Law - Hart Textbooks Catalogue 2021

HART PUBLISHING Textbooks 2021

CONTENTS Banking & Financial Law ����������������������������������������������������������������������������������������������������������������� 4 Company, Corporate & Commercial Law ��������������������������������������������������������������������������������������� 4 Comparative Law ���������������������������������������������������������������������������������������������������������������������������� 5 Competition Law ���������������������������������������������������������������������������������������������������������������������������� 6 Constitutional & Administrative Law ���������������������������������������������������������������������������������������������� 7 Consumer Law �������������������������������������������������������������������������������������������������������������������������������� 9 Contract, Tort & Restitution Law ����������������������������������������������������������������������������������������������������� 9 Criminal Law & Criminology ��������������������������������������������������������������������������������������������������������� 12 Energy, Environmental & Natural Resources Law ������������������������������������������������������������������������� 13 Equity & Trusts Law ���������������������������������������������������������������������������������������������������������������������� 14 European Law ������������������������������������������������������������������������������������������������������������������������������� 14 Family Law ������������������������������������������������������������������������������������������������������������������������������������ 16 Gender & the Law ������������������������������������������������������������������������������������������������������������������������ 16 General Law ���������������������������������������������������������������������������������������������������������������������������������� 16 Human Rights Law ������������������������������������������������������������������������������������������������������������������������ 17 Insurance Law ������������������������������������������������������������������������������������������������������������������������������� 18 Intellectual Property Law �������������������������������������������������������������������������������������������������������������� 18 International Economic & Trade Law �������������������������������������������������������������������������������������������� 19 International Investment Law ������������������������������������������������������������������������������������������������������� 19 IT & Technology Law �������������������������������������������������������������������������������������������������������������������� 20 Labour & Discrimination Law �������������������������������������������������������������������������������������������������������� 20 Law & Humanities ������������������������������������������������������������������������������������������������������������������������� 21 Legal Education & the Legal Profession ��������������������������������������������������������������������������������������� 22 Legal History ��������������������������������������������������������������������������������������������������������������������������������� 24 Legal Philosophy �������������������������������������������������������������������������������������������������������������������������� 25 Media Law ������������������������������������������������������������������������������������������������������������������������������������ 26 Medical Law & Ethics �������������������������������������������������������������������������������������������������������������������� 26 Private International Law �������������������������������������������������������������������������������������������������������������� 27 Property Law ��������������������������������������������������������������������������������������������������������������������������������� 27 Public International Law ��������������������������������������������������������������������������������������������������������������� 28 Social Welfare Law ������������������������������������������������������������������������������������������������������������������������ 31 Socio-Legal Studies ���������������������������������������������������������������������������������������������������������������������� 31 Sports Law ������������������������������������������������������������������������������������������������������������������������������������ 31 Tax Law ����������������������������������������������������������������������������������������������������������������������������������������� 31

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BANKING & FINANCIAL LAW SECOND EDITION

SECOND EDITION

European Capital Markets Law

An Introduction to the Law on Financial Investment

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 regime on market abuse. 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 Professor of Law at the University of Munich.

Apr 2017 | 9781782256526 | 848pp | Pbk | RSP: £54.99

Iain G MacNeil Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital.

The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment.

Iain G MacNeil is the Alexander Stone Professor of Commercial Law at the University of Glasgow.

Jan 2012 | 9781849460507 | 542pp | Pbk | RSP: £54.99

COMPANY, CORPORATE & COMMERCIAL LAW THIRD EDITION

SECOND EDITION

Corporate Finance Law

Comparative Company Law

Louise Gullifer and Jennifer Payne

Edited by Mathias Siems and David Cabrelli

Principles and Policy

The third edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. It has been fully updated to reflect developments in the law and the markets. One of the book’s distinctive features is its equal coverage of both the equity and debt sides of corporate finance law, and it seeks, where possible, to compare and contrast the two.

This book covers a broad range of topics regarding the debt and equityraising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter provides a critical analysis of the present law to enable the reader to understand the difficulties, risks and tensions in this area, and the attempts by the legislature, regulators and the courts, as well as the parties involved, to deal with them.

Louise Gullifer is Rouse Ball Professor of English Law at the University of Cambridge. Jennifer Payne is Linklaters Professor of Corporate Finance Law at the University of Oxford.

Mar 2020 | 9781509929177 | 1000pp | Pbk | RSP: £54.99

A Case-Based Approach

As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book is pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary.

The book covers 12 legal systems from different legal traditions and from different parts of the world (though with a special emphasis on European countries). In alphabetical order, those countries are: Finland, France, Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.

Mathias Siems is Professor of Commercial Law at Durham University.

David Cabrelli is Professor of Law at the University of Edinburgh.

Sep 2018 | 9781509909360 | 584pp | Pbk | RSP: £49.99

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International Business Law Emerging Fields of Regulation

Mark Fenwick and Stefan Wrbka This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation.

The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce.

This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.

Mark Fenwick is Professor at the Graduate School of Law, Kyushu University, Japan. Stefan Wrbka is Unit Head and Academic Coordinator, Business Law at the University of Applied Sciences for Management and Communication, Vienna, Austria.

Jun 2018 | 9781509918058 | 240pp | Pbk | RSP: £31.99

COMPARATIVE LAW A New Introduction to Comparative Law

An Introduction to Comparative Law Theory and Method

Jaakko Husa

Geoffrey Samuel

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

Jaakko Husa is Professor of Comparative Law and Constitutional Law at the University of Lapland, Finland.

May 2015 | 9781849467964 | 298pp | Pbk | RSP: £26.99

This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.

Geoffrey Samuel has been Professor of Law at Kent Law School since 1997 and is a Professor affilié in the École de Droit, Sciences-Po, Paris since 2012.

May 2014 | 9781849466431 | 232pp | Pbk | RSP: £22.99

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COMPETITION LAW SEVENTH EDITION

SECOND EDITION

EU Competition Law

An Introduction to Competition Law

An Analytical Guide to the Leading Cases

Piet Jan Slot and Martin Farley

Ariel Ezrachi This unique textbook is designed as a working tool for the study and practice of European competition law, focused on case law analysis.

Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by useful analysis and commentary.

The 7th edition includes recent judgments from the European Court of Justice on the scope of object and effects based analysis (including Generics and Budapest Bank), as well as those on abuse of dominance.

It examines developments in parallel trade, online sales restrictions, advertising bans, enforcement powers and procedure. Expanding its coverage of merger decisions, it explores non-collusive oligopoly (including CK Telecoms) and the treatment of innovation and data under the EU Merger Regulation.

The textbook offers the competition law student an insightful guide to EU competition law cases, an understanding of which is crucial. Rigorous, comprehensive and authoritative, it simply is a must read.

Ariel Ezrachi is the Slaughter and May Professor of Competition Law at the University of Oxford and the Director of the Oxford Centre for Competition Law and Policy. He is a Fellow and Tutor in Law at Pembroke College, Oxford.

This book is intended to serve as a first acquaintance with competition law. It 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.

This second edition has been fully updated in the light of the latest developments, and covers both EU and UK competition law along with an introduction to the EU rules on State Aid. It provides insight into the combined system of EU and UK competition law, providing a broad range of examples 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). Those examples are drawn from European and UK practice. These greatly enhance the exposition of the general principles, taking into account recent legislative and judicial developments.

Piet Jan Slot is Emeritus Professor of European Substantive Law and Competition Law at Leiden University. Martin Farley is a member of the European Commission Legal Service and Fellow of the Centre of European Law, King’s College London.

Apr 2017 | 9781849461801 | 416pp | Pbk | RSP: £29.99

Aug 2021 | 9781509933396 | 944pp | Pbk | RSP: £49.99

SECOND EDITION

Global Competition Law and Economics Einer Elhauge and Damien Geradin This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content or enforcement of competition laws, antitrust law is now a truly global phenomenon. Modern antitrust law is also different because it now reflects an increasingly economic approach to analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed to students from all jurisdictions having competition laws, this casebook provides an in-depth analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws. As such it will also serve as a useful reference for practitioners, competition officials and policy-makers interested in competition law.

In the four years since the first edition, the increased globalization of antitrust law has continued apace. China, the world's third largest economy after the EU and US, has adopted an antitrust law and other nations have modified and modernized their antitrust regimes. The EU has adopted a new EU Treaty, new EU guidelines on abuse of dominance, new EU guidelines on non-horizontal mergers, and new EU regulations and guidelines on vertical agreements. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the appearance of a new economic approach in the revised 2010 U.S. Merger Guidelines.

This edition expands and updates the pioneering approach of the first edition, addressing new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea, with expanded coverage of China's new antitrust law, and the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela.

Einer Elhauge is Petrie Professor of Law at Harvard Law School.

Damien Geradin is a partner at Covington & Burling.

Aug 2011 | 9781849460446 | 1324pp | Pbk | RSP: £54.99

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CONSTITUTIONAL & ADMINISTRATIVE LAW Key Ideas in Law: The Rule of Law and the Separation of Powers Jack Beatson Written by one of the leading public lawyers of our day, this book considers the rule of law and separation of powers by examining the relationships between the different branches and the mechanisms of accountability within our democracy.

Prompted by events following the 2016 referendum, the book answers the following questions: How accessible is the law and how does it avoid arbitrariness? How is access to justice protected? How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? How does our democracy enable majorities and protect minorities?

Jack Beatson was a High Court Judge between 2003 and 2013 and a Lord Justice of Appeal between 2013 and 2018. He was previously a Law Commissioner and Rouse Ball Professor of English Law at the University of Cambridge, UK and is now Visiting Professor at Oxford University, UK. Aug 2021 | 9781509938773 | 224pp | Pbk | RSP: £12.99

EIGHTH EDITION

The Law-Making Process Michael Zander As a critical, in-depth analysis of the law-making process, this book has no equal.

It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; and - the machinery of law reform.

The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament.

Michael Zander QC is Emeritus Professor at the London School of Economics and Political Science. For 25 years he was also Legal Correspondent at the Guardian.

Jun 2020 | 9781509934539 | 560pp | Pbk | RSP: £44.99

Cases, Materials and Text on Judicial Review of Administrative Action Edited by Chris Backes and Mariolina Eliantonio This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases.

The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems.

During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Chris Backes is Professor of Environmental and Planning Law at Utrecht University. Mariolina Eliantonio is Professor of European and Comparative Administrative Law and Procedure at Maastricht University.

Aug 2019 | 9781509921478 | 1032pp | Pbk | RSP: £55

Constitutionalism in Asia Cases and Materials

Wen-Chen Chang, Li-ann Thio, Kevin YL Tan and Jiunn-rong Yeh This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia.

Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes.

The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading. The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Wen-Chen Chang is Professor at the College of Law, National Taiwan University. Li-ann Thio is Professor of Law (Provost's Chair) at the National University of Singapore. Kevin YL Tan is Adjunct Professor at the Faculty of Law, National University of Singapore. Jiunn-rong Yeh is University Chair Professor at the College of Law, National Taiwan University.

Feb 2014 | 9781849462341 | 1170pp | Pbk | RSP: £59.99

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C O N S T I T U T I O N A L SYS T E M S O F T H E WO R L D S E R I E S Series General Editors: Peter Leyland, Andrew Harding, Benjamin L Berger, Rosalind Dixon and Heinz Klug “This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context...There is no other series of guides quite like it, and several of the volumes now form the core of the course in comparative constitutional law at the University of Pennsylvania, where they have been warmly embraced by the students.”

Prof William B Ewald, University of Pennsylvania Law School

FOURTH EDITION

SECOND EDITION

The Constitution of the United Kingdom

The Constitution of Canada

A Contextual Analysis Peter Leyland

This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision.

A Contextual Analysis Jeremy Webber

The first edition of this text quickly established itself as the classic introduction to the Canadian constitution. Setting it in its historical context, noting especially the complex interaction of national and regional societies, it shows how the constitution continues to morph and shape itself.

Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK’s historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform.

These changes are explored through key constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes.

As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

Jeremy Webber is Professor of Law, University of Victoria, British Columbia, Canada.

Peter Leyland is Professor of Public Law at SOAS, University of London.

Jul 2021 | 9781509945542 | 384pp | Pbk | RSP: £19.99

The Constitution of Brazil A Contextual Analysis

Virgílio Afonso da Silva This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil’s struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis.

Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court.

Virgílio Afonso da Silva is Professor of Constitutional Law at the University of São Paulo.

May 2019 | 9781849465359 | 296pp | Hbk | RSP: £65

Clarity of expression and explanation, which never veers into simplicity, combined with the author’s expertise, makes this the ideal starting point for the student or comparative lawyer keen to gain a strong understanding of how Canadian democracy and government works.

May 2021 | 9781509947171 | 304pp | Pbk | RSP: £24.99

Published in the Series

Australia, Cheryl Saunders Belgium, Patricia Popelier and Koen Lemmens Brazil, Virgílio Afonso da Silva Canada, 2nd Ed, Jeremy Webber China, Qianfan Zhang Czechia, David Kosar and Ladislav Vyhnánek Finland, Jaakko Husa France, Sophie Boyron Germany, Werner Heun India, Arun K Thiruvengadam Indonesia, Simon Butt and Tim Lindsey Ireland, Oran Doyle Israel, Suzie Navot Italy, Marta Cartabia and Nicola Lupo Japan, Shigenori Matsui Malaysia, Andrew Harding Mexico, José María Serna De La Garza Myanmar, Melissa Crouch New Zealand, Matthew Palmer and Dean Knight Pakistan, Sadaf Aziz Poland, Miroslaw Granat and Katarzyna Granat Romania, Bianca Selejan-Gutan Singapore, Kevin YL Tan South Africa, Heinz Klug South Korea, Chaihark Hahm Spain, Victor Ferreres Comella Taiwan, Jiunn-rong Yeh Thailand, Andrew Harding and Peter Leyland The Commonwealth Caribbean, Derek O’Brien The Independent Central Asian States, Scott Newton The Republic of Austria, Manfred Stelzer The Russian Federation, Jane Henderson The United Kingdom, 4th Ed, Peter Leyland The United States of America, 2nd Ed, Mark Tushnet

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CONSUMER LAW Consumer Law

THIRD EDITION

Ius Commune Casebooks for a Common Law of Europe

Consumer Law and Policy

Text and Materials on Regulating Consumer Markets

Edited by Hans-W Micklitz, Jules Stuyck and Evelyn Terryn

Iain Ramsay This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets.

This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.

Iain Ramsay is Professor of Law at the University of Kent.

Oct 2012 | 9781849462624 | 710pp | Pbk | RSP: £54.99

The objective of this casebook, like others in the Ius Commune series, is to help uncover common roots, notwithstanding differences in approach, of the European legal systems, with a view to strengthening the common legal heritage of Europe. The casebook covers the big legal families in the EU and contains judgments from the supreme courts and other courts of the Member States.

In view of the importance of EC legislation (eg harmonisation directives and regulations) in this field, the consumer law casebook contains much material derived from Community law, such as extracts from directives (eg on unfair contract terms, distance selling, doorstep selling, product liability, unfair commercial pratices etc) and judgments of the ECJ and national court decisions. Furthermore, attention is paid to the way in which, when interpreting EC directives in the consumer field, the ECJ refers to concepts common to the legal systems of the Member States and how the courts of the Member States incorporate the concepts found in the directives (as interpreted by the ECJ) in their legal systems. The casebook also compares harmonised and pre-harmonised law, especially in the case law of the Member States. The casebook concentrates on private law in the field of consumer protection but also addresses topics, in particular in the field of enforcement, that are primarily a matter of public law.

Hans-W Micklitz is Professor of Economic Law at the European University Institute. Jules Stuyck is Professor of Law at the K.U.Leuven, Belgium and director of the Study Centre for Consumer Law. Evelyne Terryn is Professor of Law at the K.U.Leuven, Belgium and a member of the Study Centre for Consumer Law. Mar 2010 | 9781841137490 | 688pp | Pbk | RSP: £54.99

CONTRACT, TORT & RESTITUTION LAW SEVENTH EDITION

THIRD EDITION

A Casebook on Contract

Cases, Materials and Text on Contract Law

Andrew Burrows This is the seventh, 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 either on its own or to supplement 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 cross-references 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 at the University of Oxford.

Jun 2020 | 9781509936144 | 960pp | Pbk | RSP: £36.99

Hugh Beale, Bénédicte Fauvarque-Cosson, Jacobien Rutgers and Stefan Vogenauer This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective.

The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team.

The third edition includes many new developments at the EU level and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK’s Consumer Rights Act 2015 and new cases.

Hugh Beale is a Professor Emeritus at the University of Warwick.

Bénédicte Fauvarque-Cosson is Agrégée des Facultés de droit and Conseillère d’Etat. Jacobien Rutgers is Professor of European Private Law at the Vrije Universiteit (VU) Amsterdam. Stefan Vogenauer is Director at the Max Planck Institute for European Legal History, Frankfurt.

Feb 2019 | 9781509912575 | 1520pp | Pbk | RSP: £54.99

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Key Ideas in Tort Law

Key Ideas in Contract Law

Peter Cane

Nicholas J McBride

This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people’s behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort ‘doctrine’— tort law’s rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject.

Peter Cane is a Senior Research Fellow at Christ’s College, Cambridge.

Aug 2017 | 9781509909421 | 144pp | Pbk | RSP: £10.99

This book introduces the reader to a number of ideas and issues that underlie the English law of contract—an area of law that is often regarded as forbiddingly dry and technical but which is here made easy to understand and full of interest.

Taking as its starting point the role contract law plays in helping markets to operate, the book explains how contract law regulates the commercial risks people take, while at the same time placing limits on what may be bought and sold, and ensuring that contractual powers are not unacceptably abused. A final chapter discusses how contract law can be used to make gifts of binding promises to other people. The book provides a rigorous and stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject.

Nicholas J McBride is a Fellow of Pembroke College, Cambridge.

Aug 2017 | 9781509907212 | 144pp | Pbk | RSP: £10.99

SECOND EDITION

THIRD EDITION

Unjust Enrichment

Contract Law

James Edelman and Elise Bant Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much 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, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law.

James Edelman is a Justice of the Federal Court of Australia and Adjunct Professor at the University of Queensland. Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia.

Aug 2016 | 9781841133188 | 480pp | Pbk | RSP: £37.99

An Introduction to the English Law of Contract for the Civil Lawyer John Cartwright This book gives an introduction to the English law of contract. The third edition has been fully updated to cover recent developments in case law and recent statutes such as the Consumer Rights Act 2015. However, this new edition retains the primary focus of the earlier editions: it is designed 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 the lawyer — whether student or practitioner — from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective.

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 and Director of the Oxford Law Faculty's Institute of European and Comparative Law. Jun 2016 | 9781509902910 | 360pp | Pbk | RSP: £29.99

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SEVENTH EDITION

Hepple and Matthews' Tort Law Cases and Materials

David Howarth, Martin Matthews, Jonathan Morgan, Janet O'Sullivan, Stelios Tofaris Edited by Consultant Editor: Bob Hepple New to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.

David Howarth is Fellow of Clare College and Professor of Law and Public Policy, University of Cambridge. Martin Matthews is Emeritus Fellow of University College, Oxford. Jonathan Morgan is Fellow of Corpus Christi College and Senior Lecturer in Law, University of Cambridge. Janet O’Sullivan is Fellow of Selwyn College and Senior Lecturer in Law, University of Cambridge. Stelios Tofaris is Fellow of Girton College and Lecturer in Law, University of Cambridge. Sir Bob Hepple QC, FBA was Emeritus Master of Clare College and Emeritus Professor of Law in the University of Cambridge.

Nov 2015 | 9781849465557 | 1248pp | Pbk | RSP: £59.99

Contract Law in Russia Maria Yefremova, Svetlana Yakovleva and Jane Henderson This book explains Russian contract law in a form understandable to lawyers qualified in other countries, especially common law countries.

The introduction gives a concise overview of the Russian legal system in general and contract law in particular as well as a brief insight into the history of contract law in Russia. Then the main concepts of Russian contract law are explained, using the conceptual framework of English contract law to make them accessible to someone not familiar with the codified Russian system. The book not only considers the legislation regulating Russian contractual relations but also includes appropriate case law to show how the legislation is interpreted.

The focus is on contract law in Russia as it actually operates, rather than merely the legislative texts, so that it will be directly relevant to legal practitioners and others who wish to acquire knowledge of the practical application of an important element of the Russian legal system, as well as those seeking an insight into the realities of codified law in action. The target readership therefore includes legal practitioners who have to deal with Russian law, academics and students with an interest in Russian law, the law of contract and comparative civil law, as well as scholars of comparative legal systems and Russian area studies.

Maria Yefremova is Corporate Legal Counsel at Level 3 Communications.

Svetlana Yakovleva is Legal and Compliance Officer at Allianz Global Assistance Russia. Jane Henderson is Senior Lecturer in Law at the Dickson Poon School of Law, King’s College London.

May 2014 | 9781849462990 | 326pp | Pbk | RSP: £32.99

Principles of the Law of Agency Howard Bennett Agency is a pervasive institution, fundamental to commercial activity, inherent to legal personality, enabling against deteriorating capacity. This new work provides a fresh, succinct examination of the principles of agency law exploring the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.

Howard Bennett is Hind Professor of Commercial Law at the University of Nottingham.

Oct 2013 | 9781841138855 | 234pp | Pbk | RSP: £33.99

Contract Law

An Index and Digest of Published Writings Adam Kramer This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each.

The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach).

This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.

Adam Kramer is a Barrister at 3 Verulam Buildings and former Lecturer in Law at the Universities of Durham and Oxford.

Jan 2010 | 9781841135748 | 250pp | Pbk | RSP: £59.99

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CRIMINAL LAW & CRIMINOLOGY Key Ideas in Criminal Law

SEVENTH EDITION

J R Edwards and A P Simester

Sentencing and Criminal Justice

This book shows how the mainstream doctrines of substantive criminal law map onto certain key underlying (and overlapping) principles.

These principles are: legitimate criminalisation, accountability, culpability, moral responsibility and wrongdoing.

Andrew Ashworth and Rory Kelly

J R Edwards is Associate Professor of Law, Tutorial Fellow of Worcester College, and Lecturer at Brasenose College, University of Oxford, UK. A P Simester is Amaladass Professor of Criminal Justice and Co-Director of the Centre for Legal Theory at the National University of Singapore.

Feb 2022 | 9781509935192 | 112pp | Pbk | RSP: £9.99

This revised edition focuses on major developments in sentencing law, practice and theory. Sentencing in England and Wales is now dominated by Sentencing Council guidelines, and scrutiny of those guidelines is central to this book.

Issues of principle are identified and discussed, including the constitutional position of the Sentencing Council; the meaning of, and challenges to, proportionality; and the sentencing of BAME offenders and women offenders.

The book welcomes the new Sentencing Code, introduced as the Sentencing Act 2020, and critically examines the government’s plans for sentencing reform, set out in the 2020 White Paper A Smarter Approach to Sentencing.

Andrew Ashworth is Emeritus Professor of Law and Rory Kelly is a doctoral candidate in Criminology, both at the University of Oxford, UK.

SEVENTH EDITION

Aug 2021 | 9781509936281 | 528pp | Pbk | RSP: £38.99

Simester and Sullivan’s Criminal Law Theory and Doctrine

A P Simester, J R Spencer, F Stark, G R Sullivan and G J Virgo This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan’s Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan’s Criminal Law has been cited by appellate courts throughout the world.

A P Simester is Professor of Law and Provost's Chair at the National University of Singapore and the Edmund-Davies Professor of Criminal Law at King's College London. 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. F Stark is University Senior Lecturer in Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.

G R Sullivan is Emeritus Professor of Law at University College, London. G J Virgo is Professor of English Private Law at the University of Cambridge and a Fellow of Downing College, Cambridge.

FOURTH EDITION

International Criminal Law Ilias Bantekas This book offers a comprehensive analysis of the major areas of international criminal law (ICL).

It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed.

Ilias Bantekas is Professor of International Law at Brunel Law School and Head of International Law at Mourgelas & Associates Law Firm.

Sep 2010 | 9781849460453 | 666pp | Pbk | RSP: £54.99

Aug 2019 | 9781509926688 | 1056pp | Pbk | RSP: £39.99

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Debating Restorative Justice Chris Cunneen and Carolyn Hoyle The Debating Law series gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest.

In this first volume of the series Carolyn Hoyle argues that communities and the state should be more restorative in responding to harms caused by crimes, antisocial behaviour and other incivilities. She supports the exclusive use of restorative justice for many non-serious offences, and favours approaches that, by integrating restorative and retributive philosophies, take restorative practices into the 'deep end' of criminal justice. While acknowledging that restorative justice appears to have much to offer in terms of criminal justice reform, Chris Cunneen offers a different account, contending that the theoretical cogency of restorative ideas is limited by their lack of a coherent analysis of social and political power. He goes on to argue that after several decades of experimentation, restorative justice has not produced significant change in the criminal justice system and that the attempt to establish it as a feasible alternative to dominant practices of criminal justice has failed. This lively and valuable debate will be of great interest to everyone interested in the criminal justice system.

Chris Cunneen is Professor of Criminology at the Cairns Institute, James Cook University, Australia. Carolyn Hoyle is Professor of Criminology and a Fellow of Green Templeton College at the University of Oxford.

Aug 2010 | 9781849460224 | 210pp | Pbk | RSP: £22.99

ENERGY, ENVIRONMENTAL & NATURAL RESOURCES LAW SECOND EDITION

EU Environmental Law, Governance and Decision-Making Maria Lee A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decisionmaking depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.

Maria Lee is Professor of Law at University College London where she teaches and researches EU Environmental Law. Mar 2014 | 9781849464215 | 300pp | Pbk | RSP: £29.99

International Environmental Law Ulrich Beyerlin and Thilo Marauhn International Environmental Law is a textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide 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 book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place 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. To this end, the authors have combined theory and practice.

This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations.

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.

Aug 2011 | 9781841139241 | 488pp | Pbk | RSP: £42.99

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EQUITY & TRUSTS LAW Key Ideas in Trusts Law Nicholas J McBride This book presents students with a short and concise introduction to trusts law and presents the trust as a mechanism to manage wealth.

The book is split into 5 chapters which address key concepts underpinning the study of the law of trusts: - wealth - dangers (which looks at the liability of trustees) - strangers (which sets out the liability of third parties) - tax, and - abuses.

Nicholas J McBride is Fellow of Pembroke College, Cambridge.

Feb 2022 | 9781509938698 | 144pp | Pbk | RSP: £12.99

EUROPEAN LAW European Union Law in Context Ester Herlin-Karnell and Gerard Conway This new textbook offers an explanatory and contextual view of EU law and its impact. It aims to map out a rapidly developing and intellectually challenging area in a simple, easily accessible yet analytical manner.

The book begins by setting the scene of EU integration, how we got there and why it is important. It explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights as well as the general principles of the EU and citizenship rights. Subsequently the book explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing area of Freedom, Security and Justice. Finally the book offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.

Ester Herlin-Karnell is Professor in EU Law, University Research Chair of EU Constitutional Law and Justice and the Director of the VU Centre for European Legal Studies at the Free University of Amsterdam, the Netherlands. Gerard Conway is Lecturer in Law at Brunel University, UK. Nov 2021 | 9781849467018 | 304pp | Pbk | RSP: £24.99

THIRD EDITION

EU Constitutional Law An Introduction

Allan Rosas and Lorna Armati The third edition of this acclaimed book continues the story of the EU’s constitutional journey. The EU’s constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union.

Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU’s complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years.

Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up.

Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities.

Allan Rosas has been a judge at the European Court of Justice since January 2002. Lorna Armati has been a Member of the Legal Service of the European Commission since September 2010.

May 2018 | 9781509909148 | 368pp | Pbk | RSP: £26.99

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Cases, Materials and Text on European Law and Private Law Edited by Arthur Hartkamp, Carla Sieburgh and Wouter Devroe This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education.

This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability.

In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.

SECOND EDITION

Fundamental Texts on European Private Law Edited by Oliver Radley-Gardner, Hugh Beale, Reinhard Zimmermann and Reiner Schulze Among the most significant legal developments of our time is the emergence of a European private law. The European Union has enacted regulations and directives which profoundly affect the practice, teaching and study of core areas of 'classical' private law. Within Europe, commissions have formulated principles of European contract, tort, family and insolvency law as well as aspects of commercial law. Furthermore, uniform private law can be found in a number of international conventions and sets of principles.

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.

This second edition is a sister volume to the original German edition, now in its 5th edition.

Arthur Hartkamp is Professor of European Private Law at Radboud University Nijmegen. Carla Sieburgh is Professor of Private Law, in particular the influences of European Law on national private law at Radboud University Nijmegen. Wouter Devroe is Professor of EU and Economic Law at KU Leuven and Professor of Competition Law at Maastricht University.

Oliver Radley-Gardner is a barrister at Falcon Chambers, London. Hugh Beale is a Professor Emeritus at the University of Warwick, Senior Research Fellow, Harris Manchester College, and Visiting Professor at the University of Oxford. Reinhard Zimmermann is Director at the Max Planck Institute for Comparative and International Private Law in Hamburg. Reiner Schulze is Professor of German and European Civil Law at the University of Münster, Director of the Institute for International Business Law and Director of the Centre for European Private Law.

Mar 2017 | 9781509911875 | 528pp | Pbk | RSP: £41.99

Nov 2016 | 9781782258643 | 1652pp | Pbk | RSP: £90

SIXTH EDITION SECOND EDITION

EU International Relations Law Panos Koutrakos This new edition provides a definitive, comprehensive and systematic analysis of the law governing the EU’s action in the world.

Updated to take into account the Lisbon Treaty and recent case law, the book covers all constitutional aspects of the EU’s international action and the procedures for treaty-making. It analyses the relationship between the EU and its Members with emphasis on mixed agreements, and the status of international law in the EU legal order. It explores the links between the EU and international organisations (such as the WTO) and examines the EU’s external economic and political relations and its various links with third countries, including its neighbours. It analyses, amongst others, the Common Commercial Policy, sanctions, the Common Foreign and Security Policy, and the Common Security and Defence Policy.

This new edition examines both the law and practice in a wide range of external policies, placing the law in its political and economic context and exploring the links between the EU’s external and internal actions.

Panos Koutrakos is Professor of European Union Law and Jean Monnet Professor of European Union Law at City, University London.

Mar 2015 | 9781849463225 | 644pp | Pbk | RSP: £54.99

Wyatt and Dashwood's European Union Law Alan Dashwood, Michael Dougan, Barry Rodger, Eleanor Spaventa and Derrick Wyatt First published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law.

While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law.

Alan Dashwood CBE QC is Emeritus Professor of European Law and Fellow of Sidney Sussex College, Cambridge. Michael Dougan is Professor of European Law at the University of Liverpool. Barry Rodger is Professor of Law at the University of Strathclyde. Eleanor Spaventa is a Professor of Law at Durham University. Derrick Wyatt QC is Emeritus Professor of Law and Fellow of St Edmund Hall, Oxford.

Jun 2011 | 9781849461269 | 1112pp | Pbk | RSP: £54.99

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FAMILY LAW THIRD EDITION

Family Law, Gender and the State

Text, Cases and Materials Alison Diduck and Felicity Kaganas The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments.

Alison Diduck is Professor of Law at University College London. Felicity Kaganas is Reader in Law at Brunel University.

Ideas and Debates in Family Law Rob George Ideas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting.

Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thoughtprovoking perspectives on family law issues.

Rob George is a British Academy Postdoctoral Research Fellow at University College, Oxford.

Aug 2012 | 9781849462549 | 178pp | Pbk | RSP: £23.99

Feb 2012 | 9781849461498 | 870pp | Pbk | RSP: £59.99

GENDER & THE LAW

GENERAL LAW

Feminist Judgments

THIRD EDITION

Edited by Rosemary Hunter, Clare McGlynn and Erika Rackley

Brice Dickson

From Theory to Practice

While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently.

Rosemary Hunter is Professor of Law and Socio-Legal Studies at the University of Kent. Clare McGlynn is Professor at Durham University. Erika Rackley is Professor of Law at the University of Kent.

Law in Northern Ireland Law in Northern Ireland is the essential textbook for all students of Northern Ireland’s legal system.

Changes to this new edition – some of them substantial – have been made to every section, taking full account of five years of developments.

The book explores the evolution of law-making in Northern Ireland before going on to explain the relevant constitutional arrangements, how to identify and interpret applicable sources of law, and what are the fundamental rules and principles of public law, criminal law and private law, highlighting where appropriate what may be unusual about them. It contextualises the myriad of legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice and provides useful information on how people become lawyers, what lawyers actually do once they become qualified and how the legal system is funded. The appendices set out some sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. The language throughout is accessible and there are Tables of Cases and Legislation, as well as a comprehensive index.

Brice Dickson is Professor of International and Comparative Human Rights Law at Queen's University, Belfast.

Jun 2018 | 9781509919260 | 528pp | Pbk | RSP: £39.99

Sep 2010 | 9781849460538 | 504pp | Pbk | RSP: £33.99

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HUMAN RIGHTS LAW THIRD EDITION

Human Rights Law Merris Amos This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom’s Human Rights Act 1998. The third edition has been fully updated to include the last seven years of case law.

Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights.

In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail. All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights.

The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

Merris Amos is Professor of Human Rights Law at Queen Mary, University of London, UK. Jul 2021 | 9781509933297 | 832pp | Pbk | RSP: £49.99

The Faces of Human Rights Edited by Kasey McCall-Smith, Jan Wouters and Felipe Gómez Isa As human rights discourse increasingly focuses on analysing states and the institutions that promote and support the human rights machinery that states have created, this volume serves to recall that despite the growing size of the machinery and unwieldy nature of states, human rights began with real people. It samples a broad range of actors and localities where everyday people fought to ensure that the basic principles of human rights became a reality for all. This volume will give a face to the everyday people to whom credit is due for shaping human rights. It also responds to the perennial question of how to begin a career in human rights by highlighting that there is no single path into this dynamic field, a field built on the back of small initiatives by people across a broad spectrum of career paths.

Kasey McCall-Smith is Lecturer in Public International Law at the University of Edinburgh and Chair of the Association of Human Rights Institutes.

Jan Wouters is Full Professor of International Law and International Organizations, Jean Monnet Chair and Director, Leuven Centre for Global Governance Studies and Institute for International Law, KU Leuven. Felipe Gómez Isa is Professor of International Law and researcher at the Pedro Arrupe Human Rights Institute of the University of Deusto (Bilbao).

May 2019 | 9781509926916 | 376pp | Hbk | RSP: £19.99

SECOND EDITION

Economic, Social and Cultural Rights in International Law Manisuli Ssenyonjo

Strategic Human Rights Litigation Understanding and Maximising Impact Helen Duffy Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies ‘strategically’ to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author’s own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the ‘war on terror’; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

Helen Duffy is a human rights litigator and runs 'Human Rights in Practice.'

She is also Professor of International Humanitarian and Human Rights Law at the University of Leiden.

Sep 2018 | 9781509921973 | 328pp | Hbk | RSP: £30

Since the first edition (published in 2009), there have been several important treaty developments, 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 material and up-to-date coverage of the 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 new 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 the area of economic, social and cultural 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; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, 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.

Oct 2016 | 9781849466073 | 800pp | Pbk | RSP: £64.99

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Debating Social Rights Conor Gearty and Virginia Mantouvalou The Debating Law series gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest.

In this second volume of the series, Conor Gearty argues that for rights to work effectively in the wider promotion of social justice, they need to be kept as far away as possible from the courts. He acknowledges the value of rights language in legal and political debate and accepts that human rights are not solely civil and political, with social rights language clearly having a progressive, emancipatory dimension. However he says that lawyers — even well-intentioned lawyers — damage the achievability of the kind of radical transformation in the priorities of states that a genuine commitment to social rights surely necessitates. Virginia Mantouvalou argues that social rights, defined as entitlements to the satisfaction of basic needs, are as essential for the well-being of the individual and the community as long-established civil and political rights. The real challenge, she suggests, is how best to give effect to social rights.

Drawing on examples from around the world, she argues for their 'legalisation', and examines the role of courts and the role of legislatures in this process, both at a national and a international level.

Conor Gearty is Professor of Human Rights Law at the London School of Economics and Political Science. Virginia Mantouvalou is Professor of Human Rights and Labour Law at UCL Faculty of Laws.

Dec 2010 | 9781849460231 | 201pp | Pbk | RSP: £22.99

INSURANCE LAW

INTELLECTUAL PROPERTY LAW

THIRD EDITION

SIXTH EDITION

Insurance Law

Guidebook to Intellectual Property

Doctrines and Principles John Lowry, Philip Rawlings and Robert Merkin The third edition of Insurance Law: Doctrines and Principles follows the widely acclaimed first and second editions. It provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed with the needs of undergraduate and postgraduate students in mind. The text is enhanced by extensive citations to case law and academic commentaries, making the book ideal for students, scholars and practitioners alike.

Sir Robin Jacob, Daniel Alexander QC and Matthew Fisher This is a unique book about Intellectual Property.

It is aimed not only at law students studying the subject but also at interested users of IP business people, inventors, scientists, designers and the like. It provides an outline of the basic legal principles which underpin and reguilate the subject, educatuing the reader as to the shape of the law. However, critically, it also gives insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with Intellectual Property.

This new edition reflects the many changes that have occurred in the law of insurance since the second edition was published in 2005. The book is divided into two parts. Part I considers the regulation of insurance business and the general principles underlying the law of insurance contracts. Part II examines the way in which these principles are shaped by the particular insurance context in which they operate. The book is readable and authoritative, with a sound grasp of the realities of insurance practice; it is well sourced and generous with supplementary points.

To achieve its object the authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner.

The authors try wherever possible to be both serious and light-hearted at the same time.

John Lowry is Professor of Law at University College London. Philip Rawlings is The Roy Goode Professor of Commercial Law at the Centre for Commercial Law Studies, Queen Mary, University of London. Rob Merkin is Lloyd's Law Reports Professor of Commercial Law at the University of Southampton.

Sir Robin Jacob is currently the Hugh Laddie Professor of Intellectual Property Law at University College London. Daniel Alexander QC is a barrister at 8 New Square Chambers and a Visiting Professor at University College London. Matthew Fisher is a Senior Lecturer at University College London, where he teaches and researches in intellectual property law.

Sep 2011 | 9781849462013 | 618pp | Pbk | RSP: £54.99

All major areas of IP - patents, trade marks, copyright and designs - are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases.

Sep 2013 | 9781849463256 | 272pp | Pbk | RSP: £26.99

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INTERNATIONAL ECONOMIC & TRADE LAW THIRD EDITION

THIRD EDITION

International Sales Law

World Trade Law

Ingeborg Schwenzer, Christiana Fountoulakis and Mariel Dimsey

Simon Lester, Bryan Mercurio and Arwel Davies

A Guide to the CISG

This is the third edition of the casebook providing an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, this casebook is an excellent starting point for learning about the Convention and will be particularly useful for international trade lawyers, practitioners and students. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws.

The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. Sample questions and answers are also included, which make it particularly helpful for self-study purposes.

Ingeborg Schwenzer is Professor Emerita of Private Law at the University of Basel, Switzerland. Christiana Fountoulakis is Professor of Private Law and European Private Law at the University of Fribourg, Switzerland. Mariel Dimsey is an arbitration and international sales law specialist and is currently based in Hong Kong.

Text, Materials and Commentary

This third edition of one of the leading textbooks on world trade law offers what is, in a number of ways, a unique perspective on this important subject. Combining the best aspects of both casebook and treatise, this comprehensive textbook provides detailed explanations and analysis of the law to help understand the issues as well as case extracts to offer a flavour of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the UK, Europe, the US, Asia and elsewhere around the world.

This updated edition includes in-depth discussions of the most recent developments in international trade jurisprudence, setting out important precedents that help establish the boundaries between global trade rules and domestic national autonomy. In this era, when political developments place even more importance on international trade, it will be essential reading for all students, scholars and practitioners in the field.

Simon Lester is President of WorldTradeLaw.net LLC and Trade Policy Analyst, Cato Institute. Bryan Mercurio is Professor of Law and Associate Dean (Research) at The Chinese University of Hong Kong. Arwel Davies is Associate Professor at the Hillary Rodham Clinton School of Law, Swansea University.

Feb 2018 | 9781509915965 | 1008pp | Pbk | RSP: £49.99

Apr 2019 | 9781509919628 | 920pp | Pbk | RSP: £49.99

INTERNATIONAL INVESTMENT LAW FOURTH EDITION

SECOND EDITION

International Investment Law Reconciling Policy and Principle

Basic Documents on International Investment Protection

Surya P Subedi

Martins Paparinskis

The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives.

A major feature of the book is that it deals with 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 restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.

Surya P Subedi QC, DCL, OBE is Professor of International Law at the University of Leeds and Barrister at Three Stone Chambers, Lincoln’s Inn, London.

The second edition of this important textbook adopts a new structure that better reflects the concurrence of various reform proposals with the fairly stable stratum of instruments that inform the current practice. With this systemic dynamic in mind, the selected documents are divided into three parts: Past, Present, and Future. The Past sets out the legal background to modern investment protection law. The Present provides generalist international law materials (sources and responsibility), a selection of the more important instruments with substantive investment rules, and rules of international dispute settlement regarding investment protection.

The Future (new for the second edition) lists a number of possible directions of future development, including a variety of approaches that maintain the traditional procedural kernel of investor-State arbitration as well as proposals for more significant change, with non-State actor involvement in dispute settlement either rejected or moulded into a judicial mechanism.

Martins Paparinskis is Reader in Public International Law at University College London.

May 2019 | 9781509907854 | 936pp | Pbk | RSP: £65

Jun 2020 | 9781509936366 | 328pp | Pbk | RSP: £41.99

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IT & TECHNOLOGY LAW Law, Policy and the Internet 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 20 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. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.

Lilian Edwards is Professor of Law, Innovation and Society at Newcastle Law School.

Nov 2018 | 9781849467032 | 480pp | Pbk | RSP: £49.99

LABOUR & DISCRIMINATION LAW THIRD EDITION

SEVENTH EDITION

Discrimination Law

Deakin and Morris’ Labour Law

Text, Cases and Materials Aileen McColgan QC and Eddie Bruce-Jones This textbook offers comprehensive coverage of the Equality Act 2010, alongside other relevant UK law and European Union law. The book goes beyond the previous editions by presenting a critical and theoretical analysis of equality law that will equip the reader with an understanding of the enduring challenges that frame equality law and contemporary responses to those challenges. New content includes chapters on positive action and age, alongside treatment of discrimination and sex, race, disability, religion and belief, gender identity and sexual orientation.

Structured so as to be accessible to the student approaching discrimination law for the first time, the book is also sufficiently detailed and analytical to appeal to the well-informed reader, and to provide those engaged in research with a solid base for further independent study. For the undergraduate student studying discrimination law as a free-standing subject or as part of a wider course, the book provides a one-stop shop; furthermore, this edition is also a key core text for any postgraduate discrimination law course.

Aileen McColgan QC is a barrister at 11KBW, London and part-time Professor of Law and Social Justice at the University of Leeds. Eddie Bruce-Jones is Reader in Law and Anthropology at the Birkbeck School of Law, University of London.

Zoe Adams, Catherine Barnard, Simon Deakin and Sarah Fraser Butlin Deakin and Morris’ Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law, including collective bargaining, international labour standards, and human rights.

The new edition highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market.

Zoe Adams is Junior Research Fellow at King’s College Cambridge, UK. Catherine Barnard is Professor of European Union and Labour Law at the University of Cambridge, UK. Simon Deakin is Professor of Law and Fellow of Peterhouse, University of Cambridge, UK. Sarah Fraser Butlin is a practising barrister at Cloisters Chambers and Affiliated Lecturer with the Law Faculty, University of Cambridge, UK. Jun 2021 | 9781509943548 | 1328pp | Pbk | RSP: £49.99

Feb 2022 | 9781849462464 | 896pp | Pbk | RSP: £49.99

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A Casebook on Labour Law Ewan McGaughey A Casebook on Labour Law supports every university labour or employment law course in the UK, set within European Union and international law. It covers history and theory, contract and rights, participation, equality, and job security. It also has chapters on essential topics for modern labour policy: the right to vote for company boards, in work councils and pension funds, and laws to achieve full employment by ending underpaid underemployment. Each chapter summarises further reading from noteworthy books and journals, and follows a unified conceptual structure. This aims to transcend historic divisions between common law or statute, private or public, and national or international law. The book invites the reader to engage in the economic and social evidence about labour law’s empirical consequences and political principles.

Ewan McGaughey is a Senior Lecturer in Law at King’s College London and Research Associate at the Centre for Business Research, University of Cambridge.

SECOND EDITION

Equality

The Legal Framework Bob Hepple The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy.

Sir Bob Hepple QC, FBA was Emeritus Master of Clare College and Emeritus Professor of Law in the University of Cambridge.

Oct 2014 | 9781849466394 | 296pp | Pbk | RSP: £32.99

Nov 2018 | 9781849465298 | 992pp | Pbk | RSP: £49.99

LAW & HUMANITIES Law and Justice on the Small Screen

SECOND EDITION

Edited by Peter Robson and Jessica Silbey

The Cinema of Justice

Law and Justice on the Small Screen is a wideranging collection of essays about law in and on television. In light of the book's innovative taxonomy of the field and its international reach, it will make a novel contribution to the scholarly literature about law and popular culture.

Television shows from France, Canada, the United Kingdom, Germany, Spain and the United States are discussed. The essays are organised into three sections: (1) methodological questions regarding the analysis of law and popular culture on television; (2) a focus on genre studies within television programming (including a subsection on reality television), and (3) content analysis of individual television shows with attention to big-picture jurisprudential questions of law's efficacy and the promise of justice. The book's content is organised to make it appropriate for undergraduate and graduate classes in the following areas: media studies, law and culture, socio-legal studies, comparative law, jurisprudence, the law of lawyering, alternative dispute resolution and criminal law. Individual chapters have been contributed by, among others: Taunya Banks, Paul Bergman, Lief Carter, Christine Corcos, Rebecca Johnson, Stefan Machura, Nancy Marder, Michael McCann, Kimberlianne Podlas and Susan Ross, with an Introduction

by Peter Robson and Jessica Silbey.

Peter Robson is Professor of Law at Strathclyde University, Scotland.

Jessica Silbey is Professor of Law at Suffolk University Law School, Boston, Massachusetts.

Aug 2012 | 9781849462693 | 488pp | Pbk | RSP: £49.99

Film and the Law

Steve Greenfield, Guy Osborn and Peter Robson Described by Richard Sherwin of New York Law School as the law and film movement's 'founding text', this text is a second, heavily revised and improved edition of the original Film and the Law (Cavendish Publishing, 2001). The book is distinctive in a number of ways: it is unique as a sustained book-length exposition on law and film by law scholars; it is distinctive within law and film scholarship in its attempt to plot the parameters of a distinctive genre of law films; its examination of law in film as place and space offers a new way out of the law film genre problem, and also offers an examination of representations of an aspect of legal practice, and legal institutions, that have not been addressed by other scholars. It is original in its contribution to work within the wider parameters of law and popular culture and offers a sustained challenge to traditional legal scholarship, amply demonstrating the practical and the pedagogic, as well as the moral and political significance of popular cultural representations of law.

The book is a valuable teaching and learning resource, and is the first in the field to serve as a basic guidebook for students of law and film.

Steve Greenfield is a senior academic in law at the University of Westminster. Guy Osborn is Professor of Law at the University of Westminster and Professor (II) in the Department of Sociology and Political Science at the Norwegian University of Science and Technology in Trondheim, Norway. Peter Robson is Professor of Law at Strathclyde University, Scotland.

Oct 2010 | 9781841137254 | 358pp | Pbk | RSP: £49.99

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LEGAL EDUCATION & THE LEGAL PROFESSION THIRD EDITION

SECOND EDITION

What About Law?

The Practical Guide to Mooting

Studying Law at University Catherine Barnard, Janet O›Sullivan and G J Virgo Law is one of the few subjects that the school leaver, choosing a degree course, will have very little real understanding of. This book comes to the rescue by clearly setting out what a prospective law student can expect and why a student should choose to study law.

This new edition is updated to reflect the reality of studying law today, highlighting changes due to Brexit and reforms to constitutional law.

The book covers the compulsory subjects every law student has to study: contract, criminal, property and trusts law, and brings them up to date.

With a clear core structure and approach it takes a case from each of these subjects to illustrate legal issues and methodology. The writing style is accessible and has the audience – novices to law - firmly in mind.

What About Law? shows how the study of law can be fun, intellectually stimulating and challenging. It introduces prospective students to the legal system, legal reasoning, critical thinking and argument. Written by a team of experienced teachers, this book should be read by every student about to embark on the study of law.

Jeffrey Hill The new edition of this textbook is a must-read for all students involved in mooting. Fully updated and revised, it provides clear and compelling advice on every aspect of mooting.

The book covers: - key aspects of the legal system; - the way in which moots are assessed; - what the judges are looking for; - how to structure a legal argument; and - how to prepare a skeleton argument and bundles.

The text is accompanied by videos of Supreme Court hearings so that students can learn from, and emulate, the advocacy skills of the most eminent advocates and lawyers.

Jeffrey Hill is Professional Consultant at the Faculty of Law of the Chinese University of Hong Kong and Visiting Senior Lecturer in Law at Manchester Metropolitan University, UK. Jul 2021 | 9781509935031 | 304pp | Pbk | RSP: £23.99

Catherine Barnard is Professor of EU Law and Employment Law, Janet O›Sullivan is Senior Lecturer in Law and G J Virgo is Professor of English Private Law, all at the University of Cambridge, United Kingdom.

Dec 2021 | 9781509950102 | 352pp | Pbk | RSP: £16.99

THIRD EDITION

Bewigged and Bewildered?

The Lawyer’s Style Guide

A Student and Practitioner Guide Peter Butt Clarity and precision in legal writing is an essential skill in the practise and study of law. This book offers a straightforward, practical guide to effective legal usage from a world-leading expert.

The book catalogues existing legal usage, topic by topic, phrase by phrase, word by word. It then scrutinises each use, suggesting the best usage.

Entries are arranged alphabetically and cover 3 broad areas: legal concepts, practical usage, and words and phrases. Each opens with a clear definition of the term, followed by examples of how the entry is commonly used. Entries also cover grammatical questions such as the best use of abbreviations and punctuation.

Peter Butt is Emeritus Professor of Law, University of Sydney. He was the founding director of the Centre for Plain Legal Language at the University of Sydney, and has lectured extensively on legal writing in the UK and many other countries.

Feb 2021 | 9781509936243 | 968pp | Pbk | RSP: £55.00

A Guide to Becoming a Barrister in England and Wales Adam Kramer and Ian Higgins

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 practising 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.

Jun 2016 | 9781509905362 | 232pp | Pbk | RSP: £18.99

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Lawyers’ Ethics and Professional Responsibility Andrew Boon This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.

Andrew Boon is Professor of Law at The City Law School, City University London.

THIRD EDITION

The Ethics and Conduct of Lawyers in England and Wales Andrew Boon This is the third edition of the leading textbook on legal ethics and the regulation of the legal profession in England and Wales. As such it maps the complex regulatory environment in which the legal profession in England and Wales now operates. It opens with a critical overview of professional ideals, organisation, power and culture and an examination of the mechanisms of professions, exercised through governance, regulation, discipline and education. The core of the book explores the conflict between duties owed to clients (loyalty and confidentiality) and wider duties (to the profession, third parties and society). The final part applies lawyers’ ethics to dispute resolution and settlement (litigation, negotiation, advocacy and alternative dispute settlement). Now laid out in a more accessible format and written in a more approachable style, the book is ideal reading for those teaching and learning in the field of legal ethics.

Andrew Boon is Professor of Law at the City Law School, City University London.

Nov 2014 | 9781849466691 | 836pp | Pbk | RSP: £43.99

Aug 2015 | 9781849467841 | 464pp | Pbk | RSP: £37.99

INTERNATIONAL EDITION

Common Law Legal English and Grammar A Contextual Approach

Alison Riley and Patricia Sours Lord Denning, an influential but controversial English judge, stated that 'Words are the lawyer's tools of trade'. This course book reflects that conviction as it focuses on words, the language of the law - legal terms, expressions, and grammar - introduced systematically with relevant aspects of the law, and examined in context through analytical reading activities based on original legal texts selected for their interest and importance in different branches of the common law system. This book explores constitutional law, criminal law, tort, and contract; yet includes international legal contexts, with a particular focus on human rights and European law. The presentation of legal concepts and terminology in context in each chapter is graded so that the course progresses, building on the vocabulary and law encountered in earlier chapters. Each chapter, organized thematically, includes a series of activities - tasks - to complete, yet the book does not presuppose previous knowledge of legal English or of the common law: full answer keys and reflective commentary on both legal and linguistic aspects are given and sections marked 'Advanced' offer especially challenging materials. Consolidation sections are designed to test students' global comprehension of the legal texts analysed, including precise usage of legal vocabulary in context, with solutions. Common Law Legal English and Grammar is addressed to the non-native speaker of English, and in particular, intermediate to advanced students who are studying law, or academics with a professional interest in Anglo-American law. Practising lawyers will also find that the book offers valuable analysis of the language of legal documents. Please note, this book is not available for purchase in Italy.

Alison Riley is Lecturer in Legal English at the University of Ferrara. Patricia Sours has been a Lecturer in Legal English at the University of Padua and at the University of Ferrara.

Research Methodologies in EU and International Law Robert Cryer, Tamara Hervey and Bal Sokhi-Bulley, with Alexandra Bohm Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law.

The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference.

Robert Cryer is Professor of International and Criminal Law, University of Birmingham. Tamara Hervey is Professor of European Law at Sheffield University. Bal Sokhi-Bulley is Senior Lecturer in Law and Critical Theory at the University of Sussex. Alexandra Bohm is a PhD candidate at the University of Sheffield.

Apr 2011 | 9781841132358 | 144pp | Pbk | RSP: £29.99

Jun 2014 | 9781849465762 | 528pp | Pbk | RSP: £32.99

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Getting a PhD in Law Caroline Morris and Cian Murphy Getting a PhD in Law is a unique guide to obtaining the degree of Doctor of Philosophy of Law in the UK. While there is a wide range of study guides for PhD students in the social sciences and other science-based disciplines, there is very little information available on the process of obtaining a PhD in law. Research degrees in law share some attributes with those in related disciplines such as the humanities and social sciences. However, legal methodology and the place of the PhD in law in the young lawyer’s career create unique challenges that have not been addressed by existing guides. Getting a PhD in Law fills this clear gap in the market, providing an accessible guide to the PhD process from topic selection to thesis publication. This readable and informative guide draws on interviews and case studies with PhD students, supervisors and examiners. Getting a PhD in Law is essential reading for the growing numbers of PhD students in the UK’s many law schools—and those internationally who wish to learn from UK best practice.

Caroline Morris is a Lecturer in Law at Queen Mary, University of London. Cian Murphy is Academic Co-Director of the Centre for Transnational Legal Studies and a member of the law faculty at King's College London.

Sep 2011 | 9781841133065 | 160pp | Pbk | RSP: £24.99

LEGAL HISTORY A Legal History for Australia

English Legal Histories

Sarah McKibbin, Libby Connors and Marcus Harmes

Ian Ward

A Legal History for Australia is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law.

It introduces students to the key aspects of history which are essential to an understanding of the role and function of Australia’s legal system and the English law which came to Australia in 1788.

The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points.

The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke’s reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism.

English Legal Histories is an exciting and innovative approach to the study of English law. Written in an accessible style intended for students as well as a broader audience, it takes the reader beyond the narrower confines of legal doctrines and cases, and invites them to consider the myriad contexts within which English law has been shaped: the politics, the economics, the art, the poetry. Reaching from the Reformation through to the age of Reform, it tells stories, the ‘histories’, of English law.

Histories of the constitution and government, of crime and contracts, tort and trespass, property and equity. Of the people who made that law, those who wrote it, and those who suffered it. For it is in the end a human story, of justice and injustice, of success and failure, good luck and bad. The law is full of statutes and instruments, cases and precedent, but its history is full of people and peculiarity. Which is what, of course, makes it so endlessly fascinating.

Ian Ward is Professor of Law at Newcastle University.

Jan 2020 | 9781509912292 | 648pp | Pbk | RSP: £75

A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced.

Sarah McKibbin is Lecturer in Law, and Libby Connors and Marcus Harmes are Associate Professors, all at the University of Southern Queensland.

Aug 2021 | 9781509939572 | 448pp | Pbk | RSP: £32.99

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SECOND EDITION

Law and Society in England 1750-1950 William Cornish, Stephen Banks, Charles Mitchell, Paul Mitchell and Rebecca Probert Law and Society in England 1750–1950 is an indispensable 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 social, administrative and legal institutions and ideas, and the road that was travelled to create them.

William Cornish CMG Qc (Hon) FBA is a Professor of Law Emeritus at the University of Cambridge and a Life Fellow of Magdalene College, Cambridge.

Stephen Banks is an Associate Professor of Law at the University of Reading. Charles Mitchell QC (Hon) FBA is a Professor of Law at University College London. Paul Mitchell is a Professor of Law at University College London. Rebecca Probert is a Professor of Law at the University of Exeter.

Oct 2019 | 9781849462730 | 784pp | Pbk | RSP: £39.99

LEGAL PHILOSOPHY SECOND EDITION

SECOND EDITION

Modern Jurisprudence

Law and Social Theory

A Philosophical Guide Sean Coyle

The second edition of this book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories as well as highlighting principal themes such as legality and justice. Together with new material, the second edition explores the historical developments and ideas that give modern thinking its distinctive shape. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject.

Sean Coyle is Professor of Jurisprudence at the University of Birmingham.

Aug 2017 | 9781509905614 | 288pp | Pbk | RSP: £24.99

Edited by Reza Banakar and Max Travers There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions.

The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

Reza Banakar is Professor of Socio-Legal Studies at the Department for Advanced Legal Studies, School of Law, University of Westminster and the Director of Research at the Centre for Legal Sociology at Lund University.

Max Travers is Senior Lecturer in Sociology at the School of Social Sciences, University of Tasmania.

Sep 2013 | 9781849463812 | 384pp | Pbk | RSP: £33.99

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MEDIA LAW Media Law Jacob Rowbottom Media law is a fast-developing area of scholarship that raises many high-profile and controversial questions. Recent issues include the use of privacy injunctions, the regulation of the press, the political power of media moguls, mass leaks of government information, and the responsibility of the digital media to prevent the spread of extreme content and fake news. This study looks at these issues and the key debates in media law. The book includes chapters examining the protection of personal rights to reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of digital communications. The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. Examining various key themes, this study shows how those functions continue to evolve in a changing political culture and also how the media are subject to a range of legal and informal constraints. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of media law in the digital era. It is essential reading for students and scholars of media law alike.

Jacob Rowbottom is an Associate Professor at the Faculty of Law, University of Oxford and a Fellow of University College, Oxford.

Jul 2018 | 9781782256656 | 416pp | Pbk | RSP: £36.99

MEDICAL LAW & ETHICS Caring and the Law

Debating Euthanasia

Jonathan Herring

Emily Jackson and John Keown

Caring and the Law considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law.

It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.

Jonathan Herring is a Professor of Law at the University of Oxford and a Fellow of Exeter College.

Apr 2013 | 9781849461061 | 374pp | Pbk | RSP: £37.99

In this addition to the Debating Law series, Emily Jackson and John Keown re-examine the legal and ethical aspects of the euthanasia debate.

Emily Jackson argues that we owe it to everyone in society to do all that we can to ensure that they experience a 'good death'. For a small minority of patients who experience intolerable and unrelievable suffering, this may mean helping them to have an assisted death. In a liberal society, where people's moral views differ, we should not force individuals to experience deaths they find intolerable. This is not an argument in favour of dying. On the contrary, Jackson argues that legalisation could extend and enhance the lives of people whose present fear of the dying process causes them overwhelming distress. John Keown argues that voluntary euthanasia and physicianassisted suicide are gravely unethical and he defends their continued prohibition by law. He analyses the main arguments for relaxation of the law - including those which invoke the experience of jurisdictions which permit these practices - and finds them wanting. Relaxing the law would, he concludes, be both wrong in principle and dangerous in practice, not least for the dying, the disabled and the disadvantaged.

Emily Jackson is a Professor of Law at the London School of Economics.

John Keown holds the Rose F Kennedy Chair in Christian Ethics in the Kennedy Institute of Ethics at Georgetown University.

Dec 2011 | 9781849461788 | 200pp | Pbk | RSP: £22.99

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PRIVATE INTERNATIONAL LAW Statutes on the Conflict of Laws

THIRD EDITION

European Private International Law

Commercial Litigation in the EU Geert van Calster On publication, this textbook had an immediate impact on teaching in its field. This new, fully updated edition retains the hallmarks of that success: ie the dual perspective of looking at questions from both the EU constitutional and international law perspective.

Key policy areas explored include trade, security, environment and justice and home affairs. Taking a ‘text, cases and materials’ approach, it ensures students gain a meaningful understanding of vital primary documents and milestone cases. The commentary provides interpretative and substantive guidance. Each chapter ends with a ‘big picture’ discussion, providing coherence to the diverse and complex material and stimulating critical discussion.

Edited by Martin George and Andrew Dickinson Statutes on the Conflict of Laws provides students with the principal, current EU and UK legislation encountered in the study of private international law in one clear and easy-touse volume. The legislation is not annotated, enabling the book to be used in examinations.

It has been structured and designed so that students can find the material they need quickly and efficiently, with a table of contents organised chronologically by source type, and alphabetical index.

Martin George is a Senior Lecturer in Law at the School of Law, University of Leicester. Andrew Dickinson is a Fellow at St Catherine’s College and a Professor of Law at the University of Oxford.

Sep 2015 | 9781849463430 | 768pp | Pbk | RSP: £26.99

Geert van Calster is Professor Ordinarius and Head of the Department of International and European Law at KU Leuven.

Jan 2021 | 9781509942077 | 536pp | Pbk | RSP: £39.99

Cases and Materials on EU Private International Law Stefania Bariatti Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on.

Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.

Stefania Bariatti holds a professorship for Private International Law at the University of Milano (Italy).

Apr 2011 | 9781849460279 | 1370pp | Pbk | RSP: £59.99

PROPERTY LAW Cases, Materials and Text on Property Law Edited by Sjef van Erp and Bram Akkermans This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts.

The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned.

Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level.

Sjef van Erp is Professor of Law at Maastricht University and Deputy-Justice, Court of Appeals 's-Hertogenbosch, the Netherlands. Bram Akkermans is Assistant Professor of Law at Maastricht University, the Netherlands.

Jul 2012 | 9781841137506 | 1256pp | Pbk | RSP: £59.99

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FOURTH EDITION

An Introduction to Land Law Simon Gardner and Emily MacKenzie Gardner and MacKenzie’s An Introduction to Land Law has been widely acclaimed by students and teachers for the distinctively informative and stimulating way in which it addresses this challenging subject.

Concise and highly readable, it covers the main points of land law found in the syllabuses of law schools in England and Wales.

While not intended as a comprehensive textbook, it provides both sufficient detail, and especially the illuminating overview needed, for a real understanding, and many pointers for those seeking more. Most of all, it stands apart from other land law books in the model it offers of critical engagement with the material.

As well as updating the book’s overall coverage, this new edition features reworked discussions of areas where the law has recently undergone substantial change, and also where the authors’ thoughts themselves have developed – including ownership, easements, and rectification of the land register.

Simon Gardner is a Professor of Law at Oxford University. Emily MacKenzie is a barrister at Brick Court Chambers.

Jun 2015 | 9781849465755 | 480pp | Pbk | RSP: £27.99

PUBLIC INTERNATIONAL LAW Jus ad Bellum

SECOND EDITION

Stuart Casey-Maslen

Text, Cases and Materials

The Law on Inter-State Use of Force This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state — or group of states — may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/ international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the ‘responsibility to protect’ and humanitarian intervention.

Stuart Casey-Maslen is Honorary Professor at the University of Pretoria.

Aug 2020 | 9781509930692 | 256pp | Pbk | RSP: £22.99

SECOND EDITION

International Law

EU External Relations Law Edited by Ramses A Wessel and Joris Larik The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU’s powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO).

A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a ‘text, cases and materials’ approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors’ commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials.

Ramses A Wessel is Professor of European Law at the University of Groningen. Joris Larik is Assistant Professor of Comparative, EU and International Law at Leiden University.

Apr 2020 | 9781509926763 | 560pp | Pbk | RSP: £44.99

A Critical Introduction Wade Mansell and Karen Openshaw This new edition provides a critical introduction to the concepts, principles and rules of international law through a consideration of contemporary international events. It examines both the possibilities and limitations of the legal method in resolving international disputes, and notes the actual effects of international law upon international disagreements.

Such an approach remains sceptical rather than cynical, and is intended to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; the relationship between international law and international relations; the Eurocentricity’ of international law; and the connection between political power and the ability to use or abuse (or ignore) international law. The new edition explores the impact of the United States’ latest direction in foreign policy (arguably an intensification of pre-existing neo-conservative trends); considers in greater depth the issue of economic self-determination in relation to ex-colonial nations; expands the discussion of jurisdiction to cover immunity from jurisdiction; and covers recent developments at the International Criminal Court.

Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.

Wade Mansell is Professor Emeritus at the University of Kent. Karen Openshaw holds a PhD in public international law from the University of Kent.

Aug 2019 | 9781509926725 | 408pp | Pbk | RSP: £21.99

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International Law

The Arctic in International Law and Policy

Jan Wouters, Cedric Ryngaert, Tom Ruys and Geert De Baere

Edited by Kristina Schönfeldt

A European Perspective

This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treatymaking and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.

Jan Wouters is Full Professor of International Law and International Organizations, Jean Monnet Chair and Director of the Institute for International Law and Leuven Centre for Global Governance Studies, KU Leuven. Cedric Ryngaert is Professor of Public International Law and Director of the Master Programme Public International Law, Utrecht University. Tom Ruys is Associate Professor in International Law at the Ghent Rolin-Jaequemyns International Law Institute (GRILI), Ghent University.

Geert De Baere is Judge at the General Court of the EU and Associate Professor of EU Law and International Law, KU Leuven.

Dec 2018 | 9781849464161 | 1136pp | Pbk | RSP: £39.99

Indigenous Peoples and Human Rights

International and Regional Jurisprudence Ben Saul Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights 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 their interests in ancestral 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 legal 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 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.

The Arctic is an increasingly important region faced with major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. It is not only the eight Arctic States that have paid an increased level of attention to the region; several non-Arctic actors from Asia and Europe also seek to gain more influence in the High North. At the same time, the evolving law and policy architecture for the Arctic region has recently played a more prominent role in the political and academic debate. Unlike Antarctica, where the coherent Antarctic Treaty System governs international cooperation, the legal regime of Arctic affairs is based on public international law, domestic law, and ‘soft law’. These three pillars intersect and interact making Arctic governance multi-faceted and highly complex.

This book provides an analytical introduction, a chronology of legally relevant events, and a selection of essential materials covering a wide range of issues—eg delineation and delimitation of maritime boundaries, environmental protection, indigenous peoples’ rights, shipping, and fisheries. Included are multilateral and bilateral treaties, UN documents, official statements, informal instruments, domestic laws, and diplomatic correspondence.

Kristina Schönfeldt is a researcher and PhD student at the Institute for Public International Law at the University of Bonn.

Aug 2017 | 9781509915767 | 1680pp | Pbk | RSP: £80

SECOND EDITION

The International Law of the Sea Donald R Rothwell and Tim Stephens The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth’s surface. This book 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.

The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. 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, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement.

As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are 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.

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.

Feb 2016 | 9781782256847 | 608pp | Pbk | RSP: £54.99

Jun 2016 | 9781901362404 | 248pp | Pbk | RSP: £38.99

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Antarctica in International Law Edited by Ben Saul and Tim Stephens Antarctica, one of the world’s last great wildernesses, presents special challenges for international law. Fears that Antarctica would become a front in the Cold War catalysed agreement on the 1959 Antarctic Treaty which neither legitimised nor challenged the existing sovereign claims to the continent. The unique Antarctic Treaty System has provided the foundation for peaceful, harmonious and effective governance. There are, however, new anxieties about the frozen continent and the Southern Ocean. Antarctica already feels the effects of climate change and ocean acidification. Claimant states assert rights to the Antarctic continental shelf and interest in Antarctic resources grows.

Tourism brings new environmental and safety risks. China and other powers are increasing their activities, with some questioning the consensus of the ‘Antarctic club’. Security concerns are increasingly discussed, despite Antarctica’s dedication to peaceful purposes. This book brings together the main primary international materials concerning the regulation and governance of Antarctica, including multilateral and bilateral treaties, United Nations materials, ‘soft laws’ and judicial decisions. It covers the spectrum of Antarctic issues from environmental protection to scientific cooperation to tourism. As it shows, Antarctic law has constantly adapted to meet new challenges and is a sophisticated, inclusive, dynamic and responsive regime.

The Public International Law Study Guide for Students Exercises and Answers

Cristina Verones and Sébastien Rosselet A sound understanding of public international law is indispensable for any lawyer, whether working in an international or domestic context. It is therefore important that students have a thorough theoretical understanding of international law issues, and are able to apply the relevant international legal rules to a given set of facts, so as to arrive at a legally coherent conclusion. This practical aspect of learning international law is often neglected in favour of more theoretical aspects - which is where this book comes in. The book offers a series of hypothetical practical cases in public international law, including some of its specialised branches, such as international human rights law and international criminal law. It challenges students to practise and familiarise themselves with the methodology and to write solutions to practical international legal questions. The book is in two parts: part one contains practical (exam-like) questions, while part two contains the solutions. The practical questions in part one are organised by subject, such as treaty law or state responsibility. One chapter is dedicated to more complex 'interconnected' cases, where students are asked to tackle problems which span multiple potential cases and topics.

Ben Saul is Professor of International Law at the University of Sydney. Tim Stephens is Professor of International Law and an Australian Research Council Future Fellow at the Faculty of Law, University of Sydney.

Cristina Verones is a PhD Candidate at the Graduate Institute of International and Development Studies in Geneva, Switzerland. Sébastien Rosselet is a PhD Candidate at the University of Geneva, Switzerland and a Teaching Assistant at the Faculty of Law of the University of Geneva.

Mar 2015 | 9781849467315 | 1136pp | Pbk | RSP: £64.99

Jul 2012 | 9781849464543 | 474pp | Pbk | RSP: £26.99

The Settlement of International Disputes Basic Documents

Edited by Compiled by Christian J Tams and Antonios Tzanakopoulos This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse techniques of international dispute settlement, as recognised in Articles 2(3) and 33 of the UN Charter, such as negotiation, mediation, arbitration and adjudication. The book comprises the most relevant multilateral treaties establishing dispute settlement regimes, as well as examples of special agreements, compromissory clauses, optional clause declarations and relevant resolutions of international organisations. It covers both diplomatic and adjudicative methods of dispute settlement and follows a basic division between general dispute settlement mechanisms, and sectoral regimes in fields such as human rights, WTO law, investment, law of the sea, environmental law and arms control. The book is the first widely-available collection of key documents on dispute settlement. It is aimed at teachers, students and practitioners of international law and related disciplines.

Christian J Tams is Professor of International Law at the University of Glasgow. Antonios Tzanakopoulos is University Lecturer in Public International Law at the University of Oxford and Fellow of St Anne's College.

Sep 2012 | 9781849463034 | 864pp | Pbk | RSP: £64.99

An Introduction to the Law of the United Nations Robert Kolb This work aims to fill a gap in the existing legal literature by presenting a compact, concise but nevertheless panoramic view of the law of the United Nations. Today the organisation is at the centre of all multilateral international relations and impossible to avoid. And of course the UN Charter is a foundational document without which modern international law cannot be properly understood.

In spite of its importance, this pre-eminent world political organisation is poorly understood by the general public, and the extent and variety of its activities is not widely appreciated. Even lawyers generally possess insufficient knowledge of the way its legal institutions operate. Assessments of the organisation and judgements about its achievements are consequently frequently distorted.

This work is aimed especially at remedying these deficiencies in public and legal understanding, but also at presenting the organisation as a coherent system of values and integrated action. Thus the book presents an overarching view of the significance of the UN organisation in general, the history of its origins in the League of Nations, the aims and principles of the Charter, governmental agencies, members of the Organisation, the non-use of violence and collective security, the peaceful settlement of disputes, and the question of amendments to the Charter.

This work will be suitable for students of law and international relations, as well as scholars and those interested in the work and organisation of the United Nations.

Robert Kolb is Professor of Public International Law at the University of Geneva.

Feb 2010 | 9781841139371 | 274pp | Pbk | RSP: £34.99

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SOCIAL WELFARE LAW

SOCIO-LEGAL STUDIES

Law in a Complex State

Religion, Race, Rights

Neville Harris

Eve Darian-Smith

Complexity in the Law and Structure of Welfare

Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system.

It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens.

This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.

Neville Harris is a Professor of Law at the University of Manchester.

Oct 2013 | 9781849464451 | 310pp | Pbk | RSP: £32.99

SPORTS LAW

Landmarks in the History of Modern Anglo-American Law The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues.

In the twenty-first century, the economic might of the USA and the west often leads to a myopic vision of law and a belief in its universal application.

This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to previous colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.

Eve Darian-Smith is Professor of Global & International Studies at the University of California Santa Barbara, USA. May 2010 | 9781841137292 | 332pp | Pbk | RSP: £26.99

TAX LAW

Modern Sports Law

NINTH EDITION

Jack Anderson

Glen Loutzenhiser

A Textbook

The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports.

Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur.

Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally.

Tiley’s Revenue Law This is the ninth edition of John Tiley’s major text on revenue law, covering the UK tax system, income tax, capital gains tax and inheritance tax, as well as incorporating sections dealing with corporation tax, international and European tax, savings and charities.

This new edition is fully revised and updated with the latest case law, statutory and other developments, including Finance Act 2019.

The book is designed for law students taking the subject in the final year of their law degree, or for more advanced courses, and is intended to be of interest to all who enjoy tax law. Its purpose is not only to provide an account of the rules but also to include citation of the relevant literature from legal periodicals and some discussion of, or reference to, the background material in terms of policy, history or other countries’ tax systems.

Glen Loutzenhiser is Associate Professor of Tax Law, University of Oxford and Tutorial Fellow in Law of St Hugh's College, Oxford.

Aug 2019 | 9781509921331 | 1648pp | Pbk | RSP: £69.99

Jack Anderson is a Senior Lecturer in Law at Queen's University Belfast.

Oct 2010 | 9781841136851 | 424pp | Pbk | RSP: £37.99

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