Considers the proposals by the Law Commission for the reform of the law of personal property security interests

ISBN: 0959-6941

Discusses typical assignment clauses in contracts and their legal significance

ISBN: 0295.583

Written originally as a contribution to a collection of essays in honour of Professor Francis Reynolds this article discusses the extent to which judgments or orders of a court in the state of origin of arbitral proceedings in an international commercial arbitration should be respected by courts of the state of enforcement, and examines the theory of the delocalised arbitral award.

ISBN: 0957 0411

xxxiv + 580 pp. English Commercial and Business Law Das Werk behandelt - sehr praxisorientiert und zugleich wissenschaftlich fundiert - die im täglichen Rechtsverkehr mit England auftretenden Fragen. Dazu gehören z. B. die Besonderheiten des englischen Vertragsrechts, Warenkauf, Arbeitsrecht, Gesellschaftsrecht, Insolvenzrecht, Wettbewerbsrecht, internationales Zivilprozess- und Privatrecht einschließlich Schiedsverfahrensrecht u.v.m. Das Buch ist nicht nur für Geschäftsverbindungen mit England eine unerlässliche Hilfe. Da englisches (Handels-)Recht in vielen wirtschaftlich bedeutenden Ländern zur Anwendung kommt, genießt es Weltgeltung. Zudem wird im internationalen Handelsverkehr sehr häufig ein englischer Gerichtsstand oder Schiedsort und englisches Recht als "neutrales Recht" vereinbart, wenn sich die Parteien nicht auf das Recht einer der Vertragsparteien einigen können. Sachgebiete: Englisches Handelsrecht, englisches Wirtschaftsrecht, englisches Vertragsrecht, Handelsgeschäfte, Warenkauf, englisches Arbeitsrecht, englisches Gesellschaftsrecht, englisches Insolvenzrecht, englisches Wettbewerbsrecht, englisches internationales Zivilprozess- und Privatrecht. ISBN 978-3-8005-1346-8

Although published under the name of "Carver", this is an entirely new text on bills of Lading written by the above co-authors. The major change in this edition is that it takes account of the new UN Carriage of Goods Convention known as the Rotterdam Rules, considering them not only as a self-contained body of rules but also exploring their effect on current rules of English law.

p1-589 written by Guenter Treitel and p591-830 by Professor Reynolds.

ISBN: 9780414048522

Analyses the concept of fungibility in relation to intangible property and seeks to show that things often described as fungibles, eg shares, are in fact single assets the subject of co-ownership, so that questions of appropriation and identification do not arise.

ISBN: 0-19-9258566-2

4th edition of this well-known key text by Sir Roy Goode

DOI: 10.1017/S0008197310000516

Company law has long been in conflict with European Union law. Whereas the traditional approach of the European Court of Justice was to challenge national company law rules that were applied to foreign companies under the freedom of establishment (Centros and its progeny), recent case-law suggests that the Court might embark on a general assessment of domestic company law rules. This tendency is based on an extended interpretation of the free movement of capital, which became most prominently relevant in the recent Volkswagen case. A systematic analysis of the latter fundamental freedom and its relationship to company law demonstrates that this tendency is not without risk and might well end up in a ‘quality control’ of national company law through the ECJ. However, differentiated outcomes will be found depending on the actor in question (private party or State), and depending on the beneficiary of the measure at stake. It is argued that State measures potentially will always trigger the scope of application of the free movement of capital, irrespective of their nature or objective. Hence, even general statutory company law can be caught by this fundamental freedom. However, the decisive test will be identified as whether the measure has a ‘deterring effect’ on potential investors from other Member States. Special rights for the State are one extreme example which are surely caught by EC law, and purely private arrangements within the articles of association, are the other extreme. This test is recommended to serve the Court as guidance in future cases.

DOI: 10.1111/j.1740-1461.2009.01157.x

It is often assumed that strong securities markets require good legal protection of minority shareholders. This implies both “good” law—principally, corporate and securities law—and enforcement, yet there has been little empirical analysis of enforcement. We study private enforcement of corporate law in two common-law jurisdictions with highly developed stock markets, the United Kingdom and the United States, examining how often directors of publicly traded companies are sued, and the nature and outcomes of those suits. We find, based a comprehensive search for filings over 2004–2006, that lawsuits against directors of public companies alleging breach of duty are nearly nonexistent in the United Kingdom. The United States is more litigious, but we still find, based on a nationwide search of court decisions between 2000–2007, that only a small percentage of public companies face a lawsuit against directors alleging a breach of duty that is sufficiently contentious to result in a reported judicial opinion, and a substantial fraction of these cases are dismissed. We examine possible substitutes in the United Kingdom for formal private enforcement of corporate law and find some evidence of substitutes, especially for takeover litigation. Nonetheless, our results suggest that formal private enforcement of corporate law is less central to strong securities markets than might be anticipated.

One of the key features of the new Europe-wide legal form "European Company" ("Societas Europaea" or "SE") is the possibility of transferring the company’s seat from one Member State to another without having to be wound up or to re-register. As this possibility does not exist for companies formed under national law, the formation of an SE will often present the only possibility for companies to transfer their incorporation and corporate headquarters between Member States. This is a big advantage and a milestone towards the European Internal Market. However, some doubts remain as to the practicability of the system. The mandatory linkage of the head office to the registered office within the same Member State according to Article 7 of the SE Regulation is very problematic and, in light of recent ECJ decisions such as Centros, Überseering and Inspire Art, may violate EC primary legislation. Why should companies that are formed under national law be allowed to have the head office in a Member State different from their registration state, while an SE—as an instrument of Community law and a symbol of the Internal Market—is not? Furthermore, the detailed procedural rules laid down in the Regulation are sometimes overprotective and may significantly reduce the attractiveness of the SE’s mobility. It is argued that Article 7 of the SE Regulation is secondary law that itself is inconsistent with the (primary) EC Treaty. Furthermore, the Member States also tend to be overprotective when enacting safeguard measures for the benefit of creditors, minority shareholders and employees. Here again, freedom of establishment does not allow protectionist measures that contravene the gist of the SE’s mobility.

ISBN: 1473-5970

This is a textbook on English company law which deals with all the elements of core company law (separate legal personality, limited liability, board and shareholder relations, majority and minority shareholder relations, accounts and audit) as well as with corporate finace (including share issues, market manipulation and takeovers). It aims to provide a strong analytical structure as well as a detailed treatment of the law.

ISBN: 978-0421-94900-3

European corporate law has enjoyed a renaissance in the past decade. Fifteen years ago, this would have seemed most implausible. In the mid-1990s, the early integration strategy of seeking to harmonise substantive company law seemed to have been stalled by the need to reconcile fundamental differences in approaches to corporate governance. Little was happening, and the grand vision of the early pioneers appeared more dream than ambition. Yet since then, a combination of adventurous decisions by the Court of Justice, innovative approaches to legislation by the Commission, and disastrous crises in capital markets has produced a headlong rush of reform activity. The volume and pace of change has been such that few have had time to digest it: not least policymakers, with the consequence that the developments have not always been well coordinated. The recent 2007/08 financial crisis has yet again thrown many - quite fundamental - issues into question. In this article, we offer an overview that puts the most significant developments of this decade into context, alongside each other and the changing patterns of corporate structure in European countries.

The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rules are one of the instruments frequently used to restrict or to discourage integration or to deter foreign investment. Examples for the new protectionism can be seen in a wide range of legislative and regulatory measures, for instance state measures preventing foreign takeovers, 'golden shares' or laws on foreign direct investment targeting Sovereign Wealth Funds, mainly from Asia. This book presents timely research by a number of company law and EU law experts into this field of law. The chapters cover a broad range of topics, spanning from takeovers/mergers over the one share-one vote debate through to the foreclosure of markets against Sovereign Wealth Funds.

This book explains in detail how and why the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets

ISBN: 978-0-19-956584-9

With the introduction of the new legal form of the European Company Statute ('Societas Europaea') at the end of 2004, European Community lawmakers have created an instrument which enables large European firms to choose a corporate structure which is based on the same standards in all of the European Community. One special advantage of this new legal form is the simplification of cross-border restructuring, in particular the transfer of the corporation's registered office to another country. However, the statutory provisions for this transfer are relatively restrictive and do take the creditors' and shareholders' request for protection into consideration. The book studies the extent to which these newly-created regulations for the transfer of a European Company’s seat comply with the requirements of an authentic legal form of European Community law, and in particular whether or not they are compatible with the basic freedoms stipulated in the EC Treaty.

ISBN: 978-3-16-149102-3

In the wake of the economic crisis of 2008/09 the debate about the desirability of control-enhancing mechanisms that deviate from the traditional one-share-one-vote standard has been reinvigorated. This debate can be seen in the discourse of policy makers and academics that advocate the introduction of multiple voting rights in an attempt to curb the short-termism that is perceived by many to have provided the prevalent business incentive prior to the financial crisis. Alongside such discourse there buds a renaissance in the use of golden shares, in the hope, inter alia, of protecting European industries against Sovereign Wealth Funds from the Middle and Far East. Most of these proposals appear to be ill-advised. In the continental European context, they would reinforce the existing blockholder-dominated share structures to the detriment of minority shareholders. But even in the UK, where the possible introduction of deviations from OSOV has been advanced, these suggestions have to be greeted with reservations. The current discussion seems to leave well-established legal and economic ground actively to support protectionist market forces.

Annotated guide on the European Company Statute

In 2008 the European Commission put forward proposals for a European Private Company (SPE), following up on the adoption of the European Public Company legislation of 2001. Although speedy adoption of the SPE proposals was initially hoped for, subsequent negotiations among the member states have stalled, despite at least two revised drafts of the proposals having been produced by the Presidency of the European Council. This article seeks to identify the challenges posed to the national company laws of the member states by the Commission’s proposals for a ‘simple and flexible’ Community form of incorporation. It seeks to argue that the discussions among the member states have revolved mainly around the question of the appropriate role for mandatory rules in modern company law. Member states have been reluctant to see the SPE freed from mandatory rules to which their national companies are subject, because of the competition to their national laws which the SPE would generate. On the other hand, member states with few mandatory rules in their domestic law have been reluctant to see the SPE burdened with mandatory rules which do not apply to domestic companies, because otherwise their businesses will be deterred from taking up the new European form and obtaining its advantages. The article predicts that, of the possible legislative solutions to this confl ict, referring more of the rules applicable to the SPE to the national law of the state in which the SPE is registered is likely to be the dominant one, even though this will undermine both the uniformity and flexibility goals of the proposed legislation. It also considers how effective the ‘national law’ strategy is likely to be in the light of the Treaty provisions on freedom of establishment

When the European Commission fi rst proposed a harmonised legal framework for takeovers in the EU, its aim was to facilitate takeover bids in order to create a more effi cient and competitive corporate landscape and to further the single market. In the view of the Commission, a functioning market of corporate control required rebalancing the division of powers between shareholders and management in companies facing a takeover bid. Taking the UK, EU’s most active takeover market, as a model, the Commission proposed to assign the sole decisionmaking power regarding the bid to the shareholders, with management primarily playing an advisory role. This so-called board neutrality rule, however, caused much controversy among the member states, and it was one of the main reasons for the Takeover Directive’s notoriously long adoption history. Failing to achieve consensus on this topic, the Takeover Directive was finally adopted in a “watered down” version, without a mandatory board neutrality rule. Instead, a rather complicated system of “options” was introduced, both at member state and at company level. Although it was clear that this approach would not create the same barrier-free market for corporate control the Commission originally had in mind, it was still hoped that it would be a step in this direction. At the very least, it was certainly expected that this approach would retain the status quo. This paper examines how the implementation of the Directive changed the takeover rules applicable to European companies. To that end, we analyse the pre-implementation rules regarding management’s role in takeovers in all member states, and compare them with the current legal framework. We find that, instead of facilitating the Commission’s ideal of a comprehensive, mandatory board neutrality rule, the Directive has, in aggregate, likely had an opposite effect. We argue that there are signs of protectionist motives driving member states’ choices regarding board neutrality, and we fi nd that the system of company-level choices is ineffective in its current form. We propose a simplifi ed and more coherent board neutrality rule, solely based on shareholder decision making. Acknowledging that a system allowing management to prevent unwanted bids might have advantages over a pure board neutrality rule in certain circumstances, we argue that shareholders are in a better position to decide on the optimal rules for a particular company than legislators.

Discussion of the option 4 (the 'Optional Instrument') in the Commission's Green Paper on policy options for progress towards a European Contract Law for consumers and businesses (2010). [Paper first presented at SECOLA conference, Leuven, January 2011.]

ISBN: 1614-9920

Le Code civil contient une faille structurelle : son chapitre 4.3.2 (« des délits et des quasi-délits ») est censé, par construction, se rapporter à la responsabilité fondée sur un délit ou un quasi-délit, c’est-à-dire sur un acte fautif. Pourtant, ce chapitre contient des faits générateurs de responsabilité non-coupables : le contenu ne correspond donc pas au contenant. La cause, c’est que le droit français moderne a réécrit la dichotomie romaine entre obligations ex delicto et quasi ex delicto, lui faisant perdre son caractère exhaustif. Une conséquence en est que la notion de faute a été soumise à une force centrifuge considérable, tendant à la vider de sa condition historique de culpa.

ISBN: 0397-9873

This article considers the scope, purposes and use of 'principle' by the contract law provisions of the Draft Common Frame of Reference

ISBN: ISSN 0023-933X

This translates the author's earlier work 'Precedent in English Law: A View from the Citadel' which explains the rules and some of the working out of the precedent by English judges to a non-common law readership.

ISBN: 0726-0747

Abstract: English judge-made law, like Roman law in its own time, is divided into strict law and equity. Today, this division can be described as hysteretic, insofar as it is based on now by-gone causes. The issue is therefore bound to arise, 130 years after their procedural fusion, of the substantive fusion (or integration) between these two bodies of law. The present shorter article follows up on Professor Worthington’s recent Equity, in which the writer advocated this option and, for the first time, attempted to flesh it out in a methodical fashion. It sets out to examine the taxonomical argument for fusion. Its gist is that the concept of equity, being defined procedurally rather than substantively, is an intruder within the modern English legal landscape, which is dominated by substance-based categories. This means that the only option for equity is to disappear as an autonomous legal category.

English judge-made law, like Roman law in its own time, is divided into strict law and equity. Today, this division can be described as hysteretic, insofar as it is based on now by-gone causes. The issue is therefore bound to arise, 130 years after their procedural fusion, of the substantive fusion (or integration) between these two bodies of law. The present shorter article follows up on Professor Worthington’s recent Equity, in which the writer advocated this option and, for the first time, attempted to flesh it out in a methodical fashion. It sets out to examine the taxonomical argument for fusion. Its gist is that the concept of equity, being defined procedurally rather than substantively, is an intruder within the modern English legal landscape, which is dominated by substance-based categories. This means that the only option for equity is to disappear as an autonomous legal category.

ISBN: 0556-7963

The author explores some of the difficulties facing English lawyers in implementing EC directives in the area of 'contract law' and compares them with those facing lawyers in systems with codified laws.

ISBN: 1614-9920

This article criticises the suggested reforms to French extra-contractual liability for fault contained in the L’avant-projet de réforme du droit de la responsabilité (2005) (the 'Avant-projet Catala').

ISBN: 978-2-275-02775-3

This article considers the desirability of the development of sector-specific European standard contract terms and puts forward four main reasons why such a development should be given a cool reception.

ISBN: 1614-9920

This article attempts to explain the doctrine and practice of judicial use of precedent in English law to lawyers from other and especially non common law systems.

This article compares the use in English and French law of two techniques for the control of the content of contracts: (i) the insertion of standard terms into contracts by law and (ii) the control of the fairness of agreed contract terms. It examines the relationship between these two and considers the different mixtures of public and private law which are revealed.

ISBN: 0928-9801

Explains the strategy of English law in relation to breach of contract in terms of a right to the subject-matter of the debtor's obligation rather than to performance of the contract by the debtor.

lxxxiv + 1358 pp. This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (Vienna Sales Convention, UNIDROIT, Principles of European Contract Law and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General; Formation; Validity; Interpretation and Contents; Supervening Events; Remedies; Third Parties; The Tort/Contract Divide; Causation; Remedies; Fault and Unlawfulness; Liability for Others; Liability not based on fault as well as defences.

ISBN: 9781841136042

A volume within the Common Core of European Private Law: a comparative study of the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The study comprises specialist reports from 16 national legal systems, and other perspectives, with Editors' introduction and conclusions.

ISBN: 9780521516013

This book is a general work introducing the French legal system and French substantive law to a non-French (and in particular common law) readership. S. Whittaker is one of the editors and wrote the section on civil procedure and the chapter on the law of obligations.

ISBN: 978-0-19-954138-6

Abstract: A study of the rise of a legal academic profession in England and its relationship with the judiciary. The work investigates whether the role of legal scholarship can still be defined as one of the cardinal differences between the English and the continental legal traditions. The first part of the book traces the history of the formation of a community of legal academics in England from the nineteenth century to the present day, thereby reconstructing the role of the English universities in legal education (Chapter 1). Emphasis is placed on the impact the emergence of the community had on the development of both legal education (Chapter 2) and legal literature (Chapter 3), as well as on the transformation of English legal scholarship over the last three decades (Chapter 4). The second part of the book is dedicated to the study of the relationship between the community of legal academics and the judiciary and its development since the late nineteenth century. As well as an examination of the role and nature of the famous ‘books of authority’ (Chapter 5) and the impact of the traditional convention forbidding the ‘citation of living authors’ (Chapter 6), the second part of the book consists largely of an analysis of the way English judges communicate with the academic profession and the changes in the citation practice of English courts. Attention is also paid to the different ways legal academics assist judges in the decision-making process (Chapter 7). Furthermore, two particular branches of law, restitution and criminal law, are analysed in an attempt to show how academics have contributed to their development (Chapter 8). Finally, the developments in England are placed within the context of the role of academic lawyers in other European legal systems. This book has been reviewed in: (2008) 1 Revista Catalana de Dret Privat (Antoni Vaquer) (forthcoming) (2008) Rivista di diritto comparato pubblico ed europeo (Alessandro Torre) (forthcoming) (2008) 125 Zeitschrift für Rechtsgeschichte (Filippo Ranieri) (forthcoming) (2007) Anuario de Derecho Civil, Tomo LX, fasc. III, 1404 (Esther Arroyo i Amayuelas) (2007) 66 Cambridge Law Journal 474 (John Bell) (2007) 123 Law Quarterly Review 654 (Michele Graziadei) (2006) 55 American Journal of Comparative Law 197 (Patrick Glenn) Selected as one of the ‘Law Books of the Year 2007’ in Germany: (2007) 46 Neue Juristische Wochenschrift, 3332.

ISBN: 8815113487

Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.

Comparative discussion of defects of consent (mistake, misrepresentation, fraud, duress, etc) in English, French and German contract law and under the Draft Common Frame of Reference.

ISBN: 978-90-411-3357-1

Discussion of difficulties of translation of the l’avant-projet de réforme du droit des obligations into English; publication of paper originally given at colloquium at the Senate, Paris, on 1 April 2008.

ISBN: 978-2-913397-99-6

pp 1-184

This article explains and assess the category of 'contracts for services' in English law and its relationship to other contracts. It then compares this to the approach taken by the Draft Common Frame of Reference

Discussion of how English courts may be faced with interpreting the Cmmon Frame of Reference, with particular reference to duties of good faith in negotiation and performance of contacts.

ISBN: 9783866531277

pp. 3-28

pp. 235-268.

Comparison of the approaches of different European legal systems to liability between parties during the negotiations for a contract. Published paper from conference on ‘L’avant-contrat’, Le Centre de droit privé et de sciences criminelles d’Amiens, Université de Picardie Jules Verne, 4 April 2007.

ISBN: 978-2-95187-128-1

Comparison of the different approaches of French and English law to the acceptance (or not) of an obligation to negotiate during the precontractual phase. Published paper from conference on ‘La concurrence des systèmes juridiques’, Institut de droit comparé Edouard Lambert, Lyon, 20 October 2006

ISBN: 9782731406245

pp. 1000-1036. A comparative analysis of the provisions on contracts for the benefit of third parties in the French 'Avant-projet de réforme du droit des obligations et de la prescription' (2005)

ISBN: 978-1-905221-28-8

This article (which is an updated version of a paper published in a group of conference papers in Spain in 2002) deals with the question whether a court can give a contractual party further time to perform a contractual obligation (looking at French and English law).

ISBN: 978-1-90522210-28-8

This short article contrasts the interpretative style of the ECJ with more traditional (and conceptual) styles of 'European private lawyers' and then illustrates this contrast by reference to the decision of the ECJ in EasyCar v OFT

ISBN: 978-90-411-2699-3

This article compares the different treatment of a claimant's failure to mitigate his/her own harm in French and English law.

ISBN: 80-85889-93-2

Chapter of Handbook.

ISBN: 199296065

This work is also published in Italian as ‘‘La Terminologia della Tutela Civile: Diritti, Rimedi e Procedure’ in B. Pozzo and V. Jacometti (eds.), Le politische linguistiche delle istituzioni comunitarie dopo l’allargamento (2006) The work looks at the terminology describing the rights of parties in a contractual context in English, French and EC law and how this terminology reflects different ways of thinking about the appropriate response of the law to failure to perform

ISBN: 90-411-2532-9

This article explains how an English lawyer would see the notion of a 'general clause' and then gives three types of examples of such a very broad legal norm from English law.

ISBN: 90 411 2432 2

analyses the provisions of the Principles of European Contract law on the plurality of debtors (joint and several liability) from the point of view of English law and French law.

A brief article exploring how consumer protection relates to the distinction between public and private law (with reference to French and English law)

ISBN: 2-913397-28-X

xviii + 562 pp. This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of the costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. They also note the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions.

ISBN: 1849461023

This forms the introduction and general overview of the work which I also edited on the historical development of product liability in 6 European laws. It forms part of a wider AHRD project on Legal Development (the first stage of which focussed on the development of liability for fault) run by John Bell and David Ibbetson of Cambridge.

ISBN: ISBN 978-0-521-49429

This essay explains the development of product liability in English law

Edited volume of comparative reflections on the Avant-projet de réforme du droit des obligations et de la prescription, based on papers from colloquium held in March 2007. Articles by J. Cartwright at pp. 51-70 (‘Negotiation and Renegotiation: An English Perspective’), pp. 359-380 (‘Reforming the French Law of Prescription: An English Perspective’); and pp. 409-411 (Summary of discussions); jointly with S. Whittaker at pp. 425-444 (‘Translating the Avant-projet de réforme’) and translation of the Avant-projet into English (pp. 479-915, odd numbered pages). Whole volume edited by J. Cartwright, S. Vogenauer and S. Whittaker

ISBN: 9781841138053

The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume (xx + 930 pp) is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation.

ISBN: 978-1-84-113805-3

Official translation into English of the Avant-projet de réforme du droit des obligations et de la prescription. Revised translation (2008) is published in J. Cartwright, S. Vogenauer and S. Whittaker: Reforming the French Law of Obligations (Hart Publishing, 2009)

This translation (running to c. 100,000 words covers the proposed changes to the French Civil Code's law of contract, civil liability, unjustified enrichment and prescription, together with the introductory preambles and notes. At present it is published on the French Ministry of Justice Website (we were invited by the organiser of the project to make the translation for this purpose), but we shall republish it with notes etc and essays from 16 or so French and other colleagues later this year.

Comparative (English/French law)case note on recent leading decision in French law on the transfer of the benefit of a rent guarantee.

ISBN: 0928-9801

A critical analysis of the last ten years of constitutional developments in Greece

ISBN: 0140-2382

Written Evidence submitted to the House of Lords Constitution Committee in its inquiry on war-making powers

A chapter on the law and practice of government contracting in 'Law and Administration in Europe - Essays in Honour of Carol Harlow, edited by P Craig and R Rawlings.

ISBN: 0-19-926537-2

The role of antitrust in curtailing excessive prices has long been a contentious area. Consequently, the charging of excessive prices has been subjected to diverse levels of enforcement across the world.1 U.S. antitrust law, for example, does not encompass the charging of high prices as such,2 and was held not to “condemn the resultant of those very forces which it is its prime object to foster: finis opus coronat.”3 By contrast, competition laws in other jurisdictions provide for the condemnation of excessive or unfair pricing. Such is the case under EU competition law,4 the competition provisions in the European Member States,5 and in other jurisdictions across the world.6 But even among those competition regimes which do intervene against the charging of excessive prices as such, one may identify different levels of enthusiasm for doing so. In Europe, for example, recent years have witnessed a restrained approach by the European Commission7 but a more proactive approach by some of the competition authorities of the Member States.8 Varying levels of intervention reflect a controversy as to the merit of prohibiting excessive pricing. Three main grounds are often used to justify non-, or limited-, intervention: (1) intervention is not necessary, as high prices would be competed away by new entry, attracted by the ex-cessive price; (2) there are practical difficulties in speculating what a price would have been had there been competition and in determining the excessiveness of the prices actually charged; and (3) enforcement which targets excessive prices may chill innovation and investment.9 To illustrate the difficulties of assessment and to question some of the justifications that are used to rationalize non-intervention, this article reviews the recent litigation in South Africa related to alleged excessive pricing by Mittal Steel.10 We use the decisions of the South African Competition Tribunal and the South African Competition Appeal Court as a case study to highlight both the complexity of, and possible merit in, antitrust intervention against excessive pricing. Our analysis focuses on the three grounds for non-intervention. First, with respect to the self-correcting nature of excessive prices, we illustrate how excessive prices, in and of themselves, do not attract new entry, when potential entrants are either informed or uninformed about their post-entry profits. Referring to our previous work on this subject,11 we question the South African Competition Tribunal’s holding in the Mittal case with respect to the prerequisite conditions for intervention against excessive pricing. Second, we consider how the difficulties of assessing what is an excessive price affected the outcome in the Mittal litigation. Without underestimating these difficulties, we consider how they may be alleviated in certain cases through reasonable methods for inferring what may constitute an excessive price. Third, while acknowledging the possible validity of concerns about chilling ex ante investment, we outline instances in which these concerns should not serve to support nonintervention. It should be stressed that this article does not advocate across-theboard intervention. It does, however, question the validity of a categorical “hands-off” approach, which deems excessive prices to be outside the realm of competition law. We consider separately the weight that should be assigned to each ground for non-intervention. Subsequently, we argue in favor of a case-by-case approach which explores the factual matrix of each case and considers the benefits, costs, and net effects of intervention.

In recent years the debate on the soul of Article 102 TFEU and the effects based approach have dominated the competition law landscape. While many would agree on the clear merit of introducing more carefully balanced analysis when establishing abuse, the practicalities of such an approach have been difficult to agree upon. The recent Guidance Paper on Enforcement Priorities in the Application of Article 102 TFEU, which stemmed from the public consultation, has further sparked the public debate in this area. Concerns were raised as to the scope of the effects based variants in the Guidance Paper and the innovation it heralds - for example in the treatment of fidelity rebates and the use of the new proposed efficiency defence. Beyond the substantive and conceptual complexities that an effects based approach carries, its practical application has given rise to an interesting and somewhat disconcerting duality. On one hand, the European Court has not yet warmed to the effects based approach. In its judgements, the Court, has by large, continued to hold that it is not necessary to demonstrate that the abuse in question had a concrete effect on the markets concerned. It has generally ignored the lively debate on the effects based approach and even at times, the opinion of its own Advocate General . On the other hand, the Commission has pushed toward an effects based analysis, not only in its Guidance Paper but also in its decision making. In the Prokent/Tomra decision the Commission noted that it has completed its analysis by considering the actual effects of the dominant company’s practices and did not satisfy itself with the lower formalistic threshold established by the Court. Similarly, in Intel Corporation , the Commission took the decision in line with the orientations set out in its Guidance Paper and considered the effects of the fidelity rebates. The Commission noted, however, that even with the absence of harmful effect, Intel’s behaviour may be condemned under the formalistic analysis of abuse as applied by the Court, thus using a dual benchmark in its decision making. This Form based approach at the European Court and the Effects based approach as applied by the Commission, trigger apparent legal and business uncertainty.

Recent decades have witnessed a distinct increase in the sales and popularity of private labels. The growing market share of private labels has transformed the landscape of retail competition in developed countries. Major retailers are no longer confined to their traditional roles of purchasers and distributors of branded goods. By selling their own label products within their outlet they compete with their upstream brand suppliers on sales and shelf space. This ‘vertical competition’ is not confined solely to ‘value’ categories of products. These days, retailers offer private label goods catering for the value, specialized and premium markets. These developments, and the increasing confidence that consumers have in private labels, have increased the bargaining position and market power of retailers as their labels compete directly with the leading manufacturers’ brand and its ‘value’ alternatives. This unique relationship and the increased role played by private labels raises fundamental questions as to their pro-, and possible anti-, competitive effects. It further highlights the shifting power balance between the producer and distributor and between the private label and branded good. This paper focuses on the effects of private labels, sold in major supermarkets, on retail competition and consumer welfare. In particular, it considers how supermarkets affect competition due to the fact that they retain control over shelving, in-store promotion and the pricing of branded and own label goods in addition to having superior access to consumer data. Furthermore, it reviews the enforcement of competition law in a private label environment and the difficulty in balancing the beneficial short-term effects of private labels and their possible, harmful, long-term effects. It subsequently questions whether these difficulties imply a lack of competitive harm or reflect a gap in regulation, as traditional analysis fails to encompass the increased market power of retailers and the existence of vertical competition.

This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

This book is designed as a working tool for the study and practice of European Competition Law. It is an enlarged and updated second edition of the highly practical guide to the leading cases of European Competition Law, first published in 2008. This second edition focuses primarily on Article 101 TFEU (Ex Article 81 EC), Article 102 TFEU (Ex Article 82 EC) and the European Merger Regulation. In addition it explores the public and private enforcement of Competition Law, the intersection between Intellectual Property Rights and Competition Law and the application of Competition Law to State action. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, providing the analytical framework for the case entries that follow. The case entries are then set out is summary form, accompanied by analysis and commentary.

ISBN: 1849460477/97818494

Competition law is a subject of central importance. An accessible introduction to this legal field is thus indispensable for students and practitioners alike. This book is intended to serve as a first acquaintance with competition law and is written in particular for students who intend to study a foundation course in competition law. The current competition law in the UK consists of two main levels: EC competition law and UK competition law. In this introduction both levels are covered, along with an abbreviated introduction to the EC rules on state aids. An important function of this book is to provide an insight into the combined system of UK and EC competition law. Therefore, for the three main subjects (the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (mergers and acquisitions) extensive examples, drawn from European and UK practice, have been provided. These examples are then used in the explanation of the general principles, taking into account the changes as a result of the recent introduction of Regulation 1/2003. With this approach, the book aims to reach a broad range of readers: students, teachers in further and higher education, officials and practising lawyers who are not usually faced with competition law issues in their everyday working lives. Extra information has also been included in the footnotes, indicating references to the more specialised literature.

ISBN: 9781841134451

DOI: 10.1093/tandt/ttr030

Note on developments in the law on foreign judgments which may be material in the particular field of trusts and trustees.

Consideration of the approach to be taken to disputed jurisdiction agreements in the particular context of the proposals for the reform of the Brussels I Regulation.

ISBN: 9783866531895

Survey and analysis of decisions of British courts on questions of private international law in 2009

ISBN: 9780199597024

Survey and analysis of decisions of British courts on questions of private international law in 2008

ISBN: 9780199580392

Analysis of decsions of English courts in cases involving questions of private international law in 2007

ISBN: 9780199547401

Analysis of the issues raised by the decision in Mbasogo, President of Equatorial Guinea v Logo

ISBN: 0023933X

Analysis of basis for and potential consequences of decisions in Trafigura v Kookmin

ISBN: 0023933X

Analysis of the reasoning in and law underpinning the grant of anti-suit injunctions and the Brussels Regulation in the light of Samengo Turner v March & McLennan

ISBN: 0306-2945

article on the Überseering case and international jurisdiction issues

ISBN: 072-06585

Analysis of three decisions of European court on special jurisdiction under the Brussels Convention and Regulation

ISBN: 03062945

Analysis of the rules of English private international law as they apply to the recognition and enforcement of Russian judgments in England

Analysis of renvoi and the proof of foreign law in local litigation in the light of Nielson v OPC.

ISBN: 0306-2945

Analysis of the problems of interpreting legislation which is silent as to its international reach.

ISBN: 0218-2173

Examination, for the benefit of a civilian audience, of the extent to which the rules of the common law conflict of laws may be seen as dependent on private law notions of agreement and consent.

ISBN: 0387-7612

Analysis of the principle of reflexive effect in the interpretation of the Judgments Regulation

ISBN: 0306-2945

The scope of the doctrine of forum non conveniens in cases where jurisdiction is founded on the Judgments Regulation (44/2001/EC)

ISBN: 0023-933X

Examination of recent developments and assessment of their weaknesses.

ISBN: 3-7190-2570-5

An article assessing the scope for a discretionary stay of proceedings commenced pursuant to Council Regulation (EC) 44/2001 in the aftermath of the decision of the ECJ in Owusu v Jackson

ISBN: 0306 2945

Analysis of the law on anti-suit injunctions in the light of the decision in Turner v Grovit.

ISBN: 0023-933X

Analysis of rules of enforcement of foreign judgments in the area of consumer-protection legislation, prompted by Rebb Evans v European Bank Ltd

ISBN: 0306-2945

The law on civil jurisdiction and the recognition of judgments

ISBN: 9781843118152

Analysis of common and European law as it governs and relates to agreements on jurisdiction and choice of law, including attention to scope, validity, drafting, and enforcement by direct and indirect means.

ISBN: 9780199282302

Second and revised edition of The Conflict of Laws

ISBN: 978019953966-6

Definitive statement of the rules of Private International Law

ISBN: 042188360X

Analysis of what the Supreme Court might properly have contributed to the development of principle in private international law, and of why it is improbable that it will get much chance to do so.

ISBN: 9781849460811

Analysis of the principe of abuse of law as a component (or not) of private international law so far as this is governed by European Union law.

ISBN: 978184113988

Analysis of whether Unjust Enrichment is a coherent characterisation category for choice of law, and if not, what approach makes more sense of the principle and of the cases.

ISBN: 9780455225043

Analysis of the extent to which it is possible to draft and enforce agreements on choice of law, which goes beyond the simple choice of law for contacts.

Survey and analysis of British decisions on issues of private international law in 2006.

ISBN: 978-019-923898-9

English Private International Law, as part of the volume on English Private Law.

ISBN: 978-019-922794-5

Analysis of decisions of British Courts on issues of private international law for 2005

ISBN: 199202761

Survey and analysis of decisions of English courts involving questions of private international law

ISBN: 199284938

Analysis of the value of judicial cooperation and understanding in European Commercial Litigation

ISBN: 3-16-148634-X

Survey and analysis of decisions of English courts on all matters of private international law in 2003

ISBN: 019 926785 5

A survey of the decisions of the European Court of Justice in 1999-2000 on the interpretation of the Brussels Convention 1968

ISBN: 0-19-924340-9

An introductory report assessing the issues raised by the decisions of the ECJ in Owusu, Gasser & Turner

ISBN: 978-1-84113-783-4

Note of the decision in AK Investment v Kyrgyz Mobil Tel

ISBN: 03062943

Consideration of the decision in and implications of Rubin v Eurofinance SA

ISBN: 03062943

Analysis of Depfa Bank v Haugesund Kommune

ISBN: 0023933X

Analysis of decision of Privy Council in Calyon v Michaelides

ISBN: 0023933X

Analysis of decision of European Court in C-185/07 Allianz SpA v West Tankers Inc.

ISBN: 03062945

Analysis of the significance of the Rome I and Rome II Regulations for English private international law

ISBN: 0023-933X

Analysis of decision in and consequences of Fiona Trust & Holding Corp v Privalov

ISBN: 0306 2945

Analysis of the post-judgment orders made in the Masri litigation, and their contribution to the enforceability of an English commercial judgment.

ISBN: 03062945

Analysis of decision of Singapore Court of Appeal in Rickshaw Investments Ltd v Nicolai, Baron von Uexkull.

ISBN: 17930448

A casenote on the House of Lords' decision in Lubbe v Cape plc

ISBN: 0-421-755-407

Text of a course on the nature and role of comity in private inernational law derived from lectures given at the Hague Academy in June 2011

ISBN: 9789004227286

Analysis of principal proposals for amendment to Brussels I Reguation

ISBN: 0306-2945

Critique of Lords' decision in Purdy and of the prosecutorial guidelines issued in conformity with that decision.

Despite increasingly sophisticated antidiscrimination laws, dis- crimination and inequality have proved remarkably resilient. This prompts questions about the limits of law’s ability to achieve social change. One way forward is to fashion new legal tools, which impose duties to promote or achieve equality, rather than focusing on individual rights against specific perpetrators. In the past decade in Britain, such fourth generation equality laws have been developed in a distinctive format, requiring the decision-maker to “have due regard” to equality, rather than taking action to achieve such objectives. Thisstandard has triggered a spate of judicial review cases, particularly in response to austerity measures imposing deep budgetary cuts on disadvantaged groups. This Paper’s aims are two-fold. The first is to examine the judicial approach to the due regard standard in the light of recent regulatory theory. Do courts consider the due regard standard as a signal for deference, or can it be understood as an example of “reflexive law,” facilitating deliberative decision-making rather than imposing external standards likely to meet with resistance from the regulated body? The Paper concludes that courts have struggled to deal with the regulatory challenges presented by the “due regard” standard, wavering between appropriate and inappropriate intervention. The second aim is an analysis of whether a deliberative standard is appropriate in the equality context. The record of judicial review cases demonstrates that such a standard risks legitimating or simply reconfiguring existing inequalities.

ISBN: 0002-919x

DOI: 10.1093/icon/mor028

This article is a response to the contributions of Nick Barber and Trevor Allan found in this volume. It argues that an analysis of “sovereignty” does serve a useful purpose in U.K. constitutional law. More specifically, it argues that discussions of “sovereignty” should also include an analysis of constitutive rules, particularly aiming to understand which institutions are “sovereign” in the sense of having the power to define and modify these constitutive rules. When analysed in this manner, an argument can be made that Dicey's traditional theory that Parliament cannot bind its successors is still a valid rule of the English legal system. In addition, this rule is desirable. Its presence is necessary, although not sufficient, to ensure that both Parliament and the courts have a rule in defining and modifying constitutive rules. This dual role is desirable as it helps to maintain the legitimacy of the U.K.’s “political” constitution.

DOI: 10.1093/ojls/gqq028

This review article discusses the relationship between deference and the presumption of constitutionality, as discussed in Brian Foley’s book, Deference and the Presumption of Constitutionality. Foley argues for the rejection of the presumption of constitutionality as it operates in the Irish Constitution, proposing instead a ‘due deference’ approach. This approach would require courts to give varying degrees of weight to the legislature’s conclusions that particular legislative provisions are constitutional. The article praises Foley’s book, particularly its stronger justification of due deference which focuses on its ability to foster a culture of justification which, in turn, facilitates popular sovereignty. The review also provides a criticism of the argument made in the book and discusses its application to the UK constitution. First, the review argues that the focus on constitutional as opposed to institutional factors to determine deference may, in practice, undermine Foley’s justification of due deference. Second it argues that Foley’s justification of deference may be best served in the UK constitution by a theory of democratic dialogue as opposed to the application of due deference.

The doctrine of deference permeates human rights review. It plays a role in de¢ning Convention rights, in determining the nature of the proportionality test applied when analysing non-absolute rights, as well as in deciding the stringency of its application. The role of deference has recently been subjected to both judicial and academic criticism, some of which advocates the demise of the doctrine. This article develops a contextual account of deference that is justi¢ed for epistemic reasons, rather than reasons of relative authority. This conception is able to withstand current criticism and ismodest enough to play a role in a range of di¡erent justi¢cations and understandings of judicial review under theHuman Rights Act.The article then provides amore detailed account of deference, taking account of the relative institutional features of the legislature, executive and judiciary, without running the risk that the court fails to performits constitutional function of protecting individual rights.

Article analysing recent reforms in the primary care sector in the NHS from a public law perspective.

ISBN: 0961-5768

After brief discussion of (1) the nature of constitutional principles and (2) the development and developed state of the law about the rights of aliens, the article argues extensively that A v Home Secretary [2004] UKHL 56, [2005] 2 AC 68 was wrongly decided and, indeed, per incuriam since all nine judges in the Lords overlooked their duty to interpet the statutory provision so far as possible as compatible with the Human Rights Act 1998 before declaring it incompatible.Even apart from that duty under HRA s. 3, there was available but unconsidered a reasonable interpretation such that the power to detain alien terrorist suspects had as its ongoing precondition a purpose, manifested in bona fide efforts, to deport them and to secure whatever arrangements with foreign governments might be necessary to make deportation lawful under the Chahal doctrine about real risk of torture or degrading treatment.The judgments all overlook also the constitutional principle that risk to the public good which must be accepted from the presence of a national need not be accepted from the presence of an alien and may be obviated by the alien's exclusion or expulsion.The majority's arguments from irrationality and discrimination are manifestly unsound once the statute is interpreted as it should have been.

Discussion of some of the problems with the English law of government contracts, for a French audience.

ISBN: 0763-1219

Questions whether the government's proposals to create NHS Foundation Trusts will succeed in their aim of giving hospitals greater autonomy from Department of Health control.

ISBN: 0033-3565

Article discussing the closing stages of a series of judgments given by the Court of Final Appeal in Hong Kong concerning the interpretation of Article 24 of the Basic Law on the right of residence in Hong Kong. The piece argues that the Hong Kong executive, Legal Aid Board and Court system all found the technique of informal communication useful in managing claims for residence, but that the usefulness of this technique on future occasions is dependent on full protection being given to the expectations it creates so that trust in the administration can be maintained. The article also discusses some of the general background theory and doctrine concerning legitimate expectations in administrative law more generally and argues that although the courts are often concerned with the numbers of people claiming legitimate expectations, in fact there may be more subtle issues to consider such as whether the class of persons is finite and identifiable.

ISBN: 1019-2557

Delegating Rights Protection explores bill-of-rights outcomes in four "Westminster" countries - Australia, Canada, New Zealand, and the United Kingdom - whose development exhibit an interesting combination of both commonality and difference. Comparative analysis of some thirty-six democracies demonstrates that the historic absence of a bill of rights in Westminster countries is best explained by, firstly, the absence of a clear political transition and, secondly, their strong British constitutional heritage. Detailed chapters then explore recent and much more diversified developments. In all the countries, postmaterialist socio-economic change has resulted in a growing emphasis on legal formalization, codified civil liberties, and social equality. Pressure for a bill of rights has therefore increased. Nevertheless, by enhancing judicial power, bills of rights conflict with the prima facie positional interests of the political elite. Given this, change in this area has also required a political trigger which provides an immediate rationale for change. Alongside social forces, the nature of this trigger determines the strength and substance of the bill of rights enacted. The statutory Canadian Bill of Rights Act (1960), New Zealand Bill of Rights Act (1990), and the Human Rights Act (UK) (1998) were prompted politically by a relatively weak and backward-looking 'aversive' reaction against perceived abuses of power under the previous administration. Meanwhile, the fully constitutional Canadian Charter (1982) had its political origins in a stronger, more self-interested and prospective need to find a new unifying institution to counter the destabilizing, centripetal power of the Québécois nationalist movement. Finally, the absence of any relevant political trigger explains the failure of national bill of rights initiatives in Australia. The conclusionary section of the book argues that this Postmaterialist Trigger Thesis (PTT) explanation of change can also explain the origins of bills of rights in other internally stable, advanced democracies, notably the Israeli Basic Laws on human rights (1992).

This book analyses the law relating to government contracts from a public law perspective.

ISBN: 978-0-19-928739-0

Critique of Lords decision in Purdy and discussion of the Director Public Prosecutions guidelines on prosecution for assisting suicide

The chapter explains and evaluates the different ways in which courts are bound to follow decisions of the ECtHR. It evaluates the role of section 2(1) HRA 1998, as well as analysing the extent to which courts should follow decisions of the ECtHR as opposed to a binding precedent from a concurrent or higher court.

ISBN: 9781107009325

Discussion of some of the ultra vires problems surrounding government contracts.

ISBN: 1-84113-635-2

Title in Halsbury's Laws of England, vol. 6 reissue.

ISBN: 406961662

The meaning of the term ‘people’ in the German Constitution and the position of the German Constitutional Court

ISBN: 3-7890-6262-6

Examines the history and meaning of the Colonial Laws Validity Act 1865 as it bears on the issues in Bancoult (No.2); critiques the constitutional theory deployed in Quark Fishing.

Book review of Johan Steyn, Democracy through Law.

ISBN: 0033-3565

Discussion of aspects of the English law of contract which are in need of reform, and the mechanisms by which reform can be achieved. Revised text of Inaugural Lecture delivered on 7 October 2008 in acceptance of the Chair of Anglo-American Private Law at the University of Leiden.

ISBN: 0928-9801

This discusses the Court of Appeal decision in Office of Fair Trading v Abbey National and 7 Others [2009] EWCA Civ 116 in which Sir Anthony Clarke MR upheld the High Court's rejection of the banks' claim that their penalty charges are exempt from the test for unfairness under regulation 6(2). It examines the purposive interpretation of the Unfair Terms in Consumer Contracts Regulations 1999 as law of EC origin. It argues that while ensuring transparency is insufficient consumer protection under the Regulations, Sir Anthony Clarke goes too far in effectively requiring terms to be negotiated. The focus of regulation 6(2) is a difficult-to-stabilise something in between; namely, only the exemption of terms which are sufficiently important from the consumer's perspective that they can be said to be meaningfully consented to by consumers. 

The doctrine of consideration has come under increasing attack. In Gay Choon Ing v. Loh Sze Ti Terence Peter, Andrew Phang Boon Leong J.A. of the Singapore Court of Appeal raises the spectre of its replacement with the doctrines of economic duress, undue influence, unconscionability and promissory estoppel. In response to the reasoning of Phang J.A. and others, I argue that: (i) consideration is not a meaningless doctrine; in particular, the adequacy of consideration is relevant to the enforceability of an agreement and ?practical benefit? can be made a meaningful concept; (ii) contract law does not, and should not, enforce all seriously intended undertakings; and (iii) the vitiating factors do not simply interrogate the presence of contractual intention and cannot replace the functions performed by consideration.

This discusses the High Court decision in Office of Fair Trading v Abbey National Plc and 7 Others [2008] EWHC 875 (Comm). First, it examines the relevant considerations in determining,  and the standard required for language to be, 'plain and intelligible'. Second, it assesses Andrew Smith J's reasoning and conclusion that the relevant bank charges fall outside the exemption for so-called 'core' terms.  Third, it criticisesthe banks' argument that contravention of good faith requires procedural unfairness.

Abstract: Is it necessary to codify the private law of contracts in Europe? The question, the author argues, breaks down into three sub-questions. First, is such a codification conceivable, that is, does it make sense to claim to envision it? Next, is it desirable? And finally, is it realizable? The demand for codification would imply that one should answer these three questions affirmatively. According to the author this is not the case, however, because even if it is conceivable to create a legal instrument common to countries with distinct legal traditions and epistemologies (notably the civil and the common law), the arguments in favour of such a project are outweighed by those against it, notably issues of costs and uselessness. Above all, the idea of "Europeanizing" the law of contracts betrays a certain lack of understanding of the nature of law. In effect, not only is it impossible to set out in a uniform manner the same norm in several different systems, especially if they use different languages, but also the interior dependence of each of these systems of contract law on other branches of law and on national legal science makes the creation of a uniform contract law in Europe radically impossible.

ISBN: 0024-9041

Third edition of work originally published in 2002 (second edition 2007).

ISBN: 9780414049550

New edition of classic text on contract law

ISBN: 9780199282470

Book designed to introduce the lawyer who is trained in a civil law jurisdiction to the common law, and to the English law of contract.

ISBN: 978 1 84113 577 9

This article considers why English lawyers have not generally been attracted by the notion of 'network contracts' to regulate complex economic relations.

ISBN: 978 1 84844 889 6

Discussion and criticism of recent cases holdinbg that a fraudulent breach of a duty of disclosure is actionable within the tort of deceit.

ISBN: 9780199583706

If we accept that a bird in the hand is the worth two in the bush then the idea that the receipt of performance (even part performance) confers a benefit over and above the right to performance, and can be exchanged for something from the recipient, is consistent with the core idea of the consideration doctrine. All that remains is to replace the bilateral contract analysis in Williams v Roffey with a unilateral contract analysis (the promisor is only bound if the stipulated performance is actually received). This is preferable to three recently mooted alternatives to consideration as the primary test of enforceability: (i) the test of serious intention subject to contrary policies advanced in Antons Trawling v Smith; (ii) promissory estoppel as advanced in Collier v Wright, and (iii) leaving it all to the vitiating factors advocated in Gay Choon Ing v Loh Sze Ti Terence Peter.

An essay concerning the limits to the enforceability of agreements to negotiate and a proposal for reform

ISBN: 978-0-19-958370-6

The author explores the contours of the ?objective test of intentions? and concludes that Smith v Hughes and other ?mistake of terms? cases said to represent exceptional subjectivity trumping the objective approach are straightforward applications of objectivity; there is no need, indeed no room, for resort to subjectivity. Further, stabilizing the language of ?mistake,? ?defective consent,? and ?void? allows  vital distinctions to be drawn between contract formation and vitiation which explains why known non-correspondence of any term prevents contract formation, while mistaken assumptions must be shared and fundamental to void a contract.  It also allows us to map the related areas of rectification, non est factum, mistaken identity and misrepresentation.

The article analyses the law governing the effectiveness of entire agreement clauses in English law

This essay explores the validity of price variation clauses in English law

ISBN: 978-2-275-03136-1

This chapter looks at the meaning of unfairness and its inter-relationship with the method chosen to implement the Unfair Terms in Consumer Contracts Regulations.

ISBN: 978-0-19-922937-6

Published version of paper from Oxford-Norton Rose Colloquium 2006.

ISBN: 978 0 19 922937 6

Discussion of the role of estoppel and the protection of legitimate (or reasonable) expectations in English contract law. Contribution to the 17th Congress of the International Academy of Comparative Law, Utrecht, July 2006. Also published (separately) on-line in the Electronic Journal of Comparative Law at http://www.ejcl.org/103/art103-6.pdf

ISBN: 978 2 908199 53 6

This work analyses the different types of contract terms which allow an injured party to terminate on the ground of breach of contract and explains and criticises the controls which statute and the courts have put in place to control them.

ISBN: 978-0-19-922937-6

Continued updating and rewriting of chapters (including new section on the HRA and contracts).

ISBN: 1 0 421 842 806

A collection of essays on the 'formation process' and 'third parties' based on the papers presented at the Oxford-Norton Rose Law Colloquium, September 2009

ISBN: 978-0-19-958370-6

Essays from Norton Rose-Oxford colloquium

ISBN: 978-0-19-922937-6

Edited collection of essays, responses and conference discussionconcerned with current issues and problems in the law of remedies

ISBN: 0-19-926465-1

An argument in favour of the expansion of common law doctrines to protect pre-contractual reliance, including a comparative, doctrinal and economic assessment of the problem.

This note assesses the decision of the UK Supreme Court in the 'Bank Charges' case in the light of the decision of the case-law of the ECJ

Case note on Statoil ASA v Louis Dreyfus Energy Services LP

A comment on the decision of the House of Lords in The Achilleas

ISBN: 0023-933X

a casenote on the HL decision in Concord Trust v Law Debenture Trust Corp

ISBN: 0023-933X

A casenote on the Court of Appeal's decision in Watford Electronics Ltdv Sanderson CFL Ltd

ISBN: 0-421-755-407

The Liability of Issuers Regulations introduce a revised statutory scheme of liability for issuers in respect of misstatements to the market. This article considers how the revised scheme differs from the stop-gap regime introduced in 2006, notably by extending the range of misstatements and markets to which the regime applies. The new regime also includes liability for delayed statements and increases the range of potential claimants. However, fraud as the basis for issuer liability is retained, as is the exclusion of liability to investors of the directors of issuers.

ISBN: 1750-7219

This article considers some of the fundamental issues arising out of the Davies Review of Issuer Liability. That Review recommended only a limited role for private enforcement of the continuing disclosure obligations imposed upon issuers. The article considers whether such a limited role can be justified, from both a compensation and a deterrence standpoint. It concludes that it can, provided there is a sound system of public enforcement of those obligations in place. Whether the recent changes in the role of the Financial Services Authority will provide an appropriate level of public enforcement is not yet clear.

ISBN: 1473-5970

This chapter reviews evidence about the extent to which law and lawyers ‘matter’ for venture capital investment. As such, it relates both to the policy debate about financing innovative firms and more generally to the comparative finance literature that has investigated the extent to which law may be one of the determinants of differing patterns of corporate finance across various countries. The review is organised around the idea that law may ‘matter’ in a variety of ways for corporate finance. The starting point is a model of what venture capital investment involves, derived from empirical studies in the US. The venture capitalist is a financial intermediary, who raises funds from end-investors which are then used to finance small entrepreneurial firms. The contracts between the venture capitalist and the investee firms have complex terms which can be understood as responses to agency problems inherent in the financing relationship. The first way in which laws may ‘matter’ is by affecting the way in which the practice of venture capital investment is structured—most obviously, in the terms of the contracts used. Empirical studies of the contracting practices of venture capitalists show clear differences between national practices, and it is plausible that some at least of these may be driven by differences in the legal regimes. Most obviously, these might arise due to mandatory legal rules—for example, local tax laws—which distort choices of inframarginal investors in favour of a particular type of financial contract.

Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue.

ISBN: 978-1-84946-013-2

Consideration of proposed reforms to the law on kidnapping.

The article argues that there are two key problems with the current law concerning voluntary intoxication. First, the rules applicable so-called crimes of basic intent, contrary to some of the more recent case law, can in fact only apply coherently to reckless result crimes. Second, given the differences between the threshold for liability for sober defendants and the threshold for liability for voluntarily intoxicated defendants, the current rules amount in cases of basic intent to criminalisation of the intoxication itself. If this is to be the case, the article argues that the law should take this approach openly, so that in any case where the defendant lacks mens rea as a result of voluntary intoxication (s)he should be convicted instead of a new statutory offence of 'committing the actus reus of offence X while intoxicated', which could also apply coherently to all offences.

A critique of the doctrine that ignorance of the criminal law is no excuse, showing how preposterous the doctrine is and arguing that, even if it should continue in a muted form, it should be accompanied by positive duties on the State to publicise its criminal laws.

ISBN: 0026-7961

The article argues that certain criminal offences of possession, i.e. 'risk-based possession offences', cannot be justified within current criminal law doctrines.

This is a principled attack on the propensity of the English and Irish legislatures to impose strict liability for criminal offences that carry a sentence of imprisonment.

English law does not recognise the defence of obedience to superior orders. Recent years have seen voices calling for reconsideration of the law and for the adoption of a defence in some form. One of the reasons for this stance is the fact that the defence is recognised in the Rome Statute constituting the International Criminal Court (ICC). This article examines whether the law should be changed and the defence of superior orders introduced into English law. As the title suggests, the article concludes that such a change is not desirable and that the current position of the law is correct. Over the years very little has been written on the defence of superior orders in the domestic context but, not surprisingly, the subject has been widely discussed in international law in the context of the laws of war. Thus, the article starts (Section I) with the debate in international law, presenting the two main approaches regarding the recognition of a defence of obedience to superior orders: the absolute liability approach adopted by the Nuremberg Tribunal and other ad hoc tribunals over the years, and the conditional liability approach adopted by the ICC in the Rome Statute. Section II goes on to examine the possible rationales that underlie each position. It argues that the defence can be justified either as a recognition of the dilemma faced by the soldier who is required to obey the order as per national law, and to disobey it as per international law, or as a claim of mistake of law or of fact. The question then is whether these rationales can be transformed into domestic English law and support a claim for an adoption of a qualified defence of superior orders. Section III argues that two differences between the stance of English law and international law need to be accounted for: the first is that though the soldier’s dilemma is still applicable, it exists in a somewhat different structure which results in a limitation of the dilemma to borderline cases only, and the second is the fact that English law does not recognise the defence of mistake of law. As a consequence, it is submitted that the defence of superior orders should not be recognised in English law. Nevertheless, a claim of obedience to superior orders often obscures the real defence which should be advanced, and while superior orders should not be recognised as an independent defence the facts may constitute a basis for a defence of duress or of a mistaken case of private defence, both of which are recognised in English law.

Does a person who is voluntarily drunk remain capable of giving valid consent to sex? The Court of Appeal in Bree held that ‘a drunken consent is still (valid) consent’, though it further recognises that the capacity to consent may evaporate well before a complainant becomes unconscious. This decision is a move in the right direction, yet this article argues that it has not gone far enough, and that s. 74 of the Sexual Offences Act 2003 which governs these scenarios allows—and even requires—a more drastic interpretation: a drunken consent is not consent when the person is very drunk. Based on a distinction between factual and legal consent, the article starts by setting up the legal framework as set out in s. 74, and developed in Bree and H. It then goes on to criticise the current case law and its interpretation of s. 74 for not being restrictive enough, by examining two possible theoretical rationales, mentioned in the judgments. The first, which is based on an analogy with the law relating to intoxicated offenders, is criticised on the grounds of differences between consent and intent. The second, which is based on the general argument that this position recognises the positive aspect of sexual autonomy, is criticised for its failure to distinguish between claims of normative facts and claims of public policy and for giving too much weight to the latter considerations. From the discussion an alternative, more restrictive position, emerges in line with s. 74 of the 2003 Act, according to which a drunken consent is not consent. This position can be adopted by judges, through the provision of better guidance to juries, but failing that a reform of the law might be needed.

Appraisal of the structure and detail of recent Law Commission recommendations.

ISBN: 0011 135X

Discussion of familial homicide in cases where the defendant has been the victim of domestic violence.

ISBN: 0011135X

Discussion of the law of rape.

Article on gross negligence manslaughter

Discussion of sexual penetration

Analysis and critique of new legislation

ISBN: 0011 135X

(in Hebrew)

Revisiting and developing a debate with Antony Duff about intentions, outcomes and the criminal law.

ISBN: 978-0-19-959281-4

Textbook on criminal law

ISBN: 97802302875729

Textbook on criminal law

ISBN: 978019 9578115

Textbook on criminal law

ISBN: 1397802302717133

An introduction to criminal law

ISBN: 10-415-49132-9

Book discussing theoretical debate in criminal law

ISBN: 978 0230577237

Discussion of the problems with the law on rape.

DOI: 10.1525/nclr.2008.II.2.232

Critical re-examination of the doctrine of 'change of normative position' in criminal law theory, comparing it with forms of constructive liability.

Re-assessment of Kadish's work on criminalization, and proposal of further principles.

ISBN: ISSN 1546-7619

A textbook on criminal law

ISBN: 9780199234325

New edition of text on criminal law.

ISBN: 0-19-928114-9

Textbook on criminal law

ISBN: 199289352

textbook on criminal law

ISBN: 10: 1-4039-3417-7

New edition of established text

ISBN: 0-19-925980-1

An assessment of issues in the law of criminal attempts.

ISBN: 978-0-19-531485-4

A critical assessment of the role of preventive rationales in, and on the boundaries of, the criminal law.

ISBN: 978-0-19-955915-2

An analysis of the law on marital rape

Consideration of the use of loss of control defence in cases where victim of domestic abuse kills her abuser.

ISBN: 9781409431756

The chapter focuses on cartel criminalisation from the criminal law perspective, charting how the process of criminaliation fits within the current landscape of criminal law, particularly in England and Wales. It examines the compromises necessary if the criminal law is to be used to regulate cartel behaviour without damage to that project or indeed to the criminal law more widely.

An examination of the extent to which familliar requirements and defences in criminal law apply to child defendants, with or without adaptation.

ISBN: 978 0 7486 4070 6

An examination of the nature of civil preventive orders, and an argument that they are anomalous and that, given their effects, they should attract all the safeguards of criminal proceedings.

ISBN: 978-0-19-960055-7

This chapter promotes a moral landscape for looking at the law on sexual offences and suggests principles which should underpin it.

Abstract: The book collects together work by authors from England, France, Spain, Italy and Belgium in order to examine the impact of the European Court of Justice (ECJ) in the field of criminal law. The first part investigates the case law of the ECJ per se, while the second part examines the interaction between this jurisprudence and the domestic systems of the Member States. In the case of the UK, Williams and Padfield seek to explain why there has not been so much discussion of European criminal case law in the domestic courts of England and Wales as there has been in other Member States.

A discussion of relational autonomy as a concept and in particular how it might be used to develop a law on rape

ISBN: 9781841139463

A discussion of the offence of 'familial homicide'

ISBN: 9780754673347

Discussion of offences which can be committed against corpses.

ISBN: 9781841137322

A collection of criminal law statutes.

Collection of statutes

ISBN: 0145552818

An article discussing the use of s. 5 Domestic Violence Crime and victims Act.

DOI: 10.1080/10439463.2012.671825

This article discusses how four authors came together to create – inside a police service – a specific approach to public ‘trust and confidence’. We have had many theoretical debates – about the nature of public understanding of policing, police culture, procedural justice and public trust in public institutions in a democracy. Also, while we continue to debate, we wade through mounds of data gathered routinely through the Metropolitan Police's own Public Attitude Survey. Reporting internally on a quarterly basis, the survey challenges police colleagues to think about how the police must demonstrate to citizens their trustworthiness to act fairly, effectively and with the best interests of communities at heart. Our experience of moulding the discourse about public confidence inside the largest police service in the UK suggests that police culture itself has been challenged by the accountability that lies at the heart of trust and trustworthiness. We have been asked by the editors of this issue to share with readers how we have come to create a contribution to understanding what drives confidence in policing, which is now a routine part of its performance management.

DOI: 10.1093/bjc/azq078

Public trust and confidence are vital to the police function. There has been much comment and debate about the apparent decline in confidence in the British police since the 1950s, most frequently evidenced by data from the British Crime Survey (BCS). Yet, there has been relatively little in-depth interrogation of the data at the heart of the discussion. Pooling data from 11 sweeps of the BCS (1984 to 2005/06), this paper shows a homogenization over time in trends in trust and confidence and experiences of encounters with the police. This pattern is found across both age and ethnicity, and can also be identified in other variables. The story that emerges therefore differs from analyses that emphasize the increasingly diffuse and variable nature of public experiences of the police.

DOI: 10.1093/police/par027

Centralized performance frameworks for the police in England and Wales have been the subject of considerable debate. Evidence from both the British Crime Survey and local force surveys shows that setting performance targets for public confidence in the police based on single indicator survey measures can have conceptual and practical difficulties. Specifically, such measures can misrepresent the views of some respondents and might underestimate public support for the police. We argue in favour of local public attitudes surveys reconfigured to measure aspects of procedural fairness, police legitimacy, and public intentions to co-operate.

DOI: 10.1177/1748895811408832

Public confidence in the criminal justice system (CJS) is a topic of perennial concern across the United Kingdom, particularly in light of the relatively low levels of confidence reported in the British Crime Survey (BCS) and elsewhere. Recent work on policing has stressed that the experience of procedural fairness is an important influence on ‘user-satisfaction’, trust and legitimacy. Yet it is unclear whether this emphasis on fairness applies to the CJS as a whole, which many might see as primarily there to manage — and punish — offenders as efficiently as possible. This article reports on analysis of the BCS that suggests contact with Victim Support is linked to more favourable views of the fairness of the CJS and to higher levels of confidence in its effectiveness. By providing victims with voice and a sense that someone is listening to and taking their concerns seriously, contact with VS seems to be linked to more favourable overall assessments of the CJS. A space is therefore opened up for approaches to enhancing public confidence that do not rely on ever more punitive policies, or on the arguably Sisyphean task of convincing the public that extant policies are punitive enough.

DOI: 10.1111/j.1468-2230.2011.00844.x

This article considers the development and use of the law regulating the prosecution of parents under section 444 of the Education Act 1996, in the broader context of legislation and policy initiatives concerned with the governance of parental responsibility. It explores the ways in which the power to prosecute parents has been used by local educational authorities (LEAs) and interpreted by the courts. The article critically analyses the manner in which the powers emphasise punishment and retribution in the context of the social moralisation of flawed parents; pay insufficient regard to the effects of parental responsibility laws on low-income, single parent families; represent an attempt to impose a simple solution on to a complex socio-economic problem; and amplify the scope for mothers to be made the subject of criminal justice interventions. It is argued that the prosecution of parents imposes an unfair burden on mothers and, in particular, single parent mothers.

DOI: 10.1093/bjc/azq005

Enhancing trust and confidence has moved to the centre of policing policy in England and Wales. The association between direct encounters with police officers and confidence in the police is well-established. But is it possible for the police to increase confidence among the general population including those people who do not routinely come into direct contact with police officers? This paper presents the findings from a quasi-randomised experiment conducted on population representative samples in seven London wards that assessed the impact of a leaflet drop on public perceptions of policing. The results provide strong evidence of an improvement in overall confidence, and in perceptions of police–community engagement, specifically. The leaflets also appear to have had a buffering effect against declines in public assessments of police effectiveness. The findings support the idea that public trust and confidence can be enhanced by direct police communication of this type.

DOI: 10.1016/j.ijlcj.2009.03.001

Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locatc law as a critical matter of social structure - and power - which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the ernpifical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, 'the social', and the operation of law. It concludes that law is not 'socially marginal' but socially, totally central.

DOI: 10.1177/0038038507087357

This article proposes a (re)consideration of antisocial behaviour control informed by an analysis of the seminal work of sociologists of `reflexive modernity' (Beck, 1992, 1994; Giddens, 1990, 1991; Lash, 1994). It is hoped that the arguments advanced within this article will prompt further consideration of the following questions: What does the relative neglect of the reflexive modernity thesis tell us about the domain conjecture(s) of sociological theory on antisocial behaviour policy and the use of ASBOs? And can a focus upon reflexive modernity theory help to construct a more proportionate account of ASBOs as a form of social control? Hence, it is the purpose of this article to consider critically the implications of Beck's `risk society' to our understandings and explanations of antisocial behaviour, ASBOs and social control, by linking the late modern (re)formatting of antisocial behaviour(s) and the creation of ASBOs to the new parameters of the `risk society'.

DOI: 10.1111/j.1468-2311.2007.00486.x

It has been argued that the introduction of anti-social behaviour orders (ASBOs) has created a `new domain of professional power and knowledge' ( Brown 2004, p.203). That is, local authorities have become `the main agency of [social] control' ( Brown 2004, p.205). Alternatively, this article considers the effects of subjective legislative terminology, pivotal jurisprudential decisions, the courts' protection of individual liberties versus the public interest, and the relevance of an overburdened summary criminal justice system, and attempts to locate the position of the judiciary within ASBO cases, not as a supportive or subordinate one, but in fact as a component of elementary importance.

Antisocial behaviour orders (ASBOs) are increasingly being used to proscribe non-illegal behaviour that is disapproved of, or which does not conform to accepted social norms. In some circumstances, the use of ASBOs appears to over-ride legal convention for reasons of political pragmatism. This article looks at the questions raised about the value and status of civil liberties and human rights within anti social behaviour legislation, and also within the wider 'tough on crime' agenda.

Abstract: This monograph discusses public opinion in the field of criminal justice, drawing upon research conducted in many western nations.

ISBN: 0 335 21536X

Abstract: This mongraph was then first two explore the world-wide phenonmenon of penal populism, drawing upon criminal policy developments in five jurisdictions. It has been positively reviewed in the Australia and New Zealand Journal of Criminology, Alberta law Review and Canadian Journal of Criminology.

ISBN: 0-19-513623-3

Abstract: This edited volume explores the relationship between criminal and restorative justice. It contains contributions from many of the leading scholars in the field from around the world.

ISBN: 1-84113-273-X

Abstract: This volume explores the evolution of public attitudes to punishment in western nations.

ISBN: 1-84392-002-6

forthcoming

Abstract: Review of public attitudes to corrections

Abstract: Chapter charting the evolution of conditional sentencing in Canada

Abstract: This text explores a diversity of issues in criminal justice in Canada.

ISBN: 0-19-513623-3

Abstract: Roberts is the first editor and individual responsible for producing this volume. It draws upon research conducted around the world and has been favorably reviewed in: Criminal Justice; SCOLAG Law Journal;British Journal of Criminology and British Society of Criminology Bulletin.

ISBN: 1-84392-003-4

A critique of the law and practice relating to departues from the sentencing guidelines in England and Wales

A critical assessment of the provisions of the Coroners and Justice Act 2009 relating to sentencing guidelines and the new Sentencing Council.

Critical review essay of Markus Dubber The Police Power: Patriarchy and the Foundations of American Government.

ISBN: 1933-4192

Abstract: This is a brief overview of the literature and issues associated with self-harm in women's prisons. It served as an introduction to a longer paper by someone else and a response both of which I commissioned and edited for the journal. The journal is one of the official publications of the American Society of Criminology.

This article examines attempts to regulate the growing private security market drawing on the literatures of economic analysis of law and regulation.

ISBN: 1748-8958

Examines the implications of risk reduction as a basis for penal policy and explores how adjacent social scientific disciplines conceive, deploy, and respond to risk.

ISBN: 1707-7753

A critical review of the major sentencing provisions introduced by the Criminal Justice Act 2003.

ISBN: 0026-7961

Critique of foundations for recent criminal justice legislation

ISBN: 0011-135X

Abstract: This is a comparison of historical and contemporary issues to do with race and prisons in the UK, France and the USA.

Abstract: This report presents a discussion of data on the introduction of restorative processes in the police complaints system.

ISBN: 0 947811 19 2

Abstract: A description of the recent move towards using restorative justice for the complaints and discipline process in the Thames Valley.

ISBN: 0300-3558

Abstract: This article contributes to the debate in the Criminal Law Review between Erez and Ashworth on victim impact statement schemes (VIS). The authors argue that VIS are misconceived in principle and unsatisfactory in practice.

ISBN: 0011 135X

DOI: 10.1007/s11572-007-9033-2

Re-assessment of the trend away from traditional criminal law and criminal procedure, and re-assertion of the normative significance of criminal law principles and protections.

An exploration and refinement of the application of the proportionality principle in the theory of punishment and sentencing.

ISBN: 0-19-927260-3

The third (expanded) edition of a critical text on the English criminal process and criminal procedure.

ISBN: 0-19-927338-3

Abstract: This book pulls together scholarly research, government publications and first hand accounts to provide the first overview of policy and practice in the US Federal Prison system. It also contains an appendix listing and describing all federal prisons. It is a cross-over book, designed for prison researchers, prisoners and those who work with them. It was positively reviewed in academic journals.

ISBN: 0-7619-2304-7

An attempt to discuss the distinctions and interrelations between criminology, criminal justice and criminal law.

ISBN: 978-0-19-957182-6

Abstract: This chapter explores the ways in which the police in the UK use the principles of restorative justice in their encounters with victims and offenders, adult and juvenile. It argues that there are practical and philosophical objections to the police involvement in restorative justice, and that these, at lesat in part, explain wy there seems to be less restorative activity in the UK in 2008 that there was at teh start of the twenty-first century

ISBN: 978-1-84392-323-7

Exploring the compatibility of plea bargaining with the presumption of innocence.

ISBN: 978-3-8329-2537-6

Abstract: Chapter in book I coedited on race, gender and punishment. Analysis of recent legislation in the USA.

ISBN: 0-8135-3904-8

Authoritative overview of the literature and research on victims and their role in the criminal process for the key criminological textbook in the field.

ISBN: 978-0-19-920543-1

An appraisal of the impact of economic analysis/rational choice theory on criminal justice politics and Home Office policy making.

ISBN: 0-19-920840-9

Questions the status of privacy as a right and attempts to articulate the range of interests that arise when reference is made to privacy.

ISBN: 90-5095-545-2

Profiles on the criminal justice systems of Australia, Bosnia and Herzegovina, and Yugoslavia for the Encyclopedia Of Law Enforcement

ISBN: 0-7619-2649-6

Image - space - control. Video control as a sign of societal change. Book chapter on the impact of CCTV on police practices in Britain, with particular reference to the implications of recent findings on the use of police surveillance technologies in Germany and Europe more generally.

ISBN: 3-518-29338-9

Abstract: Empirical research by the authors is used to illuminate the developing practice of police-led restorative justice in the UK.

ISBN: 1-84113-273-X

Abstract: This chapter considers the development of restorative justice, its applications, its relationship with state justice, its relationship with vengeance and punishment, and some interconnected philosophical issues.

ISBN: 1-84392-033-6

Abstract: This chapter explores the various ways in which the police are experimenting with the principles of restorative justice in the United Kingdom and draws on empirical research conducted by the authors.

ISBN: 1-84392-020-4

Abstract: An assessment of the prospects and pitfalls of restorative justice.

ISBN: 0-19-925395-1

Abstract: I contribute a chapter, plus a co-written introduction and conclusion. This is a collection of original essays on the history, theory and contemporary format of race, gender and punishment in the US.

ISBN: 0-8135-3904-8

Edited volume of leading articles in the field selected and introduced by us.

ISBN: 0 7546 2600 8

Abstract: This two volume work was awarded Best Reference 2005 by the Library Journal. I contribute some entries, as well as an introduction.

Abstract: An innovative edited collection of original theoretical analyses and previously unpublished empirical research on criminal victimisation. I edited this with Richard Young, wrote a chapter and a preface.

ISBN: 1-84113-280-2

Abstract: This study reports the results of a 24 month resanctioning study of traditional and restorative cautions. It compared the resanctioning rates of over 29,000 offenders in the 3 police forces (2 using restorative cautions and 2 using the traditional process). No evidence was found to suggest that restorative cautioning resulted in a statistically significantly reduction in the resanctioning rate or the frequency or seriousness of offending.

ISBN: 1 84473 479X

Abstract: This report presents the findings of a two-year study examining the use of restorative justice within the police complaints system.

ISBN: 0 947811 20 6

Abstract: This report on the findings of a three-year study conducted in the Thames Valley provides unique insight into the development and achievements of the first large-scale restorative justice programme in the UK.

ISBN: 1-84263-071-7

Reducing energy use in tenanted commercial property requires greater understanding of ’buildings as communities’. Tenanted commercial properties represent: (1) the divergent communities that share specific buildings and (2) the organisational communities represented by multi-site landlord and tenant companies. In any particular tenanted space the opportunity for environmental change is mediated (hindered or enabled) through the lease. This discussion draws on theoretical and practical understandings of (i) the socio-legal relationships of landlords, tenants and their advisors; (ii) the real performance of engineering building services strategies to improve energy efficiency; (iii) how organisational cultures affect the ability of the sector to engage with energy efficiency strategies; and (iv) the financial and economic basis of the relationship between owners and occupiers. The transformational complexity stems from: (i) the variety of commercial building stock; (ii) the number of stakeholders (solicitors, investors, developers, agents, owners, tenants and facilities managers); (iii) the fragmentation within the communities of practice; and (iv) leasehold structures and language. An agenda is proposed for truly interdisciplinary research that brings together both the physical and social sciences of energy use in buildings so that technological solutions are made effective by an understanding of the way that buildings are used and communities behave.

DOI: 10.1108/17561451211211714

The paper explains how difficult it is within the structure and content of conventional leases to reduce the environmental impact of the tenanted commercial built environment. It explores the interplay between the content and structure of commercial leases and the behaviour of building owners, managers, tenants and occupants, illustrated through the experiences of a large Australian-based commercial office building owner/operator.

This paper explores the potential impact that the introduction of the UK’s CRC Energy Efficiency Scheme will have on a) energy use in the tenanted commercial built environment and b) the idea of the net lease.

Computational models are fundamental to environmental regulation, yet their capabilities tend to be misunderstood by policymakers. Rather than rely on models to illuminate dynamic and uncertain relationships in natural settings, policymakers too often use models as “answer machines.” This fundamental misperception that models can generate decisive facts leads to a perverse negative feedback loop that begins with policymaking itself and radiates into the science of modeling and into regulatory deliberations where participants can exploit the misunderstanding in strategic ways. This paper documents the pervasive misperception of models as truth machines in U.S. regulation and the multi-layered problems that result from this misunderstanding. The paper concludes with a series of proposals for making better use of models in environmental policy analysis.

ISBN: 1061-8651

DOI: 10.1093/jel/eqq012

Environmental models are playing an increasingly important role in most jurisdictions and giving rise to disputes. Despite this fact, lawyers and policy-makers have overlooked models and not engaged critically with them. This is a problematic state of affairs. Modelling is a semi-autonomous, interdisciplinary activity concerned with developing representations of systems and is used to evaluate regulatory behaviour to ensure it is legitimate. Models are thus relevant to lawyers and policy-makers but need to be engaged with critically due to technical, institutional, interdisciplinary and evaluative complexities in their operation. Lawyers and policy-makers must thus think more carefully about models and in doing so reflect on the nature of their own disciplines and fields.

ISBN: 0952-8873

DOI: 10.1093/jel/eqp012

Many environmental law scholars perceive environmental law scholarship as immature. We discuss why this self-perception has arisen and argue that a common theme is methodology. We argue that the subject can only mature when we face its methodological challenges head on, and we identify four particular issues that have given rise to these challenges: the speed and scale of legal/regulatory change, the interdisciplinary nature of the subject, the heavy reliance in environmental law on a diverse range of governance arrangements and the multi-jurisdictional nature of the subject. We argue that there is a need for debate in the face of these challenges and identify some starting points for that debate.

ISBN: 0952-8873

DOI: 10.1108/14635780810908389

The paper considers how policy changes may drive changes in leasing practices, in order to reduce environmental impact from the commercial building stock.

ISBN: 1463-578X

DOI: 10.1080/13669870802086547

The European Union's new chemicals regulation, REACH, has been one of the most controversial pieces of legislation in EU history. Indeed, the debate over REACH is akin to a 'perfect storm' in that the intense controversy over it has been caused by three regulatory aspects of the regime. First, REACH privatizes information collection, provision and assessment. Second, REACH represents a significant application of sustainable development and in so doing, redefines the conditions on which the EU chemicals market operates. Third, REACH will inevitably have inter-jurisdictional impacts for both supranational and national legal cultures including trade law implications, REACH being a template for international initiatives, it being a policy/legal irritant in other jurisdictions, and it providing information for public and private action in other jurisdictions. A charting of these different aspects of the regime not only provides a more nuanced account of REACH but also provides a clearer understanding of the challenges of regulating environmental and health risks in an era of market globalization

ISBN: 1366-9877

The article looks at issues relating to the harmonisation of contract law in the context of the decision of the HL in DGFT v First National Bank

ISBN: 0943-3929

Paperback version (with new foreword) of 2007 publication

ISBN: 9781849460880

A discussion of the different roles risk regulatory concepts are playing in public administration and the legal implications of those roles.

ISBN: 9789264082922

An analysis of the merits review powers of Australian environmental courts that illustrates that such powers vary dramatically and have at least four different aspects relating to scope of review, relevant considerations, procedure and evidence.

ISBN: 9781841137872

Interdisciplinary piece looking at the relationship between frameworks for implementing the pp and understandings of good public administration

ISBN: 9780000000000

14 000 word piece analysing the role of private actors in EC environmental law and arguing the need to see their role in public law terms

ISBN: 291339728X

The twin themes of this chapter are, first, the need for careful accommodation at the EU level of the diversity of Member State interests and concerns in the energy field ... and, second, the slow but real shift in EU (and some national) energy law and policy away from reliance upon market mechanisms and towards more complex regimes ... to achieve a myriad of public interest goals.

ISBN: 978-1-849460-046-0

The case-law of the European Court of Justice in the field of company law has repeatedly touched on the question of abuse, most notably in the situation where a company was set up in a Member State only to do business exclusively in another. Starting with the landmark case of Centros in 1999, the Court has repeatedly stressed that it employs a liberal approach towards abuse in this field. According to the Court, making use of the disparities of different legal standards when setting up a company is not abuse, but explicit use of the freedom of establishment. This paper analyses the Court’s approach towards abusive behaviour in company law and assesses the impact that the leading cases since 1999 have had both on business behaviour in the EU and on the national law-makers who have responded to the opening of the markets. It is shown that the Court has provoked a sizeable entrepreneurial migration from various countries towards the UK. This in turn has led to regulatory competition, in that other Member States in continental Europe have been forced to adapt their company law to make it more attractive for businesses. It is argued that at least so far, the (limited) competition between Member States has been beneficial and has reduced both registration time and costs. Questions remain as to the relevance of any comparison with the United States and the future developments for corporate re-incorporations.

This report seeks to examine how to avoid distortions of competition which may result from the use of public, rather than private, capital or which may result from differences in Member States’ definitions of public interest goals and in the instruments employed to attain such goals. It aims to discover for what purposes the state may intervene in the market economy and how. In so far as such intervention is by the State investing capital into a commercial enterprise in accordance with national company law, it seeks to ascertain whether the EU Treaty permits, restricts or prevents the same.

The VW case is the latest in the series of "golden shares" cases. Whilst the previous cases concerned special rights the State was granted, the VW law provided provisions that applied equally to all shareholders. The ECJ was therefore tempted to open the assessment of general rules of company law and their compatibility with the free movement of capital. However, the Court ultimately refrained from delivering a clear statement.

ISBN: 0165-0750

This note discusses the judgment of the German Constitutional Court of 9 September 2011, according to which the Euro Bailout agreements of 2010-2011 may be unconstitutional, if they encroach on the 'Budgetary Sovereignty' of the German People.

This article is concerned with whether the concept of a legal system - long a centrepiece of state-based legal theories – is a useful conceptual tool in theorising the contemporary European Union and its legal relations with its Member States. The focus lies particularly with EU Directives, and with what the character and operation of this distinctive type of EU norm can tell us a regards the existence of and relations between legal systems in the EU. I argue for the view that the EU is comprised of distinct but interacting legal systems at EU and national level, and claim that the character and operation of directives supports this view. Throughout the discussion I try to bring the conceptual tools of analytical legal philosophy to bear on puzzles generated by EU law and its relations with national law, in order to show that a sound analysis of aspects of the EU can benefit from abstract legal philosophical reflection, and vice versa.

This article assesses the appropriatess of an 'optional instrument' in contract law foreseen by the European Commission

Abstract: In October 2008 the EC Commission published a Proposal for a Directive on Consumer Rights. This proposal seeks to put together provisions from four existing directives of the consumer acquis, replacing the traditional ‘minimum’ nature of their protection with ‘complete harmonisation’. This article explains the substantive changes proposed for two of these directives (unfair contract terms and consumer sales) and it identifies a fundamental ambiguity in what is meant by full harmonisation for this purpose. For ‘complete harmonisation’ would either require Member States to disapply all other national legal rules which could overlap with the impact of these two sets of harmonised rules in their respective contexts (all rules affecting the validity of terms in consumer contracts, all remedies in respect of failures in quality, fitness for purpose or contractual conformity of goods in consumer contracts of sale of goods), with costs in terms of national coherence and the development of perverse incentives as well as in terms of the weakening of the substantive legal policies pursued by those rules. Or an attempt would have to be made to restrict the impact of ‘full harmonisation’ to the conceptual schemes actually set out by the Proposal, leaving untouched ‘other grounds’ of control of contract terms or buyer’s rights (as the case may be). This second approach would enable the undesirable effects of the first choice to be avoided, but it would fundamentally undermine the economic purpose of introducing full harmonisation.

La proposition de directive relative aux droits des consommateurs(octobre 2008) rassemble dans un seul texte les quatre directives sur l'acquis communautaire en vue de l'« harmonisation totale » de la protection des consommateurs. Cet article éclaire les changements substantiels par rapport à deux de ces directives (clauses contractuelles abusives et ventes au consommateur), et l'ambiguïté du concept d'« harmonisation totale ». Soit celle-ci écartera l'application des dispositions nationales pouvant empiéter sur le domaine des règles harmonisées, conformément à l'inspiration économique de la Proposition, soit elle n'affectera que les lois nationales de transposition de la Proposition, sans préjudice du contrôle des clauses abusives ou des droits.

Renewables require support policies to deliver the European 20% target. We discuss the requirements for least-cost development and efficient operation and quantify how different schemes (i) allow for the development of a renewable energy technology portfolio; (ii) reduce rent transfers to infra-marginal technologies or better than marginal resource bases and (iii) minimise regulatory risk and thus capital costs for new projects. Long-term take-or-pay contracts minimise regulatory uncertainty, create appropriate incentives for location and operation, allow for efficient system operation and seem compatible with European state aid. We discuss how property rights legislation protects existing renewables investors, and thus can ensure ongoing investment during a transition towards the new scheme.

Thematic review and evaluation of ECJ caselaw on sex equality from 2000 to 2006, including the general principle of equal treatment / non-discrimination.

‘The Direct Effect of Community Law: Conceptual Issues’ 16 Yearbook of European Law (1996) 205-221.

The previous edition was published in 2003: for the 2007 edition there were further extensive revisions to take account of major developments, including four new chapters.

ISBN: 978-0-19-957699-9

pp 521-571

ISBN: 978-1-84113-938-8

Comprehensive analysis of the interaction of the Asylum Procedures Directive with the general principles of EC law, and other procedural guarantees embedded in human rights law more generally.

This article explores the impact of the Unfair Commercial Practices Directive of 2005 on EC and national contract laws.

examines the position of the ECHR in EC law, and how the ECtHR reviews EC/ EU measures

ISBN: 0 853089264

The paper argues that subsidiarity has failed to achieve its aims since the Community institutions, including the Court of Justice, have regarded it as a principle running against the grain of European integration. Little or no effort has been made to use the criteria in the Amsterdam Protocol as a constitutional filter to weed out proposals for legislation which encroach on the principle that decisions should be taken as closely as possible to the citizen. The writer considers the proposals in the European Constitution that national parliaments monitor application of the subsidiarity principle. The conclusion is that the likely outcome is business as usual, but that this outcome is not inevitable, and that there is at least a real possibility that the involvement of national parliaments would give a practical effect to subsidiarity which it has lacked so far.

Integration and Exclusion in the Migration Policy of the European Union - Fortress Europe?

ISBN: 3-406-51330-1

chapter on Options for a European Immigration Legislation

xxv + 636 pp. The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

ISBN: 978-1-84113-938-8

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.

ISBN: 9781841132419

A discussion of the Draft EU Constitution

Casenote arguing that in two recent decisions, Lady & Kid and Accor, the ECJ has extended its involvement in national causes of action in unjust enrichment still further. But by denying all defences to such claims other than a very literal version of the passing on defence, without hearing proper principled argument on the range of defences which might be available, the ECJ has replaced a loss of competence at national level but not the corresponding loss of principled reasoning. The casenote argues that these decisions thus provide further evidence of the problematic nature of the ECJ's so-called 'remedies jurisprudence'.

This article maps (through diagrams) and analyses the changes made by the Coroners and Justice Act 2009 to existing Special Measures Directions for child witnesses, child defendants and complainants of sexual assault under the Youth Justice and Criminal Evidence Act 1999. Adult defendants suffering from some form of significant mental impairment are for the first time made eligible to apply for leave to testify using the live link and with the assistance of an intermediary. In addition, the 2009 Act deems witnesses to violent offences against the person involving the use of firearms or knives to be intimidated and hence automatically eligible for Special Measures. The article concludes that the measures for defendants do not go far enough and are susceptible to challenge under ECHR Article 6, and perhaps go too far in introducing anomalies in the treatment of different categories of intimidated witnesses.

In December 2004 the Government announced a review of child evidence with a remit to consider whether section 28 of the Youth Justice and Criminal Evidence Act 1999, providing for video taped pre-trial cross-examination, should be retained in some form, to review the performance of Special Measures for child witnesses, and to consider measures for vulnerable defendants. The Review Group's Consultation Paper, Improving the Criminal Trial Process of Young Witnesses, was published only in June 2007. This article critically evaluates the most significant recommendations. As of October 2008, the Government had yet to publish its position regarding the responses to the Consultation Paper, notwithstanding that the consultation period had closed in October 2007.

ISBN: 0011 135X

A revised and improved version of my SALJ article, written for a British readership and dealing with attacks on the presumption of innocence.

An exploration of the justifications for the presumption of innocence, and the various arguments for curtailing it by reversing the burden of proof in certain types of case.

evaluates the decision of the House of Lords in Camberwell Green Youth Court ex parte D [2005] UKHL 4, [2005] 1 WLR 393, which held that mandatory Special Measures Directions for child witnessesunder the Youth Justice and Criminal Evidence Act 1999 in principle comply with ECHR Article 6.

The Youth Justice and Criminal Evidence Act 1999 enables courts to issue Special Measures Directions to protect children and other vulnerable witnesses. This article reviewed the compatibility of these measures with the fair trial guarantee contained in article 6 of the European Convention on Human Rights. Subject to a few doubtful cases, including the withholding of Special Measures from child defendants, the great majority of Special Measures Directions were concluded to be likely to be ECHR-compatible. It was cited with approval by the House of Lords in R v Camberwell Green Youth Court ex parte D [2005] UKHL 4, [2005] 1 WLR 393, in holding that the 'primary rule' regime for child witnesses was compatible with article 6, but expressing doubt about the exclusion of child defendants from Special Measures.

ISBN: 0011 135X

This article maps and analyses the Special Measures Directions introduced for child and other vulnerable and intimidated witnesses by the Youth Justice and Criminal Evidence Act 1999. Simplified versions of the diagrams in this article are reproduced in the several editions of the official government guidance to Special Measures Directions, Achieving Best Evidence (Home Office et al).

Reports on the results of an empirical research study commissioned by the Crown Prosecution Service on how Crown prosecutors use the Code for Crown Prosecutors to make decisions regarding a range of offences, using the evidential and public interest criteria.

This book examines the whole process of child protection from complaint investigation to prosecution in the criminal and civil courts. It provides a coherent analysis of current law and procedure across the legal and geographical boundaries within which legal discussion of child abuse is usually confined, analysing criminal, family, tort, human rights and evidence law as they bear on child abuse cases. Comparative material is drawn from over 75 jurisdictionsusing the adversarial trial model. The book was awarded the first Inner Temple Book Prize (2008). The paperback edition is updated in English law, including the Coroners and Justice Act 2009 enacted on 12 November 2009.

ISBN: 978-0-19-829946-2

This reports the findings of a qualitative empirical research study commissioned by the Home Office in 1997, to investigate the extent to which cases of alleged sexual, physical and emotional abuse or neglect are not prosecuted because the evidence gathered during the investigation are deemed insufficient or inadmissible. The study examined how that evidence is collected and evaluated in each of the three phases of a criminal prosecution: the interagency investigation, the assessment by the Crown Prosecution Service, and the trial.The study also provides a comparative survey of measures to facilitate the taking of children's evidence in other jurisdictions, in particular in Canada, United States, New Zealand and Australia.

ISBN: 1-84082-357-7

A principled analysis of the jurisprudence of the European Court of Human Rights on the admissbiility of evidence obtained through violation of a Convention rights.

ISBN: 9781849461726

This is an entirely new chapter for Blackstone’s Criminal Practice, and explains the statutory provisions and case law governing (1) special measures for child and vulnerable witnesses, including defendants (2) best practice in questioning child and vulnerable witnesses and (3) witness anonymity orders.

Chapters on Character

ISBN: 1847036066

I am responsible for chapters 34 (Right to Silence, 35 (Confessions), 36 (Statements in Presence of Accused), 37 (Agency etc)The book is updated with supplements - one is being prepared for Sept 07

ISBN: 421874708

This article deals with complex and overlapping law relating to (i) the adverse inferences which may be drawn, and judicial directions to be given, when the accused fails to mention a fact when questioned he later relies upon in his defence (now mainly statutory), and (ii) lies (usually told when questioned, but sometimes given in the witness box - common law).

ISBN: 406964394

DOI: http://www.bepress.com/til/default/vol13/iss1/art3

The paper argues that claims that individualism has overcome normative behaviour within families are incorrect, but also that state's should be cautious about translating social norms that operate within families into legal norms. Three types of approach to the relationship between legal and social norms within families are sketched, and it is suggested that one, styled "purposive abstention",should normally be preferred.

DOI: http://www.managementtoday.co.uk/features/1132651/mt-expert-

Article on decision-making

This paper centres on the distinction between norms related to family behaviour expressed through state law and practice and such behaviour itself. Such expression requires justification because it prescribes rather than describes social behaviour. It is maintained that a necessary condition for justification should be that the family-related norm enhances the well-being of individuals in the family, and that the application of this condition requires careful evaluation of empirical evidence, in particular, an appreciation of the relative effects of legal events and of social behaviour. The paper examines such evidence in regard to a number of issues.

The articles considers the reasons given by policy-makers for reducing legal aid for family matters and argues that they reflect a diminished sense of the role of justice in family relationships, and blindness to the role of lawyers in resolving family conflicts.

An analysis of the Arbitration and Mediation Services (Equality) Bill 2011

ISBN: 0014-7281

An article discussing pre-nups

Article discussing how cases involving chidlren with competing intersts should be dealt with.

Discussion of developments in the law on relocation

discussion of recent case on relocation of children.

An article considering the interpretation of the Gillick decision

A discussion of legal interventions to protect children and vulnearble adults.

A discussion of evidence in care proceedings with cases involving shaken babies.

A discussion of the meaning of domestic violence

Discussion of LG v DK

Discussion of surrogacy law

This paper centres on the distinction between norms related to family behaviour expressed through state law and practice and such behaviour itself. Such expression requires justification because it prescribes rather than describes social behaviour. It is maintained that a necessary condition for justification should be that the family-related norm enhances the well-being of individuals in the family, and that the application of this condition requires careful evaluation of empirical evidence, in particular, an appreciation of the relative effects of legal events and of social behaviour.

A description of empirical evidence about the effects of family law on social behaviour

A discussion of pre-nups

Consideration of recent cases on ancillary relief on divorce.

An article discussing big money divorce cases

An article discussing issues surrounding child protection cases

This paper argues that rights and responsibilities in family law should not flow from the sex of the parties or the nature of any sexual relationship between them

Article on law and older people

A discussion of the Law Commission's proposals on intestacy

This article considers developments in the law protecting vulernable adults.

A discussion of when the law allows and should allow the revocation of an adoption.

Discussion of enforceability of agreements between divorcing couples.

Accepted for the special issue on the Future of Marriage by this US publication in the Fall of 2007, the article draws on the author's research and UK legal developments to contribute to the debate over marriage in the USA.

ISBN: 0014-729X

Article discussing relevance of HRA to domestic violence cases.

Article on relocation of children

Article considering the potential impact of the Human Rights Act on domestic violence cases.

Discussion of the relationship between deciding issues about children on the basis ofrights and on the basis of welfare

ISBN: 1328-4576

Criticism of Court of Appeal decision on allocation of assets on divorce

ISBN: 0014-7281

Report of data from empirical study on the understanding of the purpose of marriage and obligations arising in domestic relationships, demonstrating differences between white British and ethnic minority respondents.

ISBN: 0265-8240

Article on the welfare principle

Article on financial orders on divorce

Discussion oflaw and policy when children are subjected to competing claims from cultural groups

Discussion of human rights issues in enforcement of contact orders

Describing historical trends in family law

Article discussing cloning.

Ideas and Debates in Family Law is written for the student of family law, at undergraduate level and beyond, who is looking for less orthodox ideas about family law. The book is divided into three sections. The first looks at themes in family law, addressing challenges facing the family justice system, the inter-relationship between rights and responsibilities, and the increasing internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, asks whether the 'contractualisation' marriage will open up the possibility of all the marriage 'terms' being negotiable by the parties, and explores the value of 'fairness' in family finances. The third section is about children. It starts with a defence of the welfare principle, suggesting that some criticism of the paramountcy approach may be based on a parody of the law, and then addresses the importance of keeping parental responsibility and practical parenting connected to one another. Useful as a teaching tool by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues.

ISBN: 9781849462549

A book on decision making techniques

Russian edition of book on arguing.

ISBN: 9785989950775

Textbook on family law

ISBN: 9781408255520

Collection of essays on key cases in family law

ISBN: 9781849461016

Sample questions and answers on family law

ISBN: 9781408241271

A detailed analysis of the relevance of the ECHR and rights analysis to family law.

ISBN: 978 1 84113 175 7

A short guide to Family Law

A book giving practical advice on how to argue well, or better, how to avoid arguments.

ISBN: 9780273734185

A textbook on family law

ISBN: 99781405899567

A book looking at the legal treatment of old age. It also consider the interaction of social policy and law on the lives of older people.

A collection of essays discussing parental reponsibility

A light-hearted guide to bizarre family law cases.

ISBN: 9780273723257

A revision guide for family law

ISBN: 978140589953

The article considers how the law interacts with caring practices.

Family Law Textbook

ISBN: 9781405847155

A discussion of the issue of recognition of the family law of minority communities, with special reference to sharia law in England and Wales

ISBN: 978-1-78068-052-1

A discussion of the proposed reforms to the procedures on divorce, in the light of the work of Stephen Cretney's approach to the issue

An exploration of how a human rights approach might be used to combat elder abuse.

A discussion of the role vulnerability plays in the construction of childhood in the law

A chapter discussing the law on age discrimination and how that might develop.

ISBN: 9780230240933

An article examining the causes of elder abuse and in particular the extent to which the stress suffered by carers leads to abuse.

A discussion of major legal developments in family law in 2010.

A discussion of the English Law on parental responsibility.

discussion of major case law developments in family law in 2009

Commentary on feminist responses to marriage and mental capcity

A discussion of the use of the concepts of rights, welfare, care and gender in family law

Discussion of the nature of parental responsiblity

A discussionof the law and ethics of the naming of chidlren

Review of developments in family law

The chapter considers the legal treatment of old age.

ISBN: 9786199237999

Chapter conisdering the obligations owed between adult children and their parents

ISBN: 9780754671091

Discussion of medical and legal understandings of death

ISBN: 978141137322

Discussion of developments in family law in 2005

A theoretical discussion of the nature of obligations in the family context, designed as providing a theoretical backgrounbd to an empirical research project

ISBN: 1-841113-547-X

Summary of legal developments in family law in 2004

Overview of child protection law and policy in England

A collections of essays looking at the use of rights in family law, primarily from a feminist standpoint.

ISBN: 10 0415482674

Socio-legal book on death

ISBN: 9781841137322

This report was commissioned by the Law Commission of Canada. However, shortly after the report was published on the Law Commission’s website in 2005, the incoming Canadian government abolished the Commission and reports on pending issues were removed from the website. It is now available on the SSRN site.

discussion of Radmacher v Granatino

A discussion of Re P [2008] UKHL 38.

Review of Helen Reece, Divorcing Responsibly

This article argues that mainstream interpreters have been wrong to hold that academic investigations into social (including historical and political) affairs may benefit only from restrictive “research” provisions of the European Union Privacy Framework, namely Data Protection Directive 95/46/EC and transposing national laws, and not from the far more liberal provisions provided for journalism, literature and art. Academic social investigation is clearly orientated towards the production of books, articles and other publications. It fits entirely within “literary” and possibly even “journalistic” processing. Even if such work also falls within “research” as per the Directive, the exemptions in the instrument cannot sensibly be read as imposing a rigid exclusivity requirement on processing. By imposing severe restraints on “high value” academic speech whilst granting “low-value” “infotainment” a much freer rein, the mainstream interpretation does nothing less than turn the logic of the European Convention on Human Rights (ECHR)’s freedom of expression jurisprudence on its head.

DOI: 10.1093/pa/gsr040

Australia remains the only Western democratic country to lack a national bill of rights. In April 2010, the Labor Government rejected the suggestion of the Brennan Committee—which it itself had set up in 2008—that Australia adopt a statutory bill of rights. This outcome resulted from the limitations of catalysing political trigger coupled with the potent barrier of Australia's fragmented institutional structure. Although the Brennan process was prompted by an ‘aversive’ reaction against the policy outlook of the Howard era, this was much weaker than that which prompted the bill of rights reform in the other ‘Westminster’ cases of New Zealand (1990) or the UK (1998). Additionally, the reform efforts faced the potential opposition of a powerful Senate and even possible separation of powers challenges under the Australian Constitution. These negative factors are consistent with Australia's failed initiatives of the 1970s and 1980s. Despite this, factors favouring the bill of rights genesis remain. Given appropriate circumstances, the possibility of Australia acquiring a bill of rights in the longer term should not be discounted.

DOI: 10.1093/ojlr/rwr029

This article will argue that although, historically, religious minorities were the primary trigger for the institutionalization of the international framework of minority rights, they have long since been sidelined from its protections. This sidelining is evident in a variety of international human rights norms and mechanisms, the focus below being on the jurisprudence of the UN Human Rights Committee. The article offers a number of explanations for this diversion of religious minorities away from the international minority rights regime. It also argues for a cautious reintegration of religious minorities within the minority rights regime after having sought understanding with regard to some issues of concern.

ISBN: ISSN 2047-0770

This paper considers minorities in English law through the prism of international standards related to both freedom of religion or belief and minority rights. These two sets of international normative standards are brought together in order to emphasize the fact that persons belonging to religious minorities have access not only to general human rights standards including freedom of religion or belief, but also to minority rights. Combining the implications of these applicable rights, the paper will suggest that ‘religious minorities’ should be (i) taken to include persons belonging to minorities on grounds of both religion or belief; (ii) that their religious practice should not only be considered ‘manifestation’ of religion or belief but also the practice of a minority culture; and that (iii) States have a duty to protect the survival and continued development of the identity of religious minorities and allow such persons to enjoy their culture. The paper will then move to considering a few recent cases in English law, in order to examine the extent to which these three implications are realized within them.

ISBN: ISBN 978-90-04-19521

DOI: 10.1093/ojls/gqr024

Proponents of dignity see it as a useful tool which solves the most important (if not all) of the practical and theoretical problems in human rights law. Arguing against this sympathetic position on the other side of the debate are the sceptics, who have raised troubling questions about dignity’s alleged indeterminacy, as well as about the illiberal role that it has allegedly played in certain contexts. In this paper, I argue that designing a defensible and useful conception of dignity which is distinguishable from other values such as equality and autonomy may be possible, but not without addressing some genuine infirmities that the critics have pointed out. If there is indeed such a conception of dignity, it is likely to be "expressive" in character. I therefore argue that the legal ideal of dignity is best understood as an expressive norm: whether an act disrespects someone’s dignity depends on the meaning that such act expresses, rather than its consequences or any other attribute of that act.

DOI: 10.1080/14754835.2011.569300

This article compares the naturalistic account of human rights in James Griffin's On Human Rights (2009) with the practical account by Charles R. Beitz in The Idea of Human Rights (2009). Taking Griffin's own examples, the analysis suggests that Griffin's account of human rights with regard to children, divorce, or marriage is unconvincing. However, while the practical approach is preferred, this leaves the basis for any universal duty to take state action for human rights violations uncertain. The article concludes by proposing an analysis of human rights that retains the advantages of the practical conception but accounts for the justification of international action through the principle of universalizability of moral obligations

Through a systematic analysis of the UK's Data Protection Act's first data protection principle, this article demonstrates that the EU data protection regime seriously threatens research into social (including political and historical) affairs. The rules for registering processing with the data protection authority, providing the data subject with information notification and the severe limitations on the processing of sensitive personal data are all in serious tension with certain types of important social research including that which is covert, deceptive, identifiable or critical. Additionally, the complexity of the law inevitably leads ‘risk-averse’ universities to further restrict research activity. This not only curtails academic freedom but also suppresses knowledge production in ways which damage society generally. The article concludes by contrasting the onerous regulation of ‘research’ with the significantly more liberal regime for ‘journalism literature and art’. It argues that data protection authorities and others should consider whether social research might benefit from this more liberal regime. Even if that proves unachievable, these issues should be addressed in the review of the law now underway.

The Terrorist Asset-Freezing etc Act 2010 came into force on 17 December 2010. The 2010 Act repealed the previous Temporary Provisions Act. This article does not purport to provide comprehensive coverage of the Act; it outlines four main areas of concern that arose in respect of the Draft Terrorist Asset-Freezing Bill and that now arise in respect of the Terrorist Asset-Freezing etc Act 2010. In summary, these are as follows: problems of parliamentary scrutiny relating to the scope of the Act; problems relating to the reasonable suspicion test; problems relating to judicial process; problems relating to ECHR rights.

DOI: 10.1111/j.1467-923X.2010.02091.x

This article systematically explores the political context behind Labour and the Conservatives' new commitment to a British Bill of Rights. This is linked to conflicting incentives to resist the current trajectory towards rights constitutionalism (‘Constitutional Freeze’), to further encourage further rights constitutionalism (‘Constitutional Fire’) and to engage in largely cosmetic change (‘Constitutional Smoke’). Ultimately, the latter has proved dominant for both parties. This demonstrates the difficulty of building political momentum behind significant revision of institutional responsibility for protecting human rights in stable, democratic settings. It specifically illustrates the strong barriers which both a hegemonic policy preserving and an ‘aversive’ constitutionalising dynamic must overcome to succee

DOI: 10.1163/157181110X512151

The international concern with minorities has benefitted from a range of rationales and gone through a number of permutations over recent decades. Within these are included a wide spectrum of objectives from concern with their very obliteration covered under genocide instruments to soft law instruments concerned with their positive flourishing. This article will address just one aspect of those concerns – those protecting minorities from hate speech.

The protection of the human rights of all without discrimination on the basis inter alia of religion or belief, the protection of religious minorities, and manifestation of religion or belief in association with others - these are all well-established norms of international human rights law. Yet violations continue world-wide, and new manifestations of these age-old problems continue to multiply.[1] All Muslim states have ratified, and therefore voluntary adopted, legal commitments with regards to these obligations. Nevertheless, these protections remain very much wanting in many instances with respect to both Muslim and non-Muslim minorities in Muslim states. In fact, freedom of religion or belief and religious minority rights have long been recognised as being amongst the most pressing of human rights concerns in these states. Whilst the need to enhance the protection of freedom of religion or belief and religious minority rights (ForbRM rights) within Muslim states has been much written about, few publications have extended their focus to Muslim minorities in Muslim states. This article seeks to establish that enhanced respect for the legal rights of non-Muslim minorities would, by default, also benefit ‘Muslim minorities’ within Muslim states. The contention of this article is that if sufficient progress were made regarding the respect of ForbRM rights for non-Muslims, Muslim religious minorities would see their own situations improved and claims addressed. The article will take one of the most entrenched of such cases – snapshots of the case of the Bahá’ís of Iran over the past 30 years – as its main illustration of this point.

DOI: 10.1080/09637490802260385

The Middle East region has had a long, and periodically impressive, record of religious diversity, yet there is much concern regarding the contemporary standing of its religious minorities. Rather than assessing the chequered historical record of religious minorities in the Middle East, the purpose of this article is to provide an assessment of how international human rights standards may best be utilised to advance their rights. The contention of this article is that the human rights of religious minorities in the Middle East have primarily been considered under the lens of freedom of religion or belief. Relevant though this framework is to their concerns, it will be suggested that promoting the rights of the Middle East's religious minorities through the framework of minority rights may provide a more promising avenue for their protection. The purpose of the article is therefore to provide a reassessment of how best to negotiate the rights of religious minorities in the Middle East. The focus will be on formal legal and political obstacles to the enjoyment of their rights entitlements. Though a broader contextual analysis also assessing economic, cultural and sociological factors would be highly informative, it lies beyond the scope of this article. Despite the fact that minority rights provisions apply to members of minorities alongside all other human rights – among them freedom of religion or belief – the two lenses of minority rights and freedom of religion or belief highlight somewhat different provisions and protections. The two are certainly not mutually exclusive or in contradiction with one another, but a state that prioritises one set of legal and policy options over the other will arrive in different places.

ISBN: ISSN 0963-7494

This paper examines the traditional dichotomy between measures addressing socio-economic inequalities and those aimed at inequality based on status, such as race, gender, disability or sexual orientation. Using the conceptual framework of recognition and redistribution developed by Nancy Fraser and others, I argue that it is no longer tenable to keep the two spheres separate. Constructing a concept of socio-economic equality without considering the implications for status-based inequality can be damaging and ineffective. Conversely, status-based measures are limited by their inability to mobilise the redistributive measures necessary to make real equality of opportunity and genuine choice possible. The paper begins by examining the interaction between socio-economic and status-based equality. I then sketch out a multi-dimensional notion of substantive equality which attempts to create a synthesis between the aims of both spheres. In the final part, I make some very tentative suggestions as to how the interpenetration can be more meaningfully captured in legal frameworks.

Substantive equality and positive duties to redress disadvantage in society, a critical comparison of South African, Canadian and ECHR approaches to the relationship between substantive equality and socio-economic rights

ISBN: 0258-7203

DOI: 10.1080/13642980500350004

This report seeks to analyse the main highlights of this year's session of the United Nations Commission on Human Rights. The Commission was set up in 1947 and is the UN's principal human rights body. It is currently the subject of major reform proposals stemming primarily from the UN Secretary-General and agreed upon, in general terms by member states at the 14–16 September 2005 World Summit. The review below, focusing on the main country and thematic issues discussed at the March–April 2005 session, will be indicative of how badly and in what ways reform of the Commission on Human Rights is required.

ISBN: ISSN 1364-2987

Review of recent developments on human rights and criminal law

ISBN: 1361 1526

A study of the application of human rights law to disproportionate sentences

ISBN: 0026-7961

article on Human Rights Issues of Electronic Surveillance

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.

Equality is an ideal to which we all aspire. Yet the more closely we examineit, the more its meaning shifts. This book examines the differing conceptions of equality in discrimination law, in the accessible yet challenging format of the Clarendon series. It uses a thematic approach to elucidate the major conceptual issues, while at the same time imparting a detailed understanding of the legal provisions, including the Equality Act 2010, human rights law, and EU law. Particularly illuminating is the comparative approach. By examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions.

ISBN: 978-0-19-958443-7

A comprehensive co-authored text concerning all aspects of discrimination law, employing comparative analysis and legal philosophy where appropriate.

ISBN: 978-0-421-55440-5

DOI: 10.1093/acprof:oso/9780199272761.001.0001

Human Rights have traditionally been understood as protecting individual freedom against intrusion by the State. This book argues that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freedom. This view means that, as well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. But because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. The book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all human rights give rise. It draws on political theory and social policy to illuminate important legal issues, and uses comparative material from India, South Africa, Canada, the US, the ECHR and the UK.

Co-written and co-edited basic text for practitioners.

ISBN: 97 80421876101

Human rights advocates internationally, and supporters of socio-economic rights, have battled for many years to get States and courts to accept that human rights give rise to positive obligations upon States and that such obligations ought to be justiciable in principle. Much of the rhetoric deployed in this campaign has focused on the importance of protecting and respecting basic human needs and capabilities, and ensuring that individuals enjoy a basic level of subsistence in order to secure the enjoyment of all rights. In the context of criminal justice and criminal law: positive obligations are very often cast as duties on the State to protect individuals from the criminal acts of others (protective duties). Very little attention is paid however to the potential for such positive obligations to give rise to what I term ‘coercive duties’. In other words, duties upon the State to coerce individuals through the criminal law, or criminal justice mechanisms, in the name of protecting others from their criminal acts. The coercive aspect of positive obligations comes more sharply into focus when we look at the rhetoric around, and judicial enforcement of ,the right to security. But the development of coercive duties are evident in the positive aspect of other rights too. This chapter explores the ambiguity involved in the growing development of positive rights in the field of criminal law and criminal justice. It dwells briefly on the emerging right to security case law and rhetoric internationally, and goes on to examine cases within the UK and ECHR. The thesis of the chapter is that while some protective duties arising from human rights may be a positive development, the extension of coercive duties on the State to coerce others in the name of another individual’s rights is an overseen and more pernicious part of this development of human rights. The chapter will end by exploring how we reconcile coercive duties arising out of human rights with opposing negative rights protections, or even other protective duties.

This paper examines the rise of the right to security within human rights discourse and its potential to erode human rights more generally. It argues that political discourse around the apparent conflict between security and rights since 9/11 has been complicated by an emerging notion of the 'right to security' as the meta-right (the right of rights). This claim (and the inherent ambiguity of what the right to security requires) has the potential to lead to a 'securitization' of human rights, a process that threatens to erode the traditional foundations of human rights, and human rights themselves. Operating in tandem with this 'securitization' process, the discourse of the right to security has been used to sanitize, or at least to legitimate, coercive security measures. This is a process I refer to as 'righting' security. These two processes combine in complex ways to give security an effective trump claim over other rights.

An examination of the House of Lords decision in Begum's Case and its roots in Sahin v Turkey in the unanimous Grand Chamber of the European Court of Human Rights; and of the wider significance of the factual premise of the later decision.

Critique of developments in criminal procedure in the European Court of Human Rights, notably in relation to Article 6 and self-incrimination.

ISBN: 978-87-574-1693-0

Essay exploring the structure of the European Convention on Human Rights and the role of public protection in human rights law.

ISBN: 978-1-84113-608-0

This chapter examines the notion of a positive right to security. I argue that the right arises from a deeper understanding of human freedom, one which does not simply prevent interference in free choice but instead seeks actively to remove constraints on choice. The right to security is a right not just to non-interference but to state action, that aims to protect the individual from risks to the person, whether caused by fellow citizens, poverty or the state itself.

ISBN: 13:978-1-84113-608-0

Analysis of the nature of human rights invocations, with special reference to the work of Jim Harris

ISBN: 0-19-929096-2

This chapter examines the nature of socio-economic rights and challenges the contrast with civil and political rights. It argues that the focus should be on differences in the nature of the duty, and particularly the differences between duties to refrain from infringing on a right, duties to protect against infringement by others, and duties to take active measures to facilitate or promote the exercise of teh right. It examines sources of socio-economic rights, and assesses the contribution of domestic courts to the development of such rights.

ISBN: 0-19-876551-7

Hardly a week goes by without some world event relating to the burgeoning field of religion and human rights. Whether attacks carried out in the name of religion by individuals or states, violations of the rights of individuals or communities due to their religious or other beliefs, or clashes between religious and other competing rights (most notably, freedom of speech), matters relating to religion and human rights are not only an area of expert and academic interest, but also of increasing interest to policy-makers, governments, international organizations, and NGOs. This new four-volume Major Work collection from Routledge examines the background, history, and nature of human rights—both individual and collective—as well as economic, social, and cultural rights; and also civil and political rights. Standards, mechanisms, and jurisprudence at international and national levels are included, and form part of the discussion of the conflict of rights and freedom of religion or belief. Religions featured include Islam, Christianity, Judaism, and African religions, and the persecution or discrimination of religious or belief communities are discussed. Relevant human rights documents are also included. The range of subject areas that contribute to discussions on religion and human rights are many, and include: political science; law; international relations; anthropology; philosophy; religious studies; sociology of religion; and theology. Students, scholars, teachers, and practitioners from these and other disciplines will welcome this collection as a vital one-stop compendium of the very best canonical and cutting-edge research.

ISBN: ISBN 9708-0-415-5436

Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a … read morereference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.

ISBN: ISBN13:9789004152540

The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. Debates that receive attention in this volume include self-determination, … read moredefinitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice. The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‑lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.

ISBN: ISBN13: 978900414301

The themes and issues explored in this book - religion, human rights, politics and society could not be more relevant to the post 11 September 2001 world. They lie at the heart of global political debate today. The collection explores these issues after the passing of just over two decades from the adoption of the United Nations Declaration on the Elimination of all Forms of Intolerance and Discrimination based on Religion or Belief. That declaration set out minimum international standards for the elimination of such discrimination. Sadly the challenge of intolerance on the basis of religion … read moreor belief continues to plague us, and tackling it seems to have become increasingly entrenched. The complexity of this phenomenon requires expertise from different quarters. This collection draws from diplomatic, activist and theological quarters and benefits from the analysis of scholars of law, history, religious studies and sociology. The ten chapters of this collection examine the relationship between human rights, law and religion; offer a typology for the study of religious persecution; problematise the consequences flowing from religious establishment in religiously plural society; analyse the implications of the directions being taken by the jurisprudence of the European Court of Human Rights and the protections offered by the European Commission council Directive 2000/43/EC outlawing workplace discrimination; study the 1981 Declaration and its promotion through the work of the UN Special Rapporteur on Freedom of Religion or Belief; and explore the intricacies of this freedom in detail from within the context of the United Kingdom and The Netherlands.

ISBN: ISBN13: 978900413641

The Office of the High Commissioner for Human Rights (OHCHR) has organised, in 2011, a series of expert workshops on the prohibition of incitement to national, racial or religious hatred, as reflected in international human rights law. The objectives of the expert workshops are: •To gain a better understanding of legislative patterns, judicial practices and different types of policies, in countries of the various regions of the world, with regard to prohibiting incitement to national, racial, or religious hatred, while ensuring full respect for freedom of expression as outlined in articles 19 and 20 of the International Covenant on Civil and Political Rights; •to arrive at a comprehensive assessment of the state of implementation of this prohibition of incitement in conformity with international human rights law and; •to identify possible actions at all levels.

An examination of freedom of religion or belief as upheld in the constitutions of Commonwealth Member States and why the Commonwealth should hitherto acknowledge freedom of religion or belief more fully as part of the spectrum of Commonwealth concerns.

Violations of minority rights in Iran take place within a wider, well-documented context of human rights violations, and intolerance of dissent and difference. Against this background, this briefing reflects on the historical and current situation of Iran’s ethnic, religious and linguistic minority groups, which are typified in Iran by their lack of political power and influence. It also considers the new popular and political consciousness that is emerging in Iran in regard to human rights in general, and minority rights in particular, following the political debates leading up to the disputed 2009 elections, and the popular protests that came afterwards. This shift may represent an opportunity for members of minority groups in Iran at long last to enjoy equal citizenship rights, educational and economic opportunities, and the right to maintain their cultural identity.

This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.

This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.