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 Distribution and Sales Contacts Distribution All Distribution in the UK, EU and ROW Macmillan Distribution Ltd (MDL) Brunel Road, Houndmills Basingstoke RG21 6XS, UK Individual Customer Distribution in the UK T +44 (0)1256 302699 F +44 (0)1256 812521 E [email protected] Trade Distribution in the UK T +44 (0)1256 302692 F +44 (0)1256 812521 E [email protected] Individual Customer Distribution in the EU and ROW T +44 (0)1256 329242 F +44 (0)1256 842084 E [email protected] Trade Distribution in the EU and ROW T +44 (0)1256 329242 F +44 (0)1256 842084 E [email protected] All Distribution in America ISBS (International Specialized Book Services), 920 NE 58th Avenue, Suite 300, Portland, OR 97213-3786, USA T +1 503 287 3093 F +1 503 280 8832 E [email protected] All Distribution in Australia Bloomsbury Publishing Pty Ltd Level 4 387 George St Sydney 2000 NSW Australia T +61 2 8820 4900 E [email protected] All Distribution in Canada Codasat Canada Ltd 1153-56 Street PO Box 19150 Delta, BC V4L 2P8 Canada T +1 604 228 9952 F +1 604 222 2965 E [email protected] Sales Representatives Bloomsbury Publishing Plc 50 Bedford Square London WC1B 3DP T +44 (0)20 7631 5600 F +44 (0)20 7631 5800 E [email protected] UK Academic Sales Manager Phil Prestianni Bloomsbury Publishing Plc T +44 (0)7733 328663 E [email protected] South West England, South Wales, Oxfordshire and Hampshire David Simm Bloomsbury Publishing Plc T +44 (0)7714 849550 E [email protected] Central London and the Southern Home Counties Glen Holmes Bloomsbury Publishing Plc T +44 (0) 7736291976 E [email protected] 4 Midlands, Essex and Eastern Counties Max Bridgewater Bloomsbury Publishing Plc T +44 (0)7770 503641 E [email protected] Northern England, North Wales and Scotland Terry Lee Bloomsbury Publishing Plc T +44 (0)7802 617672 E [email protected] Eire and Northern Ireland Louise Dobbin Rep Force Ireland Dublin 4 Eire T +3531 364 9927 E [email protected] International Sales Jacqueline Sells International Sales Director Bloomsbury Publishing Plc T +44 (0)207 631 5869 E [email protected] Philippa Turnbull International Sales Assistant Bloomsbury Publishing Plc E [email protected] Ben Fasham Digital Platform & Institutional Sales (ROW) T +44 (0)7710 307265 E [email protected] Sarah Aislby Digital Platform & Institutional Sales (UK) T +44 (0)7824 435717 E [email protected] Europe Belgium, France, Germany, Luxembourg, Netherlands and Switzerland Rachel Banyard European Sales Manager Bloomsbury Publishing Plc T +44 (0)207 631 5918 E [email protected] Hart Publishing • Distribution and Sales Contacts Austria, Greece and Cyprus, Israel Tyers Book Sales Ltd Stisilaou 13 11 363 Ano Kypseli Athens Greece T +30 210 2133 436 E [email protected] Central and Eastern Europe Jacek Lewinson Nowogrodzka 18m.20 PL-00-511 Warszawa Poland T +48 226 283 956 E [email protected] Denmark, Finland, Iceland, Norway and Sweden Colin Flint Ltd 26 Harvey Goodwin Avenue Cambridge CB4 3EU T +44 (0)1223 565 052 E [email protected] Spain, Portugal and Gibraltar Iberian Book Services Sector Islas, 12, 1B 28760 Tres Cantos Madrid Spain T +34 91 8034918 F +34 91 8035936 E [email protected] Africa Helena O’Leary Senior International Sales Executive Bloomsbury Publishing Plc T +44 (0) 207 631 5559 Mbl +44 (0) 7715 851876 E [email protected] Southern Africa (Lesotho, Botswana, Namibia, Republic of South Africa, Swaziland) Academic Marketing Services Pty (Ltd) PO Box 411738 Craighall, 2024 Johannesburg South Africa T (011) 447 7441 E [email protected] Rest of Africa Tula Publishing Ltd Aristotle House Aristotle Lane Oxford OX2 6TR T +44 (0)1865 553606 E [email protected] Middle East and North Africa John Edwards International Sales Manager Bloomsbury Publishing Plc T +44 (0)207 631 5924 E [email protected] Middle East (excluding Israel), North Africa and Malta International Publishers Services P.O. Box 27533 Dubai United Arab Emirates T +971 4 238 4001 F +971 4 238 4005 E [email protected] South Korea Information and Culture Korea 473-19 Seokyo-dong Mapo-ku Seoul 121-842 South Korea T +822 3141 4791 F +822 3141 7733 E [email protected] India, Bangladesh, Nepal and Sri Lanka Bloomsbury Publishing India Pvt Ltd Ground Floor, Vishrut Building DDA Complex, Pocket C-6&7 Vasant Kunj, New Delhi 110 070 India T +91 11 40574957, +91 11 40574954 E [email protected] Asia Australia and New Zealand Sheila Lo International Sales Manager Bloomsbury Publishing Plc T +852 90238257 E [email protected] Rachael McDiarmid Bloomsbury Publishing Pty Ltd Level 4 387 George St Sydney 2000 NSW Australia T +61 2 8820 4900 E [email protected] Malaysia, Singapore & Indonesia Wenrong Tan International Sales Manager Bloomsbury Publishing Plc E [email protected] China Marc Zhang International Sales Manager Bloomsbury Publishing Plc E [email protected] Philippines Tony Sagun CRW Marketing Services for Publishers Inc 4 Topaz Road, Greenheights, Taytay, Rizal, Philippines 1920 T 632 584 8448 Fx 632 213 0651 E [email protected] E [email protected] Japan Jacqueline Sells International Sales Manager Bloomsbury Publishing Plc E [email protected] Pakistan M. Anwer Iqbal Book Bird Lower Ground 36B Abdalians Society, Nazaria - e - Pakistan Avenue, Lahore 54770, Pakistan T +92 42 35956161 M +92 313 8464747 E [email protected] North America Canada Codasat Canada Ltd 1153-56 Street PO Box 19150 Delta, BC V4L 2P8 Canada T +1 604-228-9952 F +1 604-222-2965 E [email protected] US International Specialized Book Services 920 NE 58th Avenue, Suite 300 Portland, OR 97213-3786, USA T +1 503 287 3093 or toll free (1) 800 944 6190 F +1 503 280 8832 E [email protected] www.isbs.com Rights Elizabeth White Academic Rights Manager T +44 (0)207 631 5879 E [email protected] 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. ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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. ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 research by eminent scholars in the field, and are 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 law. Beyond items of a general nature, designated Correspondents provide reports on: international law developments in Ireland; Irish 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 cooperation among legal scholars from all over Europe. They join forces to undertake in-depth 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. ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com Modern Studies in Property Law Current Editor: Nicholas Hopkins The books in this series contain a collection of peer reviewed papers presented at the biennial Modern Studies in Property Law conferences. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. Oñati International Series in 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 Osgoode Readers The Osgoode Readers offer interdisciplinary and cosmopolitan treatments of the essential elements of a variety of legal fields. Each chapter in an Osgoode Reader takes the form of a critical synthesis providing a succinct, engaging overview and analysis of contemporary issues and problems that 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 topics, including studies of international law, EU law, the work of specific international tribunals, and comparative studies of national systems of criminal law. Studies in International Law This series contains monographs on all aspects of public international law, embracing a broad range of approaches, from the technical and doctrinal to theoretical and speculative. Studies in Private International Law General Editors: Paul Beaumont and Jonathan Harris This series aims to include monographs, edited collections and shorter specialised works which reflect the wide intellectual and practical scope of private international law, providing academics and practitioners with a new source of original and innovative books on the perennial, as well as emerging, problems thrown up by international litigation. Studies in the History of Tax Law Current Editor: Peter Harris The books in this series bring together the papers from the Annual Cambridge Tax Law History Conference which are revised and reviewed for publication. Studies of the Oxford Institute of European and Comparative Law Editor: John Cartwright Board of Advisory Editors: Mark Freedland and Stephen Weatherill A series established by the Oxford Institute of European and Comparative Law as a forum for the dissemination of its research. Both European and comparative law are understood in the broadest sense, and a particular emphasis is placed on the specific intersection of the two disciplines. Swedish Studies in European Law Studies in International Trade Law This series offers a forum for publication of original and scholarly analyses of emerging and significant issues in international trade law - broadly understood to include the whole of the law of the WTO, EU external trade law, other regional trade regimes and sub-regimes. The series aims to produce works which will be readily accessible to trade law scholars and practitioners alike. Studies in Penal Theory and Penal Ethics General Editor: Andrew von Hirsch Volumes in the series concentrate on new and controversial aspects of crime prevention, crime control and punishment. Each of the volumes contains a blend of empirical studies and theoretical essays which aim to illuminate and challenge current dogmas and practices throughout the world. Editors: Nils Wahl and Per Cramér This annual publication, the work of the Swedish Network for European Legal Studies, acts as a forum for the publication of studies on European law by Swedish scholars. Each annual hardback volume of about 300 pages contains peer-reviewed articles aimed at spreading Swedish legal research on European law to a wide international 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. ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 11 E-books Almost all our books are now available in ebook format – either in adobe, or epub format, or both. Our website shows which ebook versions we currently have available for any particular book, and also enables customers to purchase these directly. E-books for individuals Individuals are now able to purchase a selection of our ebooks from the following outlets: • Hart Publishing Website • Kindle • Gardners • Google • Nook/Barnes and Noble • Apple • Kobo E-books for Libraries Libraries and Institutions can purchase our ebooks in pdf format, either individually or in collections and for perpetual ownership or short-term rental from: • Dawsonera • EBSCO • IGroup • Proquest (MyiLibrary, EBL, Ebrary) • Baobab • Kortext Libraries can also purchase our ebooks from BLOOMSBURY COLLECTIONS Collections BLOOMSBURY COLLECTIONS AT THE HEART OF RESEARCH Hart Publishing 2014 96 Hart Publishing 2015 87 Hart Publishing 2016 127 TM C.H. Beck · Hart · Nomos 2014 Bloomsbury Collections provide: BLOOMSBURY COLLECTIONS • Instant access to quality research from Bloomsbury’s award-winning Academic & Professional division and provides libraries with a flexible way to build eBook collections • Downloadable and printable chapter PDFs without DRM restriction • Unlimited access via IP authentication and other access models (eg Athens/Shibboleth) • MARC records, DOI at book and chapter level and usage stats including COUNTER4 12 No. of titles 4 C.H. Beck · Hart · Nomos 2015 7 C.H. Beck · Hart · Nomos 2016 13 Comparative Law, Legal History and Legal Studies 47 Competition Law 48 Constitutional and Administrative Law 72 Contract, Tort and Restitution 68 Corporate and Financial Law 29 Criminal Law and Justice 73 Energy, Environmental & Natural Resources Law 14 European Law 100 Family and Social Law 37 Human Rights Law 51 Intellectual Property Law 32 International Law 111 Labour & Discrimination Law 22 LIBRARIES: TO REGISTER FOR TRIALS, PRICE QUOTES AND MORE Legal Philosophy 60 Litigation & Civil Procedure 23 Visit www.bloomsburycollections.com Medical Law & Ethics 24 The Law of Property and Trusts 36 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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) ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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) ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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) ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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) ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 81 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available The Law-Making Process, 7th Edn, Zander Pbk 9781849465625 2015 £32 US$55 Inspection Copy Available 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 Inspection Copy Available Regulation, Ogus Pbk 9781841135304 2004 £29 US$58 Repairing British Politics, Gordon QC Pbk 9781849460491 2010 £20.99 US$41.99 Inspection Copy Available The Constitution of Singapore, Tan Pbk 9781849463966 2015 £18.95 US$33 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available The Constitution of the Russian Federation, Henderson Pbk 9781841137841 2011 £19.99 US$29.95 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available The Constitution of Canada, Webber Pbk 9781841133638 2015 £20.99 US$36 Inspection Copy Available The Constitution of China, Zhang Pbk 9781841137407 2012 £18.99 US$33 Inspection Copy Available The Constitution of Finland, Husa Pbk 9781841138541 2010 £22.99 US$45.99 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 83 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 85 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 87 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 89 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 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 91 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 Inspection Copy Available International Sales Law, 2nd Edn, Schwenzer, Fountoulakis, Dimsey Pbk 9781849463027 2012 £38.99 US$67 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available Discrimination Law, 2nd Edn, McColgan Pbk 9781841134840 2005 £34 US$68 Discrimination, Equality and the Law, McColgan Hbk 9781841134413 2014 £40 US$69 Inspection Copy Available 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 Inspection Copy Available Bewigged and Bewildered?, 2nd Edn, Kramer Pbk 9781849461641 2011 £16.99 US$33.99 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 93 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 94 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 95 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available Statutes on the Conflict of Laws, George, Dickinson Pbk 9781849463430 2015 £19.99 US$34 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 Inspection Copy Available The Principles of Personal Property Law, Sheehan Pbk 9781841133164 2011 £38.99 US$77.99 Inspection Copy Available 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 Inspection Copy Available An Introduction to the International Law of Armed Conflicts, Kolb, Hyde Pbk 9781841137995 2008 £36.99 US$73.99 Inspection Copy Available An Introduction to the Law of the United Nations, Kolb Pbk 9781841139371 2010 £29.99 US$59.99 Inspection Copy Available 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 Inspection Copy Available International Law, Mansell, Openshaw Pbk 9781849460972 2013 £17.99 US$31 Inspection Copy Available 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 Inspection Copy Available 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 97 Hart Publishing • Backlist 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available Law in a Complex State, Harris Pbk 9781849464451 2013 £26.99 US$46 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 Inspection Copy Available 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 Inspection Copy Available Religion, Race, Rights, Darian-Smith Pbk 9781841137292 2010 £20.99 US$41.99 Hart Publishing • Backlist 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Inspection Copy Available 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 Hbk 9781849460484 2010 £90 US$180 Studies in the History of Tax Law, Vol 5, Tiley Hbk 9781849462242 2011 £89.99 US$155 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 Cogan Hbk 9781849467988 2015 £90 US$155 The Political Economy of Corporation Tax, Snape Hbk 9781849460286 2011 £70 US$140 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 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 The Commercial Bar Association (COMBAR) 1989-2014 Moriarty35 The Protection of Legitimate Expectations in Administrative Law Sperr, Hohenlohe-Oehringen Weeks Soft Law and Public Authorities 25 The Common Law of Obligations Robertson, Tilbury The Public-Private Nature of Charity Law Chan28 Wegen, Barth, Spahlinger Corporate Laws of the World 16 The Right to Privacy in Employment Otto63 Weisenhaus, Young Media Law and Policy in the Internet Age 69 The Competitive Effects of Minority Shareholdings Fotis, Zevgolis 31 19 The Constitution of Chile Couso24 The Constitution of Pakistan Aziz24 The Constitution of Romania Selejan-Gutan23 The Constitution of Taiwan Yeh23 26 The Right to Say No Koshan38 The Role of the Solicitor-General Appleby27 The Rome Statute of the International Criminal Court Triffterer, Ambos 60 The Constitution of the United Kingdom Leyland23 The Rule of Law at the National and International Levels Kanetake, Nollkaemper The Constitutional Systems of the Independent Central Asian States Newton24 The Rule of Law, Freedom of Expression and Islamic Law Esmaeili, Irmgard, Rehman The Dynamics of Exclusionary Constitutionalism Masri26 The Safest Shield Judge55 72 75 The Single-Member Limited Liability Company (SUP) Kindler16 Wheatle Principled Reasoning in Human Rights Adjudication26 Wicks The State and the Body 56 Wood The Fall of the Priests and the Rise of the Lawyers 55 Wright Tort Law and Human Rights 32 WTO Retaliation Limenta62 Xu, Allain Property and Human Rights in a Global Context 57 The Emotional Dynamics of Law and Legal Discourse Conway, Stannard 78 The EU Charter of Fundamental Rights as a Binding Instrument de Vries, Bernitz, Weatherill The Social Function of Property and the Human Right to Security of Tenure in Latin America Osorio71 48 The State and the Body Wicks56 The European Banking Union Binder, Gortsos 53 Yamane Interpreting TRIPS 37 The Strategic Environmental Assessment Directive Jones, Scotford Yeh The Constitution of Taiwan 23 Zhang The Chinese Regulatory Licensing System 35 42 The European Social Charter and Employment Relations Bruun, Lörcher, Schömann, Clauwaert 64 The European Union and International Dispute Settlement Cremona, Thies, Wessel The Struggle in Online Copyright Enforcement Schmitz37 52 The Transformation of Enforcement Micklitz, Wechsler The European Union’s External Action in Times of Crisis Eeckhout, Lopez-Escudero 52 51 Theory of International Law Kolb76 Tinturé Legal Validity 66 Tjon Soei Len Minimum Contract Justice 35 The Foundations of Russian Law Muravyeva17 Tolhurst The Assignment of Contractual Rights 29 The Freedom of Peaceful Assembly in Europe Peters, Ley Tort Law and Human Rights Wright32 The Fall of the Priests and the Rise of the Lawyers Wood55 27 The Fundamental Right to Data Protection Tzanou36 The Fundamental Rights of Companies Oliver16 The History of Parliamentary Procedure Evans22 The Images of the Consumer in EU Law Leczykiewicz, Weatherill49 Torture, Inhumanity and Degradation under Article 3 of the ECHR Mavronicola56 Transitional Justice and its Public Spheres Brants, Karstedt74 Triffterer, Ambos The Rome Statute of the International Criminal Court 60 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 103 Inspection Copy Order Form The titles which are available on inspection are clearly marked with the above icon. We will be happy to send teachers up to three books thus marked, free of charge. In order to qualify for these books we need details of the course you are considering the text for and the number of students attending the course. When The titles which are available on inspection are clearly marked with the above icon. We will be happy to send teachers up to three books thus marked, free of you have reviewed the book we ask you to send us a brief report of its suitability for the course. We reserve the right not to send a book on inspection if we do not charge. In order to qualify for these books we need details of the course you are considering the text for and the number of students attending the course. When consider that it will be suitable for the course specified. Requests for inspection copies of other books will be declined. you have reviewed the book we ask you to send us a brief report of its suitability for the course. We reserve the right not to send a book on inspection if we do not consider that it will be suitable for the course specified. Requests for inspection copies of other books will be declined. Name and Address (please print) Name and Address (please print) Title Name Title Address Name Address City Postcode Country City Tel Postcode Email Country Tel Email Please send me the following book(s) on inspection: Please send me the following book(s) on inspection: 1 Title/Author 1 ITitle/Author would like to consider this book for the following course: ICourse would title like to consider this book for the following course: 2 2 Course Course title start date Probable number of students Course start date Current text(s) used Probable number of students Current text(s) used Title/Author Title/Author I would like to consider this book for the following course: ICourse would like titleto consider this book for the following course: 3 3 Course titledate Course start Probable number of students Course start date Current text(s) used Probable number of students Current text(s) used Title/Author ITitle/Author would like to consider this book for the following course: ICourse would title like to consider this book for the following course: Course Course title start date Probable number of students Course start date Current text(s) used Probable number of students Current text(s) used Before 25th April please Please return this form to: return this form to: Hart Publishing, 16c Worcester Place, Oxford, OX1 2JW, UK Publishing Please return thisLtd., form to: Tel: (0) 1865 517530 Fax: +44 (0) UK 1865 510710 E: [email protected] 16c Worcester Place, Oxford OX1 2JW, Hart+44 Publishing Ltd., Tel: +44 (0) 1865 517530 16c Worcester Place, Oxford OX1this 2JW,form UK to: After 25th April please return Fax:+44 +44(0) (0)1865 1865517530 510710 Tel: Hart Publishing, Kemp House, Chawley Park, Cumnor Hill, Oxford, OX2 9PH, UK Email: [email protected] Fax: +44 (0) 1865 510710 Tel: +44 (0) 1865 517530 Fax: +44 (0) 1865 727017 E: [email protected] Website: www.hartpub.co.uk Email: [email protected] Website: www.hartpub.co.uk Or email your request, providing the information above, to: [email protected] Or email your request, providing the information above, to: [email protected] 104 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com Hart Publishing Backlist Hart Publishing Backlist UK, and of World Order Form UK, Europe Rest of the World UK, Europe Europe and Rest Restand of the the World Order FormOrder Form Name and Address (please print) Name and Address (please print) Title Title Address Address City City Tel Tel Name Name Postcode Postcode Email Email Please send me the following: Please send me the following: Title/Author Title/Author ISBN ISBN Postage and Packing Postage and Packing UK UK Europe Europe Rest of World Rest of World Please add £3.50 per order, for total of under £25 Please £3.50 order, under £25 Postageadd is free forper orders of for £25total andof over Postage is free for orders of £25 and over Please add £4.50 per order + £1 per item Please Please add add £4.50 £7.50 per per order order + + £1 £1 per per item item Please add £7.50 per order + £1 per item Payment Payment Country Country Hbk/Pbk Hbk/Pbk Quantity Quantity Postage and Packing Total. . . . . . . . . . . . . . . . . . . . . Postage and Packing Total. . . . . . . . . . . . . . . . . . . . . GRAND TOTAL . . . . . . . . . . . . . . . . . . . . . GRAND TOTAL . . . . . . . . . . . . . . . . . . . . . Please charge to my credit card Mastercard Visa Please Mastercard Pleasecharge chargetotomy mycredit creditcard card MastercardVisa Access Visa Card Number Card Number Card Number Security Code Expiry Date / Expiry Date / Security Code Expiry Date / for £ Security Code made payable to Hart Publishing Ltd I enclose a cheque made payable to Hart Publishing Ltd I enclose a cheque for £ I enclose a cheque for £ made payable to Bloomsbury Publishing Plc Please return this form to: Please this(MDL), form to: Macmillanreturn Distribution Macmillan Distribution (MDL), Brunel Road, Brunel Road, Houndmills, Houndmills, Basingstoke, Basingstoke, RG21 6XS, UK RG21 6XS, UK UK ORDERS UK ORDERSDistribution Macmillan Macmillan Distribution Tel: +44 (0)1256 302692 Tel: +44 (0)1256 Fax: +44 (0)1256302692 812521 / 812558 Fax: +44 (0)1256 812521 / 812558 Email: [email protected] Email: [email protected] Price £ Price £ Access Amex Access Switch Issue No Switch Issue No EU AND ROW ORDERS EU AND ROW ORDERS Macmillan Distribution Macmillan Distribution Tel: +44 (0)1256 329242 Tel: Fax:+44 +44(0)1256 (0)1256329242 842084 Fax: +44 (0)1256 842084 Email: [email protected] Email: [email protected] ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 105 USA Order Form Name and Address (please print) Title Name Address City Zip Tel Email Country Please send me the following: Title/Author ISBN Hbk/Pbk Quantity Price $ Postage and Packing North America: US$5.99 for the first book and US$2.10 for each additional book North American orders should be sent to ISBS, with payment in US dollars. Postage and Packing Total . . . . . . . . . . . . . . . . . . . . GRAND TOTAL . . . . . . . . . . . . . . . . . . . . Payment Mastercard Visa Card Number Expiry Date / Please charge to my credit card I enclose a cheque for US$ American Express made payable to ISBS Please return this form to: ISBS (International (International Specialized OROR 97213-3786,USA ISBS SpecializedBook BookServices), Services),920 920NE NE58th 58thAvenue, Avenue,Suite Suite300, 300,Portland, Portland, 97213-3786,USA Tel: +1 503 287 3093 or Tel: +1 503 287 3093 or Toll-free +1 +1 800 800 944 944 6190 Toll-free 6190 Fax: +1 503 280 8832 Fax: +1 503 280 8832 Email: [email protected] [email protected] Email: Website: www.hartpublishingusa.com Website: www.isbs.com Australian and (see page 4 for details) Australian and Canadian Canadian Customers: Customers:Please Pleaseorder orderthrough throughHart HartPublishing’s Publishing’srelevant relevantdistributor distributor (see page 4 for details) 106 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com Notes ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com 107 Notes 108 ORDER ONLINE | www.hartpub.co.uk | US CUSTOMERS | www.isbs.com ISBN 9781509908004 Hart Publishing Ltd. is an Imprint of Bloomsbury Publishing plc www.hartpub.co.uk 9 781509 908004