here - Bloomsbury Professional

Transcription

here - Bloomsbury Professional
Hart Publishing 2016
Good Books for Lawyers
Welcome
Once again it is my pleasure to welcome you to the annual Hart catalogue and to thank you
all for your continued collaboration and support as authors, customers and readers.
The publication of our annual catalogue provides a moment to pause and consider the prior
year’s achievements. 2015 was a year in which Hart authors’ significant contribution to legal
scholarship was recognised by the wider academy. I am delighted to congratulate those authors
whose scholarship was celebrated in 2015 – Alan Paterson was awarded the 2015 Inner Temple
Book Prize for Final Judgment. The 2015 SLS Peter Birks Prize for Outstanding Legal Scholarship
(First Prize) was awarded to Katja L H Samuel for The OIC, the UN and Counter-Terrorism LawMaking. Paul S Davies’s Accessory Liability was awarded the SLS Peter Birks Prize for Outstanding
Legal Scholarship (Second Prize). There was significant uptake by law librarians of the Hart list
on our online platform Bloomsbury Collections (see p 12). We also integrated our titles into the
Bloomsbury print-on-demand programme, allowing an exciting ‘new in paperback’ option for
our titles (see p 13). The inaugural Hart/Bloomsbury Publishing Annual State Aid Conference was
chaired by Conor Quigley QC and we welcomed a record number of attendees to our Annual
Judicial Review Conference, under the stewardship of Michael Beloff QC and Richard Gordon QC.
Looking forward we have an exciting and eclectic offering in 2016; students in particular will
welcome the new edition of Andrew Burrows’ seminal text A Casebook on Contract. 2016 sees
the first books publishing in two important new monograph series: Parliamentary Democracy in
Europe (series editors: Nicola Lupo and Robert Schütze) and Hart Studies in European Criminal Law
(series editors: Katalin Ligeti, Valsamis Mitsilegas, and Anne Weyembergh) (see p 7).
Finally, in 2016 we bid a fond farewell to our Jericho office as we move to new premises in
Cumnor Hill, Oxford. We thank all our authors who visited us at Worcester Place and look forward
to welcoming you to Kemp House.
Sinéad Moloney
Editorial Director, February 2016
Contents
Contact Us ...................................................................................................3
Immigration, Asylum, Refugee and Nationality Law....... 58
Distribution and Sales Contacts .....................................................4
Insurance Law.......................................................................................... 59
Hart Publishing Conferences ...........................................................6
International and Comparative Criminal Law...................... 59
Hart Publishing Series ..........................................................................7
International Investment Law....................................................... 60
Ebooks ......................................................................................................... 12
International Trade Law..................................................................... 61
Arbitration and ADR............................................................................. 14
Labour and Discrimination Law................................................... 63
Banking and Financial Law.............................................................. 14
Law and Humanities............................................................................ 65
Company & Insolvency Law........................................................... 16
Legal Education and the Legal Profession............................. 65
Comparative Law................................................................................... 17
Legal History............................................................................................. 66
Competition Law................................................................................... 18
Legal Philosophy.................................................................................... 66
Computer and Internet Law........................................................... 20
Litigation and Civil Procedure....................................................... 68
Constitutional and Administrative Law................................... 20
Media Law.................................................................................................. 69
Contract, Tort, Restitution and Commercial Law............... 29
Medical Law and Ethics..................................................................... 69
Copyright, Patents, Trademarks.................................................... 36
Private International Law.................................................................. 70
Criminal Law and Evidence............................................................. 38
Property Law............................................................................................ 70
Criminology and Policing................................................................. 40
Public International Law................................................................... 72
Energy, Environmental and Natural Resources Law........ 42
Socio-Legal Studies.............................................................................. 78
Equity and Trusts.................................................................................... 44
Sports Law................................................................................................. 79
European Law.......................................................................................... 45
Backlist.......................................................................................................... 80
Family Law................................................................................................. 54
Index........................................................................................................... 100
Gender and the Law............................................................................ 54
Inspection Copy Order Form...................................................... 104
General Law.............................................................................................. 55
UK, Europe and Rest of the World Order Form................ 105
Human Rights Law............................................................................... 56
USA Order Form.................................................................................. 106
1
Family Law titles from
Bloomsbury Professional
Six titles available to order directly from us:
Duckworth’s Matrimonial
Property and Finance
Hershman and McFarlane:
Children Law and Practice
Peter Duckworth
The Rt Hon Lord Justice McFarlane,
Madeleine Reardon and the late
David Hershman QC
“The leading text in this area”
Lord Wilson
9780853085256 | Looseleaf or Online
£500
“The practitioner’s ‘Bible’ on all aspects of
public and private child law”
Sarah Forster, Head of Chambers, Fourteen
Child Care and Adoption Law:
A Practical Guide, Second Edition
9780853081180 | Looseleaf or Online
£590
The Rt Hon Lord Justice McFarlane
and Madeleine Reardon
Hershman & McFarlane:
Children Act Handbook 2016/17
“…an excellent read and I could go on and on
about how good it is, but your best bet is to
buy it and see for yourself.”
Professional Social Work
9781846611889 | Jun-10 | Paperback
£55
A Practical Guide to Family
Proceedings, Fifth Edition
Editors: District Judge Robert
Blomfield, Helen Brooks, Clive Buckley
and District Judge Richard Robinson
“... procedure in family law is of the utmost
importance ... this excellent book supports
that principle with its easy and clear approach
... I commend it to both the practitioner and
layman alike” Charles Russell LLP
The Rt Hon Lord Justice McFarlane
“essential ... it is a great boon to have all these
materials in one relatively small volume ... this
volume is a must”
New Law Journal (review of earlier edition)
9781784516703 | Jul-16 | Paperback | 900pp
£60
Family Court Reports
Edited by: The Rt Hon Lord Justice
Thorpe
14726459 | Case Reports
£421
9781846612756 | Mar-12 | Paperback | 650pp
£70
Print titles are available from Bloomsbury Professional, now. For more information on
the Online services, contact [email protected].
For more information see page 19 for further details on each of these titles.
The New Family Law Specialist
Contact Us
Ordering and customer service enquiries
Hart Publishing has 4 distributors worldwide:
UK, EU & Rest of World: Macmillan Distribution Ltd
USA: International Specialised Book Services (ISBS)
Canada: Codasat Canada Ltd
Australia: Bloomsbury Publishing Pty Ltd
Please see our distribution and sales information on page 4 for full contact details.
Hart Publishing Office
Please note, as of 25th April 2016 Hart Publishing will be moving to a new location.
For enquiries before 25th April 2016 please contact:
Hart Publishing, 16c Worcester Place, Oxford, OX1 2JW, UK
Tel: +44 (0) 1865 517530 Fax: +44 (0) 1865 510710 E: [email protected]
For enquiries after 25th April 2016 please contact:
Hart Publishing, Kemp House, Chawley Park, Cumnor Hill, Oxford, OX2 9PH, UK
Tel: +44 (0) 1865 517530 Fax: +44 (0) 1865 727017 E: [email protected]
Sign up for Hart Publishing Email alerts
Hart Publishing offers an email alert service. By signing up to our email list you will be notified about new books in your areas of
interest upon publication. As a member of the email list you will be eligible to receive a 10% discount on all Hart books.
Register through our website: www.hartpub.co.uk/mailing.aspx
Follow us on twitter: @hartpublishing or like us on Facebook: www.facebook.com/HartPublishing2
Proposals
We are always happy to discuss new ideas with prospective authors and to
read and review manuscripts and book proposals.
For information on the subject areas that we publish in and a detailed
explanation of our processes please visit our website:
www.hartpub.co.uk/Proposals.aspx
If you have an idea for a book then please contact one of our publishing team:
Sinéad Moloney [email protected]
Bill Asquith [email protected]
Roberta Bassi [email protected]
Or write to them at our office address shown above.
Hart Publishing
Website
As of spring 2016
Hart will be launching
a brand new website!
Make sure you visit
www.hartpub.co.uk
to take a look around
the new site!
33
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5
Hart Publishing Conferences
The Hart & Bloomsbury Publishing State Aid Conference
Dedicated to analysing developments in State Aid law and chaired by Conor Quigley QC
Delegates to the conference will earn 6 CPD points
Sessions from the 2015 Conference
•
•
•
•
•
•
•
•
•
Developments in the notion of selectivity in fiscal State aid, Conor Quigley QC, barrister, Serle Court
Transfer pricing arrangements and State aid, Peter Cussons, partner, PwC
The assessment of individual tax arrangements by the Commission, Dr Andreas von Bonin, partner, Freshfields Bruckhaus Deringer LLP (Brussels)
Remedies required by Commission decisions, Leo Flynn, member of the legal service, European Commission (Brussels) & visiting professor in law,
King’s College London
Recovery of fiscal State aid in national proceedings, Dimitrios Kyriazis, tutor and doctoral researcher, University of Oxford
State aid remedies in national courts, Alan Bates, barrister, Monckton Chambers
General Block Exemption Regulations, Alexander Rose, lawyer - European programmes and local growth, Treasury Solicitor’s Department Karen
Haseldine, State aid policy unit, Department for Business, Innovation and Skills
Developments in EU State aid law: related rules concerning renewable energy, Professor Angus Johnston, senior law tutor and professor of law,
University College Oxford
Funding infrastructure projects without State Aid, Caroline Ramsay, senior associate, Pinsent Masons
The Annual Hart Judicial Review Conference
Judicial Review – Law and Procedure
Hart Publishing holds an annual Hart Judicial Review Conference which promises to be of extremely high quality, with an excellent
chair and panel of speakers dedicated to analysing developments in Judicial Review. Now in its 10th year, the conference continues to
provide the opportunity for lawyers to sharpen their knowledge and awareness of the latest issues in Judicial Review, with lectures and
discussion involving a group of the highest calibre practitioners and judges involved in public law. The 2016 conference is taking place
on the 9th December.
6
A selection of previous sessions
Endorsements:
• Lord Justice Beatson Keynote address on The New Model Judiciary and the other Two Branches of the
State (2014 conference)
• Shaheed Fatima on The Increasing Importance of International Law in Judicial Review Cases (2014
conference)
• Rowena Moffatt on Immigration, Citizenship and Deportation (2014 conference)
• An interview with Conor Gearty and Keir Starmer on The Future of the European Convention of Human
Rights (2013 conference)
• Michael Fordham Q.C. on Economic and Social Rights and the English Courts (2013 conference)
• A Conversation with Clive Coleman and Hugh Tomlinson Q.C. on Law and the Press after Leveson (2012
conference)
• Helen Mountfield Q.C. on Public Sector Equality Duties (2012 conference)
• Lord Justice Carnwath and Professor Richard Macrory on Judicial Review in the New Tribunals (2011
conference)
• Vernon Bogdanor CBE on The Courts and Parliament in 2011 (2011 conference)
• A Conversation with Clive Coleman and Lady Justice Arden on A Union of Courts: the UK Courts and
European Courts in Harmony (2011 conference)
• Aidan Robertston Q.C. on Developments in Commercial Regulation and Judicial Review (2010 conference)
• Philip Havers Q.C. on Bias (2010 conference)
• Richard Gordon Q.C. on the leading cases in 2009 (2009 conference)
• Lord Lester Q.C. on a Constitutional Bill of Rights (2009 conference)
• The Hon Mr Justice Barling on Judicial Review in the Competition Appeal Tribunal (2009 conference)
‘The Hart JR conference is
brilliantly organized and the
speakers are the best. It is
extremely relevant to my practice
and is great value for money.
The range of styles makes it very
interesting. . . The formula works.
The Chair is great.’ Conleth Bradley
SC, Law Library Buildings, Dublin
‘It is the second time I have
attended the conference and its
quality was excellent again this
year. You seem to have a fairly
winning formula. . . ’
Chris Warburton, Wragge Lawrence
Graham & Co
If you would like to register your interest for future State Aid / Judicial Review
conferences please contact Hart Publishing: Email: [email protected]
New Series from Hart Publishing
Hart Studies in European Criminal Law
Series Editors: Professor Katalin Ligeti, University of
Luxembourg, Professor Valsamis Mitsilegas, Queen Mary
University of London and Professor Anne Weyembergh,
Brussels Free University
Since the Lisbon Treaty, European criminal has become an
increasingly important field of research and debate. Working with
the European Criminal Law Academic Network (ECLAN), the series
will publish works of the highest intellectual rigor and cutting
edge scholarship which will be required reading for all European
criminal lawyers.
The series is happy to consider both edited and single authored
titles. The series defines ‘European’ and ‘criminal law’ in the
broadest sense so books on European criminal law, justice and
policy will be considered. The series also welcomes books which
offer different methodological approaches.
Parliamentary Democracy in Europe
Editors: Professor Nicola Lupo, LUISS Guido Carli University and Professor
Robert Schütze, Durham University
Parliamentary democracy is at the core of all modern European constitutions.
In representing the people, national parliaments are traditionally viewed as the
primary centres for democratic deliberation and decision-making. Yet with the rise
of international and supranational organisations, this national democratic frame
is increasingly challenged. What, then, is the role and task of national parliaments
today? And how has European integration affected them? The European Union
itself is founded on the idea of ‘representative democracy’. Citizens are directly
represented in the European Parliament, but Union democracy is equally based
on indirect forms of representation; and because of this, Union democracy
indirectly relies on the good functioning of national democratic institutions.
What, then, is the role and relationship between the European and the national
parliaments in the democratic functioning of the Union? Do they exercise distinct
or complementary functions? This new series aims to address these questions.
Encompassing monographs and edited collections, it offers insights into rules and
conventions shaping parliaments and parliamentary democracy in Europe.
Hart Studies in Security and Justice
Editor: Liora Lazarus, University of Oxford
This series pioneers the study of security and justice, whose controversial relationship has taken on particular urgency since the
‘the war on terror’, and related phenomena such as targeted killing, preventive pre-trial detention and mass surveillance. It seeks to
include all legal methods and approaches, cutting across traditional subjects such as constitutional and public law, human rights
law, terrorism law, legal and political theory, international law and political science. The result is a cutting-edge body of scholarship
analysing one of the most pressing and controversial issues of our time.
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7
Hart Publishing Series
China and International
Economic Law Series
Debating Law
General Editor: Peter Cane
Debating Law is a new, exciting series that
gives scholarly experts the opportunity to
offer contrasting perspectives on significant
topics of contemporary, general interest.
Editors in General: Wenhua Shan, Qian Zhang and
Xin Zhang
This series explores how China interacts on
the economic stage with international actors.
Written by leading scholars the series offers
unique perspectives into this fascinating and
complex aspect of international economic law.
Civil Justice Systems
General Editor: Christopher Hodges
This series covers theoretical and empirical
research on the mechanisms for resolution
of civil disputes, including courts, tribunals,
arbitration, compensation schemes,
ombudsmen, codes of practice, complaint
mechanisms, mediation, and various forms of
Alternative Dispute Resolution.
Constitutional Systems of
the World
General Editors: Peter Leyland, Andrew Harding
and Benjamin L Berger
Associate Editors: Grégoire Webber and Rosalind
Dixon
This series seeks to provide scholars and
students with accessible introductions to the
constitutional systems of the world, supplying
both a road map for the novice and, at the
same time, a deeper understanding of the key
historical, political, and legal events which have
shaped the constitutional landscape of each
country. Each book in the series deals with a
single country or a group of countries with a
common constitutional history, and each author
is an expert in their field.
Contemporary Studies in
Corporate Law
This series seeks to foster intellectually diverse
approaches to thinking about the law and its
role, scope and effectiveness in the context of
corporate activity.
Criminal Law Library
This series explores areas of criminal law and
criminal justice which are not well covered in
the leading textbooks and encyclopaedias.
8
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Documents in
International Law
General Editor: SAG Talmon
This series presents the key documents
necessary for an understanding of an important
episode, issue or conflict dealing with questions
of international law. The documents are carefully
selected and accompanied by a general
analytical introduction to the topic in question,
a chronology of events (if applicable), maps (if
applicable), and appropriate indexes.
Essays in European Law
This series is dedicated to publishing edited
collections on a wide range of topics
within European law, focussing particularly
on analyses of emerging trends and new
developments which are not covered in the
standard textbooks. The essays are carefully
grouped around selected themes which, while
frequently at the cutting edge of scholarship,
are nonetheless intended to be of widespread
interest to EU scholars and practitioners.
EU Law in the Member States
Editors: Michal Bobek and Jeremias Prassl
This is a new series dedicated to exploring
the impact of landmark CJEU judgments and
secondary legislation in legal systems across
the European Union. Each book is written by a
team of generalist EU lawyers and experts in the
relevant field, bringing together perspectives
from a wide range of different member states in
order to compare and analyse the effect of EU
law on domestic legal systems and practice.
European Academy of Legal
Theory Series
General Editors: Mark Van Hoecke and François Ost
This series, published under the auspices
of the European Academy of Legal Theory,
encompasses original works on legal theory,
including the winner of the European Award for
Legal Theory. This is an award made biennially
to the author of the best European doctoral
thesis in the area of legal theory and philosophy
of law.
Hart Publishing • Hart Publishing Series
European and National
Constitutional Law Series
Hart Studies in Comparative
Public Law
General Editor: Monica Claes
This series provides a new venue for works
exploring the full range of modern scholarship
in comparative public law. The series is catholic
in coverage, embracing topics as diverse as
constitutional design and reform, judicial
reasoning in constitutional law, Bills of Rights,
trans- and international constitutional theory,
international administrative law and justice, and
comparative constitutionalism.
EuNaCon (the ERC-funded European and
National Constitutional Law project (2008 13)), was set up to investigate and advance
understanding of the national component of
Europe’s composite Constitution. With those
aims in mind the project team selected four key
areas of national constitutional law in which
traditions and principles could be analysed
and compared. The insights obtained from
this process of comparison were then used to
formulate a better understanding of Europe’s
composite Constitution. This series is the
outcome of those projects.
European Competition Law
Annual
Hart Studies in
Competition Law
This series brings together works exploring the
full range of modern scholarship in competition
law.
Current Editors: Philip Lowe, Mel Marquis and
Giorgio Monti
This is a series of volumes following the annual
workshops on EU Competition Law and Policy
held at the Robert Schuman Centre of the
European University in Florence. Each volume
contains papers by the EU’s leading experts on
competition law.
Finnish Yearbook of
International Law
Editor-in-Chief: Jarna Petman
Executive Editor: Jens Kremer
The Finnish Yearbook of International Law aspires
to honour and strengthen the Finnish tradition
in international legal scholarship. Open to
contributions from all over the world and from
all persuasions, the Finnish Yearbook stands out
as a forum for theoretically informed, highquality publications on all aspects of public
international law, including the international
relations law of the European Union.
French Studies in
International Law
Hart Studies in
Constitutional Law
This series provides a forum for the publication
of works which engage with the pressing issues
in constitutional law today. As such the series
is potentially concerned with a wide range
of topics, including constitutional theory and
practice, the principles of constitutional law,
constitutional history, and the modern growth
of constitutionalism.
Hart Studies in Private Law
This monograph series brings together in
one place two types of book: works which
examine in-depth the fundamental doctrines
and principles of private law, and works which
engage with the theoretical underpinnings of
private law. The series thus aims to contribute
to ever-evolving debates about the nature of
private law such as problems of classification
and taxonomy, remedies, the relationship with
public law and the boundaries of private law
generally.
General Editor: Emmanuelle Tourme-Jouannet
This is a unique new series which aims to
bring to the attention of an English-speaking
audience the most important modern works
by leading contemporary French and Frenchspeaking scholars of international law.
Hart Monographs in
Transnational and
International Law
Editor: Craig Scott
The objective of this series is to publish highquality scholarship in public international law
and private international law, as well as work
that adopts “transnational law” as its thematic,
theoretical or doctrinal focus.
Hart Studies in Private Law:
Essays on Defences
Editors: Andrew Dyson, James Goudkamp and
Frederick Wilmot-Smith
This series offers a systematic treatment of
defences in private law as a connected field. It
addresses tort law, unjust enrichment, contract
law and equity, in that order. Its aim is to
contribute to this theoretically challenging and
practically important, yet understudied, area
of the law. The essays that constitute each of
the collection in this series are written by some
of the world’s leading judges and scholars.
They bring together insights from several
jurisdictions, including civilian jurisdictions. The
series is of value to academics and practitioners
alike.
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9
Hart Publishing • Hart Publishing Series
Human Rights Law in
Perspective
General Editor: Colin Harvey
The aim of this series is to provide a forum for
scholarly reflection on all aspects of the law
of human rights. The series will encourage
work which engages with the theoretical,
comparative and international dimensions of
human rights law. The primary aim is to publish
over time books which offer an insight into
human rights law in its contextual setting. The
objective is to promote an understanding of the
nature and impact of human rights law.
Landmark Cases
Editor: Paul Mitchell
This series seeks to highlight the historical
antecedents of the leading cases in the common
law. These edited volumes feature original archival
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intended to provide a context, or contexts, in which
to better understand how and why certain cases
came to be regarded as the ‘Landmark’ cases in any
given field.
Law and Practical Reason
General Editor: George Pavlakos
International Studies in the
Theory of Private Law
Editors: Hugh Collins, Christian Joerges and
Gunther Teubner
This series of books edited by a distinguished
international team of legal scholars aims to
investigate the normative and theoretical
foundations of the law governing relations
between citizens. The series welcomes a
diverse range of theoretical approaches in
the examination of these issues including
approaches using socio-legal methods,
economics, critical theory, systems theory,
regulation theory, and moral and political
theory.
Legal Theory Today
Founding Editor: John Gardner
The aim of this series is to publish concise
contemporary studies in legal theory which offer
a rigorous and crystal-clear treatment of their
subject matter as well as an original point of view,
developing and challenging established lines of
thought.
Irish Yearbook of
International Law
Modern Studies in European
Law
Current Editors: Fiona De Londras
and Siobhán Mullally
This series publishes the best new monographic
works on EU law by younger scholars in the subject.
The series embraces the full scope of scholarship
on EU law from doctrinal analysis to theoretical
exploration, and also encourages inter-disciplinary,
comparative and historical approaches, the overall
aim being to publish innovative work which will
widen knowledge and understanding of the place of
law in the creation of Europe.
Started in 2006, the Irish Yearbook of
International Law presents, on an annual basis,
peer-reviewed academic articles and book
reviews on general issues of international
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practice in international fora and the European
Union; and relations between the North and
the South of Ireland. In addition, the Yearbook
reproduces documents that reflect Irish practice
on contemporary issues of international law.
Ius Commune Casebooks for
the Common Law of Europe
General Editor: Professor Walter van Gerven
The Ius Commune Casebook Project fosters
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comparative legal research in various areas
of the law. The main aim of the project is to
enable scholars and students across Europe
and beyond to study and discuss the same
leading cases and materials. The casebooks
combine extracts from national case law and
other sources with excerpts from the European
level and thus take a ‘bottom-up approach’ to
the study of the law. Introductions, explanatory
and comparative notes and questions tie the
materials together and put them in context.
10
The intention of this series is that it should
encompass monographs and collections of essays
that address the fundamental issues in legal
philosophy. The foci are conceptual and normative
in character, not empirical. Studies addressing
the idea of law as a species of practical reason are
especially welcome.
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Law
Current Editor: Nicholas Hopkins
The books in this series contain a collection of
peer reviewed papers presented at the biennial
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lawyers from around the world to showcase current
research in the discipline.
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Law and Society
General Editors: Rosemary Hunter and David Nelken
This series publishes volumes of original research
and theory on the relations between law, legal
institutions and social processes. Contributions
to the volumes are eclectic in their disciplines,
methodologies and theoretical perspectives, but
they all share a strong comparative emphasis. The
volumes originate in workshops hosted by the Oñati
International Institute for the Sociology of Law.
Hart Publishing • Hart Publishing Series
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are both shaping and being shaped by the law.
Select Proceedings of
the European Society of
International Law
Current Editors: Mariano J Aznar and Mary E Footer
The books in this series feature the most important
and interesting papers presented at the European
Society of International Law conferences. A
flourishing forum for the discussion of new ideas
and scholarship on international law.
Studies in International and
Comparative Criminal Law
General Editor: Michael Bohlander
This series includes books on a wide range of
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General Editors: Paul Beaumont and Jonathan
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Current Editor: Peter Harris
The books in this series bring together the
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Institute of European and
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Board of Advisory Editors: Mark Freedland and
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A series established by the Oxford Institute
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European Law
Studies in International
Trade Law
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understood to include the whole of the law of
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and Penal Ethics
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Volumes in the series concentrate on new
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throughout the world.
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audience. The articles in each volume are
original, analytical contributions concerned
with European law, its development, impact
and reform.
The Rene Cassin Institute
of Human Rights Series
This series is co-published between Editions
Pedone and Hart.
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11
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Comparative Law, Legal History and Legal Studies
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Constitutional and Administrative Law
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68
Corporate and Financial Law
29
Criminal Law and Justice
73
Energy, Environmental & Natural Resources Law
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18 months after publication, Hart books are assessed
for their suitability as paperbacks. This will ensure that
a vast majority of our titles never go out of print.
A selection of titles that have recently been re-published
in paperback format can be seen below
New in
Paperback
Titles
13
Arbitration and ADR
International Commercial Arbitration
A Practitioner's Guide
Edited by Stephan Balthasar
This Guide provides an overview of the global framework of international commercial arbitration – the New York Convention –
and gives comprehensive insight into the laws of international arbitration for the world’s most important jurisdictions in the
arena of international arbitration: Austria, Belgium, Brazil, China, England and Wales, France, Germany, Hong Kong, India,
Netherlands, Russia, Singapore, Spain, Sweden, Switzerland and the United States of America. The country reports focus
on international arbitration, and, where applicable, point to specific rules applying to domestic arbitration in a specific jurisdiction.
Each country report follows a uniform structure along the following lines:
I. Introduction
II. The arbitration agreement
III. The arbitral proceedings
IV. The control and the enforcement of arbitral awards
Stephan Balthasar practises arbitration with Linklaters in Munich.
The contributors are experienced practitioners in arbitration from the countries covered by this Guide.
February 2016 • 560 pages
Hardback • 9781849467933 • £180 / $344
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Banking and Financial Law
Bankruptcy in the 21st Century
Secured Transactions Law
Reform
A Comparative Analysis of the US and
Europe
Principles, Policies and Practice
Iain Ramsay
Since 1979 the world has witnessed a remarkable
cycle of individual bankruptcy law reform. Changes
in capitalist economies, financial crises and political
interest groups all contributed to this cycle of reform.
Differences exist between European systems in terms
of access criteria, institutional frameworks, financing
and discharge conditions. What explains these differences within Europe and
those between Europe and the US? This book draws on insights from historical
institutionalism to illustrate the role of timing, path dependency and unintended
consequences in the development of individual bankruptcy law.
The book presents case studies of individual bankruptcy law in the US, France,
Sweden and England and Wales. It analyses how, following the Great Recession
of 2008, international financial institutions identified the significance of
household debt and individual bankruptcy for financial architecture. The EU
imposed individual bankruptcy reform on certain Member States, and proposed
bankruptcy harmonisation to promote individual entrepreneurialism. The book
examines the likelihood of greater convergence on an EU individual bankruptcy
paradigm, and how this fits conceptions of neo-liberalism and the social market.
Finally, the book discusses whether the international emergence of individual
bankruptcy law represents a progressive step or a band-aid for the costs of neoliberal policies, where a significant number of people live close to the precipice of
over-indebtedness.
Iain Ramsay is Professor of Law at the University of Kent.
Edited by Louise Gullifer & Orkun Akseli
Secured transactions law has been subjected to a close
scrutiny over the last two decades. One of the main
reasons for this is the importance of availability of credit
and the consequent need to reform collateral laws in
order to improve access to finance. The ability to give
security effectively influences not only the cost of credit
but also, in some cases, whether credit will be available at all. This requires rules
that are transparent and readily accessible to non-lawyers as well as rules that
recognise the needs of small and medium-sized enterprises.
This book critically engages with the challenges posed by inefficient secured
credit laws. It offers a comparative analysis of the reasons and the needs for a
secured transactions law reform, as well as discussion of the steps taken in many
common law, civil law and mixed law jurisdictions.
The book, written under the auspices of the Secured Transactions Law Reform
Project, informs the debate about reform and advances novel arguments written
by world renowned experts that will build upon the existing literature, and as
such will be of interest to academics, legal practitioners and the judiciary involved
in secured transactions law around the world.
Louise Gullifer is Professor of Commercial Law at the University of Oxford.
Orkun Akseli is Senior Lecturer in Commercial Law at Durham University.
November 2016 • 480 pages
Hardback • 9781849467438 • £65 / $112
Hart Publishing
November 2016 • 288 pages
Hardback • 9781849468091 • £55 / $95
Hart Publishing
14
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Hart Publishing • Banking and Financial Law
European Capital Markets Law
Edited by Rüdiger Veil
European capital markets law has developed rapidly in
recent years. The former directives have been replaced
by regulations and numerous implementing legal acts
aimed at ensuring a level playing field across the EU.
The financial crisis has given further impetus to the
development of a European supervisory structure. This
book systematises the European law and examines the
underlying concepts from a broadly interdisciplinary
perspective. National experiences in selected Member
States – Austria, France, Germany, Italy, Spain, Sweden and the United Kingdom –
are also explored.
The first chapter deals with the foundations of capital markets law in Europe, the
second explains the basics, and the third examines the rules ensuring market
integrity. Chapter four explores the disclosure system and chapter five the roles
of intermediaries, such as financial analysts, rating agencies and proxy advisers.
Short selling and high frequency trading is described in chapter six. Chapter
seven deals with financial services and chapter eight explains compliance and
corporate governance in investment firms. Chapter nine illustrates the regulation
of benchmarks. Finally, chapter ten deals with public takeovers. Throughout the
book emphasis is placed on legal practice, and frequent reference is made to the
key decisions of supervisory authorities and courts.
Rüdiger Veil is a professor at Bucerius Law School, Hamburg and director of the Institute
for Corporate and Capital Markets Law.
International and Comparative
Secured Transactions Law
Edited by Spyridon V Bazinas & Orkun Akseli
The law of secured transactions has seen dramatic
changes in the last decade. International organisations,
particularly the UNCITRAL, have been working towards
the creation of international texts aimed at the
modernisation of secured financing laws (eg the UN
Convention on the Assignment of Receivables, the
UNCITRAL Legislative Guide on Secured Transactions
and its Intellectual Property Supplement, the UNCITRAL
Guide on the implementation of a Security Rights Registry and the draft
UNCITRAL Model Law on Secured Transactions which is currently being prepared).
The focus of this book’s examination is international (or cross-border) secured
transactions law. The book assembles contributions from some of the most
authoritative academic voices on secured financing law. The book will be of
interest to those involved in secured transactions around the world, including
policy-makers, practitioners, judges, arbitrators and academics.
Spyridon V Bazinas is a senior legal officer in the International Trade Law Division of
the United Nations Office of Legal Affairs and the Secretariat of the United Nations
Commission on International Trade Law (UNCITRAL).
Orkun Akseli is Senior Lecturer in Commercial Law at Durham Law School.
September 2016 • 320 pages
Hardback • 9781849467650 • £60 / $103
Hart Publishing
November 2016 • 480 pages
Paperback • 9781782256526 • £50 / $86
Hart Publishing
A Bank's Duty of Care
Market Manipulation and
Insider Trading
Regulatory Challenges in the United States
of America, the European Union and the
United Kingdom
Nicholas Ryder & Ester Herlin-Karnell
One of the emerging trends in the debate surrounding
the causes of the 2007/2008 financial crisis has been
the identification of the contributory factors. A great
deal of literature has concluded that there were many factors including, inter
alia, weak banking regulation, weak regulation of the consumer credit markets,
securitisation and the spectacular collapse of the United States sub-prime
mortgage sector. However, there has been an increasing amount of recognition
that white collar crime was a significant factor that influenced the most recent
financial crisis. The early body of research on the link between white collar crime
and the financial crisis identified mortgage fraud as being one of the most
prominent causes. This monograph, however, goes further, identifying a new
and emerging type of white collar crime: namely market manipulation. In the
book specific reference is made to the manipulation of London Interbank Offered
Rate (LIBOR) and the foreign exchange market (FOREX). The authors identify
the association between the financial crisis and market manipulation and then
critically consider the legislative, policy and enforcement responses in the United
States of America, the United Kingdom and the European Union.
Danny Busch & Cees van Dam
Over the recent years, more and more clients and third
parties have filed claims against financial institutions
such as for misselling financial products, poor financial
advice, insufficient disclosure of and warning for
financial risks. The scope of the duty of care of financial
institutions seems to expand: from protection of
consumers against unclear risks of complicated products
to protection of professional parties and against more
obvious risks of relatively straightforward products.
This topic raises many questions, both at a theoretical and practical level. The
book provides a rich source of information about how various jurisdictions
(Austria, Canada, France, Germany, Ireland, Italy, the Netherlands, Spain, the United
Kingdom and the United States) deal with these questions and how answers
are found or embedded in the national legal system. On this basis the book also
provides a thorough comparative analysis and perspective.
Danny Busch is Professor of Financial Law at Radboud University.
Cees van Dam is Professor of International Business and Human Rights at Erasmus
University Rotterdam.
March 2017 • 336 pages
Hardback • 9781849468114 • £65 / $112
Hart Publishing
Nicholas Ryder is Professor of Law at the University of the West of England, Bristol.
Ester Herlin-Karnell is Professor of EU Constitutional Law, VU University, Amsterdam.
March 2017 • 272 pages
Hardback • 9781509903078 • £55 / $110
Hart Publishing
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15
Company & Insolvency Law
The Fundamental Rights of
Companies
Corporate Laws of the World
European and US Law Compared
Edited by Gerhard Wegen, Marcel Barth &
Andreas Spahlinger
Peter J Oliver
This book fills a major gap in the literature on
fundamental rights: lawyers can draw on a wealth
of secondary sources on fundamental rights in EU
competition law but there is a dearth of literature on
the fundamental rights of companies under EU law
and the European Convention on Human Rights and
this is the first comprehensive examination of this increasingly important subject.
This dearth is surprising given that, even outside the field of competition law,
the European Court of Justice has decided a number of recent landmark cases
including Schecke, DEB and Scarlet Extended. In addition, this book explores the
relevant US authorities in depth; and their comparison with European law often
leads to surprising results. The book covers an array of substantive rights such
as property, privacy and freedom of speech, as well as various procedural rights
with a particular emphasis on those which arise in competition law (eg the right
to a fair trial, double jeopardy and the privilege against self-incrimination). The
author has not merely described the law as it stands, but also proposes an overall
approach. This work is aimed at practitioners and academics alike.
Peter J Oliver is a Visiting Professor at Université Libre de Bruxelles and a Barrister.
December 2016 • 200 pages
Hardback • 9781841136899 • £63 / $108
Hart Publishing
A Handbook
This handbook contains detailed reports on the
corporate laws of almost 50 countries worldwide.
Following a common structure, each country report
is approximately 50 pages in length. Within each
report the following information is presented: the
legal status of private limited liability companies;
the legal status of public companies; registration
requirements; foundation; duration; name; legal capacity; memorandum and
articles of association; capital and protection of capital; rights and duties of
shareholders; corporate bodies and officers; power of representation; liability of
corporate bodies; liability of shareholders; listing of the corporation; employee
participation; annual financial statement: disclosure obligations; transfer of shares;
encumbrance of shares; establishment of branches; insolvency; liquidation
and winding-up; taxation; conversion; conflict of laws; cross-border structuring;
overview of the law concerning capital markets.
Gerhard Wegen is a partner in Gleiss Lutz in Stuttgart, and Professor of Law at the
University of Tübingen. Marcel Barth is managing partner of the Hanover branch of Price
Waterhouse Coopers. Andreas Spahlinger is a partner in Gleiss Lutz, Stuttgart.
September 2016 • 1500 pages
Hardback • 9781849461979 • £380 / $653
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Crimes of Business in
International Law
The Single-Member Limited
Liability Company (SUP)
Concepts of Individual and Corporate
Responsibility for the Rome Statute of the
International Criminal Court
Thomas M Schmidt
Preventing contributions to serious human rights
violations in the course of business activity is a matter
of prime importance to the international community.
With a view to business actors providing infrastructure, funding or other means
for the commission of crimes, this study presents concepts for assessing their
individual responsibility under the Rome Statute of the International Criminal
Court. To this end, the author expands upon foundational German scholarship
and scrutinizes the Court’s jurisprudence on commission and civilian superior
responsibility, in particular its recourse to the control over the crime theory.
The book examines the necessity to exempt socially valuable business activity
from such responsibility from a human rights perspective. An interdisciplinary
approach to the proposal to extend the Court’s jurisdiction to corporate actors
identifies as a major obstacle to statutory reform the unresolved conflict between
diverging views on the reality of organizations.
Thomas M Schmidt is Postgraduate Judicial Service Trainee at the Higher Regional Court
of Berlin.
November 2015 • 400 pages
Hardback • 9781509906901 • £95 / $164
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
16
A Necessary Reform of EU Law on Business
Organizations?
Peter Kindler
The book is a contribution to the European rights policy
in the field of company law. It contains a critical opinion
on the proposal from the European Commission for
a European single-member company (Societas unius
Personae, SUP) (COM [2014] 212). The book explores
weakness within the regime; including uncertain proof of identity in relation to
online founding and the deficient protection of creditors, due to the failure to
synchronise with the applicable insolvency law (particularly from the German
perspective). In addition, it explores the risk that the SEA is used as an instrument
of participation avoidance. It illustrates that the SUP is largely unsuitable for failure
to control the right of instruction of the sole shareholder and managing director
liability. The author makes a number of suggestions for improvement on the draft
directive.
Peter Kindler is Chair for Civil Law, Commercial and Corporate Law, Private International
Law and Comparative Law at Ludwig-Maximilians University Munich.
April 2016 • 400 pages
Hardback • 9781509907199 • £40 / $68
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
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Hart Publishing • Company & Insolvency Law
Legal Risk in the Corporate World
The Changing Role of In-House Counsel
Richard Moorhead & Steven Vaughan
This book will provide an empirically grounded (qualitative and quantitative), in-depth investigation of how legal risk is defined and managed
by in-house lawyers and others, and the ethical dimensions to legal risk management. The growth in legal risk as a phenomenon of importance
has been accompanied by the growing significance and status of the role of General Counsel. Numbers of in-house lawyers in England & Wales
have more than doubled since 2002. In-house lawyers are regularly exhorted to be commercial, proactive and strategic, to be business leaders
and not (mere) lawyers. This study explores their role by calling on 3 key pieces of empirical research: (i) interviews with 34 senior in-house
lawyers and senior compliance staff in large corporates; (ii) a large online survey of in-house lawyers; and (iii) additional interviews with further
in-house lawyers. On the basis of this evidence, the authors explore how ethical infrastructure is managed and what role there is or should be
for the regulation of in-house lawyers.
Richard Moorhead is Professor of Law and Professional Ethics at University College London.
Steven Vaughan is a Lecturer and Education Director of the Centre for Professional Legal Education and Research at Birmingham Law School.
January 2017 • 288 pages
Hardback • 9781509905942 • £55 / $85
Hart Publishing
Comparative Law
Comparative Law in Practice
Contract Law in a Mid-Channel Jurisdiction
The Foundations of Russian
Law
Duncan Fairgrieve
Marianna Muravyeva
This book provides a comparative study of contract law,
examining the interaction of common law and civil law
approaches to contract law. Drawing extensively upon
English, French and European law, the book explores
how the law of contract of Jersey, Channel Islands, has
been influenced by both civil law and common law
sources. It is argued that this jurisdiction is a striking
example of comparative law in action, given that the
contract law is made up of a blend of common law and civil law approaches,
with the law premised upon a subjective approach to contracts, in which civil law
concepts such as cause (rather than consideration) and vices de consentement
are the foundational aspects, but which is nonetheless highly influenced by the
common law in areas such as remedies (damages, termination etc).
The book analyses a series of key issues from a comparative and European
perspective, including principles underlying contract law (comparing and
contrasting civil and common law approaches), the formation of contract,
requirements of reciprocity (cause vs consideration), structure and approach of
pre-contractual liability, role of good faith in a mixed system, the architecture of
remedies and more.
The Foundations of Russian Law is a textbook designed
for undergraduate and postgraduate students studying
law on comparative law and Russian law programmes. It
is based on interdisciplinary methodology and explains
how Russian law works and the main concepts and
frameworks behind it. It also aims to develop students’
skills by working with original legal sources and case
law to further their understanding of how Russian
law operates in practice. The textbook also utilizes original research to further
knowledge of the Russian legal profession, legal culture, judiciary and court
systems, providing a scholarly and practical account of Russian law for students
and scholars alike.
Marianna Muravyeva is a Professor in the Department of Sociology, National Research
University Higher School of Economics, St Petersburg.
March 2017 • 464 pages
Paperback • 9781782256489 • £30 / $60
Hart Publishing
Duncan Fairgrieve is Senior Research Fellow in Comparative Law at the British Institute of
International and Comparative Law and Professeur Associé at Université Paris Dauphine
PSL, France.
August 2016 • 208 pages
Hardback • 9781782257219 • £60 / $104
Series: Hart Studies in Private Law • Hart Publishing
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17
Competition Law
UK Merger Control
Hong Kong Competition Law
Law, Economics and Practice
Edited by Conor Quigley QC & Suzanne Rab
Jonathan Parker
This book is a fully up-to-date, comprehensive guide to
the law, economics and practice of UK merger control
law. It presents an integrated legal and economic
assessment of the substantive appraisal of mergers and
examines in detail the following topics: the history of
the Enterprise Act and its development from the Fair
Trading Act; the various regulatory bodies that form the
institutional structure of the UK merger control regime;
enterprises subject to merger control regulation and the jurisdictional thresholds
of the Enterprise Act; the relationship of the Enterprise Act with the European
Merger Regulation; public interest mergers and the role of the Secretary of State;
and merger remedies. All recent legislative developments including the merger
of the OFT and the Competition Commission and the Enterprise and Regulatory
Reform Act 2013, as well as all relevant case law are explored in the new edition
of this seminal text.
This important new text provides a comprehensive and
authoritative overview of Hong Kong competition law,
discussing the new legislation with reference to the
sources of inspiration (mostly EU law). It will also clearly
set out the procedural rules and enforcement and their
application within particular sectors. In addition, it will
explore the interface between Hong Kong and China
and other South Asian jurisdictions. Finally it will include
the published official source material: the ordinance and
guidelines. This will be an indispensible tool for all lawyers practising in the field.
Conor Quigley QC is a barrister specialising in EU law at Serle Court Chambers.
Suzanne Rab is a barrister specialising in competition law, EU law and regulation at Serle
Court Chambers.
February 2017 • 256 pages
Hardback • 9781509906420 • £150 / $225
Hart Publishing
Jonathan Parker is Director of Mergers at the Competition and Markets Authority, London.
November 2016 • 912 pages
Hardback • 9781509904907 • £150 / $258
Hart Publishing
An Introduction to
Competition Law
Piet-Jan Slot & Robert Lane
Harmonising EU Competition
Litigation
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 New Directive and Beyond
Edited by Maria Bergström, Marios Iacovides &
Magnus Strand
This volume in the Swedish Studies in European Law
series, produced by the Swedish Network for European
Legal Studies, heralds the new harmonised regime of
private enforcement of EU competition law. In 2013,
the Commission issued a Communication and Practical
Guide to the quantification of harm in antitrust litigation and a Recommendation
on collective redress. In 2014, the long-awaited Directive on actions for damages
for infringements of EU competition law was finally adopted. In 2016, the
Commission is expected to issue guidelines on the passing-on of overcharges.
This book examines these recent developments and offers the perspectives of
judges, officials, practitioners and academics.
With a preface by Judge Carl Wetter of the General Court, the book explores
five different themes. In section one, the main policy issues and challenges
are presented. In section two, the new regime is placed in the bigger picture
of recent EU law developments. In section three, the nexus between private
enforcement and transparency is investigated. A comparative perspective is
offered in section four by looking into private enforcement in five Member State
jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are
explored in section five.
This second edition has been fully updated in the light
of the latest developments and covers both EU and UK
competition along with an abbreviated introduction
to the EU rules on State Aid. An important function of this book is to provide an
insight into the combined system of UK and EU 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 (ie mergers and
acquisitions) – a range of examples, drawn from European and UK practice, have
been provided. These are then used in the explanation of the general principles,
taking into account recent legislative and judicial developments. 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 working lives.
Piet-Jan Slot is Professor of European and Economic Law at the University of Leiden.
Robert Lane is Senior Lecturer of EU Law at the University of Edinburgh.
November 2016 • 272 pages
Paperback • 9781849461801 • £25.99 / $45
Hart Publishing
Maria Bergström is Associate Professor of European Law, Marios Iacovides is a Doctoral
Candidate in European Law and Magnus Strand is Doctor of Laws in European Law, all at
Uppsala University.
January 2016 • 384 pages
Hardback • 9781849467629 • £55 / $95
Series: Swedish Studies in European Law • Hart Publishing
18
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Hart Publishing • Competition Law
Competition Law
European State Aid Law
Text, Cases and Materials
A Commentary
Valentine Korah & Ioannis Lianos
Edited by Franz Jürgen Säcker & Frank Montag
The fourth edition of this book, now co-authored by
Ioannis Lianos, includes substantially more material
on UK competition law and on the economics
of competition. Another new feature is greater
introductory and analytical commentary, making this
book suitable for use either as a stand-alone text and
materials book, or as a book of materials to be used
in conjunction with a second text. It will continue to
be one of the best books for students coming to competition law for the first
time. The materials have been completely updated to take into account recent
developments in EU competition law, including extracts from the leading cases
of Consorzio Industries, British Airways v Commission, Microsoft Corp v Commission,
Deutsche Telekom AG v Commission, and Bertelsmann AG/Sony Corporation of
America v IMP (Impala).
The bulk of the text is made up of extracts from Commission Decisions, Opinions
of the Advocates General at the Court of Justice of the European Union (CJEU)
and judgments of the CJEU and General Court. These are supplemented by
extracts from EU legislation, and comments, notes and questions prepared by the
authors.
Valentine Korah is Professor Emeritus of Competition Law and Ioannis Lianos is the City
Solicitors Educational Trust Reader in European Union Law, both at University College,
London.
The regulation of State Aid belongs to the core areas of
European Union law. Without the general prohibition of
state subsidies to undertakings, competitiveness would
be distorted and the benefits of the internal market
would be put in jeopardy. This book deals systematically
article-by-article with the basic principles, the
proceedings, and the implementation of State Aid law
as laid down in Articles 107 to 109 TFEU, as well as the
general block exemptions regulation (Regulation No 800/2008) and the Council
Regulation ((EC) No 659/1999) laying down detailed rules for the application of
Article 93 TEC. Further, this commentary deals in detail with the rules regulating
State Aid in specific sectors such as telecommunication, postal services, broadcast
and television, energy/coal, banking, railroads, road transport, shipping, air
traffic/airports, the automotive industry, shipbuilding, steel, housing, agriculture,
fisheries, culture/tourism/sport and health.
Franz Jürgen Säcker is Professor of Civil Law at the Free University of Berlin and director of
the Institute for German and European Business, Competition and Regulatory Law, Berlin.
Frank Montag is an antitrust, competition and trade partner in the Brussels office of
Freshfield Bruckhaus Deringer.
June 2016 • 800 pages
Hardback • 9781849461900 • £325 / $559
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
October 2016 • 912 pages
Paperback • 9781849460798 • £35 / $60
Hart Publishing
European Competition Law
Annual 2013
Effective and Legitimate Enforcement of
Competition Law
Edited by Philip Lowe, Mel Marquis & Giorgio
Monti
This new volume contains papers presented at the 18th
Annual EU Competition Law and Policy Workshop. The
papers examine means of balancing effective (public)
competition law enforcement and the requirements
of legitimate and accountable exercise of public authority. The authors address
the design and performance of various enforcement tools at European and
national levels, including sanctions and remedies but also distinctive instruments
under Regulation 1/2003 (eg commitment procedures) and under the Treaty on
the Functioning of the European Union (Article 106(3) when used as a basis for
infringement procedures). From the perspective of legitimacy, reflections focus
on the implications of fundamental rights standards and general principles of
law for the EU’s complex and quasi-federal enforcement architecture. Issues that
may sometimes escape judicial scrutiny are also discussed, such as how agencies
prioritise their activities, and how investigation responsibilities are distributed
within the European Competition Network. Effectiveness and legitimacy are then
considered in the context of public enforcement cooperation beyond the EU,
where international organisations, regional cooperation and a range of formal and
informal modes of governance prevail.
Philip Lowe is a Non-Executive Director of the UK Competition and Markets Authority.
Mel Marquis is Part-time Professor of Law at the European University Institute in Florence
and Professore a contratto at LUMSA University in Rome.
Giorgio Monti is Professor of Competition Law at the European University Institute.
The Competitive Effects of
Minority Shareholdings
Legal and Economic Issues
Panagiotis Fotis & Nikolaos Zevgolis
The objective of this book is twofold. Firstly, it presents
the economics of minority shareholdings, under both
merger and antitrust law. In particular, economic
analysis provides both an overall assessment of minority
shareholdings in the context of concentrations, and
Articles 101 and 102 TFEU and the examination of
the link between non-controlling minority shareholdings, merger control and
antitrust law.
Secondly, the book also provides a legal assessment and an analysis of selected
case law. According to settled European case law, minority shareholdings are
analysed not only under Regulation 139/2004, but also under Articles 101 and
102 TFEU. Nevertheless, according to current enforcement practice at European
and international levels, several national competition authorities have adopted
different approaches. The million dollar question is whether the existing
regulatory framework is sufficient to cover all possible cases.
In summary, the book will be a useful tool for students, practitioners, researchers,
economic and legal experts and competition authorities. It provides a
comprehensive survey of the subject, which has been missing until now and
answers many questions that have been raised in the literature in the last
decades.
Panagiotis Fotis and Nikolaos Zevgolis are both Commissioners of the Hellenic
Competition Commission.
March 2016 • 400 pages
Hardback • 9781849465342 • £85 / $129
Series: Hart Studies in Competition Law • Hart Publishing
March 2016 • 688 pages
Hardback • 9781849467452 • £130 / $224
Series: European Competition Law Annual • Hart Publishing
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19
Computer and Internet Law
Law, Policy and the Internet
Reconstituting Internet
Normativity
Edited by Lilian Edwards
This comprehensive textbook by the editor of Law and
the Internet seeks to provide students, practitioners
and businesses with an up to date and accessible
account of the key issues in internet law and policy
from a European and UK perspective. The internet has
advanced in the last twenty years from an esoteric
interest to a vital and unavoidable part of modern
work, rest and play. As such, an account of how the
internet and its users are regulated is vital for everyone
concerned with the modern information society. This book also addresses the fact
that internet regulation is not just a matter of law but increasingly intermixed with
technology, economics and politics. Policy developments are closely analysed as
an intrinsic part of modern governance. The book will focus on three key areas;
e-commerce, including the role and responsibilities of online intermediaries such
as Amazon, Google, and Facebook; privacy and data protection and crime online.
Lilian Edwards is Professor of E-Governance at the University of Strathclyde Law School.
March 2017 • 448 pages
Paperback • 9781849467032 • £35.99 / $62
Hart Publishing
The Role of State and Private Actors, Global
Online Community in the Production of
Legal Norms
Dimitrios Koukiadis
Can we have legitimate internet law without State
institutions and authorities? What principles and criteria
should be taken into consideration in producing
internet’s legal rules? Who should be the author of
internet’s normativity? Principles such as the “Rule of Law”, Representation,
Legitimacy, Transparency, Accountability do not seem any more to play an
important role in producing online rules and norms, and fundamental rights
such as protection of personality, personal data protection, informational selfdetermination have acquired a lesser importance in the internet environment.
Instead, concepts such as “Lex Digitalis”, “Transnationalisation of Law”, “Global
law without the State”, have obtained the leading role in the internet regulation
debate and in a perspective meta–Statal legal order. Different legal regimes
created on the principles of self-regulation, decentralization, heterarchical social
peripheries have corroded the understanding of Law and Constitution as an
“Entity”. Can such a legal order be viable, coherent, and legitimate?
Dimitrios Koukiadis is Adjunct Professor of Comparative and European Union Law at the
JW Goethe University Frankfurt.
June 2015 • 374 pages
Paperback • 9781782258438 • £92 / $158
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Constitutional and Administrative Law
Landmark Cases in Public Law
Public Law Adjudication in
Common Law Systems
Edited by Satvinder Juss & Maurice Sunkin
Landmark Cases in Public Law answers the need for
an historical examination of the leading cases in this
field, an examination which is largely absent from the
standard textbooks and journal articles of the day.
Adopting a contextualised historical approach this
collection of essays by leading specialists in the field
provides both an explanation of the importance and
impact of the chosen decisions, as well as doctrinal
analysis. This approach enables each author to
throw light on what were the driving forces behind the judicial outcomes, and
shows how the final reasoning of the court was ultimately as much dependent
upon such human factors as the attitudes, conduct, and personalities of the
parties, their witnesses, their counsel, and the judges, as the drive to seek legal
realignment with the political developments which were widely perceived to be
taking place. In this way, this form of analysis provides an exposition of the true
stories behind the Landmark Cases in Public Law.
Satvinder Juss is a Professor of Law at the Dickson Poon School of Law, King's College
London.
Maurice Sunkin is Professor of Public Law at the University of Essex.
March 2017 • 328 pages
Hardback • 9781849466035 • £60 / $103
Series: Landmark Cases • Hart Publishing
Process and Substance
Edited by John Bell, Mark Elliott, Jason NE
Varuhas & Philip Murray
This volume arises from the inaugural Public Law
Conference hosted in September 2014 by the University
of Cambridge, which brought together leading public
lawyers from different common law jurisdictions,
providing for the first time a comparative analysis of
process and substance in public law adjudication in common law systems.
The majority of the chapters consider topical issues in judicial review. Chapters
adopting a theoretical perspective explore the trend towards conceptualising
administrative law in terms of ‘public reason’; elaborate a values-based framework
for analysing administrative law; and propound a public interest conception of
public law. Chapters adopting a contextual or empirical approach consider the
impact of public law adjudication on government, and governmental responses
to judicial decisions. Other chapters consider how procedure and substantive
law have interacted historically in the field of judicial review. Concluding chapters
reflect generally on the papers in the collection and the value of facilitating crossjurisdictional dialogue.
John Bell is Professor of Law and Mark Elliott is Professor of Public Law at the University of
Cambridge. Jason NE Varuhas is Associate Professor at the University of Melbourne.
Philip Murray is a former Fellow in Law at St John’s College, Cambridge.
March 2016 • 448 pages
Hardback • 9781849469913 • £75 / $129
Hart Publishing
20
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Hart Publishing • Constitutional and Administrative Law
Access to Justice and Legal Aid
Securing Legality
Comparative Perspectives on Unmet Legal
Need
Liora Lazarus
Edited by Asher Flynn and Jacqueline Hodgson
This book brings together the perspectives of a range
of interdisciplinary British and Australian socio-legal
scholars, legal practitioners, cross-sector stakeholders
and advocates, with recognised expertise in criminal,
civil and family law, legal aid and access to justice. The
book will consider how access to justice is affected by
restrictions to legal aid budgets and increasingly prescriptive service guidelines,
which are a controversial and hotly contested part of the contemporary global
legal landscape. As common law jurisdictions, England and Wales, and Australia,
share common ideals, policies and practices. Yet, they also differ in aspects of their
legal and political culture, in the nature of the communities they serve, and in the
approaches adopted by their respective judiciaries. They provide us with different
perspectives on access to justice and how we might seek to overcome the crisis
in unmet legal need. The book fills an important gap in existing scholarship as the
first edited collection to bring together new empirical and theoretical knowledge
examining different justice responses to legal aid crises in these jurisdictions in
both domestic and comparative contexts, across the realms of criminal, civil and
family law. It achieves this by examining the broader social, political, legal, health
and welfare impacts of legal aid cuts and prescriptive service guidelines.
Asher Flynn is Senior Lecturer in Law in the Faculty of Arts in Monash University.
Jacqueline Hodgson is Professor of Law in the School of Law in the University of Warwick.
Drawing on theoretical, legal and policy material,
Securing Legality seeks to develop a robust normative
framework in which to understand the relationship
between security, the rule of law and human rights. The
book challenges the entrenched dichotomy, commonly
invoked by activists, analysts and scholars, of the rule
of law and human rights on the one hand and security
on the other. It argues that security actors often fail
adequately to grasp the role of law and legal legitimacy
in their conceptions of security, while guardians of legality too easily overlook the
intrinsic and explicit role that security plays in our conception of the rule of law
and human rights.
At the same time Securing Legality warns against the risk of ‘securitising law’,
a process whereby the rule of law and human rights is increasingly viewed
through the narrow lens of security. The book seeks to re-conceptualise the
relationship between law and security, arguing that the concept of security
should concern not only the safety of society, but also the value of its broader
social arrangements.
Liora Lazarus is an Associate Professor in Law at the University of Oxford, Member of the
Centre for Criminological Research and a Fellow of St Anne's College.
December 2016 • 178 pages
Hardback • 9781849466301 • £35 / $60
Series: Hart Studies in Security and Justice • Hart Publishing
February 2017 • 304 pages
Hardback • 9781509900848 • £55 / $110
Hart Publishing
Parliament
Legislation and Accountability
Lord Sumption and the Limits
of the Law
Edited by NW Barber, Richard Ekins & Paul Yowell
In Lord Sumption and the Limits of the Law, leading
public law scholars reflect on the nature and limits of
the judicial role and its implications for human rights
protection and democracy. The starting point for this
reflection is Lord Sumption’s lecture, ‘The Limits of
the Law’, which grounds a wide-ranging discussion
of questions including the scope and legitimacy of
judicial law-making, the interpretation of the European
Convention on Human Rights, and the continuing significance and legitimacy,
or otherwise, of the European Court of Human Rights. Lord Sumption ends the
volume with a substantial commentary on the responses to his lecture.
NW Barber is a Fellow of Trinity College, Oxford; Richard Ekins is a Fellow of St John’s
College, Oxford; and Paul Yowell is a Fellow of Oriel College, Oxford.
February 2016 • 248 pages
Hardback • 9781849466943 • £50 / $86
Hart Publishing
Edited by Alexander Horne & Andrew Le Sueur
This collection of essays by leading academics,
lawyers, parliamentarians and parliamentary officials
provides a critical assessment of the UK Parliament's
two main constitutional roles – as a legislature and as
the preeminent institution for calling government to
account. Both functions are undergoing change and
facing new challenges. Part 1 (legislation) includes
chapters on Parliament's emerging responsibilities
for pre-legislative scrutiny of government bills and for evaluating proposed
legislation against explicit constitutional standards. The impact on legislation
of the European Union and the growing influence of the House of Lords are
also examined. Part 2 (accountability) investigates how Parliament operates
to scrutinise areas of executive action previously often shielded from effective
parliamentary oversight, including: national security, war-making powers and
administrative justice. There are also chapters on parliamentary reform, including
analysis of the House of Commons 'Wright reforms'; parliamentary sovereignty,
privilege and the European Convention on Human Rights; Euroscepticism and
parliamentary sovereignty and the regulation of lobbyists.
The book will be of interest to anyone who is curious about the work of
Parliament and is aimed at legal academics, practitioners and political scientists.
Alexander Horne is Deputy Legal Adviser to the Joint Committee on Human Rights of the
United Kingdom Parliament and a teaching fellow at University College London.
Andrew Le Sueur is Professor of Constitutional Justice, University of Essex.
May 2016 • 304 pages
Hardback • 9781849467162 • £70 / $120
Series: Hart Studies in Constitutional Law • Hart Publishing
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21
Hart Publishing • Constitutional and Administrative Law
The History of Parliamentary
Procedure
Edited by Paul Evans
The 8th of February 2015 marked the 200th anniversary
of Thomas Erskine May's birth, the most famous holder
of the office of the Clerk of the House of Commons. This
volume celebrates that event. Bringing together current
Clerks in the House of Commons and outside experts,
the authors analyse May’s profound contribution to
the shaping of the modern House of Commons as it
made the transition in his lifetime from the pre-Reform
Act House to the modern core of the UK’s constitutional democracy, symbolised
perhaps from its enforced transition between 1834 and 1851 from a mediaeval
slum to the World Heritage Palace of Westminster which is the most iconic
building in the UK. It constitutes the first sustained analysis of the development of
parliamentary procedure in over half a century, attempting to situate the reforms
in the way the central institution of our democracy conducts itself in the political
contexts which drove those changes.
Paul Evans is Principal Clerk of the Table Office at the House of Commons in Parliament,
Westminster.
March 2017 • 368 pages
Hardback • 9781509900206 • £80 / $160
Series: Hart Studies in Constitutional Law • Hart Publishing
Parliament’s Secret War
The Codes of the Constitution
Andrew Blick
For a number of decades, officials working across
different branches of the United Kingdom (UK)
constitution have been engaged in a series of
separate projects that, taken in their totality, amount
to an astounding feat of constitutional writing and
publication. Yet, until now, no-one has fully recognised
or critically analysed what has taken place. There has
been a proliferation in the UK of publicly available
codes, normally lacking a basis in statute, providing
official accounts of a variety of different features of UK constitutional rules and
principles. They cover institutions ranging from the Cabinet to the Civil Service
to the judiciary, and relationships between entities such as central government
and the devolved executives; and between the UK executive and the Westminster
Parliament. Among them are prominent texts such as the Ministerial Code, the
Cabinet Manual, the Guide to Judicial Conduct and the devolution Memorandum
of Understanding – as well as more obscure documents that nonetheless
contain important stipulations regarding the operation of the system. Similar
developments have taken place in countries including Australia, Canada and New
Zealand. The author explores the history of this phenomenon in the UK, how it
functions today here and elsewhere in the Commonwealth, and its implications
for the UK constitution.
Andrew Blick is Lecturer in Politics and Contemporary History at King's College London.
July 2016 • 224 pages
Hardback • 9781849466813 • £60 / $103
Series: Hart Studies in Constitutional Law • Hart Publishing
Veronika Fikfak & Hayley J Hooper
Since the Iraq War in 2003 and the Conservative-Liberal
Democrat Coalition Government’s failure to command
the support of the House of Commons for military
intervention in Syria in 2013 there has been increased
interest in how Parliament is involved in decisions to
go to war. For much of the media and civil society
the House of Commons’ involvement represents
a wresting of power from the Executive by a more
legitimate, democratic institution. Moreover, it has
also been suggested that the consultation of the House of Commons before the
commencement of hostilities represents an emerging constitutional convention.
This monograph offers a critical inquiry into the current arrangements around
the operation of the war prerogative. In doing so, it offers the first in-depth
conceptual analysis of the nature of the British Parliament’s role in respect of
the war prerogative. The book is the first rigorous attempt to classify, explain,
and evaluate parliamentary engagement with war powers in the twentieth and
twenty-first centuries. It reveals that the constitutional functions of Parliament
are being frustrated by lack of access to relevant information, a practice which is
usually justified by the Executive on the basis that providing relevant materials
in open parliamentary sessions would be damaging to national security or
international relations.
Veronika Fikfak is a Fellow and Lecturer in Law and Hayley J Hooper is a Junior Research
Fellow, both at Homerton College, Unviersity of Cambridge.
November 2016 • 272 pages
Hardback • 9781509902873 • £55 / $94
Series: Hart Studies in Security and Justice • Hart Publishing
The Inquest Book
The Law of Coroners and Inquests
Edited by Caroline Cross & Neil Garnham
Coronial Law is an area that attracts great public
scrutiny, reflected in the recent establishment of the
office of Chief Coroner, and the number of Judges of
the High Court and the Court of Appeal made deputy
assistant coroners to particularly sensitive inquests. It
is also an area of law that has changed significantly in
recent years since the new Coroners and Justice Act
2009 came into force in 2013.
This book provides practitioners with an up-to-date and comprehensive guide
to the law of coroners and inquests. Written by barristers practising in the field,
it addresses changes to the structure and jurisprudence of coroners’ courts in a
straightforward, accessible manner. The book is helpfully structured according to
the elements of an inquest or the subject matter of a coroner’s investigation. Each
chapter provides an overview of the legal issues, statutory material and other
sources of guidance, followed by case summaries and extracts where the relevant
issues are discussed. In addition there are useful appendices of relevant materials,
including applicable legislation and the Chief Coroner’s Guidance. The book is an
essential companion for practitioners of coronial law, indispensable to novices
and seasoned practitioners alike.
Caroline Cross is a barrister at 1 Crown Office Row.
Sir Neil Garnham is a High Court judge sitting in the Queen’s Bench Division.
June 2016 • 592 pages
Hardback • 9781849466493 • £150 / $258
Hart Publishing
22
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Hart Publishing • Constitutional and Administrative Law
Territorial Pluralism in Europe
Vertical Separation of Powers in the EU and
its Member States
Nikos Skoutaris
The Constitution of the United
Kingdom
A Contextual Analysis
Peter Leyland
Governmental powers can be apportioned vertically at
different levels. Five levels of vertical government are
distinguishable, moving from purely local to the truly
global: (1) local, ie municipal or citywide; (2) substateregional (3) State; (4) supranational, eg the European
Union; (5) and arguably global eg the WTO and the UN.
This book focuses on levels (2) (3) and (4). It intends to analyse the interaction of
the constitutional and political orders of EU Member States that exhibit varying
degrees of territorial pluralism, their sub-state entities and the supranational
organisation to which they belong. It does so by comparing the division of
competences for internal policies but also for external affairs, the various models
of fiscal federalism and the different systems for the effective protection of
individual and collective rights within various European multi-level constitutional
orders. Following a functional method of comparative constitutional law, on
which the ERC-funded European and National Constitutional law project is based,
the current book provides for an important study of the application of the federal
principle within the European constitutional space.
Nikos Skoutaris is Lecturer of EU Law at the University of East Anglia and a Visiting Senior
Research Fellow at the European Institute, London School of Economics and Political
Science.
November 2016 • 344 pages
Hardback • 9781849463867 • £65 / $112
Series: European and National Constitutional Law Series • Hart Publishing
This acclaimed book provides a topical and contextual
outline of the principles, doctrines and institutions
that underpin the United Kingdom constitution. The
third edition has been comprehensively updated to
take account of recent constitutional developments
and debates. These include: the revised framework
for devolution following the 2014 referendum in Scotland, the constitutional
ramifications of the realignment of UK politics after the 2015 general election and
the debate over the possible replacement of the Human Rights Act 1998 with a
British Bill of Rights.
The chapters are written in sufficient detail for anyone coming to the subject for
the first time to develop a clear and informed view of how the constitution is
arranged and how it operates. The main themes include: discussion of the history,
sources and conventions of the constitution; constitutional principles; the role of
the Crown; Parliament and the electoral system; government and the executive;
the constitutional role of courts including the protection of human rights; the
territorial distribution of power between central, devolved and local government;
and the European Union dimension. In addition, the book offers analysis of
the evolution of the uncodified UK constitution, its strengths and perceived
weaknesses, and of reforms aimed at its modernisation.
Peter Leyland is Professor Emeritus at London Metropolitan University.
May 2016 • 288 pages
Paperback • 9781849469074 • £15.99 / $27.95
Series: Constitutional Systems of the World • Hart Publishing
The Constitution of Taiwan
A Contextual Analysis
The Constitution of Romania
Jiunn-rong Yeh
In addition to the economic miracle, with surprising
growth in the 1970s and 1980s, Taiwan has further
shown the world two others. One is the democratic
miracle which brought about a silent revolution from
notorious authoritarian regime to full democracy in
Asia. Intertwined with that miracle is the constitutional
one, in which political reform was undertaken in a
constitutional manner and through constitutional
means. Indeed, Taiwan’s transition to democracy was made possible by
incremental constitutional revisions, courts responsive to changing dynamics,
and a civil society engaged in the project of constitutional transformation. These
changes ushered in the unprecedented development of a transitional and
transnational constitutionalism.
This volume seeks to explain the drivers and context of these constitutional
transformations. Democratisation, indigenisation and globalisation all drove the
transformation of an externally imposed constitution into an internally embraced,
vibrant constitution. The changes analysed in this volume include institutional
shifts from a cabinet system to a semi-presidential one; from three parliaments
to one; from manipulated central-local relations to a functional federalism; from
a Constitutional Court that merely rubber-stamped to one that is responsive and
supports social and political dialogues. More importantly, this volume details how
a short list of constitutional rights has been transformed to a burgeoning rightsbased discourse engaged by civil society.
Jiunn-rong Yeh is University Chair Professor at College of Law, National Taiwan University.
March 2016 • 288 pages
Paperback • 9781849465120 • £24.99 / $45.99
Series: Constitutional Systems of the World • Hart Publishing
A Contextual Analysis
Bianca Selejan-Gutan
Romania was the last Eastern European communist
country to break with the most powerful dictatorship
in the region, in December 1989. It has struggled ever
since to overcome the transition to democracy and to
become a 'full-time' member of the Western democratic
community of states. This book provides a contextual
analysis of the Romanian constitutional system, with
references to the country’s troubled constitutional
history and to the way in which legal transplantation has been used. The
Constitution’s grey areas, as well as the gap between the written constitution
and the living one, will also be explained through the prism of recent events
which cast a negative shadow upon the democratic nature of the Romanian
constitutional system.
The first chapters present a brief historical overview and an introduction to
Romanian constitutional culture, as well as the principles and general features
of the 1991 Constitution. The next chapters explain the functioning of the
institutions and their interrelations – Parliament, the President, the Government
and the courts. The Constitutional Court has a special place in the book, as
well as local government and the protection of fundamental rights. The last
chapter refers to the mechanisms and challenges of constitutional change and
development.
Bianca Selejan-Gutan, PhD, is Professor of Constitutional Law and Human Rights Law at
the Faculty of Law, 'Lucian Blaga' University of Sibiu.
March 2016 • 296 pages
Paperback • 9781849465137 • £24.99 / $52
Series: Constitutional Systems of the World • Hart Publishing
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23
Hart Publishing • Constitutional and Administrative Law
The Constitutional Systems of
the Independent Central Asian
States
A Contextual Analysis
Scott Newton
This book undertakes the first comparative
constitutional analysis of the Kyrgyz Republic and
Republics of Kazakhstan, Turkmenistan, Uzbekistan
and Tajikistan in their cultural, historical, political,
economic and social context. The first chapter provides a general overview of
the diverse and dynamic constitutional landscape across the region. A second
chapter examines the Soviet constitutional system in depth as the womb of
the Central Asian States. A third chapter completes the general picture by
examining the constitutional influences of the ‘new world order’ of globalisation,
neoliberalism, and good governance into which the five states were thrust. The
remaining five chapters look in turn at the constitutional context of presidents
and governments, parliaments and elections, courts and rights, society and
economy and culture and identity. The enquiry probes the regional patterns
of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony
capitalism, and constraints on association, as well as the counter-tendencies that
strengthen democracy, rights protection and pluralism. It reveals the Central
Asian experience to be emblematic of the principal issues and tensions facing
contemporary constitutional systems everywhere.
Scott Newton has held the Laws of Central Asia post at SOAS since 1999. Over 20 years
he has lived, worked, and conducted research in all five countries that are the subject of
this volume.
September 2016 • 244 pages
Paperback • 9781849462501 • £24.99 / $43
Series: Constitutional Systems of the World • Hart Publishing
The Constitution of Pakistan
A Contextual Analysis
Sadaf Aziz
This volume provides a contextual account of Pakistan’s
constitutional laws and history. It aims to describe the
formal structure of government in reference to origins
that are traced to the administrative centralization and
legal innovations of colonial rule. It also situates the tide
of Muslim nationalism that gave rise to the nation of
Pakistan within a terrain of nascent constitutionalism
and its associated promises of representation. The
post-colonial history of the Pakistani state is charted by reference to succeeding
constitutions and the distribution of powers between the major branches of
government that they augured. Where conventional histories often suggest that
constitutionalism in Pakistan is to be solely understood by reference to a cycle
of abidance and rupture and in the oscillation between military and civilian rule,
this volume also accounts for the many points of continuity between regime
types. The contours of a broader constitutionalism come to light in the ways in
which state power is wielded at different periods and in the range of contests
- economic, political and cultural - through which some of this power is sought
to be dispersed. Chapters on Rights, Federalism and Islam detail the contextual
features of some of these contests and the normative, legal parameters through
which they are provisionally settled.
Sadaf Aziz is Assistant Professor in the Shaikh Ahmed Hassan School of Law at Lahore
University of Management Sciences (LUMS).
November 2016 • 216 pages
Paperback • 9781849465861 • £17.95 / $36
Series: Constitutional Systems of the World • Hart Publishing
Access to Justice
The Constitution of Chile
Beyond the Policies and Politics of Austerity
A Contextual Analysis
Edited by Ellie Palmer, Tom Cornford, Yseult
Marique & Audrey Guinchard
Javier Couso
This book provides a critical introduction to Chile’s
constitutional system, covering its key elements,
including an account of its historical origins; the
structure of the different branches of government;
the way the fundamental rights are recognized
and guaranteed; and the recent judicialisation of
politics experienced by the country. Furthermore,
the volume addresses three crucial themes of Chile's
constitutionalism that have received little scholarly attention. First, the early
development of a constitutional state –toward the mid nineteenth century— in
a region then plagued with state-formation problems, civil war, and authoritarian
regimes. Second, the irruption of a military dictatorship that lasted seventeen
years (1973-1990) in a country that had achieved a decades-old constitutional
democracy. And third, the persistent lack of legitimacy of the Constitution of
1980, after more than a quarter of a century during which it governed what was
generally considered to be a successful transition to democracy, following the
dictatorial regime of General Augusto Pinochet.
Javier Couso is Professor of Constitutional Law at Universidad Diego Portales (Chile), and a
member of the International Academy of Comparative Law.
March 2017 • 204 pages
Paperback • 9781849465366 • £17.95 / $36
Series: Constitutional Systems of the World • Hart Publishing
24
Building on a series of ESRC funded seminars, this
edited collection of expert papers by academics and
practitioners is concerned with access to civil and
administrative justice in constitutional democracies,
where, for the past decade governments have
reassessed their priorities for funding legal services:
embracing ‘new technologies’ that reconfigure the
delivery and very concept of legal services; cutting legal aid budgets; and
introducing putative cost-cutting measures for the administration of courts,
tribunals and established systems for the delivery of legal advice and assistance.
Without underplaying the future potential of technological innovation, or the
need for a fair and rational system for the prioritisation and funding of legal
services, the book questions whether the absolutist approach to the dictates of
austerity and the promise of new technologies that have driven the Coalition
Government's policy, can be squared with obligations to protect the fundamental
right of access to justice, in the unwritten constitution of the United Kingdom.
Ellie Palmer is a Professor of Law and Tom Cornford, Yseult Marique and Audrey
Guinchard are Senior Lecturers in Law, all at the University of Essex.
January 2016 • 336 pages
Hardback • 9781849467346 • £50 / $86
Hart Publishing
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Hart Publishing • Constitutional and Administrative Law
Constitutionalism and Legal
Change in Myanmar
Globalisation, Law and the
State
Andrew Harding
Jean-Bernard Auby
Myanmar’s Constitution of 2008 was the ‘road map’
for the reform process that began in 2011. Despite
extensive criticism of this Constitution for its rigidity and
its emphasis on the role of the military, much progress
has been made towards constitutional government
and law reform. In November 2015 the general election
led to an overwhelming victory for the National
League for Democracy, led by Daw Aung San Suu Kyi.
This opens the possibility of entrenching and advancing constitutionalism in
Myanmar.
Many issues arise now for constitutionalism and constitutional change: the
presidency; federalism and territorial governance; the status of minorities and
freedom of religion; civil liberties in what is described as a ‘discipline-flourishing
democracy’; the courts, justice and the rule of law; the electoral system; and
many more. This book is an attempt to gauge the extent and potential for
the entrenchment of constitutionalism in Myanmar in a rapidly changing
environment. To what extent has constitutionalism been embraced and what are
the prospects for constitutional change?
Andrew Harding is Professor of Law at the National University of Singapore.
October 2016 • 224 pages
Hardback • 9781849467902 • £55 / $95
Hart Publishing
Jean-Bernard Auby is Full Professor, and Director of the Center on Changes in Governance
and Public Law, at Sciences Po, Paris.
February 2017 • 128 pages
Hardback • 9781509903528 • £40 / $69
Hart Publishing
World English
Administrative Law and
Judicial Deference
Matthew Lewans
In recent years, the question whether judges should
defer to administrative decisions has attracted
considerable interest amongst public lawyers
throughout the common law world. This book
examines how the common law of judicial review has
responded to the development of the administrative
state in three different common law jurisdictions – the
United Kingdom, the United States of America and
Canada – over the past one hundred years. This comparison demonstrates that
the idea of judicial deference is a valuable feature of modern administrative law,
because it gives lawyers and judges practical guidance on how to negotiate the
constitutional tension between the democratic legitimacy of the administrative
state and the judicial role in maintaining the rule of law.
Matthew Lewans is an Asssociate Professor at the Faculty of Law, University of Alberta.
January 2016 • 272 pages
Hardback • 9781849462778 • £60 / $103
Series: Hart Studies in Comparative Public Law • Hart Publishing
This book identifies economic, political and cultural
dimensions of globalisation to analyse challenges
to State-centric and territorial models of law and
governance. It considers how global legal norms are
formed, how they enmesh with the norms of other
legal orders, and how they create pressure for legal
harmonisation. This in turn leads to an analysis of the
challenges that globalisation presents to traditional
notions of sovereignty and models of public law. While some of the themes
addressed here will be familiar to students of the European process, the book
provides a clear insight into how sovereign States and their legal orders are
diminishing and being replaced by a more fluid system of intersecting orders
and norms. This is followed by analysis of the theory and practice of globalisation
of law, and suggesting that the workings of law in the global era can be best be
conceived of in terms of networks that link together a range of actors that exist
above, below and within the State, as well as on either side of the public-private
divide. The whole is an immensely valuable, innovative and concise study of
globalisation and its effect on law and the state.
Soft Law and Public Authorities
Remedies and Reform
Greg Weeks
This book considers the phenomenon of soft law
employed by domestic public authorities. Lawyers have
long understood that public authorities are able to issue
certain communications in a way that causes them
to be treated like law, even though these are neither
legislation nor subordinate legislation. Importantly
for soft law as a regulatory tool, people tend to treat
soft law as binding even though public authorities
know that it is not. It follows that soft law’s ‘binding’ effects do not apply equally
between the public authority and those to whom it is directed. Consequently, soft
law is both highly effective as a means of regulation, and inherently risky for those
who are regulated by it. Rather than considering soft law as a form of regulation,
this book examines the possible remedies when a public authority breaches its
own soft law upon which people have relied, thereby suffering loss. It considers
judicial review remedies, modes of compensation which are not based upon
a finding of invalidity, namely tort and equity, and ‘soft’ challenges outside the
scope of the courts, such as through the Ombudsman or by seeking an ex gratia
payment.
Greg Weeks is Senior Lecturer in the Faculty of Law, University of New South Wales.
February 2016 • 320 pages
Hardback • 9781782256885 • £60 / $103
Series: Hart Studies in Comparative Public Law • Hart Publishing
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25
Hart Publishing • Constitutional and Administrative Law
The Dynamics of Exclusionary
Constitutionalism
Israel as a Jewish and Democratic State
The Protection of Legitimate
Expectations in Administrative
Law
Mazen Masri
A Comparative Study
What does Israel’s definition as a ’Jewish and
democratic’ state mean? How does it affect
constitutional law and the people living in Israel? This
book provides a unique and detailed examination
of the consequences of the ‘Jewish and democratic’
definition. It seeks to explore how the definition affects
the internal ordering of the state, the operation of the law, and the ways it is used
to justify, protect and regenerate certain features of Israeli constitutional law.
The book offers a novel perspective on the Jewish and democratic definition
rooted in constitutional theory and informed by a socio-legal approach. Relying
on a wide range of secondary sources, as well as a significant number of court
cases and statutes, the book argues that the definition is deeply embedded in
the constitutional structure in different ways, and operates, as a matter of law, in a
manner that concentrates political power in the hands of the Jewish citizens and
excludes the Arab citizens in Israel from the process of exercising political power.
The book is a timely intervention in an increasingly important question, and
is essential reading for those who want to understand Israel’s character, its
relationship with the constitutional order, and its impact on society.
Mazen Masri is Lecturer in Law at City Law School in the University of London.
December 2016 • 208 pages
Hardback • 9781509902538 • £55 / $110
Series: Hart Studies in Comparative Public Law • Hart Publishing
Principled Reasoning in
Human Rights Adjudication
Edited by Anneken Kari Sperr & Diana
Hohenlohe-Oehringen
The protection of legitimate expectations appears to
be a key concept of administrative law in Europe; it
defines the legal position of the individual vis-à-vis
the public authorities and is, thus, a gateway for constitutional considerations in
administrative law.
The book presents the results of a comparative research project dealing with
the question if, to what extent, and in which ways the legitimate expectations of
private parties are considered in procedures leading to a primary administrative
decision and, where available, in subsequent review procedures before
administrative, judicial or quasi-judicial bodies. Furthermore, the project examines
if, and to what extent, European and national legal orders, as well as international
legal regimes, guarantee compensation in cases where provisions concerning the
protection of legitimate expectations have been disregarded.
The contributions to the book, including surveys of the theoretical and
philosophical background, country reports and comparative analyses, are written
by scholars from 16 European countries, giving an insight into the various legal
systems, their understanding of, and their methods of interpreting and applying,
administrative law.
Anneken Kari Sperr is Associate Professor at the Faculty of Law, University of Bergen.
Diana Hohenlohe-Oehringen is Senior Research Fellow at the Max Planck Institute for
Comparative Public Law and International Law in Heidelberg.
March 2017 • 474 pages
Hardback • 9781849465410 • £75 / $129
Series: Hart Studies in Comparative Public Law • Hart Publishing
Se-shauna Wheatle
Implied constitutional principles form part of the
landscape of the development of fundamental rights
in common law jurisdictions, affecting issues ranging
from the remuneration of judges to the appropriation
of property by the state. Principled Reasoning in Human
Rights Adjudication offers thematic analysis of the
use of the implied constitutional principles of the
rule of law and separation of powers in human rights
cases. The book examines the functions played by those principles in rights
adjudication in Australia, Canada, the Commonwealth Caribbean and the United
Kingdom. It argues that a complete understanding of implied constitutional
principles requires thorough analysis of the sources and methods of implication
and of the specific roles played by such principles in the adjudicative process.
By disaggregating particular functions and placing those functions within their
respective institutional contexts, the book develops an understanding of the
features of cases in which implied constitutional principles are invoked and the
work done by those principles.
Se-shauna Wheatle is Research Associate in Public Law in the Durham Law School,
University of Durham.
March 2017 • 224 pages
Hardback • 9781782259817 • £60 / $120
Series: Hart Studies in Comparative Public Law • Hart Publishing
Legitimate Expectations in the
Common Law World
Edited by Matthew Groves & Greg Weeks
The recognition and enforcement of legitimate
expectations by courts has been a striking feature
of English law since R v North and East Devon Health
Authority; ex parte Coughlan [2001] 3 QB 213. Although
the substantive form of legitimate expectation adopted
in Coughlan was quickly accepted by English courts
and received a generally favourable response from
public law scholars, the doctrine of that case has
largely been rejected in other common law jurisdictions. The central principles
of Coughlan have been rejected by courts in common law jurisdictions outside
the UK for a range of reasons, such as incompatibility with local constitutional
doctrine, or because they mark an undesirable drift towards merits review.
The sceptical and critical reception to Coughlan outside England is a striking
contrast to the reception the case received within the UK. This book provides a
detailed scholarly analysis of these issues and considers the doctrine of legitimate
expectations both in England and elsewhere in the common law world.
Matthew Groves is Professor of Law at the Faculty of Law, Monash University.
Greg Weeks is Senior Lecturer in the Faculty of Law, University of New South Wales.
September 2016 • 240 pages
Hardback • 9781849467780 • £55 / $94
Hart Publishing
26
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Hart Publishing • Constitutional and Administrative Law
Reconstructing Judicial Review
Sarah Nason
This book reconstructs judicial review in England
and Wales by examining the purposes and values
that judicial review serves and empirical ‘social’ facts
about Administrative Court practice. It argues that
existing interpretations of judicial review do not
provide the best fit with its practice or with the range
of purposes it performs. It offers an original taxonomy
of judicial review, including six grounds: mistake,
procedural impropriety, ordinary common law statutory
interpretation, discretionary impropriety (relevant/irrelevant considerations),
breach of an ECHR right or equality duty, and constitutionally significant claims.
It concludes that Administrative Court practice is split roughly 50:50 between
claims with broader constitutional significance or public importance, and claims
concerned with resolving individual grievances largely confined to their own
facts. These two halves of practice can be reconciled by an interpretation of
judicial review for the advancement of justice and good governance. Under
this account the Administrative Court is concerned with the quality of the
initial decision-maker’s reasoning, but this is assessed by ordinary common
law principles such as proper purpose and relevant/irrelevant considerations,
not by the application of increasingly complex conceptual doctrines such as
proportionality and deference. The result is a ground-breaking reassessment of
the grounds of judicial review and Administrative Court practice.
Religion and the Exercise of
Public Authority
Edited by Benjamin L Berger & Richard Moon
In the burgeoning literature on law and religion,
scholarly attention has tended to focus on broad
questions concerning the scope of religious freedom,
the nature of toleration and the meaning of secularism.
An under-examined issue is how religion figures in the
decisions, actions and experiences of those charged
with performing public duties. This point of contact
between religion and public authority has generated
a range of legal and political controversies around issues such as the wearing of
religious symbols by public officials, prayer at municipal government meetings,
religious education and conscientious objection by public servants.
Authored by scholars from a variety of disciplines, the chapters in this volume
provide insight into these and other issues. Yet the volume also provides an entry
point into a deeper examination of the concepts that are often used to organize
and manage religious diversity, notably state neutrality. By examining the exercise
of public authority by individuals who are religiously committed – or who, in the
discharge of their public responsibilities, must account for those who are – this
volume exposes the assumptions about legal and political life that underlie the
concept of state neutrality and reveals its limits as a governing ideal.
Sarah Nason is Lecturer in Law at Bangor University.
Benjamin L Berger is an Associate Professor at Osgoode Hall Law School at York University.
Richard Moon is a Professor of Law at the University of Windsor.
September 2016 • 208 pages
Hardback • 9781509904624 • £55 / $94
Hart Publishing
May 2016 • 208 pages
Hardback • 9781849467155 • £55 / $95
Hart Publishing
The Freedom of Peaceful
Assembly in Europe
Edited by Anne Peters & Isabelle Ley
This volume presents an accessible overview of the
current state of the legislation on the freedom of
assembly in eleven selected member states of the
Venice Commission: the UK, France, the US, Belgium,
Germany, Turkey, the Russian Federation, the Ukraine,
Poland, Hungary and Tunisia. The volume may serve as
a work of reference for the researcher or practitioner
who seeks specific information on the legal bases,
restrictions, or implementation of the freedom of assembly in a specific country
or on more recent themes such as the legal implications of flashmobs. It is also a
helpful starting point for anyone interested in comparing the state of assembly
legislation in Europe and beyond. Next to information on details of the domestic
regulation of assemblies, each study contains information on recent events,
changes and debates on the laws on assemblies. Examples are the handling of
the Arab spring in Tunisia, freedom of assembly-implications and management of
the Gezi Park protests in Turkey, or the constitutional upheavals in the Ukraine.
Anne Peters is Director of the Max Planck Institute for Comparative Public Law and
International Law.
Isabelle Ley is senior research fellow at the the Max Planck Institute for Comparative Public
Law and International Law.
January 2016 • 352 pages
Hardback • 9781509906994 • £100 / $172
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
The Role of the SolicitorGeneral
Negotiating Law, Politics and the Public
Interest
Gabrielle Appleby
Behind every government lies an impressive team of
hard-working lawyers. In Australia, the Solicitor-General
leads that team. A former Attorney-General once said:
‘The Solicitor-General is next to the High Court and God.’
And yet, the role of government lawyers in Australia,
and specifically the Solicitor-General as the most senior of government lawyers, is
under-theorised and under-studied.
This book goes behind the scenes of government – drawing from interviews
with over 45 government and judicial officials – to uncover the history, theory
and practice of the Australian Solicitor-General. The analysis reveals a role
that is of fundamental constitutional importance to ensuring the legality and
integrity of government action, thus contributing to the achievement of rule of
law ideals. The Solicitor-General also works to defend government action and
prosecute government policies in the court, and thus performs an important
role as messenger between the political and judicial branches of government.
The requirement to both check and promote government creates conflicting
pressures between law, politics and the public interest, and unique characteristics
have evolved to navigate them. These pressures are not particular to the
Australian context, and knowledge of them will inform comparative analysis of
the role of senior government lawyers across the world.
Gabrielle Appleby is Associate Professor of Law at the University of New South Wales.
May 2016 • 320 pages
Hardback • 9781849467124 • £70 / $120
Hart Publishing
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27
Hart Publishing • Constitutional and Administrative Law
Understanding Legislation
The Public-Private Nature of
Charity Law
A Practical Guide to Statutory
Interpretation
Charlie Potter & David Lowe
Understanding Legislation provides a practical guide to
interpreting both English and European legislation of
all kinds. The book can be used as a practitioner’s first
port of call on all matters of statutory construction. It
is designed to serve as a succinct and authoritative
point of reference for questions concerning sources
of legislation, the anatomy and structure of differing instruments and matters
of interpretation. As well as considering how to read statutory language, and
the key presumptions that the courts will apply, the book addresses how other
legislation and materials can influence the interpretive exercise and in what way.
To this end, it discusses the interpretive significance of the different components
of legislation, the various external aids to construction that may exist, and the
role of international law, EU law and the European Convention on Human Rights
(through the Human Rights Act 1998) in interpreting domestic law. While the
primary focus is on English law, the treatment of EU and international law also
serves as a short freestanding guide to the construction of EU instruments and
treaties.
Kathryn Chan
Is charity law a “private law” or a “public law” subject?
This book maps charity law’s relationship to the public
law-private law divide, arguing that charity law is best
understood as a hybrid (public-private) legal tradition
that is constantly seeking to maintain an equilibrium
between the protection of the autonomy of propertyowning individuals to direct and control their wealth,
and the furtherance of competing public visions of the
good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of
Charity Law applies its unique lens both to traditional topics such as the public
benefit rule and charity law’s rules of standing, and to more contemporary issues
such as the co-optation of charitable resources by threatened welfare states and
the emergence of social enterprise.
Kathryn Chan is Assistant Professor of Law in the Faculty of Law in the University of
Victoria, Canada.
October 2016 • 208 pages
Hardback • 9781782258483 • £50 / $100
Hart Publishing
Charlie Potter is a barrister who is a senior communications adviser at Brunswick Group
and an associate member of Blackstone Chambers, Temple, London.
David Lowe is a barrister at Blackstone Chambers, Temple, London.
Understanding the Rule of Law
March 2017 • 164 pages
Paperback • 9781849466417 • £19.99 / $34
Hart Publishing
Geert Corstens, with the assistance of Reindert
Kuiper, and updated for the English translation
by John Murray
The ‘rule of law’ is increasingly regarded as integral to
liberal democracy, and its significance is frequently
discussed by lawyers, academics, politicians and the
media. But the meaning of the phrase is not always
clear. What does ‘the rule of law’ mean exactly? And why
is it so important to the democratic state and, above all,
its citizens?
Surveillance, Privacy and
Trans-Atlantic Relations
Edited by David D Cole, Federico Fabbrini &
Stephen Schulhofer
28
Concerns for privacy in the face of increasing
governmental surveillance have recently been voiced
both in the European Union and the United States.
The purpose of this book, which brings together some
of the leading experts in the field of constitutional
law, criminal law and human rights both from the US
and the EU, is to examine the protection of privacy
in the digital era, as well as the challenges that counter-terrorism cooperation
between governments pose to human rights. In particular, the book focuses on
transatlantic relationship, considering whether the EU and the US should develop
joint transnational mechanisms to protect privacy as a way to safeguard human
rights on a reciprocal basis in the two largest constitutional unions worldwide.
In Understanding the Rule of Law, former president of the Dutch Supreme Court,
Geert Corstens, paints a lively and accessible portrait of the rule of law in practice.
The focus is on the role of the courts, where the tensions in a democratic state
governed by the rule of law are often discussed and resolved. Using landmark
judgments Geert Corstens explains what judges do and why their work is
valuable. What do minimum sentences and prisoners’ voting rights have to
do with each other? Why is there no easy answer to the question of whether
a paedophile organisation should be banned? Why is it no joke when Italian
the politician Silvio Berlusconi calls the judiciary ‘the cancer of democracy’?
Understanding the Rule of Law provides the answers to these and many
other questions, and is essential reading for anyone interested in the state of
democracy today.
David D Cole is Professor of Law at Georgetown University Law Center.
Federico Fabbrini is Associate Professor of European Law at the University of Copenhagen.
Stephen Schulhofer is Professor of Law at NYU Law School.
Geert Corstens is former President of the Supreme Court of The Netherlands.
Reindert Kuiper is a Judge in the Court of Appeal in Amsterdam.
John Murray is former President of the Supreme Court of Ireland.
March 2017 • 256 pages
Hardback • 9781509905416 • £50 / $86
Series: Hart Studies in Security and Justice • Hart Publishing
February 2017 • 144 pages
Paperback • 9781509903634 • £14.99 / $26
Hart Publishing
World English
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Hart Publishing • Constitutional and Administrative Law
Anonymous Speech
Detention of Terrorism
Suspects
Literature, Law and Politics
Eric Barendt
Anonymous speech has significant political and social
repercussions; as recent events in the United Kingdom
such as the ‘Trojan Horse’ letter have shown. The
challenges of anonymous speech are multifold; for
example the inability to either question the author or to
contest the accuracy of its claims. This book looks the
varieties of anonymous speech from novels and literary
reviews to periodicals and political pamphlets. The
forum for anonymous speech is also examined: from the role of intermediaries
such as publishers to the much less policed Internet. Examining it in all its formats
and its effects, the author, a leading commentator on media law, concludes that
(except in limited cases such as whistle-blowing) there is no overwhelming case
for recognising the right to anonymous speech.
Eric Barendt is Emeritus Professor of Media Law at University College London.
June 2016 • 176 pages
Hardback • 9781849466134 • £25 / $50
Hart Publishing
Political Discourse and Fragmented
Practices
Maureen Duffy
The erosion of individual liberties in the name of antiterrorism is increasingly prevalent in liberal democracies,
but it remains controversial. The focus of this book
is on the relationship between political discourse
and perceptions of the threats posed by terrorism. It
links political discourse to practices around terrorism detentions that happen
outside of traditional criminal and wartime paradigms, with examples including
Guantanamo Bay and security certificates in Canada. It argues that biased
political discourse has, in some respects, continued to fuel public misconceptions
about terrorism, leading to problematic legal enactments. It critiques political
arguments that began after 9/11, many of which remain foundational as terrorism
detention practices evolve. Much of the focus is on language emanating from the
US, and the book links this language to examples of changed detention practices
in the US, Canada, the UK and Australia.
Terrorism is undoubtedly a real threat to liberal democracy, but that does not
mean that all perceptions of how to respond to it are valid. As international
terrorism continues to grow and change, this book offers valuable insights into
problems that have arisen from past responses, with the objective of avoiding
those problems in future.
Maureen Duffy is Assistant Professor of Law at the University of Calgary.
March 2017 • 256 pages
Hardback • 9781849468640 • £55 / $95
Hart Publishing
Contract, Tort, Restitution and Commercial Law
A Casebook on Contract
Andrew Burrows
This is the fifth, fully updated, edition of Professor
Burrows' casebook, offering law students the ideal
way to discover and understand contract law through
reading highlights from the leading cases. Designed to
be used in conjunction with a contract law textbook,
this book covers the undergraduate contract law course
in a series of clearly presented and carefully structured
chapters. The author provides an expert introduction to
each topic and his succinct notes and questions seek
to guide students to a proper understanding of the cases. The relevant statutes
are also set out along with a principled analysis of them. In addition to crossreferences to further discussion in the leading textbooks, an innovative feature is
the summary of leading academic articles in each chapter. The book is designed
not to overwhelm students by its length but covers all aspects of the law of
contract most commonly found in the undergraduate curriculum.
Andrew Burrows is Professor of the Law of England in the University of Oxford and a
Fellow of All Souls College.
March 2017 • 864 pages
Paperback • 9781509907700 • £32.99 / $56.95
Hart Publishing
The Assignment of Contractual
Rights
Greg Tolhurst
This book explains the existence, meaning and
application of the rules governing the assignment of
contractual rights. The second edition is updated and
retains the structure of the first edition, focusing on
what is meant by ‘assignment’, the distinction between
legal and equitable assignments, how an assignable
contractual right is identified, what formalities apply
to assignment and what rights and remedies are
available to the parties to an assignment. In reviewing the first edition, The Hon
JD Heydon said ‘it is essential reading for ... teachers, especially those who teach
contract, equity and personal property. Above all, it should always be consulted
– read carefully, slowly and repeatedly – by any practitioner facing an assignment
problem ... It is not only the best book ever written on its subject, but among the
best monographs dealing with legal doctrine published in recent years’ (2008) 30
Sydney Law Review 169.
Greg Tolhurst is Professor of Commercial Law at the University of Sydney.
May 2016 • 448 pages
Hardback • 9781849463324 • £120 / $206
Hart Publishing
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29
Hart Publishing • Contract, Tort, Restitution and Commercial Law
Dalhuisen on Transnational
Comparative, Commercial,
Financial and Trade Law
Volume 1
Dalhuisen on Transnational
Comparative, Commercial,
Financial and Trade Law
Volume 2
The New Lex Mercatoria and its
Sources and the Transnationalisation of
Commercial, Financial and Investment
Dispute Resolution
Contract and Movable Property Law
Jan H Dalhuisen
This is the sixth edition of the leading work on transnational and comparative
commercial and financial law, covering a wide range of complex topics in the
modern law of international commerce, finance and trade. As a guide for students
and practitioners it has proven to be unrivaled. The work is divided into three
volumes, each of which can be used independently or as part of the complete
work.
Volume one covers the roots and foundations of private law; the different
orientations and structure of civil and common law; the concept, forces, and
theoretical basis of the transnationalisation of the law in the professional sphere;
the autonomous sources of the new law merchant or modern lex mercatoria, its
largely finance-driven impulses; and its relationship to domestic public policy and
public order requirements.
Jan H Dalhuisen
This is the sixth edition of the leading work on
transnational and comparative commercial and
financial law, covering a wide range of complex topics
in the modern law of international commerce, finance and trade. As a guide
for students and practitioners it has proven to be unrivaled. The work is divided
into three volumes, each of which can be used independently or as part of the
complete work.
Volume two deals with transnational contract, movable and intangible property
law.
All three volumes may be purchased separately or as a single set.
June 2016 • 384 pages
Hardback • 9781509907014 • £120 / $215
Hart Publishing
All three volumes may be purchased separately or as part of a single set.
Jan H Dalhuisen is Professor of Law at King's College London and Miranda Chair in
Transnational Financial Law in the Catholic Universtity in Lisbon.
June 2016 • 384 pages
Hardback • 9781509907007 • £75 / $128
Hart Publishing
Dalhuisen on Transnational Comparative,
Commercial, Financial and Trade Law
3 Volume Set
Jan H Dalhuisen
Dalhuisen on Transnational
Comparative, Commercial,
Financial and Trade Law
Volume 3
Financial Products, Financial Services and
Financial Regulation
Jan H Dalhuisen
This is the sixth edition of the leading work on transnational and comparative
commercial and financial law, covering a wide range of complex topics in the
modern law of international commerce, finance and trade. As a guide for students
and practitioners it has proven to be unrivaled. The work is divided into three
volumes, each of which can be used independently or as part of the complete
work.
Volume one covers the roots and foundations of private law; the different
orientations and structure of civil and common law; the concept, forces, and
theoretical basis of the transnationalisation of the law in the professional sphere;
the autonomous sources of the new law merchant or modern lex mercatoria, its
largely finance-driven impulses; and its relationship to domestic public policy and
public order requirements.
This is the sixth edition of the leading work on
transnational and comparative commercial and
financial law, covering a wide range of complex topics in the modern law
of international commerce, finance and trade. As a guide for students and
practitioners it has proven to be unrivaled. The work is divided into three volumes,
each of which can be used independently or as part of the complete work.
Volume two deals with transnational contract, movable and intangible property
law.
Volume three deals with financial products and financial services, with the
structure and operation of modern commercial and investment banks, and
with financial risk, stability and regulation, including the fall-out from the recent
financial crisis and regulatory responses in the US and Europe.
All three volumes may be purchased separately or as part of this set.
All three volumes may be purchased separately or as a single set.
Volume three deals with financial products and financial services, with the
structure and operation of modern commercial and investment banks, and
with financial risk, stability and regulation, including the fall-out from the recent
financial crisis and regulatory responses in the US and Europe.
March 2017 • 1152 pages
Hardback • 9781509907533 • £295 / $508
Hart Publishing
March 2017 • 384 pages
Hardback • 9781509907021 • £120 / $215
Hart Publishing
30
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Hart Publishing • Contract, Tort, Restitution and Commercial Law
Unjust Enrichment
Contract Law
James Edelman & Elise Bant
An Introduction to the English Law of
Contract for the Civil Lawyer
Unjust enrichment is one of the least understood areas
of private law. This book builds upon the 2006 work by
the same authors which was entitled Unjust Enrichment
in Australia. The scope of the book is now broader. It
concerns the principles of the law of unjust enrichment
in Australia, New Zealand, England and Canada. Major
decisions of the highest courts of these jurisdictions in
the last decade provide a fertile basis for examining the
underlying principles and foundations of this subject.
The book uses the leading cases to distil and explain the fundamental principles
of this branch of private law.
James Edelman, a Justice of the Federal Court of Australia and Adjunct Professor at the
University of Queensland, has previously been a Justice of the Supreme Court of Western
Australia and Professor of the Law of Obligations at the University of Oxford.
Elise Bant is Professor of Law at the University of Melbourne.
August 2016 • 496 pages
Paperback • 9781841133188 • £30 / $45
Hart Publishing
John Cartwright
This new and fully updated edition retains the primary
focus of the first edition: to introduce the lawyer trained
in a civil law jurisdiction to the method of reasoning in
the common law, and in particular to the English law
of contract. It is written for lawyers — whether student
or practitioner —who already have an understanding
of a (different) law of contract, but who wish to discover how English lawyers
understand contracts. However, setting English contract law generally in the
context of other European and international approaches, the book forms an
introductory text for the English student, who can see not only how English
contract law works but also get a glimpse of different ways of thinking about
some of the fundamental rules of contract law. After a general introduction to the
common law system — how a common lawyer reasons and finds the law — the
book explains the principles of the law of contract in English law covering all
the aspects of a contract from its formation to the remedies available for breach,
whilst directing attention in particular to those areas where the approach of
English law is in marked contrast to that taken in many civil law systems.
John Cartwright is Professor of the Law of Contract at the University of Oxford.
Divergences in Private Law
Edited by Andrew Robertson & Michael Tilbury
This book is a study of doctrinal and methodological
divergence in the common law of obligations. It
explores particular departures from the common
law mainstream and the causes and effects of those
departures. Some divergences can be justified on the
basis of a need to adapt the common law of contract,
torts, equity and restitution to local circumstances, or
to bring them into conformity with local values. More
commonly, however, doctrinal or methodological
divergence simply reflects different approaches to common problems, or different
views as to what justice or policy requires in particular circumstances. In some
instances divergent methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or remedies recognised
in one jurisdiction but not another undoubtedly produce different outcomes.
Such cases raise interesting questions as to whether ultimate appellate courts
should be slow to abandon principles that remain well accepted throughout the
common law world, or cautious about taking a uniquely divergent path.
The chapters in this book were originally presented at the Seventh Biennial
Conference on the Law of Obligations held in Hong Kong in July 2014.
Andrew Robertson is Professor of Law and Director of Studies for Private Law at
Melbourne Law School in the University of Melbourne.
Michael Tilbury is a Professorial Fellow at Melbourne Law School, formerly Kerry Holdings
Professor in Private Law at the Faculty of Law in the University of Hong Kong.
January 2016 • 392 pages
Hardback • 9781782256601 • £70 / $120
Hart Publishing
June 2016 • 336 pages
Paperback • 9781509902910 • £24.99 / $39.95
Hart Publishing
The Common Law of
Obligations
Divergence and Unity
Edited by Andrew Robertson & Michael Tilbury
The development of the law of obligations across the
common law world has been, and continues to be,
a story of unity and divergence. Its common origins
continue to exert a powerful stabilising influence,
carried forward by a methodology that places heavy
weight on the historical foundations of legal principles.
Divergence is, however, produced by numerous factors, including national
and international human rights instruments, local statutory regimes, civil law
influences, regional harmonisation, local circumstances and values and different
political and legal cultures. The essays in this collection explore the forces that
produce divergence, the countervailing forces that generate cohesion and
consistency in the common law of obligations, and the influence that the major
common law jurisdictions continue to exert over one another in this area of law.
The chapters in this book were originally presented at the Seventh Biennial
Conference on the Law of Obligations held in Hong Kong in July 2014.
January 2016 • 376 pages
Hardback • 9781782256564 • £70 / $120
Hart Publishing
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31
Hart Publishing • Contract, Tort, Restitution and Commercial Law
Tort Law and Human Rights
Legislation and Reform in the
Law of Obligations
Jane Wright
This is a completely revised and expanded second
edition, building on the first edition with two principal
aims: first, to elucidate the role that domestic tort
principles (including the new 'remedy' under the
Human Rights Act 1998) play in securing to citizens
the human rights standards laid down in the European
Convention on Human Rights and, secondly, to
evaluate tort principles for compliance with those
standards. The first edition was written when the
Human Rights Act 1998 was newly enacted and many questions existed as to its
potential impact on tort law; answers to many of the questions which were raised
at that time are only now emerging. Therefore the text has been completely
updated to reflect these developments. Whether it is appropriate to attribute
particular goals and functions to tort law is highly contested and the analysis
begins by locating the discussion within these contemporary debates. The author
goes on to examine the extent to which the action against public authorities
under section 7 of the Act has impacted on the development of common law
principles as well as the issue of horizontal effect of the Act between non-state
actors. New chapters include: Public Authority Liability, Privacy and Autonomy
Rights, Land Torts and Death.
Jane Wright is a Professor of Law at the University of Essex.
September 2016 • 364 pages
Hardback • 9781841139074 • £55 / $91
Series: Hart Studies in Private Law • Hart Publishing
James Lee
This book presents a study of the ways in which
legislation shapes and develops the law of obligations
in the law in England and Wales and Australia. It
offers a comparative account of the experiences of
the Australian States under the various Civil Liability
Acts, contrasted with the more incremental (but still
problematic) legislative approach in England, with
the examples of the Compensation Act 2006 and the
Social Action, Responsibility and Heroism Act 2015. Incidental changes to the
law of obligations through policy-based legislation like the Consumer Rights Act
2015 are also examined. The book addresses particular questions such as the
application of limitations statutes, the scope of purportedly exclusive legislative
schemes and the question of when a change in the law of obligations ought to
be left to the legislature. The latest decisions of the High Court of Australia and
the United Kingdom Supreme Court on these issues are scrutinised.
Developing a coherence-based approach, the book argues that the processes
of legislation ought to involve more faithful engagement with the applicable
principles than is often the case. The conclusion is that respect for coherence is
not merely a matter of doctrinal purity, but also translates into more effective
legislation.
James Lee is Senior Lecturer in Private Law in The Dickson Poon School of Law, King’s
College London.
October 2016 • 244 pages
Hardback • 9781849463188 • £50 / $86
Series: Hart Studies in Private Law • Hart Publishing
Private Law and Power
Edited by Kit Barker, Simone Degeling, Karen
Fairweather & Ross Grantham
This aim of this edited collection of essays is to examine
the relationship between private law and power – both
the public power of the state and the ‘private’ power
of institutions and individuals. Its objectives are to
describe and critically assess the way that private law
doctrines, institutions, processes and rules express,
moderate, facilitate and control relationships of power.
The aim is to scrutinise this subject from the viewpoints
of both history and modernity.
The various chapters of this work examine the dynamics of the relationship
between private law and power from a number of different perspectives –
historical, theoretical, doctrinal and comparative. They have been commissioned
from leading experts in the field of private law, from several different
Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand),
each with expertise in the particular sphere of their contribution. They aim to
illuminate the past and assist in resolving some contemporary, difficult legal
issues relating to the shape, scope and content of private law and its difficult role
and relationship with power.
Kit Barker is Professor of Private Law, Karen Fairweather is an Associate Lecturer and Ross
Grantham is Professor of Commercial Law, all at the TC Beirne School of Law, University of
Queensland.
Simone Degeling is Professor of Law at the University of New South Wales.
October 2016 • 320 pages
Hardback • 9781509905997 • £75 / $128
Series: Hart Studies in Private Law • Hart Publishing
32
Evidential Uncertainty in
Causation in Negligence
Gemma Turton
This book undertakes an analysis of academic and
judicial responses to the problem of evidential
uncertainty in causation in negligence. It seeks to bring
clarity to what has become a notoriously complex area
by adopting a clear approach to the function of the
doctrine of causation within a corrective justice-based
account of negligence liability. It first explores basic
causal models and issues of proof, including the role
of statistical and epidemiological evidence, in order to isolate the problem of
evidential uncertainty more precisely. Application of Richard Wright's NESS test to
a range of English case law shows it to be more comprehensive than the 'but for'
test that currently dominates, thereby reducing the need to resort to additional
tests, such as the Wardlaw test of material contribution to harm, the scope and
meaning of which are uncertain. The book builds on this foundation to explore
the solution to a range of problems of evidential uncertainty, focusing on the
Fairchild principle and the idea of risk as damage, as well as the notion of loss of a
chance in medical negligence which is often seen as analogous with 'increase in
risk', in an attempt to bring coherence to this area of the law.
Gemma Turton is a Lecturer in Law at the University of Leicester.
April 2016 • 256 pages
Hardback • 9781849467049 • £55 / $95
Series: Hart Studies in Private Law • Hart Publishing
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Hart Publishing • Contract, Tort, Restitution and Commercial Law
A Theory of Tort Liability
Allan Beever
This book provides a comprehensive theory of the
rights upon which tort law is based and the liability
that flows from violating those rights. Inspired by
the account of private law contained in Immanuel
Kant’s Metaphysics of Morals, the book shows that
Kant’s theory elucidates a conception of interpersonal
wrongdoing that illuminates the operation of tort law.
The book then utilises this conception, applying it to
the various areas of tort law, in order to develop an
understanding of the particular areas in question and, just as importantly, their
relationship to each other. It argues that there are three general kinds of liability
found in the law of tort: liability for putting another or another’s property to one’s
purposes directly, liability for doing something to a third party that puts another
or another’s property to one’s purposes, and liability for pursuing purposes in a
way that improperly interferes with the ability of another to pursue her legitimate
purposes. It terms these forms liability for direct control, liability for indirect
control and liability for injury respectively. The result is a coherent, philosophical
understanding of the structure of tort liability as an entire system. In developing
its position, the book considers the laws of Australia, Canada, England and Wales,
New Zealand and the United States.
Allan Beever is Professor of Law at Auckland University of Technology.
June 2016 • 368 pages
Hardback • 9781509903184 • £55 / $95
Series: Hart Studies in Private Law • Hart Publishing
Enrichment at the Claimant's
Expense
Attribution Rules in Unjust Enrichment
Eli Ball
This book presents an account of ‘attribution’ in unjust
enrichment; the connection between claimant and
defendant reflected in the expression that a defendant
be ‘enriched at the claimant’s expense’. The book
presents a structured account of attribution, consisting
of two requirements: first, the identification of an
enrichment to the defendant and a loss to the claimant; and, secondly, the
identification of a connection between that enrichment and that loss. These two
requirements must be kept separate from other considerations often subsumed
within attribution, but which in truth have nothing to do with it, and which
instead qualify unjust enrichment liability for reasons that should be analysed in
their own terms. The structure of attribution so presented fits a normative account
of unjust enrichment based upon each party’s exchange capacities. A defendant
is enriched when he receives something that he has not paid for under prevailing
market conditions, while a claimant suffers a loss when he loses the opportunity
to charge for something under the same conditions. A counterfactual test –
asking whether enrichment and loss arise ‘but for’ each other – provides the best
generalisation for testing whether enrichment and loss are connected, thereby
satisfying the requirements of attribution in unjust enrichment.
Eli Ball is a Stipendiary Lecturer in Law at St John's College, Oxford
October 2016 • 240 pages
Hardback • 9781782258391 • £55 / $95
Series: Hart Studies in Private Law • Hart Publishing
Negligence and Illegality
Sharon Erbacher
This book examines claims for compensation for
negligently-inflicted harm connected to an illegal act
of the plaintiff. A variety of public policy and other
grounds have been advanced for resolving these claims,
resulting in an area that is characterised by confusing
and contradictory doctrine. The book examines the
illegality doctrine within a framework of corrective
justice theory. Illegality doctrine poses particular
difficulties for the corrective justice explanation of
negligence law, especially where the basis for denial of relief is based on public
policy considerations that are external to the relationship of the parties. The book
argues that the only legitimate rationale for a doctrine of illegality is the legal
policy of preserving the coherence of the legal system. In so doing it develops the
work of Ernest Weinrib and Allan Beever to explain both how the ‘policy’ objective
of legal coherence fits within the framework of corrective justice theory, and
why legal coherence provides the only valid conceptual basis for a doctrine of
illegality.
Sharon Erbacher is Senior Lecturer in Law at Deakin University, Australia.
March 2017 • 256 pages
Hardback • 9781509906666 • £60 / $104
Series: Hart Studies in Private Law • Hart Publishing
Contract as Assumption II
Formation, Performance and Enforcement
Brian Coote
Edited by John Carter
It has many times been said that contracts involve
assumptions of obligation or liability, but what that
means, and what it is that is assumed, have not often
been discussed. Brian Coote argues that contractual
obligation and liability are two sides to the same coin,
and that an assumption of one is an assumption of
both. Parties are bound not because liability has been
imposed upon them by law as a result of their having entered into a contract but
because, in the act of assuming, they have imposed it upon themselves. Contract
provides a facility the purpose of which is to enable this to be done within the
limits prescribed by law.
The implication of these premises are much more significant than might be
supposed when applied to such areas as formation, consideration, intention to
contract, exception clauses, privity and damages. The book concludes with a
treatment of the role of assumption in tort.
Because of the importance of its subject matter and its wide-ranging treatment,
this book should appeal not only to teachers and postgraduate students of
contract but also to practitioners in the field and to anyone else with an interest
in contract theory.
Brian Coote, CBE, FNZAH, FRSNZ is an Emeritus Professor and sometime Dean of Law at
the University of Auckland, and has published widely on Contract topics.
JW Carter is Emeritus Professor of Law in Sydney Law School in the University of Sydney,
and Consultant at the international law firm Herbert Smith Freehills.
March 2016 • 272 pages
Hardback • 9781782256687 • £55 / $95
Hart Publishing
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33
Hart Publishing • Contract, Tort, Restitution and Commercial Law
Defences in Contract
Defences in Unjust Enrichment
Edited by Andrew Dyson, James Goudkamp &
Frederick Wilmot-Smith
Edited by Andrew Dyson, James Goudkamp &
Frederick Wilmot-Smith
This book is the third in a series of essay collections
on defences in private law. It addresses defences to
liability arising in contract. The essays range from those
adopting a predominantly black-letter approach to
others that examine the law from a more theoretical or
historical perspective. Some essays focus on individual
defences, while some are concerned with the links
between defences, or with how defences relate to the
structure of contract law generally. One goal of the book is to determine what
light can be shed on contract law doctrines by analysing them through the lens
of defences. Many scholars are unaccustomed to thinking of defences to contract
law and so fresh light is shed on an old topic. The essays make several original
contributions to this complex, important but neglected field of academic enquiry.
The contributors – judges and academics – are all leading jurists. The essays are
addressed to all of the major common law jurisdictions.
Andrew Dyson is a Assistant Professor in Private Law at The London School of Economics
and Political Science.
James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford
Law Faculty.
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.
This book is the second in a series of essay collections
on defences in private law. It addresses defences
to liability arising in unjust enrichment. The essays
are written from a range of perspectives and
methodologies. Some are doctrinal, others are
theoretical, and several offer comparative insights. The
most important defence in this area of the law, change
of position, is addressed in detail, but many other
defences are treated too, as well as the interrelations between these defences
within the law of unjust enrichment. The essays offer novel claims and ways of
looking at problems in this challenging area of legal study.
Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics
and Political Science.
James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford
Law Faculty.
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.
January 2016 • 360 pages
Hardback • 9781849467254 • £75 / $129
Series: Hart Studies in Private Law: Essays on Defences • Hart Publishing
January 2017 • 452 pages
Hardback • 9781849467230 • £75 / $129
Series: Hart Studies in Private Law: Essays on Defences • Hart Publishing
Digital Revolution
Challenges for Contract Law in Practice
Edited by Reiner Schulze & Dirk Staudenmayer
Damages in Contractual Claims
Jill Poole & James Devenney
This book provides students, academics and
practitioners with a clear, accessible treatment and
evaluation of the applicable principles governing
damages in contractual claims. This includes damages
for breach of contract and damages in contractual
misrepresentation claims. It explains the aims of awards
of such damages and provides a detailed, but clear and
structured, explanation of the substantive principles
governing those awards and the relationship between
different types of claims. It also provides detailed evaluation of the development
and limitations of significant case law in its context and hence identifies points of
academic controversy and practical significance - in particular such as damages
for loss of a chance, the Blake and Wrotham Park principles, recovery for third
party loss and the measure of damages for misrepresentation. In doing so it
also considers contractual planning in the form of agreed damages clauses and
attempts to exclude or limit the remedy of damages.
The creation of a single digital single market is one of
the key objectives of the European Commission. This
book deals with the challenges for European contract
law in the areas of 3D printing, sharing economy and
Internet of Things. The proliferation of digital products,
and particularly the Internet of Things, the sharing
economy and 3D printing have given rise to new
challenges for both the law and law-makers. This work
explores the resulting impact on contract law, looking in particular at how it
effects contractual obligations, contractual and non-contractual liability as well as
the notion of consumer apart.
Reiner Schulze is Professor at Westfälische Wilhelms Universität Münster.
Dirk Staudenmayer is the Head of the Unit – Contract Law, DG Justice, European
Commission.
February 2016 • 304 pages
Hardback • 9781509907335 • £75 / $128
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Jill Poole is Deputy Dean, Professor of Commercial Law and Head of Aston Law at Aston
Business School, Aston University.
James Devenney is Professor of Commercial Law and Head of Exeter Law School, Exeter
University.
March 2017 • 404 pages
Paperback • 9781841137643 • £44.99 / $83.99
Hart Publishing
34
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Hart Publishing • Contract, Tort, Restitution and Commercial Law
The Commercial Bar
Association (COMBAR) 19892014
Minimum Contract Justice
Celebrating the First 25 years
Lyn K L Tjon Soei Len
Edited by Stephen Moriarty
In 2014 the Commercial Bar Association celebrated its
25th anniversary. When Lord Mackay’s Green papers,
and especially that on ‘The Work and Organisation of
the Legal Profession’, were published, the survival of
the Bar was brought into question and this was the catalyst for the formation of
COMBAR. Since then, it has gone from strength to strength.
This volume is a collection of contributions from a number of different people
who have been involved with COMBAR over the years. It includes text from senior
judiciary, past chairs, honorary overseas members, VIP annual lectures and lectures
from guest speakers, amusing anecdotes and much more.
Stephen Moriarty QC is a barrister at Fountain Court Chambers and a former Chairman of
the Commercial Bar Association.
February 2016 • 112 pages
Hardback • 9781849467056 • £20 / $34
Hart Publishing
A Capabilities Perspective on Sweatshops
and Consumer Contracts
The collapse of the Rana Plaza in Bangladesh (2013)
is one of many cases to invoke critical scrutiny and
moral outrage regarding the conditions under which
consumer goods sold on our markets are produced
elsewhere. In spite of abiding moral concerns, these
goods remain popular and consumers continue to buy
them. Such transactions for goods made under deplorable production conditions
are usually presumed to count as ‘normal’ market transactions, ie transactions that
are recognized as valid consumer-contracts under the rules of contract law.
Minimum Contract Justice challenges this presumption of normality. It explores
the question of how theories of justice bear on such consumer contracts; how
should a society treat a transaction for a good made under deplorable conditions
elsewhere? Minimum Contract Justice defends the position that a society that
strives to be minimally just should not lend its power to enforce, support, or
encourage transactions that are incompatible with the ability of others elsewhere
to live decent human lives. As such, the book introduces a new perspective on
the legal debate concerning deplorable production conditions that has settled
around ideas of corporate responsibility, and the pursuit of international labour
rights.
Lyn K L Tjon Soei Len is a researcher at the Law School, University of Amsterdam.
The Chinese Regulatory
Licensing System
June 2016 • 176 pages
Hardback • 9781782257097 • £55 / $95
Hart Publishing
Law and Economics
Qing Zhang
Although business people often regard licensing
requirements as a major obstacle to investment and
new ventures, the development of a well-designed
regulatory licensing system is also widely believed to
promote social welfare. The book explores existing
regulatory licensing systems in China and critically
appraises them using a law-and-economic approach. This book is in three main
parts. The first presents a general description of Chinese regulatory licensing
systems. Secondly, the book discusses the design and evaluation of regulatory
licensing systems by applying law-and-economic theories to three major issues.
These issues are: the use of licensing as a means of regulation and as opposed
to other means of regulation; the setting up of standards imposed through
regulatory licensing systems; and the arrangement of procedures adopted
for regulatory licensing systems. Thirdly, on the basis of the above theoretical
framework, this book develops a critical evaluation of current Chinese regulatory
licensing systems from the aforementioned three issues. In particular, it deeply
examines licensing regimes for three sectors: lawyers, taxis and pharmaceutical
products in China. The book will be of great interest to scholars, practitioners and
policymakers.
Qing Zhang is an Associate Professor of law at China University of Political Science and
Law (CUPL), China and a Research Associate at the Center on Regulation and Competition,
University of Manchester.
October 2016 • 256 pages
Hardback • 9781841133928 • £75 / $129
Series: China and International Economic Law Series • Hart Publishing
Judicial Reasoning in Tort Law
English and French Traditions Compared
Dorota Leczykiewicz
The book examines the practice of judicial reasoning
in tort law, understood as a process of justification,
consisting of both deductive and non-deductive
elements, and therefore involving a significant element
of choice or discretion. The book divides the elements
of judicial reasoning into four conceptual categories:
factual assessments, application of legislative and
judge-made rules, reliance on reasonableness and
policy considerations. To discuss these elements in a comparative perspective the
book uses the English and French judicial traditions of tort law as case studies. This
enables the author to present a range of methods of establishing facts, drawing
inferences, using legal sources and relying on policy arguments. By closely
examining selected tort judgments from both jurisdictions, the book elucidates
the phenomenon of law-making through adjudication in both a non-codified
and a codified system of liability. It offers a reflection on different approaches that
legal systems may adopt to the importance in the process of judicial justification
of such issues as certainty and truth, common sense, consistency with previous
judicial decisions and policy. The book connects the choice of approaches in
judicial reasoning in tort law with its procedural and institutional context.
Dorota Leczykiewicz is Associate Professor in the Faculty of Law of the University of
Oxford, and a Fellow of St Peter's College.
March 2017 • 264 pages
Hardback • 9781849462433 • £55 / $95
Hart Publishing
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35
Copyright, Patents, Trademarks
Unitary Patent Court
Procedure
A Practitioner's Guide to the
Unified Patent Court
A Commentary
Edited by Paul England
Christof Augenstein, Sabine Agé & Alex Wilson
Forty years after the first discussions began with a view
to creating a single European patent, 25 EU Member
States (with the exception of Italy, Spain and Croatia)
approved three instruments creating a European
Patent with unitary effect. One of the instruments is
the Agreement on a Unified Patent Court, signed on
19 February 2013. The Agreement provides for a ‘Unified Patent Court’ (UPC)
as a single court consisting of a Court of First instance and a Court of Appeal.
The court will have exclusive jurisdiction both in infringement and revocation
proceedings. By this means it is intended that it will provide a less complex and
cheaper alternative to the current situation where patent cases have to be tried in
each EU Member State separately. This commentary is focused on the procedure
of the Unitary Patent Court, and covers Infringement and Defences; Proceedings
and the UPC; Statutes of the UPCC; Financial Provisions; General Provisions;
Languages of Proceedings; Proceedings before the Court; Powers of the Court;
Appeals; Decisions and Implementation and Operation of Agreement.
Christof Augenstein, Sabine Agé and Alex Wilson are experienced patent specialists
working for renowned law practices.
The Unified Patent Court (UPC) will enable parties
to enforce or revoke European patents, and the new
European patent with unitary effect (Unitary Patent),
in a single court system. The court brings its own
procedure, as well as rules on competence, jurisdiction,
language and substantive law. The UPC will operate
alongside the existing system of national courts, which
will continue to hear disputes about national patents
and, in certain circumstances, European patents. The European Patent Office
opposition procedure will also continue to be a feature of European patent
litigation.
A Practitioner's Guide to the Unified Patent Court is written by a team of judges and
lawyers with many years of experience in patent litigation in France, Germany,
The Netherlands and the UK. The book provides a practical and detailed guide to
the UPC, in the context of the wider European patent system, with an emphasis
on the structure and competence of the UPC, its procedures and remedies,
jurisdiction, language and its relationship with the existing system. The book is
aimed at in-house counsel, private practice lawyers, and patent attorneys using
the UPC system.
Paul England is a solicitor at Taylor Wessing, London.
January 2017 • 1000 pages
Hardback • 9781849464932 • £275 / $472
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
March 2017 • 336 pages
Hardback • 9781849467827 • £100 / $103
Hart Publishing
The Fundamental Right to Data
Protection
Copyright Beyond Law
Regulating Creativity in the Graffiti
Subculture
Normative Value in the Context of Counterterrorism
Marta Iljadica
The form of graffiti writing on trains and walls is not
accidental. Nor is its absence on cars and houses.
Employing a particular style of letters, choosing which
walls and trains to write on, copying another writer,
altering or destroying another writer’s work: these acts
are regulated within the graffiti subculture. Copyright
Beyond Law presents findings from empirical research undertaken into the
graffiti subculture in London to show that graffiti writers informally regulate their
creativity through a system of norms that are remarkably similar to copyright.
The ‘graffiti rules’ and their copyright law parallels include: the requirement of
writing letters (subject matter) and appropriate placement (public policy and
morality exceptions for copyright subsistence and the enforcement of copyright),
originality and the prohibition of copying (originality and infringement by
reproduction), and the prohibition of damage to another writer’s works (the
moral right of integrity). The intersection between the ‘graffiti rules’ and copyright
law sheds light on the creation of subculture-specific commons and the limits
of copyright law in incentivising and regulating the production and location of
creativity.
Marta Iljadica is Lecturer in Law at the University of Southampton.
July 2016 • 304 pages
Hardback • 9781849467773 • £65 / $112
Hart Publishing
36
Maria Tzanou
Data protection aims to safeguard the rights, freedoms
and interests of individuals. Since the enforcement of
the Lisbon Treaty, data protection has been elevated to
the status of a fundamental right and is now enshrined
in the EU Charter of Fundamental Rights. This timely
book examines the extent to which data protection can operate as a fully-fledged
fundamental right next to the right to privacy. Part one clarifies what exactly
data protection entails, its scope and its underlying values. It also identifies
shortcomings by discussing the current approaches in the legal scholarship and
in the case-law. It then suggests a theory on data protection that could guide
courts and legislators on data protection issues. Part two sets out to test the
added value of the right by examining three instances of data processing in the
field of counter-terrorism and law enforcement: the information collection; the
information storage; and the information transfer case. The study concludes by
making the case for a reconstructed right to data protection and grants it an
added normative value in the context of counter-terrorism. The book will be of
interest to academics, students, policy-makers and practitioners in EU law, data
privacy and human rights law.
Maria Tzanou is a Lecturer in Law at the University of Keele.
March 2017 • 304 pages
Hardback • 9781509901678 • £60 / $104
Series: Modern Studies in European Law • Hart Publishing
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Hart Publishing • Copyright, Patents, Trademarks
The Struggle in Online
Copyright Enforcement
Interpreting TRIPS
Problems and Prospects
Globalisation of Intellectual Property Rights
and Access to Medicines
Sandra VI Schmitz
Hiroko Yamane
How are copyright infringements on the Internet
responded to? This study outlines the international,
European as well as national legal frameworks with a
particular focus on the law of the EU Member States,
France, the UK and Germany.
As regards the analysis of national law, the study
differentiates between enforcement mechanisms against end-users directly and
mechanisms that are directed against infringing materials as such. The study
highlights the challenges faced when enforcing copyright online, needing as it
does to strike a balance between identifying the right target and providing an
effective, yet proportionate enforcement mechanism. In addition to the outline
and analysis of national approaches in terms of compatibility with fundamental
rights and European law, a focus is set on questions of digital evidence and
technological feasibility/efficiency of individual enforcement mechanisms.
Sandra VI Schmitz was awarded her PhD by the University of Luxembourg and qualified as
a lawyer in Germany.
December 2015 • 800 pages
Hardback • 9781509905669 • £180 / $310
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Supplementary Protection
Certificates
A Handbook
Edited by Marco Stief & Dirk Bühler
The supplementary protection certificate (SPC) prolongs
the term of patents for pharmaceutical products for a
maximum of five additional years. The SPC's legal bases
are two European SPC Regulations and the SPC is based
upon European or national patents. SPCs protect some
of the most valuable products in the pharmaceutical
industry where each day of additional protection may be worth millions of Euros.
Despite the economic relevance SPCs have obtained in recent years, there exists
only limited detailed literature on the subject. German jurisprudence on SPCs is of
special importance, as this has often been the basis for decisions of the European
Court of Justice (ECJ) and the German market is one of the leading markets for
pharmaceuticals and thus for SPCs. This book is addressed to patent attorneys – in
particular in-house and external – working for pharmaceutical companies, and
attorneys-at-law specialising in patent law, especially in Europe but essentially
worldwide.
Marco Stief is Director Legal in the Legal Department of Fresenius, Bad Homburg.
Dirk Bühler is patent attorney and partner in Maiwald Patentanwälte in Munich.
January 2016 • 250 pages
Hardback • 9781849464864 • £170 / $344
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Protection of intellectual property rights (IPRs) has
become a global issue. The Trade-Related Aspects
of Intellectual Property (TRIPS) Agreement outlines
the minimum standards for IPR protection for WTO
members and offers a global regime for IPR protection.
However, the benefits of TRIPS are more questionable
in poorer countries where national infrastructure for research and development
(R&D) and social protection are inadequate, whereas the cost of innovation
is high. Today the problems remain acute, although there is also evidence of
progress and cooperation.
The second edition of this seminal text examines various views of the role of
IPRs as incentives for innovation against the backdrop of development and the
transfer of technology between globalised, knowledge-based, high technology
economies. The book retraces the origins, content and interpretations of the TRIPS
Agreement, including its interpretations by WTO dispute settlement organs. It
also analyses sources of controversy over IPRs, examining pharmaceutical industry
strategies of emerging countries with different IPR policies. Updated throughout,
this comprehensive and authoritative works allows the reader to acquire a
thorough understanding of a complex yet important field.
Hiroko Yamane is a Professor of International Economic Law at the National Graduate
Institute for Policy Studies (GRIPS) in Tokyo, Japan.
November 2016 • 472 pages
Hardback • 9781849466516 • £80 / $160
Hart Publishing
Pharmaceutical, Biological and
Chemical Patents
A Handbook
Maximilian Haedicke, Marco Stief & Dirk Bühler
Chemical and biological patents have particular
signifinance in European and German patent law. The
highly technical nature of such patents gives rise to
challenges for patent lawyers in fully understanding the
impact of alterations and how they should be treated
from a legal perspective. Other complex questions
include the instances of natural occurrences of a substance and understanding
how different identifications of a substance and the resulting patents interrelate
with each other. This book provides an expert overview of all these questions.
Past decisions of the European Court of Justice (ECJ) have highlighted the
importance of this field of law. Most of the proceedings regarding chemical and
biological patents have been held in German courts, and German jurisprudence
has often formed the basis of the ECJ decisions. As a result, the German case law
provided by this Handbook provides an effective and rigorous way of illustrating
the commentary.
Maximilian Haedicke is Professor of Intellectual Property Law at the University of Freiburg.
Marco Stief is Director Legal in the Legal Department of Fresenius, Bad Homburg.
Dirk Bühler is patent attorney and partner in Maiwald Patentanwälte in Munich.
August 2016 • 250 pages
Hardback • 9781849464901 • £200 / $344
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
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37
Criminal Law and Evidence
Evidence of Bad Character
Deserved Criminal Sentences
J R Spencer
Andreas von Hirsch
This is the third edition of John Spencer's now
well established book which seeks to explain this
complex area of law for the benefit of judges, criminal
practitioners and academics teaching the law of
evidence.
In the past, the rule excluding evidence of the
defendant's general bad character and disposition to
commit the offence was sometimes described as one
of the most hallowed rules of evidence; Lord Sankey,
in Maxwell v DPP, referred to it as '...one of the most deeply rooted and jealously
guarded principles of our criminal law.' In reality it was not particularly ancient,
and in recent years was increasingly attacked. On technical grounds the body of
law surrounding it was criticised as over-complicated and inconsistent, and more
radical critics condemned it as unduly favourable to the guilty. In response to this,
the law was completely recast in Part II of the Criminal Justice Act 2003. This book,
now updated to take into account a raft of new cases, offers a thorough analysis
of the bad character provisions of the Criminal Justice Act 2003 in the light of the
way in which they have been interpreted by the courts.
J R Spencer is Professor Emeritus of Law in the Law Faculty at the University of Cambridge
and a Bye-Fellow at Murray Edwards College, Cambridge.
This book provides an overview of a theory of criminal
sanctioning that emphasises the degree of seriousness
of the criminal offence in deciding the severity of a
convicted offender’s sentence. This approach calls for
a supporting rationale, and the rationale addressed
herein is often (especially in English- language
discussion) referred to as the 'desert model'. 'Desert',
understood literally, is simply that which is deserved,
and a variety of reasons (including traditional retributive
conceptions) might be offered on how much punishment offenders deserve.
The 'desert model' defended here, however, is a newer rather than a traditional
account; it is one which has had some considerable influence in contemporary
penology, and one which the author of this book has been instrumental in
developing over the last decades.
Andreas von Hirsch is Honorary Professor of Penal Theory and Penal Law at Cambridge
University, and an Honorary Fellow of Wolfson College.
October 2016 • 128 pages
Hardback • 9781509902668 • £35 / $60
Hart Publishing
July 2016 • 368 pages
Paperback • 9781509900046 • £40 / $80
Hart Publishing
Landmark Cases in Criminal
Law
Edited by Henry Mares, Ian Williams &
Phillip Handler
The Right to Say No
Marital Rape and Law Reform in Canada,
Kenya, Ghana and Malawi
Criminal cases raise difficult normative and legal
questions, and are often a consequence of compelling
human drama. In this collection, expert authors place
leading cases in criminal law in their historical and legal
contexts, highlighting their significance both in the past
and for the present.
Edited by Jennifer Koshan
Marital rape stands at the intersection of the sociolegal issues arising from both domestic violence
and sexual assault. For centuries, there was no legal
recourse offered to women who suffered sexual assault
perpetrated by their spouses. A man’s conjugal rights
included his right to have sexual intercourse with his
wife regardless of whether she consented. This right has been recognised in law,
and still is in some jurisdictions. This book emerges from the research undertaken
by an innovative multi-country academic collaborative project dedicated
to comparatively analyzing the legal treatment of sexual assault in intimate
relationships (“marital rape”), with a view to challenging the legal impunity for
and inadequate legal responses to this form of gendered violence.
Jennifer Koshan is Professor of Law at the Faculty of Law, University of Calgary.
January 2017 • 304 pages
Hardback • 9781782258605 • £50 / $86
Hart Publishing
38
The cases in this volume range from the fifteenth to the twenty-first century.
Many of them are well known to modern criminal lawyers and students; others
are overlooked landmarks that deserve reconsideration. The essays, often
based on extensive and original archival research, range over a wide spectrum
of criminal law, covering procedure and doctrine, statute and common law,
individual offences and general principles. Together, the essays explore common
themes, including the scope of criminal law and criminalisation, the role of the
jury, and the causes of change in criminal law.
Henry Mares is John Thornely Fellow, and Director of Studies in Law, at Sidney Sussex
College, Cambridge.
Ian Williams is a Lecturer in Law at University College, London.
Phillip Handler is a Senior Lecturer in Law at the University of Manchester.
October 2016 • 376 pages
Hardback • 9781849466899 • £75 / $129
Series: Landmark Cases • Hart Publishing
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Hart Publishing • Criminal Law and Evidence
Criminal Sentencing as
Practical Wisdom
Criminal Law and the Authority
of the State
Graeme Brown
Edited by Petter Asp, Antje du Bois-Pedain &
Magnus Ulväng
How do judges sentence? In particular, how important
is judicial discretion in sentencing? Sentencing
guidelines are often said to promote consistency but is
consistency in sentencing achievable or even desirable?
Whilst the passing of a sentence is arguably the most
public stage of the criminal justice process, there have
been few attempts to examine judicial perceptions of,
and attitudes towards, the sentencing process.
Through interviews with Scottish judges and by presenting a comprehensive
review and analysis of recent scholarship on sentencing – including a
comparative study of UK, Irish and Commonwealth sentencing jurisprudence
– this book explores these issues to present a systematic theory of sentencing.
Through an integration of the concept of equity as particularised justice, the
Aristotelian concept of phronesis (or “practical wisdom”), the concept of value
pluralism, and the focus of appellate courts throughout the Commonwealth on
sentencing by way of “instinctive synthesis”, it is argued that judicial sentencing
methodology is best viewed in terms of a phronetic synthesis of the relevant facts
and circumstances of the particular case. The author concludes that sentencing is
best conceptualised as a form of case-orientated, concrete and intuitive decision
making; one that seeks individualisation through judicial recognition of the
profoundly contextualised nature of the process.
Graeme Brown is a Scottish solicitor and Visiting Research Fellow at the School of Law,
University of Edinburgh.
March 2017 • 256 pages
Hardback • 9781509902613 • £65 / $130
Hart Publishing
Petter Asp is Professor of Criminal Law and Torsten and Ragnar Söderberg Chair in Legal
Science at Stockholm University.
Antje du Bois-Pedain is Senior Lecturer in the Faculty of Law in the University of
Cambridge, and Fellow of Magdalene College, Cambridge
Magnus Ulväng is Professor of Criminal Law at Uppsala University.
November 2016 • 256 pages
Hardback • 9781509905133 • £55 / $94
Series: Studies in Penal Theory and Penal Ethics • Hart Publishing
Drugs Law and Legal Practice
in Southeast Asia
Investigating European Fraud
in the EU Member States
Edited by Daniele Negri
This book constitutes a complete and detailed
overview of the dynamics and rules regarding criminal
investigations in the area of financial-economic
criminality in some of the main legal systems existing
in the EU, providing a knowledge which is nowadays
fundamental in order to effectively protect the Union's
financial interests.
Through a comparative study, the book takes into consideration six different
national legislatures, selected on the basis of their suitability to serve as paradigms
of the different judicial systems existing in the Union. The publication is finally
enriched with cross-sectional essays, which deal with the more general issues at
stake, such as data protection and the future of investigations in the view of the
establishment of the EPPO.
Daniele Negri is Associate Profession of Law in the University of Ferrara.
How does the state, as a public authority, relate to
those under its jurisdiction through the criminal law?
Connecting the ways in which criminal lawyers and
public lawyers address questions of the criminal law’s
legitimacy, contributors to this collection explore issues
such as criminal law-making and jurisdiction; the use of
criminal law to suppress challenges to state authority;
the purposes and mechanisms of state punishment; the value of coherence
in legal systems; the interface between tort and crime; and the importance of
doctrinal guidance in the application of criminal law. Overall, the collection aims
to enhance and deepen our understanding of criminal law by conceiving of the
practices of criminal justice as explicitly and distinctly embedded in the project of
liberal self-governance.
Indonesia, Singapore and Vietnam
Tim Lindsey & Pip Nicholson
This book investigates criminal law and practice
relevant to drugs regulation in three Southeast Asian
jurisdictions: Indonesia, Singapore and Vietnam.
These jurisdictions represent the spectrum of
approaches to drug regulation in Southeast Asia,
highlighting differences in practice between civil and
common law countries and between liberal and authoritarian states.
This book offers the first major English language empirical investigation and
comparative analysis of regulations, jurisprudence, court procedure and practices
relating to drugs law enforcement in these three states.
Tim Lindsey holds the Malcolm Smith Chair of Asian Law, and is Director of the Centre for
Indonesian Law and Islamic Society, in Melbourne Law School, University of Melbourne.
Pip Nicholson is Professor of Law, and Director of the Asian Law Centre, in Melbourne Law
School, University of Melbourne.
June 2016 • 272 pages
Hardback • 9781782258315 • £60 / $104
Hart Publishing
March 2017 • 160 pages
Hardback • 9781509903597 • £50 / $86
Hart Publishing
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39
Hart Publishing • Criminal Law and Evidence
The Integrity of Criminal Process
From Theory into Practice
Edited by Jill Hunter, Paul Roberts, Simon N M Young & David Dixon
Criminal proceedings, it is often now said, ought to be conducted with integrity. But what does this mean? Is integrity in this sense merely an
aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with
robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection,
written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek
to generate further debate about - the theoretical and practical significance of ‘integrity’ at all stages of the criminal process. Reflecting the
flexibility and scope of a putative ‘integrity principle’, the essays range widely over many of the most hotly contested issues in contemporary
criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement;
prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice
testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in sentencing; the ethics of
appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.
Jill Hunter is Professor of Law, University of New South Wales.
Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham and Adjunct Professor, University of New South Wales.
Simon N M Young is Professor of Law, University of Hong Kong.
David Dixon is Professor of Law and Dean of the Faculty of Law, University of New South Wales.
June 2016 • 400 pages
Hardback • 9781849465946 • £75 / $129
Hart Publishing
Criminology and Policing
Life Imprisonment and Human
Rights
Comparative Perspectives on
the Theory and Practice of
Preventive Detention
Edited by Dirk van Zyl Smit & Catherine Appleton
Life imprisonment is the most severe penalty that
can be imposed by the criminal justice system.
Despite this, it is a relatively under-researched form
of punishment and no meaningful attempt has been
made to understand its human rights implications. This
important collection fills that gap by addressing these
two key questions: namely what is life imprisonment
and what human rights are relevant to it? These
questions are explored from the perspective of a range of jurisdictions. In addition
it offers a dual perspective drawing on both empirical and doctrinal research.
Under the editorship of two leading scholars in the field, this innovative and
important work promises to become a landmark publication in the fields of penal
studies and human rights.
Dirk van Zyl Smit is Professor of Human Rights at the University of Nottingham.
Catherine Appleton is lecturer in law at the University of Nottingham.
September 2016 • 416 pages
Hardback • 9781509902200 • £65 / $112
Series: Oñati International Series in Law and Society • Hart Publishing
Edited by Christopher Michaelsen
Preventive coercive measures are an increasingly
common and controversial feature of the legal
landscape in many countries. Examples include the
preventive detention of ‘dangerous’ individuals after
the expiration of their sentences, the involuntary
commitment of ‘dangerous’ individuals to mental
institutions purely to protect the public and the preventive detention of
suspected terrorists not charged with any crimes. The practice raises a range of
important and inter-related legal, criminological, moral, sociological and forensicpsychiatric questions.
This book addresses the political and legal theory on criminal justice and
preventive detention. It contains case studies of more than 20 jurisdictions in
Europe, North America, Latin America and Australia/New Zealand as well as
international human rights law perspectives. It is the first collection of essays
addressing this complex issue from a truly comparative perspective and
brings together internationally renowned scholars from different disciplinary
backgrounds to explore a topic which has generally been under-researched.
Christopher Michaelsen is Associate Professor at the University of New South Wales.
August 2016 • 276 pages
Hardback • 9781849467421 • £53 / $91
Series: Oñati International Series in Law and Society • Hart Publishing
40
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Hart Publishing • Criminology and Policing
Trust in International Police
and Justice Cooperation
Criminologies of the Military
Edited by Saskia Hufnagel & Carole McCartney
Edited by Andrew Goldsmith, Ben Wadham &
Mark Halsey
The use of extra-territorial intelligence is growing
among security, border, and public agencies and
internationally, rapidly evolving efforts to tackle
transnational crime entail the exchange of intelligence
across jurisdictions and state borders as well as the
‘linking’ of law enforcement operations. This book
provides a number of different perspectives from across
Europe, Australasia and Canada to examine recent
cooperation experiences and the challenges faced in practice.
The book brings together scholars from a range of legal and criminological fields
to examine the legal imperatives and social parameters that shape international
police and justice cooperation and highlights the importance of both trust and
clear legal rules to ensure effective cooperation.
Saskia Hufnagel is a Lecturer in Criminal Law at Queen Mary University of London.
Carole McCartney is a Reader in the School of Law at Northumbria University.
Militarism, National Security and Justice
This innovative collection offers one of the first analyses
of criminologies of the military from an interdisciplinary
perspective. Criminologists have commented in detail
in the past on the military; war crimes for example, is
a well discussed topic. This collection looks at those
equally important, but less explored aspects, such as
private military actors, insurgents and paramilitary
groups. The contributions, by leading experts in the field, have a broad reach and
take a truly global approach to the subject.
Andrew Goldsmith is Strategic Professor of Criminology, Ben Wadham is Associate
Professor and Mark Halsey is Professor of Law, all at Flinders University.
December 2016 • 432 pages
Hardback • 9781509904860 • £70 / $120
Series: Oñati International Series in Law and Society • Hart Publishing
August 2016 • 272 pages
Hardback • 9781849467681 • £53 / $91
Series: Oñati International Series in Law and Society • Hart Publishing
Reimagining Restorative
Justice
Policing Global Risks
The Transnational Security Consultancy
Industry
Conor O'Reilly
In this detailed examination and theorisation of
transnational security consultancy, Conor O'Reilly
presents a timely critique of an industry that is
well-placed to harness contemporary global security
anxieties. Mass casualty terrorist attacks such as 9/11,
corporate scandals such as Enron, ongoing conflicts
in Afghanistan and Iraq and the insecurity surrounding pandemics, have all lent
further impetus to the transnational ascendancy of leading security consultancy
firms. Through in-depth examination of the expanding transnational policing
remit of leading firms, this book provides novel insights into transnational security
governance and promotes a more nuanced appreciation of the transnational
commercial security field. By proposing the concept of state-corporate symbiosis,
it further examines the role of transnational security consultancy firms in the
pursuit of mutually beneficial objectives across the state-corporate security nexus,
as well as across borders.
Conor O'Reilly is Associate Professor in Transnational Crime and Security at the University
of Leeds.
March 2017 • 272 pages
Paperback • 9781841138138 • £45 / $77
Hart Publishing
Agency and Accountability in the
Criminal Process
David O'Mahony & Jonathan Doak
In recent years there has been a dramatic growth
in alternative responses to criminal offending. The
use of mediation and restorative approaches have
emerged as important innovations which exert a
strong influence in many criminal justice systems.
This growth has occurred at European and international levels with initiatives
grounded in restorative principles. International instruments have increasingly
viewed restorative- and mediation-based interventions as a legitimate means
of delivering justice. However such programmes vary considerably in terms of
what they do and how they seek to achieve their outcomes. These divergences
present considerable challenges when trying to make sense of both restorative
justice and mediation in the context of criminal justice. This book bridges that
gap, offering a comprehensive analysis of how mediation and restorative practice
have developed in theory and how the theory can be related to the most recent
international experiences of what works and how it works. It looks specifically at
the interface between law and criminal justice processes on the one hand, and
mediation and restorative justice practices on the other. The book explores why
programmes have developed very successfully in some jurisdictions, yet have
failed to take root, or are simply not used in others. In providing a comprehensive
synthesis of theory, law and practice the book draws from the most recent
research to provide a detailed analysis that will help shape future developments
of restorative justice and mediation in criminal justice.
David O'Mahony is Professor of Law at Essex Law School.
Jonathan Doak is a Reader at Nottingham Law School, Nottingham Trent University.
November 2016 • 288 pages
Paperback • 9781849460569 • £25 / $43
Hart Publishing
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41
Energy, Environmental and Natural Resources Law
A Guide to the National Planning Policy Framework
Law and Practice
Edited by Gregory Jones QC
The National Planning Policy Framework (NPPF) is the key pillar in the government's aim of 'Delivering sustainable development and getting
Britain building'. Launched on 27 March 2012 the NPPF seeks to set out the entirety of the government's policy for town planning in a single
document. The government claims it has three fundamental aims: 'To put unprecedented power in the hands of communities to shape the
places in which they live; to better support growth to give the next generation the chance that our generation has had to have a decent home,
and to allow the jobs to be created on which our prosperity depends; and to ensure that the places we cherish - our countryside, towns and
cities - are bequeathed to the next generation in a better condition than they are now.' The NPPF became a material planning consideration
for all town planning decisions in England immediately upon its publication. This book provides clear practical guidance and commentary on
the NPPF by reference to ministerial, planning inspectorate decisions and court judgments. Written by an expert team of specialist planning
barristers from the leading planning chambers of Francis Taylor Building it provides the essential guide to signpost the reader through the new world of the NPPF.
Gregory Jones QC is a barrister at Francis Taylor Building and a Visiting Lecturer at King’s College London.
October 2016 • 224 pages
Paperback • 9781849464475 • £50 / $77
Hart Publishing
The Strategic Environmental
Assessment Directive
International Environmental
Law
A Plan for Success?
Ulrich Beyerlin & Thilo Marauhn
Edited by Gregory Jones & Eloise Scotford
The Strategic Environmental Assessment Directive
(Directive 2001/42/EC) (SEA) has been a lurking legal
presence in EU and UK environmental law. Plainly
of considerable significance in relation to strategic
governmental plans and programmes, its practical
implications are only now just beginning to be worked
through. Legal challenges to decisions made even at the highest policy level are
being brought on the back of the SEA Directive. This book is a comprehensive
analysis of all aspects of the Directive, from its history and scope, to its impact
on governmental policy and its implications in practice. The book is both timely,
in light of key cases such as Case C-567/10 Inter-Environnement Bruxelles and
HS2, and forward-looking, as it considers and projects future legal implications
of the SEA Directive. Written by a blend of distinguished academics and leading
practitioners it provides an in-depth critique and rounded appreciation of both
the immediate practical effects of SEA and its wider impact on European and UK
environmental law.
Gregory Jones QC is a barrister at Francis Taylor Building and a Visiting Lecturer at King’s
College London.
Eloise Scotford is a Lecturer in Environmental Law at the Dickson Poon School of Law,
King's College London.
September 2016 • 264 pages
Hardback • 9781849466332 • £68 / $117
Hart Publishing
42
The new edition of this market leading textbook
offers the most current overview of international
environmental law. Written for students it provides a
fresh understanding of international environmental
law as a whole, seen in the light of climate change,
biodiversity loss, and the other serious environmental
challenges facing the world. The new edition retains
the manageable size of the first, with careful selection
of topics and the adoption of a cross-cutting synthesis of regulatory interaction in
the field. It also places international environmental law in the broader context of
public international law in general, revealing at the same time that international
environmental law is experimental ground for developing new legal approaches
towards global governance. Combining theory and practice, clarity and
comprehension, the authors have written a textbook which should be required
reading for all students of the subject.
Ulrich Beyerlin was Professor of Public Law and International Law at the Max Planck
Institute for Comparative Public Law and International Law and at the University of
Heidelberg.
Thilo Marauhn is Professor of Public Law, International and European Law at the University
of Giessen, Germany.
September 2016 • 512 pages
Paperback • 9781782259077 • £35 / $60
Hart/Beck
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
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Hart Publishing • Energy, Environmental and Natural Resources Law
Environmental Principles and
the Evolution of Environmental
Law
Integrated Water Resources
Regulation in European Union
and English Law
Eloise Scotford
William Howarth
Environmental principles proliferate in domestic
international legal and policy discourse – from the
polluter pays and precautionary principles to the
principles of integration and sustainability – reflecting
key goals of environmental protection and sustainable
development on which there is apparent political
consensus. Environmental principles also have a high profile in environmental
law, beyond their popularity as policy and political concepts, as ideas that
might unify the subject and provide it with conceptual foundations or boost
its delivery of environmental outcomes. However, environmental principles are
elusive concepts in environmental law – their meanings and legal functions are
ambiguous, and they have varying histories in different jurisdictions. This book
aims to deepen the legal understanding of environmental principles in light of
recent legal developments. To this end, it analyses closely the increasing legal
effects of environmental principles in different jurisdictions to demonstrate
how they are in fact shaping and revealing innovative bodies of environmental
law. This analysis is a step forward in understanding a key feature of modern
environmental law, as well as being a contribution to environmental policy
debates and discussions internationally that rely heavily on environmental
principles, including their supposed legal effects.
Eloise Scotford is a Lecturer in Environmental Law at the Dickson Poon School of Law,
King's College London.
October 2016 • 288 pages
Hardback • 9781849462976 • £45 / $77
Hart Publishing
Water, once seen as the most dispensable of
commodities, is now finally being recognised as
one of our most important resources. In light of this,
water management has become a key concern for
both environment law scholars and practitioners. This
important new work explores the field, giving readers
invaluable insight into the strategic priorities for water management and the role
of regulation in ensuring its advancement. Though it takes a primarily academic
perspective, the work’s informed and thoughtful coverage makes it essential
reading for all those involved in both the policy and the practice of water
management at national and EU levels.
William Howarth is Professor of Environmental Law at the University of Kent.
March 2017 • 304 pages
Hardback • 9781782257424 • £55 / $94
Hart Publishing
Global Environmental
Constitutionalism in the
Anthropocene
Louis J Kotzé
Documents in International
Environmental Law
Edited by Maria Gavouneli & Ilias Plakokefalos
International environmental law is now a standard
course for both undergraduate and postgraduate law
students all over the world. This collection follows the
essential structure of environmental regulation in an
attempt to provide a clear picture of the mechanics of
the system. It is comprised of a 'General Part' (general
principles, procedural obligations and civil liability
and non-compliance procedures); selected 'Sectoral
Regimes' (the fundamental elements of the natural environment: habitat, sea,
atmosphere, freshwater resources, polar regions, and the primary regimes
of man-made intervention: nuclear power, chemicals, waste); and 'Interface
Regimes' (trade and environment, human rights and environment, armed conflict
and the environment). The multitude of often interconnected, international
environmental documents is categorized in a way that the interactions between
the international and the regional as well as the general and the sectoral become
immediately obvious. An advantage of this collection is the comprehensive index
that will provide a quick starting point for research in cross-cutting themes. This
collection will appeal to students and lecturers alike as it covers all aspects of a
course on the topic. It is also a useful desk reference for research students and
scholars as well as environmental and international law practitioners.
There is persuasive evidence suggesting we are on
the brink of human-induced ecological disaster that
could change life on Earth as we know it. There is also
a general consensus among scientists about the pace
and extent of global ecological decay, including a
realisation that humans are central to causing the global
ecological crisis. This new epoch has been called the Anthropocene. This book
seeks to answer this central question: from the perspective of the Anthrocopene,
what is environmental constitutionalism and how could it be extrapolated to
formulate a global framework? In answering this question, this book offers the first
systematic conceptual framework for global environmental constitutionalism in
the era of the Anthrocopene.
Louis J Kotzé is Research Professor of Law at the Faculty of Law of the North West
University, South Africa.
August 2016 • 272 pages
Hardback • 9781509907588 • £60 / $104
Hart Publishing
Maria Gavouneli is Assistant Professor of International Law at the University of Athens.
Ilias Plakokefalos is a Senior Research Fellow at the Amsterdam Center for International
Law, University of Amsterdam.
September 2016 • 748 pages
Paperback • 9781849466189 • £49.99 / $86
Series: Documents in International Law • Hart Publishing
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43
Equity and Trusts
Rationalising Constructive Trusts
Ying Khai Liew
It is trite that constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it is necessary for
their imposition to be properly rationalised. Unfortunately, a generally accepted justificatory framework has yet to be attained. Rationalising
Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By exploring the real-world events which
trigger constructive trusts, as well as analysing how constructive trusts relate to parties’ rights and duties, it provides answers to a number of
crucial questions. For example: what are the ingredients of a constructive trust claim; what are the limits of constructive trusts; how can we
rationalise the imposition of constructive trusts in particular situations; why do judges exercise different degrees of remedial discretion in
different doctrines? From a wider perspective, it explains how the renewed understanding helps us to appreciate the precise ambit and role of
express, constructive, and resulting trusts.
Ying Khai Liew is a Lecturer at the Faculty of Laws, University College London.
March 2017 • 342 pages
Hardback • 9781849465960 • £65 / $130
Series: Hart Studies in Private Law • Hart Publishing
Equitable Compensation and
Disgorgement of Profit
Litigating Trust Disputes in
Jersey
Edited by Simone Degeling & Jason NE Varuhas
Law, Procedure & Remedies
This book considers in detail a number of issues at the
forefront of scholarship and legal practice in equitable
compensation, including the relevant causation
inquiry for equitable compensation; whether notions
of contribution apply to multiple agents; accessorial
liability and equitable compensation; the role of
discretion in limiting equitable compensation; and
which wrongs yield equitable compensation. We
customarily award equitable compensation for breach of fiduciary duty, but query
what other wrongs are remedied by an award and the ambit of this remedy,
and the interrelationship between different types of equitable money remedies.
In addressing these issues the book includes both doctrinal and theoretical
perspectives, and brings together leading equity scholars and judges from across
the common law world.
Simone Degeling is Professor of Private Law in the University of New South Wales.
Jason NE Varuhas is Associate Professor, University of Melbourne and Associate Fellow,
Centre for Public Law, University of Cambridge.
February 2017 • 304 pages
Hardback • 9781509901456 • £65 / $130
Series: Hart Studies in Private Law • Hart Publishing
Stephen Baker & James Sheedy
This book is the first comprehensive guide to litigating
trust disputes in Jersey, covering law, procedure and
remedies. It expertly explains the enormous body of
case law and custom on many important practical
elements of the Island’s litigation procedure, which
remain un-codified and are not available to the public
and are largely inaccessible. It analyses the complex rules for the commencement
and service of proceedings, both on and off the Island, and the largely case law
based rules of limitation, which are not easy to navigate and which merit close
examination. Other significant features of Jersey’s jurisdiction are explained: it is
highly active in relation to the variation of trusts and directions to trustees, which
are subject to the Island’s own trust law and procedure, and frequently allows
private hearings, which are a complex and controversial phenomenon.
The book is therefore an indispensable tool for any practitioner whose client
is either a protector/enforcer, a trustee or a beneficiary that has an exposure
to Jersey; matrimonial lawyers seeking trust information or trust documents
for the purposes of ancillary relief or analogous proceedings and Foreign law
enforcement authorities and insolvency practitioners seeking asset recovery
against assets subject to trusts with a connection to Jersey.
Stephen Baker is Senior Partner and James Sheedy is Associate, both at Baker and
Partners.
January 2017 • 560 pages
Hardback • 9781782256809 • £275 / $430
Hart Publishing
44
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European Law
Brexit
Air Passenger Rights
The Legal Framework for Withdrawal from
the EU or Renegotiation of EU Membership
Ten Years On
Steve Peers
There is no doubt that the current scrutiny and debate
on the UK relationship with the European Union has
seen the topic dominate the political landscape.
Though the debate about withdrawal or renegotiation
will be a primarily political and economic one, either
outcome would be defined in substance by a legal
process. Inevitably, the answers to key political and economic questions will be
dependent upon the legal framework. This book will offer a close examination of
the legal issues at the core of the UK’s relationship with the EU to show how they
will inform and influence that relationship’s future evolution. Written by one of
the key commentators in the field, it will appeal to academics and practitioners. In
addition, given the importance and topicality of the subject, it should also appeal
to a non-legal readership.
Steve Peers is Professor of European Law at the University of Essex.
October 2016 • 240 pages
Hardback • 9781849468749 • £40 / $69
Hart Publishing
EU Criminal Law after Lisbon
Rights, Trust and the Transformation of
Justice in Europe
Valsamis Mitsilegas
This monograph is the first comprehensive analysis of
the impact of the entry into force of the Treaty of Lisbon
on EU criminal law. By focusing on key areas of criminal
law and procedure, the book assesses the extent to
which the entry into force of the Lisbon Treaty has
transformed European criminal justice and evaluates
the impact of post-Lisbon legislation on national criminal justice systems. The
monograph examines the constitutionalisation of EU criminal law after Lisbon,
by focusing on the impact of institutional and constitutional developments in
the field including the influence of the EU Charter of Fundamental Rights on
EU criminal law. The analysis covers aspects of criminal justice ranging from
criminalisation to judicial co-operation to prosecution to the enforcement of
sanctions. Throughout the book, the questions of the UK participation in Europe’s
area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal
law are examined. The book concludes by highlighting the possibilities that the
Lisbon Treaty opens for the development of a new paradigm of European criminal
justice, which places the individual (and not the state), and the protection of
fundamental rights (and not security) at its core.
Valsamis Mitsilegas is Head of the Department of Law, Professor of European Criminal Law
and Director of the Criminal Justice Centre at Queen Mary, University of London.
June 2016 • 288 pages
Hardback • 9781849466486 • £50 / $86
Series: Hart Studies in European Criminal Law • Hart Publishing
Edited by Michal Bobek & Jeremias Prassl
Regulation 261/2004 on Air Passengers’ Rights has been
amongst the most high-profile pieces of EU secondary
legislation of the past years, generating controversial
judgments of the Court of Justice, from ex parte IATA to
Sturgeon. The Regulation has led to equally challenging
decisions across the Member States, ranging from
judicial enthusiasm for passenger rights to domestic
courts holding that a Regulation could not be relied
upon by an individual claimant or even threatening outright to refuse to apply its
provisions. The economic stakes are significant for passengers and airlines alike,
and despite the European Commission’s recent publication of reform proposals,
controversies appear far from settled.
At the same time the Regulation should, according to the Treaty, have uniform,
direct and general application in all the Member States of the Union. How, then,
can this diversity be explained? What implications do the diverging national
interpretations have for the EU’s regulatory strategy at large? This book brings
together leading experts in the field to present a series of case studies from 15
different Member States as well as the extra-territorial application of Regulation
261, combined with high-level analysis from the perspectives of Aviation law and
EU law.
Michal Bobek is Professor of European Law at the College of Europe and research fellow at
the Institute of European and Comparative Law, University of Oxford.
Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, and a
Tutorial Fellow at Magdalen College, Oxford.
January 2016 • 400 pages
Hardback • 9781849468244 • £60 / $103
Series: EU Law in the Member States • Hart Publishing
The Political Constitution of EU
Criminal Law
Choices of Legal Basis and their
Consequences in the New Constitutional
Framework
Samuli Miettinen
How is EU criminal legislative competence regulated
after the Lisbon Treaty? Is it based on a legal
constitution, reviewed by judges, or should the system
be described as a political constitution, largely in the
hands of the legislature? This study asks what powers have been conferred on
the Union in the field of substantive criminal law and how the exercise of its
powers may be reviewed after the entry into force of the Lisbon Treaty. The
questions raise a wide range of issues relevant to EU criminal law, but also to EU
constitutional, administrative and institutional law.
Samuli Miettinen is Lecturer in Law at the University of Helsinki.
March 2017 • 320 pages
Hardback • 9781509906246 • £60 / $90
Series: Hart Studies in European Criminal Law • Hart Publishing
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45
Hart Publishing • European Law
Uniformity of Customs
Administration in the
European Union
The Impact of Union
Citizenship on the EU's Market
Freedoms
Kathrin Limbach
Alina Tryfonidou
Uniform customs administration is of great importance
for the EU and the competitiveness of EU businesses
in global trade. However, the EU’s so-called executive
federalism raises the potential for the non-uniform
application of EU customs law. This problem has
already arisen in the European Communities – Selected
Customs Matters WTO dispute settlement. Therefore, the central research question
of this book concerns the challenge presented to executive federalism in the
EU Customs Union by the WTO. It also examines those safeguard measures
for uniform customs administration which are in operation. Valuable empirical
analysis of the decision-making procedures and practices of the national customs
authorities allows for the fullest understanding of the operation of the customs
administration. An important feature of the exploration is its analysis of the reform
of EU customs law and of the effectiveness of the European Union’s strategies to
enhance uniform customs administration. That analysis helps to identify potential
weak points in the decentralised administration of EU customs law and suggests
ways in which it might be improved. Scholarly, rigorous and timely, this important
study will be required reading for all scholars of EU customs law.
Kathrin Limbach is a Research Associate at the German Research Institute for Public
Administration at Speyer.
This book aims to consider the impact that Union
citizenship has had on the interpretation of the
EU's market freedoms. After its opening which
sets out a comprehensive analysis of the status of
Union citizenship, the book proceeds to provide an
examination of the relationship between this status and
the Union's market freedoms. The book’s central argument is that the creation of
a meaningful status of Union citizenship has meant the market freedoms have
been reconceptualised as fundamental and that Union citizenship, rights and
their interpretation have adapted accordingly.
The work then considers where this transformation might lead to in the future.
It looks, in particular, at the method which the Court has employed to facilitate
the metamorphosis of the market freedoms into citizenship rights which has led
to criticisms on the grounds of legitimacy. It goes on to suggest ways in which
these difficulties may be overcome. This is an important new statement of Union
citizenship and its central role in European law.
Alina Tryfonidou is Associate Professor in EU Law, University of Reading.
February 2016 • 288 pages
Hardback • 9781849461672 • £50 / $86
Series: Modern Studies in European Law • Hart Publishing
November 2015 • 376 pages
Hardback • 9781782256724 • £55 / $95
Series: Modern Studies in European Law • Hart Publishing
The Pluralist Character of
the European Economic
Constitution
Equal Citizenship and Its Limits
in EU Law
We The Burden?
Päivi Johanna Neuvonen
This book is a critical study of the scope of EU
citizenship as an ‘equal status’ of Member State
nationals. It re-conceptualises the relationship between
the status of citizenship and citizens’ right to equal
treatment by asking what indicates the presence
of agency in EU law. Drawing on case-law analysis,
the work argues that the neo-liberal view of active citizenship in EU law fails
to explain how citizens should be treated in relation to one another and or
what counts as ‘related’ for the purposes of equal treatment in a transnational
context. It suggests that a more balanced view of agency can be based on
the connection between citizens’ agency and their subjectivity. This analysis
provides an philosophical account of transnational equality by showing that a
new source of ‘meaningful relationships’ arises from recognizing and treating EU
citizens as full subjects of EU law and European integration. The book makes a
significant contribution to the field both in two ways. Firstly it demonstrates that
the undefined nature of EU citizenship is a question about transnational justice.
Secondly it provides a framework within which the normative indeterminacy of
EU citizenship can addressed within the constitutional order of the EU.
Clemens Kaupa
This monograph intervenes in the long-standing and
controversial debate on the socio-economic orientation
of the European Union. Arguing that the European
economic constitution is pluralist in the sense that it
does not favour any specific socio-economic model,
it shows that internal market law allows the pursuit of
very different regulatory projects by the European and the national legislators.
The book takes an interdisciplinary approach: the three main chapters analyse the
history of the internal market, its regulatory purpose in the light of current socioeconomic conflicts and its textual basis as interpreted and developed in the case
law of the Court of Justice of the European Union.
By challenging the orthodoxy, the book makes a bold proposition that will likely
resonate in both internal market law scholarship and European law in general.
With the ongoing economic crisis triggering a significant interest in economic
questions among legal scholars it is particularly timely and topical.
Clemens Kaupa is Assistant Professor at VU University Amsterdam.
June 2016 • 384 pages
Hardback • 9781849467698 • £50 / $86
Series: Modern Studies in European Law • Hart Publishing
Päivi Johanna Neuvonen is a Post-doctoral Research Fellow at The Policy Research Centre
on Equality Policies, KU Leuven.
March 2016 • 232 pages
Hardback • 9781782258155 • £55 / $95
Series: Modern Studies in European Law • Hart Publishing
46
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Hart Publishing • European Law
European Law on Unfair
Commercial Practices and
Contract Law
The Principles of Corporate
Sentencing in EU Law
Mateja Durovic
The EU is strengthening its grip on national criminal law
in its fight against corporate crime, and the punishment
of corporations features prominently among its
concerns. However its current efforts to approximate
Member States’ criminal laws are weakened by the
diversity of national sentencing rules and a thorough
analysis of corporate sentencing is lacking both at the
level of the EU and in most national systems.
The book examines the ambiguous relationship
between the European law on unfair commercial
practices and contract law. In particular, the book
demonstrates that the Directive 2005/29/EC on unfair
commercial practices (UCPD) has had a major impact
on contract law, despite the declaration concerning
the formal independence between the two branches of law established by
Article 3(2) UCPD. The insights and conclusions identified in the book contribute
to a better understanding of European private law and the general process
of Europeanization of private law in the European Union, and in particular of
contract law.
Mateja Durovic is Assistant Professor at School of Law of the City University of Hong Kong.
June 2016 • 240 pages
Hardback • 9781782258117 • £55 / $110
Series: Modern Studies in European Law • Hart Publishing
Vanessa Franssen
In this important book Vanessa Franssen provides, for the first time, a
comprehensive account of the principles governing corporate sentencing in EU
law, drawing on comparative scholarship of Member State legal systems as well
as EU law, and makes practical suggestions for corporate sentencing goals that
should be pursued by the EU. The book addresses academics, judges, practising
lawyers, civil servants and anyone who wants to learn more about this fascinating
topic of EU law.
Vanessa Franssen is an Assistant Professor at the Institute of Criminal Law, KU Leuven.
December 2016 • 476 pages
Hardback • 9781849466509 • £78 / $134
Series: Modern Studies in European Law • Hart Publishing
Exceptions from EU Free
Movement Law
Derogation, Justification and Proportionality
Edited by Panos Koutrakos, Niamh Nic Shuibhne
& Phil Syrpis
This collection of essays brings together contributions
from judges, legal scholars and practitioners in order
to provide a comprehensive assessment of the law
and practice of exceptions from the principle of free
movement.
It aims:
– to conceptualise how justification arguments relating to exceptions to free
movement operate in the case law of the Court of Justice of the European
Union and national courts;
–to develop a comprehensive and original account of empirical problems on the
application of proportionality;
–to explore the legal and policy issues which shape the interactions between
the EU and national authorities, including national courts, in the context of the
efforts made by Member States to protect national differences.
The book analyses economic, social, cultural, political, environmental and
consumer protection justifications. These are examined in the light of the
rebalancing of the EU constitutional order introduced by the Lisbon Treaty and
the implications of the financial crisis in the Union.
Panos Koutrakos is Professor of European Union Law at City University London.
Niamh Nic Shuibhne is Professor of European Union Law at the University of Edinburgh.
Phil Syrpis is Reader in Law at the University of Bristol.
August 2016 • 352 pages
Hardback • 9781849466202 • £70 / $120
Series: Modern Studies in European Law • Hart Publishing
Human Rights Between Law
and Politics
The Margin of Appreciation in PostNational Contexts
Edited by Petr Agha
This book analyses human rights in post-national
contexts and demonstrates, through the case law of
the European Court of Human Rights, that the Margin
of Appreciation doctrine is an essential part of human
rights adjudication.
Current approaches have tended to stress the instrumental value of the Margin
of Appreciation, or to give it a complementary role within the principle of
proportionality, while others have been wholly critical of it. In contradiction to
these approaches this volume shows that the doctrine is a genuinely normative
principle capable of balancing conflicting values. It explores to what extent the
tension between human rights and politics, embodied in the doctrine, might
be understood as a mutually reinforcing interplay of variables rather than an
entrenched separation. By linking the interpretation of the Margin of Appreciation
doctrine to a broader conception of human rights, understood as complex
political and moral norms, this volume argues that the doctrine can assist in the
formulation of the common good in light of the requirements of the Convention.
Petr Agha is a Deputy Director of the Centre for Law and Public Affairs, Researcher at the
Institute of State and Law, Czech Academy of Sciences and a Lecturer at the Faculty of Law
of Charles University in Prague.
September 2016 • 224 pages
Hardback • 9781849468657 • £60 / $103
Series: Modern Studies in European Law • Hart Publishing
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47
Hart Publishing • European Law
Marketing and Advertising
Law in a Process of
Harmonization
Edited by Ulf Bernitz & Caroline Heide-Jörgensen
The law on marketing and advertising has undergone
profound changes based on the EU directives on unfair
commercial practices and misleading and comparative
advertising. The legislation partially requires full
harmonization and contains a comprehensive blacklist
of prohibited practices. However, in other areas only
minimum harmonization is required. A comprehensive case law from the EUCJ
has emerged but still many issues remain open, unclear and debated. The EU
Commission has an active interest in the field and has published numerous
reports on the question. In addition it has developed revised, comprehensive
guidelines on marketing business to consumer (B2C) which are fully discussed
here. Further Commission initiatives in the area on business to business (B2B)
marketing are also in the making, underlining the importance of this new
collection.
Ulf Bernitz is a visiting professor at the Institute for European and Comparative Law,
Oxford and a director of the Stockholm Institute of European Law.
Caroline Heide-Jörgensen is Professor of European Law at the University of Copenhagen.
September 2016 • 256 pages
Hardback • 9781509900671 • £55 / $94
Series: Modern Studies in European Law • Hart Publishing
The Italian Parliament in the
European Union
Edited by Nicola Lupo & Giovanni Piccirilli
This important new collection explores the role of the
Italian Parliament in the Euro-national parliamentary
system as an should be example of an increased role for
national parliaments within the European constitutional
order. It illustrates how the parliamentary interactions
within the European Union are highly systematic, with
integrated procedures and mutual interdependence
between the various stakeholders. This work argues
that this dynamic is vital for both the functioning and the future equilibrium
of democracy in the EU. This is significant, particularly given the challenges
posed to democracy within the EU institutions and the Member States. The
Euro-national parliamentary system can be seen to have three key effects: the
Europeanisation of national policies through national parliaments’ involvement
in the multilevel decision-making; the rise of national parliaments in the EU
composite constitutional order; and the enhancement of the more classical tools
of inter-parliamentary cooperation.
Nicola Lupo is Professor of Public Law and Giovanni Piccirilli is Research Fellow, both at
LUISS Guido Carli University.
March 2017 • 464 pages
Hardback • 9781782258735 • £55 / $130
Series: Parliamentary Democracy in Europe • Hart Publishing
The EU Charter of
Fundamental Rights as a
Binding Instrument
Interparliamentary
Cooperation in the Composite
European Constitution
Five Years Old and Growing
Edited by Nicola Lupo & Cristina Fasone
This volume analyses the place and the functioning of
interparliamentary cooperation in the EU composite
constitutional order, taking into account both the
European and the national dimensions. The chapters
included join the recent scholarship on the role
of parliaments in the EU after the Treaty of Lisbon,
scholarship which, however, has substantially overlooked the constitutional
significance of interparliamentary cooperation as a permanent feature of EU
democracy and as a new parliamentary function.
The volume discusses the developments in interparliamentary cooperation and
its implications for the organisation and procedures of national parliaments and
the European Parliament, for the fragmented executive of the EU, and for the
democratic legitimacy of the overall EU composite Constitution. These issues are
examined by looking at the EU legislative process, the European Semester and
the Treaty revisions. Moreover, the contributions take into account the effects
of interparliamentary cooperation on the internal structure of parliaments and
analyse the different models of interparliamentary cooperation, ie from COSAC to
the new Interparliamentary Conference on Stability, Economic Coordination and
Governance in the European Union provided by the Fiscal Compact.
Nicola Lupo is Professor of Public Law and Cristina Fasone is Assistant Professor of
Comparative Law, both at LUISS Guido Carli University.
April 2016 • 336 pages
Hardback • 9781782256977 • £60 / $120
Series: Parliamentary Democracy in Europe • Hart Publishing
48
Edited by Sybe de Vries, Ulf Bernitz & Stephen
Weatherill
The entry into force of the Treaty of Lisbon in 2009
caused the EU's Charter of Fundamental Rights
to be granted binding effect. This raised a host of
intriguing questions. Would this transform the EU's commitment to fundamental
rights? Should it transform that commitment? How, if at all, can we balance
competing rights and principles? (The interaction of the social and the economic
spheres offers a particular challenge). How deeply does the EU conception of
fundamental rights reach into and bind national law and practice? How deeply
does it affect private parties? How much flexibility has been left to the Court in
making these interpretative choices? What is the likely effect of another of the
reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to
the ECHR? This book addresses all of these questions in the light of five years of
practice under the Charter as a binding instrument.
Sybe de Vries is Professor of EU Single Market Law and Fundamental Rights and the Jean
Monnet Chair at the Europa Institute of Utrecht University.
Ulf Bernitz is Professor of European Law at Stockholm University, director of the Stockhom
Institute of European Law and director of the Oxford/Stockholm Venture in European Law.
Stephen Weatherill is Professor of European Law at the University of Oxford, a Fellow of
Somerville College and Deputy Director for European Law in the Oxford Law Faculty’s
Institute of European and Comparative Law.
December 2015 • 416 pages
Hardback • 9781782258254 • £70 / $120
Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing
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Hart Publishing • European Law
The Images of the Consumer in
EU Law
EU Civil Justice
Legislation, Free Movement and
Competition Law
Edited by Burkhard Hess, Maria Bergström & Eva
Storskrubb
Edited by Dorota Leczykiewicz & Stephen
Weatherill
This book consists of contributions exploring from
different perspectives the ‘images’ of the consumer
in EU law. The images of the consumer form the
foundation for various EU policies, more or less directly
oriented towards the goal of consumer protection. The purpose of the volume is
to establish what visions of the consumer there are in different contexts of EU law,
whether they are consistent, and whether EU law’s engagement with consumerrelated considerations is sincere or merely instrumental to the achievement of
other goals. The chapters discuss how consumers should be protected in EU
contract, competition, free movement and trade mark law. They reflect on the
limits of the consumer empowerment rationale as the basis for EU consumer
policy. The chapters look also at the variety of concerns consumers might have,
including the cost of goods and services, access to credit, ethical questions of
consumption, the challenges of excessive choice and the possibility to influence
the content of regulatory measures, and explore the significance of these issues
for the EU’s legislative and judicial process.
Dorota Leczykiewicz is Associate Professor in the Faculty of Law of the University of
Oxford, and a Fellow of St Peter's College.
Stephen Weatherill is the Jacques Delors Professor of European Law at the University of
Oxford and a Fellow of Somerville College.
January 2016 • 488 pages
Hardback • 9781849465441 • £75 / $129
Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing
Swedish Perspectives on
Private Law Europeanisation
Edited by Annina H Persson & Eleonor
Kristoffersson
As part of the European integration, an ambitious
programme of harmonisation of European private law
is taking place. This new edition in the Swedish Studies
in European Law series, the work of both legal scholars
and politicians, aims to create a modern codification in
the tradition of the great continental codifications such
as the BGB and the Code Civil. A significant step towards
this development was taken in 2009 by the creation of the Draft Common Frame
of Reference which contains model rules for a large part of central private law.
The process raises a number of questions. What are the advantages and
disadvantages of such an intensive process of harmonisation? Are there lessons
to be learnt from the Europeanisation of private law through history? Are there
any further steps which have been taken in order to create a European private
law? What is the future of European private law? These crucial questions were
discussed at a conference in Stockholm, sponsored by the Swedish Network of
European Legal Studies. This important volume includes the answers offered by
leading scholars in the field.
Current Issues and Future Outlook
This seventh volume in the Swedish Studies in European
Law series brings together some of the most prominent
scholars working within the fast-evolving field of EU civil
justice. Civil justice has an impact on matters involving,
inter alia, family relationships, consumers, entrepreneurs,
employees, small and medium-sized businesses and
large multinational corporations. It therefore has great
power and potential. Over the past 15 years a wealth of EU measures have been
enacted in this field. Issues arising from the implementation thereof and practice
in relation to these measures are now emerging. Hence, this volume will explore
the benefits as well as the challenges of these measures. The particular themes
covered include forum shopping, alternative dispute resolution, simplified
procedures and debt collection, family matters and collective redress. In addition,
the deepening of the field that continues post-Lisbon has occasioned a new level
of regulatory and policy challenges. These are discussed in the final part of the
volume which focuses on mutual recognition also in the broader European law
context of integration in the area of freedom, security and justice.
Burkhard Hess is Director at the Max Planck Institute Luxembourg for International,
European and Regulatory Procedural Law.
Maria Bergström is Associate Professor of European Law and Senior Lecturer in EU law at
the Faculty of Law, Uppsala University.
Eva Storskrubb is Marie Curie Research Fellow at the Faculty of Law, Uppsala University.
January 2016 • 384 pages
Hardback • 9781849466820 • £60 / $103
Series: Swedish Studies in European Law • Hart Publishing
The Law of the European Court
Kieran Bradley
This book provides a clear and concise examination
and analysis of the structure and functioning of the
Court of Justice of the European Union. It will explore
the Court’s place in the EU’s institutional framework
and those legal proceedings through which it carries
out its judicial activity. In addition to looking at how
the Court is composed and practical questions
regarding its functions, it also will show how the Court
has interpreted its own jurisdiction. By placing its
examination in a wider context it will appeal to academics and students as well as
Union and national officials.
Kieran Bradley is a Judge of the European Union Civil Service Tribunal.
February 2017 • 352 pages
Paperback • 9781509900718 • £28.99 / $50
Hart Publishing
Annina H Persson is Professor in Private Law and Eleonor Kristoffersson is Professor in Tax
Law, both at Örebro University, Sweden.
May 2016 • 160 pages
Hardback • 9781849466974 • £55 / $95
Series: Swedish Studies in European Law • Hart Publishing
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49
Hart Publishing • European Law
EU Immigration and Asylum
Law
National and Regional
Parliaments in the EULegislative Procedure PostLisbon
A Commentary
Edited by Kay Hailbronner & Daniel Thym
National rules on immigration and asylum have
been transformed in recent years. EU Directives
and Regulations, including the relevant case law of
the European Court of Justice, have become ever
more important – for those working in ministries,
immigration authorities, national courts, academia, nongovernmental organisations and also for those who are practising lawyers. The
fundamentally revised and amended second edition of this book focuses on core
legislation, including the Asylum Qualification Directive, the Asylum Procedure
and Reception Directives, the Dublin III Regulation, the Border Code, Visa and
Frontex Regulations, the Family Reunion Directive, the Blue Card Directive, the
Long Term Residents’ Directive and the Return Directive.
Kay Hailbronner is Professor Emeritus of law at the University of Konstanz.
Daniel Thym holds the chair of Public, European and International Public Law at the
University of Konstanz.
The contributors are renowned specialists in immigration and asylum law working in
academia or practice across Europe.
January 2016 • 1500 pages
Hardback • 9781849468619 • £300 / $516
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Edited by Anna Jonsson Cornell & Marco Goldoni
Much changed in European constitutional law after
the Lisbon Treaty, not least the efforts to increase
democratic legitimacy by engaging national legislatures and introducing a
stricter subsidiary review process (namely the Early Warning Mechanism (EWM)).
This collection looks at the how national parliaments have adapted to their new
roles and looks at how the new system has impacted on relations between the
EU legislative bodies and these national parliaments. A team of experts from
across Europe explore the effect of the EWM on the national constitutional orders;
analyse the regional impact of the EWM and evaluate the new system of scrutiny.
Anna Jonsson Cornell is Associate Professor of Comparative Law at the University of
Uppsala.
Marco Goldoni is lecturer at the Law School, University of Glasgow.
August 2016 • 304 pages
Hardback • 9781782259176 • £55 / $95
Hart Publishing
European Contract Law
Core and Contingent Work in
the European Union
Reiner Schulze & Fryderyk Zoll
A Comparative Analysis
European contract law is not only a key aspect of
European private law but also plays a highly important
role in the development of contract law at national
level. However, European contract law is often an
unfamiliar subject as its content, methods and
objectives are overshadowed by national laws.
Edited by Edoardo Ales, Olaf Deinert & Jeff
Kenner
This book provides fundamental information about
the content, methods and objectives of European
legislation in the field of contract law and explains the
interaction between the legislator, judges and academics during the creation
of European contract law. It attempts to show how a system arises from the
dialogue between the different sources. It therefore focusses not only on current
EU legislation but also the extensive preparatory works in which the authors of
this book were actively involved.
Reiner Schulze is Professor of German and European Civil Law at the University of Münster.
Fryderyk Zoll is Professor of Polish and European Private Law at the University of
Osnabrück.
November 2016 • 300 pages
Hardback • 9781509900428 • £95 / $190
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
50
The Impact of the Early Warning
Mechanism
Labour and social security law studies have addressed
the topic of the decline of the standard employment
relationship mainly from the point of view of the
growing number of atypical relationships. Only a
limited number of studies have examined the issue
from the perspective of the differentiation between core and contingent work.
Such examination is necessary as the increase of contingent works leads to
complicated legal questions, touching the work relationship from a labour as well
as from a social security point of view, putting at risk, already in the short run, the
social cohesion within undertakings and European society. The aim of this book is
to analyse those questions adopting an innovative approach and to put forward
proposals for safeguarding that social cohesion.
Edoardo Ales is Professor of Labour Law at the Faculty of Law, University of Cassino.
Olaf Deinert is Professor of Civil Law, Labour and Social Law at Georg-August University,
Gottingen.
Jeff Kenner is Professor of EU Law at the University of Nottingham.
November 2016 • 352 pages
Hardback • 9781782258681 • £55 / $95
Hart Publishing
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Hart Publishing • European Law
EU Non-Discrimination Law in
the Courts
Approaches to Sex and Sexualties
Discrimination in EU Law
Jule Mulder
In last ten years, the material and personal scope of
EU non-discrimination law has been significantly
broadened and challenges national courts to introduce
a comprehensive equality framework into their national
law to correspond with the European standard. The
book provides a multi-layered comparison of juridical approaches to EU (in)direct
sex and sexualities discrimination and its implementation in Germany and the
Netherlands. It provides valuable insights into the national and European context
which shape the dialogue and influences of the courts inter se, the national
application of EU law, and the harmonisation process within the area of gender
equality law and beyond. It examines how and why national courts apply national
non-discrimination law with a European origin differently, although the legislation
derives from the same set of EU law and the national courts have to respect the
interpretive competence of the CJEU.
A Dutch and German comparison is of special interest here because both
countries’ approaches towards non-discrimination law are quite different despite
the similarities in the respective legal systems; they are founding members of the
EU, they are neighbours, they are civil law countries, and their legal systems have
similarities. The book is of interest for comparative and equality lawyers.
EU Social Security Law
A Commentary on EU Regulations
883/2004 and 987/2009
Edited by Maximilian Fuchs & Robertus
Cornelissen
From its earliest days, the European Union has placed a
strong emphasis on social security and its coordination.
The EU regulations on social security have the objective
of protecting those employers who seek to rely on
that core value of the European Union: the right to
free movement. In addition, regulations in the field seek to provide protection
for all workers and their family members who cross the Union’s internal borders,
whether for professional or personal reasons. However, the sheer variety of
social security systems across the member states makes coordination in the field
challenging. This authoritative and comprehensive work offers a clear exposition
of the law in the field.
Maximilian Fuchs is Professor of Law, Catholic University of Eichstätt-Ingolstadt.
Robertus Cornelissen is Guest-Professor of Law, University of Brussels and former senior
staff member of the European Commission, Brussels.
November 2015 • 580 pages
Hardback • 9781509903672 • £161 / $276
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Jule Mulder is a lecturer in law at the University of Bristol.
Constructing the Person in EU
Law
March 2017 • 272 pages
Hardback • 9781849467636 • £55 / $110
Hart Publishing
Rights, Roles, Identities
The Transformation of
Enforcement
European Economic Law in a Global
Perspective
Edited by Hans W Micklitz & Andrea Wechsler
This insightful book considers the phenomenon of the
transformation of enforcement in European economic
law while adopting a distinct global perspective.
The editors respond to the need for reflection on
transformation processes in the area of enforcement by
bringing together the leading international and European scholars in a variety of
disciplines to share and compare the experiences and learnings in different areas
of law.
Rooted in a wide and regulatory understanding of enforcement, this book
showcases its transformation with reference to both European economic law and
to the current context of significant global economic challenges. Comparative
perspectives facilitate the formation of a holistic perspective on enforcement that
reaches beyond distinct theoretical accounts, regulatory systems, institutional
patterns, industry sectors, and stakeholder perspectives. As the first comparative
analysis of the enforcement of European economic law that reaches beyond
confined areas of law, it constitutes a crucial contribution to the theoretical and
policy questions of how to design a coherent European enforcement architecture
in accordance with essential principles and objectives of the EU economic order.
Edited by Loïc Azoulai, Ségolène Barbou des
Places & Etienne Pataut
How is the idea of the ‘person’ conceived in European
law? This question has come more to fore for European
lawyers and this innovative edited collection argues that
the European Union has had a transformative effect on
the category of the person. Taking a two part approach,
it firstly looks at the legal mechanisms used when constructing the person in
EU law. Once that is established, the collection looks at the question outside the
field of EU law, exploring the question from both a sociological and philosophical
perspective. Bringing together world experts to debate the question of
personhood, this collection represents important and rigorous scholarship on this
key question.
Loïc Azoulai is Professor of European Law at Sciences Po Law School.
Ségolène Barbou des Places is Professor of Public Law at the Sorbonne School of Law,
University Paris-I.
Etienne Pataut is Professor of Private law at the Sorbonne School of Law, University Paris-I.
June 2016 • 320 pages
Hardback • 9781782259336 • £55 / $110
Hart Publishing
This unique study will have broad appeal. By exploring enforcement
transformations from a cross-disciplinary perspective, it will be essential reading
for scholars, practitioners and policymakers from different disciplines.
Hans W Micklitz is Professor of Economic Law at the European University Institute.
Andrea Wechsler is Professor of Economic Law at Pforzheim University.
March 2016 • 424 pages
Hardback • 9781849468916 • £75 / $130
Hart Publishing
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51
Hart Publishing • European Law
Public Access to Documents in
the EU
The European Union and
International Dispute
Settlement
Leonor Rossi & Patricia Vinagre e Silva
All litigants before the European Court or indeed
before any European body or agency will need to
have full access to the European Union’s internal
documents. Though the legislation regulating the
field, Regulation 1049/2001, has been in force for some
time, it is a complex field for all would be litigants. In
this book the authors, both experienced practitioners
in the area, clearly set out the documentation, access
requirements and processes. They include a helpful glossary of terms, tables and
appendices setting out the relevant legislation. This will be the seminal text for all
practitioners who need to access EU internal documentation.
Leonor Rossi is Professor of EU law at Nova School of Business and Economics, Lisbon.
Patricia Vinagre e Silva is a partner at Gouveia Pereira Costa Freitas and Associates, Lisbon.
July 2016 • 304 pages
Hardback • 9781509905331 • £70 / $120
Hart Publishing
The European Union’s External
Action in Times of Crisis
Edited by Marise Cremona, Anne Thies & Ramses
A Wessel
This book explores the connections between the
European Union and international dispute settlement.
It highlights the legal challenges faced by the principal
players in the field: namely the EU as a political actor
and the Court of Justice of the EU as an international
and domestic judiciary. In addition, it places the subject in its broader context of
international dispute settlement, and the participation of the EU and its Member
States in international disputes. It takes an innovative approach, focusing on
horizontal/cross-cutting themes. This methodology allows for insights from all
the different sectors from trade, investment and human rights. Moreover, as a
collection of essays, it allows expert comment from academics, policymakers and
practitioners in the field.
Marise Cremona is Professor of European Law at the European Union Institute, Florence.
Anne Thies is a lecturer in law at Reading University.
Ramses A Wessel is Professor of International and European Law and Governance at the
University of Twente.
August 2016 • 480 pages
Hardback • 9781509903238 • £60 / $103
Hart Publishing
Edited by Piet Eeckhout & Manual LopezEscudero
The Lisbon Treaty modified the legal framework of EU
external action and these innovations must be applied
in a period of deep economic and financial crisis
interacting with other more specific crises affecting the
EU's external activities. This volume investigates the
recent institutional and substantive developments in
EU external relations law and practice in this context of
multiple crises for the EU. The economic and financial crisis has a major impact
on EU external action, but other crises too affect this sensitive area of the EU's
activity and the book takes them into account. For instance, there is a crisis in the
relationship between EU law and international law after the ECJ judgement in the
Kadi case. In addition to exploring these questions, the collection also examines
questions of legitimacy in fields such as foreign investment protection and
arbitration. Representing the output of a powerful research team composed of
leading scholars in the field this comprehensive collection will appeal to both an
expert and non-expert readership.
Piet Eeckhout is Professor of EU Law, University College London.
Manuel Lopez-Escudero is Professor of EU law and Public International Law, University of
Granada.
August 2016 • 576 pages
Hardback • 9781509900558 • £80 / $138
Series: Modern Studies in European Law • Hart Publishing
52
Structural Principles in EU
External Relations Law
Edited by Marise Cremona
The law and practice of EU external relations is
governed not only by general objectives (Articles 3(5)
and 21 TEU and Article 205 TFEU) and values (Article 2
TEU) but also by a set of principles, found in the Treaties
and developed by the Court of Justice, which structure
the system, functioning and exercise of EU external
competences. This book identifies a set of ‘structural
principles’ as a legal norm-category governing EU
external relations; it explores the scope, content and function of those principles
that may be categorised as structural. With an ambitious scope, and a stellar line
up of experts in the field, the collection offers a truly innovative perspective on
the field of EU external relations law.
Marise Cremona is Professor of European Law at the European University Institute,
Florence.
October 2016 • 352 pages
Hardback • 9781782259978 • £55 / $95
Hart Publishing
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Hart Publishing • European Law
EU Maritime Transport Law
Henning Jessen & Michael Jürgen Werner
Waterborne transport is of crucial importance within
the European Union. Almost 90% of the EU’s external
freight trade and 40% of the intra EU-exchanges
of goods and passengers are carried by sea. 23 EU
Member States are coastal states and 26 are Flag States.
EU shipowners manage 30% of the world’s vessels and
35% of the global shipping tonnage. Each year, more
than 400 million passengers pass through European
ports.
The Framework of the ‘Erika Packages’ adds another regulatory level to the
existing global legal regime. As a result, almost all aspects of maritime transport
and shipping are now regulated by EU Law.
EU Maritime Transport Law provides a comprehensive article-by-article analysis of
the most relevant of these EU Regulations and EU Directives. The book covers the
following issues:
The EU and Maritime Transport: A Comprehensive Overview, Regulatory Issues in
Shipping, Environmental Policy and Pollution Control, Maritime Safety, Maritime
Security and Infrastructure, Consumer Protection and Passenger Rights, Carriage
of Goods by Sea and Litigation, Market Access, Competition, State Aid, Maritime
Labour and Working Conditions, The Regulation of Inland Waterway Transport.
Comprehensive and authoritative, it is required reading for all practitioners in the
field.
Henning Jessen is Professor at the University of Hamburg, Institute for Maritime Law and
the Law of the Sea, Germany.
Michael Jürgen Werner is Partner at Norton Rose Fulbright LLP, Brussels, Belgium.
October 2016 • 1504 pages
Hardback • 9781509905607 • £283 / $487
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Fundamental Texts on
European Private Law
Edited by Oliver Radley-Gardner, Hugh Beale,
Reinhard Zimmermann & Reiner Schulze
Among the most significant legal developments of our
time is the emergence of a European private law. The
European Union enacts directives which profoundly
affect the practice, teaching and study of core areas of
'classical' private law. Internationally, commissions have
formulated principles of European trusts, contract and
commercial law. Furthermore, uniform private law can
be found in a number of international conventions.
This second edition gathers together fundamental texts from these three sources
into one convenient volume. Its emphasis is on general civil and commercial law,
particularly on the obligations and property aspects of these. It is an essential
resource to students, academics and lawyers with an interest in European private
law.
This second edition is a sister volume to the original German edition, now in its
5th edition.
Oliver Radley-Gardner is a barrister at Falcon Chambers, London.
Hugh Beale is a Professor of Law at the University of Warwick and a former law
commissioner for England and Wales.
Reinhard Zimmermann is Director of the Max-Planck-Institut fuer auslaendisches und
internationales Privatrecht in Hamburg.
Reiner Schulze is professor of German and European Civil law at the Westfälische
Wilhelms-Universität Münster, Germany.
July 2016 • 1056 pages
Paperback • 9781782258643 • £50 / $86
Hart Publishing
The European Banking Union
A Compendium
Edited by Jens-Hinrich Binder & Christos Gortsos
The creation of the European Banking Union and the transfer of supervisory and resolution powers from the Member States to the European
level has drastically changed the institutional setting for banking supervision within the Eurozone. Against this backdrop, the book combines
a collection of the legal instruments pertaining to the Banking Union with introductory chapters on the policy background and relevant
institutional and substantive issues, including procedural matters and questions of legal redress. It thus offers a straightforward access to the
relevant policy and substantive issues, which will be of help for practitioners, academics and students. Both editors have published on the
relevant aspects before and combine the perspectives of different jurisdictions.
Jens-Hinrich Binder is Professor of Law at Eberhard-Karls-Universitaet Tuebingen, where he holds a Chair in Private Law, Commercial and Corporate Law.
Christos Gortsos is Professor of International Economic Law at the Panteion University of Athens, as well as visiting Professor at the Law School of the
Kapodistrian University of Athens and the European Institute of the University of Saarland.
January 2016 • 384 pages
Paperback • 9781509904532 • £74.99 / $128.95
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
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53
Family Law
Lawyers and Mediators
The Legitimacy of Family
Rights in Strasbourg Case Law
The Brave New World of Services for
Separating Families
‘Living Instrument’ or Extinguished
Sovereignty?
Mavis Maclean & John Eekelaar
Do lawyers make matters worse, or do they provide
information, advice and support which can help to
prevent disputes arising or manage them when they
do? Do mediators enable parties to communicate
and reach agreements tailor-made to their needs? Or
working outside the legal framework, do they find
it difficult to protect weaker parties and access expert advice? What happens
when lawyers become mediators? This book will describe the structure of service
provision and the day-to-day work of lawyers, mediators, and lawyer mediators,
drawing on empirical work carried out between 2013 and 2015 immediately after
the recent changes to the management of divorce and separation within the
family justice system. The reduction in legal aided help in 2013 and the failure
of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This
book aims to provide an account of some of the practical effects of these policies
through a description of the daily work of practitioners in the sector. It raises the
question of whether we need to choose between traditional legal services and
the new processes of private ordering or whether intermediate positions might
be possible.
Mavis Maclean is co-founder of the Oxford Centre for Family Law and Policy, Oxford
University and Senior Research Fellow of St Hilda’s College, Oxford.
John Eekelaar is Emeritus Fellow of Pembroke College, Oxford and co-director of the
Oxford Centre for Family Law and Policy.
February 2016 • 176 pages
Hardback • 9781509904822 • £55 / $95
Hart Publishing
Carmen Draghici
Modern family life exhibits a huge variety of new
forms. Legal responses to these new forms illustrate
the continuing differences between European
nations. Nonetheless, the Strasbourg Court has been
increasingly active in this area, which provides fertile
ground for testing the legitimacy of the Court’s interpretation of the European
Convention on Human Rights. When national law refuses to recognize a claimed
right, litigants regularly reassert that right before the Strasbourg Court. This
has forced it to seek answers to complex domestic controversies such as the
legal recognition for same-sex partners and transgender persons, the ethics
of adoption and reproductive rights, the legal regime for cohabitants, or the
accommodation of immigrants’ aspiration to family reunion.
Placing family rights at the core of the judicial legitimacy debate, this book
provides a critical analysis of the standards of family rights protection under the
Convention. It evaluates the Court’s interpretive methodology and discusses
the tensions inherent in its supranational quasi-constitutional function. These
include the risk of excessive deference to national authorities, at the expense of
the effective enforcement of universal rights; the addition of “new rights”; and
inattention to the division of responsibilities between democratic processes
within sovereign States and the subsidiary international review.
Carmen Draghici is a Senior Lecturer in Law at the City Law School.
March 2017 • 288 pages
Hardback • 9781509905256 • £55 / $94
Series: Modern Studies in European Law • Hart Publishing
Gender and the Law
Northern / Irish Feminist Judgments
Judges' Troubles and the Gendered Politics of Identity
Edited by Máiréad Enright, Julie McCandless & Aoife O'Donoghue
This book builds upon the work of the feminist judgment project completed at Durham and Kent and which integrated feminist theory and
judicial method, re-writing influential judgments from feminist perspectives. The book contains a collection of re-written judgments from
Northern/Ireland as well as innovative web resources with materials of use to both academics and civil society. Bringing together academic
partners at institutions across the UK and Ireland with solicitors, barristers and civil society groups, the project creates a broad new community
of Irish feminist scholars around an ambitious Northern/Irish Feminist Judgments Project. The project will create tangible resources which can
be used to engender a societal dialogue about legal decision-making and social change, developing dynamic resources for future research and
teaching in judicial studies. The project focuses on the gendered political roles of judges in contexts of transition from conflict, colonialism and
religious patriarchy.
Máiréad Enright is a Lecturer in Law at Kent Law School.
Julie McCandless is a Lecturer in Law at the Law Department at the London School of Economics and Political Science.
Aoife O'Donoghue is a Senior Lecturer in Law at Durham Law School.
September 2016 • 592 pages
Paperback • 9781849465748 • £40 / $69
Hart Publishing
54
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General Law
The Safest Shield
Lectures, Speeches and Essays
Lord Judge
This selection of lectures, essays and speeches by Lord Judge, nearly all written when he was Lord Chief Justice of England and Wales, brings
together his analysis of a wide range of topics which underpin the administration of justice and the rule of law. Apart from a few personal
reflections, the discussion ranges from the development of our constitutional arrangements to matters of continuing constitutional uncertainty,
with observations about different aspects of the court process and the discharge of judicial responsibilities. Based on Lord Judge's experience in
the law and a deep interest in history, this selection offers sometimes uncomfortable, sometimes amusing, but always stimulating reading, and
will provoke thoughtful reflection on and better understanding of the arrangements by which we are governed and the practical application of
the rule of law.
Lord Judge was first appointed a Judge of the High Court in 1988 and was Lord Chief Justice and Head of the Judiciary of England and Wales from 2008 until 2013.
November 2015 • 384 pages
Hardback • 9781509901890 • £22.50 / $39
Hart Publishing
Fifty Years of the Law
Commissions
The Fall of the Priests and the
Rise of the Lawyers
The Dynamics of Law Reform
Philip R Wood
Matthew Dyson, James Lee & Shona Wilson Stark
This fast-paced, inspiring and original work proposes
that if religions fade, then secular law provides a much
more comprehensive moral regime to govern our
lives. The author argues that the rule of law is the one
universal framework that everyone believes in and that
the law is now the most important ideology we have for
our survival.
This book brings together past and present law
commissioners, judges, practitioners, academics and
law reformers to analyse the past, present and future
of the Law Commissions in the United Kingdom and
beyond. Its internationally recognised authors bring a
wealth of experience and insight into how and why law
reform does and should take place, covering statutory and non-statutory reform
from national and international perspectives. The book contains papers from a
conference to mark the fiftieth anniversary of the Law Commissions Act 1965.
Matthew Dyson is a Fellow in Law at Trinity College, Cambridge.
James Lee is a Senior Lecturer in Private Law at the Dickson Poon School of Law, King’s
College London and an Associate Academic Fellow of the Honourable Society of the Inner
Temple.
Shona Wilson Stark is a Fellow in Law at Christ's College, Cambridge, and an Affiliated
Lecturer at the Faculty of Law, University of Cambridge.
June 2016 • 368 pages
Hardback • 9781849468572 • £95 / $190
Hart Publishing
The author explores the decline of religions and the huge growth of law and
makes predictions for the future of law and lawyers. The book maintains that
even though societies may decide they can do without religions, they cannot do
without law.
The book helpfully summarises both the teachings of all the main religions
and the central tenets of the law – governing everything from human
relationships to money, banks and corporations. It shows that, without these
legal constructs, some of them arcane, our societies would grind to a halt. These
innovative summaries make complex ideas seem simple and provide the keys to
understanding both the law and religion globally. The book will appeal to both
lawyers and the general reader.
The book concludes with the author’s personal code for a modern way of living to
promote the survival of humankind into the future.
Vividly written by one of the most important lawyers of our generation, this
magisterial and exciting work offers a powerful vision of the role of law in
centuries to come and its impact on how we stay alive.
Philip R Wood CBE, QC (Hon) is a distinguished lawyer at a major international law firm, a
visiting professor or fellow at Oxford, Cambridge and London universities and the author of
19 books. He is one of the leading international and comparative lawyers in the world.
March 2016 • 288 pages
Hardback • 9781509905546 • £35 / $40
Hart Publishing
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55
Human Rights Law
The State and the Body
Torture, Inhumanity and
Degradation under Article 3 of
the ECHR
Public Intervention into Bodily Autonomy
Elizabeth Wicks
This book investigates the limits of the legitimate role
of the state in regulating the human body. It questions
whether there is a public interest in issues of bodily
autonomy, with particular focus on reproductive
choices, end of life choices, sexual autonomy, body
modifications and selling the body. The main question
addressed in this book is whether such autonomous
choices about the human body are, and should be,
subject to state regulation. Potential justifications for the state’s intervention
into these issues through mechanisms such as the criminal law and regulatory
schemes are evaluated. These include preventing harm to others and/or to the
individual involved, as well as more abstract concepts such as public morality,
the sanctity of human life, and the protection of human dignity. The State and the
Body argues that the state should be particularly wary about encroaching upon
exercises of autonomy by embodied selves and concludes that only interventions
based upon Mill’s harm principle or, in tightly confined circumstances, the dignity
of the human species as a whole should suffice to justify public intervention into
private choices about the body.
Elizabeth Wicks is a Professor of Human Rights Law at the University of Leicester.
March 2017 • 272 pages
Hardback • 9781849467797 • £60 / $104
Hart Publishing
Human Rights and Violence
Absolute Rights and Absolute Wrongs
Natasa Mavronicola
Human rights are the subject of enduring interest
and controversy in the academic and public domain.
Absolute human rights provoke even more intense
engagement. Yet this has not resulted in extensive and
critically engaged legal scholarship on the meaning
and implications of absoluteness as a characteristic of human rights or how
this informs the contours of the right enshrined in Article 3 of the ECHR. Article
3 prohibits torture, and inhuman or degrading treatment or punishment, with
no exceptions or limitations. The book offers a theoretical framework for the
delimitation of absolute rights which remains faithful to their absolute nature.
It aims to counter broad-brush accounts of the delimitation of absolute rights
and provide a nuanced account of the theoretical foundations and challenges of
such delimitation. In addition, the book provides a rigorous legal analysis of the
character and scope of Article 3 of the ECHR, pursued in light of this framework.
It sets out the tools for engaging in, and critically assessing, the delimitation of an
absolute right with greater clarity and coherence, while also offering a muchneeded defence for the continued recognition of the non-displaceable character
of this fundamental – but contested – human right.
Natasa Mavronicola is a lecturer in law at Queen’s Univesity, Belfast.
October 2016 • 272 pages
Hardback • 9781509902996 • £55 / $95
Series: Modern Studies in European Law • Hart Publishing
The Hope and Fear of the Liberal World
Damages and Human Rights
Jarna Petman
The dilemma of a liberal human rights lawyer is this:
one both believes in and doubts human rights. No
wonder, for human rights are ambivalent. As positive
legal enactments, they are the result of political
bargaining that speak the concrete and verifiable
language of rules; yet they also hold an intangible
promise of universal good that reaches beyond the text
of enacted rules, evoking their cosmopolitan purpose.
This dual nature makes human rights strong and accounts for their extraordinary
appeal. But it also makes the practice of human rights a fundamentally liberal
exercise in irresolution. This book offers a critical, albeit sympathetic, exploration
of the conditions for practising and enforcing human rights in a world steeped
in ambivalence. Through an historical narrative it first unravels the liberal tension
that inheres in rights, and then moves on to examine the case law of the
European Court of Human Rights to illustrate how the tension compels a choice
in the exercise of rights. In the final part, the tension and the choice in rights
is analysed within the realm of humanitarian violence. This is the realm of the
tension – and the choice – between the hope and the fear of the liberal world.
Jarna Petman is Senior Lecturer in International Law and Deputy Director of the Erik
Castrén Institute of International Law and Human Rights at the University of Helsinki.
October 2016 • 352 pages
Hardback • 9781849465335 • £60 / $103
Series: Hart Monographs in Transnational and International Law • Hart Publishing
Jason NE Varuhas
Damages and Human Rights is a major work on awards
of damages for violations of human rights that will
be of compelling interest to practitioners, judges and
academics alike. Damages for breaches of human rights
is emerging as a field of great practical significance, yet
the principles governing awards and their theoretical
foundations remain underexplored, while courts have
struggled to articulate a coherent law of human rights
damages. The book’s focus is English law, but it draws
heavily on comparative common law material and international law.
The current law of human rights damages is set out in detail and analysed
comprehensively. The theoretical foundations of human rights damages are
examined with a view to enhancing our understanding of the remedy and
resolving the troubled state of the case law. The book argues that in awarding
damages in human rights cases courts should adopt a vindicatory approach,
modelled on principles applied in tort cases when basic rights are violated. Other
approaches are considered in-depth, including the current 'mirror' approach
which ties domestic damages practice to the European Court of Human Rights'
remedial approach; interest-balancing approaches, where damages depend on
judicial balancing of individual and public interests; and approaches drawn from
EU law and US constitutional law.
The analysis has important implications for our understanding of the
interrelationship between public and private law, the theoretical foundations of
human rights law and tort, the nature and functions of damages, the connection
between rights and remedies, the intersection of domestic and international law,
and the impact of liability on public administration.
Jason NE Varuhas is Associate Professor, University of Melbourne and Associate Fellow,
Centre for Public Law, University of Cambridge.
March 2016 • 480 pages
Hardback • 9781849463720 • £85 / $146
Hart Publishing
56
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Hart Publishing • Human Rights Law
Masking Barbarism
Human Rights in the Contemporary Global
Order
Paul O’Connell
It is increasingly accepted that the promise of a
globalised human rights systems, sits uneasily with
the lived reality of a significant majority of the world’s
population. Human rights scholars, recognising this
disjuncture, have suggested alternative models for
rights protection including, among others, corporate
social responsibility and cosmopolitan ethics. This innovative new study
challenges this ‘third way’ school of thought. It argues that this approach is
fundamentally flawed as it does not interrogate sufficiently the current dominant
model of globalisation. This book offers a new articulation of contemporary
globalisation and offers an assessment of the implications of this new model
for human rights. The work’s clear three part structure frames the question;
problematizes or sets the difficulties with ‘third way’ approaches and finally,
explores the implications of and offers potential alternatives to it. Challenging and
critical, this important new book should be read by all human rights scholars.
Paul O’Connell is a Reader in Law at the School of Oriental and African Studies.
March 2017 • 288 pages
Hardback • 9781849468077 • £55 / $95
Hart Publishing
Economic, Social and Cultural
Rights in International Law
Manisuli Ssenyonjo
Since the first edition of this book (2009), there have
been several important treaty developments in
International Economic, Social and Cultural Rights,
including the entry into force of the Optional Protocol
to the International Covenant on Economic, Social and
Cultural Rights (ICESCR) on individual communications,
and significant developments in the case law on
economic, social and cultural (ESC) rights. The second
edition addresses these developments and explores ESC rights from foundational
issues to substantive rights and systems of protection. It has been fully updated to
include new case law of human rights bodies and national courts on ESC rights.
In addition to the rights to health, education and work covered in the first edition,
the second edition analyses developments such as the rights to adequate food,
water and sanitation, adequate housing, social security and cultural rights. It also
considers several contemporary issues including the extraterritorial human rights
obligations of states in ESC rights; non-state actors; relationship of the ICESCR
to other areas of international law; the Optional Protocol to the ICESCR; regional
protection of ESC rights; and contemporary challenges including poverty, armed
conflicts and terrorism. It concludes by exploring the possible establishment of a
World Court of Human Rights.
Manisuli Ssenyonjo is Professor of International Law and Human Rights at Brunel
University.
Property and Human Rights in
a Global Context
May 2016 • 640 pages
Paperback • 9781849466073 • £50 / $86
Hart Publishing
Edited by Ting Xu & Jean Allain
Property as a human rights concern is manifested
through its incorporation in international instruments
and as a subject of the law through property-related
cases considered by international human rights
organs. Yet, for the most part, the relationship between
property and human rights has been discussed in rather
superficial terms, lacking a clear substantive connection
or common language. That said, the currents of
globalisation have witnessed a new era of interrelation between these two areas
of the law, including the emergence of international intellectual property law and
the recognition of indigenous claims, which, in fundamental ways, speak to an
engagement with human rights law.
This collection starts the conversation between human rights lawyers and
property lawyers and explores analytical approaches to the increasing relationship
between property and human rights in a global context. The chapters engage
with key theoretical and policy debates and range across three main themes: The
re-evaluation of the public/private divide in the law; the tensions between the
market and social justice in development and the balance between the rights of
individuals and those of communities. The chapters adopt a global, comparative
perspective and engage in case studies from countries including India,
Philippines, Brazil, the United States, the United Kingdom and includes various
regions of Africa and Europe.
Governing (Through) Rights
Bal Sokhi-Bulley
Taking a critical attitude of dissatisfaction towards
rights, the central premise of this book is that rights are
technologies of governmentality. They are a regulating
discourse that is itself managed through governing
tactics and techniques – hence governing (through)
rights. The opening chapter describes governmentality
as a methodology that is then used to interrogate
the relationship between rights and governance
in three contexts: the international, regional and
local. How rights regulate certain identities and conceptions of what is good
governance is examined through the case study of non-state actors, specifically
the humanitarian NGO, in the international setting; through a case study of rights
agencies, and the role of experts, statistics and indicators, in the European Union
or regional setting; and, in terms of the local, the challenge that the blossoming
language of responsibility and volunteerism poses to rights in the name of less
government (Big Society) is problematised.
The book also asks what counter-conducts are possible using rights language
(questioning rioting as resistance), and whether counter-conduct can be read
as an ethos of the political, rights-bearing subject. Thus, the book bridges a
divide between critical theory (ie Foucauldian understandings of power as
governmentality) and human rights law.
Ting Xu is a Senior Lecturer in Law at the University of Sheffield.
Jean Allain holds the Chair in Public International Law at Queen’s University, Belfast; and is
Extraordinary Professor, Centre for Human Rights, University of Pretoria.
Bal Sokhi-Bulley is a Lecturer in Law at Queen’s University, Belfast.
January 2016 • 352 pages
Hardback • 9781849467261 • £55 / $94
Series: Human Rights Law in Perspective • Hart Publishing
July 2016 • 152 pages
Hardback • 9781849467391 • £50 / $95
Series: Human Rights Law in Perspective • Hart Publishing
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57
Hart Publishing • Human Rights Law
Human Rights Encounter Legal
Pluralism
Regulation of Sexualized
Speech in Europe and the
United States
Edited by Eva Brems, Giselle Corradi & Mark
Goodale
This collection deals with the intricacies of enhancing
access to human rights in a world that is to a large
extent characterised by legal pluralism, ie the coexistence and interaction of various legal orders in the
same field of social relations. The point of departure is
that the promotion of human rights is a desirable, yet
complex undertaking, and that the insights generated
within the scholarly tradition of legal pluralism and the ‘universality debate’
can help elucidate the issues at stake. Aware of numerous misunderstandings
and of the mutual suspicion that exists between human rights scholars and
legal anthropologists, the volume includes contributions from experts in both
disciplines and intends to build bridges between them. In that endeavour, both
legal pluralism and human rights are problematised. Rather than analysing
whether legal pluralism is compatible with human rights or whether non-state
legal orders either comply with or breach international standards, this book
focuses on the question: how does legal pluralism interplay with the promotion
of human rights?
The contributors draw on experiences from Latin America, sub-Saharan Africa,
Europe, Asia and the Middle East.
Eva Brems is Professor of Human Rights Law at Ghent University.
Giselle Corradi is a post-doctoral research fellow at the Human Rights Centre at the Law
Faculty of Ghent University.
Mark Goodale is Associate Professor of Conflict Analysis and Anthropology at George
Mason University.
Lawrence Siry
Freedom of expression in abstraction is easily professed,
yet often controversial and unsatisfying. As states
attempt to balance the interest of liberty, speech is
often at the intersection. In its practical application, it
is easy to lose sight of the interest of expression, as the
damage of the expression is much more concrete than
that of the abstraction of speech idea is. This work is a unique, comprehensive
study of sexualized speech regulation, reviewing the paradigms of enforcement
and looking forward to determine how governments will react to challenges
in an interconnected world. A challenge will be to find a balance between
freedom of expression and protection of societal interests. Challenges of the
freedom of expression are many and often. Often restrictions seem reasonable
and justified. The ideal of free expression is often more noble than the speech
that is suppressed. It is particularly because of the unpopularity of some of this
sexualized speech and some speakers that eternal vigilance may be required.
Lawrence Siry is a Research Assistant in the Faculty of Law, Economics and Finance at the
University of Luxembourg.
February 2016 • 752 pages
Hardback • 9781509905676 • £190 / $276
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
October 2016 • 272 pages
Hardback • 9781849467612 • £49.99 / $86
Series: Oñati International Series in Law and Society • Hart Publishing
Immigration, Asylum, Refugee and Nationality Law
States, the Law and Access to
Refugee Protection
Migration, Asylum and
Citizenship Law in Ireland
Fortresses and Fairness
New Borders
Edited by Maria O'Sullivan & Dallal Stevens
Siobhán Mullally, Cliodhna Murphy & Liam
Thornton
This timely volume seeks to examine two of the most
pertinent current challenges faced by asylum seekers in
gaining access to international refugee protection: first,
the obstacles to physical access to territory and second,
the barriers to accessing a quality asylum procedure –
which the editors have termed ‘access to asylum justice’.
To address these aims, the book brings together leading commentators from
a range of backgrounds, including law, sociology and political science. It also
includes contributions from NGO practitioners. This allows the collection to
offer interdisciplinary analysis and to incorporate both theoretical and practical
perspectives on questions of immense contemporary significance. While the
examination offers a strong focus on European legal and policy developments,
the book also addresses the issues in different regions (Europe, North America,
Africa and Australia). Given the currency of the questions under debate, this book
will be essential reading for all scholars in the field of asylum law.
Maria O’Sullivan is lecturer in the Faculty of Law and an associate of the Castan Centre for
Human Rights Law at Monash University.
Dallal Stevens is Associate Professor of Law at the University of Warwick.
October 2016 • 304 pages
Hardback • 9781509901289 • £55 / $110
Series: Studies in International Law • Hart Publishing
58
This book presents the first extended scholarly analysis
of migration, citizenship and asylum law in Ireland.
Recent developments, including the International
Protection Act 2015 and leading European and Irish
case law are discussed, drawing on critical perspectives
in European and international human rights law. Many of the significant
legislative, constitutional and jurisprudential reforms in the field of migration
and asylum law in Ireland have resulted from contested claims arising under
EU, ECHR and comparative public law. This book analyses these reforms, and
includes chapters discussing historical perspectives on migration and asylum
in Ireland; the rights of migrant workers and their families; family reunification;
socio-economic rights of migrants and refugees; access to asylum and asylum
procedures; deportation and detention; and citizenship. The book is essential
reading for academics, students, practitioners and policy makers working in the
rapidly changing fields of migration and asylum law.
Siobhan Mullally is Professor of Law at University College Cork.
Cliodhna Murphy is Lecturer in Law at University College Cork.
Liam Thornton is Lecturer in Law at University College Dublin.
November 2016 • 256 pages
Hardback • 9781782258995 • £50 / $86
Hart Publishing
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Insurance Law
Policyholder's Reasonable Expectations
Yong Qiang Han
Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial acceptance in English
contract law. In contrast, however, the similar ‘doctrine’ of policyholder’s reasonable expectations in insurance law has largely not been accepted
by practising and academic lawyers. This is injurious firstly to the protection of consumer policyholders’ interests in investment-linked life
insurance products such as with-profits policies, and secondly to business policyholders’ reasonable expectations of coverage of particular
risks. This book seeks to remedy these two problems. First, it argues that ‘policyholder’s reasonable expectations’ in investment-linked life
insurance has an actuarial basis which merits more judicial attention. Second, it argues that the cause of the second problem is the long-held
misunderstanding about the legal nature of the ‘doctrine’. In this respect, this book argues that the ‘doctrine’ should instead be re-characterised
as a ‘principle’ as originally intended in the US. On this basis, the book argues further that the second problem can be resolved by bringing
insurance law more in line with contract law, or in other words by recognising a principle of policyholder’s reasonable expectations. To that end,
lawyers should consider the purpose of the particular insurance in its context when interpreting insurance contract terms.
Yong Qiang Han is Post-Doctoral Fellow in the Faculty of Law at The National University of Singapore.
September 2016 • 256 pages
Hardback • 9781509900763 • £70 / $120
Hart Publishing
International and Comparative Criminal Law
The Legal Foundations of
INTERPOL
The Limits of Asset
Confiscation
Rutsel Silvestre J Martha
Johan Boucht
Since the publication of the extremely well regarded
first edition of this title, the legal regime which forms
the basis for INTERPOL has undergone significant
change. In addition, there has been an explosive growth
of litigation before the Commission for Control of
INTERPOL’s Files. Moreover, as INTERPOL continues to
increase its effectiveness, instances of abuse and also
lack of understanding about INTERPOL has prompted
both criticism and calls for reform. This timely new edition provides a complete
update of the rules regulating INTERPOL and of the ‘case law’ of the Commission
for Control of INTERPOL’s Files. In addition, it provides additional examination of:
– the procedure for handling claims against INTERPOL;
– the remedies available in the case of complaints;
– the interpretation of the various rules affecting individuals; and
– the differing roles of the General Secretariat and the Commission in dealing
with inquiries and/or complaints by individuals.
Retaining the clarity of expression and expert analysis that were hallmarks of the
first edition, this book is required reading for practitioners and scholars alike.
Rutsel Silvestre J Martha is a former General Counsel and Director of Legal Affairs
of INTERPOL. He is currently the General Counsel and Director of Legal Affairs of the
International Fund for Agricultural Development.
This book provides a normative analysis of the
justifications and limits of asset confiscation as a crime
control measure. More specifically it deals with what in
this context is referred to as extended appropriation,
that is, confiscation in cases where the causal link
between the property in question and the predicate
offence(s) is less obvious. Particular focus is placed on
criminal confiscation and civil recovery.
These fairly controversial measures give rise to a number of complex legal issues,
but despite this there has been remarkably little discussion, political and/or
academic, about the legitimacy of extended appropriation.
The overarching purpose of this book is to provide a comprehensive analysis not
only of the nature of extended appropriation and its position within the criminal
justice system, but also of the relevant considerations which arguably should be
taken into account in order to strike a fair balance between the interests of the
state and those of the individual in proceedings. This discussion will stimulate
further focus on the legitimacy of asset confiscation as a crime control measure.
Johan Boucht is Associate Professor of Criminal Law at the University of Oslo.
March 2017 • 240 pages
Hardback • 9781509907076 • £60 / $104
Hart Publishing
March 2017 • 320 pages
Hardback • 9781849468046 • £60 / $103
Hart Publishing
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59
Hart Publishing • International and Comparative Criminal Law
Complicity in International
Criminal Law
The Rome Statute of the
International Criminal Court
Marina Aksenova
A Commentary
This book tackles one of the most contentions aspects
of international criminal law – the modes of liability.
At the heart of the discussion is the quest for balance
between the accused’s individual contribution and the
collective nature of mass offending. The principle of
legality demands that there exists a well-defined link
between the crime and the person charged with it.
This is so even in the context of international offending,
which often implies ‘several degrees of separation’ between the direct perpetrator
and the person who authorizes the atrocity. The challenge is to construct that link
without jeopardizing the interests of justice.
The monograph provides the first comprehensive treatment of complicity within
the discipline and beyond. Extensive analysis of the pertinent statutes and
jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously,
the study of complicity becomes a test for the general methods and purposes of
international criminal law. The book exposes problems with the sources of law,
and demonstrates the absence of clearly defined sentencing and policy rationales
– crucial tools in structuring judicial discretion.
Marina Aksenova is Postdoctoral research fellow at iCourts, Centre for Excellence for
International Courts, University of Copenhagen.
December 2016 • 336 pages
Hardback • 9781509900084 • £55 / $110
Series: Studies in International Law • Hart Publishing
Edited by Otto Triffterer & Kai Ambos
In the third edition of their much acclaimed
commentary, Otto Triffterer, Kai Ambos and a number
of eminent legal practitioners and scholars in the field
of international criminal law give a detailed article-byarticle analysis of the Statute, as well as the ‘Elements
of Crime’ and the ‘Rules of Procedure and Evidence’
adopted by the Assembly of States Parties in 2002, and the ‘Regulations of the
Court’.
The Second Edition was winner of the 2009 American Society of International
Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing
Lawyers and Scholars.
Praise for the Second Edition:
‘Clearly written by experts in the field, skillfully edited, the commentary will
prove indispensible to any serious scholar or practitioner of international
criminal law.’ German Yearbook of International Law
‘...indispensable for both academic international lawyers and practitioners,
whether at public service or in private practice.’ Alexander Orakhelashvili,
European Journal of International Law
Otto Triffterer is Professor Emeritus at the University of Salzburg, Austria.
Kai Ambos is Professor of Law at the University of Göttingen and Judge at the State Court
(Landgericht) Göttingen, Germany.
More than 50 eminent authors from all-over the world have contributed to this
commentary.
January 2016 • 2000 pages
Hardback • 9781849469951 • £325 / $585
Beck/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
International Investment Law
The Impact of Investment Treaty Law on Host States
Enabling Good Governance
Mavluda Sattorova
This book examines the role of international investment treaties in fostering good governance and rule of law on a national plane. Although
they were historically designed to protect foreign undertakings from opportunistic governmental behaviour, international investment treaties
have gradually come to be interpreted as also requiring host States to maintain good governance standards in their dealings with foreign
investors. Lack of transparency, stability, predictability as well as the lack of effective remedies and enforcement mechanisms at a national
level can now lead to a host State’s liability in damages. The book questions whether investment treaty norms can induce governments into
compliance with the rule of law and good governance standards. To what extent and how do investment treaty norms influence government
decision-making in host states? How do host States respond to investment treaty remedies? The book offers a novel socio-legal and
interdisciplinary analysis of the impact of international investment law on governmental conduct. The capacity of the investment treaty regime
to foster the rule of law and governance reforms in host States is also examined from a comparative perspective, with focus on the rule of law and regulatory compliance
initiatives undertaken by the World Bank and the European Union.
Mavluda Sattorova is a lecturer in international economic law at the School of Law and Social Justice, University of Liverpool.
October 2016 • 192 pages
Hardback • 9781849465854 • £60 / $103
Series: Studies in International Law • Hart Publishing
60
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Hart Publishing • International Investment Law
International Investment Law
Reconciling Policy and Principle
Interpretation of International
Investment Treaties
Surya P Subedi
Tarcisio Gazzini
The third edition of this acclaimed textbook offers an
up-to-date, scholarly overview of the law of foreign
investment, incorporating a thorough and succinct
analysis of the principles and standards of treatment
available to foreign investors in international law. It
offers an analysis of the key issues in recent trends in
the case-law, from both developed and developing
country perspectives. A major feature of the book
is its treatment of the tension between the law of foreign investment and
other competing principles of international law. In doing so, it proposes ways
of achieving a balance between these principles and the need to protect the
legitimate rights and expectations of foreign investors on the one hand, and the
need not to unduly restrict the right of host governments to implement their
public policy, including the protection of the environment and human rights,
and the promotion of social and economic justice within the host country, on the
other. Scholars and other actors, both non-governmental and inter-governmental,
responded to the agenda set by the first edition of this book; and the second
edition continues the dialogue. It is essential reading for students, scholars,
practitioners and diplomats interested in the contemporary law of foreign
investment.
Surya P Subedi is Professor of International Law at the University of Leeds and a Barrister at
Tanfield Chambers in London.
This book offers a systematic study of the interpretation
of investment-related treaties – primarily bilateral
investment treaties, the Energy Charter Treaty, Chapter
XI NAFTA as well as relevant parts of Free Trade
Agreements. The importance of interpretation in
international law cannot be overstated and, indeed,
most treaty claims adjudicated before investment
arbitral tribunals have raised and continue to raise
crucial and often complex issues of interpretation. The interpretation of
investment treaties is governed by the Vienna Convention on the Law of Treaties
(VCLT). The disputes related to these treaties, however, are very peculiar as they
oppose a multinational company (or a natural person) to a sovereign government.
Fundamental questions dealt with in the study include: are investment treaties a
special category of treaties for the purpose of interpretation? How have the rules
on interpretation contained in the VCLT been applied in investment disputes?
What are the main problems encountered in investment-related disputes? To
what extent are the VCLT rules suited to the interpretation of investment treaties?
Have tribunals developed new techniques concerning treaty interpretation?
Are these techniques consistent with the VCLT? How can problems related to
interpretation be solved or minimised? How creative have arbitral tribunals been
in interpreting investment treaties? Are States capable of keeping effective control
over interpretation?
Tarcisio Gazzini is an Associate Professor in the Faculty of Law at the Vrei Universiteit,
Amsterdam.
May 2016 • 288 pages
Paperback • 9781509903016 • £39.99 / $68.95
Hart Publishing
August 2016 • 400 pages
Hardback • 9781849462686 • £75 / $128
Hart Publishing
International Trade Law
The Legitimacy of the World
Trade Organisation
Public Procurement and
Labour Rights
Joshua Meltzer
Towards Coherence in International
Instruments of Procurement Regulation
The range of global challenges faced today – from
economic integration to climate change and food
security – has highlighted the need for effective
international governance. The WTO plays a key role in
the governance of world trade, which has grown almost
200% since the WTO’s beginning. Moreover, the role
of trade in driving international economic integration
means that formerly domestic regulation, on issues as
varied as human health and labelling standards, directly affect international trade
and are increasingly subject to WTO rules. The scope of the WTO’s power and
role in international economic governance highlights the need for this power
to be legitimate. Only legitimate governance – where the exercise of power is
accepted by those subject to its power – is sustainable and ultimately effective.
A legitimacy deficit reduces the ability of the WTO to drive liberalisation or
develop rules to address new challenges, and ultimately leads to non-compliance
by countries with their WTO commitments. Drawing on different democratic
theories to analyse the legitimacy of the WTO, its rules and jurisprudence, this
book examines the question of legitimacy and proposes how current limits to the
WTO’s legitimacy can be addressed.
Maria Anna Corvaglia
This book examines the complex issue of whether
there can be an international architecture for public
procurement, through the prism of labour law
and policy. In particular it is concerned with the
fragmentation of the international framework of
procurement law into regulatory models that develop independently and that
follow different mechanisms for the inclusion of labour policy and labour law. The
work offers an innovative comparative approach, discussing the ways in which
the different international regulatory models are able to implement (aspects of )
labour rights with the available procurement instruments. Scholarly, rigorous and
timely, this will be important reading for all international trade lawyers.
Maria Anna Corvaglia is a Post Doctoral Research Fellow at Durham Law School.
March 2017 • 320 pages
Hardback • 9781782259039 • £55 / $95
Series: Studies in International Trade Law • Hart Publishing
Joshua Meltzer is a Fellow in the Global Economy and Development Program at the
Brookings Institution and an Adjunct Professor at the Georgetown University Law School
and at the John Hopkins School of Advanced International Studies in Washington DC.
December 2016 • 224 pages
Hardback • 9781849463737 • £45 / $77
Series: Studies in International Trade Law • Hart Publishing
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61
Hart Publishing • International Trade Law
WTO Retaliation
Rethinking Free Trade,
Economic Integration and
Human Rights in the Americas
Effectiveness and Purposes
Michelle Limenta
This book examines the effectiveness of retaliation
in the context of World Trade Organization (WTO)
dispute settlement. WTO dispute settlement is one of
the most active international adjudicative systems in
the world. The significant number of disputes brought
before it demonstrates the Members strong confidence
in the system. It is also widely accepted that WTO
dispute settlement has a reasonably good record
of compliance. Respondent Members generally comply with adverse rulings.
However, there are a few examples of disputes where the losing party fails to
comply. This has raised the issue of the efficacy of WTO retaliation. WTO retaliation
is commonly seen as an instrument to induce the recalcitrant state to comply in
the event of continued non-compliance. Many commentators argue that it works
in a frustrating way in inducing compliance, particularly when the losing party is a
developed country Member. This book considers and weighs these criticisms, but
it takes a fresh approach in measuring the effectiveness of retaliation. It evaluates
effectiveness using a purpose-based analysis. This approach is backed up by
the dictionary definition of effectiveness which suggests that a rule is deemed
effective if it can achieve its underlying purpose.
Michelle Limenta is a Deputy Director of the Centre for International Trade and
Investment (CTI) at Universitas Pelita Harapan, Indonesia.
February 2017 • 352 pages
Hardback • 9781509900008 • £55 / $110
Hart Publishing
María Belén Olmos Giupponi
This monograph offers the first systematic overview of
the protection of human rights in trade agreements
in the Americas. Traditionally trade agreements in the
Americas were concerned with economic questions
and paid little attention to human rights. However, in
the wake of the ‘new regionalism’ which emerged at the
end of the last century, more clauses addressing social issues such as labour rights
and environmental standards, were inserted in trade agreements. As economic
integration increased, a framework for the protection of human rights evolved.
This book argues that this framework allows for both human rights protection
on a transnational level, while constructing regional identities. Looking at the
four key regional integration processes, namely the Caribbean Community, the
Central American Integration System, the Andean Community of Nations and the
Southern Common Market, it shows how the integration process has reached a
considerable degree of consolidation. Writing on key sources in English for the
first time, this book will be essential reading for all free trade and human rights
scholars.
María Belén Olmos Giupponi is a Lecturer in Law at Stirling University.
August 2016 • 400 pages
Hardback • 9781849467445 • £60 / $86
Hart Publishing
Reconceptualising the Rule of Law in Global Governance, Resources, Investment
and Trade
Edited by Photini Pazartzis & Maria Gavouneli with Anastasios Gourgourinis and Matina Papadaki
The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the
Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment
to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global
governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book
looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three part
structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The
contributions also deal with how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will
appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Photini Pazartzis is Professor of International Law and Maria Gavouneli is Assistant Professor of International Law, both at the National and Kapodistrian University of Athens.
Anastasios Gourgourinis is Lecturer in Public International Law and Matina Papadaki is a PhD candidate, both at the National and Kapodistrian University of Athens.
May 2016 • 370 pages
Hardback • 9781849468800 • £55 / $95
Hart Publishing
62
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Labour and Discrimination Law
Religious Freedom, Religious
Discrimination and the
Workplace
Lucy Vickers
The second edition of this successful textbook is fully
revised and updated in light of recent case law from the
UK and European Court of Human Rights which deals
with religious discrimination and freedom of religion.
It considers the extent to which religious interests are
protected at work, with particular reference to the
protection against religious discrimination provided by the Equality Act 2010.
It establishes a principled basis for determining the proper scope of religious
freedom at work, and considers the interaction of freedom of religion with the
right not to be discriminated against on grounds of religion.
The book locates the debates surrounding religion and belief equality within a
philosophical and theoretical framework in which the importance of freedom of
religion and its role within the workplace is fully debated. It is essential reading for
students and academics alike.
Lucy Vickers is a Professor of Law at Oxford Brookes University.
Discrimination as Stigma
A Theory of Anti-Discrimination Law
Iyiola Solanke
This monograph contributes to the understanding of
anti-discrimination law and theory. It explores questions
surrounding the logic of equality law and reviews
current theoretical approaches to this area of law. Using
sociological theory, the author presents an anti-stigma
principle and promotes it as a method to determine
the scope of legal protection from discrimination.
The anti-stigma principle departs from structural
stigma – structural stigma recognises the role of both individual and institutional
action in the process of stigmatisation. In so doing, it offers a practical method
to reconstruct anti-discrimination law so that it incorporates both individual
and social responsibility. In developing and applying the anti-stigma principle,
the book draws upon case law from jurisdictions including the UK, the USA and
Canada, as well as wider international law.
Iyiola Solanke is Senior Lecturer in Law at the School of Law, University of Leeds and an
Associate Academic Fellow of the Inner Temple.
August 2016 • 183 pages
Hardback • 9781849467384 • £60 / $104
Hart Publishing
September 2016 • 294 pages
Paperback • 9781849466363 • £40 / $69
Hart Publishing
The Right to Privacy in
Employment
A Comparative Analysis
Temporary Labour Migration
in the Global Era
The Regulatory Changes
Edited by Joanna Howe & Rosemary Owens
Marta Otto
At the beginning of the twenty-first century the term
‘privacy’ gained new prominence around the world,
but in the legal arena it is still a concept in ‘disarray’.
Enclosing it within legal frameworks seems to be a
particularly difficult task in employment context, where
encroachments upon privacy are not only potentially
more frequent, but also, and most importantly, qualitatively different than those
taking place in other areas of modern society. This book suggests that these
problems can only be addressed by development of a holistic approach to its
protection, an approach that addresses the issue of not only contemporary
regulation but also the conceptualization, adjudication, and common (public)
perception of employees’ privacy.
This is the first academic legal book on temporary
labour migration. Its aim is to open up a discussion on
the topic through essays by leading scholars in law,
economics, sociology and political science, using a
comparative and interdisciplinary method.
The book draws on a comprehensive analysis of the conceptual as well as
regulatory convergences and divergences between European, American and
Canadian models of privacy protection, to reconsider the conceptual and
normative foundations of the contemporary paradigm of employees’ privacy and
to elucidate the pillars of a holistic approach to the protection of right to privacy
in employment.
The legal regulation of temporary labour migration in
the global era is highly topical but under-researched, despite the extraordinary
growth in this phenomenon. There is scarcely a nation state that is not now
touched by labour migration. In 2015 it is estimated there are more than 232
million persons working in a country other than their country of origin. Migration
is thus a labour issue and labour mobility has become a key feature of the global
economy. Prestigious global institutions promote temporary labour migration
as a means of development for poorer nations and as a ‘triple win’, benefitting
countries of origin and destination, as well as individual migrants. The case in
support is often articulated in one-dimensional fashion, focusing on economic
outcomes and marginalising other factors. This edited collection provides an
opportunity for a more robust examination of temporary labour migration
through a broader consideration of the nature and distribution of any economic
benefits.
Marta Otto is Research Associate at the Institute for Civil and Labour Law at Goethe
University Frankfurt am Main.
Joanne Howe is Senior Lecturer and Rosemary Owens is Emerita Professor, both at the
University of Adelaide.
August 2016 • 208 pages
Hardback • 9781509906116 • £65 / $112
Hart Publishing
August 2016 • 352 pages
Hardback • 9781509906284 • £65 / $112
Series: Oñati International Series in Law and Society • Hart Publishing
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63
Hart Publishing • Labour and Discrimination Law
The European Social Charter
and Employment Relations
The Law of the Activating
Welfare State
Edited by Niklas Bruun, Klaus Lörcher,
Isabelle Schömann & Stefan Clauwaert
Edited by Eberhard Eichenhofer
This collection addresses the potential of the European
Social Charter to promote and safeguard social rights
in the European Union. Drawing on the expertise of
Transnational Trade Union Rights members from across
Europe, it provides a comprehensive commentary on
these fundamental rights. Taking a two part approach,
it offers a new legal analysis of the role of the Council
of Europe and the Secretary of the European Committee of Social Rights in the
promotion of social and workers’ rights. This examination is timely, given the
pressure exerted on those rights during the recent period of economic crisis.
Furthermore, in the light of the predominantly economic vision of Europe,
such analysis is crucial. The collection will stimulate academic scrutiny and raise
awareness amongst practitioners and trade unions about the necessary anchor of
the social dimension of the European Union in legal and political practice.
Niklas Bruun is Professor of Law at the Hanken School of Law, Helsinki.
Klaus Lörcher is former Legal Adviser to the European Trade Union Confederation (ETUI)
and former Legal Secretary of the Civil Service Tribunal of the European Union.
Isabelle Schömann is Senior Researcher at the European Trade Union Institute (ETUI).
Stefan Clauwaert is a Researcher at the European Trade Union Institute (ETUI).
The most profound reform of social policy in Germany
during the last decade was the labour market reforms
2003/4. It was initiated by a reform commission chaired
by Peter Hartz (Volkswagen) and its motifs and results
are still controversial today.
This book tries to identify these reforms by illustrating
the international and European context. It unveils
parallel developments in the Netherlands, Denmark, the United Kingdom and
France, and shows to which extent the German reform had been driven and
enhanced by the European Employment Strategy.
The study does not focus on the details of the reform but its new elements: case,
management, conditional social benefits, obligations to cooperate and sanctions.
It shows that its leitmotif is not neoliberal but communitarian.
Eberhard Eichenhofer is Professor of Social Law at Friedrich-Schiller-University, Jena.
July 2015 • 176 pages
Hardback • 9781509900244 • £35 / $60
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
August 2016 • 464 pages
Hardback • 9781509906321 • £70 / $103
Hart Publishing
Extending Working Life for Older Workers
Age Discrimination Law, Policy and Practice
Alysia Blackham
The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the ageing ‘challenge’ in
employment and to achieve instrumental and intrinsic objectives, it is unclear what impact they are having in practice. This book therefore
addresses two overarching questions in the field of employment: How are UK age discrimination laws operating in practice? And how, if at
all, could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying
a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. The book demonstrates the
substantial limitations of the Equality Act 2010 for achieving instrumental and intrinsic objectives in the context of age discrimination. Drawing
on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve
attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis,
comparative analysis of the law in Finland, and the Delphi method, it proposes targeted legal and policy changes to address demographic change and offers an agenda
for reform to increase the impact of age discrimination laws, to enable law to respond effectively to demographic ageing.
Alysia Blackham is Senior Lecturer at Melbourne Law School.
September 2016 • 208 pages
Hardback • 9781509905768 • £55 / $94
Hart Publishing
64
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Law and Humanities
A Transnational Study of Law and Justice on TV
Edited by Peter Robson & Jennifer L Schulz
This collection examines the coverage of law and justice on television in different countries around the world. It provides a benchmark for
further study of the nature and extent of television coverage of justice in fictional, reality and documentary forms. It does this by drawing on
empirical work from a range of scholars in different jurisdictions. Each chapter looks at the raw data of how much 'justice' material viewers
were able to access in the multi-channel world of 2014 looking at three phases – apprehension (police); adjudication (lawyers), and disposition
(prison/punishment).
All of the authors indicate how television has developed in their countries. Each author also examines how 'TV justice' has developed in each
different jurisdiction. Readers will find interesting variations and some thought-provoking similarities. There are a lot of television shows focused
on legal themes that are imported around the world and the authors analyse these as well.
This book is a must-read for anyone interested in law, popular culture, TV, or justice and provides an important addition to the literature due to its grounding in empirical
data.
Peter Robson is Professor of Law at Strathclyde University, Scotland.
Jennifer L Schulz is Associate Professor of Law at the University of Manitoba, Canada.
October 2016 • 208 pages
Hardback • 9781509905683 • £60 / $104
Hart Publishing
Legal Education and the Legal Profession
The Business of Law
Bewigged and Bewildered?
Social, Economic and Ethical Perspectives
on Lawyers and Legal Services
A Guide to Becoming a Barrister in England
and Wales
Richard Moorhead & Steven Vaughan
Adam Kramer & Ian Higgins
Legal Services around the world, but particularly in
England and Wales, are undergoing a profound change.
Commercial pressures, changes to regulatory structures,
increased innovation and consumer power are having a
direct impact on the sector. That impact on the quality,
price and ethicality of lawyering needs serious scrutiny.
Law students, policy makers and practitioners need to understand that inquiry.
This book aims to document and explore the dynamics of law as a business. It
provides extensive commentary and materials on the developing market for legal
services in England and Wales. It includes a set of conceptual and evidence-based
materials to help law students and other readers understand the evolution of that
marketplace. It takes a law and society approach to lawyers combining empirical,
policy and ethical perspectives.
It is aimed in particular at undergraduate and postgraduate courses on lawyers,
legal ethics, and lawyers in society. It will be of interest to legal systems courses
as well as legal ethics courses and to others seeking to understand the brave new
world of legal services after the Legal Services Act 2007.
Richard Moorhead is the first holder of the Chair in Law and Professional Ethics at
University College London, and Director of the Centre for Ethics and Law.
Steven Vaughan is a Lecturer at Birmingham Law School and Director of Education at its
Centre for Professional Legal Education and Research.
December 2016 • 336 pages
Hardback • 9781849466936 • £35 / $70
Hart Publishing
Misunderstandings and jargon prevent many from
seriously considering a career as a barrister in the belief
that such a career is not for them or that they are not
for it. Others know that they might want to become
barristers but not how to go about it, or just want to
know more about this somewhat mysterious profession.
This book, written by two barristers, clearly but informally explains the traditions,
terminology and institutions of the Bar, and what it is actually like to be a barrister.
With this aim, several barristers practicing in different fields describe in detail a
typical week in their life. Advice is then given on how to be accepted into, fund
and survive the various academic and other stages that precede qualification as
a barrister, including work experience, Bar School, and pupillage (the barrister’s
apprenticeship). It explains how to transfer to the Bar, for the benefit of solicitors,
overseas lawyers or those in a non-legal career.
This third edition is fully updated to take account of the most recent changes to
the Bar, training for it, and the process of recruitment to it.
Adam Kramer and Ian Higgins are barristers at 3 Verulam Buildings. Adam was previously
a lecturer in law at the Universities of Durham and Oxford, and Ian is a former solicitor.
June 2016 • 240 pages
Paperback • 9781509905362 • £16.99 / $29.95
Hart Publishing
World English
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65
Legal History
Law and Society in England 1750-1950
William Cornish, Steve Banks, Charles Mitchell, Paul Mitchell & Rebecca Probert
Law and Society in England has become an indispensible text for those wishing to study English legal history and to understand the foundations
of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They
consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to
demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights
and expectations and an engaging study of the formation of contemporary institutions and the road that was travelled to create them.
The book is divided into eight chapters covering; institutions and ideas, land, commerce and industry, labour relations, the family, poverty and
education, accidents and crime
This extensively referenced analysis of modern legal history will be invaluable to students and teachers of the law alike, as well as political
scientists and historians.
William Cornish was Professor of English Law at the London School of Economics and Political science, then Professor of Law at the University of Cambridge.
Steve Banks is a Senior Lecturer and Co-Director of the Forum for Legal and Historical Research at the University of Reading.
Charles Mitchell and Paul Mitchell are both Professors of Law at University College London.
Rebecca Probert is Professor of Law at the University of Warwick.
March 2017 • 758 pages
Paperback • 9781849462730 • £35 / $60
Hart Publishing
Legal Philosophy
Freedom and Force
Legal Validity
Essays on Kant’s Legal Philosophy
The Fabric of Justice
Edited by Sari Kisilevsky & Martin J Stone
Maris Köpcke Tinturé
This collection of essays takes as its starting point Arthur
Ripstein’s seminal work, Force and Freedom: Kant’s Legal
and Political Philosophy, where he reveals the systematic
unity of Kant’s thinking about law, and at the same
time sheds an instructive light on many contemporary
issues in legal and political philosophy. The essays offer
readings and elucidations of Ripstein’s thought, dispute
some of his claims and extend some of his themes
within broader philosophical contexts, thus elaborating on the significance of
Ripstein’s presentation of Kant for contemporary legal and political philosophy.
They offer themselves as contributions to normative philosophy in a broadly
Kantian spirit. Prominent themes include rights in the body, the relation between
morality and law, the nature of coercion and its role in legal obligation, the role
of indeterminacy in law, the nature and justification of political society and the
theory of the state. The resulting volume will be of interest to a wide audience,
including legal scholars, Kantian scholars, and philosophers with an interest in
Kant or in legal and political philosophy.
Sari Kisilevsky is an Assistant Professor of Philosophy at Queens College in the City
University of New York.
Martin J Stone is Professor of Law in the Benjamin N Cardozo School of Law at Yeshiva
University, and Adjunct Professor of Philosophy at the New School University.
September 2016 • 200 pages
Hardback • 9781849463164 • £50 / $86
Series: Law and Practical Reason • Hart Publishing
Legal reasoning settles morally pressing matters
through a technique that largely bypasses open-ended
moral argument. That technique makes central what
certain persons validly decided in the past, for example
in creating statutes, judicial resolutions, contracts, or
wills. Identifying valid decisions is a lawyerly skill and,
echoing legal practice, legal philosophy has paid
considerable attention to validity criteria. But it has
neglected to explore validity’s point: whether, and if so exactly how, the special
technique of validity contributes to a legal system’s ability to realize justice and
human rights. Even the most sensible defences of the moral need for positive law
have insufficiently probed this key step in the argument.
This book lays bare the workings of legal validity, and shows why, and within what
general limits, this technique equips legal systems with privileged tools to foster
human well-being. In so doing, the book explains how power-conferring norms
setting out validity criteria endow agents’ intentions with ‘performative’ effect (‘I
hereby…’) and can secure the requirement of justice that there be widespread
convergence on specific patterns of conduct shaped through a cooperative
effort. Legal meaning is accordingly systemic, resulting from the valid acts of
multiple agents whose decisions can, by virtue of exercising legal power, also
exercise moral power (authority). In short, the book articulates why it is morally
necessary that validity does not primarily turn on moral considerations.
Maris Köpcke Tinturé is a Lecturer at the Faculty of Law, University of Barcelona, and was
previously a Fellow and Tutor in Law at the University of Oxford.
December 2016 • 256 pages
Hardback • 9781849466868 • £60 / $120
Series: European Academy of Legal Theory Series • Hart Publishing
66
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Hart Publishing • Legal Philosophy
Private Law and the Value of
Choice
The Nature and Value of
Vagueness in the Law
Emmanuel Voyiakis
Hrafn Asgeirsson
Some theories say that private law ought to correct
wrongs, or to protect rights. Others say it ought to
minimise social cost, or to maximise social welfare.
This book says that private law ought to make our
responsibilities to others depend on the opportunities
we have to affect how things will go for us. Its main
argument draws on the ‘value of choice’ account of
substantive responsibility developed by T.M. Scanlon.
The book’s purpose is to explain how we can deploy that account to measure the
moral merits of principles of contract and tort law. Particular chapters discuss the
justification for imposing the burden of repair on a person; the role of our agency
and our general capacities in judgements of responsibility; the significance of
reason-responsiveness and avoidability; the effect of inequalities of bargaining
power; and the case for holding a person responsible for another’s mistakes.
Lawmaking is - paradigmatically - a type of speech act:
people make law by saying things. It is natural to think,
therefore, that the content of the law is determined by
what lawmakers communicate. However what they
communicate is sometimes vague, and even when it
is clear, the content itself is sometimes vague. In this
monograph, Hrafn Asgeirsson examines the nature
and consequences of these two linguistic sources of
indeterminacy in the law. The aim is to give plausible answers to three related
questions: In virtue of what is the law vague? What might be good about vague
law? How should courts resolve cases of vagueness? Asgeirsson argues that
vagueness in the law is sometimes a good thing, although its value should not be
overestimated. He also proposes a strategy for resolving borderline cases, arguing
that textualism and intentionalism - two leading theories of legal interpretation in a significant sense often complement rather than compete with each other.
Emmanuel Voyiakis is a law lecturer at the London School of Economics and Political
Science.
Hrafn Asgeirsson is Postdoctoral Research Fellow at the University of Iceland.
July 2016 • 188 pages
Hardback • 9781841138862 • £70 / $120
Series: Law and Practical Reason • Hart Publishing
January 2017 • 200 pages
Hardback • 9781849466066 • £63 / $108
Series: Law and Practical Reason • Hart Publishing
Law in Theory and History
Metaphilosophy of Law
New Essays on a Neglected Dialogue
Edited by Paweł Banaś, Adam Dyrda & Tomasz
Gizbert-Studnicki
Edited by Maksymilian Del Mar & Michael
Lobban
This collection of original essays brings together
leading legal historians and theorists to explore the
oft-neglected but important relationship between
these two discplines. Legal historians have often
been sceptical of theory. The methodology which
informs their own work is often said to be an empirical
one, of gathering information from the archives and
presenting it in a narrative form. The narrative produced by history is often said
to be provisional, insofar as further research in the archives might falsify present
understandings and demand revisions. On the other side, legal theorists are often
dismissive of historical works. History itself seems to many theorists not to offer
any jurisprudential insights of use for their projects: at best, history is a repository
of data and examples, which may be drawn on by the theorist for her own
purposes. The aim of this collection is to invite participants from both sides to ask
what lessons legal history can bring to legal theory, and what legal theory can
bring to history. What is the theorist to do with the empirical data generated by
archival research? What theories should drive the historical enterprise, and what
wider lessons can be learned from it? This collection brings together a number of
major theorists and legal historians to debate these ideas.
This book examines the approaches of Anglo-Saxon
and continental philosophy of law to the purpose of
legal philosophy, the role of disagreement in legal
philosophy, the methodology of legal philosophy
and the normativity of law. These areas of legal
metaphilosophy have recently received significant
attention in the literature, and the debates are at
once vivid and open, with basic fundamental issues
remaining sources of controversy. The authors of particular chapters are
internationally recognized scholars rooted in various traditions: Anglo-Saxon,
Southern-European, Nordic, German and Central-European. They represent
different approaches and different backgrounds, and enable the volume
to contribute to cross-cultural discussions of the fundamental issues in the
philosophy of law.
Paweł Banaś is a PhD student in legal theory, Adam Dyrda is Assistant Professor in the
Department of Legal Theory and Tomasz Gizbert-Studnicki is Full Professor of Law and
Head of the Department of Legal Theory, all at the Jagiellonian University in Kraków.
August 2016 • 304 pages
Hardback • 9781509906079 • £65 / $112
Hart Publishing
Makysmilian Del Mar is Senior Lecturer in Law and Philosophy at Queen Mary University
London.
Michael Lobban is Professor of Legal History at the London School of Economics and
Political Science.
September 2016 • 352 pages
Hardback • 9781849467995 • £75 / $128
Hart Publishing
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67
Hart Publishing • Legal Philosophy
Ethical Rationalism and the Law
Edited by Patrick Capps & Shaun D Pattinson
What role does reason have to play in determining what, if anything, is morally right? What role does morality have to play in law? Perhaps
the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The
contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the
intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as
the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.
Patrick Capps is Professor of International Law at the University of Bristol.
Shaun D Pattinson is Professor of Medical Law and Ethics at Durham University.
March 2017 • 240 pages
Hardback • 9781849467865 • £55 / $95
Hart Publishing
Litigation and Civil Procedure
Collective Actions
A Comparative Study
A Comparative Examination of
Multi-Party Actions
Rebecca Money-Kyrle
The Case of Environmental Mass Harm
This is a wide-ranging study of collective redress.
The procedural rules applicable to collective redress
ought to filter out cases which do not fulfil certain
criteria determined in accordance with the assumed
or explicit aims of the mechanisms. Those rules may
be regarded as ‘safeguards’ against abusive litigation or
barriers to access to justice. Typical examples include
rules restricting rights qualifying for collective redress,
admissibility controls, restrictions on legal standing and representation and
controls on funding and costs. Whether such rules act as justifiable ‘safeguards’
or ‘barriers’ depends on the conceptual model and policy aims adopted in each
jurisdiction. Thus, this work has two aims. First, it examines different conceptual
models of collective redress. Secondly it undertakes a detailed comparative
review of examples of those models to ascertain which types of safeguards or
barriers are incorporated in order to maximise the effectiveness and policy aims.
Jurisdictions studied stretch from Latin America, the USA and Europe, to Asia and
Africa. Besides examining generic collective redress mechanisms, the study takes
into account ‘regulatory’ enforcement models such as sector-specific collective
procedures in consumer protection, financial services and securities law,
environmental protection, employment law and fundamental rights.
Rebecca Money-Kyrle is a post-doctoral researcher at the Centre for Socio-legal Studies,
University of Oxford.
February 2017 • 464 pages
Hardback • 9781849463690 • £65 / $112
Series: Civil Justice Systems • Hart/Beck
68
Joanne Blennerhassett
This monograph addresses the phenomenon of mass
harm and how it may be resolved through collective
redress. It examines particularly how such redress may
be achieved through mechanisms such as multiparty actions (MPAs). In order to do this, an analytical
framework is created against which to evaluate various
multi-party procedures. This is illustrated through the experience of a selection
of common law jurisdictions in dealing with mass harm - namely that of England
and Wales, Canada, Australia and the United States, as well as that of EU collective
redress. It examines multi-party action laws benchmarked against the objectives
identified in the analytical framework. The phenomenon of environmental
mass harm in particular is explored as a case study, as it illustrates some of
the difficulties that may arise in mass harm litigation. Also, this work explores
where the best solutions for mass harm redress may lie in the future - perhaps
in collective actions or through alternatives such as regulation and alternative
dispute resolution or a combination of these. Finally, the experience of mass harm
litigation in Ireland is examined, as currently this jurisdiction does not have an
effective mechanism for dealing with mass harm.
Joanne Blennerhassett is a Lecturer in Law at University College Dublin.
June 2016 • 304 pages
Hardback • 9781509905294 • £60 / $103
Series: Civil Justice Systems • Hart/Beck
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Media Law
Media Law and Policy in the
Internet Age
Positive Free Speech
Edited by Doreen Weisenhaus & Simon N M
Young
Edited by Andrew Kenyon & Andrew Scott
The Internet has transformed the ways in which we
communicate and disseminate information. The
Internet has helped to further the aims of journalism
and been a friend to the media. But journalistic activities
and other conduct on the Internet have led to policy
rethinking and legal reforms that impact on media
practices and freedoms. This book explores the media
law and policy reforms that have taken place in the Internet age and examines
the processes of reform. The book concentrates on three areas of reform of
international significance: defamation law, regulation of the media and Internet,
and national security laws. All of the authors are pre-eminent legal practitioners
or scholars from the United Kingdom, Australia, Canada, the United States, Hong
Kong, New Zealand, Singapore, Philippines, Switzerland and China. Most are the
leading practitioners on medial law in their jurisdictions.
Doreen Weisenhaus is Associate Professor at the Journalism and Media Studies Centre at
the University of Hong Kong.
Simon N M Young is Professor and Associate Dean (Research) in the Faculty of Law at the
University of Hong Kong.
September 2016 • 336 pages
Hardback • 9781782257400 • £60 / $120
Hart Publishing
Rationales, Methods and Implications
Freedom of expression is generally analysed as a
bare liberty that should not be constrained by state
action. Underpinning rationales for freedom of speech
very often imply, however, that the concept also
has important positive aspects, and that to be truly
‘democratic’ the modern polity requires more than
negative freedom. In contemporary conditions, this
understanding of free speech raises matters such as
media diversity or pluralism, the concept of voice and access to the public sphere,
access to information, and the need to rethink the audience in relation to public
speech. Whether securing positive free speech is a matter of politics or of law, a task
for legislatures or for courts, is an open question.
The aim of this collection of papers is to interrogate the rationales of positive free
speech, to consider the political and juridical methods by which it has or may be
more fully reflected in the modern state, and to consider the range of practical
contexts in which its valorisation has or would have significant implications. The
contributors are drawn from an array of European and international jurisdictions.
They include academic lawyers, sociologists, and political scientists.
Andrew Kenyon is Professor of Law and a Director of the Centre for Media and
Communications Law in the Melbourne Law School.
Andrew Scott is an Associate Professor in the Department of Law at the London School of
Economics and Political Science.
November 2016 • 320 pages
Hardback • 9781509908295 • £75 / $128
Hart Publishing
Medical Law and Ethics
Ethical Judgments
Legal Insanity and the Brain
Re-Writing Medical Law
Science, Law and European Courts
Edited by Stephen Smith, John Coggon,
Clark Hobson, Richard Huxtable, Sheelagh
McGuinness, José Miola & Mary Neal
Edited by Sofia Moratti & Dennis Patterson
This edited collection is designed to explore the ethical
nature of judicial decision-making, particularly relating
to decisions in the health/medical sphere, where
judges are often called upon to make decisions in cases
containing an explicit ethical component.
The project explores this dichotomy by imagining a world in which decisions
by judges have to be ethically as well as legally valid. Nine specific cases are
reinterpreted in light of that requirement by leading academics in the fields of
medical law and bioethics. Two judgements will be written in each case, allowing
for different views to be presented. Two commentaries - one ethical and one legal then explore the ramifications of the ethical judgments and provide an opportunity
to explore the two judgments from additional ethical and legal perspectives.
Stephen Smith is a Lecturer at Birmingham Law School, University of Birmingham. John
Coggon is Professor of Law and the Philosophy of Public Health at the University of
Southampton. Clark Hobson is a Teaching Fellow at Birmingham Law School, University of
Birmingham. Richard Huxtable is Professor of Medical Ethics & Law, and Deputy Director
of the Centre for Ethics in Medicine at the University of Bristol. Sheelagh McGuinness is
Senior Lecturer in Law at the University of Bristol. José Miola is Professor of Medical Law at
the University of Leicester. Mary Neal is a Senior Lecturer at the University of Strathclyde.
This landmark publication offers a unique comparative
and interdisciplinary study of criminal insanity and
neuroscience. Criminal policy theories and ideologies
which underpin the regulation of criminal insanity
have always been the subject of controversy. The
history of criminal insanity is characterised by constant
conceptual and empirical tension between two
disciplinary realms: the law and mind science. The
authors in this anthology explore in depth the state of the art of legal insanity
and the numerous intricate, fascinating, pioneering and sophisticated questions
raised by the integration of different criminal law and behaviour theories, diverse
disciplines and methodologies, in a genuinely interdisciplinary perspective.
Sofia Moratti is Senior Research Fellow at the Department of Law of the European
University Institute in Florence, Italy.
Dennis Patterson is Professor of Legal Theory and Legal Philosophy at the European
University Institute in Florence, Italy.
August 2016 • 272 pages
Hardback • 9781849467919 • £45 / $77
Hart Publishing
September 2016 • 264 pages
Paperback • 9781849465793 • £35 / $70
Hart Publishing
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69
Private International Law
European Private International
Law
Geert Van Calster
As one of the most definitive texts on the market,
European Private International Law provides an
essential guide for both students and practitioners to
the complex field of international litigation within the
EU. The private international law of the Member States
is increasingly regulated by European law, making
private international law ever less ‘national’ and ever
more EU based. Consequentially EU law in this area has
penetrated national law to a very high degree, making it an essential area of study
and an area of increasing importance to practising lawyers. This book provides
a thorough overview of core European private international law, including
the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for
contracts and tort), while additional chapters deal with the recently adopted
Succession Regulation, private international law and insolvency, freedom of
establishment, and the impact of PIL on corporate social responsibility.
Geert Van Calster is Professor and Head of the Department of International and European
Law at KU Leuven.
The Choice of Law Contract
Maria Hook
This book offers a contractual framework for the
regulation of party autonomy in choice of law. The
party autonomy rule is the cornerstone of any modern
system of choice of law; embodying as it does the
freedom enjoyed by parties to a cross-border legal
relationship to agree on the law applicable to it.
However, as this study shows, the rule has a major
shortcoming due to its failure to give due regard to the
contractual function of the choice of law agreement.
By looking at the existing law from several jurisdictions (including both common
and civil law jurisdictions) and international agreements, it clearly sets out the
existing law on the choice of law. Moreover, it suggests a new coherent approach
to party autonomy that integrates both the law of contract and choice of law. This
important new study should be read with interest by private international law
scholars.
Maria Hook is a Lecturer in Law at the University of Otago.
July 2016 • 272 pages
Hardback • 9781849467643 • £60 / $103
Series: Studies in Private International Law • Hart Publishing
March 2016 • 576 pages
Paperback • 9781849466721 • £32 / $55
Hart Publishing
Property Law
The Law of Rights of Light
Current Issues in Succession
Law
Michael Barnes QC
The book provides the authoritative statement on the
current law on rights of light in England and Wales.
Property law has offered protection to the access of
natural light to properties for centuries but it has come
to particular prominence in recent years. This is due to
various factors including the existence of easements of
light being regarded as inhibiting development and the
unsatisfactory nature of elements of the law. This has
given rise to two recent Law Commission reports: one
on easements generally (2011); one on rights of light (2014). Both contain major
proposals for law reform.
The purpose of this textbook is to clearly explain the law on rights of light.
In practice such issues and disputes involve technical subjects, answers to
which require the expertise of technical experts such as light surveyors. An
attempt is made in the book to explain from a non-technical point of view
how measurements and calculations are undertaken in this area. It will be an
invaluable tool for lawyers and landowners who do not always understand these
technical subjects. In addition, it will be essential reading for surveyors not familiar
with the legal concepts and difficulties in relation to the law of rights of light.
Edited by Birke Häcker & Charles Mitchell
While continental and comparative lawyers have
recently rediscovered succession law as an area of
immense practical importance deserving greater
academic attention, it is still a neglected field in
England. This book aims to reinvigorate the English
debate. It brings together contributions by leading
academics and practitioners engaging with topical
issues as well as questions of fundamental importance
in succession law and estate planning. The book will be of interest to both
academics and practitioners working in the field, and to non-English comparative
lawyers.
Birke Häcker is a Senior Research Fellow at the Max Planck Institute for Tax Law and Public
Finance, Munich, and a Fellow of All Souls College, Oxford.
Charles Mitchell is Professor of Law at University College London.
June 2016 • 304 pages
Hardback • 9781782256274 • £65 / $112
Hart Publishing
Michael Barnes QC is a barrister and Queen's Counsel of Wilberforce Chambers in
Lincoln's Inn.
March 2016 • 440 pages
Hardback • 9781849468817 • £130 / $260
Hart Publishing
70
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Hart Publishing • Property Law
Passing Wealth on Death
Heritage, Culture and Rights
Will-Substitutes in Comparative Perspective
Challenging Legal Discourses
Edited by Alexandra Braun & Anne Röthel
Edited by Andrea Durbach & Lucas Lixinski
Wealth can be transferred on death in a number of
different ways, most commonly by will. Yet a person can
also use a variety of other means to benefit someone
on death. Examples include donationes mortiscausa,
joint tenancies, trusts, life-insurance contracts and
nominations in pension and retirement plans. In the
US, these modes of transfer are grouped under the
category of ‘will-substitutes’ and are generally treated as
testamentary dispositions.
Much has been written about the effect of the use of will-substitutes in the US,
but little is generally known about developments in other jurisdictions. For the
first time, this collection of contributions looks at will-substitutes in a comparative
perspective. It examines mechanisms that pass wealth on death across a number
of common law, civil law and mixed legal jurisdictions, and explores the rationale
behind their use. It analyses them from different viewpoints, including those
of owners of businesses, investors, as well as creditors, family members and
dependants. The aims of the volume are to show the complexity and dynamics
of wealth transfers on death across jurisdictions, to identify patterns between
jurisdictions, and to report the attitudes towards modes of transfer in light of
their utility and the potential frictions they give rise to with policies and principles
underpinning current laws.
Alexandra Braun is Associate Professor of Law at the University of Oxford.
Anne Röthel is Professor of Law at Bucerius Law School.
Cultural heritage law and its response to human
rights principles and practice has gained renewed
prominence on the international agenda. The recent
conflicts in Syria and Mali, as well as China’s use of
shipwreck sites and underwater cultural heritage to
make territorial claims and the cultural identities of
nations post-conflict highlight the field as an emerging
global focus and stage for the configuration and
contestation of cultural heritage, rights and the broader politics of international
law. The tensions between heritage and human rights is explored in this volume
in relation to heritage and rights in cooperation, in conflict, and as a tool for
rights advocacy. This volume also explores these issues from a distinctively legal
standpoint, considering, for instance, the extent to which the legal tools of
international human rights law help or hinder heritage protection. Covering a
range of issues across Africa, Asia, Europe, Latin America and Australia, this volume
will be of interest to people working in human rights, heritage studies, cultural
heritage management and identity politics around the world.
Andrea Durbach is Professor at the Faculty of Law, University of New South Wales Australia
and Director of the Australian Human Rights Centre.
Lucas Lixinski is Senior Lecturer at the Faculty of Law, University of New South Wales
Australia and a Project Director at the Australian Human Rights Centre.
March 2017 • 288 pages
Hardback • 9781849468084 • £50 / $86
Hart Publishing
June 2016 • 428 pages
Hardback • 9781849466981 • £75 / $129
Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing
The Social Function of
Property and the Human Right
to Security of Tenure in Latin
America
Leticia Marques Osorio
Property has often been regarded as the privilege of a
few and has been employed as a tool to exclude large
numbers of non-proprietors from social and political life.
In Latin America the social function of property doctrine
developed as a response to inequalities and discrimination in land distribution
and access. This book supports a greater role for the state in the enforcement
of the social function of property, because it can contribute effectively to the
realisation of the human rights to housing and land tenure. It also explores how
these rights have operated to provide normative content to, and enforcement of,
the social function of property in specific contexts such as Brazil and Colombia.
The book will be of interest to academics, practitioners and policymakers working
in the areas of property, housing and land rights throughout the world.
Leticia Marques Osorio is a Post-Doctoral Research Fellow in Public Law at the State
University of Rio de Janeiro.
March 2017 • 246 pages
Hardback • 9781849467148 • £53 / $91
Hart Publishing
New Perspectives on Land
Registration
Contemporary Problems and Solutions
Edited by Martin Dixon, Amy Goymour &
Stephen Watterson
The Land Registration Act 2002 (LRA 2002) has been in
force for almost 12 years. When enacted, the legislation,
which replaced the LRA 1925, was intended to offer a
clear and lasting framework for the registration of title to
land in England and Wales. However, confounding the
hopes of its drafters, the legislation’s interpretation and application has generated
many unanticipated problems which require urgent attention. The extent of these
problems is strikingly demonstrated by burgeoning litigation around the LRA
2002, often involving some of the knottiest issues in land law, with major financial
implications turning on the outcome.
This book exposes both theoretical and policy debates, and more concrete,
technical controversies within the law of land registration. Wherever possible, it
will also offer appropriate solutions and/or proposals for reform.
Martin Dixon is Professor of the Law of Real Property, Amy Goymour is University Lecturer
in Land Law and Stephen Watterson is University Lecturer in Law, all at the University of
Cambridge.
December 2016 • 336 pages
Hardback • 9781509906031 • £85 / $146
Hart Publishing
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71
Public International Law
The International Law of the
Sea
The Rule of Law at the National
and International Levels
Donald R Rothwell & Tim Stephens
Contestations and Deference
The second edition of this acclaimed text provides
a contemporary explanation of the foundational
principles of the law of the sea, a critical overview of the
1982 United Nations Convention on the Law of the Sea
and an analysis of subsequent developments including
the many bilateral, regional and global agreements that
supplement the Convention.
Edited by Machiko Kanetake & André
Nollkaemper
All of the main areas of the law of the sea are addressed including the
foundations and sources of the law, the nature and extent of the maritime zones,
the delimitation of overlapping maritime boundaries, the place of archipelagic
and other special states in the law of the sea, navigational rights and freedoms,
military activities at sea, marine resource and conservation issues, marine
environmental protection and dispute settlement.
This book aims to enhance understanding of
the interactions between the international and
national rule of law. It does so by demonstrating
that the international rule of law is not merely about
ensuring national compliance with international
law. International law and institutions (eg, international human rights treatymonitoring bodies and human rights courts) respond to national contestations
and show deference to the national rule of law. While this flexibility might
come at the expense of the certainty of international law, it suggests that the
international rule of law in relation to the national legal order allows flexibility,
national diversity and pluralism.
The book also takes stock of contemporary oceans issues not adequately
addressed by the Convention. Overarching challenges facing the law of the sea
are considered, including how new maritime security initiatives can be reconciled
with traditional navigational rights and freedoms, and the need for stronger legal
and policy responses to protect the global ocean environment from climate
change and ocean acidification.
The essays in this volume are set against the background of increasing conflict
between international and national legal norms. Moreover the book shows
that international law and institutions do not always command blind national
obedience to international law, but incorporate a process of adjustment and
deference to national law and policies that are protected by the rule of law at the
national level.
Donald R Rothwell is Professor of International Law at the Australian National University,
Canberra.
Tim Stephens is Professor of International Law and Australian Research Council Future
Fellow at the University of Sydney.
Machiko Kanetake is an Assistant Professor of Public International Law at Utrecht
University.
André Nollkaemper is Professor of Public International Law and Director of the Amsterdam
Center for International Law at the Faculty of Law of the University of Amsterdam.
February 2016 • 608 pages
Paperback • 9781782256847 • £40 / $69
Hart Publishing
March 2016 • 488 pages
Hardback • 9781849466677 • £65 / $112
Series: Studies in International Law • Hart Publishing
Human Rights Obligations of
Non-State Armed Groups
Security and International Law
Edited by Mary E Footer, Julia Schmidt
Nigel D White & Lydia Davies-Bright
Daragh Murray
This book is concerned with the regulation of non-State
armed groups and the possibility of subjecting such
groups to international human rights law obligations. It
explores the de facto control theory and the possibility
that international law may be applied in the absence
of direct treaty regulation. Instead of proposing a
radical approach to the question, it recommends a
modification of the traditional means of application
in response to the reality of the situation. The work goes on to explore the
attribution of obligations to armed groups in light of potential ratione personae
restrictions. International human rights law treaties are interpreted in light of the
contemporary international context. ‘Armed groups’ status as vertical authorities
facilitates the vertical application of international human rights law in a manner
consistent with both the law and its foundation in human dignity.
Finally, any such application must be effective in practice. To allow for this, a
division of responsibility between the territorial State and the armed group
is proposed. The respect, protect, fulfill framework is adapted to facilitate the
application of human rights obligations in a manner consistent with the control
exerted by both the State and the armed group.
Daragh Murray is a lecturer in the School of Law & Human Rights Centre at the University
of Essex.
April 2016 • 360 pages
Hardback • 9781509901630 • £60 / $103
Series: Studies in International Law • Hart Publishing
72
Of the many challenges that society faces today,
possibly none is more acute than the security of
ordinary citizens when faced with a variety of natural
or man-made disasters arising from climate and
geological catastrophes, including the depletion of
natural resources, environmental degradation, food
shortages, terrorism, breaches of personal security
and human security, or even the global economic
crisis. States continue to be faced with a range of security issues arising from
contested territorial spaces, military and maritime security and security threats
relating to energy, infrastructure and the delivery of essential services. The theme
of this book encompasses issues of human, political, military, socio-economic,
environmental and energy security and raises two main questions. To what
extent can international law address the types of natural and man-made security
risks and challenges that threaten our livelihood, or very existence, in the 21st
century? Where does international law fall short in meeting the problems that
arise in different situations of insecurity and how should such shortcomings be
addressed?
Mary E Footer is Professor of International Economic Law at the University of Nottingham.
Julia Schmidt is Research Fellow in the School of Law at the University of Nottingham.
Nigel D White is Professor of Public International Law at the University of Nottingham.
Lydia Davies-Bright is a PhD student in the School of Law at the University of Nottingham.
May 2016 • 384 pages
Hardback • 9781849466349 • £65 / $112
Series: Studies in International Law • Hart Publishing
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Hart Publishing • Public International Law
Economic Sanctions and
International Law
Arctic Law and Governance
Law and Practice
Edited by Timo Koivurova & Tianbao Qin
Edited by Matthew Happold & Paul Eden
The Role of China and Finland
The objective of this book is to identify similarities
and differences between the positions of Finland (as
an EU Member State) and China, on Arctic law and
governance. The book compares Finnish and Chinese
legal and policy stances in specific policy areas of
relevance for the Arctic, including maritime sovereignty,
scientific research, marine protected areas, the Svalbard
Treaty and Arctic Council participation. Building on
these findings, the book offers general conclusions on Finnish and Chinese
approaches to Arctic governance and international law, as well as new theoretical
insights on Arctic governance.
In recent years sanctions have become an increasingly
popular tool of foreign policy, not only at the
multilateral level (at the UN), but also regionally (the EU
in particular) and unilaterally. The nature of measures
imposed has also changed: from comprehensive
sanctions regimes (discredited since Iraq in the 1990s)
to ‘targeted’ or ‘smart’ sanctions, directed at specific individuals or entities (through
asset freezes and travel bans) or prohibiting particular activities (arms embargoes
and export prohibitions). Bringing together scholars, government and private
practitioners, Economic Sanctions and International Law provides an overview of
recent developments and an analysis of the problems that they have engendered.
Chapters examine the contemporary practice of the various actors, and the
legality (or otherwise) of their activities. Issues considered include the human
rights of persons targeted, and the mechanisms established to challenge their
listing; as well as, in cases of sanctions imposed by regional organisations and
individual states, the rights of third States and their nationals. The book will be of
interest to scholars and practitioners of international law and politics.
Timo Koivurova is Research Professor at the Northern Institute for Environmental and
Minority Law, Arctic Centre, at the University of Lapland.
Tianbao Qin is Professor and Assistant Dean for International Affiliations Research, Institute
of Environmental Law, Wuhan University, China.
Matthew Happold is Professor of Public International Law at the University of
Luxembourg. He also practises as a barrister from 3 Hare Court, London.
Paul Eden is a Lecturer in Law at the University of Sussex.
October 2016 • 224 pages
Hardback • 9781849467025 • £55 / $95
Series: Studies in International Law • Hart Publishing
The book is the result of a collaboration between The Northern Institute for
Environmental and Minority Law (Arctic Centre, University of Lapland) and
researchers from Wuhan University and Shanghai Jiaotong University.
July 2016 • 240 pages
Hardback • 9781849465908 • £60 / $103
Series: Studies in International Law • Hart Publishing
Nationality and Statelessness
in the International Law of
Refugee Status
Eric Fripp
International refugee law anticipates state conduct in
relation to nationality, statelessness, and protection.
Refugee status can be fully understood only against the
background of international laws regarding nationality,
statelessness, and the consequences of national
status or the lack of it. In this significant addition
to the literature a leading practitioner in these fields examines, in the light of
international law, key issues regarding refugee status including identification of
'the country of his nationality', concepts of 'effective nationality', and the inclusion
within 'persecution' of a range of acts or omissions focused on nationality.
Eric Fripp is a barrister specialising in public, immigration and asylum law at Lamb
Building, Temple.
July 2016 • 304 pages
Hardback • 9781782259213 • £60 / $104
Hart Publishing
Complicity and its Limits
in the Law of International
Responsibility
Vladyslav Lanovoy
This book examines the responsibility of States and
international organizations for complicity (aid or
assistance) in an internationally wrongful act. Despite
the recognition of responsibility for complicity as a rule
of customary international law by the International
Court of Justice, this book argues that the effectiveness
and utility of this form of responsibility is fraught with systemic and operational
limits. These limits include a lack of clarity in its constituent elements, its coexistence with primary rules prohibiting complicity and the obligations of due
diligence, its implementation and the underlying causal tests, its uncertain
relationship to other forms of shared and indirect responsibility, and its potential
as a form of attribution of conduct. This book submits that the content and
elements of this form of responsibility need adjustments to respond more
effectively to the phenomenon of complicity in international affairs.
Vladyslav Lanovoy works at an international law firm in London and was former Assistant
Legal Counsel at the Permanent Court of Arbitration.
August 2016 • 400 pages
Hardback • 9781782259404 • £60 / $110
Series: Studies in International Law • Hart Publishing
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73
Hart Publishing • Public International Law
The International Legal
Protection of Persons in
Humanitarian Crises
Humiliation in International
Relations
Exploring the Acquis Humanitaire
A Pathology of Contemporary International
Systems
Dug Cubie
Bertrand Badie
The instinctual desire to support those in need,
irrespective of geographic, cultural or religious links,
is both facilitated and overwhelmed by the extent
of information now available about the multiple
humanitarian crises which occur on a daily basis around the world. Behind the
images of devastating floods and earthquakes, or massive forced displacements
resulting from armed conflicts, is the all too real suffering faced by individuals and
families.
This book argues that an acquis humanitaire is identifiable through the
interconnected web of existing and emerging international, regional and
national laws, policies and practices for the protection of persons caught up in
humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering
wherever it may be found permeates various branches of international law, and
is reflected in the extensive humanitarian activities undertaken by States and
other actors in times of armed conflict, population displacement and disaster. This
book argues that by clarifying the sources and potential content of the acquis
humanitaire, gaps and lacunae can be identified and the overall protection of
persons strengthened.
Dug Cubie is Lecturer in Law at University College Cork.
March 2017 • 272 pages
Hardback • 9781849468008 • £65 / $112
Series: Studies in International Law • Hart Publishing
Humiliation is nowadays usual in international
relations (IR). Denying states’ status, and stigmatising
their practices or even culture are more common
occurrences in modern diplomacy. After the well
known and very selective European ‘concert of powers’,
many kinds of club diplomacy were – and are still now – substituted to an
attempted inclusive multilateralism. G7, G8, G20, but also P5 and many ‘contact
groups’ are regarded as ruling institutions, which have the power to exclude and
marginalise.
These humiliations are nowadays at the core of the system, revealing its limits,
its lack of capacity and also posing a real threat to the power of the international
order, which is being eroded by the use of humiliation. They have been generated
and fuelled by an historical background, merging a colonial past, a failed
decolonisation, a mistaken vision of globalisation and a very perilous post-bipolar
reconstruction.
This book does take a social psychology approach, but tries to promote
another approach to IR, by investigating the international system from a French
sociological tradition, mainly inspired by Emile Durkheim. It is translated from
Le Temps des Humiliés. Pathologie des relations internationales (Paris, Odile Jacob,
2014).
Bertrand Badie is University Professor of Political Science at Sciences Po.
March 2017 • 256 pages
Hardback • 9781782256199 • £45 / $77
Series: French Studies in International Law • Hart Publishing
The Institutional Problem in
Modern International Law
Transitional Justice and its
Public Spheres
Richard Collins
Modern international law is widely understood
as an autonomous system of binding legal rules.
Nevertheless, this claim to autonomy is far from
uncontroversial. International lawyers have faced
recurrent scepticism as to both the reality and efficacy
of the object of their study and practice. For the most
part, this scepticism has focussed on international
law’s peculiar institutional structure, with the absence
of centralised organs of legislation, adjudication and enforcement, leaving
international legal rules seemingly indeterminate in the conduct of international
politics. Perception of this ‘institutional problem’ has therefore given rise to
a certain disciplinary angst or self-defensiveness, fuelling a need to seek out
functional analogues or substitutes for the kind of institutional roles deemed
intrinsic to a functioning legal system. The author of this book believes that this
strategy of accommodation is, however, deeply problematic. It fails to fully grasp
the importance of international law’s decentralised institutional form in securing
some measure of accountability in international relations. It thus misleads
through functional analogy and, in doing so, potentially exacerbates legitimacy
deficits. There are enough conceptual weaknesses and blindspots in the legaltheoretical models against which international law is so frequently challenged to
show that the perceived problem arises more in theory, than in practice.
Richard Collins is a Lecturer in International Law at University College Dublin.
Engagement, Legitimacy and Contestation
Edited by Chrisje Brants & Susanne Karstedt
Transparency is a fundamental principle of justice.
A cornerstone of the rule of law, it allows for public
engagement and for democratic control of the
decisions and actions of both the judiciary and the
justice authorities. This book looks at the question
of transparency from the perspective of transitional
justice. Bringing together perspectives of scholars from across the disciplinary
spectrum, the collection looks at the question from the socio-legal, cultural
studies and practitioner perspective. Taking a three part approach it looks firstly
at basic principles guiding justice globally before exploring courts and how they
make justice visible. Finally the collection looks at the interface between law,
transitional justice institutions and the public sphere.
Chrisje Brants is Professor of International Law and Procedure at Utrecht University.
Susanne Karstedt is Professor in the School of Criminology and Criminal Justice at Griffith
University.
March 2017 • 336 pages
Hardback • 9781509900169 • £60 / $120
Series: Oñati International Series in Law and Society • Hart Publishing
August 2016 • 224 pages
Hardback • 9781849465229 • £52.99 / $91
Series: Hart Monographs in Transnational and International Law • Hart Publishing
74
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Hart Publishing • Public International Law
The Rule of Law, Freedom of
Expression and Islamic Law
Edited by Hossein Esmaeili, Marboe Irmgard &
Javaid Rehman
The importance of the rule of law is universally
recognised. Establishing and promoting the rule of
law in the Muslim world, particularly in the Middle
East, North Africa, and Central Asia, has become an
important but complex issue. These states have Muslim
majority populations, and the religion of Islam plays
an important role in their societal structures. While the
Muslim world is taking gradual steps towards the establishment of the rule of law
systems, most Muslim majority countries may not yet have effective frameworks
with independent judiciaries. This makes it more difficult for the state and
institutions to be controlled by an effective rule of law system. One important
aspect of a rule of law system is freedom of expression. Given the sensitivity of
Muslim societies in relation to their sacred beliefs, freedom of expression, as an
international human rights issue, has raised some controversial cases. This book is
largely based on the works of the international law, and Islamic Law. The authors
explore international texts setting out theoretical principles of Islamic law, the rule
of law, and freedom of expression and the practices of Muslim countries.
Hossein Esmaeili is an Associate Professor of Law at Flinders University.
Marboe Irmgard is Associate Professor of International Law at the University of Vienna.
Javaid Rehman is Professor of Islamic Law, Muslim Constitutionalism and Human Rights
Law at Brunel University.
Sanctions Law
Richard Gordon QC, Michael Smyth & Tom Cornell
The aim of the book is to create a user-friendly,
accessible guide to the complex area of sanctions law.
In particular, the book will examine how sanctions
restrictions work in practice, and what the implications
are for multinational businesses operating across
numerous sanctions regimes. To this extent, the book
will consider the interrelationship between sanctions
at the supranational and national levels, including
the impact of the far-reaching US sanctions regime.
The book’s aim is not to provide an exhaustive list of sanctions regulations, but
rather a comprehensive framework for engaging with the relevant legislation and
the main issues arising there from. Reinforcing this practical and commerciallyfocused approach, each chapter is written in a format that enables easy reading
and rapid assimilation. The most relevant materials be they legislative or case-law
are outlined at the start of each chapter. In addition the chapter will include
a section with key principles, providing the clearest possible treatment of the
subject.
Richard Gordon QC is a leading public law silk and barrister at Brick Court Chambers.
Michael Smyth QC, CBE is a former partner at Clifford Chance.
Tom Cornell was awarded the Blackstone Chambers award for best performance in public
international law.
January 2017 • 336 pages
Hardback • 9781509900145 • £85 / $146
Hart Publishing
March 2017 • 304 pages
Hardback • 9781782257462 • £55 / $94
Hart Publishing
Self-Determination, Statehood,
and the Law of Negotiation
The Case of Palestine
Robert P Barnidge, Jr
From the Madrid Invitation in 1991 to the introduction
of the Oslo process in 1993 to the present, a negotiated
settlement has remained the dominant leitmotiv
of peacemaking between Israel and the Palestinian
people. That the parties have chosen negotiations
means that either side’s failure to comply with its
obligation to negotiate can result in an internationally wrongful act and, in
response, countermeasures and other responses. This monograph seeks to
advance our understanding of the international law of negotiation and use this
as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian
people’s unsuccessful attempt to join the United Nations as a Member State in
autumn 2011 and the successful attempt to join the same institution as a nonMember Observer State in November 2012 providing a case study for this. The
legal consequences of these applications are not merely of historical interest; they
inform the present rights and obligations of Israel and the Palestinian people.
This work fills a significant gap in the existing international law scholarship on
the Israeli–Palestinian dispute, which neither engages with this means of dispute
settlement generally nor does so specifically within the context of the Palestinian
people’s engagements with international institutions.
Robert P Barnidge, Jr, is Lecturer and Coordinator of International Relations in the
Department of History, Politics, and International Relations at Webster University.
Diplomatic Interference and
the Law
Paul Behrens
Diplomatic interference carries considerable potential
for disruption. In this context, diplomats have been
accused of insulting behaviour, the funding of political
parties, incitement to terrorism and even attempts to
topple the host government. Reactions can be harsh:
expulsions are common and, occasionally, diplomatic
relations are severed altogether.
But an evaluation under international law faces challenges. Often enough,
charges of interference are made when legitimate interests are involved – for
instance, when diplomats criticise the human rights record of their hosts. In such
cases, diplomats may be able to invoke grounds which are recognised under
international law.
On the basis of more than 300 cases of alleged diplomatic interference and the
practice of about 100 States and territories, Diplomatic Interference and the Law
provides an examination of the main areas in which charges of meddling have
arisen – such as lobbying activities, contacts with the opposition, propaganda,
the use of threats and insults and the granting of asylum. It analyses situations
in which the sovereignty of the receiving State meets competing interests and
offers solutions which avoid a conflict of norms. It concludes with useful advice
for foreign offices and diplomatic agents and underlines the most efficient ways
of dealing with situations of alleged interference.
Paul Behrens is a Lecturer in Law at The University of Edinburgh.
March 2016 • 536 pages
Hardback • 9781849464369 • £70 / $112
Hart Publishing
January 2016 • 264 pages
Hardback • 9781849468121 • £55 / $95
Hart Publishing
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75
Hart Publishing • Public International Law
Theory of International Law
Human Security and Human
Rights under International Law
Robert Kolb
This book seeks to analyse various aspects of
international law, the link being how they structure
and marshal the different forces in the international
legal order. It takes the following approaches to the
matter. First, an attempt is made to determine the
fundamental characteristics of international law, the
forces that delineate and permeate its applications.
Secondly, the multiple relations between law and policy
are analysed. Politics are a highly relevant factor in the
implementation of every legal order (and also a threat to it); this is all the more
true in international law, where the two forces, law and politics, have significant
links. Thirdly, the discussion focuses on a series of fundamental socio-legal
notions: the common good, justice, legal security, reciprocity (plus equality and
proportionality), liberty, ethics and social morality, and reason.
This volume will be essential reading for all serious international law scholars.
Robert Kolb is Professor of Public International Law at the University of Geneva.
June 2016 • 512 pages
Hardback • 9781782258803 • £75 / $129
Hart Publishing
The Protections Offered to Persons
Confronting Structural Vulnerability
Dorothy Estrada-Tanck
Human security provides one of the most important
protections; a person-centred axis from fear, from
want and to live with dignity. It is surprising given its
centrality to the human experience, that its connection
with human rights has not yet been explored in a truly
systematic way. This important new book addresses that gap in the literature
by analysing whether human security might provide the tools for an expansive
and integrated interpretation of international human rights. The examination
takes a two part approach. Firstly, it evaluates expressions and measures of
human security. It then goes on to explore its practical application. It takes both
a legal and interdisciplinary approach, recognising that human security and its
relationship with human rights cuts across disciplinary boundaries. Innovative
and rigorous, this is an important contribution to human rights scholarship.
Dorothy Estrada-Tanck is a Graduate Student in Law at the European University Institute.
September 2016 • 304 pages
Hardback • 9781849468824 • £55 / $110
Hart Publishing
The Causes of War
Volume II: 1000 CE to 1600 CE
Indigenous Peoples and
Human Rights
Alexander Gillespie
This is the second volume of a three-volume series
charting the causes of war from 3000 BCE to the
present day, written by a leading international lawyer,
and using as its principal materials the documentary
history of international law, largely in the form of
treaties and the negotiations which led up to them.
These volumes seek to show why millions of people,
over thousands of years, slew each other. In departing
from the various theories put forward by historians, anthropologists and
psychologists, Gillespie offers a different taxonomy of the causes of war, focusing
on the broader settings of politics, religion, migrations and empire-building.
These four contexts were dominant and often overlapping justifications during
the first four thousand years of human civilisation, for which written records exist.
Alexander Gillespie is Pro Vice-Chancellor for Research and Professor of Law at the
University of Waikato, New Zealand.
June 2016 • 480 pages
Hardback • 9781849466455 • £50 / $86
Hart Publishing
International and Regional Jurisprudence
Ben Saul
Indigenous Peoples and Human Rights explores how
general human rights standards have variously enabled,
empowered and restricted indigenous peoples in
claiming and defending their essential economic, social,
cultural, political and civil interests. The book examines
the jurisprudence of United Nations human rights
treaty committees and regional human rights bodies (in Africa, the Americas
and Europe) that have interpreted and applied general human rights treaty
standards to the special circumstances and experiences of indigenous peoples.
It focuses particularly on how human rights laws since the 1960s have been
drawn upon by indigenous activists and victims to protect indigenous interests
in traditional lands, natural resources, culture and language. It further explores
the right to indigenous self-determination; civil and political rights; economic,
social and cultural rights (including labour rights); family and children’s rights;
violence and discrimination against indigenous peoples; and access to justice
and remedies for violations. The book also discusses international and regional
efforts to define who is ‘indigenous’ and who is a ‘minority’, and the relationship
between indigenous individuals and their communities. The jurisprudence
considered in this book significantly shaped the UN Declaration on the Rights of
Indigenous Peoples 2007, which particularises and adapts general human rights
treaty standards for indigenous peoples. The book concludes by exploring future
normative and implementation challenges in the light of the standard setting
and consolidation, and political momentum, surrounding the UN Declaration and
associated UN human rights mechanisms.
Ben Saul is Professor of International Law at the University of Sydney.
June 2016 • 208 pages
Paperback • 9781901362404 • £36.99 / $64
Hart Publishing
76
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Hart Publishing • Public International Law
Select Proceedings of
the European Society of
International Law, Volume 4,
2012
Select Proceedings of
the European Society of
International Law, Volume 5,
2014
Edited by Mariano J Aznar & Mary E Footer
Edited by Christina Binder, Mary E Footer &
August Reinisch
This is the fourth in the Series of Select Proceedings of
the European Society of International Law (ESIL) featuring
the most important and interesting papers presented
at the Fifth Biennial Conference on ‘Regionalism and
International Law’, organised by ESIL and the University of Valencia in 2012.
As usual, the best papers from that conference have been re-written, edited
and drawn together by the two editors to present a perspective on what is a
flourishing forum for the discussion of new ideas and scholarship on international
law.
Mariano J Aznar is Professor of Public International Law at the University Jaume I.
Mary E Footer is Professor of International Economic Law at the University of Nottingham.
January 2016 • 408 pages
Paperback • 9781849465328 • £50 / $86
Series: Select Proceedings of the European Society of International Law • Hart Publishing
Finnish Yearbook of
International Law, Volume 23,
2012-2013
The European Society of International Law (ESIL) is
known for its particularly dynamic character. After 10
years of existence it has proven that it is one of the
most cutting-edge scholarly associations in the field of public international
law. At its 10th anniversary Conference in September 2014, which was held
in Vienna, participants assembled in order to discuss ‘International law and…’
the proceedings of which are published here. Going beyond the usual related
disciplines of political science, international relations, economics and history, this
conference ventured into less well-trodden paths, exploring the links between
international law and cinema, philosophy, sports, the arts and other areas of
human endeavour.
As the proceedings show, it is clear that international law has long been
influenced by other fields of law and other disciplines. They also explore whether
the boundaries of international law had been crossed and, if so, in what ways.
Christina Binder is Professor of Law at the University of Vienna.
Mary E Footer is Professor of International Economic Law at the University of Nottingham.
August Reinisch is Professor of International Law and European Law at the University of
Vienna.
August 2016 • 400 pages
Paperback • 9781509908134 • £54.99 / $94.95
Series: Select Proceedings of the European Society of International Law • Hart Publishing
Edited by Jarna Petman
The Finnish Yearbook of International Law aspires
to honour and strengthen the Finnish tradition in
international legal scholarship. Open to contributions
from all over the world and from all persuasions, the
Finnish Yearbook stands out as a forum for theoretically
informed, high-quality publications on all aspects of
public international law, including the international relations law of the European
Union.
The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries
on current developments, book reviews and relevant overviews of Finland’s state
practice. While firmly grounded in traditional legal scholarship, it is open for new
approaches to international law and for work of an interdisciplinary nature.
Finnish Yearbook of
International Law, Volume 24,
2014
Edited by Jarna Petman
September 2016 • 384 pages
Hardback • 9781849467469 • £140 / $241
Series: Finnish Yearbook of International Law • Hart Publishing
The Finnish Yearbook is published for the Finnish Society of International Law
by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an
imprint of Brill Publishers.
Jarna Petman is Senior Lecturer in International Law and Deputy Director of the Erik
Castrén Institute of International Law and Human Rights at the University of Helsinki.
January 2016 • 560 pages
Hardback • 9781849465663 • £140 / $241
Series: Finnish Yearbook of International Law • Hart Publishing
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77
Hart Publishing • Public International Law
Harmonising Regional Trade Law in the Southern African Development
Community (SADC)
A Critical Analysis of the CISG, OHADA and CESL
Tapiwa Shumba
This important study focuses on the need to harmonise the law of international sale within the SADC region in order to facilitate international
trade with the aim of fostering regional integration, economic development and alleviating poverty. It addresses the mechanisms by which
such harmonisation could be achieved by analysing three models which have been selected for this purpose: the CISG, the OHADA and the
proposed CESL. The main issues discussed include whether SADC Member States should adopt the CISG, join OHADA, emulate the CESL
or should use any of the other instruments as a model for creating a harmonised sales law for SADC. It argues that that SADC has its own
institutional and operational mechanisms that require a process and instrument tailor-made for the unique needs of the region. It recommends
that SADC should create its own common sales law based on the CISG but taking into account lessons learnt from both the OHADA system and the CESL. In conclusion,
a number of legislative, institutional and operational transformative and reform mechanisms are recommended to enable the creation of such a community law and
ensure its uniform application and interpretation.
Tapiwa Shumba is a post-doctoral researcher in International commercial law at Stellenbosch University in South Africa.
July 2015 • 368 pages
Hardback • 9781509900251 • £65 / $112
Nomos/Hart
World English (excluding Austria, Czech Republic, Germany, Japan, Poland & Switzerland)
Socio-Legal Studies
The Emotional Dynamics of Law and Legal Discourse
Edited by Heather Conway & John Stannard
In his seminal work on Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and
that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance
of emotion to human experience cannot be denied, yet the relationship between law and emotions is one that has largely been ignored until
recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law
and the emotions interact, including the law’s response to emotion and the extent to which emotions pervade the practice of the law. In The
Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas
of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection
argues for a more positive view of the role of emotions in the context of legal discourse and demonstrates ways in which the law could, in the
words of Goleman, become more emotionally intelligent.
Heather Conway and John Stannard are both Senior Lecturers in the School of Law at Queen’s University, Belfast.
September 2016 • 320 pages
Hardback • 9781849467872 • £60 / $103
Hart Publishing
78
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Sports Law
Sports Law
Doping in Sport and the Law
Michael Beloff, Tim Kerr, Marie Demetriou &
Rupert Beloff
Edited by Ulrich Haas & Deborah Healey
Sports law and its infringement has rarely dominated
headlines as it has in recent times. In light of this, the
third edition of this seminal text could hardly be more
timely. Written by leading practitioners in the field it
provides a coherent framework for understanding the
principles of sports law in this area, as well as a deep
analysis of its key features. The subject is split into
various areas of practice. First regulatory rules, which
embrace the constitutional aspect of organised sport including the disciplinary
procedures of the various sport governing organisations. Second, broadcasting
and marketing resulting from the commercial exploitation, including sponsorship,
of sports clubs, sporting events and players. Third, player’s rights and obligations
which embraces a wide range of legal issues including club transfers and player
contracts, and issues arising from employment (including discrimination law),
personal injury and criminal law. Special attention is paid to the impact of EU
and Human Rights law as well as to the influential jurisprudence of the Court of
Arbitration for Sport.
This unique international legal and cross-disciplinary
edited volume contains analysis of the legal impact of
doping regulation by eminent and well known experts
in the legal fields of sports doping regulation and
diverse relevant legal fields. It also contains perspectives
on medicine and psychology which are intrinsically
important areas for consideration in the sports doping
landscape. These are thoughtful extended reflections
by experts on theory and policy and how they interact
with law in the context of doping in sport. It is the first book to examine the
topical and contentious area of sports doping from a variety of different but
very relevant legal perspectives which impact the stakeholders in sport at both
professional and grass roots levels. The WADA Code contains an unusual mix of
public and private regulation which is of more general interest and fully explored
in this work. Each of the 15 chapters addresses doping regulation from a legal
perspective such as tort, corporate governance, employment law, human rights
law, or a medical or scientific area. Legal areas are generally considered from an
international and not national perspective. Issues including fairness, logic and the
likelihood of compliance are explored. It is vital reading for anyone interested in
the law, regulation and governance of sport.
The Hon Michael Beloff QC is a barrister at Blackstone Chambers.
Tim Kerr QC is a barrister at 11 King's Bench Walk.
Marie Demetriou QC is a barrister at Brick Court Chambers.
Rupert Beloff is a Barrister at No5 Chambers.
Ulrich Haas is Professor of Law at the University of Zurich, Switzerland.
Deborah Healey is Associate Professor of Law at NUSW, Australia.
March 2017 • 400 pages
Hardback • 9781849465724 • £100 / $190
Hart Publishing
July 2016 • 272 pages
Hardback • 9781509905881 • £70 / $120
Hart Publishing
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79
Backlist
Arbitration and ADR
Arbitration in China, Fan
Hbk 9781849463775 2013 £68 US$117
Dispute Settlement in the Area of Space
Communication, Hofmann
Pbk 9781849468725 2015 £50 US$86
Institutional Arbitration, Schütze
Hbk 9781849463669 2013 £300 US$516
International and Domestic Arbitration in
Switzerland, 3rd Edn, Berger, Kellerhals
Hbk 9781782256410 2015 £100 US$172
International Commercial Arbitration, Conrad,
Münch, Black-Branch
Hbk 9781849464895 2013 £350 US$602
Inspection Copy Available
The Complete (but Unofficial) Guide to the Willem
C Vis Commercial Arbitration Moot, 3rd Edn, Risse,
Altenkirch, Herbst, Keilmann, Reiser
Pbk 9781509903221 2015 £35 US$60
The New York Convention, Wolff
Hbk 9781849461962 2012 £175 US$300
The Practice of Arbitration, Wautelet, Kruger,
Coppens
Hbk 9781849463331 2012 £85 US$146
Banking & Financial Law
A Debt Restructuring Mechanism for Sovereigns,
Paulus
Hbk 9781849467407 2014 £100 US$172
Inspection Copy Available
An Introduction to the Law on Financial
Investment, 2nd Edn, Macneil
Pbk 9781849460507 2012 £41.99 US$72
Anti-Bribery Risk Assessment, Gruetzner, Hommel,
Moosmayer
Hbk 9781849461290 2011 £240 US$412
Banking Regulation and World Trade Law,
Panourgias
Hbk 9781841134581 2006 £107 US$214
Banks, Consumers and Regulation, Cartwright
Pbk 9781841134833 2004 £34 US$68
Boundaries of Personal Property, Pretto-Sakmann
Hbk 9781841134598 2005 £69 US$138
Commercial Law and Commercial Practice,
Worthington
Hbk 9781841134383 2003 £120 US$240
Inspection Copy Available
European Capital Markets Law, Veil
Pbk 9781849464406 2013 £50 US$86
Integrity, Risk and Accountability in Capital
Markets, O’Brien, Gilligan
Pbk 9781849465670 2013 £45 US$77
Intermediated Securities, Gullifer, Payne
Hbk 9781849460132 2010 £95 US$164
Laws of Guernsey, Dawes
Hbk 9781841133966 2003 £225 US$286
80
Legal Challenges in the Global Financial Crisis,
Ringe, Huber
Hbk 9781849464390 2014 £60 US$103
Pbk 9781509905089 2015 £30 US$52
New Developments in International Commercial
and Consumer Law, Ziegel
Hbk 9781901362077 1998 £120 US$240
Regulating (From) the Inside, Chiu
Hbk 9781849465250 2015 £58 US$100
Regulating Financial Services and Markets in the
21st Century, Ferran, Goodhart
Hbk 9781841132792 2001 £86 US$172
The Financial Crisis in Constitutional Perspective,
Kjaer, Teubner, Febbrajo
Hbk 9781841130101 2011 £68 US$136
The Future of Financial Regulation, Macneil, O’Brien
Pbk 9781841139104 2010 £60 US$120
The Law and Practice of Documentary Letters of
Credit, Ellinger, Neo
Hbk 9781841136738 2010 £120 US$206
The Law and Regulation of Central Counterparties,
Huang
Hbk 9781849460514 2010 £95 US$164
The Law of the European Central Bank, Zilioli,
Selmayr
Hbk 9781841132457 2001 £86 US$172
The Payment Order of Antiquity and the Middle
Ages, Geva
Hbk 9781849460521 2011 £110 US$220
The Triumph, Tragedy and Lost Legacy of James M
Landis, O’Brien
Hbk 9781849466172 2014 £35 US$52
Company & Insolvency
Law
After Enron, Armour, McCahery
Pbk 9781841135311 2006 £72 US$144
Company Investigations and Public Law, Lidbetter
Hbk 9781841130743 1999 £150 US$258
Inspection Copy Available
Comparative Company Law, Siems, Cabrelli
Pbk 9781841138916 2013 £36.99 US$64
Current Issues in European Financial and
Insolvency Law, Ringe, Gullifer, Théry
Hbk 9781841139357 2009 £60 US$120
European Insolvency Law, Hess, Oberhammer, Pfeiffer
Hbk 9781849466028 2014 £140 US$240
International Corporate Law - Vol 1, Macmillan
Hbk 9781841130378 2000 £107 US$214
International Corporate Law - Vol 2 2002, Macmillan
Hbk 9781841131580 2003 £82 US$164
Joint Ventures in English and German Law, Micheler,
Prentice
Hbk 9781841131061 2000 £90 US$180
Law and Corporate Behaviour, Hodges
Hbk 9781849466530 2015 £80 US$138
Personal Liability and Disqualification of Company
Directors, Griffin
Hbk 9781841130750 1999 £130 US$224
Rationality in Company Law, Armour, Payne
Hbk 9781841138060 2009 £95 US$190
Regulating Enterprise, Milman
Hbk 9781901362565 1999 £80 US$160
Takeovers in English and German Law, Payne
Hbk 9781841133409 2002 £70 US$140
The Foundations and Anatomy of Shareholder
Activism, Chiu
Hbk 9781841136585 2010 £55 US$110
The Law and Economics of Takeovers, Kouloridas
Hbk 9781841136646 2008 £63 US$126
The Political Economy of the Company, Parkinson,
Kelly, Gamble
Hbk 9781841131207 2001 £44 US$88
The Spirit of Corporate Law, Roth, Kindler
Hbk 9781849465885 2013 £105 US$181
Vulnerable Transactions in Corporate Insolvency,
Armour, Bennett
Hbk 9781841133478 2003 £160 US$276
Working Within Two Kinds of Capitalism, LynchFannon
Hbk 9781841132860 2003 £55 US$110
Comparative Law
Contracting with Companies, Griffiths
Hbk 9781841131542 2005 £61 US$122
Inspection Copy Available
A New Introduction to Comparative Law, Husa
Pbk 9781849467964 2015 £22.99 US$40
Inspection Copy Available
Corporate Finance Law, 2nd Edn, Gullifer, Payne
Pbk 9781849466004 2015 £42 US$72
Adapting Legal Cultures, Nelken, Feest
Hbk 9781849464390 2014 £60 US$103
Pbk 9781841132921 2001 £31 US$62
Corporate Governance in the Shadow of the State,
Moore
Hbk 9781849460088 2013 £60 US$103
Always on the Same Path - Vol II, Markesinis
Hbk 9781841130699 2001 £72 US$144
Corporate Internal Investigations, Spehl, Gruetzner
Hbk 9781849464840 2013 £210 US$362
Corporate Personality in the 20th Century,
Grantham, Rickett
Pbk 9781901362831 1998 £73 US$146
Corporations and the Third Way, Wheeler
Pbk 9781901362633 2002 £35 US$70
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Inspection Copy Available
An Introduction to Comparative Law Theory and
Method, Samuel
Pbk 9781849466431 2014 £16.95 US$29
Chinese Civil Law, Bu
Hbk 9781849464031 2013 £160 US$276
Inspection Copy Available
Comparative Law, Örücü, Nelken
Pbk 9781841135960 2007 £40 US$80
Hart Publishing • Backlist
Comparative Law in the Courtroom and Classroom,
Markesinis
Hbk 9781841133980 2003 £41 US$82
Pbk 9781841135205 2004 £27 US$54
Constitutional Review in Europe, Visser
Pbk 9781849469715 2015 £27.99 US$48
Article 82 EC, Ezrachi
Hbk 9781841132501 2009 £63 US$126
Competition Law and Policy in Latin America, Fox,
Sokol
Hbk 9781841138824 2009 £95 US$190
Engaging with Foreign Law, Markesinis, Fedtke
Pbk 9781841139470 2009 £42.99 US$85.99
Competition Law and Regulation in European
Telecommunications, Larouche
Hbk 9781841131443 2000 £94 US$188
Epistemology and Methodology of Comparative
Law, Van Hoecke
Hbk 9781841134437 2004 £70 US$140
Competition Laws, Globalization and Legal
Pluralism, Wu
Hbk 9781849464321 2013 £58 US$100
Foreign Law and Comparative Methodology,
Markesinis
Hbk 9781901362039 1997 £118 US$236
Competition, Regulation and the New Economy,
Graham, Smith
Hbk 9781841133843 2004 £59 US$118
Inspection Copy Available
Fundamental Texts on European Private Law,
Radley-Gardner, Zimmermann, Beale
Pbk 9781841133782 2003 £31 US$62
Cooperation Between Antitrust Agencies at the
International Level, Zanettin
Hbk 9781841133515 2002 £80 US$160
Globalisation and Resistance, Antons, Gessner
Hbk 9781841136806 2007 £57 US$114
Pbk 9781841136813 2007 £28 US$56
Judicial Decision-Making in a Globalised World, Mak
Hbk 9781849465540 2013 £45 US$77
Pbk 9781849469876 2015 £23.99 US$41
Law, Society and Transition in Myanmar, Crouch,
Lindsey
Hbk 9781849465977 2014 £60 US$103
Rethinking the Masters of Comparative Law, Riles
Hbk 9781841132891 2001 £68 US$136
Pbk 9781841132907 2001 £38 US$76
The British Contribution to the Europe of the
Twenty-First Century, Markesinis
Hbk 9781841132761 2002 £54 US$108
The Coming Together of the Common Law and the
Civil Law, Markesinis
Hbk 9781841130682 2000 £63 US$126
The Harmonisation of European Contract Law,
Vogenauer, Weatherill
Hbk 9781841135915 2006 £67 US$134
The Harmonisation of European Private Law, Van
Hoecke, Ost
Hbk 9781841131375 2000 £71 US$142
The Method and Culture of Comparative Law,
Adams, Heirbaut
Hbk 9781849466233 2014 £60 US$103
Pbk 9781509905003 2015 £30 US$52
Competition Law
Inspection Copy Available
An Introduction to Competition Law, Slot, Johnston
Pbk 9781841134451 2006 £31 US$62
Inspection Copy Available
An Introductory Guide to EC Competition Law and
Practice, Korah
Pbk 9781841137544 2007 £32 US$64
Anti-Cartel Enforcement in a Contemporary Age,
Beaton-Wells, Tran
Hbk 9781849466905 2015 £78 US$134
Antitrust and the Bounds of Power, Amato
Hbk 9781901362299 1997 £60 US$120
Article 81 EC and Public Policy, Townley
Hbk 9781841139685 2009 £83 US$166
Co-operation between National Competition
Agencies in the Enforcement of EC Competition
Law, Brammer
Hbk 9781841139319 2009 £150 US$258
Criminalising Cartels, Beaton-Wells, Ezrachi
Hbk 9781849460255 2011 £100 US$200
Cross-Border EU Competition Law Actions, Danov,
Becker, Beaumont
Hbk 9781849463744 2013 £80 US$138
Distribution Agreements Under the EC Competition
Rules, Korah, O’Sullivan
Hbk 9781841132396 2002 £140 US$240
EC Competition Law, Amato, Ehlermann
Hbk 9781841136752 2007 £100 US$172
2006, Ehlermann, Atanasiu
Hbk 9781841137513 2007
2007, Ehlermann, Marquis
Hbk 9781841138381 2008
2008, Ehlermann, Marquis
Hbk 9781841139586 2010
2009, Ehlermann, Marquis
Hbk 9781849460736 2011
2010, Lowe, Marquis
Hbk 9781849462006 2013
2011, Lowe, Marquis
Hbk 9781849463515 2014
2012, Lowe, Marquis
Hbk 9781849465823 2014
£126 US$252
£130 US$260
£150 US$300
£150 US$300
£130 US$224
£125 US$215
£125 US$215
European Merger Control, Rosenthal, Thomas
Hbk 9781849461306 2010 £240 US$412
European Merger Remedies, Hoeg
Hbk 9781849464116 2013 £80 US$138
European State Aid Law, Heidenhain
Hbk 9781841139180 2010 £335 US$576
European State Aid Law and Policy, 3rd Edn, Quigley
QC
Hbk 9781849466271 2015 £230 US$395
Fairness in Antitrust, Ayal
Hbk 9781849465151 2014 £50 US$86
Inspection Copy Available
Global Competition Law and Economics, 2nd Edn,
Elhauge, Geradin
Pbk 9781849460446 2011 £40 US$80
Intellectual Property Rights and the EC
Competition Rules, Korah
Hbk 9781841136141 2006 £140 US$240
EC Private Antitrust Enforcement, Komninos
Hbk 9781841137445 2008 £150 US$258
Intellectual Property, Antitrust and Cumulative
Innovation in the EU and the US, Käseberg
Hbk 9781849463065 2012 £85 US$146
Efficiency and Justice in European Antitrust
Enforcement, Wils
Hbk 9781841130170 2008 £80 US$138
Intellectual Property, Competition Law and
Economics in Asia, McEwin
Hbk 9781849460873 2011 £84.99 US$169.99
Inspection Copy Available
EU Competition Law, 4th Edn, Ezrachi
Pbk 9781849465519 2014 £40 US$69
International Handbook on Unfair Competition,
Henning-Bodewig
Pbk 9781849463683 2013 £220 US$378
EU Competition Law and the Information and
Communication Technology Network Industries,
Fatur
Hbk 9781849461344 2012 £85 US$146
Joint Ventures and EU Competition Law, Morais
Hbk 9781841137933 2013 £110 US$190
EU Competition Law in Context, Kanninen, Korjus,
Rosas
Hbk 9781849460347 2009 £75 US$150
Legitimacy in EU Cartel Control, Simonsson
Hbk 9781849460057 2010 £100 US$200
Market Power in EU Antitrust Law, Blanco
Hbk 9781841135281 2011 £90 US$154
EU Distribution Law, 5th Edn, Goyder
Hbk 9781849461467 2011 £110 US$190
Media Ownership and Control, Rab, Sprague
Hbk 9781849466356 2014 £60 US$103
European Competition Law Annual 1997,
Ehlermann, Laudati
Hbk 9781901362671 1998 £171 US$342
1998, Ehlermann, Gosling
Hbk 9781841130996 2000 £140 US$280
1999, Ehlermann, Everson
Hbk 9781841132242 2001 £149 US$298
2000, Ehlermann, Atanasiu
Hbk 9781841132426 2001 £149 US$298
2001, Ehlermann, Atanasiu
Hbk 9781841131986 2003 £116 US$232
2002, Ehlermann, Atanasiu
Hbk 9781841133669 2005 £140 US$280
2003, Ehlermann, Atanasiu
Hbk 9781841135359 2006 £147 US$294
2004, Ehlermann, Atanasiu
Hbk 9781841136127 2006 £147 US$294
2005, Ehlermann, Atanasiu
Hbk 9781841136455 2007 £126 US$252
Network-Based Governance in EC Law, De Visser
Hbk 9781841132563 2009 £110 US$190
Principles of European Antitrust Enforcement, Wils
Hbk 9781841135267 2005 £85 US$146
Public Procurement and the EU Competition Rules,
2nd Edn, Graells
Hbk 9781849466127 2015 £95 US$163
Refusals to License Intellectual Property, Eagles,
Longdin
Pbk 9781841138732 2011 £74.99 US$149.99
Rethinking Exclusionary Abuses in EU Competition
Law, Rousseva
Hbk 9781841139265 2010 £100 US$172
Sanctions in EU Competition Law, Frese
Hbk 9781849465182 2014 £75 US$129
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Hart Publishing • Backlist
Securing Compliance, Yeung
Hbk 9781841133775 2004 £54 US$108
Shipping Conferences under EC Antitrust Law,
Blanco
Hbk 9781841135274 2007 £180 US$310
State Aid and the European Economic Constitution,
De Cecco
Hbk 9781849461054 2012 £55 US$95
The Cartel Offence, Furse, Nash
Pbk 9781841133737 2004 £60 US$104
The Concept of Abuse in EU Competition Law,
Akman
Hbk 9781849461092 2012 £68 US$117
Pbk 9781849469722 2015 £24.99 US$43
The Europeanisation of UK Competition Law, Green,
Robertson
Pbk 9781841130361 1999 £53 US$106
The Interface between Competition and the
Internal Market, Brisimi
Hbk 9781849465694 2014 £75 US$129
The Law and Economics of Article 102 TFEU, 2nd
Edn, O’Donoghue, Padilla
Hbk 9781849461399 2013 £160 US$276
The Law of Merger Control in the EC and the UK,
Furse
Pbk 9781841135250 2007 £70 US$120
The Modernisation of EC Antitrust Law, Wesseling
Hbk 9781841131214 2000 £71 US$142
The New European Law of Unfair Commercial
Practices and Competition Law, Keirsbilck
Hbk 9781849461849 2011 £85 US$170
The Private Enforcement of Competition Law in
Ireland, McFadden
Hbk 9781849464130 2013 £70 US$120
The Regulation of the State in Competitive Markets
in the EU, Szyszczak
Pbk 9781841134970 2007 £35 US$70
The Telecoms Trade War, Naftel, Spiwak
Hbk 9781841130149 2001 £98 US$196
The UK Competition Act, Rodger, Macculloch
Pbk 9781841130972 2000 £57 US$114
UK Merger Control, Parker, Majumdar
Hbk 9781849460156 2011 £150 US$258
Vertical Agreements and Competition Law, Colino
Hbk 9781841138718 2010 £60 US$120
Computer & Internet
Law
Copyright Protection of Computer Software in the
United Kingdom, Lai
Hbk 9781841130873 2000 £80 US$160
International Domain Name Law, Lindsay
Hbk 9781841135847 2007 £130 US$224
Internet and Electronic Commerce Law in the
European Union, Dickie
Pbk 9781841130316 1999 £62 US$124
Inspection Copy Available
Law and the Internet, 3rd Edn, Edwards, Waelde
Pbk 9781841138152 2009 £36.99 US$73.99
82
Producers and Consumers in EU E-Commerce Law,
Dickie
Pbk 9781841134543 2005 £33 US$66
Inspection Copy Available
Constitutionalism in Asia, Chang, Thio, Tan, Yeh
Pbk 9781849462341 2014 £40 US$69
Reconstituting Internet Normativity, Koukiadis
Pbk 9781782258438 2015 £92 US$158
Criminal Judicial Review, von Berg
Hbk 9781849465373 2014 £65 US$112
The New Legal Framework for E-Commerce in
Europe, Edwards
Pbk 9781841134512 2005 £47 US$94
Debates in German Public Law, Pünder, Waldhoff
Hbk 9781849464727 2014 £45 US$77
Constitutional &
Administrative Law
A Simple Common Lawyer, Dyzenhaus, Hunt,
Huscroft
Hbk 9781841139234 2009 £55 US$110
Academic Freedom and the Law, Barendt
Pbk 9781841136943 2010 £50 US$100
Administrative Justice and Asylum Appeals, Thomas
Pbk 9781841139364 2011 £58 US$116
Administrative Justice in Context, Adler
Pbk 9781841139289 2010 £60 US$120
Administrative Justice in the 21st Century, Harris,
Partington
Hbk 9781901362664 1999 £114 US$228
Administrative Law in a Changing State, Pearson,
Harlow, Taggart
Hbk 9781841137872 2008 £80 US$160
Administrative Tribunals and Adjudication, Cane
Hbk 9781841130095 2009 £70 US$140
Pbk 9781849460910 2010 £31.99 US$63.99
An Inquiry into the Existence of Global Values,
Davis, Richter, Saunders
Hbk 9781841138558 2015 £75 US$129
Beyond Magna Carta, Blick
Hbk 9781849463096 2015 £25 US$43
British Government in Crisis, Foster
Pbk 9781841135496 2005 £27 US$54
By Due Process of Law, Loveland
Hbk 9781841130491 1999 £103 US$206
Central-Local Relations in Asian Constitutional
Systems, Harding, Sidel
Hbk 9781849466400 2015 £60 US$104
Commercial Regulation and Judicial Review, Black,
Muchlinski, Walker
Hbk 9781901362657 1998 £78 US$156
Constitutional Pluralism in the European Union and
Beyond, Avbelj, Komárek
Hbk 9781849461252 2012 £85 US$146
Constitutional Politics in the Middle East, Arjomand
Hbk 9781841137742 2008 £58 US$116
Pbk 9781841137735 2008 £32.99 US$65.99
Constitutional Reform in the United Kingdom,
Beatson
Pbk 9781901362848 1998 £50 US$100
Constitutional Rights after Globalization, Anderson
Hbk 9781841134482 2005 £44 US$88
Constitutionalising Secession, Haljan
Hbk 9781849464376 2014 £65 US$112
Constitutionalism and the Role of Parliaments,
Ziegler, Baranger, Bradley
Hbk 9781841136431 2007 £57 US$114
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Drafting Legislation, Xanthaki
Hbk 9781849464284 2014 £50 US$86
Entick v Carrington, Tomkins, Scott
Hbk 9781849465588 2015 £55 US$95
Governing by Numbers, Page
Hbk 9781841132075 2001 £46 US$92
How Constitutions Change, Oliver, Fusaro
Hbk 9781849460941 2011 £65 US$130
Pbk 9781849464987 2013 £23.99 US$41
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Human Rights Acts, Gledhill
Pbk 9781849460965 2015 £35 US$60
Importing the First Amendment, Loveland
Hbk 9781901362282 1998 £78 US$156
Information Rights, 4th Edn, Coppel QC
Hbk 9781849464246 2014 £120 US$206
Ireland’s Evolving Constitution 1937-1997, Murphy,
Twomey
Pbk 9781901362176 1998 £46 US$92
Israeli Constitutional Law in the Making, Sapir,
Barak-Erez, Barak
Hbk 9781849464093 2013 £90 US$155
Judicial Recusal, Hammond
Hbk 9781841132600 2009 £60 US$104
Judicial Review and Compliance with
Administrative Law, Halliday
Hbk 9781841132655 2004 £39 US$78
Judicial Review and the Constitution, Forsyth
Hbk 9781841131054 2000 £72 US$144
Judicial Review Handbook, 6th Edn, Fordham QC
Hbk 9781849461597 2012 £160 US$276
Judicial Review in Northern Ireland, 2nd Edn,
Anthony
Hbk 9781849462617 2014 £50 US$86
Judicial Review Procedure, Clayton, Tomlinson
Pbk 9781841130767 1997 £40 US$68
Judicial Review, Socio-Economic Rights and the
Human Rights Act, Palmer
Pbk 9781841139760 2009 £32.99 US$65.99
Law in Politics, Politics in Law, Feldman
Hbk 9781849464734 2013 £45 US$77
Pbk 9781849469906 2015 £22.99 US$40
Legitimate Expectations and Proportionality in
Administrative Law, Thomas
Hbk 9781841130866 2000 £64 US$128
Nationalism and Globalisation, Tierney
Hbk 9781849466745 2015 £50 US$86
New Directions in European Public Law, Beatson,
Tridimas
Hbk 9781901362244 1998 £74 US$148
Our Republican Constitution, Tomkins
Pbk 9781841135229 2005 £14.50 US$29
Parliament and the Law, Horne, Drewry, Oliver
Hbk 9781849462952 2013 £55 US$95
Hart Publishing • Backlist
Parliamentary Elections, Representation and the
Law, Morris
Hbk 9781849461474 2012 £45 US$77
Inspection Copy Available
The Constitution of France, Boyron
Pbk 9781841137353 2012 £18.99 US$33
Parliamentary Sovereignty and the Human Rights
Act, Young
Hbk 9781841138305 2008 £55 US$110
Inspection Copy Available
The Constitution of Germany, Heun
Pbk 9781841138688 2010 £18.99 US$37.99
Parliamentary Sovereignty in the UK Constitution,
Gordon
Hbk 9781849464659 2015 £55 US$95
Inspection Copy Available
The Constitution of Indonesia, Butt, Lindsey
Pbk 9781849460187 2012 £23.99 US$41
Party Funding and Campaign Financing in
International Perspective, Ewing, Issacharoff
Hbk 9781841135700 2006 £63 US$126
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The Constitution of Israel, Navot
Pbk 9781841138350 2014 £19.99 US$29.95
Political Libels, Loveland
Hbk 9781841131153 2000 £48 US$96
Inspection Copy Available
The Constitution of Japan, Matsui
Pbk 9781841137926 2010 £23.99 US$47.99
The House of Lords 1911-2011, Ballinger
Hbk 9781849462891 2012 £35 US$60
Pbk 9781849466608 2014 £20 US$34
Inspection Copy Available
The Constitution of Malaysia, Harding
Pbk 9781841139715 2012 £24.99 US$39.95
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The Law-Making Process, 7th Edn, Zander
Pbk 9781849465625 2015 £32 US$55
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The Constitution of Mexico, Garza
Pbk 9781849462884 2013 £19.99 US$34
The Liberty of Non-citizens, Thwaites
Hbk 9781849464314 2014 £55 US$95
Power of Persuasion, Blom-Cooper
Hbk 9781849468169 2015 £30 US$52
Property and the Constitution, McLean
Hbk 9781841130552 1999 £72 US$144
Public Law after the Human Rights Act, Hickman
Pbk 9781841139692 2010 £36.99 US$73.99
Regulating Public Utilities, Graham
Hbk 9781901362862 2000 £54 US$108
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Regulation, Ogus
Pbk 9781841135304 2004 £29 US$58
Repairing British Politics, Gordon QC
Pbk 9781849460491 2010 £20.99 US$41.99
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The Constitution of Singapore, Tan
Pbk 9781849463966 2015 £18.95 US$33
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The Constitution of South Africa, Klug
Pbk 9781841137377 2010 £19.99 US$39.99
Retroactivity and the Common Law, Juratowitch
Hbk 9781841137612 2008 £55 US$110
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The Constitution of Spain, Comella
Pbk 9781849460163 2013 £18.99 US$33
Risk Regulation and Administrative
Constitutionalism, Fisher
Hbk 9781841130330 2007 £57 US$114
Pbk 9781849460880 2010 £27.99 US$55.99
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The Constitution of the Republic of Austria, Stelzer
Pbk 9781841138527 2011 £21.99 US$43.99
Special Advisers, Yong, Hazell
Hbk 9781849465601 2014 £25 US$43
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Sword and Scales, Loughlin
Hbk 9781901362510 2000 £56 US$112
Pbk 9781901362527 2000 £18 US$36
The Appeal of Internal Review, Cowan, Halliday
Hbk 9781841133836 2003 £55 US$110
The British Constitution: Continuity and Change,
Qvortrup
Hbk 9781849463713 2013 £40 US$69
Pbk 9781849469883 2015 £22.99 US$40
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The Constitution of the Russian Federation,
Henderson
Pbk 9781841137841 2011 £19.99 US$29.95
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The Constitution of the United Kingdom, 2nd Edn,
Leyland
Pbk 9781849461603 2012 £13.99 US$24
Inspection Copy Available
The Constitution of the United States of America,
2nd Edn, Tushnet
Pbk 9781849466042 2015 £16.99 US$25
The Coalition and the Constitution, Bogdanor
Hbk 9781849461580 2011 £23 US$46
Inspection Copy Available
The Constitution of Vietnam, Sidel
Pbk 9781841137391 2009 £23.99 US$47.99
Inspection Copy Available
The Constitution of Australia, Saunders
Pbk 9781841137346 2010 £19.99 US$39.99
The Constitutional Foundations of Judicial Review,
Elliott
Hbk 9781841131801 2001 £67 US$134
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The Constitution of Belgium, Popelier, Lemmens
Pbk 9781849464154 2015 £19.99 US$34
The Constitutional Protection of Capitalism, Nicol
Hbk 9781841138596 2010 £43 US$86
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The Constitution of Canada, Webber
Pbk 9781841133638 2015 £20.99 US$36
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The Constitution of China, Zhang
Pbk 9781841137407 2012 £18.99 US$33
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The Constitution of Finland, Husa
Pbk 9781841138541 2010 £22.99 US$45.99
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The Constitutional System of Thailand, Harding,
Leyland
Pbk 9781841139722 2011 £20.99 US$41.99
Inspection Copy Available
The Constitutional Systems of the Commonwealth
Caribbean, O’Brien
Pbk 9781849461528 2014 £19.99 US$29.95
The Cost of Democracy, Ewing
Hbk 9781841137162 2007 £38 US$76
The English Constitution, Ward
Pbk 9781841134314 2004 £27 US$54
The English Judges, Stevens
Hbk 9781841132266 2002 £38 US$76
Pbk 9781841134956 2005 £18 US$36
The Evolution of a Constitution, Wicks
Pbk 9781841134185 2006 £31 US$62
The Evolution of Law and the State in Europe,
Flogaitis
Hbk 9781849466448 2014 £30 US$52
The House of Lords, Dickson, Carmichael
Hbk 9781841130200 1998 £78 US$156
Inspection Copy Available
The New British Constitution, Bogdanor
Hbk 9781841131498 2009 £58 US$116
Pbk 9781841136714 2009 £22.99 US$45.99
The New Law of Peaceful Protest, Mead
Pbk 9781841136219 2010 £55 US$110
The Office of Lord Chancellor, Woodhouse
Hbk 9781841130217 2001 £46 US$92
The Pinochet Case, Woodhouse
Hbk 9781841131023 2000 £67 US$134
The Politics of Coalition, Hazell, Yong
Hbk 9781849463102 2012 £21.99 US$38
The Politics of Transition, Spitz, Chaskalson
Pbk 9781841131788 2000 £47 US$94
The Province of Administrative Law, Taggart
Hbk 9781901362015 1997 £106 US$212
Pbk 9781901362022 1997 £44 US$88
The Public Law/Private Law Divide, Freedland, Auby
Hbk 9781841136356 2006 £50 US$100
The Regulation of Organised Civil Society, Garton
Hbk 9781841138008 2009 £58 US$116
The Right to Freedom of Assembly, Salát
Hbk 9781849467216 2015 £68 US$117
The Scope and Intensity of Substantive Review,
Wilberg, Elliott
Hbk 9781849464680 2015 £58 US$100
The Separation of Powers and Legislative
Interference in Judicial Process, Gerangelos
Hbk 9781841136615 2009 £63 US$126
The Unity of Public Law, Dyzenhaus
Hbk 9781841134345 2004 £65 US$130
The Use of Foreign Precedents by Constitutional
Judges, Groppi, Ponthoreau
Hbk 9781849462716 2013 £63 US$108
Pbk 9781849466592 2014 £30 US$52
Transconstitutionalism, Neves
Hbk 9781849464185 2013 £53 US$91
UK Public Law and European Law, Anthony
Hbk 9781841131481 2002 £61 US$122
Using International Law in Domestic Courts, Fatima
Hbk 9781841135151 2005 £55 US$94
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Hart Publishing • Backlist
Values in Global Administrative Law, Anthony, Auby,
Morison, Zwart
Hbk 9781849460095 2011 £75 US$150
Consumer Law
Inspection Copy Available
A Casebook on European Consumer Law, Schulze,
Schulte-Nolke, Jones
Pbk 9781841132273 2002 £38 US$76
Comparative Consumer Insolvency Regimes, Ziegel
Hbk 9781841132723 2003 £56 US$112
Consumer Bankruptcy in Global Perspective, NiemiKiesilainen, Ramsay, Whitford
Hbk 9781841133584 2003 £84 US$168
Consumer Credit, Debt and Bankruptcy, Niemi,
Ramsay, Whitford
Hbk 9781841132587 2009 £75 US$150
Inspection Copy Available
Consumer Law, Micklitz, Stuyck, Terryn
Pbk 9781841137490 2010 £40 US$80
Inspection Copy Available
Consumer Law and Policy, 3rd Edn, Ramsay
Pbk 9781849462624 2012 £42.99 US$74
Food Law, Macmaoláin
Pbk 9781849466707 2015 £35.99 US$62
Regulating Food-borne Illness, Hyde
Hbk 9781849466738 2015 £60 US$103
The Regulation of Unfair Commercial Practices
under EC Directive 2005/29, Weatherill, Bernitz
Hbk 9781841136998 2007 £57 US$114
Contract, Tort,
Restitution &
Commercial Law
Inspection Copy Available
A Casebook on Contract, 4th Edn, Burrows
Pbk 9781849464468 2013 £29.99 US$52
Accessory Liability, Davies
Hbk 9781849462877 2015 £58 US$100
Accounting for Profit for Breach of Contract, Barnett
Hbk 9781849462518 2012 £63 US$108
Advanced Contract and Opinion Practices under
the Cape Town Convention, Vol 2,
Pbk 9781841139876 2008 £69.99 US$120.95
Anticipatory Breach, Qiao
Hbk 9781849461122 2011 £63 US$126
Bills of Lading Incorporating Charterparties, Özdel
Hbk 9781849466790 2015 £60 US$103
Capacitas, Deakin, Supiot
Hbk 9781841139975 2009 £50 US$100
Carter’s Breach of Contract, Carter
Hbk 9781849463751 2012 £160 US$276
Inspection Copy Available
Cases, Materials and Texts on Unjustified
Enrichment, Beatson, Schrage
Pbk 9781841131269 2003 £53 US$106
Causation and Risk in the Law of Torts, Goldberg
Hbk 9781901362855 1999 £78 US$156
84
Causation in Negligence, Green
Hbk 9781849463317 2015 £55 US$94
Exploring Contract Law, Neyers, Bronaugh, Pitel
Hbk 9781841139067 2009 £95 US$190
Causing Psychiatric and Emotional Harm, Teff
Hbk 9781841132167 2008 £38 US$76
Failure of Contracts, Rose
Pbk 9781901362046 1997 £78 US$156
Chinese Business Law, Bu
Hbk 9781849460583 2010 £140 US$240
Gain-Based Damages, Edelman
Hbk 9781841133348 2002 £59 US$118
Commercial Arbitration in the Arab Middle East:
Shari’a, Syria, Lebanon, and Egypt, 2nd Edn, Saleh
Hbk 9781841134444 2006 £200 US$344
Good Faith in Contract and Property Law, Forte
Hbk 9781841130477 1999 £72 US$144
Common European Sales Law (CESL), Schulze
Hbk 9781849463652 2012 £220 US$378
Comparative Remedies for Breach of Contract,
Cohen, McKendrick
Hbk 9781841134536 2005 £66 US$132
Contract as Assumption, Coote
Hbk 9781849460293 2010 £50 US$100
Contract Damages, Saidov, Cunnington
Hbk 9781841137414 2008 £110 US$220
Inspection Copy Available
Contract Law, Kramer
Pbk 9781841135748 2010 £44.99 US$85.99
Inspection Copy Available
Contract Law, 2nd Edn, Beale, Fauvarque-Cosson,
Rutgers, Tallon, Vogenauer
Pbk 9781841136042 2010 £45 US$90
Contract Law and Contract Practice, Mitchell
Hbk 9781849461214 2013 £55 US$95
Inspection Copy Available
Contract Law in Russia, Yefremova, Yakovleva,
Henderson
Pbk 9781849462990 2014 £25 US$43
Contractual Indemnities, Courtney
Hbk 9781849462907 2014 £80 US$138
Pbk 9781509905010 2015 £35 US$60
Crimes of Business in International Law, Schmidt
Hbk 9781509906901 2015 £95 US$164
Dalhuisen on Transnational Comparative,
Commercial, Financial and Trade Law, 5th Edn,
Dalhuisen
Vol 1
Hbk 9781849464512 2013 £80 US$138
Vol 2
Hbk 9781849464529 2013 £120 US$206
Vol 3
Hbk 9781849464536 2013 £130 US$224
Inspection Copy Available
Hepple and Matthews’ Tort Law, 7th Edn, Howarth,
Matthews, Morgan, O’Sullivan, Tofaris
Pbk 9781849465557 2015 £43.99 US$76
Human Rights in Private Law, Friedmann, Barak-Erez
Hbk 9781841132136 2002 £79 US$158
Pbk 9781841132549 2003 £34 US$68
Implicit Dimensions of Contract, Campbell, Collins,
Wightman
Pbk 9781841133492 2003 £47 US$94
Iniuria and the Common Law, Descheemaeker, Scott
Hbk 9781849465038 2013 £55 US$95
International Sales Terms, 2nd Edn, Ostendorf
Hbk 9781849466097 2013 £140 US$240
Justifying Private Law Remedies, Rickett
Hbk 9781841138145 2008 £80 US$160
Juxtaposing Autonomy and Paternalism in Private
Law, Ogus, van Boom
Pbk 9781849461184 2011 £50 US$100
Landmark Cases in the Law of Contract, Mitchell,
Mitchell
Hbk 9781841137599 2008 £65 US$130
Landmark Cases in the Law of Restitution, Mitchell,
Mitchell
Hbk 9781841135885 2006 £71 US$142
Landmark Cases in the Law of Tort, Mitchell, Mitchell
Hbk 9781849460033 2010 £75 US$150
Liability for Wrongful Interferences with Chattels,
Douglas
Hbk 9781849461511 2011 £65 US$130
Maritime Law Evolving, Clarke
Hbk 9781849463997 2013 £80 US$138
Measuring Damages in the Law of Obligations,
Harder
Hbk 9781841138633 2010 £70 US$140
Defences in Tort, Dyson, Goudkamp, Wilmot-Smith
Hbk 9781849465267 2015 £75 US$129
Medicinal Product Liability and Regulation,
Goldberg
Hbk 9781841132518 2013 £70 US$120
Emerging Issues in Tort Law, Neyers, Chamberlain,
Pitel
Hbk 9781841137070 2007 £94 US$188
Mistakes in Contract Law, Macmillan
Hbk 9781841135076 2010 £60 US$120
Pbk 9781849462129 2012 £29.99 US$59.99
Enforcing Corporate Social Responsibility Codes,
Beckers
Hbk 9781849468992 2015 £74.99 US$129
Money Awards in Contract Law, Winterton
Hbk 9781849464574 2015 £50 US$86
English and European Perspectives on Contract and
Commercial Law, Gullifer, Vogenauer
Hbk 9781849465496 2014 £65 US$112
Inspection Copy Available
Enrichment and Restitution in New Zealand,
Grantham, Rickett
Hbk 9781901362923 2000 £100 US$200
Pbk 9781901362398 2000 £46 US$92
Enrichment in the Law of Unjust Enrichment and
Restitution, Lodder
Hbk 9781849463294 2012 £75 US$129
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Networks, Amstutz, Teubner
Hbk 9781841139456 2009 £75 US$150
Networks as Connected Contracts, Teubner
Hbk 9781849461740 2011 £60 US$120
Performance-Oriented Remedies in European Sale
of Goods Law, Mak
Hbk 9781841138930 2009 £65 US$130
Perspectives on Causation, Goldberg
Hbk 9781849460866 2011 £85 US$170
Hart Publishing • Backlist
Inspection Copy Available
Principles of the Law of Agency, Bennett
Pbk 9781841138855 2013 £26.99 US$46
The German Law of Torts, 4th Edn, Markesinis,
Unberath
Pbk 9781841132983 2002 £65 US$130
Protecting Reliance, Spence
Hbk 9781901362626 1999 £51 US$102
The Goals of Private Law, Robertson, Tang
Hbk 9781841139098 2009 £100 US$200
Public Procurement Law, Fairgrieve, Lichère
Hbk 9781849462174 2011 £75 US$150
The Jamestown Lectures 2006-2007, Combar
Hbk 9781841138084 2008 £28.99 US$57.99
Rediscovering the Law of Negligence, Beever
Hbk 9781841136868 2007 £60 US$120
Pbk 9781841139753 2009 £32.99 US$65.99
The Law of Confidentiality, Stanley
Pbk 9781841138114 2008 £50 US$86
Copyright, Patents,
Trademarks
The Law of Contract Damages, Kramer
Hbk 9781849464079 2014 £100 US$172
Art and Copyright, 2nd Edn, Stokes
Pbk 9781849461627 2012 £44.99 US$77.95
The Law of Damages in International Sales, Saidov
Hbk 9781841137421 2008 £100 US$172
Art and Law, Demarsin, Schrage, Tilleman, Verbeke
Hbk 9781841138190 2008 £120 US$240
The Law of Medical Negligence in England and
Germany, Stauch
Hbk 9781841136462 2008 £58 US$116
Community Design Regulation, Hasselblatt
Hbk 9781849467926 2015 £300 US$516
Reforming the French Law of Obligations,
Cartwright, Vogenauer, Whittaker
Hbk 9781841138053 2009 £130 US$260
Regulatory Competition in Contract Law and
Dispute Resolution, Eidenmüller
Hbk 9781849464857 2013 £170 US$292
Restitution of Overpaid Tax, Elliott, Häcker, Mitchell
Hbk 9781849461733 2013 £110 US$190
Restitution: Past, Present and Future, Cornish, Nolan,
O’Sullivan, Virgo
Hbk 9781901362428 1998 £86 US$172
Revisiting the Contracts Scholarship of Stewart
Macaulay, Braucher, Kidwell, Whitford
Hbk 9781849463010 2013 £65 US$112
Rights and Private Law, Nolan, Robertson
Hbk 9781849461429 2011 £95 US$163
Pbk 9781849466561 2014 £35 US$60
Set-off Defences in International Commercial
Arbitration, Fountoulakis
Hbk 9781849460323 2010 £75 US$128
Structure and Justification in Private Law, Rickett,
Grantham
Hbk 9781841138077 2008 £95 US$190
The Anatomy of Tort Law, Cane
Hbk 9781901362084 1997 £81 US$162
Pbk 9781901362091 1997 £36 US$72
The Law of Misstatements, Barker, Grantham, Swain
Hbk 9781849468633 2015 £65 US$112
The Law of Private Nuisance, Beever
Hbk 9781849465069 2013 £38 US$65
The Nature and Scope of Restitution, Jaffey
Hbk 9781901362480 2000 £69 US$138
The Restatement Third: Restitution and Unjust
Enrichment, Mitchell, Swadling
Hbk 9781849464086 2013 £68 US$117
Unjust Enrichment and Public Law, Williams
Hbk 9781841134147 2010 £57.99 US$115.99
Unjust Enrichment in South African Law, Scott
Hbk 9781849462235 2013 £57.99 US$100
Community Trademark Regulation, Hasselblatt
Hbk 9781849463621 2015 £350 US$602
Copyright Law and the Information Society in Asia,
Heath, Liu
Pbk 9781841136547 2006 £61 US$122
Copyright Law and the Public Interest in the
Nineteenth Century, Alexander
Hbk 9781841137865 2010 £65 US$130
Copyright Law in the Digital Society, Aplin
Hbk 9781841133560 2005 £87 US$174
The Tort of Conversion, Green, Randall QC
Hbk 9781841138336 2009 £75 US$128
Digital Copyright, 4th Edn, Stokes
Hbk 9781849464024 2014 £50 US$86
The Tortious Liability of Statutory Bodies,
Markesinis, Auby, Waltjen, Deakin
Hbk 9781841131245 1999 £56 US$112
European Plant Intellectual Property, Llewelyn,
Adcock
Hbk 9781841133225 2006 £150 US$258
The United Nations Convention on Contracts for
the International Sale of Goods, Kröll, Mistelis, del
Pilar Perales Viscacillas
Hbk 9781841131702 2011 £280 US$481
Fundamentals of Patent Law, Fisher
Hbk 9781841136929 2007 £90 US$154
Third Party Liability in Tort, McIvor
Hbk 9781841135526 2006 £65 US$112
Inspection Copy Available
Guidebook to Intellectual Property, 6th Edn, Jacob,
Alexander QC, Fisher
Pbk 9781849463256 2013 £20.99 US$36
Inspection Copy Available
Tort Law, Van Gerven, Lever, Larouche
Pbk 9781841131399 2001 £59 US$118
Intellectual Property & Free Trade Agreements,
Heath, Kamperman Sanders
Pbk 9781841138015 2007 £57 US$114
The Convention on International Interests in Mobile
Equipment and Luxembourg Protocol thereto on
Matters Specific to Railway Rolling Stock, Goode
Pbk 9788886449175 2008 £225 US$386
Tort Law and Human Rights, Wright
Hbk 9781841130354 2001 £56 US$112
Intellectual Property and Private International Law,
Drexl, Kur
Pbk 9781841135397 2005 £65 US$112
The Damages Lottery, Atiyah
Pbk 9781901362060 1997 £16.75 US$33.50
Tort Law Defences, Goudkamp
Hbk 9781849462914 2013 £63 US$108
The Defence of Passing On, Rush
Hbk 9781841136028 2006 £80 US$138
Tort Law: Challenging Orthodoxy, Pitel, Neyers,
Chamberlain
Hbk 9781849464710 2013 £78 US$134
Intellectual Property Law and Policy, Hansen
Vol 10,
Hbk 9781841138275 2008 £160 US$320
Vol 11
Hbk 9781841139968 2010 £150 US$300
Vol 12
Hbk 9781849460576 2013 £129.99 US$224
Transferred Loss, Unberath
Hbk 9781841133706 2003 £50 US$100
Intellectual Property Overlaps, Derclaye, Leistner
Hbk 9781841139500 2011 £80 US$160
The Europeanisation of English Tort Law, Giliker
Hbk 9781849463195 2014 £45 US$77
Uncertain Causation in Medical Liability, Khoury
Hbk 9781841135175 2006 £68 US$136
The Foundations of European Private Law,
Brownsword, Micklitz, Niglia, Weatherill
Hbk 9781849460651 2011 £98 US$196
International Intellectual Property and the
Common Law World, Rickett, Austin
Hbk 9781841131795 2000 £82 US$164
Understanding the Law of Obligations, Burrows
Pbk 9781841131832 2000 £27 US$54
The Change of Position Defence, Bant
Hbk 9781841139654 2009 £75 US$150
The Construction of Commercial Contracts, Carter
Hbk 9781849463423 2013 £140 US$240
The European Law of Commercial Agency, 3rd Edn,
Randolph QC, Davey
Hbk 9781841138503 2010 £130 US$224
Tort Law and the Legislature, Arvind, Steele
Hbk 9781849461405 2012 £85 US$146
The Foundations of Restitution for Wrongs, Giglio
Hbk 9781841136479 2007 £63 US$126
Understanding Unjust Enrichment, Neyers, McInnes,
Pitel
Hbk 9781841134239 2004 £63 US$126
The German Law of Contract, 2nd Edn, Markesinis,
Unberath, Johnston
Pbk 9781841134727 2006 £67 US$134
Unfair Contract Terms in European Law, Nebbia
Hbk 9781841135946 2007 £50 US$100
Unjust Enrichment and Contract, Baloch
Hbk 9781841139081 2009 £58 US$116
International Protection of Performers Rights,
Morgan
Hbk 9781841132853 2002 £63 US$126
International Trade Mark and Signs Protection,
Lange
Hbk 9781841139005 2010 £350 US$602
Interpreting TRIPS, Yamane
Hbk 9781841139531 2011 £80 US$160
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Hart Publishing • Backlist
IP and Other Things, Jacob
Hbk 9781849465953 2015 £65 US$112
New Frontiers of Intellectual Property Law, Heath,
Kamperman Sanders
Pbk 9781841135717 2005 £65 US$112
Fascism and Criminal Law, Skinner
Hbk 9781849465526 2015 £50 US$86
European Penology?, Daems, van Zyl Smit, Snacken
Hbk 9781849462334 2013 £65 US$112
Juvenile Law Violators, Human Rights, and the
Development of New Juvenile Justice Systems,
Jensen, Jepsen
Hbk 9781841136370 2006 £67 US$134
Pbk 9781841136363 2006 £31 US$62
On the Origin of the Right to Copy, Deazley
Hbk 9781841133751 2004 £66 US$132
Homicide Law in Comparative Perspective, Horder
Hbk 9781841136967 2007 £57 US$114
Parallel Trade in Europe, Stothers
Hbk 9781841134376 2007 £130 US$224
Incivilities, Simester, Von Hirsch
Hbk 9781841134994 2006 £47 US$94
Legal Institutions and Collective Memories, Karstedt
Hbk 9781841133263 2009 £70 US$140
Pbk 9781841133270 2009 £32.99 US$65.99
Patent Enforcement Worldwide, 3rd Edn, Heath
Hbk 9781849467094 2015 £95 US$164
Liberal Criminal Theory, Simester, du Bois-Pedain,
Neumann
Hbk 9781849465144 2014 £50 US$86
New Visions of Crime Victims, Hoyle, Young
Hbk 9781841132808 2002 £44 US$88
Pbk 9781841135212 2004 £27 US$54
Money Laundering Law, Alldridge
Hbk 9781841132648 2003 £63 US$126
Policing, Newburn, Peay
Hbk 9781849463003 2012 £52 US$89
Organised Crime and the Law, Campbell
Pbk 9781849461221 2013 £36.99 US$64
Punishing Juveniles, Weijers, Duff
Hbk 9781841132846 2002 £50 US$100
Personal Autonomy, the Private Sphere and
Criminal Law, Alldridge, Brants
Hbk 9781901362824 2001 £69 US$138
Punishment and Political Theory, Matravers
Hbk 9781901362886 1998 £67 US$134
Patent Law, Haedicke, Timmann
Hbk 9781849464925 2013 £320 US$550
Patent Litigation in Germany, Japan and the United
States, Pitz, Kawada, Schwab
Hbk 9781849461955 2015 £270 US$464
Protecting and Enforcing Life Science Inventions
in Europe under EPC and EU Law, 2nd Edn, Zimmer,
Zeman, Hammer, Goldbach, Allekotte
Hbk 9781849469111 2015 £195 US$335
Publicity Rights and Image, Black
Hbk 9781849460545 2011 £55 US$110
Regulating Technologies, Brownsword, Yeung
Pbk 9781841137889 2008 £28.99 US$57.99
Strategic Issues of Industrial Property Management
in a Globalizing Economy, Cottier, Schindler, Widmer
Pbk 9781841130668 1999 £89 US$178
The Common Law of Intellectual Property, Ng,
Bently, D’Agostino
Hbk 9781841139708 2010 £90 US$180
The Law of Comparative Advertising, Ohly, Spence
Hbk 9781841131177 2000 £63 US$126
The Legal Concept of Art, Kearns
Hbk 9781901362503 1998 £68 US$136
The New European Patent, Ilardi
Hbk 9781849468336 2015 £65 US$112
The Unitary EU Patent System, Pila, Wadlow
Hbk 9781849466196 2015 £50 US$86
Trade Marks in Theory and Practice, Pickering
Hbk 9781901362640 1998 £70 US$140
Criminal Law
Answering for Crime, Duff
Hbk 9781841137537 2007 £57 US$114
Pbk 9781849460330 2009 £28.99 US$57.99
Case Management in Criminal Trials, 2nd Edn,
Denyer QC
Pbk 9781849463041 2012 £44.99 US$77.95
Central Issues in Criminal Theory, Wilson
Pbk 9781841130620 2002 £31 US$62
Crimes, Harms, and Wrongs, Simester, Von Hirsch
Hbk 9781841139401 2011 £55 US$110
Pbk 9781849466998 2014 £22.50 US$39
Criminal Fair Trial Rights, Goss
Hbk 9781849465502 2014 £60 US$103
Decisions and Dilemmas, Peay
Pbk 9781841133430 2003 £32 US$64
Definition in the Criminal Law, Halpin
Hbk 9781841130712 2004 £40 US$80
86
Exploring the Mandatory Life Sentence for Murder,
Mitchell, Roberts
Pbk 9781849462280 2012 £34.99 US$60
Positive Obligations in Criminal Law, Ashworth
Hbk 9781849465052 2013 £45 US$77
Pbk 9781849469890 2015 £22.99 US$40
Rethinking Criminal Law Theory, Tanguay-Renaud,
Stribopoulos
Hbk 9781849460101 2012 £55 US$95
Seeking Security, Sullivan, Dennis
Hbk 9781849461665 2012 £75 US$129
Self-Defence in Criminal Law, Sangero
Hbk 9781841136073 2006 £67 US$134
Inspection Copy Available
Simester and Sullivan’s Criminal Law, 5th Edn,
Simester, Spencer, Sullivan, Virgo
Pbk 9781849464444 2013 £29.99 US$52
With Malice Aforethought, Blom-Cooper QC, Morris
Hbk 9781841134857 2004 £31 US$62
Criminology and
Policing
Civilian Oversight of Policing, Goldsmith, Lewis
Hbk 9781841130309 2000 £71 US$142
Crafting Transnational Policing, Goldsmith, Sheptycki
Hbk 9781841137759 2007 £57 US$114
Pbk 9781841137766 2007 £32 US$64
Criminal Policy in Transition, Green, Rutherford
Hbk 9781841131887 2000 £72 US$144
Pbk 9781841131894 2000 £38 US$76
Criminology and Archaeology, Mackenzie, Green
Hbk 9781841139913 2009 £60 US$120
Pbk 9781841139920 2009 £28.99 US$57.99
Inspection Copy Available
Debating Restorative Justice, Cunneen, Hoyle
Pbk 9781849460224 2010 £17.99 US$35.99
Inspection Copy Available
Devils and Angels, Fionda
Pbk 9781841133744 2005 £32 US$64
Emotions, Crime and Justice, Karstedt, Loader, Strang
Hbk 9781849461610 2011 £60 US$120
Pbk 9781849466837 2014 £20 US$34
Ethical and Social Perspectives on Situational Crime
Prevention, von Hirsch, Garland, Wakefield
Pbk 9781841135533 2004 £29 US$58
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Regulating Deviance, McSherry, Norrie, Bronitt
Hbk 9781841138893 2008 £60 US$120
Pbk 9781841138909 2008 £28.99 US$57.99
Regulating Policing, Cape, Young
Pbk 9781841138619 2008 £37.99 US$75.99
Remorse, Penal Theory and Sentencing, Maslen
Hbk 9781849465434 2015 £40 US$69
Restorative Justice and Criminal Justice, von Hirsch,
Roberts, Bottoms, Roach, Schiff
Hbk 9781841132730 2003 £56 US$112
Pbk 9781841135182 2004 £31 US$62
Restorative Justice for Juveniles, Morris, Maxwell
Hbk 9781841131764 2001 £63 US$126
Pbk 9781841134024 2003 £26 US$52
Setting the Watch, Von Silva-Tarouca Larsen
Hbk 9781849460842 2011 £50 US$100
Sex, Crime and Literature in Victorian England, Ward
Pbk 9781509904983 2015 £15 US$26
Shooting to Kill, Bronitt, Gani, Hufnagel
Hbk 9781849462921 2012 £55 US$94
Social Dynamics of Crime and Control, Karstedt,
Bussmann
Pbk 9781841131641 2000 £37 US$74
The Shaming of Sexual Offenders, McAlinden
Pbk 9781841135922 2007 £38 US$76
Travels of the Criminal Question, Melossi, Sozzo,
Sparks
Hbk 9781849460767 2011 £53 US$106
Pbk 9781849460774 2011 £25.99 US$51.99
Women, Crime and Social Harm, Cain, Howe
Hbk 9781841138428 2008 £58 US$116
Pbk 9781841138411 2008 £27.99 US$55.99
Education Law
Education, Law and Diversity, Harris
Pbk 9781841132525 2007 £47 US$94
Energy, Environmental &
Natural Resources Law
Carbon Capture and Storage, Havercroft, Macrory,
Stewart
Hbk 9781841132686 2011 £75 US$150
Hart Publishing • Backlist
Inspection Copy Available
Casebook on EU Environmental Law, 2nd Edn,
Kramer
Pbk 9781841131726 2002 £55 US$110
Climate Change and Displacement, McAdam
Hbk 9781849460385 2010 £55 US$110
Pbk 9781849463560 2012 £21.99 US$38
Criminological and Legal Consequences of Climate
Change, Farrall, Ahmed, French
Hbk 9781849461863 2012 £55 US$95
Emissions Trading Schemes, Bogojevic
Hbk 9781849464055 2013 £55 US$95
Equity & Trusts
Breach of Trust, Birks, Pretto-Sakmann
Hbk 9781841131740 2002 £90 US$180
Constructive and Resulting Trusts, Mitchell
Hbk 9781841139272 2010 £80 US$160
Equity Stirring, Watt
Hbk 9781841138466 2009 £21.99 US$43.99
Fault Lines in Equity, Glister, Ridge
Hbk 9781849462198 2012 £75 US$129
Energy Security, Haghighi
Hbk 9781841137285 2007 £81 US$162
Fiduciary Loyalty, Conaglen
Hbk 9781841135830 2010 £60 US$120
Pbk 9781849462143 2011 £29.99 US$59.99
Enforcing Pollution Control Regulation, Abbot
Hbk 9781841139258 2009 £50 US$100
Foundations of Charity, Mitchell, Moody
Hbk 9781841131306 2000 £56 US$112
Environment, Human Rights and International
Trade, Francioni
Hbk 9781841132174 2001 £72 US$144
Landmark Cases in Equity, Mitchell, Mitchell
Hbk 9781849461542 2012 £140 US$241
Pbk 9781849466615 2014 £45 US$77
Environmental Integration in the EU’s External
Relations, Durán, Morgera
Hbk 9781849461870 2012 £60 US$103
Private Law and Property Claims, Jaffey
Hbk 9781841136332 2007 £38 US$76
Environmental Judicial Review, Moules
Hbk 9781849460019 2011 £80 US$138
Inspection Copy Available
Environmental Law for Sustainability, Richardson,
Wood
Pbk 9781841135441 2006 £33 US$66
Environmental Protection and the Common Law,
Lowry, Edmunds
Hbk 9781901362930 2000 £54 US$108
Inspection Copy Available
EU Environmental Law, Governance and DecisionMaking, 2nd Edn, Lee
Pbk 9781849464215 2014 £25 US$43
The Hague Trusts Convention, Harris
Hbk 9781841131108 2002 £130 US$224
The ‘New’ Public Benefit Requirement, Synge
Hbk 9781849465939 2015 £60 US$103
Central European Judges Under the European
Influence, Bobek
Hbk 9781849467742 2015 £60 US$103
The Quistclose Trust, Swadling
Hbk 9781841134123 2004 £44 US$88
Constitutional Change in the EU, De Búrca, Scott
Hbk 9781841131030 2000 £63 US$126
The Voluntary Sector, the State and the Law, Dunn
Hbk 9781841130675 2000 £63 US$126
Constitutional Crisis in the European Constitutional
Area, von Bogdandy, Sonnevend
Hbk 9781849464642 2015 £50 US$86
European Law
Constitutional Problems of the European Union,
Hartley
Hbk 9781901362466 1999 £56 US$112
50 Years of the European Treaties, Dougan, Currie
Pbk 9781841138329 2009 £42.99 US$85.99
Inspection Copy Available
International Environmental Law, Beyerlin, Marauhn
Pbk 9781841139241 2011 £35.99 US$71.99
A Constitutional Order of States?, Arnull, Barnard,
Dougan, Spaventa
Hbk 9781849460460 2011 £85 US$170
Interpreting Environmental Offences, Lees
Hbk 9781849467377 2015 £65 US$112
A Right to Inclusion and Exclusion?, Lindahl
Hbk 9781841139494 2009 £63 US$126
Making Environmental Laws Work, Wilson
Hbk 9781901362794 1999 £57 US$114
Inspection Copy Available
A Textbook of European Union Law, Evans
Pbk 9781901362374 1998 £39 US$78
Nuclear Law, 2nd Edn, Tromans QC
Hbk 9781841138572 2010 £130 US$224
Planning and Environmental Protection, Miller
Pbk 9781841131818 2001 £36 US$72
Property Rights and Natural Resources, Barnes
Hbk 9781841135892 2009 £75 US$150
Regulating Pollution, Hilson
Hbk 9781841130941 2000 £48 US$96
Regulation, Enforcement and Governance in
Environmental Law, 2nd Edn, Macrory
Pbk 9781849464505 2014 £35 US$60
The Aarhus Convention, Banner
Pbk 9781849465717 2015 £45 US$78
The Habitats Directive, Jones QC
Hbk 9781849462938 2012 £75 US$128
The Philosophical Foundations of Environmental
Law, Coyle, Morrow
Hbk 9781841133591 2004 £60 US$120
Pbk 9781841133607 2004 £25 US$50
Toxics and Transnational Law, Pallemaerts
Hbk 9781841131290 2003 £120 US$240
Vol 4, 2001, Dashwood, Hillion, Spencer, Ward
Hbk 9781841133072 2002 £105 US$210
Vol 5, 2002-2003, Bell, Dashwood, Spencer, Ward
Hbk 9781841133614 2004 £120 US$240
Vol 6, 2003-2004, Bell, Kilpatrick
Hbk 9781841134932 2005 £120 US$240
Vol 7, 2004-2005, Bell, Kilpatrick
Hbk 9781841135618 2006 £126 US$252
Vol 8, 2005-2006, Bell, Kilpatrick
Hbk 9781841136622 2006 £114 US$228
Vol 9, 2006-2007, Barnard
Hbk 9781841137520 2007 £107 US$214
Vol 10, 2007-2008, Barnard
Hbk 9781841138374 2008 £150 US$300
Vol 11, 2008-2009, Barnard, Odudu
Hbk 9781841139579 2009 £150 US$300
Vol 12, 2009-2010, Barnard, Odudu
Hbk 9781849460743 2010 £150 US$300
Vol 13, 2010-2011, Barnard, Odudu
Hbk 9781849461993 2011 £140 US$280
Vol 14 2011-2012, Barnard, Gehring, Solanke
Hbk 9781849463539 2012 £150 US$258
Vol 15 2012-2013, Barnard, Albors-Llorens, Gehring,
Schütze
Hbk 9781849464765 2013 £140 US$241
Vol 16 2013-2014, Albors-Llorens, Armstrong, Gehring
Hbk 9781849466288 2015 £135 US$232
A True European, Hoskins, Robinson
Hbk 9781841134475 2004 £74 US$148
Abuse of EU Law and Regulation of the Internal
Market, Saydé
Hbk 9781849465281 2014 £65 US$112
Better Regulation, Weatherill
Hbk 9781841137155 2007 £63 US$126
Between Competition and Free Movement, Cruz
Hbk 9781841133362 2002 £60 US$120
Between Governing and Governance, Kjaer
Hbk 9781849460262 2010 £60 US$120
Beyond the Established Legal Orders, Evans,
Koutrakos
Hbk 9781849461481 2011 £58 US$116
Cambridge Yearbook of European Legal Studies
Vol 1, 1998, Dashwood, Ward
Hbk 9781841130880 1999 £121 US$242
Vol 2, 1999, Dashwood, Ward
Hbk 9781841131276 2000 £138 US$276
Vol 3, 2000, Dashwood, Spencer, Ward, Hillion
Hbk 9781841132402 2002 £116 US$232
Constitutional Review in Europe, de Visser
Hbk 9781849463850 2013 £83 US$143
Constitutionalising the EU Judicial System,
Cardonnel, Rosas, Wahl
Hbk 9781849463362 2012 £75 US$129
Convergence and Divergence in European Public
Law, Beaumont, Lyons, Walker
Hbk 9781841132112 2002 £63 US$126
Court of Justice of the EU, Waegenbaur
Hbk 9781841139951 2013 £170 US$292
Democracy and Constitutionalism in the European
Union, Mancini
Hbk 9781841131146 2000 £63 US$126
Differentiation in European Union Law, Tuytschaever
Hbk 9781841130729 1999 £70 US$140
Direct Investment, National Champions and EU
Treaty Freedoms, Benyon
Hbk 9781849461085 2010 £55 US$110
Economic and Social Rights under the EU Charter of
Fundamental Rights, Hervey, Kenner
Hbk 9781841130958 2003 £72 US$144
Pbk 9781841135632 2006 £32 US$64
Effective Judicial Protection and the Environmental
Impact Assessment Directive in Ireland, Ryall
Hbk 9781841135007 2009 £60 US$120
Employment Law at the European Court of Justice,
O’Leary
Hbk 9781841132334 2002 £56 US$112
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Hart Publishing • Backlist
Empowerment and Disempowerment of the
European Citizen, Dougan, Nic Shuibhne, Spaventa
Hbk 9781849462358 2012 £60 US$103
EU Committees, Joerges, Vos
Hbk 9781901362688 1999 £79 US$158
Inspection Copy Available
EU Constitutional Law, 2nd Edn, Rosas, Armati
Pbk 9781849463201 2012 £18.99 US$33
EU Counter-Terrorism Law, Murphy
Hbk 9781849461351 2012 £60 US$103
Pbk 9781849468732 2015 £23.99 US$41
EU Enlargement, Hillion
Hbk 9781841133768 2004 £59 US$118
EU Food Law, Macmaoláin
Pbk 9781841134987 2007 £45 US$90
EU Foreign Relations Law, Cremona, de Witte
Pbk 9781841137575 2008 £45 US$90
Inspection Copy Available
EU International Relations Law, 2nd Edn, Koutrakos
Pbk 9781849463225 2015 £40 US$69
EU Law and Integration, da Cruz Vilaça
Hbk 9781849465083 2014 £50 US$86
Governing Public Health, Flear
Hbk 9781849462204 2015 £55 US$95
Human Rights in Contemporary European Law,
Nergelius, Kristoffersson
Hbk 9781849464833 2015 £55 US$95
Institutional Frameworks of Community Health and
Safety Regulations, Vos
Hbk 9781901362749 1998 £72 US$144
Professional Services in the EU Internal Market,
Heremans
Hbk 9781849462402 2012 £85 US$146
Judging Europe’s Judges, Adams, de Waele, Meeusen,
Straetmans
Hbk 9781849463355 2013 £45 US$77
Pbk 9781849469708 2015 £22.50 US$39
Prohibition of Abuse of Law, de la Feria, Vogenauer
Hbk 9781841139388 2011 £95 US$190
Labour Law, Fundamental Rights and Social
Europe, Rönnmar
Hbk 9781849462105 2011 £65 US$130
Law and Governance in an Enlarged European
Union, Bermann, Pistor
Hbk 9781841134260 2004 £67 US$134
EU Security and Justice Law, Arcarazo, Murphy
Hbk 9781849464222 2014 £50 US$86
Lawyering Europe, Vauchez, de Witte
Hbk 9781849463782 2013 £55 US$95
EU Social Security Law, Fuchs, Cornelissen
Hbk 9781509903672 2015 £161 US$276
Legal Framework of the Single European Currency,
Beaumont, Walker
Hbk 9781841130019 1999 £82 US$164
European Police and Criminal Law Co-operation,
Vol 5, Bergström, Cornell
Hbk 9781849463508 2014 £55 US$95
European Union Law and Defence Integration,
Trybus
Hbk 9781841134406 2005 £71 US$142
European Union Law for the Twenty-First Century:
Vol 1, Tridimas, Nebbia
Hbk 9781841134567 2004 £71 US$142
European Union Law for the Twenty-First Century:
Vol2, Tridimas, Nebbia
Hbk 9781841134604 2004 £67 US$134
Principles of European Constitutional Law, 2nd Edn,
von Bogdandy, Bast
Hbk 9781841138220 2009 £180 US$360
Pbk 9781849462112 2011 £45 US$90
Process and Procedure in EU Administration,
Harlow, Rawlings
Pbk 9781849462983 2014 £35 US$60
EU Law for UK Lawyers, 2nd Edn, O’Neill
Hbk 9781841130460 2011 £90 US$154
European Administrative Law in the Constitutional
Treaty, Nieto-Garrido, Delgado
Pbk 9781841135120 2007 £57 US$114
Principles of Administrative Procedure in EC Law,
Nehl
Hbk 9781841130088 1999 £63 US$126
Implementing Amsterdam, Guild, Harlow
Hbk 9781841131160 2001 £87 US$174
Law and New Governance in the EU and the US, De
Búrca, Scott
Pbk 9781841135434 2006 £47 US$94
Europe’s Justice Deficit?, Kochenov, de Búrca, Williams
Hbk 9781849465274 2015 £60 US$103
88
Fundamental Rights in the EU, Morano-Foadi, Vickers
Hbk 9781849467070 2015 £59.99 US$103
Legal Issues of the Amsterdam Treaty, Twomey,
O’Keeffe
Hbk 9781841130026 1999 £92 US$184
Legal Responses to Trafficking in Women for Sexual
Exploitation in the European Union, Askola
Hbk 9781841136509 2007 £44 US$88
Mixed Agreements Revisited, Hillion, Koutrakos
Hbk 9781841139548 2010 £90 US$180
National Developments in the Intersection of IPR
and Competition Law, Lidgard
Hbk 9781841139449 2011 £65 US$130
National Remedies Before the Court of Justice,
Dougan
Hbk 9781841133959 2004 £60 US$120
Nationalism and Private Law in Europe, Comparato
Hbk 9781849465878 2014 £60 US$103
Public Liability in EU Law, Aalto
Hbk 9781849461337 2011 £75 US$150
REACH, Drohmann, Townsend
Hbk 9781849461948 2013 £320 US$550
Reflexive Governance, De Schutter, Lenoble
Hbk 9781849460682 2010 £60 US$120
Regulating Social Europe, Lo Faro
Hbk 9781901362909 2000 £54 US$108
Services and the EU Citizen, Benyon
Hbk 9781849464260 2013 £55 US$95
Shaping the Single European Market in the Field of
Foreign Direct Investment, Strik
Hbk 9781849465427 2014 £65 US$112
Single Common Market Organisation (Regulation
(EC) 1234/2007), Mögele, Erlbacher
Hbk 9781841139944 2011 £280 US$481
Social Law and Policy in an Evolving European
Union, Shaw
Hbk 9781841131078 2000 £63 US$126
Social Welfare and EU Law, Dougan, Spaventa
Hbk 9781841134901 2005 £50 US$100
Soft Law in European Community Law, Senden
Hbk 9781841134321 2004 £90 US$180
Sovereignty in Transition, Walker
Hbk 9781841133379 2003 £74 US$148
Pbk 9781841135649 2006 £38 US$76
Swedish Studies in European Law - Vol1, Wahl,
Cramér
Hbk 9781841136554 2006 £40 US$80
Swedish Studies in European Law - Vol 2, Cramér,
Bull
Hbk 9781841136561 2008 £40 US$80
European Union Treaties, Geiger, Khan, Kotzur
Hbk 9781849463614 2015 £170 US$292
Nudge and the Law, Alemanno, Sibony
Hbk 9781849467322 2015 £50 US$86
Europe’s Constitutional Mosaic, Walker, Shaw, Tierney
Hbk 9781841139791 2011 £70 US$140
Of Courts and Constitutions, Bradley, Travers, Whelan
Hbk 9781849466653 2014 £60 US$103
The Accession of the European Union to the
European Convention on Human Rights, Gragl
Hbk 9781849464604 2013 £40 US$69
Federalism in the European Union, Cloots, De Baere,
Sottiaux
Hbk 9781849462426 2012 £75 US$129
Oliver on Free Movement of Goods in the European
Union, 5th Edn, Oliver
Hbk 9781841138107 2010 £130 US$224
The Administrative Supervision and Enforcement
of EC Law, Ibáñez
Hbk 9781841130569 1999 £90 US$180
Free Movement of Persons within the European
Community, Van Der Mei
Hbk 9781841132884 2003 £90 US$180
Partnership Rights, Free Movement, and EU Law,
Toner
Hbk 9781841134772 2004 £59 US$118
The Constitution of Private Governance, Schepel
Hbk 9781841134871 2005 £74 US$148
Free Movement, Social Security and Gender in the
EU, Paskalia
Hbk 9781841136226 2007 £74 US$148
Patterns of Regionalism and Federalism, Fedtke,
Markesinis
Hbk 9781841134703 2006 £54 US$108
Fundamental Rights in EU Internal Market
Legislation, Kosta
Hbk 9781849467117 2015 £60 US$103
Pluralism and European Private Law, Niglia
Hbk 9781849463379 2013 £52 US$89
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The Constitutionalization of European Budgetary
Constraints, Adams, Fabbrini, Larouche
Hbk 9781849465809 2014 £65 US$112
The Cyprus Issue, Skoutaris
Hbk 9781849460958 2011 £63 US$126
The Democratic Accountability of Central Banks,
Amtenbrink
Hbk 9781841130422 1999 £115 US$230
Hart Publishing • Backlist
The EEA and the EFTA Court, EFTA Court
Hbk 9781849466264 2015 £75 US$129
The EFTA Court, Baudenbacher, Tresselt, Orlygsson
Hbk 9781841135694 2005 £57 US$114
The EU Accession to the ECHR, Kosta, Skoutaris,
Tzevelekos
Hbk 9781849465236 2014 £65 US$112
The EU and the WTO, De Búrca, Scott
Hbk 9781841131993 2002 £70 US$140
Pbk 9781841134017 2003 £32 US$64
The EU Charter of Fundamental Rights, Peers, Ward
Hbk 9781841134499 2004 £65 US$130
The EU Charter of Fundamental Rights, Peers,
Hervey, Kenner, Ward
Hbk 9781849463089 2014 £240 US$412
The EU Charter of Fundamental Rights as a Binding
Instrument, de Vries, Bernitz, Weatherill
Hbk 9781782258254 2015 £70 US$120
The Legal Reasoning of the Court of Justice of the
EU, Beck
Hbk 9781849463232 2013 £68 US$117
The National Courts’ Mandate in the European
Constitution, Claes
Hbk 9781841134765 2006 £95 US$190
Criminal Evidence and Human Rights, Roberts,
Hunter
Hbk 9781849461726 2012 £65 US$112
Pbk 9781849464956 2013 £23.99 US$41
Criminal Justice in Transition, McAlinden, Dwyer
Hbk 9781849465779 2015 £55 US$95
The Outer Limits of European Union Law, Barnard,
Odudu
Hbk 9781841138602 2009 £63 US$126
Evidence & the Adversarial Process, 2nd Edn,
McEwan
Pbk 9781901362183 1998 £36 US$72
The Past and Future of EU Law, Maduro, Azoulai
Pbk 9781841137124 2010 £65 US$130
Evidence of Bad Character, 2nd Edn, Spencer
Pbk 9781841139814 2009 £39.99 US$68.95
The Principle of Proportionality in the Laws of
Europe, Elllis
Hbk 9781841130071 1999 £63 US$126
Fair Trials, Summers
Hbk 9781841137308 2007 £50 US$100
The Protection of Fundamental Rights in the EU
After Lisbon, De Vries, Bernitz, Weatherill
Hbk 9781849464437 2013 £48 US$83
Hearsay Evidence in Criminal Proceedings, 2nd Edn,
Spencer
Pbk 9781849464635 2014 £35 US$60
The Role of Regions and Sub-National Actors in
Europe, Weatherill, Bernitz
Hbk 9781841134888 2005 £57 US$114
Innovations in Evidence and Proof, Roberts,
Redmayne
Hbk 9781841137063 2007 £57 US$114
Pbk 9781841139784 2009 £32.99 US$65.99
The Struggle for European Private Law, Niglia
Hbk 9781849462600 2015 £48 US$83
Inquests, Cooper
Pbk 9781849460378 2011 £39.99 US$68.95
The Treaty of Nice and Beyond, Andenas, Usher
Hbk 9781841133393 2003 £84 US$168
Jury Trials and Plea Bargaining, McConville, Mirsky
Hbk 9781841135168 2005 £50 US$100
The European Crisis and the Transformation of
Transnational Governance, Joerges, Glinski
Hbk 9781849466325 2014 £75 US$129
Towards a European Legal Culture, Helleringer,
Purnhagen
Hbk 9781849464918 2014 £190 US$327
Legal Aid Lawyers and the Quest for Justice,
Newman
Hbk 9781849464338 2013 £45 US$77
The European Neighbourhood Policy and the
Democratic Values of the EU, Ghazaryan
Hbk 9781849462785 2014 £50 US$86
Trade, Foreign Policy and Defence in EU
Constitutional Law, Koutrakos
Hbk 9781841131665 2001 £71 US$142
Murder, Medicine and Motherhood, Cunliffe
Hbk 9781849461573 2011 £40 US$80
Inspection Copy Available
The European Union, van Gerven
Pbk 9781841135298 2005 £32 US$64
Uniformity of Customs Administration in the
European Union, Limbach
Hbk 9781782256724 2015 £55 US$95
The European Union and China, 1949-2008, Snyder
Pbk 9781841137247 2009 £80 US$160
Viking, Laval and Beyond, Freedland, Prassl
Hbk 9781849466240 2015 £60 US$103
The European Union and Global Emergencies,
Antoniadis, Schütze, Spaventa
Hbk 9781849460828 2011 £58 US$116
We the Court, Maduro
Hbk 9781901362251 1998 £69 US$138
The European Court and National Courts, Slaughter,
Stone Sweet, Weiler
Hbk 9781901362268 1998 £88 US$176
The European Court of Justice and External
Relations Law, Cremona, Thies
Hbk 9781849465045 2014 £50 US$86
The European Union in International Organisations
and Global Governance, Kaddous
Hbk 9781849467001 2015 £68 US$117
The Europeanisation of Law, Snyder
Hbk 9781841130255 2000 £89 US$178
The Future of Remedies in Europe, Kilpatrick, Novitz,
Skidmore
Hbk 9781841130828 2000 £72 US$144
The Future of the Judicial System of the European
Union, Dashwood, Johnston
Hbk 9781841132419 2001 £70 US$140
The Impact of European Rights on National Legal
Cultures, Aziz
Hbk 9781841133096 2004 £50 US$100
The Involvement of EU Law in Private Law
Relationships, Leczykiewicz, Weatherill
Hbk 9781849463300 2013 £78 US$134
The Language Question in Europe and Diverse
Societies, Castiglione, Longman
Hbk 9781841136677 2007 £57 US$114
Pbk 9781841136684 2007 £28 US$56
The Law of the Single European Market, Barnard,
Scott
Hbk 9781841132716 2002 £82 US$164
Pbk 9781841133447 2002 £35 US$70
What Form of Government for the European Union
and the Eurozone?, Fabbrini, Ballin, Somsen
Hbk 9781849468107 2015 £60 US$103
Whose Freedom, Security and Justice?, Baldaccini,
Guild, Toner
Hbk 9781841136844 2007 £90 US$180
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Wyatt and Dashwood’s European Union Law, 6th
Edn, Dashwood, Dougan, Rodger, Spaventa, Wyatt
Pbk 9781849461269 2011 £41.99 US$72
Evidence, Proof and
Process
Children and Cross-Examination, Spencer, Lamb
Pbk 9781849463072 2012 £34.99 US$60
Crime, Procedure and Evidence in a Comparative
and International Context, Jackson, Langer, Tillers
Hbk 9781841136820 008 £70 US$140
Criminal Deterrence and Sentencing Severity, von
Hirsch, Bottoms, Burney, Wikstrom
Pbk 9781841130514 1999 £40 US$80
Previous Convictions at Sentencing, Roberts, von
Hirsch
Hbk 9781849460422 2010 £50 US$100
Pbk 9781849466844 2014 £18 US$31
Inspection Copy Available
Principled Sentencing, 3rd Edn, von Hirsch,
Ashworth, Roberts
Pbk 9781841137179 2009 £31.99 US$63.99
Principles of German Criminal Procedure, Bohlander
Hbk 9781849462167 2012 £50 US$86
Sexual Assault and the Justice Gap: A Question of
Attitude, Temkin, Krahé
Pbk 9781841136707 2008 £38.99 US$77.99
The Judicial Role in Criminal Proceedings, Doran,
Jackson
Hbk 9781841130453 2000 £89 US$178
The Presumption of Innocence, Stumer
Hbk 9781849460361 2010 £60 US$120
The Privilege Against Self-Incrimination and
Criminal Justice, Choo
Hbk 9781841133171 2013 £48 US$83
The Trial on Trial, Duff, Farmer, Marshall, Tadros
Vol 1
Hbk 9781841134420 2004 £53 US$106
Vol 2
Hbk 9781841135427 2006 £67 US$134
Vol 3
Hbk 9781841136981 2007 £50 US$100
The Verdict of the Court, McEwan
Hbk 9781901362534 2003 £57 US$114
Victims’ Rights, Human Rights and Criminal Justice,
Doak
Pbk 9781841136035 2008 £37.99 US$75.99
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Hart Publishing • Backlist
Family Law
Changing Contours of Domestic Life, Family and
Law, Bottomley, Wong
Hbk 9781841139043 2009 £55 US$110
Pbk 9781841139036 2009 £28.99 US$57.98
Child Support, Nick Wikeley
Pbk 9781841135328 2006 £47 US$94
Child Support in Action, Davis, Wikeley, Young
Hbk 9781901362329 1998 £69 US$138
Pbk 9781901362701 1998 £36 US$72
Children and the European Union, Stalford
Pbk 9781841137650 2012 £31.99 US$55
Children and Their Families, Bainham, Lindley,
Richards, Trinder
Pbk 9781841132532 2003 £42 US$84
Cohabitation, Marriage and the Law, Barlow,
Duncan, James, Park
Pbk 9781841134338 2005 £34 US$68
Delivering Family Justice in the 21st Century,
Maclean, Eekelaar Bastard
Hbk 9781849469128 2015 £45 US$77
Divorcing Responsibly, Reece
Hbk 9781841132150 2003 £55 US$110
Ethnic Minorities, Their Families and the Law,
Murphy
Hbk 9781901362596 2000 £56 US$112
European Human Rights and Family Law, Choudhry,
Herring
Pbk 9781841131757 2010 £70 US$120
Women, Law and Human Rights, Banda
Hbk 9781841131283 2005 £40 US$80
Making Family Law, Maclean, Kurczewski
Hbk 9781849462273 2011 £19.99 US$39.99
Women’s Rights to Social Security and Social
Protection, Goldblatt, Lamarche
Hbk 9781849466929 2014 £75 US$129
Making Law for Families, Maclean
Hbk 9781841132051 2000 £71 US$142
Pbk 9781841132068 2000 £52 US$104
General
Managing Family Justice in Diverse Societies,
Maclean, Eekelaar
Hbk 9781849464000 2013 £60 US$103
Pbk 9781782256229 2015 £20.99 US$36
Marital Agreements and Private Autonomy in
Comparative Perspective, Scherpe
Hbk 9781849460125 2012 £85 US$146
Marriage Rites and Rights, Miles, Mody, Probert
Pbk 9781849469135 2015 £35 US$60
Parenting after Partnering, Maclean
Hbk 9781841137810 2007 £57 US$114
Pbk 9781841137827 2007 £28 US$56
Prenuptial Agreements and the Presumption of
Free Choice, Thompson
Hbk 9781849465984 2015 £50 US$86
Relocation Disputes, George
Hbk 9781849464666 2014 £45 US$77
Responsible Parents and Parental Responsibility,
Probert, Gilmore, Herring
Pbk 9781841138800 2009 £70 US$140
An Index to Common Law Festschriften, Taggart
Hbk 9781841136417 2006 £34 US$68
Free Country, Kentridge QC
Hbk 9781849464673 2012 £21.99 US$38
Inspection Copy Available
Law in Northern Ireland, 2nd Edn, Dickson
Pbk 9781849464598 2013 £33.99 US$58
Lord Kilmuir, Duxbury
Hbk 9781782256236 2015 £25 US$43
Noted, but not Invariably Approved, Spencer
Pbk 9781849466714 2014 £15 US$26
Inspection Copy Available
Principles of Legislative and Regulatory Drafting,
McLeod
Pbk 9781841137728 2009 £31.99 US$63.99
The Bond, Fletcher
Pbk 9781841139838 2009 £18.99 US$37.99
The Great Land, Atiyah
Hbk 9780955832703 2008 £23 US$46
Sharing Lives, Dividing Assets, Miles, Probert
Pbk 9781841132594 2009 £55 US$110
The Jurisprudence of Lord Hoffmann, Davies, Pila
Hbk 9781849465915 2015 £50 US$95
Family Justice, Eekelaarnd, Maclean
Hbk 9781849465014 2013 £35 US$60
Surrogate Motherhood, Cook, Day Sclater, Kaganas
Hbk 9781841132556 2003 £56 US$112
Family Law, Dewar, Parker
Pbk 9781841133089 2003 £75 US$150
The Changing Family, Eekelaar, Nhlapo
Pbk 9781901362992 1998 £105 US$210
The Permanent New Zealand Court of Appeal,
Bigwood
Hbk 9781841139623 2009 £95 US$190
Family Law Advocacy, Maclean, Eekelaar
Pbk 9781841132778 2009 £31.99 US$63.99
The Parental Obligation, Maclean, Eekelaar
Hbk 9781901362220 1997 £69 US$138
Pbk 9781901362237 1997 £31 US$62
Family Law and Family Values, Maclean
Hbk 9781841135472 2005 £29 US$58
Inspection Copy Available
Family Law, Gender and the State, 3rd Edn, Diduck,
Kaganas
Pbk 9781849461498 2012 £33.99 US$58
The Property Rights of Cohabitees, Mee
Hbk 9781901362763 1999 £86 US$172
What is a Parent, Bainham, Day Sclater, Richards
Hbk 9781841130583 1999 £72 US$144
Pbk 9781841130439 1999 £33 US$66
The Safest Shield, Judge
Hbk 9781509901890 2015 £22.50 US$39
Human Rights
A Responsibility to Assist, Tom Hadden
Pbk 9781841139340 2009 £37.99 US$75.99
Accounting for Hunger, De Schutter, Cordes
Hbk 9781849462266 2011 £58 US$116
Family Lawyers, Eekelaar, Maclean
Hbk 9781841131856 2000 £54 US$108
Pbk 9781841131863 2000 £27 US$54
Gender & the Law
Amnesty, Human Rights and Political Transitions,
Mallinder
Hbk 9781841137711 2008 £75 US$150
Fathers’ Rights Activism and Law Reform in
Comparative Perspective, Collier, Sheldon
Pbk 9781841136295 2006 £20 US$40
Australian Feminist Judgments, Douglas, Bartlett,
Luker, Hunter
Pbk 9781849465212 2015 £35 US$60
An Introduction to Human Rights and the Common
Law, English, Havers
Hbk 9781841130323 2000 £57 US$114
Fragmenting Fatherhood, Collier, Sheldon
Pbk 9781841134178 2008 £37.99 US$75.99
Inspection Copy Available
Feminist Judgments, Hunter, McGlynn, Rackley
Pbk 9781849460538 2010 £26.99 US$53.99
Biotechnologies and International Human Rights,
Francioni
Hbk 9781841137032 2007 £74 US$148
Gender and Judging, Schultz, Shaw
Hbk 9781841136400 2013 £55 US$95
Children’s Socio-Economic Rights, Democracy And
The Courts, Nolan
Hbk 9781841137698 2011 £65 US$130
Pbk 9781849467278 2014 £22.50 US$39
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Ideas and Debates in Family Law, George
Pbk 9781849462549 2012 £19.99 US$34
Informal Carers and Private Law, Sloan
Hbk 9781849462815 2012 £70 US$120
Gender, Culture and Human Rights, Mullally
Hbk 9781841135137 2006 £54 US$108
Kinship Matters, Ebtehaj, Lindley, Richards
Pbk 9781841136974 2006 £47 US$94
Rethinking Equality Projects in Law, Hunter
Hbk 9781841138404 2008 £55 US$110
Pbk 9781841138398 2008 £28.99 US$57.99
Landmark Cases in Family Law, Gilmore, Herring,
Probert
Hbk 9781849461016 2011 £70 US$140
Legal Concepts of Childhood, Fionda
Hbk 9781841131504 2001 £54 US$108
90
Legal Recognition of Same-Sex Partnerships,
Wintemute, Andenas
Pbk 9781841131382 2001 £78 US$156
The First Women Lawyers, Mossman
Pbk 9781841135908 2006 £34 US$68
The Legal Tender of Gender, Gavigan, Chunn
Hbk 9781841133140 2010 £53 US$106
Pbk 9781841133157 2010 £27.99 US$55.99
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Community and Collective Rights, Newman
Hbk 9781841132280 2011 £58 US$116
Confronting Homophobia in Europe, Trappolin,
Gasparini, Wintemute
Pbk 9781849462754 2011 £11.99 US$21
Corporations and Transnational Human Rights
Litigation, Joseph
Hbk 9781841134574 2004 £41 US$82
Hart Publishing • Backlist
Corruption and Human Rights Law in Africa,
Olaniyan
Hbk 9781849466370 2014 £50 US$86
Importing the Law in Post-Communist Transitions,
Dupré
Hbk 9781841131313 2003 £56 US$112
Current Problems in the Protection of Human
Rights, Ziegler, Huber
Hbk 9781849461245 2013 £55 US$95
Inspection Copy Available
Indigenous Peoples and the Law, Richardson, Imai,
McNeil
Pbk 9781841137957 2009 £33.99 US$67.99
Inspection Copy Available
Debating Social Rights, Gearty, Mantouvalou
Pbk 9781849460231 2010 £17.99 US$35.99
Delivering Rights, Jowell, Cooper
Pbk 9781841132877 2003 £28 US$56
Developing Key Privacy Rights, Colvin
Pbk 9781841131689 2002 £26 US$52
Documents of the African Commission on Human
and Peoples’ Rights - Vol 1, 1987-1998, Murray, Evans
Pbk 9781841130927 2001 £101 US$202
Documents of the African Commission on Human
and Peoples’ Rights, Vol II 1999-2007, Murray, Evans
Pbk 9781841130934 2009 £60 US$120
Law in Transition, Buchanan, Zumbansen
Hbk 9781849465922 2014 £60 US$103
Legislating for Human Rights, Cooper, MarshallWilliams
Pbk 9781841130989 2000 £27 US$54
Litigating Rights, Huscroft, Rishworth
Hbk 9781841131948 2002 £54 US$108
Making Human Rights Intelligible, Madsen,
Verschraegen
Hbk 9781849463959 2013 £60 US$103
Making Rights Real, Leigh, Masterman
Hbk 9781841133539 2008 £50 US$100
European Convention on Human Rights,
Grabenwarter
Hbk 9781849461917 2014 £205 US$352
Making Sovereign Financing and Human Rights
Work, Bohoslavsky, Cernic
Hbk 9781849464383 2014 £75 US$129
Exploring Social Rights, Barak-Erez, Gross
Hbk 9781841136134 2007 £57 US$114
Pbk 9781849462556 2011 £29.99 US$59.99
Monetary Remedies for Breach of Human Rights,
Tortell
Hbk 9781841135113 2006 £61 US$122
Forced Migration, Human Rights and Security,
McAdam
Hbk 9781841137704 2008 £45 US$90
Monitoring Fundamental Rights in the EU, Alston,
De Schutter
Hbk 9781841135342 2005 £57 US$114
Freedom of Artistic Expression, Kearns
Hbk 9781841130804 2013 £50 US$86
NGOs and the Struggle for Human Rights in
Europe, Hodson
Hbk 9781841139616 2011 £45 US$90
Health and Human Rights, Murphy
Hbk 9781841138046 2013 £45 US$77
Human Rights and Private Law, Ziegler
Hbk 9781841137148 2007 £45 US$90
Human Rights and Public Finance, Nolan, O’Connell,
Harvey
Hbk 9781841130118 2013 £55 US$95
Human Rights and Religion - The Islamic Headscarf
Debate in Europe, McGoldrick
Pbk 9781841136523 2006 £26 US$52
Human Rights and Scots Law, Boyle, Himsworth,
MacQueen, Loux
Hbk 9781841130446 2002 £70 US$140
Human Rights Brought Home, Halliday, Schmidt
Hbk 9781841133881 2004 £47 US$94
Inspection Copy Available
Human Rights in Northern Ireland, Dickson, Gormally
Pbk 9781849466158 2015 £22.50 US$39
Human Rights in the Community, Harvey
Pbk 9781841134468 2005 £40 US$80
Inspection Copy Available
Human Rights Law, 2nd Edn, Amos
Pbk 9781849463805 2014 £35 US$60
Human Rights, Constitutional Law and the
Development of the English Legal System, Irvine
Hbk 9781841134116 2003 £40 US$80
Human Rights, Culture and the Rule of Law,
Almqvist
Hbk 9781841135069 2005 £60 US$120
Human Rights, Equality and Democratic Renewal in
Northern Ireland, Harvey
Hbk 9781841131191 2001 £48 US$96
Parliaments and Human Rights, Hunt, Hooper, Yowell
Hbk 9781849465618 2015 £70 US$120
Property and The Human Rights Act 1998, Allen
Hbk 9781841132037 2005 £61 US$122
Protecting Vulnerable Groups, Ippolito, Sánchez
Hbk 9781849466851 2015 £65 US$112
Race Discrimination, Moon
Pbk 9781841131672 2000 £26 US$52
The Development of Positive Obligations under
the European Convention on Human Rights by the
European Court of Human Rights, Mowbray
Hbk 9781841132617 2004 £47 US$94
The Future of Human Rights in the United
Kingdom, Singh
Pbk 9781901362206 1997 £40 US$80
The Human Right to Water, Winkler
Hbk 9781849462839 2012 £58 US$100
Pbk 9781849466622 2014 £30 US$52
The Human Rights Act and the Criminal Justice and
Regulatory Process, Beatson
Pbk 9781841130507 1999 £54 US$108
The Human Rights Impact of the World Trade
Organisation, Harrison
Hbk 9781841136936 2007 £63 US$126
The Impact of EU Law on Minority Rights, Ahmed
Hbk 9781841138725 2011 £53 US$106
The Proposed Nordic Saami Convention, Bankes,
Koivurova
Hbk 9781849462723 2013 £57.99 US$100
The Right to Housing, Hohmann
Hbk 9781849461535 2013 £53 US$91
Pbk 9781849466578 2014 £25 US$43
The Role of National Human Rights Institutions at
the International and Regional Levels, Murray
Hbk 9781841133942 2007 £44 US$88
The Tension Between Group Rights and Human
Rights, De Feyter, Pavlakos
Hbk 9781841138299 2008 £58 US$116
The UK and European Human Rights, Ziegler, Wicks,
Hodson
Hbk 9781849467957 2015 £70 US$120
Tort Liability for Human Rights Abuses, Fletcher
Pbk 9781841137940 2008 £28.99 US$57.99
Torture as Tort, Scott
Hbk 9781841130606 2001 £117 US$234
Transitional Justice from Below, McEvoy, McGregor
Pbk 9781841138213 2008 £37.99 US$75.99
Reasoning Rights, Lazarus, McCrudden, Bowles
Hbk 9781849462525 2014 £65 US$112
Transnational Corporations and Human Rights, De
Schutter
Hbk 9781841136530 2006 £80 US$160
Reflections on the UN Declaration on the Rights of
Indigenous Peoples, Allen, Xanthaki
Pbk 9781841138787 2011 £50 US$100
Understanding Human Rights Principles, Jowell,
Cooper
Pbk 9781841131696 2001 £29 US$58
Rights and Courts in Pursuit of Social Change,
Anagnostou
Hbk 9781849463904 2014 £50 US$86
Using Human Rights Law in English Courts, Hunt
Pbk 9781901362725 1997 £56 US$112
Rights in Divided Societies, Harvey, Schwartz
Hbk 9781849461009 2012 £50 US$86
Immigration, Asylum,
Refugee and Nationality
Law
Security and Human Rights, Goold, Lazarus
Pbk 9781841136080 2007 £38 US$76
Statelessness, Conklin
Pbk 9781849469692 2015 £24.99 US$43
Terrorism and the Limitation of Rights, Sottiaux
Hbk 9781841137636 2008 £65 US$130
EU Asylum Procedures and the Right to an Effective
Remedy, Reneman
Hbk 9781849465458 2014 £60 US$103
The African Commission on Human and Peoples’
Rights and International Law, Murray
Hbk 9781841131221 2000 £79 US$158
Justice and Authority in Immigration Law, Grey
Hbk 9781849465991 2015 £35 US$60
The Age of Dignity, Dupré
Hbk 9781849461030 2015 £45 US$77
The Law and Practice of Expulsion and Exclusion
from the United Kingdom, Fripp
Hbk 9781849465892 2015 £70 US$120
The Reception of Asylum Seekers under
International Law, Slingenberg
Hbk 9781849464826 2014 £60 US$103
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Hart Publishing • Backlist
Insurance Law
Inspection Copy Available
Insurance Law, 3rd Edn, Lowry, Rawlings, Merkin
Pbk 9781849462013 2011 £36.99 US$73.99
Inspection Copy Available
Insurance Law: Cases and Materials, Lowry, Rawlings
Pbk 9781841132747 2004 £40 US$80
Liability Insurance in International Arbitration, 2nd
Edn, Jacobs QC, Masters, Stanley QC
Hbk 9781841138756 2011 £120 US$206
International and
Comparative Criminal
Law
Counsel Misconduct before the International
Criminal Court, Gut
Hbk 9781849463171 2012 £85 US$146
Essays on International Criminal Justice, Olásolo
Hbk 9781841130521 2012 £60 US$103
EU Criminal Law, Mitsilegas
Pbk 9781841135854 2009 £42 US$84
French Criminal Justice, Hodgson
Pbk 9781841134291 2005 £38 US$76
Genocide and Crimes Against Humanity, Fournet
Hbk 9781849463348 2013 £40 US$69
Globalisation, Criminal Law and Criminal Justice,
Mitsilegas, Alldridge, Cheliotis
Hbk 9781849464741 2015 £65 US$112
Hybrid and Internationalised Criminal Tribunals,
Williams
Hbk 9781841136721 2012 £85 US$146
International and European Criminal Law, Satzger
Pbk 9781849460804 2012 £100 US$172
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International Criminal Law, 4th Edn, Bantekas
Pbk 9781849460453 2010 £37.99 US$75.99
OLAF at the Crossroads, Stefanou, White, Xanthaki
Hbk 9781841137919 2011 £50 US$100
Perpetrators and Accessories in International
Criminal Law, Jain
Hbk 9781849464550 2014 £60 US$103
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Principles of German Criminal Law, Bohlander
Pbk 9781841136301 2008 £37.99 US$75.99
Sentencing in International Criminal Law, D’ascoli
Hbk 9781849461160 2011 £75 US$150
The Concept of Mens Rea in International Criminal
Law, Badar
Hbk 9781841137605 2013 £95 US$163
Pbk 9781849469142 2015 £40 US$69
The Constitutional Dimension of European Criminal
Law, Herlin-Karnell
Hbk 9781849461764 2012 £58 US$100
The Criminal Responsibility of Senior Political
and Military Leaders as Principals to International
Crimes, Olasolo
Hbk 9781841136950 2009 £63 US$126
Pbk 9781849460903 2010 £29.99 US$58
92
The Defendant in International Criminal
Proceedings, Elberling
Hbk 9781849462662 2012 £75 US$129
The Emergence of EU Criminal Law, Summers,
Schwarzenegger, Ege, Young
Hbk 9781841137278 2014 £45 US$77
The German Criminal Code, Bohlander
Pbk 9781841138312 2008 £37.99 US$75.99
The Illicit Trade in Art and Antiquities, Ulph, Smith
Hbk 9781841139647 2012 £90 US$154
The Law and Practice of Piracy at Sea, Koutrakos,
Skordas
Pbk 9781849469685 2015 £23.99 US$41
Conformity of Goods and Documents, Saidov
Hbk 9781849461559 2015 £75 US$128
Constitutionalism, Multilevel Trade Governance
and International Economic Law, Joerges,
Petersmann
Pbk 9781849461658 2011 £39.99 US$79.99
Constitutionalism, Multilevel Trade Governance
and Social Regulation, Joerges, Petersmann
Hbk 9781841136653 2006 £99 US$198
Contractual Certainty in International Trade,
Gessner
Hbk 9781841138442 2008 £55 US$110
Pbk 9781841138435 2008 £28.99 US$57.99
The Politics of International Criminal Justice, Steinke
Hbk 9781849463133 2012 £35 US$60
Developing Countries and the Multilateral Trade
Regime, Alessandrini
Hbk 9781849460309 2010 £55 US$110
Toward a Prosecutor for the European Union Vol
1, Ligeti
Hbk 9781849463140 2012 £110 US$189
Domestic Structures and International Trade,
Molyneux
Hbk 9781841131320 2001 £79 US$158
Transnational Organised Crime in International
Law, Obokata
Hbk 9781841136905 2010 £60 US$120
Ecological Sensitivity and Global Legal Pluralism,
Perez
Hbk 9781841133485 2004 £60 US$120
International Investment
Law
Inspection Copy Available
Basic Documents on International Investment
Protection, Paparinskis
Pbk 9781849461368 2012 £58 US$100
Contracting with Sovereignty, Alvik
Hbk 9781841136578 2011 £65 US$130
EU and Investment Agreements, Bungenberg,
Reinisch, Tietje
Pbk 9781849465311 2013 £69.99 US$139.99
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International Investment Law, 2nd Edn, Subedi
Pbk 9781849462457 2012 £39.99 US$69
International Investment Law, Bungenberg, Griebel,
Hobe, Reinisch
Hbk 9781849463638 2015 £300 US$516
State Liability in Investment Treaty Arbitration,
Montt
Hbk 9781841138565 2009 £80 US$160
Pbk 9781849462136 2012 £28.99 US$50
The Legal Framework of EU-China Investment
Relations, Shan
Hbk 9781841133911 2005 £106 US$212
The Legal Protection of Foreign Investment, Shan
Hbk 9781841138848 2012 £130 US$224
The Right to Regulate in International Investment
Law, Titi
Hbk 9781849466110 2014 £105 US$112
International Trade Law
Balancing Human Rights, Environmental Protection
and International Trade, Reid
Hbk 9781841138268 2015 £45 US$77
Basic Legal Instruments for the Liberalisation of
Trade, Ortino
Hbk 9781841134253 2004 £92 US$184
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Fighting Corruption in Public Procurement,
Williams-Elegbe
Hbk 9781849460200 2012 £90 US$155
Free Trade and Cultural Diversity in International
Law, Shi
Hbk 9781849464253 2013 £55 US$95
Global Order Beyond Law, Dietz
Hbk 9781849465403 2014 £50 US$86
Globalisation and Labour Rights, Kaufmann
Hbk 9781841135991 2007 £63 US$126
Good Faith in the Jurisprudence of the WTO,
Panizzon
Hbk 9781841136202 2006 £79 US$158
Harmonising Regional Trade Law in the Southern
African Development Community (SADC), Shumba
Hbk 9781509900251 2015 £65 US$112
International Economic Law, Picker, Bunn, Arner
Pbk 9781841137551 2008 £45 US$90
International Economic Law in the 21st Century,
Petersmann
Pbk 9781849460637 2012 £55 US$95
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International Sales Law, 2nd Edn, Schwenzer,
Fountoulakis, Dimsey
Pbk 9781849463027 2012 £38.99 US$67
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International Trade and Economic Law and the
European Union, Dillon
Pbk 9781841131139 2002 £40 US$80
International Trade Regulation in China, Zhang
Hbk 9781841133935 2006 £107 US$214
National Treatment and WTO Dispute Settlement,
Verhoosel
Hbk 9781841132990 2002 £74 US$148
Redefining Sovereignty in International Economic
Law, Shan, Simons, Singh
Hbk 9781841137018 2008 £75 US$150
Regional and Global Regulation of International
Trade, Snyder
Hbk 9781841132181 2002 £71 US$142
The EU, the WTO and China, Snyder
Hbk 9781841137049 2010 £90 US$180
Hart Publishing • Backlist
The Law of MERCOSUR, Filho, Lixinski, Giupponi
Hbk 9781841139432 2010 £140 US$280
The Power to Protect, Button
Hbk 9781841134826 2004 £67 US$134
The Right to Development and International
Economic Law, Bunn
Hbk 9781841136004 2012 £68 US$117
The WTO, the Internet and Trade in Digital
Products, Wunsch-Vincent
Hbk 9781841135731 2006 £73 US$146
Tied Aid and Development Aid Procurement in the
Framework of EU and WTO Law, La Chimia
Hbk 9781849461153 2013 £90 US$155
Trade in the Service of Sustainable Development,
De Schutter
Hbk 9781782257158 2015 £45 US$77
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World Trade Law, 2nd Edn, Lester, Mercurio, Davies
Pbk 9781849462228 2012 £37.99 US$65
Labour & Discrimination
Law
A History of British Labour Law, Brodie
Hbk 9781841130156 2003 £53 US$106
Age as an Equality Issue, Fredman, Spencer
Hbk 9781841134055 2003 £50 US$100
Boundaries and Frontiers of Labour Law, Davidov,
Langille
Hbk 9781841135953 2006 £61 US$122
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Cases, Materials and Text on National,
Supranational and International NonDiscrimination Law, Schiek, Waddington, Bell
Pbk 9781841137483 2007 £50 US$100
Human Rights at Work, Fenwick, Novitz
Hbk 9781841139999 2010 £90 US$180
Pbk 9781841139982 2010 £42.99 US$85.99
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Labour Law, 6th Edn, Deakin, Morris
Pbk 9781849463416 2012 £41.99 US$72
Labour Law and Worker Protection in Developing
Countries, Teklè
Pbk 9781841138879 2010 £60 US$120
The Right to Work, Mantouvalou
Hbk 9781849465106 2015 £60 US$103
The Transformation of Labour Law in Europe,
Hepple, Veneziani
Pbk 9781841138701 2009 £63 US$126
Towards the Single Employment Contract, Casale,
Perulli
Pbk 9781849465816 2013 £22.99 US$40
Labour Law in the Courts, Sciarra
Hbk 9781841130248 2001 £67 US$134
Law and Humanities
Labour Laws and Global Trade, Hepple QC
Hbk 9781841131603 2005 £48 US$96
Pbk 9781841131870 2005 £27 US$54
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Film and the Law, 2nd Edn, Greenfield, Osborn,
Robson
Pbk 9781841137254 2010 £36.99 US$73.99
Making Employment Rights Effective, Dickens
Hbk 9781849462563 2012 £45 US$77
New Frontiers in Empirical Labour Law Research,
Ludlow, Blackham
Hbk 9781849466783 2015 £50 US$86
Normative Patterns and Legal Developments in the
Social Dimension of the EU, Numhauser-Henning,
Rönnmar
Hbk 9781849464352 2013 £55 US$95
Precarious Work, Women, and the New Economy,
Fudge, Owens
Pbk 9781841136165 2006 £31 US$62
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Law and Justice on the Small Screen, Robson, Silbey
Pbk 9781849462693 2012 £36.99 US$64
Sex, Crime and Literature in Victorian England,
Ward
Hbk 9781849462945 2014 £30 US$52
Shakespeare and the Law, Raffield, Watt
Pbk 9781841138251 2008 £36.99 US$73.99
Privacy and Employment Law, Craig
Hbk 9781841130590 1999 £72 US$144
Legal Biography and
Humour
Privatising Public Prisons, Ludlow
Hbk 9781849466547 2015 £40 US$69
A New Miscellany-at-Law, Megarry
Hbk 9781841135540 2005 £35 US$70
Regulating Labour in the Wake of Globalisation,
Bercusson, Estlund
Hbk 9781841137667 2008 £64 US$128
As Far as I Remember, Kerr
Pbk 9781841135656 2006 £27 US$54
Religious Freedom, Religious Discrimination and
the Workplace, Vickers
Pbk 9781841136875 2009 £42.99 US$85.99
F.A. Mann, Lewis
Hbk 9781849465632 2013 £25 US$43
I Have to Move my Car, Pannick
Hbk 9781841138169 2008 £16.99 US$33.99
Challenging the Legal Boundaries of Work
Regulation, Fudge, McCrystal, Sankaran
Hbk 9781849462792 2012 £63 US$108
The Autonomy of Labour Law, Bogg, Costello, Davies,
Prassl
Hbk 9781849466219 2015 £60 US$103
Collective Labour Law, Morris, Archer
Hbk 9781841130965 2000 £100 US$172
Pbk 9781841131771 2000 £50 US$86
The Democratic Aspects of Trade Union
Recognition, Bogg
Hbk 9781841137902 2009 £55 US$110
Rose Heilbron, Heilbron
Hbk 9781849464017 2012 £20 US$24
Disability and Equality Law in Britain, Lawson
Pbk 9781841138282 2008 £37.99 US$75.99
The Economic and Financial Crisis and Collective
Labour Law in Europe, Bruun, Lörcher, Schömann
Hbk 9781849466141 2014 £55 US$95
Legal Education & the
Legal Profession
Disability Rights in Europe, Lawson, Gooding
Pbk 9781841134864 2005 £47 US$94
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Discrimination Law, 2nd Edn, McColgan
Pbk 9781841134840 2005 £34 US$68
Discrimination, Equality and the Law, McColgan
Hbk 9781841134413 2014 £40 US$69
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Equality, 2nd Edn, Hepple
Pbk 9781849466394 2014 £25 US$43
Equality: A New Framework, Hepple, Coussey,
Choudhury
Pbk 9781841131597 2000 £31 US$62
EU Employment Law, Kenner
Pbk 9781901362695 2002 £65 US$130
European Labour Law, Thüsing
Pbk 9781849464888 2013 £90 US$155
Fairness at Work, Novitz, Skidmore
Pbk 9781841130835 2001 £36 US$72
The Employment Relationship, Casale
Pbk 9781841134208 2010 £36.99 US$73.99
The European Convention on Human Rights and
the Employment Relation, Dorssemont, Lörcher,
Schömann
Hbk 9781849463386 2013 £63 US$108
The Future of Labour Law, Barnard, Deakin, Morris
Hbk 9781841134048 2004 £60 US$120
The Future of the International Labour
Organization in the Global Economy, Maupain
Hbk 9781849465021 2013 £53 US$91
The Law of the Activating Welfare State, Eichenhofer
Hbk 9781509900244 2015 £35 US$60
The Lisbon Treaty and Social Europe, Bruun, Lörcher,
Schömann
Hbk 9781849462532 2012 £45 US$77
The Making of Labour Law in Europe, Hepple
Pbk 9781841138206 2010 £49.99 US$99.99
Lord Atkin, Lewis
Hbk 9781841130576 1999 £73 US$146
21st Century Solicitor, Weiner
Pbk 9781841133553 2011 £16.99 US$33.99
A Great and Noble Occupation!’, Cownie, Cocks
Hbk 9781841136783 2009 £33 US$66
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Bewigged and Bewildered?, 2nd Edn, Kramer
Pbk 9781849461641 2011 £16.99 US$33.99
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Common Law Legal English and Grammar,
International Edition, Riley, Sours
Pbk 9781849465762 2014 £25 US$43
Conversations, Choices and Chances, Bradney
Hbk 9781841132488 2003 £40 US$80
Ethical Challenges to Legal Education and Conduct,
Economides
Pbk 9781901362114 1997 £46 US$92
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Hart Publishing • Backlist
Final Judgment, Paterson
Hbk 9781849463836 2013 £25.99 US$45
History of the Middle Temple, Havery
Hbk 9781841134215 2011 £50 US$86
From House of Lords to Supreme Court, Lee
Hbk 9781849460811 2011 £59.99 US$119.99
Jurists and Judges, Duxbury
Pbk 9781841132044 2001 £26 US$52
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Getting a PhD in Law, Morris, Murphy
Pbk 9781841133065 2011 £20.99 US$41.99
Larva Legis Aquiliae, Hewett, Zimmermann
Pbk 9781841132235 2000 £50 US$100
Law at Bristol University 1983-2008, Jones
Pbk 9781841139555 2008 £14.99 US$29.99
Law and Opinion in Scotland during the
Seventeenth Century, Ford
Hbk 9781841137896 2007 £106 US$212
Law’s Future(s), Hayton
Hbk 9781841131009 2000 £82 US$164
Law Books in Action, Fernandez, Dubber
Hbk 9781849461412 2012 £60 US$103
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Lawyers’ Ethics and Professional Responsibility,
Boon
Pbk 9781849467841 2015 £30 US$52
Lawyers and Vampires, Pue, Sugarman
Hbk 9781841133126 2003 £78 US$156
Pbk 9781841135199 2004 £36 US$72
Legal Academics, Cownie
Hbk 9781841130613 2004 £47 US$94
Methodologies of Legal Research, Van Hoecke
Hbk 9781849461702 2011 £40 US$80
Pbk 9781849464994 2013 £21.99 US$38
Re-Interpreting Blackstone’s Commentaries, Prest
Hbk 9781849465380 2014 £50 US$86
Shakespeare’s Imaginary Constitution, Raffield
Hbk 9781841139210 2010 £60 US$120
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OSCOLA, 4th Edn, Nolan, Meredith
Pbk 9781849463676 2012 £9 US$15
The Dearest Birth Right of the People of England,
Cairns, McLeod
Hbk 9781841133256 2002 £78 US$156
Reorganization and Resistance, Felstiner
Pbk 9781841132464 2005 £47 US$94
The Law Emprynted and Englysshed, Harvey
Hbk 9781849466684 2015 £70 US$112
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Research Methodologies in EU and International
Law, Cryer, Hervey, Sokhi-Bulley, Bohm
Pbk 9781841132358 2011 £24.99 US$49.99
Legal Philosophy
Serving Two Masters, Griffiths-Baker
Hbk 9781841132297 2002 £54 US$108
Sitting in Judgment, Darbyshire
Hbk 9781849462396 2011 £30 US$60
Stakeholders in the Law School, Cownie
Pbk 9781841137216 2010 £36.99 US$73.99
The Art of Justice, Herz
Hbk 9781849461276 2012 £35 US$47
The Court of Appeal, Drewry, Blom-Cooper, Blake
Hbk 9781841133874 2007 £38 US$76
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The Ethics and Conduct of Lawyers in England and
Wales, 3rd Edn, Boon
Pbk 9781849466691 2014 £35 US$60
The Futures of Legal Education and the Legal
Profession, Sommerlad, Harris-Short, Vaughan, Young
Pbk 9781849466554 2015 £35 US$60
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What About Law?, 2nd Edn, Barnard, O’Sullivan, Virgo
Pbk 9781849460859 2011 £12.99 US$22.95
Women in the World’s Legal Professions, Schultz,
Shaw
Hbk 9781841133195 2003 £86 US$172
Pbk 9781841133201 2003 £40 US$80
Legal History
Blackstone and his Commentaries, Prest
Hbk 9781841137964 2009 £63 US$126
Pbk 9781849466424 2014 £21.99 US$26
Critical Studies in Ancient Law, Comparative Law
and Legal History, Cairns, Robinson
Hbk 9781841131573 2001 £90 US$180
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Magna Carta Uncovered, Arlidge, Judge
Hbk 9781849465564 2014 £25 US$43
Intolerant Religion in a Tolerant-Liberal Democracy,
Nehushtan
Hbk 9781849466059 2015 £45 US$77
Judging Positivism, Martin
Hbk 9781849460996 2014 £45 US$77
Judging the Judges, Judging Ourselves, Dyzenhaus
Hbk 9781901362947 1998 £45 US$90
Pbk 9781841134031 2003 £19 US$38
Jurisprudence or Legal Science, Coyle, Pavlakos
Hbk 9781841135045 2005 £53 US$106
Kelsen Revisited, d’Almeida, Gardner, Green
Hbk 9781849464567 2013 £50 US$86
Law after Modernity, Douglas-Scott
Hbk 9781841130293 2013 £50 US$86
Law and Aesthetics, Gearey
Hbk 9781841132433 2001 £46 US$92
Pbk 9781841130262 2001 £20 US$40
Law and Authority under the Guise of the Good,
Rodriguez-Blanco
Hbk 9781849464499 2014 £45 US$77
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Law and Social Theory, 2nd Edn, Banakar, Travers
Pbk 9781849463812 2013 £26.99 US$46
Law as a Social Institution, Ross
Hbk 9781841132303 2001 £46 US$92
Pbk 9781841132310 2001 £19 US$38
Law as Communication, Van Hoecke
Hbk 9781841133416 2002 £60 US$120
A Sociology of Jurisprudence, Nobles, Schiff
Pbk 9781841135984 2006 £21 US$42
Law in its Own Right, Olsen, Toddington
Hbk 9781841130347 2000 £45 US$90
Pbk 9781841130286 2000 £20 US$40
A Theory of Precedent, Siltala
Hbk 9781841131238 2000 £79 US$158
Law, Rights and Discourse, Pavlakos
Hbk 9781841136769 2007 £57 US$114
After National Democracy, Trägårdh
Hbk 9781841133287 2004 £63 US$126
Pbk 9781841133294 2004 £34 US$68
Law, Virtue and Justice, Amaya, Ho
Hbk 9781849461757 2012 £70 US$120
Arendtian Constitutionalism, Volk
Hbk 9781849465847 2015 £55 US$95
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Law’s Empire, Dworkin
Pbk 9781841130415 1998 £20 US$40
Consent in the Law, Beyleveld, Brownsword
Hbk 9781841136790 2007 £57 US$114
Law’s Meaning of Life, Naffine
Pbk 9781841138664 2009 £32.99 US$65.99
Constitutional Limits and the Public Sphere, BenDor
Hbk 9781841131115 2000 £70 US$140
Legal Norms and Normativity, Delacroix
Hbk 9781841134550 2006 £42 US$84
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Critical Jurisprudence, Douzinas, Gearey
Pbk 9781841134529 2005 £29 US$58
Evaluation and Legal Theory, Dickson
Hbk 9781841131849 2001 £46 US$92
Pbk 9781841130811 2001 £24 US$48
Faith in Law, Oliver, Douglas-Scott, Tadros
Hbk 9781901362954 2000 £54 US$108
Forms Liberate, Rundle
Hbk 9781849461047 2012 £50 US$86
Pbk 9781849464963 2013 £23.99 US$41
From Promise to Contract, Kimel
Hbk 9781841132129 2003 £47 US$94
Pbk 9781841134949 2005 £20 US$40
Legisprudence, Wintgens
Hbk 9781841133423 2002 £77 US$154
Lethe’s Law, Christodoulidis, Veitch
Hbk 9781841131092 2001 £57 US$114
Living Law, Hertogh
Hbk 9781841138978 2008 £55 US$110
Pbk 9781841138985 2008 £28.99 US$57.99
Making the Law Explicit, Klatt
Hbk 9781841134918 2008 £55 US$110
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Modern Jurisprudence, Coyle
Pbk 9781849460248 2014 £16.99 US$29
Moral Conflict and Legal Reasoning, Veitch
Hbk 9781841131085 1999 £59 US$118
Hannah Arendt and the Law, Goldoni, McCorkindale
Hbk 9781849461436 2012 £65 US$112
Pbk 9781849464970 2013 £23.99 US$41
New Essays on the Normativity of Law, Bertea,
Pavlakos
Hbk 9781849462389 2011 £65 US$130
Interpretation and Legal Theory, Marmor
Pbk 9781841134246 2005 £40 US$80
Objectivity in Law and Legal Reasoning, Husa, Van
Hoecke
Hbk 9781849464413 2013 £55 US$95
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Hart Publishing • Backlist
Observing Law through Systems Theory, Nobles,
Schiff
Pbk 9781849462181 2012 £45 US$77
On Law and Legal Reasoning, Atria
Hbk 9781841132754 2002 £60 US$120
Our Knowledge of the Law, Pavlakos
Hbk 9781841135038 2007 £57 US$114
Theorising the Global Legal Order, Halpin, Roeben
Pbk 9781841132495 2009 £43.99 US$87.99
Unspeakable Subjects, Lacey
Hbk 9781901362336 1998 £79 US$158
Pbk 9781901362343 1998 £36 US$72
Poverty and the Law, Robson, Kjønstad
Hbk 9781841131900 2001 £71 US$142
Pbk 9781841131917 2001 £36 US$72
Litigation & Civil
Procedure
Reading HLA Hart’s ‘The Concept of Law’, d’Almeida,
Edwards, Dolcetti
Pbk 9781849463249 2013 £20.99 US$36
Consumer ADR in Europe, Hodges, Benöhr,
Creutzfeldt-Banda
Hbk 9781849463485 2012 £75 US$129
Reasoning with Law, Halpin
Hbk 9781841130705 2001 £63 US$126
Pbk 9781841132440 2001 £33 US$66
Expert Privilege’ in Civil Evidence, England
Hbk 9781841133034 2010 £60 US$104
Recrafting the Rule of Law, Dyzenhaus
Hbk 9781901362312 1999 £82 US$164
Relating to Responsibility, Cane, Gardner
Hbk 9781841132105 2001 £72 US$144
Legal Professional Privilege, Auburn
Hbk 9781841131016 2000 £64 US$128
Regulating Dispute Resolution, Steffek, Unberath
Hbk 9781849462587 2013 £64.99 US$112
Relocating the Rule of Law, Palombella, Walker
Hbk 9781841135977 2008 £55 US$110
The Class Action in Common Law Legal Systems,
Mulheron
Hbk 9781841134369 2004 £94 US$188
Responsibility and Fault, Honoré
Hbk 9781841130057 1999 £47 US$94
Pbk 9781841133997 2002 £20 US$40
The Costs and Funding of Civil Litigation, Hodges,
Vogenauer, Tulibacka
Hbk 9781849461023 2010 £90 US$180
Responsibility in Law and Morality, Cane
Hbk 9781841133218 2002 £44 US$88
Pbk 9781841134000 2003 £27 US$54
The Reform of Class and Representative Actions in
European Legal Systems, Hodges
Hbk 9781841139029 2008 £50 US$86
Rights and Law, Analysis and Theory, Halpin
Hbk 9781901362145 1997 £88 US$176
Pbk 9781901362152 1997 £36 US$72
Media Law
Risks and Legal Theory, Steele
Hbk 9781841130897 2004 £40 US$80
Pbk 9781841130903 2004 £18 US$36
Rules and Reasoning, Meyer
Hbk 9781901362985 1998 £71 US$142
Shared Authority, Kyritsis
Hbk 9781849463898 2015 £50 US$86
The Continuity of Legal Systems in Theory and
Practice, Spagnolo
Hbk 9781849468831 2015 £58 US$100
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The End of Human Rights, Douzinas
Pbk 9781841130002 2000 £27 US$54
The Hart-Fuller Debate in the Twenty-First Century,
Cane
Hbk 9781841138947 2010 £60 US$120
The Logic of Autonomy, Sieckmann
Hbk 9781849463461 2012 £60 US$103
The Morality of Conflict, Besson
Hbk 9781841134925 2005 £94 US$188
The Normative Claim of Law, Bertea
Hbk 9781841139678 2009 £68 US$136
The Policy of Law, Zamboni
Hbk 9781841137230 2007 £57 US$114
The Principles of Social Order, Winston
Pbk 9781841132341 2002 £40 US$80
The Tapestry of Reason, Amaya
Hbk 9781849460705 2015 £75 US$129
A Virtue Less Cloistered, Cram
Hbk 9781841130385 2002 £54 US$108
Broadcasting Pluralism and Diversity, Hitchens
Hbk 9781841132143 2006 £61 US$122
Privacy Injunctions and the Media, Goldrein QC
Hbk 9781849462846 2012 £150 US$258
The Making of the Modern Law of Defamation,
Mitchell
Hbk 9781841133041 2005 £60 US$120
Medical Law & Ethics
Birth Rites and Rights, Ebtehaj, Herring, Johnson,
Richards
Pbk 9781849461887 2011 £48 US$96
Body Lore and Laws, Bainham, Day Sclater, Richards
Hbk 9781841131962 2002 £67 US$134
Pbk 9781841131979 2002 £34 US$68
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Caring and the Law, Herring
Pbk 9781849461061 2013 £30.99 US$53
Choosing Between Possible Lives, Scott
Hbk 9781841137186 2007 £63 US$126
Choosing Life, Choosing Death, Foster
Pbk 9781841139296 2009 £28.99 US$57.99
Death Rites and Rights, Brooks-Gordon, Ebtehaj,
Herring, Johnson, Richards
Pbk 9781841137322 2007 £45 US$90
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Debating Euthanasia, Jackson, Keown
Pbk 9781849461788 2011 £16.99 US$29
Ethical and Legal Requirements of Transnational
Genetic Research, Forgó, Kollek, Arning, Kruegel,
Petersen
Hbk 9781849461283 2010 £65 US$130
Euthanasia and Law in Europe, Griffiths, Weyers,
Adams
Hbk 9781841137001 2008 £75 US$150
Euthanasia, Death with Dignity and the Law, Biggs
Hbk 9781841130910 2001 £48 US$96
Freedom and Responsibility in Reproductive
Choice, Spencer, du Bois-Pedain
Pbk 9781841135823 2006 £31 US$62
Governing Biobanks, Kaye, Gibbons, Heeney, Parker,
Smart
Pbk 9781841139050 2012 £55 US$95
Human Dignity in Bioethics and Law, Foster
Pbk 9781849461771 2011 £34.99 US$69.99
Human Rights and Healthcare, Wicks
Pbk 9781841135809 2007 £36 US$72
Landmark Cases in Medical Law, Herring, Wall
Hbk 9781849465649 2015 £70 US$120
Law and Human Genetics, Brownsword, Cornish,
Llewelyn
Pbk 9781841130064 1998 £33 US$66
Law and the Human Body, Hardcastle
Hbk 9781841136011 2007 £50 US$100
Pbk 9781841139777 2009 £32.99 US$65.99
Law and the Regulation of Medicines, Jackson
Pbk 9781849461795 2012 £33.99 US$58
Law Without Enforcement, Eastman, Peay
Pbk 9781901362756 1999 £38 US$76
Law, Policy and Reproductive Autonomy, Nelson
Hbk 9781841138671 2013 £65 US$112
Lawyers’ Medicine, Goold, Kelly
Pbk 9781841138497 2009 £37.99 US$75.99
Legal Responses to HIV and AIDS, Chalmers
Pbk 9781841137261 2008 £39.99 US$68.95
Medical Ethics and Medical Law, Miola
Pbk 9781841135083 2007 £32 US$64
Persons, Parts and Property, Goold, Greasley, Herring,
Skene
Hbk 9781849465465 2014 £65 US$112
Regulating Autonomy, Day Sclater, Ebtehaj, Jackson,
Richards
Pbk 9781841139463 2009 £42.99 US$85.99
Regulating Reproduction, Jackson
Hbk 9781841130545 2001 £28 US$56
Rethinking Rights-Based Mental Health Laws,
McSherry, Weller
Pbk 9781849460835 2010 £36.99 US$73.99
Rights, Duties and the Body, Scott
Hbk 9781841131344 2002 £89 US$178
The Law and Ethics of Dementia, Foster, Herring,
Doron
Hbk 9781849464178 2014 £65 US$112
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Hart Publishing • Backlist
Private International
Law
Australian Private International Law for the 21st
Century, Dickinson, Keyes, John
Hbk 9781849466257 2014 £50 US$86
Inspection Copy Available
Cases and Materials on EU Private International
Law, Bariatti
Pbk 9781849460279 2011 £45 US$90
The Brussels 1 Regulation 44/2001, Hess, Pfeiffer,
Schlosser
Hbk 9781841139012 2008 £105 US$180
The Governing Law of Companies in EU Law, BorgBarthet
Hbk 9781849462969 2012 £58 US$100
The Hague Child Abduction Convention, Schuz
Hbk 9781849460170 2013 £73 US$126
Vol 4, Cooke
Hbk 9781841136288
Vol 5, Dixon
Hbk 9781841139609
Vol 6, Bright
Hbk 9781849461856
Vol 7, Hopkins
Hbk 9781849463218
Vol 8, Barr
Hbk 9781849466226
2007 £69 US$138
2009 £95 US$190
2011 £90 US$180
2013 £80 US$138
2015 £80 US$138
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Personal Property Law, Worthington
Hbk 9781901362435 2000 £45 US$90
Child Abduction within the European Union,
Trimmings
Hbk 9781849463973 2013 £58 US$100
The Recovery of Maintenance in the EU and
Worldwide, Beaumont, Hess, Walker, Spancken
Hbk 9781849465731 2014 £80 US$138
Electronic Consumer Contracts in the Conflict of
Laws, 2nd Edn, Tang
Hbk 9781849466912 2015 £65 US$112
The Uniform Interpretation of the Brussels and
Lugano Conventions, Newton
Hbk 9781841133232 2002 £120 US$240
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European Private International Law, Van Calster
Pbk 9781849462419 2013 £31.99 US$55
Property Law
Proprietary Remedies in Context, Rotherham
Hbk 9781841131658 2002 £72 US$144
Inspection Copy Available
A New Land Law, 2nd Edn, Sparkes
Pbk 9781841133805 2003 £39 US$78
The Law of Compulsory Purchase and
Compensation, Barnes
Hbk 9781849464482 2014 £100 US$172
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A New Landlord and Tenant, Sparkes
Hbk 9781841130224 2001 £121 US$242
Pbk 9781841130231 2001 £50 US$100
The New Law of Land Registration, Cooke
Pbk 9781841133508 2003 £38 US$76
Foreign Currency Claims in the Conflict of Laws,
Black
Hbk 9781841138923 2010 £49.99 US$99.99
Forum Shopping in the European Judicial Area, de
Vareilles-Sommières
Hbk 9781841137834 2007 £63 US$126
Insurance in Private International Law, Seatzu
Hbk 9781841133355 2003 £74 US$148
Intellectual Property and Private International Law,
Kono
Hbk 9781849462310 2012 £200 US$344
International Antitrust Litigation, Basedow, Francq,
Idot
Hbk 9781849460392 2012 £110 US$189
International Child Abduction, Kruger
Hbk 9781849461566 2011 £60 US$120
International Commercial Disputes, 4th Edn, Hill,
Chong
Pbk 9781841138510 2010 £70 US$120
International Surrogacy Arrangements, Trimmings,
Beaumont
Hbk 9781849462808 2013 £65 US$112
Interregional Recognition and Enforcement of Civil
and Commercial Judgments, Huang
Hbk 9781849464345 2014 £65 US$112
Aboriginal Customary Law: A Source of Common
Law Title to Land, Secher
Hbk 9781849465533 2014 £90 US$155
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An Introduction to Land Law, 4th Edn, Gardner,
MacKenzie
Pbk 9781849465755 2015 £21.99 US$38
Inspection Copy Available
Cases, Materials and Text on Property Law, van Erp,
Akkermans
Pbk 9781841137506 2012 £44.99 US$77
Conceptualising Home, Fox O’Mahony
Hbk 9781841135793 2006 £88 US$176
Consequences of Impaired Consent Transfers,
Häcker
Hbk 9781849465656 2013 £53 US$91
European Land Law, Sparkes
Hbk 9781841137582 2007 £69 US$138
Judicial Remedies in the Conflict of Laws, Elias
Hbk 9781901362213 2001 £69 US$138
Home Equity and Ageing Owners, Fox O’Mahony
Hbk 9781849460071 2012 £75 US$129
Jurisdiction and Judgments in Relation to EU
Competition Law Claims, Danov
Hbk 9781841136592 2010 £70 US$120
Landlord and Tenant Law, Bright
Hbk 9781841135939 2006 £79 US$158
Maintenance and Child Support in Private
International Law, Walker
Hbk 9781849467179 2015 £60 US$103
Mediating International Child Abduction Cases,
Vigers
Hbk 9781849461818 2011 £55 US$110
Restitution in Private International Law,
Panagopoulos
Hbk 9781841131429 2000 £79 US$158
Rough Consensus and Running Code, Calliess,
Zumbansen
Hbk 9781841139746 2010 £60 US$120
Pbk 9781849463546 2012 £26.99 US$46
96
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Statutes on the Conflict of Laws, George, Dickinson
Pbk 9781849463430 2015 £19.99 US$34
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Landlord and Tenant Law in Context, Bright
Pbk 9781841137223 2007 £41 US$82
Landmark Cases in Land Law, Gravells
Hbk 9781849462570 2013 £60 US$103
Landmark Cases in Property Law, Douglas, Hickey,
Waring
Hbk 9781849466080 2015 £70 US$120
Modern Studies in Property Law
Vol 1, Cooke
Hbk 9781841131252 2001 £74 US$148
Vol 2, Cooke
Hbk 9781841131733 2003 £90 US$180
Vol 3, Cooke
Hbk 9781841135588 2005 £82 US$164
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Property and Protection, Meisel, Cook
Hbk 9781841130637 2000 £82 US$164
Property and the Law of Finders, Hickey
Hbk 9781841135755 2010 £50 US$100
Property in the Margins, Van Der Walt
Pbk 9781841139630 2009 £43.99 US$87.99
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The Principles of Personal Property Law, Sheehan
Pbk 9781841133164 2011 £38.99 US$77.99
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The Structure of Property Law, McFarlane
Pbk 9781841135595 2008 £35.99 US$71.99
Public International Law
A History of the Laws of War, Gillespie
Vol 1
Hbk 9781849462044 2011 £53 US$106
Vol 2
Hbk 9781849462051 2011 £53 US$106
Vol 3
Hbk 9781849462068 2011 £53 US$106
Africa, Levitt
Hbk 9781841136189 2008 £63 US$126
Pbk 9781849461177 2010 £29.99 US$59.99
An Equitable Framework for Humanitarian
Intervention, Burke
Hbk 9781849464048 2013 £63 US$108
An International Relations Debacle, Palley
Hbk 9781841135786 2005 £34 US$68
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An Introduction to the International Law of Armed
Conflicts, Kolb, Hyde
Pbk 9781841137995 2008 £36.99 US$73.99
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An Introduction to the Law of the United Nations,
Kolb
Pbk 9781841139371 2010 £29.99 US$59.99
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Antarctica in International Law, Saul, Stephens
Pbk 9781849467315 2015 £50 US$73
Asserting Jurisdiction, Capps, Evans, Konstadinidis
Hbk 9781841133058 2003 £71 US$142
Hart Publishing • Backlist
Between Light and Shadow, Darrow
Hbk 9781841133904 2003 £63 US$126
Pbk 9781841135670 2006 £35 US$70
Global Governance and the Quest for Justice - Vol
I, Lewis
Pbk 9781841134086 2006 £32 US$64
Multilevel Regulation of Military and Security
Contractors, Bakker, Sossai
Hbk 9781849462488 2012 £75 US$129
Biotechnology and International Law, Francioni,
Scovazzi
Hbk 9781841136318 2006 £79 US$158
Global Governance and the Quest for Justice - Vol
II, MacLeod
Pbk 9781841134062 2006 £32 US$64
Multi-Sourced Equivalent Norms in International
Law, Broude, Shany
Hbk 9781849461450 2011 £70 US$140
British Overseas Territories Law, Hendry, Dickson
Hbk 9781849460194 2011 £80 US$138
Global Governance and the Quest for Justice - Vol
III, Odell, Willett
Pbk 9781841134079 2008 £29.99 US$59.99
Non-State Actors in International Law, Noortmann,
Reinisch, Ryngaert
Hbk 9781849465113 2015 £95 US$163
Global Governance and the Quest for Justice - Vol
IV, Brownsword
Pbk 9781841134093 2005 £31 US$62
Ordering Pluralism, Delmas-Marty
Pbk 9781841139906 2009 £32.99 US$65.99
Captured in War, Debuf
Pbk 9781849465304 2013 £100 US$172
Convention on the Prevention and Punishment of
the Crime of Genocide, Tams, Berster, Schiffbauer
Hbk 9781849461986 2014 £160 US$276
Counterterrorism: Democracy’s Challenge, Bianchi,
Keller
Hbk 9781841138183 2008 £70 US$140
Critical Legal Perspectives on Global Governance,
de Búrca, Kilpatrick, Scott
Hbk 9781849464192 2013 £60 US$103
Pbk 9781849469678 2015 £22.50 US$39
Decisions of the Arbitration Panel for In Rem
Restitution, Aicher, Kussbach, Reinisch
Vol 1
Hbk 9781841138770 2008 £100 US$200
Vol 2
Hbk 9781849460002 2009 £90 US$180
Vol 3
Hbk 9781849461115 2010 £80 US$160
Vol 4
Hbk 9781849461719 2011 £85 US$170
Vol 5
Hbk 9781849463522 2012 £85 US$146
Vol 6
Hbk 9781849464789 2014 £75 US$129
Democratic Statehood in International Law, Vidmar
Hbk 9781849464697 2013 £70 US$120
Domestic Violence and International Law,
Meyersfeld
Hbk 9781841139111 2010 £55 US$110
Pbk 9781849463577 2012 £25.99 US$45
Enforcing International Law Norms Against
Terrorism, Bianchi
Hbk 9781841134307 2004 £88 US$176
Pbk 9781841135663 2005 £40 US$80
Europe and Extraterritorial Asylum, Den Heijer
Hbk 9781849462709 2012 £65 US$112
Feminist Perspectives on Contemporary
International Law, Kouvo, Pearson
Hbk 9781841134284 2011 £40 US$80
Pbk 9781849466585 2014 £22.50 US$39
Fighting Monsters, Brown
Hbk 9781849460934 2011 £40 US$80
Finnish Yearbook of International Law, Klabbers
Vol 19, 2008
Hbk 9781849460415 2010 £170 US$340
Vol 20, 2009
Hbk 9781849460712 2011 £149.99 US$299.99
Vol 21, 2010
Hbk 9781849462259 2012 £160 US$275
Vol 22, 2011
Hbk 9781849463492 2013 £140 US$241
Five Masters of International Law, Cassese
Pbk 9781849461207 2011 £34.99 US$69.99
From ‘9-11’ to the ‘Iraq War 2003’, McGoldrick
Pbk 9781841134963 2004 £25 US$50
Human Dignity and the Foundations of
International Law, Capps
Hbk 9781841133577 2009 £50 US$100
Pbk 9781849460897 2010 £27.99 US$55.99
Human Security and International Law, von
Tigerstrom
Hbk 9781841136103 2007 £50 US$100
Institutionalised International Law, Ruffert, Walter
Hbk 9781849464949 2015 £100 US$172
Integration at the Border, De Vries
Hbk 9781849464109 2013 £65 US$112
Interlocking Constitutions, Gordillo
Hbk 9781849462211 2012 £70 US$120
International Humanitarian Law and Terrorism,
Bianchi, Naqvi
Hbk 9781849461375 2011 £85 US$170
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International Law, Mansell, Openshaw
Pbk 9781849460972 2013 £17.99 US$31
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International Law, Buss, Manji
Pbk 9781841134277 2005 £31 US$62
International Law and Child Soldiers, Waschefort
Hbk 9781849465205 2015 £50 US$86
International Law and Dispute Settlement, French,
Saul, White
Hbk 9781841139128 2010 £80 US$160
Pbk 9781849463591 2012 £34.99 US$60
International Law and the Construction of the
Liberal Peace, Buchan
Hbk 9781849462440 2013 £50 US$86
International Law for Common Goods, Lenzerini,
Vrdoljak
Hbk 9781849465199 2014 £75 US$129
International Law, Power, Security and Justice, Sur
Pbk 9781841139821 2010 £65 US$130
Islamic State Practices, International Law and the
Threat from Terrorism, Rehman
Hbk 9781841135014 2005 £53 US$106
Issues of State Responsibility before International
Judicial Institutions, Fitzmaurice, Sarooshi
Hbk 9781841133898 2004 £57 US$114
Justice for Crimes Against Humanity, Lattimer, Sands
Hbk 9781841134130 2003 £87 US$174
Pbk 9781841135687 2006 £34 US$68
Law’s Impunity, Liu
Hbk 9781849465168 2015 £50 US$86
Mediation in Political Conflicts, Faget
Hbk 9781849460781 2011 £55 US$110
Pbk 9781849460699 2011 £26.99 US$53.99
Peremptory International Law - Jus Cogens, Kolb
Hbk 9781782257271 2015 £50 US$86
Piracy in Comparative Perspective, Norchi, ProutièreMaulion
Pbk 9781849464420 2012 £51.99 US$89
Predictability and Flexibility in the Law of Maritime
Delimitation, Tanaka
Hbk 9781841135816 2006 £113 US$226
Promises of States under International Law, Eckart
Hbk 9781849462327 2012 £80 US$138
Reappraising the Resort to Force, Moir
Hbk 9781841136097 2010 £45 US$90
Pbk 9781849462150 2011 £25.99 US$51.99
Regional Organisations and the Development of
Collective Security, Abass
Hbk 9781841134802 2004 £63 US$126
Remedies in International Law, Evans
Hbk 9781901362350 1998 £93 US$186
Select Proceedings of the European Society of
International Law, Vol 1 2006, Fabri, Jouannet,
Tomkiewicz
Pbk 9781841136882 2008 £54.99 US$109.99
Select Proceedings of the European Society of
International Law, Vol 2, 2008, Fabri, Wolfrum,
Gogolin
Pbk 9781849460644 2010 £75 US$150
Select Proceedings of the European Society of
International Law, Vol 3, 2010, Crawford, Nouwen
Pbk 9781849462020 2012 £75 US$129
Sovereignty and the Stateless Nation, Azopardi
Hbk 9781841139166 2009 £75 US$150
Statelessness, Conklin
Hbk 9781849465076 2014 £60 US$103
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Terrorism, Saul
Pbk 9781841139869 2012 £50 US$86
Terrorism and the State, Becker
Hbk 9781841136066 2006 £69 US$138
Pbk 9781841136271 2006 £34 US$68
The Advancement of International Law, Leben
Hbk 9781841132785 2010 £55 US$110
The Arms Trade and International Law, Yihdego
Hbk 9781841137469 2007 £63 US$126
The Causes of War, Gillespie
Hbk 9781849465007 2013 £50 US$73
The Chagos Islanders and International Law, Allen
Hbk 9781849462655 2014 £50 US$86
The Chapter VII Powers of the United Nations
Security Council, De Wet
Hbk 9781841134222 2004 £78 US$156
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The Concept of Unity in Public International Law,
Prost
Hbk 9781849460439 2012 £58 US$116
The Contractual Nature of the Optional Clause,
Törber
Hbk 9781849468664 2015 £63 US$108
The Democratic Legitimacy of International Law,
Wheatley
Hbk 9781841138176 2010 £73 US$146
The Development of Human Rights Law by the
Judges of the International Court of Justice, Bedi
Hbk 9781841135762 2007 £82 US$164
The Distinction and Relationship between Jus ad
Bellum and Jus in Bello, Okimoto
Hbk 9781849460552 2011 £63 US$126
Socio-Legal Studies
Inspection Copy Available
The Legal Order of the Oceans, Lowe, Talmon
Pbk 9781841138237 2009 £58 US$116
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An Introduction to Law and Social Theory, Banakar,
Travers
Hbk 9781841132082 2002 £33 US$66
The Militarisation of Peacekeeping in the TwentyFirst Century, Sloan
Hbk 9781849461146 2011 £68 US$136
The OIC, the UN, and Counter-Terrorism LawMaking, Samuel
Hbk 9781849462679 2013 £78 US$134
The Permanent International Criminal Court,
McGoldrick, Rowe, Donnelly
Pbk 9781841132815 2004 £48 US$96
Contemporary Issues of the Semiotics of Law,
Wagner, Summerfield, Vanegas
Hbk 9781841135458 2005 £63 US$126
Pbk 9781841135465 2005 £29 US$58
Costs and Cautionary Tales, Ogus
Pbk 9781841133690 2006 £27 US$54
Courts, Justice, and Efficiency, Fix-Fierro
Hbk 9781841133829 2004 £66 US$132
The Politics of International Law, Koskenniemi
Pbk 9781841139395 2011 £38.99 US$77.99
Darker Legacies of Law in Europe, Joerges, Ghaleigh
Hbk 9781841133102 2003 £87 US$174
The Institutional Veil in Public International Law,
Brölmann
Hbk 9781841136349 2007 £57 US$114
The Practice of International and National Courts
and the (De-)Fragmentation of International Law,
Fauchald, Nollkaemper
Hbk 9781849462471 2012 £58 US$100
Pbk 9781849466639 2014 £30 US$52
European Ways of Law, Gessner, Nelken
Hbk 9781841137773 2007 £57 US$114
Pbk 9781841137780 2007 £32 US$64
The Interception of Vessels on the High Seas,
Papastavridis
Hbk 9781849461832 2013 £68 US$117
Pbk 9781849466646 2014 £30 US$52
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The Public International Law Study Guide for
Students, Verones, Rosselet
Pbk 9781849464543 2013 £20.99 US$36
The International Court of Justice, Kolb
Hbk 9781849462631 2013 £160 US$276
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The Settlement of International Disputes, Tams,
Tzanakopoulos
Pbk 9781849463034 2012 £50 US$86
The Independence of International Courts,
Zimmermann
Hbk 9781849467414 2014 £160 US$275
The International Court of Justice and Self-Defence
in International Law, Green
Hbk 9781841138763 2009 £58 US$116
The International Responsibility of the European
Union, Evans, Koutrakos
Hbk 9781849463287 2013 £68 US$117
The Iran Nuclear Issue, Ronen
Hbk 9781841137568 2010 £60 US$120
The Iraq War and International Law, Shiner, Williams
Hbk 9781841136691 2008 £37.99 US$75.99
The Irish Yearbook of International Law, Vol 1 2006,
Allain, Mullally
Hbk 9781841137025 2008 £63 US$126
The Irish Yearbook of International Law, Vol 2 2007,
Allain, Mullally
Hbk 9781841139593 2009 £220 US$440
The Irish Yearbook of International Law, Vol 3, 2008,
Allain, Mullally
Hbk 9781849460729 2011 £210 US$420
The Irish Yearbook of International Law, Vols 4-5,
2009-10, de Londras, Mullally
Hbk 9781849464208 2012 £80 US$138
The Irish Yearbook of International Law, Vol 6, 2011,
de Londras, Mullally
Hbk 9781849464772 2013 £80 US$138
The Irish Yearbook of International Law, Vol 7, 2012,
de Londras, Mullally
Hbk 9781849466295 2015 £75 US$129
The Irish Yearbook of International Law, Vol 8, 2013,
de Londras, Mullally
Hbk 9781849467605 2015 £180 US$310
The Law Against War, Corten
Hbk 9781841139425 2010 £78 US$156
Pbk 9781849463584 2012 £33.99 US$58
The Law and Practice of Piracy at Sea, Koutrakos,
Skordas
Hbk 9781849464123 2014 £75 US$129
98
The Legal Foundations of INTERPOL, Martha
Hbk 9781849460408 2010 £60 US$120
The Shifting Allocation of Authority in International
Law, Broude, Shany
Hbk 9781841137971 2008 £75 US$150
The South China Sea Arbitration, Talmon, Jia
Hbk 9781849465472 2014 £30 US$52
The Transformation of International Environmental
Law, Kerbrat, Maljean-Dubois
Pbk 9781849462594 2011 £50 US$100
The Use of Nuclear Weapons and the Protection
of the Environment during International Armed
Conflict, Koppe
Hbk 9781841137452 2008 £63 US$126
Transnational Administrative Rule-Making, Dilling,
Herberg, Winter
Hbk 9781841132228 2011 £68 US$136
Transnational Governance and Constitutionalism,
Joerges, Sand, Teubner
Hbk 9781841134352 2004 £80 US$160
Transnational Law and Local Struggles, Szablowski
Hbk 9781841136387 2007 £57 US$114
Pbk 9781841136394 2007 £38 US$76
Transnational Terrorism and State Accountability,
Proulx
Hbk 9781849462853 2012 £75 US$129
What is a Fair International Society?, TourmeJouannet
Pbk 9781849464307 2013 £31.99 US$55
Social Welfare Law
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Law in a Complex State, Harris
Pbk 9781849464451 2013 £26.99 US$46
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Fighting for Political Freedom, Halliday, Karpik, Feeley
Hbk 9781841137674 2007 £69 US$138
Pbk 9781841137681 2007 £23 US$44
Fundamental Values, Economides, Betten, Bridge,
Tettenborn, Shrubsall
Hbk 9781841131184 2000 £71 US$142
Governing Independence and Expertise,
McDermont
Pbk 9781841139890 2010 £36.99 US$73.99
Governing Sexuality, Stychin
Hbk 9781841132679 2003 £49 US$98
Healing the Wounds, Foblets, von Trotha
Hbk 9781841134680 2004 £54 US$108
Pbk 9781841134697 2004 £29 US$58
Imaginary Boundaries of Justice, Lippens
Hbk 9781841134741 2005 £63 US$126
Pbk 9781841134758 2005 £29 US$58
Karl Polanyi, Globalisation and the Potential of Law
in Transnational Markets, Joerges, Falke
Hbk 9781849461191 2011 £70 US$140
Law and Outsiders, Murphy, Green
Pbk 9781841139845 2011 £44.99 US$89.99
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Law and Politics at the Perimeter, Munro
Pbk 9781841133522 2007 £29 US$58
Luhmann on Law and Politics, King, Thornhill
Hbk 9781841136233 2006 £50 US$100
Pbk 9781841136240 2006 £31 US$62
Multicultural Jurisprudence, Foblets, Dundes Renteln
Hbk 9781841138954 2009 £55 US$110
Pbk 9781841138961 2009 £28.99 US$57.99
Paradoxes and Inconsistencies in the Law, Perez,
Teubner
Pbk 9781841135410 2005 £40 US$80
Paths to Justice, Genn
Pbk 9781841130392 1999 £31 US$62
Paths to Justice Scotland, Genn, Paterson
Pbk 9781841130408 2001 £33 US$66
Regulatory Transformations, Lange, Haines, Thomas
Hbk 9781849463447 2015 £60 US$103
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Religion, Race, Rights, Darian-Smith
Pbk 9781841137292 2010 £20.99 US$41.99
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Responsible Business, Dilling, Herberg, Winter
Hbk 9781841137797 2008 £55 US$110
Pbk 9781841137803 2008 £28.99 US$57.99
Rethinking Law, Society and Governance, Wickham,
Pavlich
Hbk 9781841132938 2001 £74 US$148
Pbk 9781841132945 2001 £31 US$62
Sexuality Repositioned, Brooks-Gordon, Gelsthorpe,
Johnson, Bainham
Pbk 9781841134895 2004 £40 US$80
The Geography of Law, Taylor
Pbk 9781841135571 2006 £31 US$62
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Theory and Method in Socio-Legal Research,
Banakar, Travers
Hbk 9781841136257 2005 £74 US$148
Pbk 9781841136264 2005 £32 US$64
Thinking about Law, Ben-Dor
Pbk 9781841133546 2007 £38 US$76
Thinking without Desire, Minkkinen
Hbk 9781841130484 1999 £69 US$138
Visible Women, James, Palmer
Hbk 9781841131955 2002 £47 US$94
Sports Law
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Modern Sports Law, Anderson
Pbk 9781841136851 2010 £29.99 US$59.99
Sports Law, 2nd Edn, Beloff, Kerr, Demetriou, Beloff
Hbk 9781841133676 2012 £110 US$190
Tax Law
Advanced Issues in International and European Tax
Law, Panayi
Hbk 9781849466950 2015 £65 US$112
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Advanced Topics in Revenue Law, Tiley, Loutzenhiser
Pbk 9781849464239 2013 £42 US$72
Challenging Gender Inequality in Tax Policy
Making, Brooks, Gunnarsson, Philipps, Wersig
Hbk 9781849461238 2011 £70 US$140
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Revenue Law, 7th Edn, Tiley, Loutzenhiser
Pbk 9781849463270 2012 £43.99 US$76
Studies in the History of Tax Law, Vol 1, Tiley
Hbk 9781841134734 2004 £79 US$158
Studies in the History of Tax Law, Vol 2, Tiley
Hbk 9781841136776 2007 £74 US$148
Studies in the History of Tax Law, Vol 3, Tiley
Hbk 9781841139562 2009 £95 US$190
Studies in the History of Tax Law, Vol 4, Tiley
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Studies in the History of Tax Law, Vol 5, Tiley
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Studies in the History of Tax Law, Vol 6, Tiley
Hbk 9781849464802 2013 £80 US$138
Studies in the History of Tax Law, Vol 7, Harris, de
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The Political Economy of Corporation Tax, Snape
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99
Index
Cremona Structural Principles in EU External Relations Law 52
Bernitz, Heide-Jörgensen Marketing and Advertising
Law in a Process of Harmonization
48
Bewigged and Bewildered? Kramer, Higgins
65
Cremona, Thies, Wessel The European Union and
International Dispute Settlement
Beyerlin, Marauhn International Environmental Law
42
Crimes of Business in International Law Schmidt16
A Guide to the National Planning Policy Framework
Jones42
Binder, Footer, Reinisch Select Proceedings of the
European Society of International Law, Volume 5, 2014
77
Criminal Law and the Authority of the State Asp,
du-Bois Pedain, Ulväng
A Practitioner’s Guide to the Unified Patent Court
England36
Binder, Gortsos The European Banking Union
53
Criminal Sentencing as Practical Wisdom Brown39
Blackham Extending Working Life for Older Workers
64
Criminologies of the Military Goldsmith, Wadham, Halsey 41
A Bank’s Duty of Care Busch, van Dam
15
A Casebook on Contract Burrows29
A Comparative Examination of Multi-Party Actions
Blennerhassett68
A Theory of Tort Liability Beever33
A Transnational Study of Law and Justice on TV
Robson, Schulz
65
Access to Justice Palmer, Cornford, Marique, Guinchard
24
Access to Justice and Legal Aid Flynn, Hodgson
21
Administrative Law and Judicial Deference Lewans25
Agha Human Rights Between Law and Politics
47
Air Passenger Rights Bobek, Prassl
45
Aksenova Complicity in International Criminal Law
60
Ales, Deinert, Kenner Core and Contingent Work in
the European Union
50
An Introduction to Competition Law Slot, Lane
18
Anonymous Speech Barendt29
Blennerhassett A Comparative Examination of Multi-Party
Actions68
45
Current Issues in Succession Law Häcker, Mitchell
70
Boucht The Limits of Asset Confiscation
59
Bradley The Law of the European Court
49
Dalhuisen Dalhuisen on Transnational Comparative,
Commercial, Financial and Trade Law Volume 1 30
Dalhuisen Dalhuisen on Transnational Comparative,
Commercial, Financial and Trade Law Volume 2 30
Dalhuisen Dalhuisen on Transnational Comparative,
Commercial, Financial and Trade Law Volume 3 30
Dalhuisen Dalhuisen on Transnational Comparative,
Commercial, Financial and Trade Law (3 Volume Set)
30
Brants, Karstedt Transitional Justice and its Public Spheres 74
Braun, Röthel Passing Wealth on Death
71
Brems, Corradi, Goodale Human Rights Encounter Legal
Pluralism58
Brexit Peers45
Brown Criminal Sentencing as Practical Wisdom
39
Arctic Law and Governance Koivurova, Qin
73
Burrows A Casebook on Contract
29
Busch, van Dam A Bank’s Duty of Care
15
Asp, du Bois-Pedain, Ulväng Criminal Law and the Authority
of the State
39
Aziz The Constitution of Pakistan
24
Aznar, Footer Select Proceedings of the European Society
of International Law, Volume 4, 2012
77
Azoulai, Barbou des Places, Pataut Constructing the
Person in EU Law
51
Dalhuisen on Transnational Comparative, Commercial,
Financial and Trade Law (3 Volume Set) Dalhuisen30
Dalhuisen on Transnational Comparative, Commercial,
Financial and Trade Law Volume 1 Dalhuisen30
Dalhuisen on Transnational Comparative, Commercial,
Financial and Trade Law Volume 2 Dalhuisen30
Capps, Pattinson Ethical Rationalism and the Law
68
Cartwright Contract Law
31
Dalhuisen on Transnational Comparative, Commercial,
Financial and Trade Law Volume 3 Dalhuisen30
Chan The Public-Private Nature of Charity Law
28
Damages and Human Rights Varuhas56
Cole, Fabbrini, Schulhofer Surveillance, Privacy and
Trans-Atlantic Relations
28
Collective Actions Money-Kyrle68
Collins The Institutional Problem in Modern International
Law74
Damages in Contractual Claims Poole, Devenney
34
de Vries, Bernitz, Weatherill The EU Charter of
Fundamental Rights as a Binding Instrument
48
Defences in Contract Dyson, Goudkamp, Wilmot-Smith
34
Comparative Law in Practice Fairgrieve17
Defences in Unjust Enrichment Dyson, Goudkamp,
Wilmot-Smith34
44
Comparative Perspectives on the Theory and Practice
of Preventive Detention Michaelsen40
Degeling, Varuhas Equitable Compensation and
Disgorgement of Profit
44
Ball Enrichment at the Claimant’s Expense
33
Competition Law Korah, Lianos
Del Mar, Lobban Law in Theory and History
67
Balthasar International Commercial Arbitration
14
Complicity and its Limits in the Law of International
Responsibility Lanovoy73
Deserved Criminal Sentences von Hirsch
38
Complicity in International Criminal Law Aksenova60
Digital Revolution Schulze, Staudenmayer
Constitutionalism and Legal Change in Myanmar
Harding25
Diplomatic Interference and the Law Behrens75
Constructing the Person in EU Law Azoulai, Barbou
des Places, Pataut
51
Divergences in Private Law Robertson, Tilbury
Contract as Assumption II Coote, Carter
33
Dixon, Goymour, Watterson New Perspectives on Land
Registration71
Badie Humiliation in International Relations
74
Baker, Sheedy Litigating Trust Disputes in Jersey
Banaś, Dyrda, Gizbert-Studnicki Metaphilosophy of Law 67
Bankruptcy in the 21st Century Ramsay14
Barber, Ekins, Yowell Lord Sumption and the Limits
of the Law
21
Barendt Anonymous Speech
29
Barker, Degeling, Fairweather, Grantham Private Law
and Power
32
Barnes The Law of Rights of Light
70
Barnidge, Jr Self-Determination, Statehood, and the Law
of Negotiation
75
19
Contract Law Cartwright31
Conway, Stannard The Emotional Dynamics of Law
and Legal Discourse
78
Coote, Carter Contract as Assumption II
33
Detention of Terrorism Suspects Duffy29
34
Discrimination as Stigma Solanke63
31
Documents in International Environmental Law
Gavouneli, Plakokefalos
43
Doping in Sport and the Law Haas, Healey
79
54
Bazinas, Akseli International and Comparative
Secured Transactions Law
15
Copyright Beyond Law Iljadica36
Draghici The Legitimacy of Family Rights in Strasbourg
Case Law
Beever A Theory of Tort Liability
33
Behrens Diplomatic Interference and the Law
75
Core and Contingent Work in the European Union
Ales, Deinert, Kenner
Drugs Law and Legal Practice in Southeast Asia
Lindsey, Nicholson
39
Duffy Detention of Terrorism Suspects
29
Durbach, Lixinski Heritage, Culture and Rights
71
Durovic European Law on Unfair Commercial Practices
and Contract Law
47
Bell, Elliott, Varuhas, Murray Public Law Adjudication
in Common Law Systems
20
Beloff, Kerr, Demetriou, Beloff Sports Law
79
Berger, Moon Religion and the Exercise of Public Authority 27
Bergström, Iacovides, Strand Harmonising EU
Competition Litigation
100
74
22
64
Augenstein, Agé, Wilson Unitary Patent Court Procedure 36
22
Bobek, Prassl Air Passenger Rights
Bruun, Lörcher, Schömann, Clauwaert The European
Social Charter and Employment Relations
25
Cross, Garnham The Inquest Book
Blick The Codes of the Constitution
27
Auby Globalisation, Law and the State
39
Cubie The International Legal Protection of Persons in
Humanitarian Crises
Appleby The Role of the Solicitor-General
Asgeirsson The Nature and Value of Vagueness in the Law 67
52
18
50
Cornish, Banks, Mitchell, Mitchell, Probert Law and
Society in England 1750-1950
66
Corporate Laws of the World Wegen, Barth, Spahlinger
16
Corstens, Kuiper, Murray Understanding the Rule of Law 28
Corvaglia Public Procurement and Labour Rights
61
Couso The Constitution of Chile
24
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Dyson, Goudkamp, Wilmot-Smith Defences in Unjust
Enrichment34
Hart Publishing index
Dyson, Goudkamp, Wilmot-Smith Defences in Contract 34
Dyson, Lee, Stark Fifty Years of the Law Commissions
55
Fotis, Zevgolis The Competitive Effects of Minority
Shareholdings19
Franssen The Principles of Corporate Sentencing in EU
Law47
Iljadica Copyright Beyond Law
36
Indigenous Peoples and Human Rights Saul76
Integrated Water Resources Regulation in European
Union and English Law Howarth43
Freedom and Force Kisilevsky, Stone
66
Fripp Nationality and Statelessness in the International
Law of Refugee Status
73
Economic, Social and Cultural Rights in International
Law Ssenyonjo57
Fuchs, Cornelissen EU Social Security Law
51
Edelman, Bant Unjust Enrichment
31
Fundamental Texts on European Private Law
Radley-Gardner, Beale, Zimmermann, Schulze
Edwards Law, Policy and the Internet
20
Eeckhout, Lopez-Escudero The European Union’s
External Action in Times of Crisis
Interparliamentary Cooperation in the Composite
European Constitution Lupo, Fasone
52
Eichenhofer The Law of the Activating Welfare State
64
Interpretation of International Investment Treaties
Gazzini61
Economic Sanctions and International Law
Happold, Eden
73
England A Practitioner’s Guide to the Unified Patent Court 36
Enrichment at the Claimant’s Expense Ball33
Enright, McCandless, O’Donoghue Northern / Irish
Feminist Judgments
54
Environmental Principles and the Evolution of
Environmental Law Scotford43
Equal Citizenship and Its Limits in EU Law Neuvonen46
Equitable Compensation and Disgorgement of
Profit Degeling, Varuhas
44
Erbacher Negligence and Illegality
33
Esmaeili, Irmgard, Rehman The Rule of Law, Freedom
of Expression and Islamic Law
75
Gavouneli, Plakokefalos Documents in International
Environmental Law
53
43
Gazzini Interpretation of International Investment Treaties 61
Gillespie The Causes of War
76
Giupponi Rethinking Free Trade, Economic Integration
and Human Rights in the Americas
62
Global Environmental Constitutionalism in
the Anthropocene Kotzé43
Globalisation, Law and the State Auby25
Goldsmith, Wadham, Halsey Criminologies of the Military 41
Gordon, Smyth, Cornell Sanctions Law
75
Governing (Through) Rights Sokhi-Bulley57
Estrada-Tanck Human Security and Human Rights under
International Law
76
Ethical Judgments Smith, Coggon, Hobson, Huxtable,
McGuinness, Miola, Neal
69
Ethical Rationalism and the Law Capps, Pattinson
68
EU Civil Justice Hess, Bergström, Storskrubb
49
EU Criminal Law after Lisbon Mitsilegas45
International and Comparative Secured Transactions
Law Bazinas, Akseli
15
International Commercial Arbitration Balthasar14
International Environmental Law Beyerlin, Marauhn
26
Gullifer, Akseli Secured Transactions Law Reform
14
Haas, Healey Doping in Sport and the Law
79
Häcker, Mitchell Current Issues in Succession Law
48
Interpreting TRIPS Yamane37
Investigating European Fraud in the EU Member
States Negri39
Jessen, Werner EU Maritime Transport Law
53
Jones A Guide to the National Planning Policy Framework 42
Jones, Scotford The Strategic Environmental
Assessment Directive
42
Jonsson Cornell, Goldoni National and Regional Parliaments
in the EU-Legislative Procedure Post-Lisbon
50
Judge The Safest Shield
Groves, Weeks Legitimate Expectations in the Common
Law World
42
International Investment Law Subedi61
55
Judicial Reasoning in Tort Law Leczykiewicz35
Juss, Sunkin Landmark Cases in Public Law
20
70
Kanetake, Nollkaemper The Rule of Law at the National
and International Levels
72
EU Immigration and Asylum Law Hailbronner, Thym
50
Haedicke, Stief, Bühler Pharmaceutical, Biological
and Chemical Patents
37
Kaupa The Pluralist Character of the European Economic
Constitution46
EU Maritime Transport Law Jessen, Werner
53
Hailbronner, Thym EU Immigration and Asylum Law
50
Kenyon, Scott Positive Free Speech
EU Non-Discrimination Law in the Courts Mulder51
Han Policyholder’s Reasonable Expectations
59
EU Social Security Law Fuchs, Cornelissen
51
Happold, Eden Economic Sanctions and International Law 73
Kindler The Single-Member Limited Liability Company
(SUP)16
European Capital Markets Law Veil15
Harding Constitutionalism and Legal Change in Myanmar 25
European Competition Law Annual 2013 Lowe,
Marquis, Monti
19
European Contract Law Schulze, Zoll
50
European Law on Unfair Commercial Practices
and Contract Law Durovic47
69
Kisilevsky, Stone Freedom and Force
66
Koivurova, Qin Arctic Law and Governance
73
18
Kolb Theory of International Law
76
Harmonising Regional Trade Law in the Southern
African Development Community (SADC) Shumba78
Korah, Lianos Competition Law
19
Koshan The Right to Say No
38
Harmonising EU Competition Litigation Bergström,
Iacovides, Strand
Heritage, Culture and Rights Durbach, Lixinski
71
European Private International Law Van Calster
70
Hess, Bergström, Storskrubb EU Civil Justice
49
Kotzé Global Environmental Constitutionalism in the
Anthropocene43
European State Aid Law Säcker, Montag
19
Hong Kong Competition Law Quigley, Rab
18
Koukiadis Reconstituting Internet Normativity
20
Evans The History of Parliamentary Procedure
22
Hook The Choice of Law Contract
70
Koutrakos, Shuibhne, Syrpis Exceptions from EU
Free Movement Law
47
Kramer, Higgins Bewigged and Bewildered?
65
Evidence of Bad Character Spencer38
Horne, Le Sueur Parliament21
Evidential Uncertainty in Causation in Negligence
Turton32
Howarth Integrated Water Resources Regulation in
European Union and English Law
43
Exceptions from EU Free Movement Law Koutrakos,
Shuibhne, Syrpis
Howe, Owens Temporary Labour Migration in the
Global Era
63
Hufnagel, McCartney Trust in International Police and
Justice Cooperation
41
47
Extending Working Life for Older Workers Blackham64
Landmark Cases in Public Law Juss, Sunkin
20
Human Rights Between Law and Politics Agha47
Lanovoy Complicity and its Limits in the Law of
International Responsibility
73
Human Rights Encounter Legal Pluralism Brems,
Corradi, Goodale
Law and Society in England 1750-1950 Cornish,
Banks, Mitchell, Mitchell, Probert
66
Law in Theory and History Del Mar, Lobban
67
Human Rights and Violence Petman56
Fairgrieve Comparative Law in Practice
17
Fifty Years of the Law Commissions Dyson, Lee, Stark
55
Fikfak, Hooper Parliament’s Secret War
22
Finnish Yearbook of International Law, Volume 23,
2012-2013 Petman77
Finnish Yearbook of International Law, Volume 24,
2014 Petman77
Flynn, Hodgson Access to Justice and Legal Aid
Footer, Schmidt, White, Davies-Bright Security and
International Law
21
72
Landmark Cases in Criminal Law Mares, Williams,
Handler38
58
Human Rights Obligations of Non-State Armed
Groups Murray72
Human Security and Human Rights under
International Law Estrada-Tanck76
Humiliation in International Relations Badie74
Hunter, Roberts, Young, Dixon The Integrity of Criminal
Process40
Law, Policy and the Internet Edwards20
Lawyers and Mediators Maclean, Eekelaar
54
Lazarus Securing Legality
21
Leczykiewicz Judicial Reasoning in Tort Law
35
Leczykiewicz, Weatherill The Images of the Consumer
in EU Law
49
Lee Legislation and Reform in the Law of Obligations
32
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101
Hart Publishing index
Legal Insanity and the Brain Moratti, Patterson
69
Nason Reconstructing Judicial Review
27
Legal Risk in the Corporate World Moorhead, Vaughan
17
National and Regional Parliaments in the
EU-Legislative Procedure Post-Lisbon
Jonsson Cornell, Goldoni
50
Legal Validity Tinturé66
Legislation and Reform in the Law of Obligations Lee32
Nationality and Statelessness in the International
Law of Refugee Status Fripp73
18
Radley-Gardner, Beale, Zimmermann, Schulze
Fundamental Texts on European Private Law
53
Ramsay Bankruptcy in the 21st Century
14
Legitimate Expectations in the Common Law World
Groves, Weeks
26
Lewans Administrative Law and Judicial Deference
25
Leyland The Constitution of the United Kingdom
23
Negri Investigating European Fraud in the EU
Member States
39
44
Neuvonen Equal Citizenship and Its Limits in EU Law
46
Life Imprisonment and Human Rights van Zyl Smit,
Appleton40
New Perspectives on Land Registration Dixon,
Goymour, Watterson
71
Limbach Uniformity of Customs Administration in the
European Union
46
Newton The Constitutional Systems of the Independent
Central Asian States
24
Limenta WTO Retaliation
62
Regulation of Sexualized Speech in Europe and
the United States Siry58
Lindsey, Nicholson Drugs Law and Legal Practice in
Southeast Asia
Northern / Irish Feminist Judgments Enright,
McCandless, O’Donoghue
54
Reimagining Restorative Justice O’Mahony, Doak
41
39
Litigating Trust Disputes in Jersey Baker, Sheedy
44
Religion and the Exercise of Public Authority
Berger, Moon
27
Liew Rationalising Constructive Trusts
Lord Sumption and the Limits of the Law Barber,
Ekins, Yowell
Lowe, Marquis, Monti European Competition
Law Annual 2013
Lupo, Fasone Interparliamentary Cooperation in
the Composite European Constitution
Lupo, Piccirilli The Italian Parliament in the
European Union
21
19
48
48
Maclean, Eekelaar Lawyers and Mediators
54
Mares, Williams, Handler Landmark Cases in
Criminal Law
38
Market Manipulation and Insider Trading Ryder,
Herlin-Karnell15
Marketing and Advertising Law in a Process
of Harmonization Bernitz, Heide-Jörgensen
Martha The Legal Foundations of INTERPOL
48
59
Masking Barbarism O’Connell57
Masri The Dynamics of Exclusionary Constitutionalism
Mavronicola Torture, Inhumanity and Degradation
under Article 3 of the ECHR
26
Negligence and Illegality Erbacher33
Rationalising Constructive Trusts Liew44
56
69
Meltzer The Legitimacy of the World Trade Organisation
61
Metaphilosophy of Law Banaś, Dyrda, Gizbert-Studnicki
67
Michaelsen Comparative Perspectives on the Theory
and Practice of Preventive Detention
40
Micklitz, Wechsler The Transformation of Enforcement
51
Miettinen The Political Constitution of EU Criminal Law
45
58
Reconceptualising the Rule of Law in Global Governance,
Resources, Investment and Trade Pazartzis, Gavouneli,
Gourgourinis, Papadaki
62
Reconstituting Internet Normativity Koukiadis20
Reconstructing Judicial Review Nason27
O’Mahony, Doak Reimagining Restorative Justice
41
O’Reilly Policing Global Risks
41
O’Sullivan, Stevens States, the Law and Access to
Refugee Protection
58
O’Connell Masking Barbarism
57
Oliver The Fundamental Rights of Companies
16
Osorio The Social Function of Property and the Human
Right to Security of Tenure in Latin America
71
Otto The Right to Privacy in Employment
63
Religious Freedom, Religious Discrimination and the
Workplace Vickers63
Rethinking Free Trade, Economic Integration and
Human Rights in the Americas Giupponi62
Robertson, Tilbury Divergences in Private Law
31
Robertson, Tilbury The Common Law of Obligations
31
Robson, Schulz A Transnational Study of Law and
Justice on TV
65
Rossi, Silva Public Access to Documents in the EU
52
Rothwell, Stephens The International Law of the Sea
72
Ryder, Herlin-Karnell Market Manipulation and
Insider Trading
15
Palmer, Cornford, Marique, Guinchard Access to Justice 24
Parker UK Merger Control
18
Parliament Horne, Le Sueur
21
Säcker, Montag European State Aid Law
19
Parliament’s Secret War Fikfak, Hooper
22
Sanctions Law Gordon, Smyth, Cornell
75
Passing Wealth on Death Braun, Röthel
71
Sattorova The Impact of Investment Treaty Law on
Host States
60
Saul Indigenous Peoples and Human Rights
76
Schmidt Crimes of Business in International Law
16
Schmitz The Struggle in Online Copyright Enforcement
37
Schulze, Staudenmayer Digital Revolution
34
Schulze, Zoll European Contract Law
50
Scotford Environmental Principles and the Evolution of
Environmental Law
43
Secured Transactions Law Reform Gullifer, Akseli
14
Pazartzis, Gavouneli, Gourgourinis, Papadaki
Reconceptualising the Rule of Law in Global
Governance, Resources, Investment and Trade
62
Peers Brexit45
Media Law and Policy in the Internet Age
Weisenhaus, Young
Migration, Asylum and Citizenship Law in
Ireland Mullally, Murphy, Thornton
Persson, Kristoffersson Swedish Perspectives on Private
Law Europeanisation
Peters, Ley The Freedom of Peaceful Assembly in Europe
Petman Human Rights and Violence
Petman Finnish Yearbook of International Law,
Volume 23, 2012-2013
49
27
56
77
Securing Legality Lazarus21
Petman Finnish Yearbook of International Law,
Volume 24, 2014
77
Pharmaceutical, Biological and Chemical Patents
Haedicke, Stief, Bühler
Security and International Law Footer, Schmidt,
White, Davies-Bright
72
37
Select Proceedings of the European Society of
International Law, Volume 4, 2012 Aznar, Footer
77
77
Policing Global Risks O’Reilly41
Minimum Contract Justice Tjon Soei Len
35
Policyholder’s Reasonable Expectations Han59
Mitsilegas EU Criminal Law after Lisbon
45
Poole, Devenney Damages in Contractual Claims
34
Select Proceedings of the European Society of
International Law, Volume 5, 2014 Binder,
Footer, Reinisch
Money-Kyrle Collective Actions
68
Positive Free Speech Kenyon, Scott
69
Selejan-Gutan The Constitution of Romania
23
Moorhead, Vaughan Legal Risk in the Corporate World
17
Potter, Lowe Understanding Legislation
28
Moorhead, Vaughan The Business of Law
65
Principled Reasoning in Human Rights Adjudication
Wheatle26
Self-Determination, Statehood, and the
Law of Negotiation Barnidge, Jr
75
Shumba Harmonising Regional Trade Law in the
Southern African Development Community (SADC)
78
Siry Regulation of Sexualized Speech in Europe
and the United States
58
Skoutaris Territorial Pluralism in Europe
23
Moratti, Patterson Legal Insanity and the Brain
69
Moriarty The Commercial Bar Association
(COMBAR) 1989-2014
35
Mulder EU Non-Discrimination Law in the Courts
51
Mullally, Murphy, Thornton Migration, Asylum
and Citizenship Law in Ireland
Muravyeva The Foundations of Russian Law
Murray Human Rights Obligations of Non-State
Armed Groups
58
17
72
Private Law and Power Barker, Degeling, Fairweather,
Grantham32
Private Law and the Value of Choice Voyiakis67
Property and Human Rights in a Global Context
Xu, Allain
57
Slot, Lane An Introduction to Competition Law
18
Public Access to Documents in the EU Rossi, Silva
52
Public Law Adjudication in Common Law Systems
Bell, Elliott, Varuhas, Murray
Smith, Coggon, Hobson, Huxtable, McGuinness,
Miola, Neal Ethical Judgments
69
20
Soft Law and Public Authorities Weeks25
Public Procurement and Labour Rights Corvaglia61
102
Quigley, Rab Hong Kong Competition Law
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Sokhi-Bulley Governing (Through) Rights
57
Hart Publishing index
Solanke Discrimination as Stigma
63
Spencer Evidence of Bad Character
38
Sperr, Hohenlohe-Oehringen The Protection of
Legitimate Expectations in Administrative Law
Sports Law Beloff, Kerr, Demetriou, Beloff
26
79
Ssenyonjo Economic, Social and Cultural Rights in
International Law
57
States, the Law and Access to Refugee Protection
O’Sullivan, Stevens
58
Stief, Bühler Supplementary Protection Certificates
37
Structural Principles in EU External Relations Law
Cremona52
Subedi International Investment Law
61
Supplementary Protection Certificates Stief, Bühler
37
Surveillance, Privacy and Trans-Atlantic Relations
Cole, Fabbrini, Schulhofer
28
Swedish Perspectives on Private Law Europeanisation
Persson, Kristoffersson
49
The Impact of Investment Treaty Law on Host States
Sattorova60
Trust in International Police and Justice Cooperation
Hufnagel, McCartney
41
The Impact of Union Citizenship on the EU’s Market
Freedoms Tryfonidou46
Tryfonidou The Impact of Union Citizenship on the
EU’s Market Freedoms
46
The Inquest Book Cross, Garnham
Turton Evidential Uncertainty in Causation in Negligence
32
Tzanou The Fundamental Right to Data Protection
36
22
The Institutional Problem in Modern International
Law Collins74
The Integrity of Criminal Process Hunter, Roberts,
Young, Dixon
40
The International Law of the Sea Rothwell, Stephens
72
The International Legal Protection of Persons in
Humanitarian Crises Cubie74
The Italian Parliament in the European Union Lupo,
Piccirilli48
The Law of Rights of Light Barnes70
The Law of the Activating Welfare State Eichenhofer64
The Law of the European Court Bradley49
UK Merger Control Parker18
Understanding Legislation Potter, Lowe
28
Understanding the Rule of Law Corstens, Kuiper,
Murray28
Uniformity of Customs Administration in the
European Union Limbach46
Unitary Patent Court Procedure Augenstein, Agé,
Wilson36
Unjust Enrichment Edelman, Bant
31
Van Calster European Private International Law
70
The Legal Foundations of INTERPOL Martha59
The Legitimacy of Family Rights in Strasbourg
Case Law Draghici54
Temporary Labour Migration in the Global Era
Howe, Owens
63
Territorial Pluralism in Europe Skoutaris23
The Assignment of Contractual Rights Tolhurst29
The Business of Law Moorhead, Vaughan
65
The Causes of War Gillespie76
The Chinese Regulatory Licensing System Zhang35
The Choice of Law Contract Hook70
The Legitimacy of the World Trade Organisation
Meltzer61
The Limits of Asset Confiscation Boucht59
van Zyl Smit, Appleton Life Imprisonment and Human
Rights40
Varuhas Damages and Human Rights
56
Veil European Capital Markets Law
15
The Pluralist Character of the European Economic
Constitution Kaupa46
Vickers Religious Freedom, Religious Discrimination
and the Workplace
63
The Political Constitution of EU Criminal Law
Miettinen45
von Hirsch Deserved Criminal Sentences
38
Voyiakis Private Law and the Value of Choice
67
The Nature and Value of Vagueness in the Law
Asgeirsson67
The Codes of the Constitution Blick22
The Principles of Corporate Sentencing in EU Law
Franssen47
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