55 minute read
Law - Hart
Constitution-Making
Edited by Ngoc Son Bui, University of Oxford, UK & Mara Malagodi, University of Warwick This is the first in a 4 volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. This volume explores the process and contents in the making of a new constitution, including the causes, processes, substance, and implantation. The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam.
UK May 2023 • US May 2023 • 528 pages HB 9781509949694 • £140.00 / $190.00 ePub 9781509949700 • £126.00 / $174.48 ePdf 9781509949717 • £126.00 / $174.48 Hart Publishing
Regulating the Crypto Economy
Business Transformations and Financialisation
Iris H-Y Chiu, University College London, UK This book focuses on the crypto economy as an alternative economic space and discusses how it should be governed. Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book proposes a blueprint for regulation in this dynamic landscape in order to meet a balance of public and private interest objectives. This forward-looking work argues for the extension of ‘regulatory capitalism’ to this perceived ‘wild west’ of an alternative economic space, and advances the message that a disruptive regulatory agenda is needed to account for the developments brought about by the crypto economy.
UK May 2023 • US May 2023 • 384 pages PB 9781509954490 • £44.99 / $60.95 Previously published in HB 9781509935741 ePub 9781509935765 • £81.00 / $112.65 ePdf 9781509935758 • £81.00 / $112.65 Series: Hart Studies in Commercial and Financial Law • Hart Publishing Adaptation in Context
Edited by Ying Khai Liew, University of Melbourne, Australia & Ying-Chieh Wu, Seoul National University, Korea In this book, leading legal scholars and practitioners from across the Asia-Pacific region probe the ways in which the trust structure has been adapted in order to meet specific needs of each jurisdiction. This region-wide perspective provides crucial insights into the common issues being faced. It shows how those jurisdictions have adapted the trust structure to meet a diverse set of needs, including social, religious, economic, commercial, or even historical needs. By making readers aware of the commonality of needs across the region, the book promotes coordination and cooperation in utilising trusts law to address shared concerns.
UK January 2023 • US January 2023 • 464 pages HB 9781509954605 • £110.00 / $150.00 ePub 9781509954612 • £99.00 / $137.39 ePdf 9781509954629 • £99.00 / $137.39 Hart Publishing
European Banking Union
Edited by Jens-Hinrich Binder, Eberhard Karls University of Tübingen, Germany, Christos V Gortsos, National and Kapodistrian University of Athens, Greece, Klaus Lackhoff, Frankfurt office of Freshfields, Germany & Christoph Ohler, Friedrich Schiller University, Germany This new commentary analyses, article by article, the two most important regulations on the European banking union: firstly, the Single Supervisory Mechanism with the ECB as the single supervisory authority for major banking institutions; and secondly, the Single Resolution Mechanism with the Single Resolution Fund as the centralized decision-making body in the eurozone.
UK June 2022 • 1280 pages HB 9781509963898 • £300.00 / $410 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
A Practitioner's Guide
Edited by Florian Kästle, Baker McKenzie, Germany & Carl Svernlöv, Baker McKenzie, Sweden This book provides practitioners with a guide for handling legal due diligence in international M&A transactions. In addition to the legal aspects, it looks at organizational aspects (composition of the team, cooperation of the parties, preparation by the seller), and the use of technological tools. The book covers specific areas such as corporate law, financing, real estate, commercial contracts, intellectual property, information technology, employees, environmental law, compliance, insurance, and tax. The detailed subject index also enables quick, targeted access.
UK September 2022 • US November 2022 • 512 pages HB 9781509965632 • £275.00 / $375.00 Beck/Hart/Nomos World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Diversity, Merit and Power in the C-Suite
Eleanore Hickman, University of Bristol, UK UK boardroom diversity has increased in recent years, but behind this success is a more uncomfortable truth. The most powerful positions remain stubbornly homogeneous. This book explores this phenomenon and connects it to the meaning and distribution of power, and the difficulties inherent in truly merit-based appointments. By looking at the constituents of the FTSE 100 C-suite, their backgrounds and the appointment policies of their respective institutions, a theory about why the C-suite has resisted diversification is advanced. In doing so, suggestions are made about how this stagnancy might be addressed.
UK May 2023 • US May 2023 • 272 pages HB 9781509946563 • £85.00 / $115.00 ePub 9781509946570 • £76.50 / $105.78 ePdf 9781509946587 • £76.50 / $105.78 Series: Contemporary Studies in Corporate Law • Hart Publishing
Edited by Elise Bant, The University of Western Australia This collection shows how restrictive and complex rules on attributing individual agents’ intentions and knowledge to the artificial person are rendering them not fit for purpose. Many traditional common law and equitable doctrines seek to prohibit and remedy commercial fraud. However, these concepts tend to demand high levels of proof of personal dishonesty or culpability on the part of defendants. Experts from private law, criminal law, and corporate law suggest what form this much needed reform should take. The collections looks at equity and tort law as well as exploring specific sectors such as pharmaceutical industry and the digital field.
UK May 2023 • US May 2023 • 544 pages HB 9781509952380 • £110.00 / $150.00 ePub 9781509952397 • £99.00 / $137.39 ePdf 9781509952403 • £99.00 / $137.39 Hart Publishing
Sceptical Perspectives on the Changing Constitution of the United Kingdom
Edited by Richard Johnson, Queen Mary University of London, UK & Yuan Yi Zhu, University of Oxford, UK This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It explores the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the ‘political’ constitution to a ‘legal’ one.
UK April 2023 • US April 2023 • 512 pages HB 9781509963706 • £100.00 / $135.00 ePub 9781509963713 • £90.00 / $125.02 ePdf 9781509963720 • £90.00 / $125.02 Hart Publishing
The Rule of Law in the United States
An Unfinished Project of Black Liberation
Paul Gowder, Northwestern University, USA This open access book traces the promise and paradox of the American rule of law by: - Explicating its ideals; - Considering the problem of race and the role of Black liberation movements in developing the American rule of law; and - Exploring how it is compromised at its frontiers, and how that undermines legal protections in the interior. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries.
UK June 2023 • US June 2023 • 288 pages PB 9781509954667 • £42.99 / $58.95 Previously published in HB 9781509939992 ePub 9781509940004 • £0.00 / $0.00 ePdf 9781509940011 • £0.00 / $0.00 Series: The Rule of Law in Context • Hart Publishing Jaakko Husa, University of Helsinki, Finland This textbook presents a clear and lively introduction to the study of comparative law. It provides students with in-depth analyses of the major global comparative methodologies and theories. It is written in an engaging and thought-provoking style to lead the student through the debates in comparative legal scholarship, both in the Western world and to lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies.
UK June 2023 • US June 2023 • 384 pages PB 9781509963560 • £33.99 / $46.95 • HB 9781509963607 • £110.00 / $150.00 ePub 9781509963577 • £30.59 / $42.58 ePdf 9781509963584 • £30.59 / $42.58 Hart Publishing
The Implementation of the CRPD in Federal Systems and Its Implications
Edited by Delia Ferri, Maynooth University, Ireland, Francesco Palermo, University of Verona, Italy & Giuseppe Martinico, Scuola Superiore Sant'Anna, Italy This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by federal systems around the world. It analyses the effects that the obligations undertaken by federal states under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in the UK, Italy, Germany, Canada, Brazil, and India. It considers the trends and patterns of disability rights governance in federal countries and looks at the future developments of comparative disability federalism.
UK June 2023 • US June 2023 • 464 pages HB 9781509962433 • £90.00 / $120.00 ePub 9781509962440 • £81.00 / $112.65 ePdf 9781509962457 • £81.00 / $112.65 Series: Hart Studies in Comparative Public Law • Hart Publishing
The Rule of Law Under Fire?
Raymond Wacks, University of Hong Kong (Emeritus) Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? This important book examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. It investigates 16 potential dangers, from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the ‘war on terror’, and the power of Big Tech. The author identifies which issues pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
UK October 2022 • US October 2022 • 256 pages PB 9781509950621 • £42.99 / $58.95 Previously published in HB 9781509950584 ePub 9781509950591 • £38.69 / $53.57 ePdf 9781509950607 • £38.69 / $53.57 Hart Publishing
Edited by Tarunabh Khaitan, University of Oxford, UK, Dinesha Samararatne, University of Melbourne, Australia & Swati Jhaveri, University of Oxford, UK This book presents an important contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan.
UK May 2023 • US May 2023 • 640 pages HB 9781509948857 • £85.00 / $115.00 ePub 9781509948864 • £76.50 / $105.78 ePdf 9781509948871 • £76.50 / $105.78 Hart Publishing World English Edited by Johanna Fröhlich, Pontifical Catholic University of Chile This book examines the jurisprudence of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the InterAmerican Court of Human Rights. By looking at the reason-giving practice by courts, the volume considers how Latin American courts justify their decisions, which is the precondition for constructive criticism and improvement. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases.
UK July 2023 • US July 2023 • 592 pages HB 9781509960170 • £120.00 / $160.00 ePub 9781509960187 • £108.00 / $149.75 ePdf 9781509960194 • £108.00 / $149.75 Series: Constitutionalism in Latin America and the Caribbean • Hart Publishing World All Languages (except Spanish)
Constitutionalism in Asia
Kevin YL Tan, National University of Singapore; Li-ann Thio, National University of Singapore
Constitutional Bricolage
Thailand's Sacred Monarchy vs. The Rule of Law
Eugénie Mérieau, University of Paris 1 PanthéonSorbonne, France Exploring the unique constitutional model in operation in Thailand, this book provides a comprehensive and critical account of the Thai ‘mixed constitutional monarchy’ from its origins to the present day. It investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand and considers the institutionalised nature of the Thai monarchy by studying its constitutional texts in light of local doctrine. These findings challenge commonly accepted claims about Thailand.
Constitutional Foundings in Northeast Asia
Edited by Kevin YL Tan, National University of Singapore & Michael Ng, University of Hong Kong This book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of ‘constitution-making’, which is an on-going process in the Northeast Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau (1993), Japan (1889), North Korea (1948 or 1972), South Korea (1948) and Mongolia (1924).
UK June 2023 • US June 2023 • 352 pages PB 9781509946815 • £32.99 / $44.95 Previously published in HB 9781509927692 ePub 9781509927708 • £58.50 / $81.05 ePdf 9781509927715 • £58.50 / $81.05 Series: Constitutionalism in Asia • Hart Publishing UK June 2023 • US June 2023 • 304 pages PB 9781509956746 • £42.99 / $58.95 Previously published in HB 9781509940189 ePub 9781509940196 • £76.50 / $105.78 ePdf 9781509940202 • £76.50 / $105.78 Series: Constitutionalism in Asia • Hart Publishing
Constitutional Systems of the World
Peter Leyland, SOAS, University of London, UK; Andrew Harding, National University of Singapore; Benjamin L Berger, York University, Canada; Rosalind Dixon, University of New South Wales, Australia; Heinz Klug, University of Wisconsin Law School, USA
The Constitution of Czechia
A Contextual Analysis
David Kosar & Ladislav Vyhnánek, Masaryk University, Czech Republic This important new addition to the Constitutional Systems of the World series focuses on the constitution of the Czech Republic. Providing a contextual look at Czech constitutionalism and its underlying social development, it shows how the system is built on liberal democratic values. The book introduces the reader to the key institutions and their constitutional design.
UK October 2022 • US October 2022 • 272 pages PB 9781509952823 • £41.99 / $57.95 Previously published in HB 9781509920532 ePub 9781509920549 • £37.79 / $52.20 ePdf 9781509920556 • £37.79 / $52.20 Series: Constitutional Systems of the World • Hart Publishing
The Constitution of the Russian Federation
A Contextual Analysis
Jane Henderson, The Dickson Poon School of Law, UK The book explores the Constitution’s evolution over its nearly 30 years’ existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia’s historical and legal development.
UK May 2023 • US May 2023 • 320 pages PB 9781509961917 • £41.99 / $57.95 Previously published in HB 9781509935574 ePub 9781509935581 • £76.50 / $105.78 ePdf 9781509935598 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing
Anna Dziedzic, The University of Hong Kong This book explores the use of foreign judges in courts of constitutional jurisdiction in the Pacific. The book focuses on the use of foreign judges in the 9 independent Commonwealth states of the Pacific: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication and face distinctive burdens on their independence.
UK June 2023 • US June 2023 • 264 pages PB 9781509942909 • £41.99 / $57.95 Previously published in HB 9781509942862 ePub 9781509942879 • £76.50 / $105.78 ePdf 9781509942886 • £76.50 / $105.78 Series: Hart Studies on Judging and the Courts • Hart Publishing
The Judicial Mind
A Festschrift for Lord Kerr of Tonaghmore
Edited by Brice Dickson, Queen’s University, Belfast, UK & Conor McCormick, Queen’s University, Belfast, UK This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Lord Kerr’s judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland.
UK June 2023 • US June 2023 • 432 pages PB 9781509944828 • £42.99 / $58.95 Previously published in HB 9781509944781 ePub 9781509944798 • £76.50 / $105.78 ePdf 9781509944804 • £76.50 / $105.78 Hart Publishing
International Construction Disputes
A Practitioner's Guide
Edited by Andreas J Roquette, CMS Hasche Sigle, Germany & Tom Christopher Pröstler, CMS Hasche Sigle, Germany This book focuses on the complexities of construction disputes and their resolution. The book covers dispute avoidance, alternative dispute resolution, arbitration, litigation, and evidence in construction disputes as well as future trends, such as the digitalised construction site and legal tech in construction disputes. It also examines construction disputes from an international perspective, giving insight into the common issues faced along the way.
UK September 2022 • US November 2022 • 512 pages HB 9781509957279 • £200.00 / $270.00 Beck/Hart/Nomos World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland) The Putney Debates 2019
Edited by DJ Galligan, University of Oxford, UK (Emeritus) Are the courts our friend or our foe? This book brings together a stellar line-up of contributors and contains papers from the prestigious Putney Debates (2019). It is split into 3 parts: Part 1 considers the case for judicial independence Part 2 looks at the question 'Is judicial independence under threat?' Part 3 reflects on whether judicial independence can be defended and protected.
UK May 2023 • US May 2023 • 336 pages PB 9781509952694 • £29.99 / $40.95 Previously published in HB 9781509940035 ePub 9781509940042 • £54.00 / $75.56 ePdf 9781509940059 • £54.00 / $75.56 Hart Publishing
Corruption from a Regulatory Perspective
Maria De Benedetto, Roma Tre University, Italy This book seeks to enrich and, in some cases, reverse current ideas on corruption and its prevention. It is a long held belief that sanctions are the best guard against corrupt practice. This innovative work argues that in some cases sanctions paradoxically increase corruption and that controls provide opportunities for corrupt transactions. Instead it suggests that better regulation and responsive enforcement, not sanctions, offer the most effective response to corruption. Taking both a theoretical and applied approach, it examines the question from a global perspective, drawing on a regulatory perspective in particular, to provide a model for tackling corrupt practices.
UK April 2023 • US April 2023 • 224 pages PB 9781509953257 • £41.99 / $57.95 Previously published in HB 9781509929214 ePub 9781509929221 • £76.50 / $105.78 ePdf 9781509929238 • £76.50 / $105.78 Hart Publishing
The Making of Consumer Law and Policy in Europe
Edited by Hans-W Micklitz, European University Institute, Italy This book analyses the founding years of consumer law and consumer policy in Europe. It reunites the early European protagonists: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field in a historical and sociological perspective. The book offers a unique opportunity to understand a legal and political field which plays a fundamental role in contemporary societies.
UK June 2023 • US June 2023 • 432 pages PB 9781509944873 • £44.99 / $60.95 Previously published in HB 9781509944835 ePub 9781509944842 • £85.50 / $118.15 ePdf 9781509944859 • £85.50 / $118.15 Hart Publishing
Peter Jaffey, University of Leicester, UK This book sets out a general approach to private law, covering contract, tort and private property. Identifying certain fundamental aspects of these areas, it illustrates how this approach can provide solutions to longstanding problems. It goes on to consider the nature of theories of law in order to make clear the sort of theory suggested. Furthermore, it looks at common law legal reasoning and how it is related to the suggested approach. This provides a unique way of thinking about private law and its role in dispensing justice which will be of interest to all those in the field.
UK August 2023 • US August 2023 • 240 pages HB 9781509953882 • £85.00 / $115.00 ePub 9781509953899 • £76.50 / $105.78 ePdf 9781509953905 • £76.50 / $105.78 Series: Hart Studies in Private Law • Hart Publishing
Economic Torts and Economic Wrongs
Edited by John Eldridge, Serle Court, UK, Michael Douglas, University of Western Australia & Claudia Carr, Herbert Smith Freehills, Australia This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff’s economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners.
UK June 2023 • US June 2023 • 360 pages PB 9781509954506 • £41.99 / $57.95 Previously published in HB 9781509934751 ePub 9781509934768 • £76.50 / $105.78 ePdf 9781509934775 • £76.50 / $105.78 Series: Hart Studies in Private Law • Hart Publishing
Property and Contract
Comparative Reflections on English Law and Spanish Law
Edited by John Cartwright, University of Oxford, UK & Ángel M López y López, University of Seville, Spain This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions, including France, Germany, and Austria. This provides readers with access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed.
UK May 2023 • US May 2023 • 264 pages PB 9781509954483 • £41.99 / $57.95 Previously published in HB 9781509929337 ePub 9781509929344 • £76.50 / $105.78 ePdf 9781509929351 • £76.50 / $105.78 Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing World All Languages (except Spanish)
Criminal Justice and the Ideal Defendant in the Making of Remorse and Responsibility
Edited by Stewart Field, Cardiff University, UK & Cyrus Tata, Strathclyde University, UK This book examines the normative expectations that criminal justice systems have of defendants: they should admit guilt, accept individual responsibility, and, in the process, show particular kinds of emotions, especially the authentic demonstration of remorse. It uses empirical research, including interviews with judicial officers and transcripts of in-court sentencing hearings, to explore why expressions of remorse are deemed to be important in decision-making. With 13 contributors from the UK, Australia, Canada, France, Denmark, the Netherlands, and Slovenia, the book comprises a diverse range of studies across different procedural and jurisdictional settings, opening up new comparative possibilities along the way.
UK April 2023 • US April 2023 • 336 pages HB 9781509939916 • £85.00 / $115.00 ePub 9781509939923 • £76.50 / $105.78 ePdf 9781509939930 • £76.50 / $105.78 Series: Oñati International Series in Law and Society • Hart Publishing
Transformations in Criminal Jurisdiction
Extraterritoriality and Enforcement
Edited by Micheál Ó Floinn, University of Glasgow, UK, Lindsay Farmer, University of Glasgow, UK, Julia Hörnle, Queen Mary University of London, UK & David Ormerod QC, University College London, UK This book, based on a series of papers presented at the 2021 WG Hart Legal Workshop, asks how the concept of jurisdiction can meet the challenges posed by transnational dimensions of criminal offences today. Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media. Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges.
UK June 2023 • US June 2023 • 336 pages HB 9781509954223 • £85.00 / $115.00 ePub 9781509954230 • £76.50 / $105.78 ePdf 9781509954247 • £76.50 / $105.78 Hart Publishing
Giulia Claudia Leonelli, Birkbeck, University of London, UK This book provides an innovative insight into the regulation of GMOs. It deconstructs 2 diametrically opposed transnational narratives on the governance of GMO risks, cutting across US law, EU law, WTO law and hybrid standard-setting regimes. Should risk managers make a convincing case that a product or process is safe enough for the relevant uncertain risks to be socially acceptable? The book combines a close analysis of regulatory frameworks and case law with a more encompassing perspective on the political, socio-economic and distributional implications of different approaches to the regulation of health and environmental risks at times of globalisation.
UK June 2023 • US June 2023 • 368 pages PB 9781509954445 • £42.99 / $58.95 Previously published in HB 9781509937387 ePub 9781509937394 • £76.50 / $105.78 ePdf 9781509937370 • £76.50 / $105.78 Hart Publishing
EU Environmental Principles and Scientific Uncertainty before National Courts
The Case of the Habitats Directive
Edited by Mariolina Eliantonio, Maastricht University, the Netherlands, Emma Lees, European University Institute, Italy & Tiina Paloniitty, University of Helsinki, Finland This book explores how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives—the core of EU nature conservation law—are usually seen as the most ‘uniform’ parts of EU environmental law. The book analyses the case law from 11 current and former EU Member States’ courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty and EU environmental principles vary. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.
UK April 2023 • US April 2023 • 448 pages HB 9781509948192 • £85.00 / $115.00 ePub 9781509948208 • £76.50 / $105.78 ePdf 9781509948215 • £76.50 / $105.78 Hart Publishing
Equity Today
150 Years After the Judicature Reforms
Edited by Steven Elliott QC, One Essex Court, UK & Ben McFarlane, University of Oxford, UK This book presents a clear picture of the operation of equity today across the common law world, focusing on specific equitable principles and doctrines. Expert contributors take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.
UK June 2023 • US June 2023 • 448 pages HB 9781509960071 • £100.00 / $135.00 ePub 9781509960088 • £90.00 / $125.02 ePdf 9781509960095 • £90.00 / $125.02 Hart Publishing
Regulation, Innovation and Competition in Pharmaceutical Markets
A Comparative Study
Margherita Colangelo, Roma Tre University, Italy This book provides a comprehensive and interdisciplinary study of the pharmaceutical market. It firstly focuses on the understanding of this market as an emblematic example of the development of the global regulatory process. This is enhanced by its comparative approach, studying the laws of the EU and the US, as well as the international dimension. By taking this approach, the book tracks convergences and divergences, as well as the rule-making and reform process driven by political and legal actors. The study then explores the fundamental and inextricable relationship between regulation, intellectual property, competition laws, trade regulation and public health.
UK May 2023 • US May 2023 • 336 pages HB 9781509965519 • £85.00 / $115.00 ePub 9781509965526 • £76.50 / $105.78 ePdf 9781509965533 • £76.50 / $105.78 Series: Hart Studies in Law and Health • Hart Publishing
Rahmi Kopar, Ankara Yildirim Beyazit University, Turkey This book offers a new perspective on the stability concept in international energy investments. Offering detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, the book argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. The book will be useful to scholars and practitioners interested in international energy law, investment treaty arbitration, and international investment law.
UK April 2023 • US April 2023 • 304 pages PB 9781509952076 • £42.99 / $58.95 Previously published in HB 9781509938384 ePub 9781509938407 • £76.50 / $105.78 ePdf 9781509938391 • £76.50 / $105.78 Series: Global Energy Law and Policy • Hart Publishing
The Two Dimensions of an Uneasy Relationship
Francesco Montanaro, Office of the President of the Italian Republic This book explores the interaction between the EU and international investment law, both within the EU internal market and externally. The book shows that the EU has assumed an ostensibly ambivalent attitude towards international investment law and finds that beneath this ambivalence ultimately lies the EU’s attempt to impose its own original model of regulation. It then argues that the EU adopted this approach to support its internal market, enhance its external influence, and, ultimately, pursue long-term ‘federal aspirations’. Finally, the book identifies the obstacles that have curtailed the EU’s efforts at both the internal and external level.
UK April 2023 • US April 2023 • 240 pages HB 9781509963805 • £85.00 / $115.00 ePub 9781509963812 • £76.50 / $105.78 ePdf 9781509963829 • £76.50 / $105.78 Series: Studies in International Trade and Investment Law • Hart Publishing
Building the European Union
The Jurist’s View of the Union’s Evolution
Edited by Koen Lenaerts, European Court of Justice, Luxembourg, Nuno Piçarra, European Court of Justice, Luxembourg, Carla Farinhas, European Court of Justice, Luxembourg, Alessandro Marciano, European Court of Justice, Luxembourg & Frédérique Rolin, European Court of Justice, Luxembourg This collections assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/ internal market/free movement of persons and judicial review), leading scholars assess his legacy.
UK April 2023 • US April 2023 • 288 pages PB 9781509953516 • £49.99 / $67.95 Previously published in HB 9781509930845 ePub 9781509930852 • £90.00 / $125.02 ePdf 9781509930869 • £90.00 / $125.02 Hart Publishing
The EU Law of Investment
Past, Present, and Future
Edited by Xavier Groussot & Marja-Liisa Öberg, Lund University, Sweden & Graham Butler, Aarhus University, Denmark This open access book investigates, analyses, and discusses the emerging issues of investment and the EU legal order. Leading scholars, civil servants and practitioners assess the implications of Europe's shift to a protectionist stance on investment, taking a four part approach of framing investment, arbitration, sustainability, and future developments. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Swedish Studies Network.
Rule of Law in the EU
30 Years After the Fall of the Berlin Wall
Edited by Antonina Bakardjieva Engelbrekt, Stockholm University, Sweden, Andreas Moberg, University of Gothenburg, Sweden & Joakim Nergelius, University of Örebro, Sweden This collection looks at the key changes in the last 30 years in the European Union since the fall of the Berlin Wall and assesses its success at responding to them. Given how the world has evolved since then, now marks a natural moment of stock-taking and assessing. The European Union, as much as any institution, could benefit from such introspection. The book brings together a team of experts to give a reasoned verdict on topics such as accession, the enlarged Union, enforcement, and uncertainty in the European project.
UK June 2023 • US June 2023 • 368 pages HB 9781509965854 • £85.00 / $115.00 ePub 9781509965861 • £0.00 / $0.00 ePdf 9781509965878 • £0.00 / $0.00 Series: Swedish Studies in European Law • Hart Publishing UK June 2023 • US June 2023 • 392 pages PB 9781509954650 • £41.99 / $57.95 Previously published in HB 9781509941599 ePub 9781509941605 • £76.50 / $105.78 ePdf 9781509941612 • £76.50 / $105.78 Series: Swedish Studies in European Law • Hart Publishing
Data Protection, Migration and Border Control
The GDPR, the Law Enforcement Directive and Beyond
Teresa Quintel, Maastricht European Centre on Privacy and Cybersecurity, the Netherlands This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments on both the national and EU levels. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to risk faced by national enforcement agencies. The scope of processing data by law enforcement, border control, migration management and asylum, give this book broad appeal.
UK November 2022 • US November 2022 • 288 pages HB 9781509959631 • £85.00 / $115.00 ePub 9781509959648 • £76.50 / $105.78 ePdf 9781509959655 • £76.50 / $105.78 Series: Hart Studies in European Criminal Law • Hart Publishing
Religious Accommodation and its Limits
Farrah Raza, University of Oxford, UK This book offers an original model of religious accommodation which can be applied in practice in secular liberal democracies where religious diversity continues to pose various challenges. Firstly, the book makes a case for religious accommodation by addressing the key normative challenges raised by religious claims. Secondly, it offers a typology of how religious claims can be managed and limited through the careful balancing of competing interests. The author draws on case study examples from jurisdictions subject to the European Court of Human Rights and the European Union’s Court of Justice such as the UK, Germany and France.
UK April 2023 • US April 2023 • 272 pages HB 9781509937103 • £85.00 / $115.00 ePub 9781509937110 • £76.50 / $105.78 ePdf 9781509937127 • £76.50 / $105.78 Hart Publishing
Responsive Human Rights
Vulnerability, Ill-treatment and the ECtHR
Corina Heri, University of Zurich, Switzerland This book assesses the treatment of vulnerability by the European Court of Human Rights, an underexplored area by European human rights law. It explores legal-philosophical understandings of the topic, providing a theoretical framework useful for examining the question of vulnerability. It provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court’s approach under Art. 3 ECHR, paying particular attention to the article's understanding of human dignity. The open access edition of this book is available under a CC BY-NCND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.
UK May 2023 • US May 2023 • 264 pages PB 9781509954476 • £41.99 / $57.95 Previously published in HB 9781509941230 ePub 9781509941247 • £0.00 / $0.00 ePdf 9781509941254 • £0.00 / $0.00 Series: Modern Studies in European Law • Hart Publishing
Human Rights Challenges to European Migration Policy
The REMAP Study
Jürgen Bast, Justus Liebig University Giessen, Germany, Frederik von Harbou, Ernst Abbe University Jena, Germany & Janna Wessels, Vrije Universiteit Amsterdam, The Netherlands The open access version of this title can be found at https://doi.org/10.5771/9783748926740 European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names urgent challenges, develops the relevant legal standards and makes proposals for reform. Problem areas include access to asylum in the EU, freedom of movement for migrants, the ban on discrimination based on residence status and the public and civil society infrastructure to defend human rights.
UK September 2022 • US October 2022 • 304 pages HB 9781509964864 • £100.00 / $135.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
A Genre-by-Genre Analysis
Edited by Enrico Bonadio, City, University of London, UK & Chen Wei Zhu, University of Birmingham, UK This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions influence, or are influenced by, time-honoured creative borrowing practices. Leading experts from around the world scrutinise a carefully selected range of musical genres; and this genre-specific analysis is preceded by a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, copyright’s struggle with musical genres and the typology of music borrowing practice under different generic conventions.
UK June 2023 • US June 2023 • 704 pages HB 9781509949380 • £140.00 / $190.00 ePub 9781509949397 • £126.00 / $174.48 ePdf 9781509949403 • £126.00 / $174.48 Hart Publishing
Public Health Crisis Management and Criminal Liability of Governments
A Comparative Study of the COVID-19 Pandemic
Edited by Michael Bohlander, Durham Law School, UK, Gerhard Kemp, University of Derby, UK & Mark Webster, Organization for Security and Cooperation in Europe This book argues that given the significance of strategic failings in responding to COVID-19, criminal liability might well come into play. It suggests potential avenues for such liability, particularly for causing bodily harm and death. Meticulously charting the responses from Europe, Africa, the Middle East, Asia, North America and Latin America, it sets out each country’s response, infection rates and casualties. It then looks at the applicable criminal law and how acts or omissions might be analysed within that particular legal framework. This important book sets benchmarks for evaluating governments’ response to any such future crisis.
UK June 2023 • US June 2023 • 432 pages HB 9781509946310 • £90.00 / $120.00 ePub 9781509946327 • £81.00 / $112.65 ePdf 9781509946334 • £81.00 / $112.65 Hart Publishing Supplementary Protection Certificates, Orphan Drugs, Paediatric Extensions and ATMPs
Frantzeska Papadopoulou, Stockholm University, Sweden This book analyses 4 central pieces of EU pharmaceutical regulation: the Orphan Drugs Regulation, the Paediatric Regulation, the Supplementary Protection Certificate Regulation, and the ATMP Regulation. The book guides the reader through the latest case law and legislative developments and discusses how these influence strategic legal and business choices in the pharmaceutical industry. It brings to the forefront the often-overlooked significance of the legislative architecture of the EU pharmaceutical regulatory framework, and evaluates its results through the lens of the efficiency test.
UK April 2023 • US April 2023 • 368 pages PB 9781509950324 • £44.99 / $60.95 Previously published in HB 9781509950287 ePub 9781509950294 • £81.00 / $112.65 ePdf 9781509950300 • £81.00 / $112.65 Hart Publishing
Principles of Chinese Criminal Procedure
Liling Yue, China University of Political Science and Law This book presents a useful history and timeline of criminal procedure legislation in China. It first discusses the status of Human Rights Conventions and challenges resulting from human rights standards for Chinese criminal procedural law and practice. It then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPC and the Supreme People’s Court.
UK May 2023 • US May 2023 • 248 pages PB 9781509953998 • £41.99 / $57.95 Previously published in HB 9781509934911 ePub 9781509934928 • £76.50 / $105.78 ePdf 9781509934935 • £76.50 / $105.78 Series: Studies in International and Comparative Criminal Law • Hart Publishing
Public Procurement Regulation in (a) Crisis?
Global Lessons from the COVID-19 Pandemic
Edited by Sue Arrowsmith, University of Nottingham, UK, Luke RA Butler, University of Nottingham, UK, Annamaria La Chimia, University of Nottingham, UK & Christopher Yukins, George Washington University, USA This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, the book explores the adequacy of traditional legal frameworks for emergency procurement; examines how governments and international organisations have responded specifically to the pandemic; and considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly.
UK April 2023 • US April 2023 • 560 pages PB 9781509943074 • £44.99 / $60.95 Previously published in HB 9781509943036 ePub 9781509943043 • £85.50 / $118.15 ePdf 9781509943050 • £85.50 / $118.15 Hart Publishing
The issue of images
Edited by Thomas Dreier, Information Society at the Karlsruhe Institute of Technology (KIT), Germany & Tiziana Andina, University of Turin, Italy Can there even be an applied ethics of digital images? What content could such a normative ethics have? And finally: What is the relationship between ethics and the law of digital images? This book collects contributions of an interdisciplinary German-Italian conference in the Villa Vigoni funded by the DFG to explore the ethical questions raised by digital images.
UK July 2022 • US September 2022 • 432 pages HB 9781509964147 • £110.00 / $150.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Data Protection and Privacy, Volume 14
Enforcing Rights in a Changing World
Edited by Dara Hallinan, FIZ Karlsruhe – Leibniz Institute for Information Infrastructure, Germany, Ronald Leenes, Tilburg University, the Netherlands & Paul De Hert, Vrije Universiteit Brussel, Belgium This is a new volume in the Computers, Privacy and Data Protection series, collecting a selection of papers from the 14th CPDP Conference (2021). As a world-leading multidisciplinary conference, CPDP offers the cutting edge in legal, regulatory, academic, and technological development in privacy and data protection. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and enforcing rights in the world during and after the pandemic. Topics covered include digital sovereignty, expectations of privacy and the European Court of Human Rights, and the EU Digital COVID Certificate framework.
UK June 2023 • US June 2023 • 336 pages PB 9781509954551 • £27.99 / $37.95 Previously published in HB 9781509954513 ePub 9781509954520 • £49.50 / $68.69 ePdf 9781509954537 • £49.50 / $68.69 Series: Computers, Privacy and Data Protection • Hart Publishing
Shakespeare's Strangers and English Law
Paul Raffield, University of Warwick, UK Through analysis of 5 plays by Shakespeare, Paul Raffield examines what it meant to be a ‘stranger’ to English law in the late Elizabethan and early Jacobean period. The numbers of strangers increased dramatically in the late sixteenth century, as refugees fled religious persecution in continental Europe and sought sanctuary in Protestant England. This is the third sole-authored book by Paul Raffield on the subject of Shakespeare and the Law. The others are Shakespeare’s Imaginary Constitution: Late Elizabethan Politics and the Theatre of Law (2010) and The Art of Law in Shakespeare (2017), both published by Hart/ Bloomsbury.
UK January 2023 • US January 2023 • 304 pages HB 9781509929849 • £85.00 / $115.00 ePub 9781509929856 • £76.50 / $105.78 ePdf 9781509929863 • £76.50 / $105.78 Hart Publishing Translating Theory into Practice
Edited by Gary Chan Kok Yew, Singapore Management University & Man Yip, Singapore Management University This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region in light of their differing circumstances, challenges and national interests. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and private law, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.
UK April 2023 • US April 2023 • 368 pages PB 9781509946822 • £44.99 / $60.95 Previously published in HB 9781509946839 ePub 9781509946846 • £81.00 / $112.65 ePdf 9781509946853 • £81.00 / $112.65 Hart Publishing
Migrant Domestic Workers in Europe
Law and the Construction of Vulnerability
Vera Pavlou, University of Glasgow, UK This book explores the often neglected, but overwhelmingly common, everyday vulnerability of paid domestic workers in Europe and beyond. It investigates the role of law in producing, reinforcing – or, alternatively, attenuating – vulnerability to exploitation. Unlike more traditional human rights approaches that focus on extreme abuse such as trafficking, the book considers the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes, such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work.
UK June 2023 • US June 2023 • 240 pages PB 9781509942411 • £42.99 / $58.95 Previously published in HB 9781509942374 ePub 9781509942381 • £76.50 / $105.78 ePdf 9781509942398 • £76.50 / $105.78 Hart Publishing
Reconciling Freedom and Discrimination
Alex Deagon, Queensland University of Technology, Australia The book examines the US, UK and Australia, analysing their legal frameworks and theoretical approaches to religious freedom and discrimination. It develops a new principled framework for the autonomy of religious communities which reconciles religious freedom and discrimination. Rather than starting from a point of conflict, the book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.
UK February 2023 • US February 2023 • 224 pages HB 9781509950638 • £85.00 / $115.00 ePub 9781509950645 • £76.50 / $105.78 ePdf 9781509950652 • £76.50 / $105.78 Hart Publishing
Metamorphoses of Global Law
On the Interaction of Law, Time, and Technology
Ricardo Resende Campos This book takes an interdisciplinary approach to the relationship between law, time, and new technologies to explain the emergence and transformation of global law, with a special focus on platform economy. It describes the 'metamorphoses of global law' on the basis of an experimental understanding of legal theory that looks beyond the systematisation of dogmatic categories, the reproduction of prefabricated theories. The book offers a novel and sound theoretical approach to the formation of society within a highly digitalised and platform-oriented world, conjugating the work of several authors, including Niklas Luhmann, Gunther Teubner, Carl Schmitt, Jürgen Habermas, and Lawrence Lessing.
UK May 2023 • US May 2023 • 240 pages HB 9781509963454 • £85.00 / $115.00 ePub 9781509963461 • £76.50 / $105.78 ePdf 9781509963478 • £76.50 / $105.78 Series: European Academy of Legal Theory Series • Hart Publishing World All Languages (except German/Portuguese)
The Nature and Impacts of Noncompliance
Edvaldo Moita, Fluminense Federal University, Brazil This book explores the legal implications of the global informal economy in which over 2 billion people work (61% of the world’s employed population). It considers the phenomenon of informality and the functioning of the legal system in contexts where noncompliance is widespread. Focusing on street vending in Brazil, the book provides an account of the phenomenon’s legal nature, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive.
UK June 2023 • US June 2023 • 224 pages HB 9781509966240 • £85.00 / $115.00 ePub 9781509966257 • £76.50 / $105.78 ePdf 9781509966264 • £76.50 / $105.78 Series: European Academy of Legal Theory Series • Hart Publishing World All Languages (except Portuguese)
Hart, Fuller, and Everything After
The Politics of Legal Theory
Allan C Hutchinson, York University, Canada More than enough has been said about the HartFuller debate than can be considered healthy or productive, even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion.
UK February 2023 • US February 2023 • 320 pages HB 9781509965205 • £85.00 / $115.00 ePub 9781509965212 • £76.50 / $105.78 ePdf 9781509965229 • £76.50 / $105.78 Hart Publishing
The Law between Objectivity and Power
Edited by Philip Maximilian Bender, MaxPlanck-Institute for Tax Law and Public Finance, Germany This volume examines the tension between objectivity and power and asks whether law is an instrument of power or a control on it? It takes a dual perspective, offering both a theoretical perspective and a practical one, which focuses on positive law. In addition, it is truly global in approach and shines an interdisciplinary light on the question. This is an innovative, fresh take on the relationship between law and power.
UK July 2022 • US August 2022 • 464 pages HB 9781509962655 • £130.00 / $175.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
New Essays on the Fish-Dworkin Debate
Edited by Thomas Bustamante, Federal University of Minas Gerais, Brazil & Margaret Martin, Western University, Canada This book considers the seminal debate in contemporary jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law.
UK May 2023 • US May 2023 • 528 pages HB 9781509961795 • £100.00 / $135.00 ePub 9781509961801 • £90.00 / $125.02 ePdf 9781509961818 • £90.00 / $125.02 Series: Law and Practical Reason • Hart Publishing
Trust Matters
Cross-Disciplinary Essays
Edited by Raquel Barradas de Freitas, University of Oxford, UK & Sergio Lo Iacono, Utrecht University, the Netherlands This book examines the role of trust in public life. It contributes to a more nuanced understanding of certain fundamental concepts in political and legal theory, such as authority, power, social practice, the rule of law, and justice by furnishing and sharpening our concepts of trust and trustworthiness. Bringing together contributors from across the social, cognitive, historical, and political sciences, the book opens up inquiries into central concepts in legal theory as well as new approaches and methodologies. The interdisciplinary contributions analyse the notions of trust, trustworthiness, and distrust and apply them to address a variety of problems and questions.
UK June 2023 • US June 2023 • 304 pages PB 9781509955060 • £41.99 / $57.95 Previously published in HB 9781509935253 ePub 9781509935260 • £76.50 / $105.78 ePdf 9781509935277 • £76.50 / $105.78 Hart Publishing
Creating, Enhancing and Extending Human Life
Shaun D Pattinson, Durham University, UK How should judges and legislators address challenges arising at the frontiers of biomedicine? What if it became possible to edit the DNA of embryos for enhanced traits, gestate a fetus in an artificial womb, self-modify brain implants to provide new skills or bring a frozen human back to life? This book presents an innovative legal theory and applies it to future developments in biomedicine. It is applied by asking how a political leader or appeal court judge could address technological developments for which the current law of England and Wales would be ill-equipped to respond.
UK February 2023 • US February 2023 • 288 pages HB 9781509941070 • £85.00 / $115.00 ePub 9781509941094 • £76.50 / $105.78 ePdf 9781509941087 • £76.50 / $105.78 Hart Publishing
Treatment of Foreign Law in Asia
Edited by Kazuaki Nishioka, University of Zurich, Switzerland This is a one-stop reference guide on the treatment of foreign law in 15 Asian states, that is, how the courts in Asia deal with the proof of foreign law in court litigation. When a foreign law governs the substantive merits of a case, who bears the burden of proving the contents of relevant foreign law? How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? The book examines similarities and differences and puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states.
UK June 2023 • US August 2023 • 432 pages HB 9781509956555 • £130.00 / $175.00 ePub 9781509956562 • £117.00 / $162.12 ePdf 9781509956579 • £117.00 / $162.12 Series: Studies in Private International Law - Asia • Hart Publishing
The Common Law Jurisprudence of the Conflict of Laws
Edited by Sarah McKibbin, University of Southern Queensland, Australia & Anthony Kennedy, Serle Court Chambers, UK This book interrogates the historical and legal contexts of leading cases in private international law ranging from the 18th to the 21st century. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada and South Africa.
UK May 2023 • US May 2023 • 336 pages HB 9781509954278 • £90.00 / $120.00 ePub 9781509954285 • £81.00 / $112.65 ePdf 9781509954292 • £81.00 / $112.65 Hart Publishing Edited by William Day, University of Cambridge, UK & Louise Merrett, University of Cambridge, UK This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
UK June 2023 • US June 2023 • 512 pages HB 9781509952649 • £110.00 / $150.00 ePub 9781509952656 • £99.00 / $137.39 ePdf 9781509952663 • £99.00 / $137.39 Series: Landmark Cases • Hart Publishing
Alexander DJ Critchley, University of Edinburgh, UK This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. The work comparatively engages with the questions of procedure, determination and investigation as they affect the law in England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the question and looks at possible future reforms.
UK December 2022 • US December 2022 • 352 pages HB 9781509959587 • £85.00 / $115.00 ePub 9781509959594 • £76.50 / $105.78 ePdf 9781509959600 • £76.50 / $105.78 Series: Studies in Private International Law • Hart Publishing
Modern Studies in Property Law, Volume 12
Edited by Natalie Mrockova, University of Oxford, UK, Aruna Nair, University of Oxford, UK & Luke Rostill, University of Oxford, UK This book examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.
UK June 2023 • US June 2023 • 416 pages HB 9781509963669 • £120.00 / $160.00 ePub 9781509963676 • £108.00 / $149.75 ePdf 9781509963683 • £108.00 / $149.75 Series: Modern Studies in Property Law • Hart Publishing
The History of the Technology and Construction Court on Its 150th Anniversary
Rewriting the Rules
Edited by David Sawtell, 39 Essex Chambers, UK & Peter Coulson, Court of Appeal, UK This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration, and adjudication.
UK May 2023 • US May 2023 • 416 pages HB 9781509964178 • £100.00 / $135.00 ePub 9781509964185 • £90.00 / $125.02 ePdf 9781509964192 • £90.00 / $125.02 Hart Publishing
The International Law of the Sea
Donald R Rothwell, Australian National University, Australia & Tim Stephens, University of Sydney, Australia This long-awaited new edition gives a contemporary account of the international law of the sea, invaluable to both student and teacher. Replicating the rigour that defined previous editions, it opens with a general overview of the subject, its foundations and guiding principles. It then explores key sectors from navigational rights, military activities at sea, marine resources and fisheries. Reflecting current preoccupations of the field, it has significantly expanded its discussion on climate change and environmental concerns, as well as the strategic role of islands. Put simply, this is a book that no serious student of the subject can be without.
UK June 2023 • US July 2023 • 768 pages PB 9781509958382 • £49.99 / $67.95 ePub 9781509958399 • £44.99 / $61.82 ePdf 9781509958405 • £44.99 / $61.82 Hart Publishing
Creation and Implementation of a Multilateral Investment Court
Julian Scheu, University of Cologne, Germany This book covers key elements of the MIC proposal, such as the institutional framework of the court, the design of an appeals mechanism, the use of classlaw settlement procedures, and the establishment of an advisory center for developing countries. It also explores the following questions: How can the MIC be integrated into the existing ISDS system? How can the implementation of its decisions be ensured? Each chapter highlights the legal issues to be discussed and places them in a larger context to provide an understanding of the core questions and how they are related to each other.
UK July 2022 • US September 2022 • 322 pages HB 9781509964369 • £100.00 / $135.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland) David Cowan, University of Bristol, UK, Lorna Fox O'Mahony, University of Essex, UK & Neil Cobb, University of Manchester, UK An ambitious and engaging introduction to the more advanced writings on land law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. This edition illustrates the contemporary debates which are currently going on among those working in and shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
UK May 2023 • US May 2023 • 256 pages PB 9781509962754 • £32.99 / $44.95 • HB 9781509962761 • £98.99 ePub 9781509962785 • £29.69 / $41.21 ePdf 9781509962792 • £29.69 / $41.21 Series: Great Debates in Law • Hart Publishing
Edited by Bríd Ní Ghráinne, Maynooth University, Ireland, James Gallen, School of Law and Government at Dublin City University, Ireland & Richard Collins, University College Dublin, Ireland The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.
UK April 2023 • US April 2023 • 320 pages HB 9781509966295 • £195.00 / $265.00 ePub 9781509966301 • £175.50 / $241.81 ePdf 9781509966318 • £175.50 / $241.81 Series: Irish Yearbook of International Law • Hart Publishing
South-South Migrations and the Law from Below
Case Studies on China and Nigeria
Oreva Olakpe, Ryerson University, Canada This book explores the experiences of people in the Global South as they encounter the impact of international law, looking specifically at approaches to international migrations and the law. The case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law.
UK April 2023 • US April 2023 • 272 pages HB 9781509958184 • £85.00 / $115.00 ePub 9781509958191 • £76.50 / $105.78 ePdf 9781509958207 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing
A Critical Appraisal
Pierfrancesco Rossi, Luiss University, Rome, Italy This book brings clarity to international law regulating jurisdictional immunities in employment matters. Three main arguments lie at its core. Firstly, it challenges the belief that international immunity law requires staff disputes be subject to immunity. Secondly, it argues that welldefined standards of limited immunity applicable to employment litigation against states, IOs, and diplomatic/consular agents, can be identified. Thirdly, it argues that the interaction between the applicable immunity rules and rules of international human rights law results in a legal regime that provides protection to employees while safeguarding employers. This is a much needed study into an underresearched field.
UK June 2023 • US June 2023 • 296 pages PB 9781509953011 • £41.99 / $57.95 Previously published in HB 9781509952977 ePub 9781509952984 • £76.50 / $105.78 ePdf 9781509952991 • £76.50 / $105.78 Hart Publishing
The Limits of Private Governance
Norms and Rules in a Mediterranean Fishery
Florian Grisel, University of Oxford, UK Is there a future for the law? This book addresses one of the most fascinating questions raised by social scientists in the past few decades. Since the 1980s, socio-legal scholars have argued that governance through social networks (or 'private governance') offers an alternative to regulation by the law. This book supplements this optimistic analysis by assessing the longterm efficiency of a private order in the fishery of Marseille. Based on archival evidence, interviews and ethnographic data, the book provides an evolutionary account of private governance, and casts light on forces that disrupt the functioning of private orders as governance entities.
UK April 2023 • US April 2023 • 224 pages PB 9781509953981 • £42.99 / $58.95 Previously published in HB 9781509938148 ePub 9781509938162 • £76.50 / $105.78 ePdf 9781509938155 • £76.50 / $105.78 Hart Publishing World All Languages (except French)
Tax Law in Times of Crisis and Recovery
Edited by Dominic de Cogan, University of Cambridge, UK, Alexis Brassey, University of Cambridge, UK & Peter Harris, University of Cambridge, UK This book examines the relationship between tax law and crisis. In times of environmental, financial, and public health breakdown, policymakers look to tax for solutions. Yet these crises constrain the ways in which tax liabilities can be imposed and administered, and limit the revenues that can be collected. What should governments do in these circumstances and what are the wider consequences for states, societies, and institutions? These issues are highlighted by COVID-19 but are of utmost lasting importance. Featuring an impressive cast of leading researchers across multiple jurisdictions, the book is essential for policymakers and scholars alike.
UK May 2023 • US May 2023 • 400 pages HB 9781509958030 • £85.00 / $115.00 ePub 9781509958047 • £76.50 / $105.78 ePdf 9781509958054 • £76.50 / $105.78 Hart Publishing Edited by Tuomas Tiittala, University of Helsinki, Finland This book honours and strengthens 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.
UK June 2023 • US June 2023 • 168 pages PB 9781509954414 • £69.99 / $94.95 Previously published in HB 9781509954377 ePub 9781509954384 • £126.00 / $174.48 ePdf 9781509954391 • £126.00 / $174.48 Series: Finnish Yearbook of International Law • Hart Publishing
Responding to Complex Global Challenges
Edited by Jessie Hohmann, University of Technology Sydney, Australia & Beth Goldblatt, University of Technology Sydney, Australia What does the right to the continuous improvement of living conditions really mean and how can it contribute to social change? This book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, and asks what exactly is covered by ‘living conditions’. It locates the right within broader philosophical and political debates and considers its application to issues of gender and care, whilst also assessing the challenges to its realisation. The book includes chapters from 13 legal scholars working across 5 continents, and a foreword by Sandra Liebenberg.
UK May 2023 • US May 2023 • 288 pages PB 9781509947874 • £42.99 / $58.95 Previously published in HB 9781509947836 ePub 9781509947843 • £76.50 / $105.78 ePdf 9781509947850 • £76.50 / $105.78 Series: Oñati International Series in Law and Society • Hart Publishing
EU Tax Law
A Handbook
Juliane Kokott, Court of Justice of the European Union, Luxembourg This book analyses the tax law of the European Union, which has developed in the space between the national legal orders of the Member States and the international regime. The author considers the whole body of tax law: general principles applicable to both direct and indirect taxation, the principle of equality and its influence on the basic freedoms and the prohibition of state aid, the principles of neutrality, taxpayers' fundamental rights, the justifications of infringements, secondary legislation in direct taxes and details of the Union's VAT law and excise taxes.
UK August 2022 • US October 2022 • 800 pages HB 9781509964741 • £275.00 / $375.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
