LAW - HART NEW BOOKS
JULY-SEPTEMBER 2023
JULY-SEPTEMBER 2023
The Bloomsbury Academic Podcast is more than just a book talk. Each episode is its own unique forum, bringing Bloomsbury authors and experts to the front of the conversation and tackling key issues in today’s culture, both in academia and beyond. This show is for everyone interested in expanding their learning outside the classroom and exploring the dif cult discussions taking place in society every day.
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Cover image is from the book Plants by Numbers: Art, Computation, and Queer Feminist Technoscience (Bloomsbury Visual Arts, 2023)
A Global Horizon in Private International Law
Horatia Muir Watt, Po Law School, France
This important book offers an ambitious and interdisciplinary vision of private international law, combining pragmatic and theoretical dimensions Put simply, it is a generational magnum opus on the subject
The author, a recognised global expert, offers a truly transnational view to tackle issues such as digitalisation, identity and biotechnologies in our globalised world All international lawyers, be they in the private or public field, should read this book.
UK May 2023
• US May 2023
• 464 pages
HB 9781509940103 • £85 00 / $115 00
ePub 9781509940110 £76 50 / $103 94
ePdf 9781509940127 £76 50 / $103 94
Series: Hart Monographs in Transnational and International Law
Hart Publishing
Joanne F Sonin, London School of Economics and Political Science, UK
This book explores the evolution of the shareholder in post-war Britain within the context of changing legal, political, economic, and social conditions It examines how the post-war transformation of the shareholder body influenced relationships amongst stakeholders, impacting corporate behaviour and the legal and political efforts to govern industry and financial markets.
The book further considers how these post-war changes contribute to the post-1979 legal treatment of shareholder and stakeholder interests, including reforms to the Companies Act Parallels to the contemporary trends of stakeholder capitalism, corporate purpose, and corporate social responsibility are drawn
UK September 2023
HB 9781509966806
This book marks the fourth amendment of the Rules and Regulations since 1968 As a result, the legal framework of ICSID proceedings has been modernised, simplified and streamlined. A team of renowned practitioners and rising stars in the field of International Arbitration have analysed these updated frameworks, which include the ICSID Arbitration Rules, the Conciliation Rules, the Institution Rules as well as the Administrative and Financial Regulations, to offer practical and theoretical guidance for experienced lawyers and beginners in the field.
UK November 2022 • US December 2022 • 880 pages
HB 9781509967384 • £300 00 / $410 00
Beck/Hart/Nomos
World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
William Day, University of Cambridge, UK
This book argues that commercial law has three main concerns:
- Agency: the extent to which multiple parties can act on behalf of a single commercial enterprise;
- Risk: both performance risk and credit risk; and
- Dealings: the ability of, and limits on, parties dealing with property In exploring this trilogy, the book provides students and scholars with a view of commercial law in its broader context and considers pervasive themes including sources for commercial law, freedom of contract and its limits, the need for certainty and predictability, and the role for obligations of good faith and fair dealing
UK September 2023 US September 2023 112 pages
PB 9781509944224 • £12 99 / $17 95
ePub 9781509944231 • £11 69 / $16 19
ePdf 9781509944248 • £11 69 / $16 19
Series: Key Ideas in Law • Hart Publishing
• US September 2023
• £85 00 / $115 00
ePub 9781509966813 • £76 50 / $103 94
ePdf 9781509966820
• £76 50 / $103 94
• 368 pages
Series: Contemporary Studies in Corporate Law
• Hart Publishing
Pablo Ibáñez Colomo, London School of Economics and Political Science, UK
This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus that emerged in the early 2000s and that leads it into uncharted territories
The book presents the changes that the field is undergoing and illustrates them by reference to the most significant developments in the field. The analysis includes an up-to-date evaluation of the Digital Markets Act and discusses the application of EU competition law to key areas, including energy, pharma, telecommunications, and online platforms
An invaluable resource for practitioners and advanced students alike
• US November 2023
UK September 2023
PB 9781782259138
• £29 99 / $40 95
ePub 9781782259145
• 320 pages
• HB 9781509967100
• £26 99 / $36 44
ePdf 9781782259152 £26 99 / $36 44
Hart Publishing
• £95 00 / $130 00
Carolina Alves das Chagas, United Nations Office on Drugs and Crime, Austria
This book considers the impact of judicial avoidance: What happens when courts leave parts of the merits of the case, or their whole, undecided for different reasons
It presents examples of judicial avoidance, such as justiciability assessments and deferential approaches regarding the decision of another authority and addresses legitimacy issues involving judicial avoidance At its core it presents answers to two key questions:
- Is it legitimate to practise judicial avoidance?
- How can judicial avoidance be practised in a legitimate way?
UK August 2023 • US August 2023 • 224 pages
HB 9781509961498 • £85 00 / $115 00
ePub 9781509961504 • £76 50 / $103 94
ePdf 9781509961511 • £76 50 / $103 94
Series: Hart Studies in Constitutional Theory • Hart Publishing
Anne Carter, Deakin University, Australia
This book considers the relationship between proportionality and facts in constitutional adjudication It analyses where facts arise within each of the 3 stages of the structured proportionality test – suitability, necessity, and balancing – and it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation
The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a critical time when the doctrine is in its formative stages
UK July 2023 • US July 2023 • 272 pages
PB 9781509955497 • £42 99 / $58 95
Previously published in HB 9781509936984
ePub 9781509936991 £76 50 / $103 94
ePdf 9781509937004 £76 50 / $103 94
Series: Hart Studies in Constitutional Theory • Hart Publishing
Robert Thomas, University of Manchester, UK
This book analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK’s largest and most important administrative agencies, the immigration department In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law
Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, and how they are organised and held to account
UK August 2023
• US August 2023
• 384 pages
PB 9781509953158 £44 99 / $60 95
Previously published in HB 9781509953110
ePub 9781509953127 £81 00 / $110 69
This book is part of a 2-volume set which investigates the canon of constitutionally conforming interpretation Both volumes analyse the canon’s use in the national, supranational and international context and reflect on the issues raised.
This volume presents national reports from 22 jurisdictions, to shed light on the canon’s structural background, the conditions of its application, and its critical reception Together with volume 2, which explores the canon’s impact beyond the national context, this book sets the stage for cross-national discourse
UK September 2023 • US September 2023 • 672 pages
HB 9781509953844 • £150 00 / $200 00
ePub 9781509953851 • £135 00 / $183 59
ePdf 9781509953868 • £135 00 / $183 59
Series: Hart Studies in Constitutional Theory • Hart Publishing
Edited by Dimitrios Kyritsis, University of Essex, UK & Stuart Lakin, University of Reading, UK
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines? Should we study constitutions in isolation or in a comparative context?
This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship
UK August 2023 • US August 2023 • 464 pages
PB 9781509957699 • £44 99 / $60 95
Previously published in HB 9781509933846
ePub 9781509933853 • £85 50 / $116 09
ePdf 9781509933860 • £85 50 / $116 09
Series: Hart Studies in Constitutional Theory Hart Publishing
Edited by Matthias C Kettemann, University of Innsbruck, Austria & Konrad Lachmayer, Sigmund Freud University, Austria
This open access book situates the impact of COVID-19, and the fight against the virus, on Europe’s democracies The book sets the theoretical stage and answers the democratic questions engaged by health emergencies Seven national case studies – the UK, Germany, Italy, Sweden, Hungary, Switzerland, and France – show how different states reacted to the pandemic
The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
UK July 2023 US July 2023 448 pages
• £42 99 / $58 95
PB 9781509946402
Previously published in HB 9781509946365
ePdf 9781509953134
• £81 00 / $110 69 Hart Publishing
ePub 9781509946372
• £0 00 / $0 00
ePdf 9781509946389 • £0 00 / $0 00
Hart Publishing
Edited
by Joe Tomlinson, University of York, UK & Anne Carter, Deakin University, AustraliaThis book considers how courts engage with questions of fact in public law adjudication It also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts
The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making
UK September 2023
• US September 2023
HB 9781509957385 • £95 00 / $130 00
ePub 9781509957392 • £85 50 / $116 09
ePdf 9781509957408 • £85 50 / $116 09
Hart Publishing
• 368 pages
Isabelle Mitchell, Peter Watkin Jones & Sarah Jones, all Eversheds Sutherland (International) LLP & Emma Ireton, Nottingham Trent University
Drawing on the authors’ extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, this book provides an invaluable, comprehensive guide to the public inquiry process
With its user-friendly format of summaries, checklists, ‘top tips’ and flow charts, this book, the first practical guide to public inquiries, provides guidance from the setting up of a public inquiry through to its close It includes information on: the appointment of the chairman and inquiry team; the choice and significance of the venue; the drawing up of inquiry procedures, protocols and rulings; the appointment and role of core participants; evidence taking; conducting and attending hearings; the role of experts and the writing and publication of the inquiry report
UK February 2023
• US February 2023 • 328 pages
PB 9781509968718 • £41 99 / $57 95
Previously published in HB 9781509928347
ePub 9781509928323 • £37 79 / $51 29
ePdf 9781509928330 • £37 79 / $51 29
Hart Publishing
Edited by Michael Gordon, University of Liverpool, UK & Adam Tucker, University of Liverpool, UK
The 20th anniversary of the election of the New Labour government in 1997 provides an ideal opportunity to assess the way in which this major programme of constitutional reform changed the nature of the UK constitution This book brings together essays from leading academics in UK public law and politics which assess different aspects of the ‘New Labour Constitution’ 20 years on In combination, these essays analyse the scale and significance of substantive changes, the process of constitutional reform established during this period, and the legacy of New Labour’s constitutional project
UK September 2023 US September 2023 480 pages
PB 9781509957255 • £44 99 / $60 95
Previously published in HB 9781509924646
ePub 9781509924653
ePdf 9781509924660
This book examines the jurisprudence of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the InterAmerican Court of Human Rights By looking at the reason-giving practice by courts, the volume considers how Latin American courts justify their decisions, which is the precondition for constructive criticism and improvement
Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases� It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most and the least prolific in their reasoning activities.
UK August 2024 • US August 2024 • 592 pages
HB 9781509960170 • £120 00 / $160 00
ePub 9781509960187 • £108 00 / $147 14
ePdf 9781509960194 • £108 00 / $147 14
Series: Constitutionalism in Latin America and the Caribbean • Hart Publishing World All Languages (except Spanish)
Manfred Stelzer, University of Vienna, Austria
This book shows how the Austrian Constitution has been shaped by fundamental events in Austria's modern history It emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of 9 states It charts the history and character of the constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction; and fundamental Rights Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascinating constitutional structure
UK September 2023 • US September 2023 • 304 pages
PB 9781509956739 • £26 99 / $36 95
Previously published in HB 9781509956692
ePub 9781509956708 • £76 50 / $103 94
ePdf 9781509956715 • £76 50 / $103 94
Series: Constitutional Systems of the World Hart Publishing
Edited by Xandra Kramer, Utrecht University, the Netherlands, Stefaan Voet, KU Leuven, Belgium, Lorenz Ködderitzsch, Johnson & Johnson, Belgium, Magdalena Tulibacka, Emory Law School Atlanta, Georgia, USA & Burkhard Hess, Max Planck Institute, Luxembourg
In this Liber Amicorum, leading experts and long-time friends come together to pay tribute to Christopher Hodges by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery
Throughout his academic career, Christopher Hodges worked on a variety of topics dealing with access to justice and dispute resolution His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book
UK October 2022
• US December 2022
• 344 pages
• £81 00 / $110 69
• £81 00 / $110 69
Series: Hart Studies in Constitutional Law
• £100 00 / $135 00
HB 9781509961542
ePub 9781509961559
ePdf 9781509961566
Hart Publishing
• £90 00 / $122 84
• £90 00 / $122 84
Marcus Moore, University of British Columbia, Canada
This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate ‘contracts of adhesion’ It adopts a ‘law in context’ methodology to offer solutions
The methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems It looks at models in the US, Canada, the UK, and the EU As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided are much needed
• US November 2023
UK November 2023
HB 9781509951208
• £85 00 / $115 00
ePub 9781509951215
• £76 50 / $103 94
ePdf 9781509951222 £76 50 / $103 94
• 288 pages
Series: International Studies in the Theory of Private Law Hart Publishing
Edited by James Goudkamp, University of Oxford, UK, Mark Lunney, King’s College
London, UK & Leighton McDonald, Australian National University
This book celebrates the scholarship of Peter Cane, one of the world’s leading legal scholars of the present age The book is comprised of essays written by admirers of Cane’s scholarship The essays probe a wide range of issues, especially in administrative law and tort law, that have long concerned him Consistently with the international prominence that Cane’s research has enjoyed, the contributors are drawn from across the common law world Their essays will be of value to anyone who is interested in Cane’s unique contribution to private and public law scholarship
UK July 2023
• US July 2023
• 392 pages
PB 9781509956074 £44 99 / $60 95
Previously published in HB 9781509940721
ePub 9781509940738 • £85 50 / $116 09
ePdf 9781509940745 • £85 50 / $116 09
Hart Publishing
Rachel Leow
This book offers a succinct framework for analysing and answering corporate attribution Taking a broad private law perspective, it determines how companies are held accountable under tort law, contract law and unjust enrichment It argues that attribution is best understood as turning on the same feature: the allocation of the company’s powers to act as human individuals By taking this approach, it allows for a much greater and clearer understanding of attribution Looking at the question from the broad expanse of the common law, this book will be of interest to lawyers in the United Kingdom, Australia, New Zealand and Singapore
UK August 2023
• US August 2023
• 280 pages
PB 9781509941827 • £41 99 / $57 95
Previously published in HB 9781509941353
ePub 9781509941360 • £76 50 / $103 94
ePdf 9781509941377 • £76 50 / $103 94
Series: Hart Studies in Private Law
• Hart Publishing
Peter Jaffey, University of Leicester, UK
This book sets out a general approach to private law, covering contract, tort and private property Identifying certain fundamental aspects of these areas, it illustrates how this approach can provide solutions to longstanding problems It goes on to consider the nature of theories of law in order to make clear the sort of theory suggested Furthermore, it looks at common law legal reasoning and how it is related to the suggested approach� This provides a unique way of thinking about private law and its role in dispensing justice which will be of interest to all those in the field.
UK August 2023 • US August 2023
HB 9781509953882
In this collection, one of the key commentators on the modern law of tort presents his key articles, with his comment on their impact and reception It focuses on tortious liability and the law of negligence Taking a coherent approach, its 3 part structure looks at negligence; nuisance and Rylands v Fletcher; and tort in general. It makes a significant contribution to debates about the limits and scope of liability in tort law in the UK and other common law systems. Tort scholars and practitioners alike will find this an invaluable statement on tortious liability in the 21st century
UK August 2023
• US August 2023
HB 9781509961924
• 480 pages
• £80 00 / $110 00
ePub 9781509961931
ePdf 9781509961948
Hart Publishing
• £72 00 / $98 54
• £72 00 / $98 54
• 256 pages
• £85 00 / $115 00
ePub 9781509953899 • £76 50 / $103 94
ePdf 9781509953905 • £76 50 / $103 94
Series: Hart Studies in Private Law • Hart Publishing
John Murphy, University of Lancaster, UK
This book asks whether the economic torts can be considered as a unified whole. Economic torts play a key role in the development of private law The landmark case in the field, OBG v Allan, is one of the most important decisions in the entire law of torts Any search for unity, however, is challenging This book shows that although some juridical connections exist between some of these torts, there is far more that separates than unites them� Offering a unique perspective, this is a landmark publication on the law of economic torts
UK August 2023
• US August 2023
PB 9781509955480
• 320 pages
• £41 99 / $57 95
Previously published in HB 9781509927319
ePub 9781509927326
ePdf 9781509927333
• £76 50 / $103 94
• £76 50 / $103 94
Series: Hart Studies in Private Law
• Hart Publishing
Catrina Denvir, Monash University, Australia, Jacqueline Kinghan, University of Glasgow, UK, Jessica Mant, Monash University, Australia & Daniel Newman, Cardiff University, UK
This book provides a snapshot of the state of contemporary access to justice in England and Wales Through data collected via the Legal Aid Census 2021 and Legal Aid Student Survey 2021, the book examines the impact of austerity and related policies on those at the coalface of social justice and legal aid work It documents the current state of the profession and the social and economic factors that make working in the profession harder than ever before The book will stimulate debate as to the fate of access to justice and legal aid in the future
UK July 2023 • US July 2023 • 288 pages
HB 9781509957804 £85 00 / $115 00
ePub 9781509957811 £76 50 / $103 94
ePdf 9781509957828 • £76 50 / $103 94
Hart Publishing
Beatrice Krebs, University of Reading
In R v Jogee the UK Supreme Court did not just abolish parasitic accessory liability, it also redrew the boundaries of murder and manslaughter in situations of multi-handed acts of escalating violence This book considers what scope remains post-Jogee for charging parties to a crime A with murder for a death (crime B) caused by one of their associates, and when a conviction for manslaughter will be appropriate instead In Jogee, the UK Supreme Court suggested that convictions in the paradigm cases of spontaneous group violence would be based on manslaughter by unlawful dangerous act The book will discuss whether manslaughter by recklessness or manslaughter by gross negligence are more appropriate in some scenarios, and how the principles of accessory liability can be combined so as to ground a manslaughter conviction in the first place. One problem the law currently faces is that offence elements that were shaped in the single offender context do not invariably lend themselves to application in multi-defendant contexts, and their use in typical joint enterprise scenarios might not be as straightforward as Jogee suggests This is where the book’s comparative analysis of German criminal law proves useful The book explores how English law can learn from the German experience, including from mistakes that were made in Germany along the way
UK August 2023 • US August 2023 • 320 pages
HB 9781509914807 • £80 00 / $110 00
ePub 9781509914821 • £72 00 / $98 54
ePdf 9781509914814 • £72 00 / $98 54
Hart Publishing
Edited by A P Simester, National University of Singapore
This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of G R (Bob) Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan’s Criminal Law: Theory and Doctrine The contributors examine areas in which Professor Sullivan’s own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law
UK August 2023 • US August 2023 • 352 pages
HB 9781509956142 £85 00 / $115 00
ePub 9781509956159 £76 50 / $103 94
ePdf 9781509956166 £76 50 / $103 94
Hart Publishing
Edited by Micheál Ó Floinn, University of Glasgow, UK, Lindsay Farmer, University of Glasgow, UK, Julia Hörnle, Queen Mary University of London, UK & David Ormerod KC, University College London, UK
This book, based on a series of papers presented at the 2021 WG Hart Legal Workshop, asks how the concept of jurisdiction can meet the challenges posed by transnational dimensions of criminal offences today Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges
UK August 2023 US August 2023 432 pages
HB 9781509954223 £85 00 / $115 00
ePub 9781509954230 • £76 50 / $103 94
ePdf 9781509954247 • £76 50 / $103 94
Hart Publishing
Lucy Welsh, University of Sussex, UK
This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process
The author argues that defendants have always been marginalised through particular features of magistrates’ court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court)
The study is ethnographic, based on observation conducted in four magistrates’ courts in South East England and interviews with both defence lawyers and Crown prosecutors�
UK July 2023 US July 2023 240 pages
PB 9781509956777 £42 99 / $58 95
Previously published in HB 9781509937837
ePub 9781509937844 • £76 50 / $103 94
ePdf 9781509937851 • £76 50 / $103 94
Hart Publishing
Valsamis Mitsilegas, University of Liverpool, UK, Katalin Ligeti, University of Luxembourg & Anne Weyembergh, Université Libre de Bruxelles
The European Arrest Warrant (EAW), the cornerstone of European criminal law, is twenty years old This collection brings together the leading commentators in the field to assess its merits and successes, and to suggest improvements Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW This is an important assessment of the EAW, destined to become the point of reference in the field.
UK October 2023 • US October 2023 • 464 pages
HB 9781509961061 • £95 00 / $130 00
ePub 9781509961078 £85 50 / $116 09
ePdf 9781509961085 £85 50 / $116 09
Series: Hart Studies in European Criminal Law Hart Publishing
Black Markets in Gold, Wildlife, and Timber
Daan van Uhm, Utrecht University, the Netherlands
Developing an innovative approach to understanding how organized crime groups diversify into the illegal trade in natural resources, this book looks at the convergence between environmental crime and other serious crimes
UK August 2023
• US August 2023
HB 9781440879609
Praeger
• 360 pages • 61 illus
• £50 00 / $65 00
Parliamentary Democracy in an Age of Fragmentation
Giovanni Rizzoni, LUISS University of Rome, Italy
This book explores a specific aspect of modern parliamentarism: its ability to produce and organise political knowledge The book argues the very meaning of modern parliamentarism cannot properly be understood without considering the cognitive value which is inherent in the representative function discharged by parliaments, vis-a-vis the political community It does this by applying the theory of parliamentary encyclopaedism Exploring the concept from ancient times to modernity, it addresses the fundamental question of the relationship between knowledge and decision-making This is a truly innovative book, challenging, provocative and asking crucial questions of how parliaments work and legislate
UK October 2023
• US October 2023
HB 9781509963911
• £90 00 / $120 00
ePub 9781509963928
ePdf 9781509963935
This book looks at the interplay between criminal and public law
The need for clarifying the concepts and the interlink between administrative and criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice The book adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems
The collection draws on expertise from academia, practice and policy and their high quality analysis will appeal to both scholars and policymakers alike
UK August 2023 • US August 2023 • 440 pages
PB 9781509957262 • £44 99 / $60 95
Previously published in HB 9781509932863
ePub 9781509932870 • £85 50 / $116 09
ePdf 9781509932887 £85 50 / $116 09
Series: Hart Studies in European Criminal Law Hart Publishing
Olivia Woolley, Durham University, UK
This is the first textbook to provide a clear understanding of law’s role in promoting the global growth of renewable energy production and consumption
The book introduces readers to the main legal frameworks shaping the rise of renewables
Clear explanations of challenges commonly confronting renewable developments and the legal responses to them aid readers’ understanding whatever their background The author, a leading researcher in energy and environmental law, has drawn on 10 years’ experience of developing and teaching research-led courses on renewable energy law to produce an authoritative but accessible work
UK April 2023 • US May 2023
• 288 pages
PB 9781509936472 • £32 99 / $44 95 • HB 9781509967810 • £100 00 / $135 00
ePub 9781509936489 • £29 69 / $40 49
ePdf 9781509936465 • £29 69 / $40 49
Hart Publishing
The Constitutional Role of Private Law Adjudication in Europe
Edited by Chantal Mak, University of Amsterdam, the Netherlands & Betül Kas, Erasmus University Rotterdam, the Netherlands
Public law has always been seen as the vehicle for driving polity building in Europe But what role might private law play?
This collection argues that it plays a crucial one, as interactions in civil society are the bedrock of any shared identity The book takes a 4-part approach; firstly, it explores the theoretical questions at play before moving onto a discussion of judicial activity in European private law Next, it offers case studies to further support its position In the final section, practitioners articulate the role that European private law judges see for themselves in building common ground
• 384 pages
• £81 00 / $110 69
• £81 00 / $110 69
Series: Parliamentary Democracy in Europe
• Hart Publishing
UK July 2023 US July 2023 336 pages
HB 9781509941674 • £85 00 / $115 00
ePub 9781509941681
ePdf 9781509941698
Hart Publishing
• £76 50 / $103 94
• £76 50 / $103 94
This book explores the role of the European Union (EU) in Baltic Sea Area (BSA) cooperation and regulation. It particularly focuses on the specific role of the Union Questions investigated include: in what way does the Union participate in, or otherwise influence, the activities of States, international organisations and other actors involved in BSA cooperation and regulation? How has the membership of eight out of nine Baltic Sea coastal States in the EU affected cooperation in the region? Leading experts in the field, give much needed answers to these key questions
UK June 2023 • US June 2023 • 352 pages
HB 9781509956241 • £85 00 / $115 00
ePub 9781509956258 • £76 50 / $103 94
ePdf 9781509956265 • £76 50 / $103 94
Series: Modern Studies in European Law • Hart Publishing
Switzerland & Ramses A Wessel, University of Groningen, the Netherlands
This edited collection scrutinises practice and situations in which the EU and its Member States jointly undertake obligations under international law, towards third states or within international organisations Contributing to the conversation on ‘mixity’, it reframes and renews the debate on mixed agreements by exploring and comparing all types of joint participations� Each chapter is written by a team, representing another original form of ‘joint participation’ to legal scholarship
UK August 2023
• US August 2023
PB 9781509945917
• 328 pages
• £44 99 / $60 95
Previously published in HB 9781509945870
ePub 9781509945887
• £85 50 / $116 09
ePdf 9781509945894 • £85 50 / $116 09
Series: Modern Studies in European Law • Hart Publishing
Šejla Imamovic, Maastricht University, The Netherlands
Much has been written on the protection of fundamental rights in the EU and the ECHR systems from the national perspective. This book is the first to do so while also providing the European perspective
With great analytical precision, the book sets out all the central aspects of the new EU rights landscape Its case law analysis allows for a deep understanding of what the courts do and why This is a welcome addition to EU fundamental rights literature
UK July 2023
• US July 2023
• 256 pages
PB 9781509955503 £41 99 / $57 95
Previously published in HB 9781509940585
ePub 9781509940592
ePdf 9781509940608
Edited by Adam Lazowski, University of Westminster, UK & Alicja Sikora, Jagiellonian University, Poland
This book provides a thorough assessment of EU regulations It also looks at their application in all twenty-seven Member States and some neighbouring countries EU regulations are perceived as the most effective sources of EU secondary legislation Part 1 examines these points, providing the analytical backdrop to the remaining chapters In Parts 2 and 3 the focus moves to the reception of regulations in Member States and selected neighbouring jurisdictions Written by leading practitioners and academics, the book offers a conceptual underpinning to the European Union’s regulatory law-making, as well as a practical exploration of their impact and application
UK January 2024 • US January 2024 • 688 pages
HB 9781509956593 • £150 00 / $200 00
ePub 9781509956609 • £135 00 / $183 59
ePdf 9781509956616 £135 00 / $183 59
Hart Publishing
Edited by Matteo Bonelli & Mariolina Eliantonio, both Maastricht University, the Netherlands & Giulia Gentile, LSE Law School, UK
The principle of effective judicial protection (PEJP) is specifically provided for in the EU Charter of Fundamental Rights Article 47 But how effective is the protection it affords? This 2nd volume of an ambitious 2-volume study explores how the national courts have interpreted the PEJP It takes a comparative overview of the case law to assess the level of convergence/divergence of national courts’ approaches The questionnaire methodology allows for an accurate charting of the application of national courts, divergence and the ensuing problems It will be of interest to EU constitutional scholars and comparative lawyers
UK November 2023 • US November 2023 • 336 pages
HB 9781509947997 • £90 00 / $120 00
ePub 9781509948000 • £81 00 / $110 69
ePdf 9781509948017 • £81 00 / $110 69
Hart Publishing
Edited by Dimitry Kochenov, University of Groningen, the Netherlands & Madeleine Sumption & Martijn van den Brink, both University of Oxford, UK
This open access book takes a multi-disciplinary approach to investment migration to understand its legal, political, and conceptual implications It documents trends in investment migration and their implications for citizenship It then provides a legal and normative assessment of investment migration, from the perspective of both EU and international law Finally, it presents case studies on investment migration practices from around the world
The open access edition of this book is available under a CC BY-NCND 4.0 licence on bloomsburycollections.com.
• £76 50 / $103 94
• £76 50 / $103 94
Series: Modern Studies in European Law
• Hart Publishing
UK January 2024 • US January 2024 • 384 pages
HB 9781509955220 • £85 00 / $115 00
ePub 9781509955237 £0 00 / $0 00
ePdf 9781509955244 £0 00 / $0 00
Hart Publishing
This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union This collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia The contributors offer a new analytical scheme to evaluate the judicial invocation of identity, drawing on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives
The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
UK May 2023 • US May 2023 • 288 pages
HB 9781509960125 • £85 00 / $115 00
ePub 9781509960132 • £76 50 / $103 94
ePdf 9781509960149 • £76 50 / $103 94
Hart Publishing
Chiara Berneri, Open University, UK
This book examines private sponsorships as a new legal pathway for refugees to resettle in Europe
It explores the private sponsorship arrangements currently adopted around the world, analysing them within the broader context of the national legislation to which they belong and commenting on the legislation that enforces them Crucially, the book outlines which aspects of private sponsorships work, which do not work, and which could work with some improvements Building upon this background, the book makes suggestions on how to move forward, both at state level in Europe and EU level
UK April 2024
• US April 2024
HB 9781509922185
• 208 pages
• £60 00 / $80 00
ePub 9781509922192
• £54 00 / $74 24
ePdf 9781509922208 £54 00 / $74 24
Hart Publishing
Edited by Ekaterina Aristova, Bonavero Institute of Human Rights, UK & Ugljesa Grusic, University College London, UK
What private law avenues are open to victims of human rights violations? This collection explores this question across sixteen jurisdictions in the Global South and Global North, examining mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions This global perspective assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines A much needed statement on responding to human rights violations
UK August 2023
• US August 2023
• 400 pages
PB 9781509947638 £49 99 / $67 95
Previously published in HB 9781509947591
ePub 9781509947607 £90 00 / $122 84
ePdf 9781509947614
Hart Publishing
Edited by Allan Rosas, European Commission, Belgium, Juha Raitio, University of Helsinki, Finland & Pekka Pohjankoski, University of Helsinki, Finland
This study grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law Drawing on the expertise of leading scholars and judges, it takes a dual approach
It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence
It goes onto explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.
UK June 2023 • US June 2023 • 288 pages
HB 9781509955077 • £90 00 / $120 00
ePub 9781509955084 • £81 00 / $110 69
ePdf 9781509955091 • £81 00 / $110 69
Hart Publishing
Edited by Joanna Miles, University of Cambridge, UK, Daniel Monk, Birkbeck, University of London, UK & Rebecca Probert, University of Exeter, UK
The enactment of the Divorce Reform Act 1969 was a landmark moment This collection explores the background to the Act and its legal and social influence. Bringing together scholars from law, sociology, history, demography and film, it reflects on changes to divorce law over the last half-century. It then looks at the Act itself It explores divorce within different groups To conclude, it reflects on the current Divorce, Dissolution and Separation Bill It illuminates not only the Act but a period of societal change
UK August 2023 • US August 2023 • 312 pages
PB 9781509947928 £41 99 / $57 95
Previously published in HB 9781509947881
ePub 9781509947898 • £76 50 / $103 94
ePdf 9781509947904 • £76 50 / $103 94
Hart Publishing
Edited by Kathryn McNeilly, Queen’s University, UK & Ben Warwick, Birmingham Law School, UK
This collection brings together a range of international contributors to stimulate discussions on time and international human rights law, a topic that has been given little attention to date The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses
UK August 2023
• US August 2023
PB 9781509949991
• 256 pages
• £41 99 / $57 95
Previously published in HB 9781509949908
ePub 9781509949915
ePdf 9781509949922
• £76 50 / $103 94
• £76 50 / $103 94
Series: Human Rights Law in Perspective
• Hart Publishing
• £90 00 / $122 84
Gautam Bhatia, Freie University Berlin, Germany
This book argues that contemporary constitutionalism is characterised by a ‘default vertical’ approach to constitutional rights ‘Default verticality’ means that while horizontal constitutional rights are not unknown, their existence and application are exceptional and in need of special justification. Taking a 2-part approach, it firstly develops the theoretical and conceptual articulation of the institutional approach The second half of the book applies it to two scenarios: the legal regulation of platform work, and of domestic relationships Global in scope, it draws on examples from the common law world, the United States, and South Africa
UK August 2023 US August 2023 320 pages
HB 9781509967612 £85 00 / $115 00
ePub 9781509967629 £76 50 / $103 94
ePdf 9781509967636 • £76 50 / $103 94
Hart Publishing
Intellectual Property Law and Practice
Emma Perot, University of the West Indies, Jamaica
This book investigates the commercialisation of celebrity persona in the UK, New York, and California Interviews with 68 practitioners across the advertising, merchandising, film, and video game industries provide insight on the differences in approaches across jurisdictions, as well as the similarities caused by non-legal factors Furthermore, the book addresses the developments in technology, social media, and social norms that have made collaboration attractive to maintain favour with fans�
Anyone who is interested in the multi-million dollar business of celebrities as assets will benefit from this book.
UK September 2023
HB 9781509966097
• US September 2023
• £85 00 / $115 00
ePub 9781509966103 • £76 50 / $103 94
ePdf 9781509966110
Hart Publishing
This book explores the challenges posed by contemporary labour migration for employment law regimes in highly developed countries The authors of individual chapters are leading scholars of employment law, in the United Kingdom, other European countries, Australia and Canada One theme in the work is the effects of migration levels and patterns upon general employment law Other chapters are concerned with the equality for migrant workers, avenues for the redress of exploitation, and the position in employment law of migrant workers without a right to work
UK April 2023 • US April 2023
• 400 pages
PB 9781509968329 • £44 99 / $60 95 • HB 9781509919147 • £70 00 / $95 00
ePub 9781509919154 • £40 49 / $55 34
ePdf 9781509919161 • £40 49 / $55 34
Hart Publishing
History, Law, and the Circulation of Geographical Knowledge
Isabella Alexander, University of Technology
Sydney, Australia
This open access book explores the intertwined histories of mapmaking and copyright law in Britain from around 1700 to the end of World War I Taking a multidisciplinary approach and making extensive use of the archival record, the book examines how the emergence and development of copyright law affected mapmakers and the map trade, and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Australian Research Council.
UK July 2023 US July 2023 352 pages
• 272 pages
HB 9781509958337 • £85 00 / $115 00
ePub 9781509958344 • £0 00 / $0 00
ePdf 9781509958351 • £0 00 / $0 00
• £76 50 / $103 94
A Genre-by-Genre Analysis
Edited by Enrico Bonadio, City, University of London, UK & Chen Wei Zhu, University of Birmingham, UK
This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world It evaluates how copyright laws under different generic conventions influence, or are influenced by, time-honoured creative borrowing practices
Leading experts from around the world scrutinise a carefully selected range of musical genres; and this genre-specific analysis is preceded by a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, copyright’s struggle with musical genres and the typology of music borrowing practice under different generic conventions
UK October 2023
• US October 2023
HB 9781509949380
• 704 pages
• £140 00 / $190 00
ePub 9781509949397
ePdf 9781509949403
Hart Publishing
• £126 00 / $171 44
• £126 00 / $171 44
Hart Publishing
Serban Filipon, Integrate Investment, Romania
This book provides a strategic and pragmatic perspective towards regulation, policy, and implementation of framework agreements, supplier lists, and akin tools in public procurement
The book examines the following public procurement systems or legal instruments: the UNCITRAL Model Law on Public Procurement, the World Bank, the US federal procurement system, EU law, France, Romania, and the UK pre- and post-Brexit
By deconstructing over 20 ‘clusters’ of tools into their key features, the book reconstructs a conceptual framework across public procurement systems and delivers essential material for increased efficiency and effectiveness in public procurement.
UK July 2023 US July 2023 304 pages
• £85 00 / $115 00
HB 9781509959907
ePub 9781509959914
ePdf 9781509959921
Hart Publishing
• £76 50 / $103 94
• £76 50 / $103 94
Philip Coppel KC, Cornerstone Barristers, UK
The 6th edition of the leading practitioner text on information law includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering over 250 new judgments and decisions
Volume 1 provides a comprehensive coverage of the data protection regime, freedom of information and environmental information law, as well as other rights of access to official information such as local government legislation and the Public Records Act There is detailed coverage of appeal and regulatory procedures Volume 2 comprises extensive annotated statutory material, including the DPA 2018, the UK GDPR, FOIA, Tribunal rules and statutory guidance
UK June 2023 • US August 2023 • 2404 pages
HB Pack 9781509967308 • £250 00 / $340 00
ePub 9781509967315 • £225 00 / $305 09
ePdf 9781509967322 • £225 00 / $305 09
Hart Publishing
In Transitional Times
Edited by Hideyuki Matsumi & Paul De Hert, both Vrije Universiteit Brussel, Belgium, Dara Hallinan & Diana Dimitrova, both FIZ Karlsruhe – Leibniz Institute for Information Infrastructure, Germany & Eleni Kosta, Tilburg University, the Netherlands
This is a new volume collecting a selection of cutting-edge papers from the 15th CPDP Conference (2022) on legal, regulatory, academic, and technological developments in privacy and data protection
This volume brings together papers that highlight issues, propose solutions, and discuss practices regarding privacy and data protection in transitional times Topics include: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique; effectiveness of privacy consent dialogues; individuals in data protection law; and data subject rights in the platform economy
UK May 2023 • US June 2023 • 272 pages
HB 9781509965908 • £55 00 / $75 00
ePub 9781509965915 • £49 50 / $67 49
ePdf 9781509965922 • £49 50 / $67 49
Series: Computers, Privacy and Data Protection • Hart Publishing
Statutory Discrimination Law in the UK, Canada and Australia
Alice Taylor, Bond University, Australia
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law, and tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results The author takes a comparative approach by considering the interpretation of statutory discrimination law in the UK, Canada and Australia
The book argues that differences in the case law are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each jurisdiction
UK August 2023 US August 2023 272 pages
• £85 00 / $115 00
HB 9781509952922
ePub 9781509952939
ePdf 9781509952946
Hart Publishing
Edited by Edoardo Celeste, Dublin City University, Ireland, Róisín Á Costello, Dublin City University, Ireland, Edina Harbinja, Aston University, UK & Napoleon Xanthoulis, University of Southampton, UK
This book examines the evolution of UK data protection law post-Brexit and its implications from a digital sovereignty perspective It analyses the latest legal and policy developments in this context, focusing on data protection but also exploring its intersection with other related regulatory areas, such as artificial intelligence and online safety. Renowned international experts contextualise current regulatory trends and policy proposals to understand whether a new UK model in the field of digital regulation is emerging and to what extent this will exacerbate existing tensions between the UK and the EU
UK September 2023 • US September 2023 • 336 pages
HB 9781509966486 £85 00 / $115 00
ePub 9781509966493 £76 50 / $103 94
ePdf 9781509966509 • £76 50 / $103 94 Hart Publishing
Algorithmic Actants, Hybrids, Crowds
Anna Beckers, Maastricht University, the Netherlands & Gunther Teubner, Goethe University, Germany
This book proposes 3 liability regimes to combat the wide responsibility gap caused by AI systems Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social sciences analysis specifies the sociotechnical configurations of this threefold typology and theorises their social risks when being used in social practices: actants raise the risk of digital autonomy, hybrids the risk of double contingency, crowds the risk of opaque interconnections The book demonstrates that it is these specific risks to which the law needs to respond by developing corresponding liability rules
UK July 2023 • US July 2023 • 240 pages
PB 9781509949373 • £42 99 / $58 95
Previously published in HB 9781509949335
ePub 9781509949342 • £76 50 / $103 94
ePdf 9781509949359 • £76 50 / $103 94
Hart Publishing
Digital Picket Line
Anthony Forsyth, RMIT University, Australia
This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state
This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitallyactive workers
UK August 2023
• US August 2023
• 368 pages
PB 9781509956432 • £42 99 / $58 95
Previously published in HB 9781509924974
ePub 9781509924981 £76 50 / $103 94
ePdf 9781509924998 £76 50 / $103 94
Hart Publishing
• £76 50 / $103 94
• £76 50 / $103 94
Aileen McColgan KC, 11KBW, UK
This textbook offers comprehensive coverage of the Equality Act 2010 and of the equality aspects of the Human Rights Act 1998 and European Convention on Human Rights It encourages critical analysis of equality law to equip the reader with an understanding of the enduring challenges that frame equality law and contemporary responses to those challenges
For undergraduates studying discrimination law, the book provides a one-stop shop This book is also a key core text for any postgraduate discrimination law course and will provide those engaged in research with a solid base for further independent study
UK April 2023 • US May 2023 • 784 pages
PB 9781849462464 £49 99 / $67 95 HB 9781509966592 £160 00 / $220 00
ePub 9781509928446 £44 99 / $60 74
ePdf 9781509928439 • £44 99 / $60 74
Hart Publishing
George Pavlakos, University of Glasgow, UK
Edited by Thomas Bustamante, Federal University of Minas Gerais, Brazil & Margaret Martin, Western University, Canada
This book considers the seminal debate in contemporary jurisprudence between Ronald Dworkin and Stanley Fish It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law
UK August 2023
• US August 2023
HB 9781509961795
• 576 pages
• £100 00 / $135 00
ePub 9781509961801
ePdf 9781509961818
• £90 00 / $122 84
• £90 00 / $122 84
Series: Law and Practical Reason • Hart Publishing
The Regulator and the Class Action in Australia’s Continuous Disclosure Regime
Michael Legg, University of New South Wales, Australia
This book addresses the development and ramifications of public (government regulator) and private enforcement (class actions) in Australia, drawing on original case studies and empirical analysis of securities regulation It assesses the ramifications of intersecting public and private enforcement on each other, the achievement of the goals of enforcement, and the regulatory process
The book will appeal to practitioners, regulators and academics across jurisdictions interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction
UK August 2023 US August 2023 336 pages
PB 9781509956784 £42 99 / $58 95
Previously published in HB 9781509941513
ePub 9781509941537 • £76 50 / $103 94
ePdf 9781509941520 • £76 50 / $103 94
Series: Civil Justice Systems
• Hart Publishing
Edited by Mark Hill KC, Cardiff University, UK & Lina Papadopoulou, Aristotle University of Thessaloniki, Greece
This edited collection examines the challenges, faced by Muslim practice and Islamic belief within the legal and political framework of Europe
Its 16 chapters are divided into 4 parts: (I) Constitutional challenges, (II) Religious freedom and other human rights, (III) Supranational and comparative approaches, and (IV) Securitisation and Islamophobia These parts are preceded by an introductory chapter setting the scene and a concluding chapter seeking to draw robust conclusions and to venture some predictions for the years ahead
UK September 2023 US September 2023 336 pages
HB 9781509966950 £95 00 / $130 00
ePub 9781509966967 £85 50 / $116 09
ePdf 9781509966974 • £85 50 / $116 09
Hart Publishing
Paolo Sandro, University of Leeds, UK
This book presents a comprehensive analytical account of the distinction between creating and applying law within the context of modern constitutional democracies It argues that the relevance of such a distinction transcends jurisprudential enquiry and is a crucial component of political theory
The book casts new light on long-standing issues in constitutional and administrative law, such as the role of discretion in the law-making process and the scope of the separation of powers doctrine
UK July 2023 • US July 2023 • 416 pages
PB 9781509955213 • £42 99 / $58 95
Previously published in HB 9781509905225
ePub 9781509905232 • £76 50 / $103 94
ePdf 9781509905218 • £76 50 / $103 94
Series: Law and Practical Reason • Hart Publishing
Law, Language and Legitimacy
Tamara Hervey & Matthew Wood, both University of Sheffield, UK & Ivanka Antova & Mark L Flear, both Queen’s University, Belfast, UK
This book explains the impacts of Brexit on the NHS. From staffing to biomedical research, the UK’s post-Brexit agreements have serious implications for health law Drawing conversations and interviews with over 40 health policy stakeholders, their work with Parliaments across the UK, and collaborations with key actors like the NHS Confederation, the book puts the authors’ knowledge centre frame, rather than expressing ‘objective reality’ These conversations show a great deal of faith in law and legal process among ‘ordinary people’, but the opposite from ‘insider elites’ It will be of interest to any reader who cares about the NHS
UK October 2023
• US October 2023
HB 9781509951499
• 336 pages
• £85 00 / $115 00
ePub 9781509951505
ePdf 9781509951512
• £76 50 / $103 94
• £76 50 / $103 94
Series: Hart Studies in Law and Health
• Hart Publishing
Donald R Rothwell, Australian National University, Australia & Tim Stephens, University of Sydney, Australia
This long-awaited new edition gives a contemporary account of the international law of the sea, invaluable to both student and teacher Replicating the rigour that defined previous editions, it opens with a general overview of the subject, its foundations and guiding principles It then explores key sectors from navigational rights, military activities at sea, marine resources and fisheries. Reflecting current preoccupations of the field, it has significantly expanded its discussion on climate change and environmental concerns, as well as the strategic role of islands Put simply, this is a book that no serious student of the subject can be without
UK August 2023 • US October 2023 • 768 pages
PB 9781509958382 • £49 99 / $67 95
ePub 9781509958399 • £44 99 / $60 74
ePdf 9781509958405 • £44 99 / $60 74
Hart Publishing
Guillaume Laganière, Université du Québec à Montréal (UQAM), Canada
This book focuses on how public and private international law address civil liability for transboundary pollution
In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law, implicitly relying on private international law Yet this connection remains poorly understood This study addresses this by exploring how domestic private international law can reflect international environmental law. It investigates civil liability and identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, drawing on Canadian private international law and European law Private, public and environmental lawyers will welcome this important work
UK August 2023
• US August 2023 • 312 pages
PB 9781509951192 • £41 99 / $57 95
Previously published in HB 9781509951154
ePub 9781509951161 • £76 50 / $103 94
ePdf 9781509951178 • £76 50 / $103 94
Series: Hart Monographs in Transnational and International Law Hart Publishing
Olivier de Frouville, University Paris II, France
This book explores a democratic theory of international law Characterised by a back-andforth between theory and practice, it explores the question from 2 perspectives: a theoretical level which reflects and criticises the categories, words and concepts through which international law is understood, and a more applied level focussing on ‘cosmopolitan building sites’ or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council Though written for an academic audience, it will also be of interest to those concerned with how international governance is developing
UK July 2023 US July 2023 296 pages
PB 9781509955510 £44 99 / $60 95
Previously published in HB 9781509938520
ePub 9781509938537 • £81 00 / $110 69
ePdf 9781509938544 • £81 00 / $110 69
Series: French Studies in International Law • Hart Publishing World English
Frederick Cowell, Birkbeck College, UK
This book explores how the law of treaty withdrawal operates In particular, it focuses on withdrawal clauses within multilateral treaties It situates these clauses within the wider context of the international rule of law It goes on to show that for such withdrawal clauses to work, States have to behave as rational actors, averse to damaging their reputation and be willing to accept the existence of a wider rule-bound framework
Using insights from international relations and critical legal theory this book unpacks how and why the law of withdrawal operates and the forces that threaten its operation in the future
UK August 2023 • US August 2023 • 320 pages
HB 9781509938568 • £85 00 / $115 00
ePub 9781509938575 • £76 50 / $103 94
ePdf 9781509938582 • £76 50 / $103 94
Series: Studies in International Law Hart Publishing
P M Butchard, Edge Hill University
What can be done if the United Nations Security Council fails to protect people from mass atrocities?
This book takes a fresh look at the responsibility to protect and offers new and compelling insights into the powers and limits of the UN Security Council In a persuasive and detailed examination of the legal framework, the author identifies options for coercive measures to be taken beyond the Council that could be used to break the deadlock, including through the General Assembly and regional organisations
UK December 2022 • US December 2022
PB 9781509968701
• £41 99 / $57 95
• 304 pages
Previously published in HB 9781509930807
ePub 9781509930814 £37 79 / $51 29
ePdf 9781509930821 £37 79 / $51 29
Series: Studies in International Law • Hart Publishing
Alice Panepinto, Queen’s University, Belfast
The Arab uprisings and new and old conflicts in the Middle East and North Africa have sparked an interest in transitional justice in Muslim-majority legal systems This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts It also investigates synergies between international law and Islamic law The book will provide a useful reference for scholars, practitioners and policymakers seeking to analyse and design transitional truth-seeking processes in the legal systems of Muslim-majority societies
UK August 2023
• US August 2023
PB 9781509957187
• 280 pages
• £41 99 / $57 95
Previously published in HB 9781509921263
ePub 9781509921270 £76 50 / $103 94
ePdf 9781509921287 £76 50 / $103 94
Series: Studies in International Law
• Hart Publishing
Paul Beaumont, University of Stirling, UK
This book looks at the question of extending the reach of the Brussels Ia Regulation The Regulation, the centerpiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation This examination looks at its extending to apply to defendants not domiciled in a Member State, asking whether that extension can be justified when compared to the domestic rules of each Member State It then looks at the question from the EU perspective, the perspective of signatories to the Lugano Convention, and the wider global perspective
UK May 2023 • US May 2023 • 416 pages
HB 9781509958917 • £90 00 / $120 00
ePub 9781509958924 • £81 00 / $110 69
ePdf 9781509958931 • £81 00 / $110 69
Series: Studies in Private International Law Hart Publishing
Edited by Matthias Weller, Moritz Brinkmann & Nina Dethloff, all Rheinische Friedrich WilhelmsUniversität Bonn, Germany & João RibeiroBidaoui, Permanent Bureau, HCCH, The Hague, the Netherlands
This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention The HCCH Convention will have a transformative effect on global judicial cooperation in civil matters This book explores its ‘mechanics’, i e the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III) Drawing on contributions from experts, this will become the reference work for law-makers, lawyers and scholars in the field of private international law.
UK May 2023 • US May 2023 • 496 pages
HB 9781509959532 £120 00 / $160 00
ePub 9781509959549 £108 00 / $147 14
ePdf 9781509959556 £108 00 / $147 14
Series: Studies in Private International Law • Hart Publishing
Anselmo Reyes, Doshisha University, Japan & Paul Beaumont, University of Stirling, UK
Edited by Anselmo Reyes, Doshisha University, Japan, Wilson Lui, University of Hong Kong & Kazuaki
Nishioka, University of Zurich, SwitzerlandThis book outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India
The book examines pressing questions testing Asian institutions of private international law and acting as forces for their modernisation, such as child surrogacy, child abduction, the recognition of samesex unions, the recovery of maintenance, and the regulation of intercountry adoption, and proposes ways in which their systems may be reformed
UK August 2023 • US October 2023 • 448 pages
HB 9781509956340 £130 00 / $175 00
ePub 9781509956357 £117 00 / $159 29
ePdf 9781509956364 • £117 00 / $159 29
Series: Studies in Private International Law - Asia • Hart Publishing
Edited by Kazuaki Nishioka, University of Zurich, Switzerland
This is a one-stop reference guide on the treatment of foreign law in 15 Asian states, that is, how the courts in Asia deal with the proof of foreign law in court litigation When a foreign law governs the substantive merits of a case, who bears the burden of proving the contents of relevant foreign law? How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case?
The book examines similarities and differences and puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states
UK November 2023 US November 2023 432 pages
HB 9781509956555 • £130 00 / $175 00
ePub 9781509956562 • £117 00 / $159 29
ePdf 9781509956579 • £117 00 / $159 29
Series: Studies in Private International Law - Asia • Hart Publishing
This book examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students
The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader
UK July 2023 US July 2023 400 pages
HB 9781509963669 • £120 00 / $160 00
ePub 9781509963676 • £108 00 / $147 14
ePdf 9781509963683 • £108 00 / $147 14
Series: Modern Studies in Property Law • Hart Publishing
Edited by Peter Harris & Dominic de Cogan, both University of Cambridge, UK
This book is a continuation of the prestigious series which is drawn from the papers of the biennial Cambridge Tax Law History Conference The authors are a rich blend of senior tax professionals from academia, the judiciary, and practice, with representatives from 9 countries
The theme of the series continues to be investigating current tax policy debates in an historical context (lessons from history)
The papers fall within 3 basic themes: (1) UK and Ireland tax, (2) international taxation, and (3) foreign tax systems
UK September 2023
HB 9781509963263
Edited by Suzanne Lenon, University of Lethbridge, Canada & Daniel Monk, Birkbeck, University of London, UK
Drawing on historical, literary, sociological, and legal analysis, this book demonstrates how inheritance is, and has always been, about far more than the set of legal processes for the distribution of wealth and property upon death The contributions range from exploring the intractable tensions underlying family disputes, legal arguments, and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship
With an introduction that presents a critical mapping of the field of inheritance studies, this fascinating, imaginative, interdisciplinary collection deepens our understanding of the stakes of inheritance law
UK September 2023 • US September 2023 • 400 pages
HB 9781509964819 • £90 00 / $120 00
ePub 9781509964826 £81 00 / $110 69
ePdf 9781509964833 £81 00 / $110 69
Hart Publishing
Edited by Johan Lindholm, Umeå University, Sweden & Anders Hultqvist, Karlstad University, Sweden
This open access book is the 17th volume in the Swedish Studies in European Law series and reflects the series aim to explore the variety of issues and dilemmas that European law faces in specific areas of EU law and policy, as well as overarching questions of EU institutional and constitutional law In this volume, experts explore the development of the role of Europe and European law in the field of taxation
The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Swedish Studies Network.
• US September 2023
• £130 00 / $175 00
ePub 9781509963270 • £117 00 / $159 29
ePdf 9781509963287 • £117 00 / $159 29
• 592 pages
Series: Studies in the History of Tax Law • Hart Publishing
UK February 2023 • US February 2023 • 288 pages
HB 9781509964017 • £85 00 / $115 00
ePub 9781509964024 • £0 00 / $0 00
ePdf 9781509964031 • £0 00 / $0 00
Series: Swedish Studies in European Law • Hart Publishing
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