4 minute read
Private International Law / Property Law / Public International Law
Edited by Paul Beaumont, University of Aberdeen, UK & Jayne Holliday, University of Stirling, UK This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The handbook is divided into 4 sections: Theory; Institutional and Conceptual Framework Issues; Civil and Commercial Law (apart from Family Law); Family Law. The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible.
UK February 2022 • US February 2022 • 528 pages HB 9781509932078 • £95.00 / $130.00 ePub 9781509932092 • £85.50 / $112.04 ePdf 9781509932108 • £85.50 / $112.04 Series: Studies in Private International Law • Hart Publishing
Break Clauses
Mark Warwick QC, Selborne Chambers, UK & Nicholas Trompeter QC, Selborne Chambers, UK This is the only book to deal exclusively with the law relating to the drafting and operation of break clauses. It covers over 500 cases and considers the areas of the law that interrelate with break clauses, including contractual construction, assignment, estoppel, mistake and professional negligence. This edition includes recent judgments that have had an impact on the law affecting break clauses. New chapters cover the interrelationship between break clauses and compulsory purchase (of particular relevance in light of large-scale projects such as HS2 and Crossrail), and the interrelationship between break clauses and rent review.
UK November 2021 • US January 2022 • 496 pages HB 9781509942039 • £130.00 / $175.00 ePub 9781509942046 • £117.00 / $153.74 ePdf 9781509942053 • £117.00 / $153.74 Hart Publishing Kazuaki Nishioka, University of Zurich, Switzerland & Yuko Nishitani, Kyoto University, Japan This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law.
UK October 2021 • US December 2021 • 336 pages HB 9781509924295 • £140.00 / $190.00 ePub 9781509924318 • £126.00 / $165.47 ePdf 9781509924301 • £126.00 / $165.47 Series: Studies in Private International Law - Asia • Hart Publishing
An Expressive Theory of Possession
Michael JR Crawford, University of New South Wales, Australia This book challenges the conventional wisdom that possession is an irredeemably ambiguous concept and aims to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. Fusing traditional legal analysis with insights from philosophy and economics, and covering both theoretical and doctrinal problems in property law, the book provides a coherent explanation of possession and its role in law and life.
UK January 2022 • US January 2022 • 232 pages PB 9781509944088 • £31.99 / $42.95 Previously published in HB 9781509929924 ePub 9781509929931 • £58.50 / $76.86 ePdf 9781509929948 • £58.50 / $76.86 Hart Publishing
Studies in International Law
Anni Pues, University of Glasgow, UK This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. It is the first study to take the reader through all the key stages of the Prosecutor’s decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes and plea agreements, culminating in the question of how to end engagement in specific country situations. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals.
UK January 2022 • US January 2022 • 264 pages PB 9781509944101 • £36.99 / $49.95 Previously published in HB 9781509928682 ePub 9781509928699 • £67.50 / $88.59 ePdf 9781509928705 • £67.50 / $88.59 Series: Studies in International Law • Hart Publishing
Judicial Deference in International Adjudication
A Comparative Analysis
Johannes Hendrik Fahner, University of Amsterdam, The Netherlands Should international adjudicators review decisions de novo or show deference to domestic authorities? This book investigates how international courts and tribunals have responded to this question and discusses whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, based on the democratic legitimacy of domestic decision-making. It concludes that epistemic deference is an acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court.
UK February 2022 • US February 2022 • 312 pages PB 9781509943463 • £44.99 / $60.95 Previously published in HB 9781509932283 ePub 9781509932290 • £81.00 / $106.83 ePdf 9781509932306 • £81.00 / $106.83 Series: Studies in International Law • Hart Publishing
