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Recent (2013–14) and Forthcoming Books

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2014

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

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

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

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)

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

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

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) (forthcoming) [...]

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

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

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

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


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

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

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

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

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


ISBN: 13: 978-3847103028

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

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

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

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

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

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

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

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

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

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


ISBN: 9781849464390

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

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


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

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


E Hudson, Drafting Copyright Exceptions: An Empirical Study (Cambridge University Press 2014) (forthcoming)

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)

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.


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.


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

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


ISBN: 978900426219-5

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

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


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

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

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

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

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


ISBN: 978-0-19-871222-0

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

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

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


ISBN: 9781847038029

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

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

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

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

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


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

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


ISBN: 978-3-8471-0302-8

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) (forthcoming)

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

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

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


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

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

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

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


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

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


ISBN: 978-0-19-965467-3

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

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


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

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

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)

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

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


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

A textbook on professional ethics for lawyers.


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

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

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

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

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

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

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

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

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

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

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

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

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

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


ISBN: 88-86449-29-8

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

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.


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

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

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

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

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

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

Andrew Ashworth and L Zedner, Preventive Justice ( 2014)

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

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

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


ISBN: 9781107064072

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

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

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


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

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

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


ISBN: 9781849464666

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

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

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

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

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: 978 0 85793 478 9

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

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


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

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

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

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


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

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


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

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

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

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

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

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

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


ISBN: 9780748693641

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

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


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

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)

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

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

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

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

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

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

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

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

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


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

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


ISBN: 9780198719274

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

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


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

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


ISBN: 978-0-415-64031-2

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

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


ISBN: 978-0-415-72083-0

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

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


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

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

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

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

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


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

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


ISBN: 9781107019263

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

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

2013

J Cartwright, ''Authenticity' and 'Authentic Instruments': The Perspective of English Law' in L. Aynès (ed), L'authenticité (La documentation Française 2013) [...]

Comparative discussion of English law and French law provisions regarding formalities for private law transactions (contract and property) with focus on the absence from English law of notarised and other 'authentic' instruments. Part of published proceedings of Commission on Authenticité established by the Conseil supérieur du notariat, France under the direction of Professor Laurent Aynès.


ISBN: 9782110095879

J J W Herring and Julie Wallbank, ''Introduction: Vulnerabilities, Care and Family Law'' in Julie Wallbank and Jonathan Herring (eds), Vulnerabilities, Care and Family Law (Routledge 2013)

E Descheemaeker and HJ Scott (eds), Iniuria and the Common Law (Hart Publishing 2013) [...]

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria - literally a wrong or unlawful act - indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality.

It is the Roman delict of iniuria which forms the foundation of both the South African and - more controversially - Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship perhaps best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.


ISBN: 9781849465038

E Descheemaeker, 'Iniuria and the Common Law' in E Descheemaeker and HJ Scott (eds), Iniuria and the Common Law (Hart Publishing 2013) [...]

This article is the introductory chapter of Eric Descheemaeker and Helen Scott (eds), Iniuria and the Common Law (Oxford: Hart Publishing, 2013), a book which comprises the papers that were presented at a namesake seminar at All Souls College, Oxford, in 2011 by the following scholars: John Blackie, Jonathan Burchell, François du Bois, Paul du Plessis, Anton Fagan, David Ibbetson, Paul Mitchell, Kenneth Norrie and the two editors.

The book is a form of ‘oxymoronic comparative law’: that is to say, it employs a concept from one legal tradition (the Roman delict of iniuria, ie insult or contempt) to interrogate another where, on the face of it, it does not belong (the common law, including the mixed legal systems of South Africa and Scotland). Its overall theme and purpose is to consider in what respects the delict of iniuria overlaps with, fall short of or exceeds its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and, finally, the degree to which the Roman proto-delict points the way to future development or rationalisation in each of these three legal systems.

The introductory chapter seeks, first, to provide a concise account of the Roman law of iniuria and, second, to explore some of the conceptual issues arising from our attempt to examine iniuria from the outside perspective of the common law: these pertain, in particular, to the internal structure of the delict, the place of the actio iniuriarum within the broader context of the punitive and reipersecutory functions of the law, and the relationship of iniuria with the modern common law in the three jurisdictions under examination.


E Descheemaeker, 'Solatium and Injury to Feelings: Roman Law, English Law and Modern Tort Theory' in E Descheemaeker and HJ Scott (eds), Iniuria and the Common Law ( 2013) [...]

Injuries to feelings have been a perennially difficult issue for the law of civil wrongs. The Romanist tradition pressed into service the word ‘solatium’ (solace) to designate the box in which such injuries would commonly be placed and addressed. While the concept is not formally part of the common lawyer’s toolbox, English law has also resorted to it in a number of circumstances, typically related to wounded feelings. After having examined the use of the word in Roman law, the later civilian tradition and English law, this paper argues that the word solatium should be done away with, because it is intrinsically ambiguous and allows by its very existence the perpetuation of these ambiguities. More fundamentally, the underlying idea of injuries to feelings should be discarded as an organizational category in the law of tort. Feelings, it is argued, are not another interest in need of protection alongside property and personality rights; rather they constitutes a separate level of analysis (internal, as opposed to external), from which the entirety of the law of wrongs can be examined. When the law aligns the two levels of enquiry, it commits a category mistake which will inevitably result in inconsistency or double-counting.


J Pila, 'A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology' in A Ohly & J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)

D J Galligan, 'A Moment Missed: The Levellers and the Constitution' in D. J. Galligan (ed), Constitutions and the Classics (Oxford University Press (confirmation pending) 2013) (forthcoming)

P P Craig, 'Accountability and Judicial Review in the UK and EU: Central Precepts' in N Bamforth and P Leyland (eds), Accountability in the Contemporary Constitution ( 2013)

A L Young, 'Accountability, Human Rights Adjudication and the Human Rights Act 1998' in N Bamforth and P Leyland (eds), Accountability in the Contemporary Constitution (Oxford University Press 2013)

G Loutzenhiser and John Tiley, Advanced Topics in Revenue Law (Hart Publishing 2013)

P S Davies, 'Aid, abet, counsel or procure?' in S Pitel, J Neyers, E Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart 2013)

A J B Sirks, 'An inheritance lost and a fraudulent slave' in A. Burrows, D. Johnston, R. Zimmermann (eds), Judge and Jurist, Essays in Memory of Lord Rodger of Earlsferry (Oxford University Press 2013) [...]

An exegesis of two Digest texts, D. 9.2.23.1 and 4. It is suggested that two ways of valuation of the damages, a positive and a negative, are behind these.


ISBN: ISBN978-0-19-96773-4

M R Macnair, 'Arbitrary Chancellors and the problem of predictability' in Willem Zwalve & Egbert Koops (eds), Law and Equity: Roman Law and Common Law approaches (Brill 2013) [...]

Roman law experienced concerns about arbitrary decision-making by Praetors. English equity being much more recent, we have much better evidence both for actual arbitrary decision-making by Chancellors, and for concerns about arbitrary decision-making by Chancellors. The remedies adopted, however, are profoundly different. The Romans made the Edict more like the Twelve Tables - a code. The development of English law, in contrast, made equity more like the common law: a system based on the communis opinio of a narrow group of advocates (in the case of modern Chancery equity, the specialist Chancery bar), expressed in the heavy use of precedent and case reporting, modified by particularistic statutes, and governed by collegiate courts of review or (in modern times) appeal. The eventual upshot is that modern ‘Chancery bar equity’ is perhaps the least ‘equitable’, in the Aristotelian ἐðéåßêåéá sense of ‘flexible’, branch of English law.


A Dickinson, 'Article 15: Participation in companies or other collective bodies' in Roger O'Keefe, Christian J. Tams, Antonios Tzanakopoulos (eds), The United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary (Oxford University Press 2013)

A Higgins, Andrew Mitchell and James Munro, 'Australia's Plain Packaging of Tobacco Products ' in Bryan Mercurio and Kuei-Jung Ni (eds), Science and Health Measures in International Economic Law (Routledge 2013)

P Davies, K Hopt, R Nowak, G Van Solinge, 'Boards in Law and Practice: A Cross-Country Analysis in Europe' in Paul Davies, Klaus Hopt, Richard Nowak, Gerard Van Solinge (eds), Corporate Boards in Law and Practice (OUP 2013) [...]

This is the general report analysing a group of national reports on the role and function of the board in European public companies. The report assesses how far the role and function of the board have converged in different European countries and how far divergences continue to exist. It explains convergencs and divergences by reference to the forces of globalisation, differences in shareholder structure and in differing perceptions of the board as a monitor on behalf of shareholders or as a mediator among stakeholder groups. The book analyses not only corporate laws but also corporate governance codes and looks at enforcement as well as at law 'in the book's


ISBN: 978-0-19-870515-4

S Fredman, 'Breaking the mould: equality as a proactive duty ' in Nicola Countouris and Mark Freedland (eds), Resocialising Europe in a Time of Crisis ( 2013)

M Bosworth, 'Can Immigration Detention be Legitimate' in KF Aas and M Bosworth (eds), The Borders of Punishment: Citizenship, Crime Control and Social Exclusion (Oxford University Press 2013) (forthcoming)

J J W Herring, Caring and the Law (Hart 2013) [...]

This book explores at a theoretical and practical level the law's interaction with caring.


ISBN: 9781849461061

S Fredman, 'CEDAW in the UK' in A Hellum and H Sinding Aasen (eds), Women's Human Rights: CEDAW in International, Regional and National Law (Studies on Human Rights Conventions Cambridge University Press 2013)

G Lamond, 'Coercion' in Hugh LaFollette (ed), International Encyclopedia of Ethics (Wiley-Blackwell 2013) [...]

DOI: 10.1002/9781444367072.wbiee696

This paper provides an overview of issues raised by the nature of coercion. It outlines four major distinctions that are both important to understanding the nature of coercion and important to disputes about its nature: (1) coercion in the sense of actions that aim to force another to do something, as opposed to actions that simply have that effect (i.e. are "coercive"); (2) coercion by the use of physical force as opposed to coercion by the creation of a "forced choice"; (3) coercion as a factor affecting the liability of the person who succumbs to the force ("duress") as opposed to coercion as a means of making another do as one wills; and (4) distinguishing between proposals that are threats rather than offers. These distinctions all bear on the question of why the use of coercion is ordinarily regarded as requiring some moral warrant.


ISBN: 9781405186414

Simon Whittaker and K Reisenhuber, 'Conceptions of Contract' in G. Dannemann and S. Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (OUP 2013)

European Max Planck Group on Conflict of Laws etc, Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary (Oxford University Press 2013)

R Ekins, 'Constitutional Principle in the Laws of the Commonwealth' in R. George and J. Keown (eds), Reason, Morality and Law: The Jurisprudence of John Finnis (Oxford: OUP 2013)

P S Davies, 'Construing commercial contracts: no need for violence' in M Freeman and F Smith (eds), Law and Language: Current Legal Issues Volume 15 (OUP 2013)

J Cartwright, Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer, 2nd edn (Hart Publishing 2013) [...]

Second edition of book designed to introduce English contract law to lawyers with a civil law background.


ISBN: 9781849464796

A S Burrows and C Busch, 'Contract Terms in favour of Third Parties' in Gerhard Dannemann and Stefan Vogenauer (eds), The Common European Sales Law in Context (OUP 2013)

P Davies, 'Corporate Boards in the United Kingdom' in Paul Davies, Klaus Hopt, Richard Nowak, Gerard Van Solinge (eds), Corporate Boards in Law and Practice ( 2013) [...]

This is the UK national report for Corporate Boards in Law and Practice (qv)


ISBN: 978-0-19-870515-4

D J McBarnet, 'Corporate social responsibility beyond law, through law, for law' in J Moon and D Matten (eds), Corporate Citizenship (Edward Elgar 2013) (forthcoming)

John Gardner and James Edwards, 'Criminal Law' in Hugh LaFollette (ed), International Encyclopedia of Ethics (Wiley-Blackwell 2013)

J J W Herring, Criminal Law, 8th ed ( 2013)

John Gardner, 'Criminals in Uniform' in R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds), The Constitution of Criminal Law (Oxford University Press 2013)

J Cartwright and M Schmidt-Kessel, 'Defects in Consent: Mistake, Fraud, Threats, Unfair Exploitation' in Gerhard Dannemann and Stefan Vogenauer (eds), The Common European Sales Law in Context (Oxford University Press 2013) [...]

Comparison of English law on defects in consent in the formation of a contract with German law and European private law (the proposed Common European Sales Law and the Draft Common Frame of Reference).


ISBN: 9780199678907

S J Douglas and B McFarlane, 'Defining Property Rights' in J Penner & H Smith (eds), Philosophical Foundations of Property Law (OUP 2013)

J Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Hart Publishing 2013)

J Goudkamp and Charles Mitchell, 'Denials and Defences in the Law of Unjust Enrichment' in Charles Mitchell and William Swadling (eds), The Restatement Third, Restitution and Unjust Enrichment: Comparative and Critical Essays (Hart Publishing 2013)

A Ashworth, 'Die Rettungspflicht im englischen Recht' in Andreas von Hirsch, Ulfrid Neumann and Kurt Seelman (eds), Solidaritat im Strafrecht (Nomos Verlagsgesellschaft, Baden-Baden 2013) [...]

Abstract: A theoretical examination of the principles on which English criminal law grounds liability or non-liability for omissions.

ISBN: 978-3-8487-0213-8

G Dinwoodie, 'Dilution as Unfair Competition: European Echoes' in Rochelle Cooper Dreyfuss and Jane C. Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (Cambridge University Press 2013) (forthcoming) [...]

This response to Barton Beebe explores whether contemporary experience in Europe supports the central arguments advanced by Beebe in The Supressed Misappropriation Origins of Trademark Antidilution Law. The development of E.U. law is largely consistent with the idea that dilution law is in part an effort to install a misappropriation regime, at least insofar as the objects of protection are trademarks with a reputation (increasingly, a smaller caveat as the scope of potential trademark subject matter expands and the reputation threshold falls). This has important local consequences: if dilution law is in truth is a law against misappropriation, the Court of Justice of the European Union has greater scope to contribute to the creation of a nascent European law of unfair competition. But examining recent European case law also suggests that understanding misappropriation as part of a broader system of unfair competition may moderate the formalist critique of misappropriation as wholly indeterminate and unlimited. Understood in its unfair competition milieu, a misappropriation-based concept of dilution retains some potential for measured delineation of the edges of protection.


D J Galligan, 'Discretion Revisited: From Autonomy to Sound Judgement' in A. Ruiz Ojeda (ed), To be settled (to be entered 2013) (forthcoming) [...]

A reassessment of the concept of discretion in the regulatory context, the argument being that discretion as autonomy has to be modified by discretion in its original meaning as sound judgement.


S Vogenauer, 'Drafting and Interpretation of a European Contract Law Instrument' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]

pp 82-119. A European contract law regime will not necessarily be drafted and interpreted in ways that correspond to the approaches of a particular national legal system. In this chapter I will assess the peculiarities of drafting (II.) and interpreting (III.) European rules against the background of English and German contract law. I will then explore how these aspects will influence the interaction of the European contract law regime, both as an ‘optional instrument’ and as a ‘toolbox’, with the domestic laws of these two Member States (IV.).


G. Giacca and T. Karimova, 'Education as a “Battleground” in Conflicts' in S. Casey-Maslen (ed), The War Report 2012 (Oxford University Press 2013)

D Leczykiewicz, 'Enforcement or Compensation? Damages Actions in EU Law after the Draft Common Frame of Reference' in M Kenny and J Devenney (eds), The Transformation of European Private Law (Cambridge University Press 2013)

S Fredman, 'Engendering socio-economic rights' in A Hellum and H Sinding Aasen (eds), Women's Human Rights: CEDAW in International, Regional and National Law (Studies on Human Rights Conventions Cambridge University Press 2013)

E Fisher, B Lange and E Scotford, Environmental Law: Text, Cases & Materials (OUP 2013)

E Fisher, B Lange and E Scotford, Environmental Law: Text, Cases and Materials (OUP 2013)

P S Davies and G Virgo, Equity and Trusts: Text, Cases, and Materials (OUP 2013)

A Ashworth, 'Eroding the Structure of the Convention? The Public Interest in Prosecutions for Serious Crime' in K.S. Ziegler and P.M. Huber (eds), Current Problems in the Protection of Human Rights (Hart Publishing 2013) [...]

An examination of the European Court of Human Rights' tendency to give increasing weight to public interest considerations, moving away from older doctrines.


ISBN: 978-1-84946-124-5

Roser and C. Seidel, Ethik des Klimawandels (Wissenschaftliche Buchgesellschaft 2013)

P P Craig, 'EU Administrative Law and Tradition ' in M Ruffert (ed), Administrative Law in Europe: Between Common Principles and National Traditions (Europa Law Publishing 2013)

I Benöhr, EU Consumer Law and Human Rights (Oxford University Press, Oxford Studies in European Law 2013) (forthcoming)

E Ramaekers, European Union Property Law: From Fragments to a System? (Intersentia 2013)

J S Getzler, 'Faith, Trust, and Charity' in A Burrows, D Johnston, and R Zimmermann (eds), Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry (Oxford University Press 2013) [...]

Lord Rodger's last book examined constitutional issues arising from the Disruption of the Church of Scotland of 1843. This essay in honour of Lord Rodger looks at the Disruption anew through the lens of private law. It examines problems arising where a court is vested with jurisdiction over issues of religion by the regular operation of secular law as a source of private rights created at will by private actors. This is quite distinct from cases where religious practice collides with secular law created directly by coercive public command so as to bind all subjects. For example, where a group forms an association based on civil institutions of contract, co-ownership and trust in order to pursue a common religious life, then regular enforcement of those private-law agreements and shared property rights can give the courts a lever to decide matters of religion enshrined in the original constitution of the group. Thus if A and B vest property into common or entrusted ownership and agree that this will be used to support a certain form of religious practice, creed, and ritual, then A may sue B to force him by law not to vary the practice, creed, or ritual, as a matter of contract, property, or trust law. Successors may perpetually rely on the original agreements to enforce religious forms many generations later. And a religious form of life may be "double-entrenched" by making the original means of governance of the religious community a fundamental condition of the association and so immune to normal majoritarian vote. These issues were fought out in many great cases before and after the Disruption, and this jurisprudence forms a backdrop to Lord Rodger's important dissent in the Jewish Free School Case of 2009.


ISBN: 978-0-19-967734-4

J M Eekelaar and Mavis Maclean, Family Justice: The Work of Family Judges in Uncertain Times (Hart Publishing 2013) [...]

Based on observations of court proceedings the book analyses the nature of activities in the lower family courts in England and Wales, showing them to be very different from the way they are commonly perceived by policy-makers. It sets these findings within an account of the place of justice in the resolution of family conflicts.


J J W Herring, 'Family Law' in All England Law Review 2012 (Butterworths Lexis Nexis 2013)

J J W Herring, 'Family Law' in A. Burrows (ed), English Private Law (OUP 2013)

J J W Herring, Family Law, 6th ed (Pearson 2013)

J J W Herring, Family Law: Questions and Answers, 2nd ed (Pearson 2013)

John Gardner, 'Finnis on Justice' in John Keown and Robert P. George (eds), Reason, Morality, and the Law: The Philosophy of John Finnis (Oxford University Press 2013)

M Köpcke Tinturé, 'Finnis on Legal and Moral Obligation' in John Keown, Robert George (eds), Reason, Morality, and Law: The Jurisprudence of John Finnis (Oxford University Press 2013)

I Goold, Flesh and Blood: Owning Our Bodies\\\\\\\' Parts (Hart Publishing 2013) (forthcoming)

V Moreno Lax, 'Frontex as a Global Actor: External Relations with Third Countries and International Organisations' in M Dony (ed), The External Dimension of the Area of Freedom, Security and Justice (Brussels: Bruylant 2013) (forthcoming)

P Eleftheriadis, 'Global Rights and the Sanctity of Life' in Glenn Cohen (ed), The Globalization of Health Care (Oxford University Press 2013)

L Gullifer and Professor Sir Roy Goode, Goode on Legal Problems of Credit and Security (5th edn, Sweet & Maxwell 2013)

P Eleftheriadis, 'Hart on Sovereignty' in Andrea Dolcetti, Luís Duarte d’Almeida and James Edwards (eds), Reading HLA Hart's 'The Concept of Law' (Hart Publishing 2013)

D Leczykiewicz, 'Horizontal Effect of Fundamental Rights: In Search of Social Justice or Private Autonomy in EU Law?' in U Bernitz and X Groussot (eds), General Principles of EU Law and European Private Law (Kluwer 2013)

J Vidmar, 'Human Rights and Democratic Legitimacy of Governments in International Law: Practice of States and UN Organs' in Panara, Wilson (eds), The 'Arab Spring': New Patterns for Democracy in International Law (M Nijhoff 2013)

W Cornish and G Dinwoodie, 'Intellectual Property' in Andrew Burrows (ed), English Private Law (3d ed) (Oxford University Press 2013) (forthcoming)

J Pila, 'Intellectual Property Law as a Case Study in European Harmonisation: Methodological Themes and Context' in A Ohly & J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)

D Sarooshi, 'International Organizations and State Responsibility' in M. Ragazzi (ed), The Responsibility of International Organizations: Essays in memory of Sir Ian Brownlie (Martinus Nijhoff 2013) (forthcoming)

D Sarooshi and A. Tzanakopoulos, 'International Organizations before United Kingdom Courts' in August Reinisch and Gregor Novak (eds), Transnational Judicial Dialogue of Domestic Courts on International Organizations ( 2013)

R J Smith, Introduction to Land Law (Pearson 2013)

I Loader, 'Introduction: Mapping the Penal Landscape of England and Wales' in A Dockley and I Loader (eds), The Penal Landscape: The Howard League Guide to Criminal Justice in England and Wales (London: Routledge 2013)

G Dannemann and S Vogenauer, 'Introduction: the European Contract Law Initiative and the ‘CFR in Context’ Project' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]

pp 1-20. This book explores the interactions between a European contract law instrument and national legal systems, using English law and German law as examples. The purpose of this Chapter is to set out the background to our enquiry and the methodology we employed. The first Part gives an overview of the ‘European contract law initiative’ which has resulted in various drafts for a European contract law regime, culminating in the two instruments that are the focus of the following chapters: the European Commission’s Proposal for a Regulation on a Common European Sales Law of October 2011 and one of its precursors, the 2009 Draft Common Frame of Reference. The second Part of this Chapter describes the Anglo-German research project which led to the present book. It will explain the overarching questions we set out to answer and the methodology employed by the authors of the various chapters.


L Zedner, 'Is the Criminal Law is only for Citizens? A Problem at the Borders of Punishment' in K Franko Aas & M Bosworth (eds), The Borders of Punishment: Migration, Citizenship, and Social Exclusion (Oxford University Press 2013)

A S Burrows, 'Is there a Defence fo Good Consideration? ' in Charles Mtichell and William Swadling (eds), The Restatement Third: Restitution and Unjust Enrichment (Hart 2013)

L Duarte d'Almeida, J Gardner and L Green (eds), Kelsen Revisited: New Essays on the Pure Theory of Law (Hart Publishing 2013) [...]

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.


ISBN: 9781849464567

I Loader and R Sparks, 'Knowledge Politics and Penal Politics in Europe' in T Daems, S Snacken and D van Zyl Smit (eds), European Penology? (Oxford: Hart 2013)

TAO Endicott, La Generalità del Diritto (Valeria Bortolotti trans, Mucchi Editore 2013) [...]

Translation into Italian of 'The Generality of Law' in Luís Duarte Almeida, Andrea Dolcetti, James Edwards (eds), Reading The Concept of Law (Oxford University Press 2013). With a new Preface on H.L.A.Hart and Jurisprudence in Oxford.


ISBN: 978-88-7000-614-8

M Paparinskis, 'Latvia' in Chester Brown (ed), Commentaries on Selected Model Investment Treaties (Oxford University Press 2013)

S Douglas-Scott, Law After Modernity (Hart Publishing 2013)

J M Eekelaar, 'Law and Community Practices' in Mavis Maclean and John Eekelaar (eds), Managing Family Justice in Diverse Societies (Hart Publishing 2013) [...]

Proposes a strategy for state law when interacting with norms of minority communities within the state which reconciles the values of respecting cultural identity with commitment to individual human rights.


ISBN: 978-1-84946-400-0

J Dickson, 'Law and Its Theory: a Question of Priorities' in R P George and J Keown (eds), Reason, Morality and Law: the Jurisprudence of John Finnis (Oxford University Press 2013)

F Pirie, 'Law and Religion in Historic Tibet' in F.&K. von Benda-Beckmann, M. Ramstedt, B. Turner (eds), Religion in Disputes (Palgrave MacMillan 2013)

N. W. Barber, 'Legal Realism, Pluralism, and Their Challengers' in Ulla Neergaard and Ruth Nielsen (eds), European Legal Method – towards a New European Legal Realism? (DJOEF Publishing 2013)

S Vogenauer, 'Lenel and Daube: a Cross-channel Friendship' in A Burrows, D Johnston and R Zimmermann (eds), Judge and Jurist: Essays in Memory of Lord Rodger of Earslferry (OUP 2013) [...]

pp 277-96. This contribution explores the relationship between two outstanding Roman law scholars, Otto Lenel and David Daube, on the basis of their correspondence in 1933 and 1934. It also discusses the influence of Daube on Alan Rodger.


J J W Herring, 'Making Family Law More Careful' in Julie Wallbank and Jonathan Herring (eds), Vulnerabilities, Care and Family Law (Routledge 2013)

S J Bright, 'Manchester City Council v Pinnock' in N Gravells (ed), Landmark Cases in Land Law (Hart 2013) [...]

This chapter explores what the case of Manchester CC v Pinnock means In terms of the rhetoric of ownership and our doctrinal thinking about property rights. It is argued that it heralds a much more contextualised understanding of what it means to assert ownership of land and of how claims for the recovery of land should be resolved. It is these dimensions that are explored in this chapter


ISBN: 9781849462570

A J B Sirks, 'Mommsen und der Codex Theodosianus' in I. Fargnoli (ed), ( 2013) (forthcoming) [...]

How reliable is Mommsen's edition of the Theodosian Code? Is there any ground for a new edition, where the books 1 to 5 are restored in the way Krüger endeavoured in his edition? The conclusion is that Mommsen's edition is reliable though in need of some improvement in some places, but that a reconstruction as envisaged by Krüger is too unreliable.


A J B Sirks, 'Mommsen und der Codex Theodosianus' in I. Fargnoli, S. Rebenich (eds), Theodor Mommsen und die Bedeutung des Römischen Rechts (Duncker und Humblot 2013) [...]

An analysis of Mommsen's edition of the Codex Theodosianus. It is submitted by way of a 'Gedankenexperiment' that Krueger's idea of reconstructing the Books 1 to 5 is not scholarly feasible; further, that the manuscript Parisinus 9634 deserves a re-edition.


Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Aircraft Equipment, 3rd Edition (International Institute for the Unification of Private Law 2013) [...]

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and associated Aircraft Protocol. Written and published pursunt to a resolution of a Diplomatic Conference in Cape Town in November/December 2001. Revised and expanded in 2008 and in 2013


ISBN: 88-86449-25-9

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Space Asset (International Institute for the Unification of Private Law 2013) [...]

Abstract:

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the 2012 Protocol on space assets. Written and published pursuant to a resolution of a Diplomatic Conference held in Berlin in 2012.


ISBN: 88-86449- 21-6

J J W Herring, 'Older People and Nursing Care' in John Tingle and Alan Cribb (eds), Nursing Law and Ethics (Wiley Blackwell 2013)

I Benöhr, 'Out-of-Court Settlement of Consumer Disputes in Financial Services' in C. Hodges and A. Stadler (eds), Resolving Mass Disputes (Edward Elgar 2013)

R Williams, 'Overpaid Taxes: A Hybrid Public and Private Approach' in Birke Haecker, Charles Mitchell, Steven Elliott (eds), Restitution of Overpaid Tax ( 2013) [...]

Continues the argument developed in 'Unjust Enrichment and Public law' in the light of the decision of the Supreme Court in FII. Argues that in Deutsche Morgan Grenfell the House of Lords took a wrong turning on the law of unjust enrichment in a public law context, a decision which has led to unnecessary and avoidable litigation, as evidenced by FII. Suggests that such litigation could in future be avoided by reversing the Deutsche Morgan Grenfell decision and adopting the hybrid public and private approach to cases of unjust enrichment involving public bodies.


ISBN: 9781849461733

S J Bright, N Hopkins and N Macklam, 'Owning Part but Losing All: Using Human Rights to Protect Home Ownership' in N Hopkins (ed), Modern Studies in Property Law (Hart 2013) [...]

“Shared ownership” is used to provide an affordable route into home ownership. Yet there is a significant problem with the shared ownership scheme; as Richardson v Midland Heart [2008] L & TR 31 shows, in the event of the home “owner” falling into rent arrears, he or she may lose not simply his or her home, but also the equity in the property. This chapter examines whether there is some way of using existing legal principles to avoid this unjust outcome by either; first, protecting the use value of the home by relying on Convention rights under the Human Rights Act 1998 to prevent termination of the “shared ownership” lease; or, secondly, recouping the investment value of the home by using human rights law to enable the home “owner” to retain the equity even if the home is lost.


ISBN: 1849463212

L Green and B Leiter (eds), Oxford Studies in Philosophy of Law (Oxford University Press 2013)

G S Goodwin-Gill, Palestine, UN Membership and Popular Representation: International Legal Challenges and Strategic Options (Mutaz Qafisheh, Cambridge Scholars Publishing 2013)

A L Young, 'Parliamentary Sovereignty Re-defined' in R Rawlings, P Leyland and A L Young (eds), Sovereignty and the Law: Domestic European and International Perspectives (Oxford University Press 2013) [...]

This chapter investigates whether Parliament should be able to bind its successors as to the manner and form in which it enacts legislation. First, it evaluates the argument of Jeffrey Goldsworthy that this should be so, provided that these restrictions do not restrict the substantive law-making powers of Parliament. It argues that Goldsworthy’s theory may be difficult to implement in practice, and that his aim of empowering Parliament to enact long-standing commitments could be achieved more clearly without creating practical difficulties, or requiring a change in the conception of sovereignty. Second, it provides a normative justification against empowering Parliament to bind its successors. Goldsworthy’s theory can be understood as an argument in favour of maximising the sovereignty of Parliament, where sovereignty is understood as unlimited law-making power. The chapter adopts a different focus, looking at the extent to which sovereignty entails the ability to determine the sphere of one’s own competences. It argues that, when understood in this light, it is more descriptively accurate and normatively justifiable to regard sovereignty as shared between Parliament and the courts. To empower Parliament to bind its successors is normatively undesirable as it could upset the delicate balance of powers in the UK constitution, where acceptance by Parliament and the courts is required to enable a change in the rules regarding the definition of Parliament and the manner in which legislation is enacted. This requirement facilitates legitimacy, ensuring that the long-standing commitments that Parliament wishes to preserve reflect the long-standing commitments shared by the people and the courts.


ISBN: 9780199684069

S Gardner, 'Persistent Rights Appraised' in N Hopkins (ed), Modern Studies in Property Law, Vol 7 (Hart Publishing 2013) (forthcoming)

B Bradford, J Jackson and M Hough, 'Police futures and legitimacy: Redefining ‘good policing’' in J Brown (ed), The Future of Policing (Routledge 2013)

J. Ryberg and J Roberts (eds), Popular Punishment: The Normative Significance of Public Opinion for Penal Theory (Oxford University Press 2013)

A Ashworth, Postitive Obligations in Criminal Law (Hart Publishing 2013) [...]

A series of essays on issues of principle in criminal law, with two new essays -- one on criminalizing omissions, and the other on human rights and positive obligations to create particular offences.


ISBN: 978-1-84946-505-2

KF Aas and M Bosworth, 'Preface' in KF Aas and M Bosworth (eds), The Borders of Punishment: Citizenship, Crime Control and Social Exclusion (Oxford University Press 2013) (forthcoming)

T Khaitan, 'Prelude to a Theory of Discrimination Law' in Deborah Hellman & Sophia Moreau (eds), Philosophical Foundations of Discrimination Law (Oxford University Press 2013) [...]

This paper engages with George Rutherglen's pessimistic view of the possibility of theorising about discrimination law. Part I will deal with the claim that discrimination law lacks internal coherence, that there is no common thread running through all the norms that together constitute the body of law we call ‘discrimination law.’ I will show that this it is possible to identify four conditions which are individually necessary and cumulatively sufficient for characterising a norm as a norm of discrimination law: the norm should have some connection with a ground that divides all persons between two or more groups, at least one of whose members must be significantly more disadvantaged in relation to members of another group defined by the same ground; and the norm must be designed to distribute the direct substantive benefits or burdens in question to some, but not all, members of a protected group. The second aspect of Rutherglen’s paper, which I will uncover in Part II, is based on an important assumption that the proper role of legal theory is to determine the outcome of adjudication in hard cases. I will show that this assumption — arising from Rutherglen’s commitment to the interpretive jurisprudence of Ronald Dworkin — is the main reason for his pessimistic conclusions regarding theoretical possibilities in discrimination law. I will also show that theorists who do not share this commitment — and perhaps even those who do — need not share Rutherglen’s pessimism. These two — relatively independent — parts together constitute a prelude to a theory of discrimination law. The findings in Part I, if true, impose important constraints on any theoretical enterprise relating to discrimination law. Part II, on the other hand, highlights the numerous possibilities that lie beyond these minimal constraints.


ISBN: 978-0-19-966431-3

A Ashworth, L.H. Zedner and P.R. Tomlin (eds), Prevention and the Limits of the Criminal Law (Oxford University Press 2013) [...]

An edited volume (with editors' introduction) on the insections between the criminal law and preventive justice, presenting arguments from leading international scholars.


ISBN: 978-0-19-965676-9

A Ashworth, L Zedner and P Tomlin (eds), Prevention and the Limits of the Criminal Law (Oxford University Press 2013) [...]

Edited volume of essays by leading criminal lawyers, political theorists and philosophers on criminalization for the purposes of preventing harmful wrongdoing.


A Ashworth and J.C.N. Horder, Principles of Criminal Law (7th edn, Oxford University Press 2013) [...]

An updated version of my text on criminal law, co-authored for the first time.


ISBN: 978-0-19-967268-4

M Bosworth and E Kaufman, 'Prison and National Identity: Citizenship, Punishment and the Sovereign State.' in D Scott (ed), Why Prison? (Cambridge University Press 2013) (forthcoming)

H Collins, 'Private Production of Transnational Law through Standard Form Contracts' in H. Eidenmuller (ed), Regulatory Competition in Contract Law and Dispute Settlement (Hart Publishing 2013)

J Pila, 'Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm' in M Pittard, A Monitti and J Duns (eds), Business Innovation: A Legal Balancing Act – Perspectives from Intellectual Property, Labour and Employment, Competition and Corporate Laws (Edward Elgar 2013)

D Kimel, 'Promise, Contract, Personal Autonomy, and the Freedom to Change One's Mind ' in ( 2013)

R Burrell and E Hudson, 'Property Concepts in European Law: The Case for Abandonment' in H Howe and J Griffiths (eds), Concepts of Property in Intellectual Property Law (Cambridge University Press 2013)

D Gangjee, 'Property in Brands: The Commodification of Conversation' in H. Howe and J. Griffiths (eds), Property Concepts in Intellectual Property Law (CUP, Cambridge 2013)

TR Tyler, J Jackson and B Bradford, 'Psychology of procedural justice and cooperation' in Gerben Bruinsma and David Weisburd (eds), Encyclopedia of criminology and criminal justice (Springer 2013) (forthcoming)

F Pirie, 'Pupillage: the Shaping of a Professional Elite' in J. Abbink & T. Salverda (eds), The Anthropology of Elites (Basingstoke: Palgrave Macmillan 2013)

N Ghanea and Farrah Ahmed, 'Religion and Human Rights: Conflicts and Connections' in Paul Hedges (ed), Controversies in Contemporary Religions, Volume 2: Public and Ethical Controversies (Praeger Publishers 2013)

Paul Weller, Kingsley Purdam, N Ghanea and Sariya Contractor, Religion or Belief, Discrimination and Equality: Britain in Global Contexts (Continuum, London and New York 2013) (forthcoming) [...]

This book will present and analyse key results of the Religion and Society programme (Arts and Humanities Research Council/Economic and Social Research Council) research project “Religion and Belief, Discrimination and Equality: Theory, Policy and Practice, 2000-2010” research project. Reflecting on a decade of change, the book will compare these results with those of a 1999-2001 Home Office commissioned research on “Religious Discrimination in England and Wales”. These findings will include data from a national questionnaire survey; the reported experiences of individuals interviewed during the project’s fieldwork; and the perspectives of those who understand themselves not be to be of any religion and who took part in project focus groups. The book will set these findings within the context of a broader consideration of the impact of legal and policy developments on religion and human rights in which, over the last decade, the category of religious discrimination has become more widely accepted, while modified by reference to belief, and also in relation to a shifting policy focus around shared values and social cohesion. The proposed book will therefore be a groundbreaking, benchmark, seminal and interdisciplinary contribution to both public and academic debate about these issues.


R George, F Judd QC, D Garrido and A Worwood, Relocation: A Practical Guide (Jordan Publishing 2013) [...]

Relocation disputes arise between separated parents when one of them proposes to move to a different geographic location with their child and the other parent objects to the plan. Whether the proposed move is within the United Kingdom or international, the consequence of either allowing or refusing a relocation application is usually of the greatest importance to the parents and children involved. Relocation: A Practical Guide offers practitioners and parents a comprehensive handbook on the law and practice which is needed to successfully handle any relocation dispute, whether it ends up in court or not. Written in an accessible style by a team of experienced specialists, Relocation: A Practical Guide explains the entire process of dealing with a relocation case. After a detailed discussion of both international and internal relocation law (including case examples and key summaries), the book moves step by step through the entire process of a case, from first discussions to final hearings and appeals. Essential relocation cases and relevant Practice Directions are also contained in the appendices, making this an indispensable guide for anyone working in this complex and fast-changing area of law and practice.


J Prassl and M Freedland, 'Resolving Ownership Invention Disputes: Limitations of the Contract of Employment' in M Pittard (ed), Business Innovation – A Legal Balancing Act (Elgar 2013)

J Goudkamp, 'Rethinking Contributory Negligence' in Erika Chamberlain, Jason Neyers and Stephen Pitel (eds), Challenging Orthodoxy in Tort Law (Hart Publishing 2013)

Bjorge, 'Right for the Wrong Reasons: Silih v Slovenia and Jurisdiction Ratione Temporis in the European Court of Human Rights' in British Yearbook of International Law ( 2013)

S Wallerstein, 'Safety Interviews, Adverse Inferences and the Relationship Between Terrorism and \'Ordinary\' Criminal Law' in Aniceto Masferrer & Crive Walker (eds), Counter-Terrorism, Human Rights and the Rule of Law: Crossing Legal Boundaries in Defence of the State (Edward Elgar Publishing 2013) (forthcoming) [...]

‘Safety’, or ‘urgent’, interview is one where the suspect is interviewed for information that might help the police protect life and prevent serious damage to property. A suspect’s right to legal advice and not to be held incommunicado could be delayed by a senior officer to enable a ‘safety interview’ to take place in order to secure public safety in situations of immediate urgency. English law permits the conduct of such interviews under strict conditions, both in investigations concerned with ‘ordinary’ criminal offences and those related to terrorism. In practice, however, it is mainly used in the context of terrorism. This paper highlights the legal arrangements and the two difficulties that are arise from possible use of the content of these interviews as evidence in a subsequent trial. The first is that the curtailment of immediate legal advice may affect the right to fair trial. The second concern deals more specifically with the possibility to draw adverse inference from silence during the interview, especially where no legal advice was given. It argues that the possibility of drawing adverse inferences from either silence or admissions made during such interviews should be rejected both as a matter of public policy, since the drawing of adverse inferences seem to be counter-productive to the aims of such interviews, and in terms of its opportunistic nature, since such interviews take advantage of the vulnerable and legally-ignorant suspect. Finally it examines the relationship between counter-terrorism and ordinary criminal law in this area and the effect that the use of such measures in the context of counter-terrorism has on other criminal investigations.


A Ashworth and J. V. Roberts (eds), Sentencing Guidelines: Exploring the English Model (Oxford University Press 2013) [...]

An edited book of essays on the English sentencing guidelines, reflecting critically on their merits both intrinsically and as compared with guidelines in other jurisdictions.


ISBN: 978-0-19-968457-1

L Green, 'Sex-Neutral Marriage' in J Feinberg, J Coleman, and C Kutz (eds), Philosophy of Law (Cengage Learning 2013) (forthcoming)

E J F Simpson, Sham Transactions (Miranda Stewart and Edwin Simpson, OUP 2013) (forthcoming)

M R Macnair, 'Sham: early uses and related and unrelated doctrines.' in Edwin Simpson and Miranda Stewart (eds), Sham Transactions (OUP 2013) (forthcoming) [...]

‘Sham’ is a late 17th century slang expression which passed into legal usage in the 1690s, first becoming a term of art in the contexts of ‘sham pleas’, and a bit later in that of ‘sham bidders’ at auction. Beyond these contexts it is not apparent that it had become a term of art before the 1850s, though there is some evidence of restrictive interpretation at that period and down to 1875. The related doctrines, which were very extensive and hence can be discussed only very briefly, are the late medieval doctrine of ‘colour’ in pleading, and its offshoot, the description of actions and transactions some of which might have been called ‘shams’ as ‘merely colourable’; ‘fraudulent conveyances’ of goods under Statute 3 Hen. VII c. 4 (1487), and of land under the Elizabethan statutes 13 Eliz. I c. 5 (1571) and 27 Eliz. I c. 4 (1585), ‘fraud apparent’ as an expression for avoidance schemes in revenue and regulatory contexts, and ‘fraud on the law' (fraus legis) [e.g. ‘fraud on the bankrupt laws’] . An example of an unrelated doctrine which, however, also produces the result that transactions are not what they seem to be, is the old property law dogma that a licence to occupy land (not consistent with the licensor remaining in occupation) is ipso facto a lease. This dogma was established in the late 15th century, apparently on numerus clausus grounds, and continuously accepted until the early 20th. Its entanglement with ‘sham’ in Street v Mountford and AG Securities v Vaughan appears to be the result of counsel and judges in those cases not appreciating the age or the scope of the doctrine on the basis of the very summary use in Glenwood Lumber v Phillips.


ISBN: 0199685347

A L Young (ed), Sovereignty and the Law: Domestic, European and International Perspectives (Oxford University Press 2013)

A. Ashworth and J Roberts (eds), Structured Sentencing in England and Wales: From Guidance to Guidelines (Oxford University Press 2013)

S J Bright, Jeremias Prassl and Hannah Glover, 'Tenancy Agreements' in E Simpson and M Stewart (eds), Sham Transactions (Oxford 2013)

S Bright, H Glover and J Prassl, 'Tenancy Agreements' in E Simpson and M Stewart (eds), Sham Transactions (OUP 2013)

M Chen-Wishart and U Magnus, 'Termination, Price Reduction and Damages' in S Vogenaur, G Dannemann (eds), The Common European Sales Law and its Interaction with English and German Law (Oxford University Press 2013) (forthcoming)

A C L Davies, 'The 'Constitutionalisation' of Labour Law: Possibilities and Problems' in KS Ziegler and PM Huber (eds), Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (Hart 2013)

R M Bagshaw, 'The Animals Act 1971' in TT Arvind and Jenny Steele (eds), Tort Law and the Legislature (Hart Publishing 2013) [...]

Account of the process that led to the passing of the Animals Act 1971 and its subsequent interpretation.


ISBN: 9781849461405

F Pirie, The Anthropology of Law. ( Oxford University Press 2013)

L Green, The Authority of the State (Chinese Edition) (China University of Political Science and Law Press 2013) [...]

Abstract: This is a Chinese translation, by Singgui Mao, of the corrected 1990 edition of The Authority of the State (Oxford University Press).

ISBN: 7562046468

K Aas and M Bosworth (eds), The Borders of Punishment: Citizenship, Crime Control, and Social Exclusion (Oxford University Press 2013) (forthcoming)

G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]

lxvii + 789 pp. European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.


ISBN: 978-0-19-967890-7

D Leczykiewicz, 'The Constitutional Dimension of Private Law Liability Rules in the EU' in D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing Oxford 2013)

S J Douglas, 'The Content of a Freehold: A 'Right to Use' Land?' in N Hopkins (ed), Modern Studies in Property Law (Hart 2013)

H Collins, 'The Contract of Employment in 3D' in D. Campbell, L. Mulcahy, S. Wheeler (eds), Changing Concepts of Contract: Essays in Honour of Ian Macneil (Palgrave MacMillan 2013)

A Tzanakopoulos, 'The Countermeasure of Disobedience: Implementing the Responsibility of International Organisations' in M Ragazzi (ed), The Responsibility of International Organisations: Essays in Memory of Sir Ian Brownlie (Martinus Nijhoff Publishers 2013) [...]

DOI: 10.1163/9789004256088_031

This short study in memory of Sir Ian Brownlie QC discusses the countermeasure of disobedience as a means of implementation of the responsibility of international organisations. Focusing on Security Council sanctions under Chapter VII of the Charter, it argues that actions of the Security Council may be illegal and thus engage the responsibility of the UN. It then argues that disobedience of such sanctions on the part of States may qualify as a countermeasure against the Organisation. This legal characterisation of disobedience has significant advantages over the 'invalidity theory' in that it subjects decentralised reaction to a specific legal framework.


ISBN: 9789004256071

S Vogenauer, 'The DCFR and the CESL as Models for Law Reform' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context: Interactions with English and German Law (Oxford University Press 2013) [...]

pp 732-52. This Chapter will assess the potential of the DCFR and the proposed CESL to serve as models for law reform. It will first set out the various ways in which sets of legal rules and principles in general and, more specifically, contract law regimes can play such a role (II.). Thereafter it will ascertain the suitability of the DCFR and the CESL to function as models (III.), and finally it will attempt to predict how this function might have a bearing in the particular context of English law and German law (IV.).


AV Lowe and A Tzanakopoulos, 'The Development of the Law of the Sea by the International Court of Justice' in J Sloan and CJ Tams (eds), The Development of International Law by the International Court of Justice (Oxford University Press 2013) [...]

This paper surveys and evaluates the contribution of the International Court of Justice to the development of the (public international) law of the sea. It does so by comparing the Court's contribution as against other 'competing' agents of development of international law, ie other adjudicators, codifiers, regulators, and lawmakers. It concludes that the impact of the Court on the law of the sea has not been great, and is now diminishing. However, it argues that the more important contribution of the Court lies less in its influence on the development of the law, and more in its authority in consolidating it.


ISBN: 978-0-19-965321-8

S Douglas-Scott, 'The European Court of Justice and the ECHR after Lisbon' in Weatherill, de Vries, Bernitz (eds), The Protection of Fundamental Rights in the EU after Lisbon (Hart Publishing 2013)

A Ohly and J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (Oxford University Press 2013)

G Dinwoodie, 'The Europeanisation of Trade Mark Law' in Ansgar Ohly & Justine Pila (eds), The Europeanisation of Intellectual Property Law (Oxford Univ. Press 2013) (forthcoming) [...]

This Chapter analyses one harmonisation project within European intellectual property law, namely, the recent development of trade mark law within the European Union (EU). It highlights several characteristics of trade mark harmonisation within the European Union. First, harmonisation of national trade mark laws in the Union has been “tight”. In this regard, for reasons that make sense in the European political and legal theatre, it is different from the international model of so-called “minimum rights” harmonisation that drove convergence of trade mark norms for the preceding century. Second, the Trade Mark Directive (with the aid of the Court of Justice and national courts) has effected almost total harmonisation of substantive trade mark law, belying the claims of limited harmonisation that are found in the recital to that Directive. Third, the Court of Justice has exhibited a tendency to limit any room for member state manoeuvre, for example, finding that even optional provisions of the Directive must be given a single European meaning. The Court has paid little attention to concerns of subsidiarity. Finally, additional pressure to find single European solutions results from the existence of a Trade Mark Regulation that creates a counterpart unitary regional right (the Community Trade Mark, or CTM) and attendant EU institutions to administer and enforce that right. This parallel EU-level regime tends to reinforce the idea that trade mark law has been wholly Europeanised, and exerts pressure on the content of Directive-driven national law because the demands of vertical coherence have trumped the potential benefits of regulatory competition between national and regional regimes. In short, there has over the past twenty years been an extensive and deep Europeanisation of trade mark law. But this in turn raises ongoing questions about how best to develop harmonised European principles, because harmonisation is a dynamic lawmaking process and not a static legislative instrument. In this Chapter, I consider how the process of harmonisation has affected the development of optimal principles of trade mark law, an analysis that is necessarily informed by substantive preferences. It is only by measuring harmonisation by reference to some form of substantive metric that a full assessment of the harmonisation process can be made. I suggest that it important to recognise the important role of national courts in the development of EU trade mark law (in part because of the nature of the field of law), and that paying attention to national legal traditions would assist the Court of Justice in improving the quality of European trade mark law.


A Braun, 'The Framing of a European Law of Trusts' in L. Smith (ed), The Worlds of the Trust (CUP, Cambridge 2013)

TAO Endicott, 'The Generality of Law' in Luís Duarte Almeida, Andrea Dolcetti, James Edwards (eds), Reading The Concept of Law (Oxford University Press 2013) (forthcoming) [...]

Chapter 2 of The Concept of Law is an accidental essay on the generality of law. Hart points out ways in which generality is a necessary feature of law. I point out ways in which his account can be made more complete, and I argue that law necessarily involves particularity as well as generality. Then I ask what ‘necessary’ means in all these claims. It is a popular idea that legal theorists should not try to identify necessary features of law; I argue that the popular idea is a mistake. I conclude by arguing that Hart should have been more willing to pass value judgments about law: the elucidation of the necessary features of law depends on an elucidation of the value of law.


ISBN: 978-1849463249

M Hough, J Jackson and B Bradford, 'The governance of criminal justice, legitimacy and trust' in Sophie Body-Gendrot, Mike Hough, Klara Kerezsi, Rene Levy and Sonja Snacken (eds), The Routledge handbook of European criminology (Routledge 2013)

A L Young, 'The Human Rights Act 1998, Horizontality and the Constitutionalisation of Private Law' in Katja Ziegler and Peter Huber (eds), Current Problems in the Protection of Human Rights (Hart Publishing 2013)

Simon Whittaker, 'The Internal Relationships of EU Consumer Contract Laws: Unfair Contract Terms, Unfair Commercial Practices and the CESL' in L. Moccia (ed), The Making of European Private Law: Why, How, What, Who (Sellier 2013)

M Paparinskis, The International Minimum Standard and Fair and Equitable Treatment (Oxford University Press 2013)

D Leczykiewicz and Stephen Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing Oxford 2013)

TAO Endicott, 'The Irony of Law' in John Keown and Robert P George (eds), Reason, Morality, and Law: The Philosophy of John Finnis (Oxford University Press 2013) [...]

John Finnis says that central cases of the concepts of social theory fully instantiate values that are instantiated in more-or-less watered-down ways in peripheral cases. I argue that the central case of a concept essential to social theory may excel in some specific good or in some specific ill, or in neither, or in both. As for law, the central cases of a legal system, or of a law, do indeed involve goods that Finnis ascribes to them; the central cases also involve certain ills. That is the irony of law. It secures essential goods for a community, and also (and, in fact, by the same token) it incurs certain ills that are necessarily involved in its specific techniques for securing those goods. I conclude by pointing out a resulting tension over a legal system’s regulation of the validity of its own legal norms.


ISBN: 978-0-19-967550-0

M Bridge, L Gullifer, S Worthington and G McMeel, The Law of Personal Property (Sweet & Maxwell 2013)

Simon Whittaker, 'The Notion of Damage in EU Consumer Contract Law' in E. Terry, G. Straetmans, V Colaert (eds), Landmark Cases of EU Consumer Law in Honour of Jules Stuyck (Intersentia 2013)

S J Bright and L Whitehouse, 'The Opportunities and Challenges of Empirical Work: Housing Possession in Theory and in Practice' in Bram Akkermans, Eveline Ramaekers and Ernst Marais (eds), Property Law Perspective II (Antwerp: Intersentia 2013) (forthcoming) [...]

This paper explains how empirical enquiry of the kind unburdened by the pursuit of a particular hypothesis or strict adherence to scientific methods, has much to offer in terms of developing our understanding of law and, in particular, the traditionally doctrinal field of property law, providing insights into the operation of law that cannot be learned from books alone. The argument is discussed in the context of an ongoing research project by the authors that investigates whether ‘non-financial’ considerations are taken into account during the process of housing possession, looking at both owner-occupied and rented housing. The project is a broad enquiry exploring the extent to which issues other than property rights and the ability to pay are considered when it comes to losing a home, that is, matters such as the welfare of children, health problems, community networks, attachment and so on. The study is not confined to the ultimate decision making stage, when the judge decides whether or not to order possession, but looks also at how non-financial factors inform decisions made earlier on, such as whether a mortgagee thinks that the time has come to issue possession proceedings. Although the study is of possession proceedings in England, and is based around the English legal system, the purpose of this paper is not to report on the research findings but to make a point of broader significance in relation to the role of empirical research within legal scholarship.


I Loader and A Dockley (eds), The Penal Landscape: The Howard League Guide to Criminal Justice in England and Wales (London: Routledge 2013)

D J Galligan, 'The People, the Constitution, and the Idea of Representation' in D. J. Galligan and E. Versteeg (eds), The Social and Political Foundations of Constitutions (Cambridge University Press 2013)

A Tzanakopoulos, 'The Permanent Court of International Justice and the “International Community”' in M Fitzmaurice, CJ Tams (eds), Legacies of the Permanent Court of International Justice (Martinus Nijhoff Publishers 2013) [...]

DOI: 10.1163/9789004244948_015

The purpose of this brief study is to gauge what the Permanent Court of Internation-al Justice might have had to say about the nebulous concept of the ‘international community’, as the Court administering the law of that community, but also developing it, thereby contributing to the stabilization and further integration of that community. This is done by ‘reverse-engineering’ the jurisprudence of the PCIJ, seeking to canvass how the Court understood the concept of the 'international community' and how it would have wanted it to evolve. The study surveys the Court’s case law for what are commonly accepted as the ‘hallmarks’ of an (international) community, or at least those commonly associated with the idea: the make-up of the community; the concept of obligations and action in the ‘general’ interest; and the existence of institutions providing protection of the community interest.


ISBN: 9789004244931

J J W Herring, 'The Power of Naming: Surnames, Children and Spouses' in M. Freeman and F. Smith (eds), Law and Language (OUP 2013) [...]

This chapter critques the law and practices surrouding the use of surnames in marriage and for children.


J J W Herring, 'The right to protection from domestic abuse' in I. Kucuardi (ed), Violence and Human Rights (Maltepe University 2013)

G Lamond, 'The Rule of Recognition and the Foundations of a Legal System' in Andrea Dolcetti, Luís Duarte d’Almeida and James Edwards (eds), Reading HLA Hart's 'The Concept of Law' (Hart Publishing 2013)

A Ashworth, 'The Struggle for Supremacy in Sentencing' in A. Ashworth and J.V. Roberts (eds), Sentencing Guidelines: Exploring the English Model (Oxford University Press 2013) [...]

An analysis of the politics of sentencing in the first decade of this century, assessing the positions of the judiciary, the government and the sentencing guideline bodies and their respective influences on sentencing policy.


ISBN: 978-0-19-968457-1

P P Craig, 'The United Kingdom, the European Union and Sovereignty' in R Rawlings, P Leyland and A Young (eds), Sovereignty and the Law, Domestic, European and International Perspectives ( 2013)

R O'Keefe, CJ Tams and A Tzanakopoulos (eds), The United Nations Convention on Jurisdictional Immunities of States and their Property: A Commentary (Oxford University Press 2013) [...]

Article-by-article commentary of the 2004 UN Convention on Jurisdictional Immunities of States and their Property.


ISBN: 978-0-19-960183-7

Redgwell, 'The Wrong Trousers: State Responsibility and International Environmental Law ' in M. Evans and P. Koutrakos (eds), The International Responsibility of the European Union – European and International Perspectives (Hart Publishing 2013) [...]

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.


D J Galligan and M. Versteeg, 'Theoretical Perspectives on the Social and Political Foundations of Constitutions' in D. J. Galligan and M. Versteeg (eds), The Social and Political Foundations of Constitutions (Cambridge University Press 2013) (forthcoming) [...]

The essay examines several theoretical approaches to the social and political understanding of constitutions


ISBN: 9781107032880

J Rowbottom, 'To Punish, Inform, and Criticise: The Goals of Naming and Shaming' in J. Petley (ed), Media and Public Shaming ( 2013)

A Mullis and D P Nolan, 'Tort' in All England Law Reports Annual Review 2012 (Butterworths LexisNexis 2013)

J Goudkamp, Tort Law Defences (Hart Publishing 2013)

D P Nolan and J Davies, 'Torts and Equitable Wrongs' in A Burrows (ed), English Private Law (3rd edn) (OUP 2013)

D Gangjee, 'Trade Mark Dilution in India' in D. Bereskin (ed), Trademark Dilution and Free-Riding: An Analysis of International Law (Thomson Reuters 2013)

H Beale and WG Ringe, 'Transfer of rights and obligations' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context – Interactions with English and German Law (OUP 2013) [...]

The rules on assignment and transfer of rights and obligations are currently outside the scope of the proposed CESL. In contrast, the original DCFR from 2009 includes a chapter on these issues. Questions outside the scope of CESL are left to be solved by the ‘domestic’ provisions of the national law that is applicable under the relevant conflict-of-laws provisions. This paper is part of the larger CFR Context research project and explores interactions of the system of assignment of receivables under a future European contract instrument with both English and German national laws. This concerns above all other areas of law, for example the rules that apply upon the insolvency of one of the parties (in particular that of the assignor) and the rules on public policy. Key differences between the jurisdictions include, inter alia, the proprietary aspects of the assignor’s insolvency where the assignor is paid by the debtor, the priority rule for competing assignments, and the effects of a non-assignment clause. Here, the choice of the optional instrument rather than either English or German law will lead to diverging results and may therefore prejudice any of the parties involved.


ISBN: 9780199678907

A Tzanakopoulos, 'Transparency in the UN Security Council' in A Bianchi, A Peters (eds), Transparency in International Law (Cambridge University Press 2013) [...]

DOI: 10.1017/CBO9781139108843.021

This paper discusses transparency in the working method of the United Nations Security Council. It describes the institutional design of the organ and the evolution of Security Council powers, and seeks to identify whether there is an obligation for the Council to act in a transparent manner in the exercise of its powers. The paper argues that transparency is an 'ancillary' obligation incumbent on the Council, to allow for decentralised control over the exercise of its powers by Member States of the UN. Transparency having no independent normative charge, we do not how much of it is good -- this is determined by a pattern of protest and reaction between the Security Council and the Member States called upon to implement its decisions.


ISBN: 978-1107021389

G Loutzenhiser, 'Trompe-l’oeil: The sham doctrine in the Canadian tax courts' in Miranda Stewart and Edwin Simpson (eds), Sham Transactions (OUP 2013) (forthcoming)

I Loader and R Sparks, 'Unfinished Business: Legitimacy, Crime Control and Democratic Politics' in J Tankebe and A Liebling (eds), Legitimacy and Criminal Justice: An International Exploration (Oxford Oxford University Press 2013)

J Vidmar, 'Unilateral Declarations of Independence in International Law' in French (ed), Statehood, Self-Determination and Minorities: Reconciling Tradition and Modernity in International Law (Cambridge University Press 2013)

D Sarooshi and A Tzanakopoulos, 'United Kingdom' in A Reinisch (ed), The Privileges and Immunities of International Organizations in Domestic Courts (Oxford University Press 2013) [...]

DOI: 10.1093/acprof:oso/9780199679409.003.0016

This paper surveys and analyses the case law of United Kingdom courts on questions of personality and immunity of international organizations, as well as on the question of liability of members for the acts of the organization, focusing in particular on the various cases surrounding the collapse of the International Tin Council in the 1980s.


ISBN: 978-0-19-967940-9

J J W Herring, 'Victims as Defendants: When victims participate in crimes against themselves.' in A Reed and M Bohlander (eds), Participation in crime (Ashgate 2013) [...]

A chapter analysing the Tyrell principle and generally cases where the victim has contributed to a crime against her/himself


ISBN: 9781409453451

J J W Herring and Julie Wallbank, Vulnerabilities, Care and Family Law (Routledge 2013)

J Pila, 'What Patent Law for the European Union? Lessons from the Patent Jurisprudence of the CJEU / Quel Droit Des Brevets Pour L\'Union Europeenne? Les Enseignements De La Jurisprudence De La CJUE' in C. Geiger (ed), What Patent Law for the European Union? (Litec 2013)

Simon Whittaker, 'Who determines what civil courts decide? Private Rights, Public policy and EU law' in D.Leczykiewicz and S. Weatherill (eds), The Involvement of EU Law in Private Relationships (Richard Hart 2013)

F Pirie, 'Who were the Tibetan Lawmakers?' in C. Ramble, P. Schweiger, and A. Travers (eds), Tibetans who Escaped the Historian?s Net (Kathmandu: Vajra Books 2013)

I Loader, 'Why do the Police Matter? Beyond the Myth of Crime Fighting' in J Brown (ed), The Future of Policing (London: Routledge 2013)

R J Smith, 'Williams and Glyn\'s Bank v Boland' in Gravells (ed), Landmark cases in Land Law (Hart 2013) (forthcoming)

N E Stavropoulos, 'Words and Obligations' in Andrea Dolcetti, Luis Duarte d'Almeida, James Edwards (eds), Reading the Concept of Law (Hart Publishing 2013) (forthcoming)

S Vogenauer, 'Zivilprozessuale Folgen subjektiver und objektiver Interpretationslehren: Das Reichsgericht und die Revisibilität der Auslegung von Willenserklärungen' in A Kiehnle, B Mertens and G Schiemann (eds), Festschrift für Jan Schröder zum 70. Geburtstag (Verlag Mohr Siebeck 2013) [...]

pp 221-45. The article traces the case law of the German Imperial Court in the late 19th and the early 20th centuries with regard to one of the procedural issues regarding the interpretation of contracts under German law, i.e. whether this is a question of law (which can be assessed by the court of last resort) or a question of fact (on which the assessment of the lower courts is conclusive). The procedural issue is linked to the meta-theories of contractual interpretation prevailing at a given time: as long as a subjective approach was predominant, interpretation was regarded as determining the 'true' intention of the parties, and thus as a question of fact; when the objective approach gained prominence, interpretation was regarded as attributing the 'correct' meaning to the words, so it was increasingly seen as a question of law.


A Johnston, '‘Spillovers’ from EU Law into National Law: (Un)intended Consequences for Private Law Relationships' in Dorota £eczykiewicz and Stephen Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing 2013)

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