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Recent (2014–15) and Forthcoming Books

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J Goudkamp, 'A Long, Hard Look at Gray v Thames Trains Ltd' in P Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing 2015) [...]

This chapter addresses the landmark decision in Gray v Thames Trains Ltd. Although it was decided in the twilight years of the House of Lords, it was the first occasion on which the House had considered at any length the doctrine of illegality in the tort setting. The precise scope of the rules laid down in Gray is somewhat uncertain, but it is clear that they are the starting point for thinking about how the doctrine applies in negligence cases. Considering the growing significance of the doctrine in this area, Gray is, therefore, an important case. The goal of this chapter is to explore it generally, focusing on Lord Hoffman’s speech, which is the principal opinion. It takes account of how Gray has been understood by subsequent decisions. It will be argued that the Gray, owing to Lord Hoffmann’s speech, brought about a significant improvement in the law (for which there was much scope). However, it will also be contended that the reasons given by Lord Hoffmann for embracing the rules that he laid down are suspect in certain respects, and that there are grounds for thinking that those rules can be improved. Finally, it will be contended that Gray has been marginalised somewhat by two subsequent decisions at the highest level, namely, Stone & Rolls Ltd v Moore Stephens and Hounga v Allen, and that its status is therefore open to some doubt.

T Khaitan, A Theory of Discrimination Law (Oxford University Press 2015) [...]

Marrying legal doctrine from six pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained. Readership: This book would be suited to legal academics, philosophers and students of legal philosophy and discrimination law.

P S Davies, Accessory Liability (Hart 2015)

J Pila, 'An Historical Perspective: The Unitary Patent Package' in J Pila & C Wadlow (eds), Perspectives on the Unitary (EU) Patent System (Hart Publishing 2015)

J Prassl, 'Autonomous Concepts in Labour Law? The Complexities of the Employing Enterprise Revisited' in A Bogg, C Costello, ACL Davies, and J Prassl (eds), The Autonomy of Labour Law (Hart|Bloomsbury 2015)

A Dickinson, 'Background and Introduction to the Regulation (ch 1), Transitional Provisions (ch 16), Final Provisions (ch 18)' in Andrew Dickinson and Eva Lein (eds), The Brussels I Regulation Recast (Oxford University Press 2015)

R M Bagshaw, 'Balancing Defences' in Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith (eds), Defences in Tort (Hart Publishing 2015) [...]

This chapter seeks to illuminate some of the issues that a lawmaker ought to consider when deciding in a particular context whether to design a tort law defence so that it requires the balancing of something on a defendant’s side against something on a claimant’s side, or balancing some public interest against something on the claimant’s side, with that balancing being conducted on the facts of the instant case.

ISBN: 9781849465267

J J W Herring, Beginning Family Law (Taylor and Francis 2015)

S Green, 'But For Lord Hoffmann, How Would the Causal Inquiry Look?' in P S Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann: A Festschrift for Leonard H Hoffmann (Hart Publishing 2015) (forthcoming)

A Dyson, J Goudkamp and F Wilmot-Smith, 'Central Issues in the Law of Tort Defences' in A Dyson, J Goudkamp and F Wilmot-Smith (eds), Defences in Tort (Hart Publishing 2015) [...]

This chapter is an introduction to an edited collection on “Defences in Tort”, which is the first in a series of collections investigating defences in private law. This chapter is in three principal sections, though the sections are neither exhaustive nor hermetically sealed. We first examine what a defence actually is. We begin this section by considering a conundrum that pervades this field, namely whether it is possible to separate the definition of a defence from the consequences of something being a defence. We then consider the two main ways in which scholars have tried to understand the concept of a defence. In the second principal section of the chapter we turn to some general questions that the study of defences throws up across private law. Themes addressed here include the interplay between causes of action and defences, the tendency for the law to evolve defences that apply in tightly-confined situations rather than defences that are potentially generally applicable, the implications of defences for major theoretical accounts of tort law and the connection between statutes and defences. Finally, we draw out some themes and defences that are most commonly associated with the criminal law, such as the distinction between justifications and excuses, which may also be of relevance to private law theorists.

D P Nolan, 'Chapters on Government Liability, Product Liability, Nuisance and Rylands v Fletcher and Fire' in Ken Oliphant (ed), The Law of Tort (3rd edn) (Reed Elsevier (UK) 2015)

S Vogenauer and C Hodges (eds), Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law (Hart Publishing 2015) (forthcoming)

Heiner Bielefeldt, N Ghanea and Michael Wiener, Commentary on Freedom of religion or belief (Oxford University Press, under contract 2015)

J Viebach, 'Commentary on Principle 3 ‘The Duty to Preserve Memory’' in P Gaeta, F Haldemann, T Unger (eds), Commentary on the United Nations Set of Principles to Combat Impunity (Oxford University Press 2015) (forthcoming)

S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (Oxford University Press 2015) [...]

cclxxxiii + 1528 pp. This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition. This book is an essential reference source for lawyers wishing to understand the rules governing international contracts and how to apply the principles in practice. It is an indispensable tool for all lawyers and scholars working with international commercial contracts.

ISBN: 978-0-19-870262-7

M Jackson, Complicity in International Law (OUP (Oxford Monographs in International Law) 2015)

S Douglas-Scott, Constitutional Law of the European Union (2nd edition) (Pearson Longman 2015) (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 2015) (forthcoming)

J J W Herring, Criminal Law, 9th ed (Palgrave 2015)

J J W Herring, Criminal Law: Great Debates (Palgrave 2015)

A J B Sirks, 'Das Recht der Soldatenkaiser' in Ulrike Babusiaux, Anne Kolb (eds), Das Recht der ‘Soldatenkaiser’. Rechtliche Stabilität in Zeiten politischen Umbruchs? (De Gruyter, Berlin 2015)

A Dyson, J Goudkamp and F Wilmot-Smith (eds), Defences in Tort (Hart Publishing 2015)

A Dyson, J Goudkamp and F Wilmot-Smith (eds), Defences in Unjust Enrichment (Hart Publishing 2015)

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 2015) [...]

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.

J Goudkamp and J Murphy , 'Divergent Evolution in the Law of Torts: Jurisdictional Isolation, Jurisprudential Divergence and Explanatory Theories ' in Andrew Robertson and Michael Tilbury (eds), The Common Law of Obligations: Divergence and Unity (Hart Publishing 2015)

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 2015) (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.

E Hudson, Drafting Copyright Exceptions: An Empirical Study (Cambridge University Press 2015) (forthcoming)

D Leczykiewicz, 'Effectiveness of EU Law Before National Courts: Direct Effect, Consistent Interpretation and Member State Liability' in A Arnull and D Chalmers (eds), Oxford Handbook of European Union Law (Oxford University Press 2015)

S Fredman, 'Equality Law: Labour Law or Autonomous Field' in A. Bogg; C. Costello; A. Davies; J. Prassl (ed), (Bloomsbury 2015) [...]

How has the right to equality in the UK been shaped by its roots in labour law, and, conversely, in what ways has the newly acquired human rights regime influenced labour law? A close analysis of some of the major equality cases in the highest courts in the UK and in the ECtHR since 2010 reveals two main arenas of contestation. The first concerns the rights-holder, and the corresponding duty-bearer. Labour law’s preoccupation with the employment relationship is challenged by the basic premise of human rights, namely that human rights inhere in everyone, simply by virtue of their humanity. On the other hand, the human rights regime generally assumes that it is only the state that is bound, leaving the obligations of the private employer in limbo. Yet it is into the interstices of all these settled relationships that the most vulnerable fall, and it is here that the right to equality should have the most traction. The second major cause of friction concerns the role of justification. Whereas under Article 14, the proportionality analysis is integrated into the definition of discrimination, the anti-discrimination statutes have built up a rigid divide between discrimination that can be justified and discrimination that cannot. This divide is under increasing pressure, particularly with the introduction of additional protected characteristics such as religion, age and disability.

ISBN: 9781849466219

S Douglas-Scott, EU Human Rights Law (Elgar Publishing 2015) (forthcoming)

J Roberts (ed), Exploring Sentencing. Empirical and Normative Aspects of Legal Punishment in England and Wales. (Palgrave 2015) (forthcoming)

J J W Herring, Family Law (7th edn, Pearson 2015)

J J W Herring, Stephen Gilmore and Rebecca Probert, Family Law: Great Debates (2nd edn, Palgrave 2015)

I Goold, Flesh and Blood: Owning Our Bodies Their Parts (Hart Publishing 2015) (forthcoming)

I Loader, 'Foreword: Towards what kind of Global Policing Studies?' in J Beek, M Gopfert, O Owen and J Steinberg (eds), Rethinking Policing in Africa (London: Hurst 2015)

S Fredman, 'From Dialogue to Deliberation: Human Rights Adjudication and Prisoners’ Rights to Vote' in M. Hunt; H. Hooper; P Yowell. (ed), Parliaments and Human Rights (Bloomsbury 2015) [...]

The chapter begins by evaluating dialogic theories of human rights adjudication. It then sets out a deliberative alternative and sketches its application in a human rights context. I call this a ‘bounded deliberative’ approach. The third section applies these principles to prisoners’ voting rights cases, comparing the approach of the South African Constitutional Court with that of the European Court of Human Rights.

ISBN: 9781849465618

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 2015) (forthcoming)

S Douglas-Scott, 'Fundamental Rights Not Euroscepticism: Why the UK Should Embrace the EU Charter ' in Hodson Wicks Ziegler (ed), The UK and European Human Rights: A Strained Relationship (Hart Publishing 2015) (forthcoming)

J Payne, 'Gatekeepers' in N Moloney, E Ferran, J Payne (eds), The Oxford Handbook of Financial Regulation (OUP 2015) (forthcoming)

J Goudkamp, 'General Defences' in K Oliphant (ed), The Law of Torts (LexisNexis 2015)

D Gangjee, 'Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection?' in Christophe Geiger (ed), Research Handbook on Human Rights and Intellectual Property (Edward Elgar 2015) [...]

Can the protection of Geographical Indications (GIs) – signs which indicate the regional provenance of products such as Prosciutto di Parma, Darjeeling and Cognac – be integrated within a cultural rights framework? Since there has been recent interest in GIs as a potential vector for achieving cultural heritage goals, this suggests an affinity with cultural rights. To develop this line of enquiry, this chapter focuses on two threshold issues: (1) To what extent can the notion of cultural heritage act as a bridge or link between GI and cultural rights protection paradigms? (2) Alternatively, moving beyond a conventional human rights framework, are there parallels between GIs and the notion of intangible cultural heritage (ICH) – as recognised in international legal instruments by UNESCO in particular – which could be more fruitfully developed?

John Armour, Antonia P Menezes, Mahesh Uttamchandani and K van Zwieten, 'How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence' in Frederique Dahan (ed), Research Handbook on Secured Financing of Commercial Transactions (Edward Elgar 2015) (forthcoming)

M Bosworth and Turnbull, Sarah, 'Immigration Detention and the Expansion of Penal Power in the UK' in K. Reiter and A. Koenig. (eds), Extreme Punishment (Palgrave 2015)

M Bosworth, 'Immigration Detention, Ambivalence and the Colonial Other ' in Eriksson, Anna (eds), Punishing the Other (Routledge 2015)

M Bosworth, I Hasselberg and S Turnbull, 'Imprisonment in a Global Age: Rethinking Penal Power' in Y Jewkes, B Crewe and J Bennett (eds), Handbook of Prisons (Sage Publications 2015)

N. W. Barber and others, 'Introduction' in N. W. Barber, R. Ekins, and P. Yowell (eds), Lord Sumption and the Limits of the Law ( 2015) (forthcoming)

A Bogg, C Costello, A Davies and J Prassl, 'Introduction: Exploring Autonomy' in A Bogg, C Costello, ACL Davies, and J Prassl (eds), The Autonomy of Labour Law (Hart | Bloomsbury 2015)

A Tzanakopoulos, 'Judicial Dialogue as a Means of Interpretation' in HP Aust and G Nolte (eds), Interpretation of International Law by Domestic Courts (Oxford University Press 2015) (forthcoming) [...]

This chapter discusses whether judicial dialogue on international law between domestic courts may be conceptualised as a new means of interpretation--beyond the Vienna Convention on the Law of Treaties. After defining 'dialogue' and presenting its various potential iterations, the chapter argues that in fact judicial dialogue between domestic courts is required under international law, including the Vienna Convention. This is because domestic court decisions on international law may constitute subsequent practice which is to be taken into consideration when interpreting a treaty, in accordance with Article 31(3)(b) VCLT. But domestic court decisions may also constitute practice and/or reflect opinio juris, which domestic courts must find in order to determine the existence and content of customary international law. As such, domestic courts must engage with the relevant decisions on international law by domestic courts in other jurisdictions. They must engage in judicial dialogue as a means for interpreting international law.

S Douglas-Scott, 'Justice Injustice and the Rule of Law in the EU' in de Burca, Kochenov, Williams (eds), Europe's Justice Deficit (Hart Publishing 2015) (forthcoming)

A Bogg, 'Labour Law and the Trade Unions: Autonomy and Betrayal' in A Bogg, C Costello, ACL Davies, Jeremias Prassl (eds), The Autonomy of Labour Law (Hart 2015) (forthcoming)

A Adams and J Prassl, 'Labour Legislation and Evidence-Based Public Policy: A Case Study' in A Blackham and A Ludlow (eds), New Frontiers in Empirical Labour Law Research (Hart | Bloomsbury 2015)

A Tzanakopoulos, 'Les réactions des États aux sanctions illégales' in P Berthelot and E Hatem (eds), Les sanctions internationales : entre légalité et réalité (L'Harmattan 2015) [...]

Abstract: This brief study discusses the legal characterisation of State reactions to illegal sanctions.

L’objectif de cette contribution est d’examiner brièvement la réaction des États face aux sanctions illégales. Deux questions se posent à ce sujet : primo, les sanctions internationales, unilatérales ou collectives, émanant des Nations Unies, peuvent-elles être illégales? secundo, quels sont les recours des États ciblés par des sanctions illégales, et celui des États tiers tenus d’appliquer ces sanctions?

ISBN: 978-2-343-05590-9

J Pila, 'Lord Hoffmann and Purposive Interpretation in Intellectual Property Law' in Lord Hoffmann's Jurisprudence (Hart Publishing 2015)

J Pila (ed), Lord Hoffmann's Jurisprudence: A Festschrift in Honour of Lord Leonard Hoffmann (Hart Publishing 2015)

J Freedman, 'Lord Hoffmann, Tax Law and Principles' in PS Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing 2015) (forthcoming)

Laura Hoyano, 'McFarlane v Tayside Health Board and Cattanach v Melchior' in Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law (Hart Publishing – Landmark Cases Series 2015) [...]

This is a tale of two negligent medical errors in the control of human fertility by public health services, with the same consequence for the patients, unwanted conception of healthy babies, occurring in two jurisdictions with common legal roots in tort law, but with diametrically opposed rulings on the scope of liability from their highest courts. One reflected the conventional philosophy underpinning medical tort law, corrective justice, and the other gingerly opened the door to an interloper, distributive justice, whilst allowing corrective justice to operate on part of the claim (with retributive justice implicitly tossed into the mix by two judicial chefs ). Perhaps surprisingly, the radical approach came from the House of Lords, in McFarlane v Tayside Health Board to which the Australian High Court responded in Cattanach v Melchior by adhering to orthodox principles. Both Courts pondered upon the moral attributes of creating life and parenthood, but they were wary of the moral content and ethical dimensions of professional negligence law. This chapter considers the causes, frequency and cost of failed sterilisation procedures, including statistical data up to 2013 of costs to the NHS. It analyses the different legal formulations for unwanted birth cases and provides a critical evaluation of the arguments discarded and accepted by the majorities and dissenting justices in the House of Lords and the Australian High Court. It offers a new analysis of the actionable damage, being the negligently performed surgery rather than the conception or the birth. It concludes that the judgments in both cases represent how far negligence law has come adrift of principle, supplanted by obscure pragmatism. For that reason, MacFarlane should not be treated as a landmark case for medical law as a whole, whilst Cattanach has essentially been erased by statutory reversal in several Australian states, to impose the MacFarlane result.

ISBN: 9781849465649

Charlotte Cook, Hamish Anderson and L Gullifer, 'National Report for England' in Treatment of Contracts in Insolvency (Oxford University Press 2015) (forthcoming)

D P Nolan, 'Nuisance, Planning and Regulation: The Limits of Statutory Authority' in A Dyson, J Goudkamp and F Wilmot-Smith (eds), The Limits of Liability: Defences in Tort Law (Hart Publishing 2015)

J Pila (ed), Perspectives on the Unitary (EU) Patent System (Hart Publishing 2015)

L Gullifer, 'Piecemeal reform: is it the answer?' in Frederique Dahan (ed), Secured Lending in Commercial Transactions (Elgar Publishing 2015) (forthcoming)

I Goold, 'Postponing Motherhood: Ethico-Legal Perspectives on Access to Artificial Reproductive Technologies' in Leslie P Francis (ed), Oxford Handbook of Reproductive Ethics (Oxford University Press 2015) (forthcoming)

A Tzanakopoulos, 'Préambule' in R Kolb (ed), Commentaire sur le Pacte de la Société des Nations (Bruylant 2015) [...]

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

ISBN: 9782802747710

S Steel, Proof of Causation in Tort Law (CUP 2015) (forthcoming)

P S Davies and S Green, 'Pure Economic Loss and Defective Buildings' in A Robertson and M Tilbury (eds), Divergences in Private law (Hart Publishing 2015) (forthcoming)

J Goudkamp, 'Reforming English Tort Law: Lessons from Australia' in Eoin Quill and Raymond J Friel (eds), Damages and Compensation Culture: Comparative Perspectives (Hart Publishing 2015)

D Sarooshi, Remedies and Responsibility for the Actions of International Organizations (D Sarooshi, Martinus Nijhoff, Hague Academy of International Law Imprint 2015)

D Gangjee, Research Handbook on Intellectual Property and Geographical Indications (Edward Elgar, Cheltenham 2015) (forthcoming)

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 2015)

A Tzanakopoulos, 'Sanctions Imposed Unilaterally by the European Union: Implications for the European Union's International Responsibility' in AZ Marossi and MR Bassett (eds), Economic Sanctions under International Law (TMC Asser Press/Springer 2015) [...]

DOI: 10.1007/978-94-6265-051-0_8

This chapter deals with the responsibility of the EU under international law for unilateral sanctions.’ Like States, international organizations may also adopt unilateral sanctions against States or other international organizations. The EU has been particularly active in this respect. After some terminological clarifications regarding sanctions and countermeasures, the chapter examines EU practice in imposing unilateral sanctions on third States and sets out the conditions for legal resort to such sanctions. The chapter then proceeds to discuss the potential engagement of the international responsibility of the EU for the imposition of sanctions. If such measures are attributable to the EU, and they are in breach of the EU’s international obligations, then they must be justified as countermeasures. Otherwise the EU’s international responsibility will be engaged. The chapter then examines the mechanisms for implementing that international responsibility on the part of the States that have been unlawfully targeted by EU sanctions.

ISBN: 978-94-6265-051-0

S Vogenauer, 'Schlüsselwörter in englischen Savigny-Übersetzungen' in J Rückert (ed), Savigny international? (Vittorio Klostermann 2015) (forthcoming) [...]

92 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).

A S Burrows, 'Some Recurring Issues in Relation to Limitation of Actions' in Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith (eds), Defences in Tort (Hart 2015)

A Dickinson, 'Territory in the Rome I and Rome II Regulations' in J Basedow, U Magnus and R Wolfram (eds), The Hamburg Lectures on Maritime Affairs (Springer 2015)

A Bogg (ed), The Autonomy of Labour Law (Hart 2015) (forthcoming)

A Bogg, C Costello, A Davies and J Prassl (eds), The Autonomy of Labour Law (Hart | Bloomsbury 2015) [...]

To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory. Reviewed: B Mak (2015) 44 ILJ

ISBN: 9781849466219

A Dickinson, Andrew Dickinson and Eva Lein (eds), The Brussels I Regulation Recast (Oxford University Press 2015)

J Prassl, The Concept of the Employer (OUP 2015) [...]

Employment law struggles to adapt to complex modern work arrangements, from agency work and service companies to corporate groups and Private Equity investors. This book argues that the cause of this failure can be found in our concept of the employer, which has become riddled with internal contradictions: English law searches for the unitary counterparty to a bilateral contract of employment by reference to a series of multi-functional tests. As a result of this tension, full employment law coverage is restricted to the narrow scenario where a single legal entity exercises all employer functions⎯a paradigm far from the fragmented reality of modern labour markets. These problems can only be addressed by a careful reconceptualization leading to the development of a functional concept of the employer. The book draws on existing models in English and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each strand of the received concept of the employer is examined in turn to demonstrate how this more openly multifunctional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. The book fills a crucial gap in employment law and corporate law by exposing the defects in our current understanding of the employer and by developing a new functional concept appropriate for both traditional and emerging work arrangements.

ISBN: 978-0-19-873553-3

J Payne and Elizabeth Howell, 'The creation of a European Capital Market' in Panos Koutrakos and Jukka Snell (eds), Research Handbook on the Law of the EU's Internal Market (Edward Elgar 2015) (forthcoming)

J Goudkamp and Lorenz Mayr, 'The Doctrine of Illegality and Interference with Chattels' in A Dyson, J Goudkamp and F Wilmot-Smith (eds), Defences in Tort (Hart Publishing 2015) [...]

The doctrine of illegality is now in vogue as an answer to liability in tort. It is also very regularly discussed by scholars. It has generated a literature that is large enough to justify the publication of a bibliography. However, the attention that has been lavished on the doctrine as it operates within tort law has largely been confined to the context of actions for negligently inflicted personal injury. The doctrine’s role in other situations within tort law has been neglected. This chapter begins the process of redressing this situation. It does so by analysing the doctrine in relation to actions for interference with chattels. We postulate a wide range of hypothetical cases and consider how these cases would be decided if they arise. This discussion reveals the existence of significant lacunae in this area of the law, with no authority that provides definitive guidance as to whether the doctrine applies in particular situations. We also ask, in the in relation to those cases that would fail on the ground of illegality, what the precise legal route is by which that result is achieved. Finally, we investigate how the hypothetical cases ought to be decided. We contend that what little law there is on the doctrine of illegality in the chattels context sometimes produces the wrong outcome and, where it delivers the right outcome, it frequently does so for the wrong reasons.

G B Dinwoodie and D Gangjee, 'The Image of the Consumer in European Trade Mark Law' in Dorota Leczykiewicz and Steve Weatherill (eds), The Image(s) of the Consumer in EU Law (Hart 2015) [...]

This chapter contributes to a book on the image of the consumer in EU law by exploring the role of the average consumer in European trade mark law. There is in fact a variable concept of the consumer within European trade mark law and the chapter first sets itself the task of mapping these variations. We suggest that for structural reasons European trade mark law may be compelled to work with a differentiated concept of the consumer. However these variations should be approached relationally, with an awareness of the points of difference and their basis. In particular, we suggest that most efforts by courts to identify or construct consumers and the marketplace they inhabit are blended exercises that are part-empirical and part-normative. Explicitly recognising this blend will, we believe, enable a richer debate about the role played by the consumer in European trade mark law and the evidence or considerations to which courts might have regard. It also allows us to explore whether trade mark law in Europe ought — either to achieve its own objectives or to contribute to the broader European project — to adopt an approach to the consumer that is more empirically or normatively grounded as required by the legal context and whether different national courts are (despite different methodological traditions that survive European harmonisation) converging on a common approach to the ‘trade mark consumer’.

A S Burrows, 'The Influence of Comparative Law on the English Law of Obligations' in Michael Tilbury and Andrew Robertson (eds), The Common Law of Obligations: Divergence and Unity (Hart 2015) (forthcoming)

D Akande and A Tzanakopoulos, 'The International Court of Justice and the Concept of Aggression' in C Kress and S Barriga (eds), The Crime of Aggression: A Commentary (Cambridge University Press 2015) (forthcoming) [...]

This paper reviews the contribution of the International Court of Justice in defining the concept of aggression against the background of the Kampala Amendments to the 1998 Rome Statute of the International Criminal Court. It argues that the ICJ, while not contributing directly to the elaboration of the concept of aggression, has indeed influenced the internal gradation of the concept of aggression through drawing an implicit parallel with the concept of armed attack. The paper then completes this picture by introducing a three-step parallel gradation of concepts: use of force-armed attack-serious breach of jus cogens and use of force-act of aggression-war and/or crime of aggression; and by discussing their potential relationship and interaction.

P S Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing 2015) (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 2015) (forthcoming)

P S Davies, 'The Meaning of Commercial Contracts' in PS Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing 2015) (forthcoming)

J Payne, Niamh Moloney and Eilis Ferran (eds), The Oxford Handbook of Financial Regulation (Oxford University Press 2015) (forthcoming)

S Green and P S Davies, 'The Problem of Pure Economic Loss in Negligence' in A Robertson and M Tilbury (eds), Convergence and Divergence in the Common Law ( 2015) (forthcoming)

S Douglas-Scott, 'The Relationship between the EU and the ECHR Five Years on from the Treaty of Lisbon ' in de Vries, Bernitz, Weatherill (eds), Five Years Legally Binding Charter of Fundamental Rights (Hart Publishing 2015) (forthcoming)

A J B Sirks, 'The Theodosian Project and the Lex Citandi' in A. Padoa  Schioppa, D. Mantovani (eds), Interpretare il Digesto. Storia e metodi (IUSS Press, Pavia 2015)

D Gangjee, 'Trade Mark Dilution in India' in Daniel Bereskin (ed), International Trademark Dilution (Thomson Reuters 2015) (forthcoming)

R Condry and Caroline Miles, Uncovering Adolescent to Parent Violence (Palgrave 2015) (forthcoming)

Dame Judge R. Higgins, D. Sarooshi, and P. Webb and D Sarooshi, '‘Institutional Modes of Conflict Management’' in J. Norton-Moore, et al. (eds), National Security Law (Carolina Academic Press 2015) (forthcoming)


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)

J Viebach, 'Alethéia and the Making of the World. Inner and Outer Dimensions of Memorials in Rwanda' in Buckley-Zistel, Susanne /Schäfer, Stefanie (eds), Memorials in Times of Transition (Intersentia 2014)

A S Burrows, 'Alternatives to Legislation: Restatements and Judicial Law Reform' in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale (Hart 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)

A Bogg, 'Article 231: The Right to Fair and Just Working Conditions' in S Peers, T Harvey, J Kenner, A Ward (eds), The EU Charter of Fundamental Rights (Hart 2014)

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

A Dickinson, Andrew Dickinson, Mary Keyes, Thomas John (eds), Australian Private International Law for the 21st Century: Facing Outwards (Hart Publishing 2014)

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 Steel and M Lunney, 'Capacity' in K Oliphant (ed), The Law of Torts (Lexis Nexis 2014)

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

S Steel, 'Causation and Scope of Responsibility in Negligence' in K Oliphant (ed), The Law of Torts (Lexis Nexis 2014)

S Green, Causation in Negligence (Hart 2014)

S 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)

C Costello, Kieran Bradley, Anthony Whelan and Noel Travers, 'Child Citizens & De Facto Deportation: Tender Years, Fragile Ties & Security of Residence' in 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 (Vandenhoeck & Ruprecht unipress, Göttingen 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)

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) [...]

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)

J J W Herring, 'Conclusion' in I Goold, K. Greasley, J. Herring and L. Skene (eds), Persons, Parts and Property (Hart 2014)

J J W Herring, 'Consent in the Criminal Law: The Importance of Relationality and Responsibility' in A Reed and M Bohlander (eds), General Defences in Criminal Law (Ashgate 2014)

E McKendrick, Contract Law: Text, Cases and Materials (6th Edn, Oxford University Press 2014) [...]

A textbook which seeks to analyse the law of contract in a transactional and a transnational context. Book consists of approximately 1/3 text and 2/3 cases and materials. Covers all aspects of the undergraduate syllabus.

ISBN: 0-19-925076-6

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

A S Burrows, 'Damages, Limitation' in Clerk and Lindsell on Torts (Sweet and Maxwell 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)

J Goudkamp, 'Defences in Tort and Crime' in M Dyson (ed), Unravelling Tort and Crime (Cambridge University Press 2014) [...]

Tort law and the criminal law are often considered to be profoundly distinct branches of the law. For example, Jules Coleman contends that ‘[t]he differences between torts and the criminal law are so fundamental that the net result of applying one’s understanding of the criminal law to torts is bad philosophy and total confusion’. While this may be something of an exaggeration, there is no doubt that there are many significant differences between tort and crime. Some of these differences have been explored in detail. For example, careful thought has been given to the fact that the criminal law pays far greater attention to mental states than tort law, to the fact that only the criminal law provides for liability for attempts and to the fact that tort law and the criminal law place different emphasis on the importance of retribution and compensation. However, one respect in which tort law and the criminal law part company that has received virtually no scholarly attention concerns defences. Hence, the goal of this chapter is to explore several ways in which the defence regimes of tort law and the criminal law are distinct from each other.

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) [...]


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

Lord Collins of Mapesbury and others, Dicey, Morris & Collins, The Conflict of Laws (15th edn, 1st Supplement) (Lord Collins of Mapesbury, 2014)

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

L Gullifer (ed), English and European Perspectives on Contract and Commercial law: Essays in honour of Hugh Beale (Hart Publishing 2014)

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

M Freedland and J Prassl (eds), EU Law in the Member States: Viking, Laval and Beyond (Hart 2014)

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

A Bogg and C Estlund, 'Freedom of Association and the Right to Contest: Getting Back to Basics' in A Bogg and T Novitz (eds), Voices at Work: Continuity and Change in the Common Law World (OUP 2014)

A J B Sirks, 'Gentili in the eyes of Bijnkershoek' in D. Panizza (ed), Alberico Gentili, Giustizia, guerra, impero, Atti del convegno XIV Giornata Gentiliana San Ginesio, 24-25 settembre 2010 (Giuffre editore, Milano 2014)

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 S 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)

S Fredman, 'Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers ' in C Costello and M Freedland (eds), Migrants at Work: Immigration and Vulnerability in Labour Law (OUP 2014) [...]

Domestic workers’ situation in the heart of the employing family defies the public–private divide which labour law regulation has taken as one of its major premises. Live-in domestic workers have little autonomy or privacy, little control over their hours of work, and little protection against verbal, sexual, and physical abuse and other forms of exploitation. Trade union organization is highly challenging. The need to reconfigure the public–private divide arises not just because domestic work takes place within the family. It is also because domestic workers have played an essential role in facilitating the entry into paid work of many other women worldwide. Indeed, it is arguable that the main reason for the mass migration of women from developing to developed countries has been a high demand for domestic workers to assist with childcare, housework, and care of the elderly. However, the fact that employers of domestic workers are often vulnerable elderly people or women working in low-paid and precarious work themselves does not necessarily protect domestic workers: indeed, despite or because of their own precarious position, such employers are also frequently the source of exploitation or abuse. The framing of legislation in relation to domestic workers must therefore address this complex layering of discrimination issues. It is against this backdrop that the ILO finally, after much campaigning, adopted in 2011 its Convention No 198 concerning decent work for domestic workers. The aim of this chapter is to critically assess the provisions of the Convention and to compare it to other sources of regulation of domestic work, particularly those in South Africa and Brazil.

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)

P S Davies, 'Injunction' in J McGhee QC (ed), Snell's Equity (Sweet & Maxwell 2014)

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.

Imogen Goold, Kate Greasley, J J W Herring and Loane Skene, 'Introduction' in I Goold, K. Greasley, J. Herring and L. Skene (eds), Persons, Parts and Property (Hart 2014)

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

K Oliphant, V Harpwood and S Steel, 'Joint and Several Liability' in K Oliphant (ed), The Law of Torts (Lexis Nexis 2014)

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 Prassl, 'Lex Orandi, Lex Credendi' in R Klugseder (ed), Cantare Amantis Est, Festschrift zum 60. Geburtstag von Franz Karl Prassl (Hollinek 2014)

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

S Steel, 'Malicious Prosecution' in K Oliphant (ed), The Law of Torts (Lexis Nexis 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)

C Costello, 'Migrants and Forced Labour: A Labour Law Response' in A Bogg, C Costello, A Davies, J Prassl (eds), The Autonomy of Labour Law (Hart Publishing 2014)

C Costello and Mark Freedland (eds), Migrants at Work: Immigration and Vulnerability in Labour Law (Oxford University Press 2014)

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)

A J B Sirks, Nova ratione. Change of paradigms in Roman law (B. Sirks, Harrassowitz Philippika 2014) (forthcoming)

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)

J J W Herring, Imogen Goold, Kate Greasley and Loane Skene, Persons, Parts and Property (Hart 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)

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)

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)

L Green, 'Pornographies' in Nicholas Bamforth (ed), Sexual Orientation and Human Rights (Ashgate, International Library of Essays on Rights 2014) [...]

Reprinting 'Pornographies', first published 8 Journal of Political Philosophy, (2000), 27-52.

ISBN: 978-1-4094-3040-7

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)

A Ashworth and Lucia Zedner, Preventive Justice (Oxford University Press 2014) [...]

An exploration and analysis of the various forms of coercive preventive measures used by the state, with a focus on measures involving deprivation of liberty; and a discussion of the rationales and limiting principles appropriate for such measures.

ISBN: 978-0-19-871252-7

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)

A Briggs, Private International Law in English Courts (Oxford University Press 2014) [...]

Restatement of the rules of Private International Law as they apply in English courts in 2014. The aim is to place the European and statutory material, and the methods associated with it, at the centre of the account, and in that sense to depart from the traditional approach, which is to treat the subject as though constructed on a common law foundation, as this is no longer representative of the subject as it operates in English courts

ISBN: 9780198713739

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)

A Ashworth and Lucia Zedner, 'Punishment Paradigms and the Role of the Preventive State' in A.P. Simester, A. Du Bois-Pedain, U. Neumann (eds), Liberal Criminal Theory: Essays for Andreas von Hirsch (Hart Publishing 2014) [...]

An exploration of punishment theory in the light of the state's preventive obligations.

ISBN: 978-1-84946-514-4

Andrew Ashworth and L Zedner, 'Punishment Paradigms and the Role of the Preventive State' in A Simester, U Neumann, & A du Bois Pedain (eds), Liberal Criminal Theory ( 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.

L Green, 'Reconsiderando El Concepto de Derecho' in S F Rubio (ed), Hart en la Teoria del Derecho Contemporanea (Ediciones Universidad Diego Portales 2014) [...]

Spanish translation by Erensto Riffo of 'The Concept of Law Revisted', first published in 94 Michigan Law Review 1687 (1996)

P S Davies and J O'Sullivan, 'Rectification' in J McGhee QC (ed), Snell's Equity (Sweet & Maxwell 2014)

J Vella, 'Regulatory choice: observations on the recent experience with corrective taxes in the financial sector' in W. G. Ringe and P. M. Huber (eds), Legal Challenges Arising out of the Global Financial Crisis: The Euro, Bail-outs, and Regulation (Hart Publishing 2014)

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

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

S Douglas-Scott, 'Rethinking Justice for the EU' in Maduro, Tuori , Sankari (eds), Transnational Law: Rethinking European Law and Legal Thinking (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.

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)

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)

Roy Goode, 'The Assignment of Pure Intangibles in the Conflict of Laws' in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law ( 2014) [...]

An analysis of the law applicable to the assignment of non-documentary intangibles, with particular reference to proposals for an addition to Article 14 of the EU regulation on the law applicable to contractual obligations (Rome I) dealing with the effectiveness of an assignment on third parties and the priority of competing third-party interests

ISBN: 9781849465496

Alan Bogg, C Costello, ACL Davies and Jeremias Prassl (eds), The Autonomy of Labour Law ( 2014)

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)

WG Ringe, 'The Law of Assignment in European Contract Law' in L Gullifer and S Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale (Hart Publishing 2014) [...]

The law of assignments is one of the most controversial areas of European contract law. In recent scholarship - and in political reality - attempts have been made to (i) harmonise private international law rules and to (ii) reach agreement on substantive rules. This contribution evaluates the conceptual underpinnings of both approaches and proposes a way forward to create an effective framework for assignments in Europe.

ISBN: 9781849465496

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)

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)

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

A Bogg and T Novitz, 'The Purpose and Techniques of Voice: Propects for Continuity and Change' in A Bogg and T Novitz (eds), Voices at Work: Continuity and Change in the Common Law World (OUP 2014)

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

J Prassl, 'The United Kingdom' in B Waas (ed), The Right to Strike: A Comparative View (Kluwer 2014)

D Sarooshi, 'The United Nations Security Council' in J. Krieger, M. Crahan, C. Murphy, and A. Kaya (eds), The Oxford Companion to International Relations ( 2014)

J Prassl, 'Three Dimensions of Heterogeneity: An Overview of Member State Experiences' in M Freedland and J Prassl (eds), EU Law in the Member States: Viking, Laval and Beyond (Hart 2014)

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) [...]

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)

A Bogg, 'Viking and Laval: The International Labour Law Perspective' in M Freedland and J Prassl (eds), EU Law in the Member States - Viking, Laval and beyond (Hart 2014)

J Prassl and M Freedland, 'Viking, Laval and Beyond: An Introduction' in M Freedland and J Prassl (eds), EU Law in the Member States: Viking, Laval and Beyond (Hart 2014)

A Bogg (ed), Voices at Work: Continuity and Change in the Common Law World (OUP 2014)

J J W Herring and Charles Foster, 'What is health?' in M. Freeman, S. Hawkes and B. Bennett (eds), Law and Global Health (Oxford University Press 2014) [...]

Discussion of the nature of health

A Dickinson, 'What, if anything, can Australia Learn from the EU Experience?' in Andrew Dickinson, Mary Keyes and Thomas John (eds), Australian Private International Law for the 21st Century (Hart Publishing 2014)

J J W Herring, 'Why we need a statute regime to regulate bodily material' in I Goold, K. Greasley, J. Herring and L. Skene (eds), Persons, Parts and Property (Hart 2014)

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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