Studies of the Oxford Institute of European and Comparative Law is a series published by Hart Publishing which presents the research conducted at the Institute.
The book focuses on the institutional mutation of constitutionalism following the major economic crisis in the Eurozone and globally. The main axis is that a new economic constitutionalism has arisen which trespasses on the conventional conceptual foundations and needs to be addressed with novel institutional vehicles. The author proposes an original and searching analysis of the significant constitutional evolutions that have taken place in member states in response to the global financial crisis. The book combines a sophisticated theoretical model of a new form of economic constitutionalism with detailed practical argumentation. This important new work provides a valuable addition to the understanding of this hugely important topic.
The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts - particularly Directive 2014/24/EU - focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
A list of contributors can be found here.
The provisions of the French Civil Code governing the law of obligations remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This book explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. The book is one of the publications which will result from the research project on Reform of the French Law of Obligations, developed within the IECL by John Cartwright and Simon Whittaker.
The list of contributors can be found here.
The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach.
The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.
A full list of contributors can be found here.
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
A full list of contributions can be found here.
Online Markets and Offline Welfare Effects. A selection of papers presented at the conference organised by the Centre for Competition Law and Policy, held on 22 May 2017
Draft Ordonnance for the Reform of the Law of Contract, the General Regime of Obligations, and Proof of Obligations. Translation of the proposed new text by J. Cartwright, B. Fauvarque-Cosson and S. Whittaker
Trends in Retail Competition: Report of the 13th Annual Symposium on Competition Amongst Retailers and Suppliers. Report of the symposium held in June 2017
European Legal Studies is a series of volumes edited jointly with the European Legal Studies Institute, Osnabrück, the Molengraaff Institute, Utrecht, the Amsterdam Institute for Private Law, and the Institut für Zivilrecht, Ausländisches und Internationales Privatrecht, Graz.