Around Oxford Around Oxford Law image
 

Recent (2015) and Forthcoming Books

Showing 153 recent books sorted by year, then title  [change this]

Showing 153 of the most recent books
Change to sort them by title | name | type OR
Show All 2538 books

2015

J J W Herring, '"The child must live": Disability, Parents and the Law' in Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law (Hart 2015) [...]

A discussion of the nature of disability and parental responsibilities towards disabled children.


Massimo Belcredi and L Enriques, '105. Institutional Investor Activism in a Context of Concentrated Ownership and High Private Benefits of Control: The Case of Italy' in Jennifer G. Hill and Randall S. Thomas (eds), Research Handbook on Shareholder Power (Edgar Elgar 2015) [...]

This chapter describes the experience with activist institutional investors in an apparently unfavorable corporate environment (Italy), commonly depicted as one of concentrated ownership, notoriously inadequate legal protection for minority shareholders and an apparent disregard for their interests by controlling shareholders. We document a non-negligible volume of “core” active institutional investment, together with some idiosyncratic forms of activism (the appointment of “minority” directors on the boards of Italian listed companies). We attempt to evaluate whether what we see is genuine shareholder-value oriented activism or a strategy to engage in a privileged relationship with controlling shareholders, in order to share in private benefits of control extraction. We find no sufficient evidence to support a “dark side” view of shareholder activism, at least as a general explanation. Instead, we provide recent anecdotal evidence of initiatives effectively aimed to curb the extraction of private benefits by dominant shareholders.


ISBN: 978 1 78254 684 9

A Higgins and Michael Legg, 'A Higgins and M Legg, ‘Responding to cost and delay through overriding objectives – successful innovation?' in C Picker and G Seidman (eds), The Dynamism of Civil Procedure – Global Trends and Developments (Ius Gentium: Comparative Perspectives on Law and Justice series 2015)

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

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


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

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


P S Davies, Accessory Liability (Hart 2015)

TAO Endicott, Administrative Law (3rd edn, OUP 2015)

J J W Herring and Charles Foster, Altruism, Welfare and the Law (Springer 2015)

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

S Fredman, 'Are Human Rights Culturally Determined? A Riposte to Lord Hoffmann' in Paul S Davies, Justin Pila (eds), The Jurisprudence of Lord Hoffmann (Hart 2015) [...]

The relationship between issues which are universal and those which are culturally determined is a vexed one in human rights law. This paper critiques Lord Hoffmann's view that different communities should, through their legislatures and judges, adopt the answers which they think suit them. It argues that it is wrong to assume that either there is a right answer to human rights questions or such questions are culturally determined. Instead, it is through a process of deliberation and accountability, both nationally and cross nationally that human rights take on a dynamic role in society. Using comparative materials in the context of sexual orientation equality and the right to vote, the paper demonstrates the ways in which local variation, while possible, should be defended on the basis of explicitly argued local differences.


ISBN: 9781849465915

S Vogenauer, 'Arts 4.1-4.8 PICC: Interpretation' in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2nd edn 2015) [...]

pp 568-616.


S Vogenauer, 'Arts 5.1.1-5.1.9 PICC: Content' in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2nd edn 2015) [...]

pp 617-653.


S Vogenauer, 'Arts 5.2.1-5.2.6 PICC: Third Party Rights' in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2nd edn 2015) [...]

pp 654-687.


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

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

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

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


ISBN: 9781849465267

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

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

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

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


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

A Briggs, Civil Jurisdiction and Judgments (6th edn, Informa Law from Routledge 2015) [...]

The law of civil jurisdiction and the effect of foreign judgments: a full and fully-revised statement of the law taking into account in particular Regulation 1215/2012.


ISBN: 9781138825604

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

D Roser, 'Climate Justice in the Straitjacket of Feasibility' in Dieter Birnbacher and May Thorseth (eds), The Politics of Sustainability. Philosophical Perspectives (London: Routledge 2015)

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

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

S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (Oxford University Press, 2nd edn 2015) [...]

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


ISBN: 978-0-19-870262-7

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

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

M Chen-Wishart, Contract Law (Oxford University Press 2015) [...]

Since written contracts are overwhelmingly in standard form, regulating such contracts must be one of contract law’s most important tasks. While the substantive law embodied in the legislation is relatively well settled, there has been little theorising on the precise scheme of regulation contained therein. Doing so is important, not only because any law that demands obedience should be justifiable, but also because it provides a guide to adjudication, a basis for critique, and a direction for future reform. I explore three possible justifications for this pattern of control (defective consent, market inefficiency and standard terms as defective product), and conclude that they provide important insights, but do not provide complete or satisfying justifications. I then put forward and defend a justification based on preventing abuse of the institution of contract.


H Collins, 'Contractual Autonomy' in Alan Bogg, Cathryn Costello, ACL Davies, Jeremias Prassl (eds), The Autonomy of Labour Law (Hart Publishing 2015) [...]

The chapter argues that the law of the contract of employment has become central to the legal reasoning of employment law and that a central problem now for the subject is to establish a suitable measure of autonomy or separation from general contract law in order to address the special features of the employment relation.


ISBN: 978-1-84946-621-9

J Payne, 'Corporate Attribution and the Lessons of Meridian' in P Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann: A Festschrift for Leonard H Hoffmann ( Hart Publishing 2015) (forthcoming)

L Gullifer and J Payne, Corporate Finance Law : Principles and Policy (2nd edn, Hart Publishing 2015) (forthcoming)

Louise Gullifer and J Payne, Corporate Finance Law: Principles and Policy (2nd edition) (Hart Publishing 2015) (forthcoming)

J Roberts, Criminal Justice. A Very Short Introduction. (University of Oxford. 2015)

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

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

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

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

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

L Lazarus and Natasha Simonsen, 'Democratic Deliberation and Judicial Review' in Murray Hunt (ed), Parliament and Human Rights: Redressing the Democratic Deficit (Oxford University Press 2015) [...]

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


P Eleftheriadis, 'Democratic Representation and Accountability in the European Union' in Democracies XXI: A Paradigm Shift (ISEPR Foundation, Moscow 2015)

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

A Tzanakopoulos, 'Domestic Judicial Law-Making' in CM Brölmann and Y Radi (eds), Research Handbook on the Theory and Practice of International Law-Making (Edward Elgar 2015) (forthcoming) [...]

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


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

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

J Roberts and Mike Hough, 'Empirical Sentencing Research: Options and Opportunities' in Exploring Sentencing Practice in England and Wales (Palgrave macMillan 2015)

J Prassl, 'Employee Shareholder ‘Status’: Dismantling the Contract of Employment' in S Willborn and AC Neal (eds), Yearbook of Comparative Labour Law Scholarship 2014 (Lancaster House 2015) [...]

Reprint of J Prassl (2013) 42 ILJ 307


A C L Davies, Employment Law (Pearson (Longman Law Series) 2015) [...]

A comprehensive textbook on individual and collective employment law.


ISBN: 978-1-4082-6360-0

C. Albertyn and S Fredman, 'Equality beyond dignity: Multi-dimensional equality and Justice Langa’s judgments' in M. Bishop, A. Price. (eds), Transformative Justice: Essays in Honour of Pius Langa (Juta 2015) [...]

The early jurisprudence of the South African Constitutional Court effectively placed dignity at the centre of the equality right. This elevation of a largely undefined, and abstract notion of dignity as human worth, and the apparent displacement of other purposes, especially that of remedying systemic disadvantage, generated significant debate about the definition and application of the right. In this article we argue for a multi-dimensional idea of equality which enables a fuller exploration of the complexity of the harms and injuries that underlie equality claims, and greater elucidation of the multiple principles and purposes of equality. In particular, we argue that substantive equality should be understood in terms of a four dimensional framework, which aims at addressing stigma, stereotyping, prejudice and violence; redressing socio-economic disadvantage; facilitating participation; and valuing and accommodating difference through structural change. We suggest that this approach enables a better exploration of the different principles that underlie equality and, crucially, an open discussion of complementarities and tensions between them. We explore the benefits of this multi-dimensional approach through an evaluation of three equality cases in which Justice Langa delivered the leading judgment: City Council of Pretoria v Walker, Bhe v Magistrate Khayalitsha and Pillay v MEC for Education, Kwazulu-Natal. We engage Justice Langa’s philosophy on equality as it emerges from these judgments, and evaluate the extent to which we can develop from this a more fully-fledged understanding of equality and its underlying values in the South African Constitution.


ISBN: 9781485108764

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

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


ISBN: 9781849466219

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

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

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

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

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

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

S Vogenauer, 'Formation IV: Arts 2.1.17-2.1.18 – Integrity of Writing' in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2nd edn 2015) [...]

pp 371-379.


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

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


ISBN: 9781849465618

S Douglas-Scott, 'Fundamental Rights in the EU' in Schutze and Tridimas (eds), Oxford Principles of European Union Law - Volume I: The European Union Legal Order (Oxford University Press 2015) (forthcoming)

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

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

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

S Vogenauer, 'General Provisions I: Arts 1.1-1.3 – Fundamental principles' in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2nd edn 2015) [...]

pp 154-165.


S Vogenauer, 'General Provisions III: Arts 1.6-1.12 – Application of the PICC' in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2nd edn 2015) [...]

pp 180-251.


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

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


H Fleischer, JL Hansen and WG Ringe, German and Nordic Perspectives on Company Law and Capital Markets Law (Mohr Siebeck 2015) [...]

The volume traces back to a symposium held at the Max Planck Institute for Comparative and International Private Law in Hamburg and offers a broad comparative analysis of company and capital markets law in Germany and the Nordic states. It details the special elements of company law in Scandinavia that developed amid the twin forces of innovative experimentation and the drive for harmonization, contrasting them with the distinctive features of German company law. Further contributions deal with the newly created entrepreneur company in Germany and Denmark, as well as the role of shareholders and boards in public companies. It also contains detailed analyses of the law of company groups in Germany and the Nordic states. the volume is further rounded out with contributions on capital markets law and takeover law, including issues involving acting in concert, ownership disclosure and the interaction between the legislator and the takeover panel in Sweden.


ISBN: 978-3-16-153907-7

J Armour, A Menezes, M Uttamchandani and K van Zwieten, 'How Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence' in F Dahan (ed), Research Handbook on Secured Financing in Commercial Transactions (Edward Elgar 2015)

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

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

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

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

G Dinwoodie (ed), Intellectual Property And General Legal Principles: Is IP A Lex Specialis? (Edward Elgar Publishing 2015)

A Braun, 'Intestate Succession in Italy' in K.G.C. Reid, M.J. De Waal and R. Zimmermann (eds), Comparative Succession Law: Vol. II. Intestate Succession (OUP, Oxford 2015) (forthcoming)

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

J J W Herring and Jesse Wall, 'Introduction' in Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law (Hart 2015)

S Vogenauer, 'Introduction' in S Vogenauer (ed), Commentary on the UNIDROIT Principles of International Commercial Contracts (Oxford University Press, 2nd edn 2015) [...]

pp 1-30.


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

I Loader, S Farrall, B Goldson and A Dockley, 'Introduction: Re-Shaping the Penal Landscape' in S Farrall B Goldson I Loader and A Dockley (eds), Justice and Penal Reform (Routledge 2015)

H Collins, 'Is there a Human Right to Work?' in Virginia Mantouvalou (ed), The Right to Work: Legal and Philosophical Perspectives (Hart Publishing 2015) [...]

The essay assesses and seeks to refute five common objections to the existence of a right to work, namely that its meaning is imprecise, recognition is impracticable, it is composed of inconsistent types of rights, that it is merely instrumental towards the achievment of more fundamental rights, and that the values the right pursues are incoherent.


ISBN: 978-1-84946-510-6

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

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


S Farrall, B Goldson, I Loader and A Dockley (eds), Justice and Penal Reform: Re-Shaping the Penal Landscape (Routledge 2015)

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

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

A C L Davies, 'Labour Law as Public Law' in A Bogg, C Costello, ACL Davies and J Prassl (eds), The Autonomy of Labour Law (Hart 2015)

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

J J W Herring and Jesse Wall, Landmark Cases in Medical Law (Hart 2015)

J S Getzler, 'Law and Self-Interest' in Maksymilian Del Mar and Michael Lobban (eds), Law, Theory and History: New Essays on a Neglected Dialogue (Hart Publishing 2015) (forthcoming) [...]

My purpose in this chapter is to stand back from the tumult of modern law and reflect upon how past thinkers, whether legally minded philosophers or theoretically inclined jurists, have understood the legal control of self-interest. I will concentrate on the long eighteenth century and in particular looking at Adam Smith’s models of individualism in morality, law, and political economy. I will look rather swiftly at adjacent models of self-interest, from Hobbes, Hegel and classical utilitarianism through to modern rights theory, economic analysis of law, and behavioural microeconomics. I will then return to Adam Smith’s theories of reflective morality and discover a strong family resemblance to English juristic theories of conscience that emerged in new forms in mid-eighteenth century England. All this leaves us with an interesting chicken and egg argument – who intellectually led whom? Or is it a case of independent discovery by theorists and lawyers? We may end up suspecting that famous theorists, who imagine themselves immune from the influence of practical men, have sometimes distilled their frenzy from the ideas of long-forgotten lawyers.


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

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

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


ISBN: 978-2-343-05590-9

A L Young, 'Lord Hoffmann and Public Law: TV Dinner or Dining at the Savoy?' in Paul S Davies and Justine Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing 2015) [...]

The Chapter examines Lord Hoffmann's contribution to public law, arguing that his main contribution was the way in which he approached public law purposively and specifically, as opposed to applying axiomatic and general rules. The chapter then evalutes this approach to public law, arguing that, although generally this is a favourable approach for public law, this may be problematic when applied to key constitutional foundational priniciples of public law.


ISBN: 9781849465915

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

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

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

J Armour, 'Making Bank Resolution Credible' in The Oxford Handbook of Financial Regulation (ed), E Ferran, N Moloney and J Payne ( 2015) [...]

Financial difficulties at large financial institutions present governments and regulators with an unenviable dilemma. On the one hand, they are afraid to permit such a firm to enter 'ordinary' insolvency proceedings, lest this transmit financial shock to other, connected, institutions. Yet every voter can grasp the moral hazard problems and distributional inequity associated with government handouts for the financial sector. Consequently many jurisdictions have introduced, or are designing, 'special resolution' mechanisms for financial institutions. The first generation of such mechanisms were based on the US FDIC receivership regime. They focus on waiving property rights so as to effect a very rapid transfer of complex assets and short-term liabilities to a purchaser who will be able to stand behind those liabilities and thereby ensure stability. This model works well for small to medium sized domestic banks, but is insufficient to provide a credible alternative to bailouts for large, complex financial institutions. As a result, a series of new measures — which we have termed 'second generation' resolution mechanisms — have been developed. First, there has been a realization that the level of complexity is such that resolution ex post is impossible without careful planning by supervisors ex ante. Second, this planning process can be used not only to understand, but also to modify, the structure of complex financial institutions and their regulatory oversight so as to facilitate resolution should it be necessary. Third, the use of 'bail-in' or mandated debt to equity swaps provides a potentially very useful additional resolution tool when used in conjunction with such forward planning and oversight. Fourth, in the context of international financial institutions, coordination and allocation of responsibility amongst national regulators is an integral part of the planning process. The implications of this shift are clear. For the resolution of large complex financial institutions to be credible, it must be thought of as an integral part of the ongoing oversight of financial institutions by regulators, and not as simply a set of mechanisms that are kept for troubled times. Investment in regulatory capacity — recruitment and training to build human capital in the regulatory sector — is therefore crucial to ensuring the success of resolution.


ISBN: 9780199687206

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

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


ISBN: 9781849465649

C Cook, H Anderson and L Gullifer, 'National Report for England' in N Vermunt, D Faber, J Kilbourn, T Richter, I Tirado (eds), Treatment of Contracts in Insolvency (Oxford University Press 2015) (forthcoming)

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

J Roberts and Jose Pina Sanchez, 'Paying for the Past: The Role of Previous Convictions at Sentencing in the Crown Court' in Exploring Sentencing Practice in England and Wales (Palgrave MacMillan 2015)

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

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

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

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

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

ISBN: 9782802747710

H Collins, 'Progress towards the Right to Work in the United Kingdom' in Virginia Matouvalou (ed), The Right to Work: Legal and Philosophical Perspectives (Hart Publishing 2015) [...]

An investigation of the extent to which UK law now recognises a legal right to work as a result of developments in anti-discrimination law, human rights law and the law of the EU.


ISBN: 978-1-84946-510-6

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

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

I Loader and R Sparks, 'Reasonable Hopes: Social Theory, Critique and Reconstruction in Contemporary Criminology' in A Liebling, J Shapland and J Tankebe (eds), Crime, Justice and Social Order: Essays in Honour of A. E. Bottoms (Oxford University Press 2015)

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

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

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

D Sarooshi, 'Responsibility, Immunities, and Remedies for the Acts of International Organizations' in D. Sarooshi (ed), Responsibility, Immunities, and Remedies for the Acts of International Organizations (Martinus Nijhoff, Hague Academy of International Law Imprint 2015)

A Kavanagh, 'Rights-Based Constitutional Review in the UK: From Form to Function' in John Bell and Marie-Luce Paris (eds), Rights-Based Constitutional Review in Comparative Perspective (Edward Elgar 2015) (forthcoming)

F Pirie, 'Rules, Proverbs, and Persuasion: Legalism and Rhetoric in Tibet' in Paul Dresch and Judith Scheele (eds), Legalism: Rules and Categories (OUP 2015)

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

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

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


ISBN: 978-94-6265-051-0

S Vogenauer, 'Schlüsselwörter in englischen Savigny-Übersetzungen' in J Rückert and T Duve (eds), Savigny international? (Vittorio Klostermann 2015) [...]

pp 251-344. The article analyses key words and passages in the English translations of three main works of the influential German jurist Friedrich Carl von Savigny: The History of Roman Law During the Middle Ages (vol I, 1829), Of the Vocation of Our Age for Legislation and Jurisprudence (1831), and System of the Modern Roman Law (vol I, 1867).


O Akseli and L Gullifer (eds), Secured Transactions Law Reform: Principles, Policies and Practice (Hart Publishing 2015)

Barry Mitchell and J Roberts, 'Sentencing for Murder Drawing Lessons from Research' in Exploring Sentencing Practice in England and Wales (Palgrave Macmillan. 2015)

J Roberts and Keir Rogers, 'Sentencing Practices and Trends in England and Wales, 1999-2013' in Exploring Sentencing Practice in England and Wales (Palgrave MacMillan 2015)

Professor David Ormerod QC and K Laird, Smith and Hogan’s Criminal Law (14th edn, 2015)

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

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

Roy Goode, The Assignment of Pure Intangibles in the Conflict of Laws (Lloyds Maritime & Commercial Law Quarterly 2015) (forthcoming) [...]

A critical examination of proposals for an addition to Article 14 of the EC Regulation on the law applicable to contractual obligations in civil and commercial matters (Rome I) as regards the law that should govern third-party conflicts, such as those between competing assignees or between an assignee and the assignor's liquidator. The author argues that the only sensible solution in most cases is the law of the assignor's place of business.


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

A Bogg, C Costello, A C L Davies and J Prassl (eds), The Autonomy of Labour Law (Hart 2015)

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

Reviewed: B Mak (2015) 44 ILJ 289

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


ISBN: 9781849466219

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

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

Employment law struggles to adapt to complex modern work arrangements, from agency work and service companies to corporate groups and Private Equity investors. This book argues that the cause of this failure can be found in our concept of the employer, which has become riddled with internal contradictions: English law searches for the unitary counterparty to a bilateral contract of employment by reference to a series of multi-functional tests. As a result of this tension, full employment law coverage is restricted to the narrow scenario where a single legal entity exercises all employer functions⎯a paradigm far from the fragmented reality of modern labour markets.

These problems can only be addressed by a careful reconceptualization leading to the development of a functional concept of the employer. The book draws on existing models in English and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each strand of the received concept of the employer is examined in turn to demonstrate how this more openly multifunctional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. The book fills a crucial gap in employment law and corporate law by exposing the defects in our current understanding of the employer and by developing a new functional concept appropriate for both traditional and emerging work arrangements.


ISBN: 978-0-19-873553-3

A Kavanagh, 'The Constitutional Separation of Powers' in David Dyzenhaus & Malcolm Thorburn (eds), Philosophical Foundations of Constitutional Law (Oxford University Press 2015) (forthcoming)

B Spagnolo, The Continuity of Legal Systems in Theory and Practice (Hart Publishing 2015) (forthcoming)

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

Roger Hood and C Hoyle, The Death Penalty: A Worldwide Perspective (5th edn, Oxford University Press 2015)

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

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


G Dinwoodie and Dev S. Gangjee, 'The Image of the Consumer in European Trade Mark Law' in Dorota Leczykiewicz and Stephen Weatherill (eds), The Image(s) of the Consumer in EU Law (Hart Publishing 2015) (forthcoming) [...]

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


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

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


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

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

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


A Kavanagh, 'The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog' in Hunt, Hooper and Yowell (eds), Parliaments and Human Rights: Redressing the Democratic Deficit (Hart Publishing 2015)

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

D Sarooshi, 'The Legal Capacity and Powers of International Organizations’ ' in Ian Hurd, Ian Johnstone, and Jacob Katz Cogan (eds), The Oxford Handbook of International Organizations (Oxford University Press 2015) (forthcoming)

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

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

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

C Costello and Emily Hancox, 'The Recast Asylum Procedures Directive 2013/32/EU: Caught between the Stereotypes of the Abusive Asylum Seeker and the Vulnerable Refugee' in V. Chetail, P. De Bruycker & F. Maiani (eds), Reforming the Common European Asylum System: The New European Refugee Law (Martinus Nijhoff 2015) (forthcoming) [...]

This piece provides a detailed analysis of the Recast Asylum Procedures Directive (Recast APD). Although we are now two decades into harmonization of asylum procedures at the European Union (EU) level, we begin in Part 2 by revisiting the rationale for this process. We contend that the most persuasive rationale for procedural harmonization, in an EU legally committed to refugee protection, is to ensure fair procedures, and to prevent a race to the bottom in procedural standards. Efficiency must serve fairness, not vice versa. The original Asylum Procedures Directive (APD) failed to meet this aim by a long margin. The Recast APD is the product of the new, post-Lisbon legislative environment, so as Part 3 suggests, it comes with high hopes for improvement, particularly given the Parliament’s relatively new role as co-legislator on asylum matters. Our analysis reveals that the Recast APD contains many improvements on its predecessor, but overall our assessment is mixed, particularly if we assess it in terms of the objective of setting clear basic minimum standards of fairness. We attempt to explain this ambivalent outcome by suggesting that the Directive reflects two competing stereotypical views of the asylum seeker. On the one hand, there is a strong notion that asylum procedures must work to weed out ‘abusive’ claims. In contrast, there is also a strong acknowledgement that some asylum seekers are particularly vulnerable or have special needs (as will be seen, different terminologies are used in different contexts). As we argue, these stereotypes create complexity, and crowd out the basic notion of refugee status determination (RSD) as a process for recognising refugees, on the assumption that many (although of course not all) of those who apply will be so recognised.


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

K Greasley, 'The Right to Die and the Right to Help: R v Purdy and its Legacy' in J. Herring and J. Wall (eds), Landmark Cases in Medical Law (Hart Publishing 2015)

L Lazarus, 'The Right to Security' in Rowan Cruft, Matthew Liao and Massimo Renzo (eds), The Philosophical Foundations of Human Rights (Oxford University Press 2015) [...]

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


A Kavanagh, 'The Role and Limits of Courts' in Barber, Ekins and Yowell (eds), The Limits of the Law (Hart Publishing 2015) (forthcoming)

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

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

Roy Goode and others, Transnational Commercial Law: Text, Cases and Materials, 2nd edn (Oxford University Press 2015) (forthcoming) [...]

This work examines the nature and sources of transnational commercial law and the institutions and processes of harmonisation, followed by an analysis of many of the leading international commercial law instruments. In the second edition, which has been completely updated, it has been substantially revised and expanded


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

B Bradford, 'Unintended Consequences' in Rebekah Delsol and Michael Shiner (eds), Stop and Search: The Anatomy of a Police Power (Palgrave Macmillan 2015)

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

M Chen-Wishart, '“Controlling Unfair Terms: Protecting the Institution of Contract”' in L Gullifer and S Vogenaur eds (eds), English and European Perspectives on Contract and Commercial Law ( 2015)

Page updated on 19 November 2013 at 19:06 :: Send us feedback on this page :: photo credits

Policies on: cookies :: freedom of information :: data protection