models, in order to protect counterparties from the risk of CCP insolvency, and to protect clients from the risk of their clearing broker’s insolvency. This paper critically examines the EMIR rules for the provision of collateral,as well as some of the market solutions to the new regime, analyses the legal position of each under English law and the resulting mix of risks and protections offered by each technique.


D Leczykiewicz, 'Conceptualising Conflict between the Economic and the Social in EU Law after Viking and Laval' in M Freedland and J Prassl (eds), Viking, Laval and Beyond (Hart Publishing Oxford 2014)

S Douglas-Scott, Constitutional Law of the European Union (2nd edition) (Pearson Longman 2014) (forthcoming)

J Payne, 'Corporate Attribution and the Lessons of Meridian' in P Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann: A Festschrift for Leonard H Hoffmann ( Hart Publishing 2014) (forthcoming)

J J W Herring, Criminal Law (6th Ed, Oxford University Press 2014)

P S Davies, 'Defences and third parties' in A Dyson, J Goudkamp, F Wilmot-Smith (eds), The Limits of Liability: Defences in Tort Law (Hart 2014) (forthcoming)

A Dyson, J Goudkamp and F Wilmot-Smith (eds), Defences in Tort (Hart Publishing 2014)

P Eleftheriadis, 'Democracy in the Eurozone' in WG Ringe & P Huber (eds), Legal Challenges Arising out of the Global Financial Crisis: Bail-outs, the Euro, and Regulation (Hart Publishing 2014) [...]

Abstract: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2265379

In December 2012 Four Presidents of the European Union (of the European Council, the Commission, the Central Bank and the Eurogroup) issued a paper outlining steps for a ‘genuine monetary union’ promising among others better democratic accountability for its institutions. This essay asks if an entity like the European Union - and the Eurozone within it - can indeed become democratic. I distinguish between two approaches to democracy, first as collective self-government or, second, as set of egalitarian institutions. The essay argues that the German Federal Constitutional Court supports the first theory and for that reason is very cautious of the idea of bringing democracy to the European Union. The collective view believes that without a single people, there cannot be self-government. The second theory accepts the primacy of domestic democracy but allows, by contrast, for international institutions of democratic accountability that support domestic democracy. I offer some arguments for this view and conclude that the four Presidents are not mistaken in endorsing the ambition of democratic accountability for the Eurozone. The European Union is a union of peoples. A union of this kind can become more democratic without seeking to become a democracy.


ISBN: 9781849464390

L Lazarus and Natasha Simonsen, 'Democratic Deliberation and Judicial Review' in Murray Hunt (ed), Parliament and Human Rights: Redressing the Democratic Deficit (Oxford University Press 2014) (forthcoming) [...]

This chapter argues provides a model which Courts could apply in their assessment of Parliamentary deliberation of rights limiting legislation. It argues for such a transparent assessment as a prerequisite of the exercise of judicial deference.


A Tzanakopoulos, 'Domestic Judicial Law-Making' in CM Brölmann and Y Radi (eds), Research Handbook on the Theory and Practice of International Law-Making (Edward Elgar 2014) (forthcoming) [...]

This contribution to the Research Handbook on the Theory and Practice of International Law-Making discusses the law-making potential of domestic courts. Given the seemingly strict 'dualist' approach of international law to domestic law and domestic court decisions ('merely facts'), the paper demonstrates the modest international law-developing function of domestic courts: it first details their methods in engaging international law, and then discusses the impact of such engagement. It concludes that domestic courts may, in terms of content, fine-tune rules of international law rather than set grand principles. In terms of process, this is done by 'suggesting' the fine-tuning, rather than in any way single-handedly developing international law.


P P Craig, 'Economic Governance and the Euro Crisis: Constitutional Architecture and Constitutional Implications' in M Adams, F Fabbrini and P Larouche (eds), The Constitutionalization of European Budgetary Constraints (Hart Publishing 2014)

G. Giacca, Economic, Social and Cultural Rights in Armed Conflict (Oxford University Press 2014) (forthcoming)

G. Giacca, 'Economic, Social and Cultural Rights in Occupied Territories' in A. Clapham, P. Gaeta and M. Sassòli (eds), The 1949 Geneva Conventions: A Commentary (Oxford University Press 2014) (forthcoming)

E. Riedel, G. Giacca and C. Golay (eds), Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges (Oxford University Press 2014) (forthcoming)

C Redgwell, Energy Law in Europe: National, EU and International Regulation (Martha Roggenkamp, Anita Rønne, Iñigo del Guayo, 3rd edn, Oxford University Press 2014) (forthcoming) [...]

A fully updated, comprehensive review of the most important legal developments in all parts of the energy chain in the European Energy sector since the last edition, with new treatment of Poland amongst the nine key energy-producing jurisdictions •Analyses in detail the national, regional (EU) and international dimensions of energy law and policy, with separate chapters on international law affecting the energy sector and environmental law, the Energy Charter Treaty and EU regulation of the energy sector •Examines both the legal framework for the exploration and production of oil and gas, the gas and electricity sector, and the consequences of EC liberalization for these sectors, the (national) legal issues regarding the nuclear sector and the legal instruments promoting energy savings, efficiency and renewables within the framework of the Kyoto protocol •Written by a team of specialist academics and practitioners offering in-depth coverage of energy law, trade and regulation at national and international levels New to this edition •New commercially focused chapter on standard agreements in European Energy Trade •New chapter on EU External Relations in the energy sector, which serves to highlight increased cooperation in the energy field with key actors such as Russia, and to locate EU energy developments within a wider Euro-Mediterranean context •To reflect the increased emphasis on transborder cooperation, the book will include new sections in each national chapter focusing on bilateral and plurilateral cooperation within the EU context, complementing the treatment in the EU external relations chapter •New national survey chapter on Energy Law in Poland The energy sector in Europe has changed rapidly over the last few years under the influence of trends towards globalization, liberalization, competition, de-monopolization, and strengthening of regulation in the field. The new edition of this book builds on the success of the first in providing an updated overview of these important developments at both international and European levels, covering the most important principles of international law of relevance to the energy sector. A chapter dedicated to comparison of legal developments across Europe addresses the increasingly important question of whether we are heading towards an international energy market. New chapters on European Union External Energy Relations and Standard Agreements in European Energy Trade highlight growing cooperation in the energy field with major producers such as Russia, and the standards for trading energy in an integrated geographical market, including analysis of the product markets, as well as the relevant legal instruments and master agreements. The book also focuses on the implementation of the significant Energy Directives, and the constitutional and regulatory framework in the key energy-producing jurisdictions in the EU: Denmark, France, Germany, Italy, the Netherlands, Norway, Poland, Spain and the United Kingdom. The national coverage emphasises trans-border collaboration by examining bilateral and multilateral cooperation within the context of the European Union. There is also updated analysis of developments in these countries in every energy sector, including oil, gas, nuclear energy, and in response to the Kyoto protocol, to renewables and emissions, with the extent of coverage determined by the resource base of each country. Readership: Practitioners and academics specializing in the energy sector (oil companies, utilities, government, law firms) in Europe and worldwide; international organisations; energy law students; reference libraries in the UK and worldwide.


C Redgwell and L. Rajamani, 'Energy Underground: What’s International Law Got To Do With It? ' in Donald N. Zillman, Aileen McHarg, Adrian Bradbrook and Lila Barrera-Hernandez (eds), (Oxford University Press 2014) [...]

This chapter examines the international law applicable to ‘energy underground’. It considers the extent to which existing treaty and customary law, as well as soft law, are adequate for the regulation of new subsurface energy activities. It shows that existing international law and institutions have largely addressed new subsurface activities involving new transformative technologies for using energy resources. However, there are heightened concerns regarding the environmental risks and social impacts of upstream unconventional hydrocarbon extraction activities, which are reflected in public opposition and in regulatory responses. Key international regulatory gaps also remain for some aspects of energy underground, most notably with respect to the current issues regarding; firstly, transboundary movement of carbon dioxide; secondly, the seemingly intractable inter-generational issue of the long-term storage of nuclear waste and liability; and, finally, the legal status and use of shared oil and gas reservoirs.


S Fredman, 'Engendering Social Welfare Rights' in Beth Goldblatt and Lucie Lamarche (eds), Women's Rights to Social Security and Social Protection (Hart Publishing 2014) [...]

While social welfare rights have traditionally been based on a male breadwinner model, more recent measures have seen women as the main vehicle for poverty alleviation and therefore the subject of social welfare rights. This chapter aims to create a framework of substantive gender equality which can be used specifically to engender social welfare rights, using Conditional Cash Transfer Programmes as an example of how this might work. A truly gendered perspective means that a welfare programme should address all four dimensions of a four dimensional framework of substantive equality. It must focus on alleviating gender-based disadvantage as well as poverty per se. It must address the specifically gendered stigmatic and prejudicial consequences for women. It must ensure the voices of the women are clearly heard and taken into account. Finally, it must ultimately address the structural causes of inequality rather than either requiring women to conform to the male norm, or cementing gender-based stereotypes of caring roles. At the same time, a gender perspective should not obscure the reality of poverty for both men and women. The answer is not to shift responsibility to women, but to universalise the burden through state provision of services. Real substantive equality is most likely to be achieved, not through making women bear the burden of breaking the inter-generational cycle of poverty, but through universal, free access to good quality state schools, health clinics and other essential services.


ISBN: 9781849466929

J Cartwright, 'Equity's Connivance in the Evasion of Formalities' in E. Koops and W.J. Zwalve (eds), Law & Equity: Approaches in Roman Law and Common Law ( 2014) [...]

Examination of the consequences of the failure to comply with formality requirements in property transactions in English law, and comparisons with Roman law.


ISBN: 978900426219-5

A Ezrachi, EU Competition Law - An Analytical Guide to the Leading Cases (Hart Publishing 2014) [...]

This is the fourth edition of the highly practical guide to the leading cases of European Competition Law. It explores the application of Article 101 TFEU, Article 102 TFEU and the European Merger Regulation, as well as the public and private enforcement of Competition Law. In addition, it reviews the intersection between Competition Law and Intellectual Property Rights and the application of Competition Law to State action. Each chapter outlines the relevant laws, regulations and guidelines for each topic. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. . . 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP, Former Senior Director, Office of Fair Trading . . 'The study of EU Competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fourth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions.' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick . . 'This book is especially valuable for competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission . . 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview on the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP


S Douglas-Scott, EU Human Rights Law (Elgar Publishing 2014) (forthcoming)

E Fisher, 'Exploring the Legal Architecture of Transparency' in P Ala'i and R Vaughn (eds), Research Handbook on Transparency (Edward Elgar 2014)

J J W Herring, Family Law: Law Express (5th Ed, Pearson 2014)

J S Getzler, 'Financial Crisis and the Decline of Fiduciary Law' in Charles Morris & David Vines (eds), Capital Failure: Rebuilding Trust in Financial Services (Oxford University Press 2014) [...]

This chapter identifies the cutting back of fiduciary obligations by courts and legislatures as a possible contributory cause of the financial crisis that erupted in 2008. It argues that a restoration of classical fiduciary duties of loyalty and care to clients can help improve the health of the financial system and mitigate the next crises. During the "Great Moderation" asset managers used a permissive legal environment to take high fees but, by the time that the crisis had come, had moved their clients’ wealth into assets which crashed in value, whilst insulating themselves from liability for poor judgment and care in making such investments. The law needs to provide a satisfactory response to such behaviour, addressing the problems of uncertainty, asymmetric information and expertise, and conflicts of interest. These necessary additional duties would create something very similar to the fiduciary law we already have, but which we no longer use. This chapter describes the attenuation of modern fiduciary law over the past forty years, and suggests how the power of this body of law may freshly be deployed in the future.


ISBN: 978-0-19-871222-0

H Collins, 'Flipping Wreck: Lex Mercatoria on the Shoals of Ius Cogens' in S. Grundmann, F. Moeslein, K. Riesenhuber (eds), Contract Governance - Dimensions in Law and Interdisciplinary Research (Oxford University Press 2014) (forthcoming)

J Cartwright, Formation and Variation of Contracts (Sweet & Maxwell 2014) [...]

Book discussing in detail the law on pre-contractual negotiations and the formation of the agreement, contractual formalities, and the doctrines of consideration and promissory estoppel as they apply in both the formation of a contract and the variation of an existing contract.


ISBN: 9781847038029

S Douglas-Scott, 'Fundamental Rights and the EU Financial Crisis' in Douglas-Scott and Hatzis (eds), Research Handbook on EU Human Rights Law (Edward Elgar 2014) (forthcoming)

S Douglas-Scott, 'Fundamental Rights in the EU' in Schutze and Tridimas (eds), Oxford Principles of European Union Law - Volume I: The European Union Legal Order (Oxford University Press 2014) (forthcoming)

J Payne, 'Gatekeepers' in N Moloney, E Ferran, J Payne (eds), The Oxford Handbook of Financial Regulation (OUP 2014) (forthcoming)

DD Sokol , A Ezrachi and D Crane (Editors), Global Antitrust and Compliance Handbook (OUP 2014) [...]

The proliferation of antitrust enforcement regimes around the world has transformed the enforcement landscape in recent decades. This trend has led to increased focus on the competitiveness of markets and the curtailment of anticompetitive activities, to the benefit of consumers. It has also led to increased bilateral, regional and multinational cooperation resulting in a gradual process of assimilation of thought and law. However, while record numbers of competition agencies progressively apply similar principles and law, competition law enforcement remains domestic in nature. Indeed, a look at the active jurisdictions reveals a range of substantive and procedural approaches. Differences in the competition agencies mandate, priorities and enforcement powers, as well as different political, social and legal environments are only several of the variants which underscore the heterogeneous enforcement landscape. This reality presents challenges for companies and undertakings operating across borders. With increased globalization of business and increased extraterritorial application of competition laws, it is often the case that an activity, agreement or transaction will be subjected to a range of overlapping competition regimes. Subsequently, the task of managing the legal and financial risks associated with competition law infringements requires a careful exploration of the law and practices around the world. This multi-jurisdictional compliance guide addresses this complexity and offers a comprehensive and detailed multi-country review of critical antitrust compliance issues. The book outlines the laws and practice in forty three of the leading antitrust jurisdictions around the world. With compliance requirements in mind, this book provides businessmen, law firms and in-house lawyers with the necessary information to explore the changing global antitrust landscape. This book is a resource for those responsible for competition and corporate compliance programs and for those interested in the international enforcement landscape of competition law. It assists in tailoring global compliance programs while considering multijurisdictional effects and policies. In addition, it provides a clear and accessible benchmark for the consideration of agreements, activities and transactions on a case by case basis. Contributions to this book have been authored by leading competition law practitioners from their respective jurisdictions. Chapters in this guide enable assessment of personal and corporate risk exposure. The reader will find information on each regime’s laws and practice. Areas covered include enforcement procedure and substance. These include, among others, the enforcement environment and enforcement priorities, leniency programs, penalties, fines and individual sanctions. In addition chapters outline the laws applicable to horizontal and vertical agreements, market power and the abuse of a dominant position and merger control.


M R Macnair, 'Good Faith in English Contract Law before 1850' in Jan Hallebeek, Martin Schermaier, Roberto Fiori, Ernest Metzger, Jean-Pierre Coriat (eds), Inter cives necnon Peregrinos: essays in honour of Boudewijn Sirks (V&R unipress 2014) [...]

This chapter studies judicial references to a general duty of good faith in contracting between c. 1740 and c. 1850; the extent to which these could be conceived as a "legal irritant" (Teubner) or foreign importation, i.e. their antecedents in medieval and early modern English law, and the extent to which these could be considered as parallel with the Roman law system of contracts actionable by actions stricti iuris and bonae fidei; and, more tentatively, the decline in the mid 19th century of references to a general duty of good faith in contracting, leaving 'islands' behind, and its accompaniment, the expansion of 'caveat emptor' from a rule mainly about priorities in purchase with notice of defective title, to a general principle (and the mitigation by later 19th century statutes of uncertainties caused by the new general 'caveat emptor' principle).


ISBN: 978-3-8471-0302-8

NJ McBride and A Steel, Great Debates in Jurisprudence (Palgrave 2014)

I Goold and J Herring, Great Debates in Medical Law and Ethics (Palgrave MacMillan 2014)

J J W Herring and Imogen Goold, Great Debates: Medical Law and Ethics (Palgrave 2014)

I Goold and Muireann Quigley, 'Human Biomaterials: The Case for a Property Approach' in Imogen Goold, Jonathan Herring, Loane Skene, and Kate Greasley (eds), Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century? (Hart Publishing 2014)

S Douglas-Scott, 'Human Rights in the EU' in Dennis Patterson (ed), Blackwell Companion for EU law and International Law (Oxford: Blackwell 2014) (forthcoming)

Nicholas Bamforth and Laura Hoyano, Human Rights Law and Principles in the United Kingdom (OUP 2014) (forthcoming) [...]

This Textbook, designed for postgraduates andsenior undergraduates, will provide an accessible but intellectually rigorous text book which addresses how human rights issues are configured and adjudicated in the specific British context, exploring the multiple dimensions of the European Convention on Human Rights, the European Union, international law, and national legislation and common law, and an introduction to human rights theory , integrating this into the legal analysis.


M Bosworth, 'Immigration Detention' in S Pickering (ed), Routledge Handbook on Crime and Migration ( 2014) (forthcoming)

M Bosworth, Inside Immigration Detention: Foreigners in a Carceral Age (Oxford University Press 2014) (forthcoming)

C Redgwell, 'International Environmental Law' in M. Evans (ed), International Law (Oxford University Press 2014) [...]

Evans' International Law provides wide-ranging analysis of all the key issues and themes in public international law and brings together an outstanding collection of interesting and diverse writings from the leading scholars in the field. The fourth edition succeeds both in explaining the principles of international law and exposing the debates and challenges that underlie it. Now fully revised and updated, it continues to provide an authoritative and stimulating overview of this increasingly important subject; revealing international law in its full diversity.


D Akande, 'International Organizations' in Evans (ed), International Law (Oxford University Press 2014) [...]

This chapter examines the legal framework governing international organizations. It begins with an examination of the history, role and nature of international organizations. It is argued in the chapter that although the constituent instruments and practices of each organization differ, there are common legal principles which apply to international organizations. The chapter focuses on the identification and exploration of those common legal principles. There is an examination of the manner in which international organizations acquire legal personality in international and domestic law and the consequences of that legal personality. There is also discussion of the manner in which treaties establishing international organizations are interpreted and how this differs from ordinary treaty interpretation. The legal and decision-making competences of international organizations are considered as are the responsibility of international organizations and their privileges and immunities. Finally, the chapter examines the structure and powers of what is probably the leading international organization—the United Nations (UN).


ISBN: 978-0-19-965467-3

E Descheemaeker, 'Introduction' in E Descheemaeker (ed), Peter Birks, The Roman Law of Obligations (OUP 2014) [...]

This is the introductory chapter to the posthumous edition of Peter Birks’ Roman Law of Obligations (OUP 2014). The book comprises a complete set of lectures notes on the topic, which were delivered in Edinburgh in 1982 and found in the author’s archives after his death. The introductory chapter presents the lectures, their substance and significance, the work carried out by the editor, and also the wider Peter Birks Papers Series, of which this volume is the first.


S J Douglas, 'Is Possession Factual or Legal?' in E Descheemaeker (ed), The Consequences of Possession (Edinburgh University Press 2014)

S Douglas-Scott, 'Justice and Injustice in the EU' in de Burca, Kochenov, Williams (eds), Europe's Justice Deficit (Hart Publishing 2014) (forthcoming)

F Pirie, 'Justice, community, and law: elusive concepts in Tibet' in Fernanda Pirie and Judith Scheele (eds), Leglism: Justice and Community (OUP 2014)

A Tzanakopoulos, 'L'intervention du Conseil de sécurité dans les conflits internes' in C Bannelier and C Pison (eds), Le recours à la force autorisé par le Conseil de sécurité: droit et responsabilité (Pedone 2014) [...]

Abstract: This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.

This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.


ISBN: 978-2-233-00706-3

J J W Herring, 'Law and policy concerning older people' in John Eekelaar and Rob George (eds), Routledge Handbook of Family Law and Policy (Routledge 2014)

J S Getzler, 'Law and Self-Interest' in Maksymilian Del Mar and Michael Lobban (eds), Legal Theory and Legal History: A Neglected Dialogue ( 2014) (forthcoming)

WG Ringe and PM Huber, Legal Challenges in the Global Financial Crisis: Bail-outs, the Euro and Regulation (Hart Publishing, Oxford 2014) [...]

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions. The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.


J J W Herring, Legal Ethics (Oxford University Press 2014) [...]

A textbook on professional ethics for lawyers.


A Higgins, Legal professional privilege for corporations (OUP 2014)

M Köpcke Tinturé, Legal Validity ( 2014) (forthcoming)

M Köpcke Tinturé, 'Legal Validity: Law's Craftsmanship of Rights' in Gregoire Webber, Paul Yowell (eds), Legislated Rights ( 2014) (forthcoming)

F Pirie and J. Scheele (eds), Legalism: Justice and Community (Oxford: University Press. 2014) (forthcoming)

R Ekins, 'Legislating Proportionately' in G Huscroft, B Miller and G Webber (eds), Proportionality and the Rule of Law: Rights, Justification, Reasoning ( 2014) (forthcoming)

J Dill, Legitimate Targets? Social Construction, International Law and US Bombing Cambridge Studies in International Relations, Cambridge: Cambridge University Press, forthcoming in October 2014 ( 2014)

J J W Herring, 'Making family law less sexy...and more careful' in R. Leckey (ed), After Legal Equality (Routledge 2014)

J J W Herring, Medical Law and Ethics (5th Ed , Oxford University Press 2014)

J J W Herring, Medical Law: Law Express (4th edn, Pearson 2014)

Charlotte Cook, Hamish Anderson and L Gullifer, 'National Report for England' in Treatment of Contracts in Insolvency (Oxford University Press 2014) (forthcoming)

G S Goodwin-Gill, 'Non-Refoulement, Temporary Refuge, and the “New” Asylum Seekers' in David J. Cantor & Jean-François Durieux (eds), Refuge from Inhumanity? War Refugees and International Humanitarian Law (Leiden: Brill Nijhoff 2014)

S Green, 'OBG v Allan' in S Douglas, R Hickey and E Waring (eds), Landmark Cases in Property Law ( 2014) (forthcoming)

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Railway Rolling Stock, 2nd Edition (International Institute for the Unification of Private Law 2014) [...]

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the 2007 Luxembourg Protocol on railway rolling stock. Written and published pursuant to a resolution of a Diplomatic Conference held in Luxembourg in February 2007. Revised and expanded in 2014


ISBN: 88-86449-29-8

S-I Lekkas and A Tzanakopoulos, 'Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties' in CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) [...]

DOI: 10.4337/9780857934789.00020

This paper explores the presumptive tension between the pacta sunt servanda rule (the rule that commitments ought to be honoured) and the possibility for unilateral or consensual suspension or termination of treaties. It argues that the pacta sunt servanda rule seems able to accommodate the various methods of suspension or termination: under the general international law of treaties, termination or suspension is not actually unilateral; only the invocation of relevant grounds is. Further, both grounds for suspension or termination, as well as defences under the law of responsibility (which achieve results similar to suspension) are narrow and thus hard to invoke successfully. Finally, the law allows states to devise their own exit clauses in treaties. This leads to very broad exit clauses allowing for unilateral termination or withdrawal. This however being part of the pactum, it does not formally put pressure on the pacta sunt servanda rule.


ISBN: 978 0 85793 477 2

J Pila, 'Patent Eligibility and Scope Revisited in the Light of Schütz v. Werit, European Law and Copyright Jurisprudence' in R.C. Dreyfuss & J.C. Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (Cambridge University Press 2014)

I Goold and others (eds), Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century? (Hart Publishing 2014)

E Hudson, 'Phillips v Mulcaire: A Property Paradox?' in Simon Douglas, Robin Hickey and Emma Waring (eds), Landmark Cases in Property Law (Hart Publishing 2014) (forthcoming)

L Gullifer, 'Piecemeal reform: is it the answer?' in Frederique Dahan (ed), Secured Lending in Commercial Transactions (Elgar Publishing 2014) (forthcoming)

B Bradford, J Jackson and M Hough, 'Police legitimacy in action: lessons for theory and practice' in M Reisig and R Kane (eds), Oxford handbook of police and policing (Oxford University Press 2014) (forthcoming)

J. Ryberg and J Roberts, 'Popular Punishment: The Normative Significance of Public Opinion for Sentencing Theory and Practice' in J. Ryberg and J.V. Roberts (eds), Popular Punishment (Oxford University Press 2014)

A Tzanakopoulos, 'Préambule' in R Kolb (ed), Le Pacte de la Société des Nations : Commentaire article par article (Pedone 2014) (forthcoming) [...]

Abstract: Commentary of the Preamble of the League of Nations Covenant in French.

J Edwards and AP Simester, 'Prevention with a Moral Voice' in AP Simester, A du Bois-Pedain, U Neumann (eds), Liberal Criminal Theory: Essays for Andreas von Hirsch (Hart 2014)

Andrew Ashworth and L Zedner, Preventive Justice ( 2014)

G. Giacca and A. Bellal, 'Principle 25 on Peace, Development and Environmental Protection' in Jorge E. Viñuales (ed), The Rio Declaration on Environment and Development: A Commentary (Oxford University Press 2014) (forthcoming)

TAO Endicott, 'Proportionality and Incommensurability' in Grant Huscroft, Bradley W. Miller, Gregoire Webber (eds), Proportionality and the Rule of Law (Cambridge University Press 2014) [...]

Proportionality doctrines in human rights adjudication require the judges to ‘balance’ interests that cannot actually be weighed against each other in any sort of scales. If judges are purporting to balance things that cannot actually be balanced, it may seem that the doctrines mean a departure from the rule of law, in favour of arbitrary rule by judges. I will argue that the resolution of incommensurabilities is not in itself a departure from the rule of law; the rule of law demands a system in which judges are often responsible for reconciling incommensurable interests. But some theorists have seen a potential in proportionality for rationality, transparency, objectivity, and legitimacy, which the doctrine cannot actually deliver. And proportionality reasoning involves pathologies, by which I mean structured tendencies toward misconceived decisions. I comment on some of these dangers, to illustrate the claim that they all depend on particular mistakes, and do not arise automatically from the judges’ role in resolving conflicts among incommensurable interests.


ISBN: 9781107064072

A L Young, 'Proportionality is Dead: Long Live Proportionality!' in G Huscroft, B Miller and G Webber (eds), Proportionality and the Rule of Law: Rights, Justification and Reasoning (Cambridge University Press 2014)

L Lazarus, Chris McCrudden and Nigel Bowles (eds), Reasoning Rights: Comparative Judicial Engagement (Hart Publishing 2014) (forthcoming) [...]

This collection examines judicial engagement with human rights from a comparative perspective. It is divided into four sections: proportionality, security and human rights, religion and human rights and socio-economic rights.


J J W Herring, Relational Autonomy and Family Law (Springer 2014)

J J W Herring, 'Relational autonomy and family law' in Anne Röthel (ed), Verträge in der Unternehmerfamilie (Mohr Siebeck 2014)

R George, Relocation Disputes: Law and Practice in England and New Zealand (Hart Publishing 2014) [...]

Relocation cases are disputes between separated parents which arise when one parent proposes to move to a new geographic location with their child and the other parent objects to the proposal. Relocation disputes are widely recognised as being amongst the most difficult cases facing family courts, and the law governing them is increasingly a cause for debate at both national and international levels. In Relocation Disputes: Law and Practice in England and New Zealand, Rob George looks at the different ways in which the legal systems of England and New Zealand currently deal with relocation cases. Drawing on case law, literature and the views of legal practitioners in the two jurisdictions, Relocation Disputes represents a major contribution to our understanding of the everyday practice of relocation cases. The empirical data reported in this book reveal the practical differences between the English and New Zealand approaches to relocation, along with a detailed analysis of the pros and cons of each system as seen by judges, lawyers and court experts who deal with these cases in practice. This analysis leads to detailed criticisms and lessons that can be learnt, together with practical suggestions about possible reforms of relocation law.


ISBN: 9781849464666

D Sarooshi, Remedies and Responsibility for the Actions of International Organizations (D Sarooshi, Martinus Nijhoff, Hague Academy of International Law Imprint 2014)

S Douglas-Scott and N Hatzis (eds), Research Handbook on EU Human Rights Law (Edward Elgar 2014) (forthcoming)

D Gangjee, Research Handbook on Intellectual Property and Geographical Indications (Edward Elgar, Cheltenham 2014) (forthcoming)

CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) [...]

DOI: 10.4337/9780857934789

The Research Handbook on the Law of Treaties is a collection of essays on fundamental issues in international treaty law. The Research Handbook´s main objective is to identify key challenges facing the modern law of treaties and to assess future directions that the law will take. The main themes of the Handbook revolve around the spatial, personal and temporal dimensions of treaties, the tensions that arise due to the need for flexibility in treaty relations, the interaction between treaty regimes and the potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work may prove fruitful.


ISBN: 9780857934772

I Goold and Hannah Maslen, 'Responsibility enhancement and the law' in Jens Clausen, Neil Levy (eds), Handbook of Neuroethics (Springer 2014) [...]

Much of the law is concerned with ascribing responsibility. The law of negligence looks for the person who acted without due care, and places on them the responsibility for the outcome. The criminal law responds punitively to those who break its rules, but the accused can avoid being held wholly or partially responsible if she can point to evidence that showed she lacked the capacity to be in charge of her actions. Contract law is based around competent individuals voluntarily taking on obligations to one another, and holds them responsible if they fail in them. Responsibility is demonstrably a key concept in the law of England, and therefore we should be particularly interested in technology that can affect an individual’s capacity to be responsible. In this chapter, we look at one particular area of English law in which new drugs are potentially changing our capacities, and hence (arguably) our responsibilities: cognitive enhancers.


D Sarooshi, 'Responsibility, Immunities, and Remedies for the Acts of International Organizations' in D. Sarooshi (ed), Responsibility, Immunities, and Remedies for the Acts of International Organizations (Martinus Nijhoff, Hague Academy of International Law Imprint 2014) (forthcoming)

S Douglas-Scott, 'Rethinking Justice for the EU' in Maduro, Tuori , Walker (eds), Rethinking EU law (Cambridge University Press 2014)

J Payne, Schemes of Arrangement: Theory, Structure and Operation (Cambridge University Press 2014) (forthcoming) [...]

Schemes of arrangement are an important and flexible mechanism, which can be used to reorganise a company’s capital. Schemes have undergone something of a renaissance over the last decade or so, particularly as a debt restructuring device in the aftermath of the global financial crisis when companies and their advisors have needed to develop effective tools for dealing with financial distress. Schemes have also become the mechanism of choice for recommended takeovers. This book examines the uses of both member and creditor schemes, and their advantages and disadvantages compared to the alternatives that are available, in order to understand their current popularity. This includes an analysis of cross-border schemes, which have become very common in recent years. This book performs a critical, contextual and comparative analysis of schemes and their uses, and puts forward reform proposals that are designed to ensure that schemes continue to develop as an indispensable tool for companies for the future.


S Vogenauer, 'Schlüsselwörter in englischen Savigny-Übersetzungen' in J Rückert (ed), Savigny international? (Vittorio Klostermann 2014) [...]

ca 80 pp. The article analyses key words and passages in the English translations of three main works of the influential German jurist Friedrich Carl von Savigny: The History of Roman Law During the Middle Ages (vol I, 1829), Of the Vocation of Our Age for Legislation and Jurisprudence (1831), and System of the Modern Roman Law (vol I, 1867).


J Vidmar, 'Scotland’s Independence Referendum, Citizenship and Residence Rights: Identifying “the People” and Some Implications of Kurić v Slovenia' in R Ziegler, J Shaw and R Bauböck (eds), Independence Referendums: Who Should Vote and Who Should be Offered Citizenship? (EUI Working Paper 2014/90 2014)

I Loader, 'Security, Anti-Security, Positive Security' in M Schuilenburg, R van Steden and B Oude Breuil (eds), Positive Criminology: Reflections on Care, Belonging and Security (The Hague: Eleven Publishers 2014)

J Roberts and Plesnicar, M, 'Sentencing, Penal Legitimacy and the Public' in G. Meszko and J. Tankebe (eds), Legitimacy and Criminal Justice in Europe (Springer 2014)

P Pichonnaz and L Gullifer, set-off in arbitration and commercial transactions (Oxford University Press 2014) (forthcoming)

Professor David Ormerod QC and K Laird, Smith and Hogan’s Text, Cases and Materials on Criminal Law (11th edn, 2014)

D Gangjee, 'Spanish Champagne: An Unfair Competition Approach to GI Protection' in R.C. Dreyfuss & J. C. Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (CUP, Cambridge 2014) (forthcoming)

H Collins, 'The (In)compatibility of Human Rights and Private Law ' in Hans-W. Micklitz (ed), Constitutionalization of European Private Law (Oxford University Press 2014)

A. Clapham, S. Casey-Maslen, G. Giacca and S. Parker, The Arms Trade Treaty: A Commentary (Oxford University Press 2014) (forthcoming)

E Descheemaeker (ed), The Consequences of Possession (Edinburgh University Press 2014) [...]

The comparative law of property is a budding, but still extremely underdeveloped, field of study; yet its importance is self-evident in an age of Europeanisation of law and legal scholarship. Bringing together contributions of scholars from the civilian tradition (France, Germany, Italy), the common-law world (England) and mixed legal systems (Quebec, Scotland, South Africa), The Consequences of Possession examines from a historical and comparative perspective the consequences which the law derives from the recognition of a possessory relationship between a person and a thing. Excluding rights which require more than possession to be triggered (such as prescriptive acquisition or transfer of title by delivery), it focuses on the protection of possession across the divide between the two great western legal traditions.


ISBN: 9780748693641

E Descheemaeker, 'The Consequences of Possession' in E Descheemaeker (ed), The Consequences of Possession (EUP 2014) [...]

This article is the introductory chapter of Eric Descheemaeker (ed.), The Consequences of Possession (Edinburgh: Edinburgh University Press, 2014), a book which comprises the papers that were presented at a namesake conference at Old College, University of Edinburgh, in 2012 by the following scholars: Craig Anderson (Robert Gordon), Raffaele Caterina (Turin), Simon Douglas (Oxford), Yaëll Emerich (McGill), Robin Hickey (Durham), Duard Kleyn (Pretoria), Lena Kunz (Heidelberg) and Thomas Rüfner (Trier). The subject-matter of the book is the consequences of possession, examined from a comparative and historical perspective. Leaving aside the question on what possession is, a question that has caused a considerable amount of ink to be spilled for centuries (at least in the civilian tradition), it concerns itself with the law’s response to the recognition of a factual situation as amounting to ‘possession’ (or an equivalent concept like ‘possessio’, ‘possession’ or ‘Besitz’). It is be the first attempt to look in a coherent fashion at the topic of possession in a comparative and historical perspective, bringing together scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa). This introductory chapter examines four questions: 1) Why protect possession?; 2) How is possession protected?; 3) How does the fact of possession relate to any rights to or of possession?; 4) What is so-called “quasi-possession”? One theme that is highlighted throughout the chapter is that the distance between the two great western legal traditions in this field might not be as great as is commonly believed, English law and modern civilian systems having both emerged at the crossroads of Roman law, canon law and feudalism. In this, the two of them belong to a pan-European current of concepts and doctrines which has shaped the modern law in all the jurisdictions examined, if in markedly different ways.


S Pickering, M Bosworth and KF Aas, 'The Criminology of Mobility' in S Pickering (ed), Routledge Handbook on Crime and Migration (Routledge 2014) (forthcoming)

Roger Hood and C Hoyle, The Death Penalty: A Worldwide Perspective (5th edn, Oxford University Press 2014)

E. Riedel, G. Giacca and C. Golay, 'The Development of Economic, Social and Cultural Rights in International Law' in G. Giacca, E. Riedel and C. Golay (eds), Economic, Social, and Cultural Rights Contemporary Issues and Challenges ( 2014) (forthcoming)

Violeta Moreno-Lax and C Costello, 'The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model' in Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights - A Commentary (Hart Publishing 2014)

G. Giacca and T. Karimova, 'The Implications of Economic and Social Rights for Arms Acquisitions' in S. Casey-Maslen (ed), Weapons under International Human Rights (Cambridge University Press 2014)

J Vidmar, 'The International Community Interest within a State-Centric Legal System' in W Benedek, K de Feyter, M Kettemann, C Voigt (eds), The Common Interest in International Law (Intersentia 2014) (forthcoming)

G S Goodwin-Gill, 'The International Law of Refugee Protection' in Elena Fiddian-Qasmiyeh, Gil Loescher, Katy Long & Nando Sigona (eds), The Oxford Handbook of Refugee and Forced Migration Studies (Oxford: Oxford University Press 2014)

Charles Foster, J J W Herring and Issi Doran, The Law and Ethics of Dementia (Hart 2014)

I Goold, 'The Legal Aspects of Cognitive Enhancement ' in Ruud ter Meulen, Ahmed D Mohamed, and Wayne Hall (eds), Rethinking Cognitive Enhancement: A Critical Appraisal of the Neuroscience and Ethics of Cognitive Enhancement (OUP 2014) (forthcoming)

D Sarooshi, 'The Legal Capacity and Powers of International Organizations’ ' in Ian Hurd, Ian Johnstone, and Jacob Katz Cogan (eds), The Oxford Handbook of International Organizations (Oxford University Press 2014) (forthcoming)

A Dyson, Wilmot-Smith and Goudkamp (eds), The Limits of Liability: Defences in Tort Law (Hart Publishing 2014) (forthcoming)

G. Giacca, 'The Obligation to Respect, Protect, Collect and Care for ' in A. Clapham, P. Gaeta and M. Sassòli (eds), The 1949 Geneva Conventions: A Commentary (Oxford University Press 2014) (forthcoming)

J Payne, Niamh Moloney and Eilis Ferran (eds), The Oxford Handbook of Financial Regulation (Oxford University Press 2014) (forthcoming)

S Green and M Dyson, 'The Properties of the Law' in M Dyson (ed), Unravelling Tort and Crime ( 2014) (forthcoming)

G. Giacca, 'The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law' in G. Giacca, E. Riedel and C. Golay (eds), Economic, Social, and Cultural Rights Contemporary Issues and Challenges (Oxford University Press 2014) (forthcoming)

L Lazarus, 'The Right to Security' in Rowan Cruft, Matthew Liao and Massimo Renzo (eds), The Philosophical Foundations of Human Rights (Oxford University Press 2014) (forthcoming) [...]

This paper surveys and critiques the philosophical theories that engage with and support a moral right to security.


E Descheemaeker (ed), The Roman Law of Obligations, by Peter Birks (Oxford University Press 2014) [...]

This volume, the first in the Peter Birks Papers series, contains the author’s notes on a series of lectures on the Roman law of obligations which were delivered in Edinburgh in 1982. Their posthumous publication gives, for the first time, a comprehensive insight into Birks’ views on the topic, which are relevant not only in a Roman context but also from a modern English perspective.


ISBN: 9780198719274

J Eekelaar and R George (eds), The Routledge Handbook of Family Law and Policy (Routledge 2014) (forthcoming) [...]

Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including: - the role of the state in supporting families and protecting the vulnerable - children’s rights and parental authority - sexual orientation and gender in family law - the status of marriage and other forms of adult relationships - divorce and separation and their consequences - the relationship between civil law and the law of minority groups - assisted conception - movement of family members between jurisdictions This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.


A Tzanakopoulos, 'The Solange Argument as a Justification for Disobeying the Security Council in the Kadi Judgments' in M Avbelj, F Fontanelli and G Martinico (eds), Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment (Routledge 2014) [...]

The Kadi judgments of the courts of the EU have received enormous scholarly attention and have had significant practical impact. And reasonably so: they are landmark decisions, with numerous implications for several crucial issues, from the relationship between different legal orders to the primacy of Security Council decisions, from the required level of protection of fundamental human rights in the application of coercive measures against individuals to the competence of the EU, and so forth. This brief study focuses on one particular aspect of the Kadi decisions: their employment of the Solange argument as a justification for disobeying the Security Council by not implementing its binding decisions.


ISBN: 978-0-415-64031-2

B Havelkova, 'The three stages of gender in law' in Hana Havelkova, Libora Oates-Indruchova (eds), The Politics of Gender Culture under State Socialism: An Expropriated Voice (Routledge 2014) [...]

Much has been written about gender in Czechoslovak state-socialist society, culture and policies, but relatively little on gender in law. The chapter offers one such analysis – it looks at how gender was regulated in law and understood and constructed by the legal community. It examines legislation, judgments, explanatory memoranda to bills, and academic legal scholarship. For reasons of space, only what was identified as comprising the ‘woman question’ by the state is assessed; namely, family (understood exclusively heteronormatively) and paid work. This results in two limitations. First, the official silence surrounding issues ignored by state policy, such as gender-based violence or LGBT rights, is not remedied in this chapter. Second, beyond areas obviously affecting women or gender relations, law is androcentric and many seemingly neutral legal institutions, such as for example self-defence in criminal law or the law of property, contain a strong male or patriarchal bias. An analysis of how this bias changed in a ‘classless’ society would be an interesting and important endeavour, but it goes beyond the scope of this chapter. The chapter offers a diachronic analysis of state-socialist Czechoslovakia, and argues that the period of state socialism (1948-1989) was not homogeneous, but that the original equalizing zeal of the Stalinist period of the 1950s started to be challenged during the political thaw of the 1960s and became hollowed during the normalization of the 1970s and 1980s. There have been three different stages of gender equality: 1) Equalization (1948–1962); 2) Reflection (1963–1968); and 3) The era of the family (1969–1989). The existing social science literature usually discerns two periods: 1) an emancipatory, equalizing, revolutionary and activist stage of the late 1940s and 1950s; and 2) a family-oriented, conservative and stability-centred one in the 1970s and 1980s. I argue that, based on my analysis of the legal developments and legal policy debate, the period of political thaw in the 1960s needs to be assessed separately. The emergent pluralism of this time brought challenges from women (organized and individual) of the official narratives of ‘equality achieved’ but it also brought challenges from experts to the concept and policy of equality of the sexes and opened debates about the policy’s economic (in)efficiency. The period of 1960s must thus be assessed more critically from the gender perspective than it so far has been from the point of view of general political history. My observations of a regression in the modernization of women’s status and equality during the state-socialist period, as well as the problematic pluralism of the 1960s, both allow for a more nuanced analysis of the continuities and discontinuities between state socialism and post-1989 transition. The legal framework inherited in transition came from the so-called normalization (1969-1989) – it actively supported and entrenched difference between the sexes, especially in the family. A woman was no longer the worker and active citizen of the 1950s, she was the wife who cared for her marriage and the mother who cared for her family. When claiming, in the 1990s, that gender equality needed no further attention as it had been addressed and achieved under state socialism, Czechs did not realize that what was in fact inherited was pro-family and pro-motherhood, but not necessarily pro-gender-equality policies. At the same time, what became the scarecrow in the 1990s was the earlier model of equality, exemplified by a female tractor driver of the 1950s. The transition-period rhetoric against ‘state feminism’ and forcible equality of the sexes thus distanced itself from policies that had not been current for about three decades. The 1960s also played a particular role in transition. The period of political thawing and pluralism prepared the ground for the liberalism of transition. The challenges to the efficiency of women’s work, full equality and collective childcare as well as the narrative of freedom and choice which became prominent in transition, were in some cases a reoccurrence, in some cases a continuation, of the debates which led to the Prague Spring of 1968.


ISBN: 978-0-415-72083-0

D Awrey and David Kershaw, 'Toward a More Ethical Culture in Finance: Governance and Regulatory Strategies' in Nicholas Morris and David Vines (eds), Capital Failure: Rebuilding Trust in Financial Services (Oxford University Press 2014) [...]

http://ukcatalogue.oup.com/product/9780198712220.do


G Dinwoodie and Mark Janis (eds), Trademark and Unfair Competition Law: Doctrinal Debates (Edward Elgar Publishing 2014)

G Dinwoodie and Mark Janis (eds), Trademark and Unfair Competition Law: Themes and Theories (Edward Elgar Publishing 2014)

G Dinwoodie and Mark Janis, Trademarks and Unfair Competition: Law and Policy (4th edition, Aspen Law Publishing 2014)

E Descheemaeker, 'Truth and Truthfulness in the Law of Defamation' in Lionel Smith (ed), Les apparences en droit civil ( 2014) (forthcoming) [...]

This paper provides a comparative overview of two related, but analytically distinct, issues in the law of defamation. The first is whether the true character of a defamatory statement relieves the defendant from liability. On this issue, the civilian and common-law traditions have historically settled on two markedly different stances, the latter accepting the sufficiency of truth simpliciter while the former never did. Some of the reasons for this distinction are explored. Different is the issue of truthfulness, in the sense of belief in truth. Does it, and should it matter, that a defendant believed that what they said was true albeit (prima facie) defamatory? Should we distinguish on the basis of the ‘quality’ of the belief? This paper argues that reasonable truthfulness ought to be recognised as a defence in the law of defamation. De lege lata, the law has never come up with such a general principle, but observation suggests that it has in fact been beating about the bush for a long time, using other analytical tools. Besides, a number of recent developments internationally can be understood as attempts to get closer to the above position.


CJ Tams and A Tzanakopoulos, 'Use of Force' in J d'Apremont, J Kammerhofer (eds), International Legal Positivism in a Postmodern World (Cambridge University Press 2014) [...]

The paper assesses the legal regime governing recourse to force from the perspective of 'contemporary positivism'. It provides a basic introduction to positivist international law and its critique and charts how positivism, faced with decades of anti-positivist critique, has adjusted itself. More specifically, it analyses how in response to criticism, positivism has embraced a more 'liberal' approach to the identification of sources. Applying these findings to the specific problem of military force, the paper outlines the main challenges facing a positivist understanding of the jus ad bellum. These are (i) the loss of predictability of the legal rules (''anything goes"), which is a consequence of the liberalisation of sources; and (ii) the attraction, even among positivist scholars, to invoke "quasi-legal" arguments based on legitimacy, morals or political necessity.


ISBN: 9781107019263

M Köpcke Tinturé, 'Validez' in Jorge Fabra, Alvaro Nunez (eds), Manual de Filosofía del Derecho y Jurisprudencia (UNAM, Mexico 2014) (forthcoming)

E Peel and J Goudkamp, Winfield & Jolowicz on Tort (Sweet & Maxwell 2014)

W E Peel and J. Goudkamp, Winfield & Jolowicz on Tort (Sweey & Maxwell 2014)

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