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CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW

law textbooks 2015 v2.indd 1 11/5/2015 11:16:59 AM

Cambridge TextbooksLeading the way in Law

Cambridge University Press has an established collection of law textbooks for undergraduate and postgraduate students.

Covering foundation subjects and a wide range of electives, our textbooks are written by

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ContentsContract Law1 Contract Law

Comparative Law2 Comparative Law

Competition Law3 An Introduction to EU

Competition Law

4 EC Competition Law

Constitutional and Administrative Law5 British Government and the Constitution

Text and Materials

Corporate and Commercial Law6 Commercial Law

Principles and Policy

7 Corporate Insolvency Law Perspectives and Principles

Criminal Law8 Sentencing and Criminal Justice

9 Lacey, Wells and Quick Reconstructing Criminal Law Text and Materials

Dispute Settlement10 International Commercial Litigation

Text, Cases and Materials on Private International Law

11 The Principles and Practice of International Commercial Arbitration

12 International Dispute Settlement

E-commerce Law13 Law and the Technologies of the

Twenty-First Century Text and Materials

English Legal System14 An Introduction to Law

Equity and Trusts Law15 Moffat’s Trusts Law

Text and Materials

16 A Student’s Guide to Equity and Trusts

European Law17 EU Treaties and Legislation

18 An Introduction to European Law

19 European Union Law

20 European Union Law Text and Materials

21 European Union Internal Market Law

22 EU External Relations Law Text, Cases and Materials

23 Essentials of EU Law

24 European Constitutional Law

Evidence25 Law of Evidence

Human Rights Law26 International Human Rights Law

Cases, Materials, Commentary

27 International Human Rights Law and Practice

Humanitarian Law28 War, Aggression and Self-Defence

29 The Conduct of Hostilities under the Law of International Armed Conflict

International Economic and Trade Law30 The Law and Policy of the World Trade

Organization Text, Cases and Materials

International Environmental Law31 International Environmental Law

A Modern Introduction

32 Principles of International Environmental Law

International Law33 The International Law of the Sea

34 An Introduction to International Organizations Law

35 International Law (Shaw)

36 An Introduction to International Criminal Law and Procedure

37 International Law (Klabbers)

38 Modern Treaty Law and Practice

39 Foundations of International Migration Law

40 Handbook of International Law

41 The International Law on Foreign Investment

Jurisprudence42 Jurisprudence

Labour Law43 Labour Law

Law and Religion44 Law and Religion

45 An Introduction to Islamic Law

Legal Skills46 Modern Legal Drafting

A Guide to Using Clearer Language

47 The Art of Argument A Guide to Mooting

48 Lawyering Skills and the Legal Process

Medical Law49 Medical Law and Medical Ethics

Private International Law50 Collier’s Conflict of Laws

Property Law51 Housing Law and Policy

Tort Law52 Atiyah’s Accidents, Compensation

and the Law



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1CONTRACT LAW

ContentsPart I. Introduction: 1. Main features of contract law Part II. Formation: 2. The pre-contractual phase 3. Offer and acceptance 4. Certainty Part III. Consideration and Intent to Create Legal Relations: 5. Consideration and estoppel 6. Intent to create legal relations Part IV. Third Parties and Assignment: 7. Third parties 8. Assignment Part V. Vitiating Elements: 9. Misrepresentation 10. Mistake 11. Duress, undue influence and unconscionability Part VI. Terms and Interpretation: 12. Terms in general 13. Implied terms 14. Interpretation and rectification of written contracts 15. Exclusion clauses and ‘unfair terms’ Part VII. Breakdown and Liability: 16. Frustration 17. Breach and performance Part VIII. Remedies for Breach: 18. Judicial remedies for breach of contract 19. Consensual remedies for breach of contract: liquidated damages and deposits Part IX. Illegality and Public Policy: 20. The illegality doctrine Part X. The Future: 21. The ‘good faith’ debate 22. Codification 23. International and European ‘soft law’ codes: lessons for English law?

”

Praise for the 1st edition

“I consider it to be an excellent

textbook, covering all of the

important topics in great depth

and with brilliant clarity. It

deserves to be recognised as

a modern classic, blending the

necessary depth and breadth of

analysis with an excellent way of

explaining complicated topics.”

Dr Gareth Spark,

University of East Anglia

2nd Edition

Available May 2015 247 x 174 mm, 736pp9781107660649, £37.99/$60.00 PB9781107061682, £75.00/$120.00 HB

Contract LawNeil Andrews, University of Cambridge

Significantly streamlined and updated, the second edition of Andrews’ Contract Law provides a clear and succinct examination of all of the topics in the contract law curriculum. Chapters direct students to the most important decisions in case law and employ a two-level structure to integrate short judicial excerpts into detailed discussion and analysis. Exploration of the law’s ‘loose ends’ strengthens students’ ability to effectively analyse case law and new end-of-chapter questions, which focus on both core aspects of the law and interesting legal loopholes, assist students in preparing for exams. Students are guided through material by concise chapter overviews and a two-colour text design that highlights important elements. Suggestions for further reading and a rich bibliography point readers to important pieces of contemporary literature and provide a springboard for deeper investigation of particular topics.

• Coverage of good faith, codification and international and European soft law codes has been streamlined into three distinct new chapters, to improve clarity and allow instructors to more effectively cover these topics in their classes.

• Analysis of the law’s grey areas and ‘loose ends’ effectively prepares students for the types of questions they are likely to encounter in law examinations.

• Chapter overviews ensure that students obtain a basic understanding before encountering more detailed discussion and analysis.

• An emphasis on the most important and key cases in contract law enables students to focus on and master the central cases without becoming overwhelmed.



2 COMPARATIVE LAW

Contents1. Introduction Part I. Traditional Comparative Law: 2. The comparative legal method 3. Common law and civil law 4. Mapping the world’s legal systems Part II. Extending the Methods of Comparative Law: 5. Postmodern comparative law 6. Socio-legal comparative law 7. Numerical comparative law Part III. Global Comparative Law: 8. Legal transplants 9. Fading state borders 10. Comparative law and development Part IV. Comparative Law as an Open Subject: 11. Implicit comparative law 12. Outlook

Available Now2014, 247 x 174 mm, 436pp9780521177177 £27.99/$45.00 PB9781107003750 £65.00/$110.00 HB

part of the Law in Context series

Comparative LawMathias Siems, University of Durham

This book presents a fresh contextualised and cosmopolitan perspective on comparative

law for both students and scholars. It critically discusses established approaches to

comparative law, but also presents more modern ones, such as socio-legal and numerical

comparative law. Its contextualised approach draws on examples from politics, economics

and development studies to provide an original contribution to topics of comparative law.

• Treatment of both traditional and modern methods of comparative law.

• Practical examples illustrate how the subject can be applied.

• Examples from various legal systems give global perspective.

• Online supplement, available at http://www.comparinglaws.blogspot.com.

”

“Mathias Siems’ welcomed

addition to the field offers a

stimulating and thoughtful

introduction to a new kind

of comparative law which is

contextualised and cosmopolitan

as to its nature. The book offers

an insightful overview of key

issues arising in the comparative

study of law today. Siems

skilfully deals with established

approaches, but also provides

cutting-edge views to socio-legal

and statistical approaches as

well as providing examples

from politics, economics and

development studies.”

Jaakko Husa,

University of Lapland



3COMPETITION LAWAn Introduction to EU Competition LawMoritz Lorenz, Martin Luther-Universität Halle-Wittenberg, Germany

Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law.

It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and

merger control are discussed and a separate chapter on cartels ensures the student receives the broadest

possible perspective on the subject. In addition, the book’s consistent structure aids understanding: section

summaries underline key principles, questions reinforce learning and essay discussion topics encourage further

exploration. By setting out the economic principles which underpin the subject, it allows the student to engage

with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style

make this required reading for all students of the subject.

• Section summaries, questions and suggested discussion topics ensure the students’ engagement.

• Emphasis on the economic principles underpinning the subject allows for a full understanding.

• Worked examples combine with an uncluttered writing style to guarantee accessibility.

Contents1. Economic and legal foundations of EU competition law 2. Key concepts of article 101 TFEU 3. Possibilities for cooperation under Article 101 TFEU 4. Article 102 TFEU – abuse of a dominant position 5. Merger control 6. Cartels

Available Now 2013, 247 x 174 mm, 424pp9781107672611 £29.99/$54.99 PB9781107018174 £69.99/$129.99 HB



4 COMPETITION LAWEC Competition LawGiorgio Monti, London School of Economics and Political Science

The development of competition law in the EU can be explored through three interrelated

perspectives: the extent to which controversies in economic thinking affect the design

of the law; how changing political visions about the objectives of competition law have

caused shifts in the interpretation of the rules; and the institution in charge of applying

the rules. The economic and political debates on competition law show that it is a

contested terrain, and the way courts and competition authorities apply the law reflects

their responses to the objectives and economics of competition law. By characterising the

application of competition law as a continuous response to policy and economic debates,

the author casts fresh perspectives on the subject. Written with competition law students in

mind, Monti sets out economic concepts in a non-technical manner and explores the policy

dimension of competition law by referring to key cases and contemporary policy initiatives.

• Non-technical reviews of the relevant economic literature allow all readers to participate fully in the discussion of competition law.

• Detailed case studies illustrate the operation of rules in specific circumstances, as well as their general application for a fuller understanding.

• The introduction of additional topics for study gives the student the broadest possible perspective on the subject.

Contents1. Competition law - policy perspectives 2. The core values of EC competition law in flux 3. Economics and competition law 4. Competition law and public policy 5. Market power 6. Abuse of a dominant position: anticompetitive exclusion 7. Abuse of a dominant position: from competition policy to sector-specific regulation 8. Merger policy 9. Oligopoly markets 10. Distribution agreements 11. Institutions: who enforces competition law? 12. Competition law and liberalisation 13. Conclusions

Available Now 2007, 247 x 174 mm, 566pp9780521700757 £44.99/$69.99 PB

”

“… the most readable and

yet thoughtful account on

the market. Whilst being very

practical, it has the great benefit

of making clear the distinctive

contributions of law and politics

(not simply economics) to

competition law in the EU.”

Daniel Wilsher,

City University London




5CONSTITUTIONAL AND ADMINISTRATIVE LAW

British Government and the Constitution Text and MaterialsColin Turpin, University of Cambridge Adam Tomkins, University of Glasgow

This seventh edition has been thoroughly updated. It takes into account constitutional developments under the coalition government and examines recent case law of the Supreme Court, the European Court of Justice and the European Court of Human Rights. It includes extensive material and commentary on contemporary constitutional practice, the historical traditions and continuity of the British constitution and the current tide of change. Designed principally for law students, the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law, making it ideal for politics and government students. With its fresh design it provides a full yet accessible account of the British constitution at a fascinating moment in its

ongoing development.

• A lively and engaging writing style to make this challenging subject understandable for new students.

• Extracts from a wide range of sources show how the law is created, interpreted and used, with materials fully integrated into the text for a well-informed discussion of the law.

• Gives extensive coverage of judicial review.

ContentsPart I. Constitution, State and Beyond: 1. The British constitutional order 2. The ideas of the constitution 3. Constitutional sources 4. Devolution and the structure of the United Kingdom 5. The European dimensions Part II. Government: 6. Crown and government 7. The powers of government Part III. Accountability: 8. Parties, groups and the people 9. Parliament and the responsibility of government 10. The courts: judicial review and liability Part IV. Liberty: 11. Liberty and the constitution


”

“Authoritative, challenging,

accessible: Turpin and Tomkins

truly is a winning combination.”

Richard Rawlings,

University College London

7th Edition




6

Commercial Law Principles and PolicyNicholas Ryder, University of the West of England, BristolMargaret Griffiths, University of GlamorganLachmi Singh, University of the West of England, Bristol

This innovative textbook examines commercial law and the social and political context

in which it develops. Topical examples, such as funding for terrorism, demonstrate this

fast-moving field’s relevance to today’s concerns. This wide-ranging subject is set within

a clear structure, with part and chapter introductions setting out the student’s course

of study. The extensive coverage and detailed commentary has been extensively market

tested to ensure that the contents are aligned with the needs of university courses in

commercial law.

• Includes topical illustrations, such as funding for terrorism, to promote learning and understanding by showing the law’s relevance to real life situations.

• Further reading sections point students to important sources for advanced study and revision questions encourage understanding.

ContentsPart I. Agency: 1. Agency: an introduction 2. The authority of an agent 3. Relations between a principal and agent Part II. Sale of Goods and Services: Introduction 4. Sale of goods policy 5. The implied conditions in sale of goods contracts 6. Passage of title, delivery and payment 7. The supply of goods and services 8. E-commerce and distance selling Part III. International Trade and Sales: 9. Standard trade terms 10. The Vienna Convention on the International Sales of Goods (1980) 11. Payment in international sales 12. Carriage of goods by sea Part IV. Tortious Liability for Defective Products: Introduction 13. Negligence and the rise of product liability 14. Liability under the Consumer Protection Act 1987 Part V. Unfair Commercial Practices: Introduction 15. Policy on unfair commercial practices 16. The Consumer Protection from Unfair Trading Regulations Act 2008 17. Business protection from misleading marketing Part VI. Banking and Finance Law: 18. Government policy 19. Banking and finance law 20. Banking regulation Part VII. Consumer Credit: 21. The government’s policy towards consumer credit 22. The Consumer Credit Act 1974 23. The Consumer Credit Act 2006


CORPORATE AND COMMERCIAL LAW ”

“This book provides a

contemporary and accessible

account of the central areas

of commercial law, as well as

offering discussion of more

specialist topics. It will be

of interest to all students of

commercial law subjects.”

Christian Twigg-Flesner,

University of Hull



7

Corporate Insolvency Law Perspectives and PrinciplesVanessa Finch, London School of Economics and Political Science

The first edition of Corporate Insolvency Law proposed a fundamentally revised concept

of insolvency law, intended to serve corporate as well as broader social ends. This second

edition takes on board a host of changes that subsequently reshaped insolvency law and

practice and considers the implications of changes in the provision and trading of credit,

the movement of an increasing amount of ‘insolvency work’ to the pre-formal insolvency

stage of corporate affairs and the arrival, on the insolvency scene, of a new cadre of

specialists in corporate turnaround. Vanessa Finch also argues that changes of approach

are needed if insolvency law is to develop with coherence and purpose, and she offers a

framework for such an approach.

• Links theory and practice whilst offering a critical approach that challenges conceptual underpinnings and draws on disciplines beyond the law.

• Examines the shifting boundaries of formal and informal corporate insolvency processes and the changes in the provision and trading of credit, e.g. the pre-packaged administration and the ‘fragmentation’ of credit.

ContentsIntroduction Part I. Agendas and Objectives: 1. The roots of corporate insolvency law 2. Aims, objectives and benchmarks Part II. The Context of Corporate Insolvency Law: Financial and Institutional: 3. Insolvency and corporate borrowing 4. Corporate failure 5. Insolvency practitioners and turnaround professionals Part III. The Quest for Turnaround: 6. Rescue 7. Informal rescue 8. Receivers and their role 9. Administration 10. Pre-packaged administrations 11. Company arrangements 12. Rethinking rescue Part IV. Gathering and Distributing the Assets: 13. Gathering the assets: the role of liquidation 14. The pari passu principle 15. Bypassing pari passu Part V. The Impact of Corporate Insolvency: 16. Directors in troubled times 17. Employees in distress Conclusion


CORPORATE AND COMMERCIAL LAW2nd Edition

”

“… this is a valuable addition

to the specialist library. … the

author is to be congratulated for

the sheer amount of work and

scholarship that she has put into

this book, which should not be

off the shelves of any serious

student of the subject.”

International Company and

Commercial Law Review



8 CRIMINAL LAWSentencing and Criminal JusticeAndrew Ashworth, University of Oxford

Now in its sixth edition, Sentencing and Criminal Justice has been extensively rewritten to reflect recent

legislation, guidelines and judicial decisions. New material includes comparative sentencing research,

which looks at models from other countries in comparison with the approach in England and Wales, and

an additional chapter focusing on civil preventive orders and other ancillary orders. Written with clarity

of expression coupled with critical analysis, this textbook offers an unrivalled combination of expertise,

accessibility and coverage. This is the essential text for anyone interested in criminal justice.

• Written by a leading authority on the subject.

• Clarity of explanation is coupled with critical analysis.

• Restructured to reflect recent changes including sentencing guidelines, the role of the Sentencing Council and comparative sentencing developments.

Contents1. An introduction to English sentencing 2. Sentencing and the constitution 3. Sentencing aims, principles and policies 4. Elements of proportionality 5. Aggravation and mitigation 6. Persistence, prevention and prediction 7. Equality before the law 8. Multiple offenders 9. Custodial sentencing 10. Non-custodial sentencing 11. Ancillary orders and civil preventive orders 12. Special sentencing powers 13. Procedural issues at sentencing 14. Sentencing, guidelines and the punitive state Appendices.

Available July 2015247 x 174 mm, 500pp9781107652019 c.£31.99/$50.00 PB9781107057883 c.£70.00/$115.00 HB


6th Edition



9

Lacey, Wells and Quick Reconstructing Criminal Law Text and MaterialsCelia Wells, University of Bristol Oliver Quick, University of Bristol

Since the publication of the first edition, this textbook has offered one of the most distinctive and

innovative approaches to the study of criminal law. Looking at both traditional and emerging areas, such

as public order offences and corporate manslaughter, it offers a broad and thorough perspective on the

subject. Material is organised thematically and is clearly signposted at the beginning of each section to

allow the student to navigate successfully through the different fields. The fourth edition looks at issues

such as policing, the Serious Crime Act 2007, and reform of the Fraud Act 2006. Relevant case law and

extracts from the most topical and engaging debates on the subject give the subject immediacy. The book

is essential for both undergraduate and postgraduate study of criminal law and justice.

• Offers a unique approach to exploring the subject, linking criminal law and justice.

• Provides coverage of areas such as public disorder and policing - rarely covered in more doctrinal texts.

• Case law and readings from across the legal, political and criminological discipline give full context to the subject.

ContentsPart I. Approaching Criminal Law: 1. Images of criminal law 2. Criminal laws in context 3. Foundations of criminal law Part II. Law, Order and Security: 4. Social and political constructions of disorder 5. Securing order: pre-emptive measures 6. Public order: control mechanisms 7. Criminal law and justice: emerging themes Part III. Interpersonal Violence, Drug and Alcohol Abuse, Offence Preparation and Participation: 8. Offences against the person 9. Drug and alcohol abuse 10. Offence preparation and participation Part IV. Property and Propriety: 11. Defining and defending private property 12. Constructing property in criminal law 13. Property rights and criminal enforcement Part V. Regulating Sexuality and Bodily Autonomy: A Crisis of Trust and Intimacy?: 14. The social construction of sexuality and bodily autonomy 15. Sexual violence 16. Regulating sexuality 17. Criminalising health care choices Part VI. Making a Killing: Conceptions of Violence: 18. The social construction of violence and personal harm 19. The criminal regulation of public safety 20. Homicide: boundary issues 21. Murder and manslaughter



4th Edition

CRIMINAL LAW



10 DISPUTE SETTLEMENTInternational Commercial Litigation Text, Cases and Materials on Private International LawTrevor C. Hartley, London School of Economics and Political Science

Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.

• Provides everything the student needs to know about international commercial litigation.

• Extensive EU coverage, but also includes a thought-provoking international comparative perspective.

• Updated to reflect the recast of the Brussels I Regulation and significant updates to EU case law.

ContentsPart I. Starting Off: 1. Introduction Part II. Jurisdiction: 2. Jurisdiction: an analysis 3. Jurisdiction under EU law 4. EU law: special jurisdiction 5. The traditional English rules 6. Developments in Canada 7. US law: an outline 8. Choice-of-court agreements 9. Jurisdictional conflicts: the common-law approach 10. Jurisdictional conflicts: the EU approach 11. Special topic I: product liability 12. Special topic II: defamation Part III. Foreign Judgments: 13. Introduction to Part III 14. EU law 15. English law: jurisdiction 16. English law: defences 17. The Canadian conflicts (judgments) revolution 18. US law: some highlights Part IV. Procedure: 19. Freezing assets 20. Obtaining evidence abroad: forum procedures 21. Obtaining evidence abroad: international co-operation Part V. Choice of Law: 22. Introduction to choice of law 23. Torts 24. Contracts: the principle of party autonomy 25. Contracts: legal policy and choice of law 26. The common-law countries: regulating business, protecting employees and helping consumers 27. Foreign currency 28. Property: tangible movables 29. Contractual rights and property interests – I 30. Contractual rights and property interests – II 31 Contractual rights and property interests – III.

Available June 2015247 x 174 mm, 950pp9781107479562 c.£49.99/$79.99 PB9781107095892 c.£125.00/$199.99 HB

2nd Edition



11

The Principles and Practice of International Commercial ArbitrationMargaret L. Moses, Loyola University, Chicago

This book provides immediate access to understanding the world of international arbitration.

Arbitration has become the dispute resolution method of choice in international transactions

and this book explains how and why it works. It provides the legal and regulatory framework

for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It

is short and readable, but comprehensive in its coverage of the basic requirements, including

the most recent changes in arbitration laws, rules and guidelines. The second edition includes

updates on rules and guidelines, such as the arbitration rules of the ICC, the SCC, the ACICA

and UNCITRAL, as well as the 2010 IBA Rules on Taking of Evidence in International Arbitration.

The author includes insights from numerous international arbitrators and counsel, who tell

firsthand about their own experiences of arbitration and their views of best practices.

• Covers the latest changes in arbitration laws, rules and guidelines.

• Short and readable and includes comments of arbitrators and counsel on their views and experience of arbitration.

• Provides a comprehensive overview of international commercial arbitration.

Contents1. Introduction to international commercial arbitration 2. The arbitration agreement 3. Drafting the arbitration agreement 4. Applicable laws and rules5. Judicial assistance for arbitration 6. The tribunal 7. The arbitral proceedings 8. The award 9. Attempts to set aside an award 10. Enforcement of the award 11. Investment arbitration

Available Now 2012, 228 x 152 mm, 392pp9781107401334 £20.99/$36.99 PB 9781107008786 £64.99/$109.99 HB

DISPUTE SETTLEMENT ”

“The Principles and Practice

of International Commercial

Arbitration is a comprehensive

and up to date overview which

is ideal for an introductory law

school course or for a lawyer

unacquainted with international

dispute resolution.”

H. Roderic Heard, Partner at Barnes & Thornburg LLP, Chicago, Adjunct Professor at Northwestern’s and DePaul’s Law Schools

2nd Edition



12 DISPUTE SETTLEMENTInternational Dispute SettlementJ. G. Merrills, University of Sheffield

A guide to the techniques and institutions used to solve international disputes, how

they work and when they are used. This textbook looks at diplomatic (negotiation,

mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement).

It uses many, often topical, examples of each method in practice to place the theory

of how things should work in the context of real-life situations and to help the reader

understand the strengths and weaknesses of different methods when they are used. It

also looks at organisations such as the International Court and the United Nations and

has been fully updated to include the most recent arbitrations, developments in the

WTO and the International Tribunal for the Law of the Sea, as well as case law from the

International Court of Justice.

• A guide to the tools of international dispute settlement - diplomatic and legal methods, as well as institutions - what they are, how they work and when they are used.

• Examples place the theory of how things are supposed to work in the context of real-life events so that the reader can understand the strengths and weaknesses of different methods in practice.

• Fully updated to include the most recent arbitrations, developments in the WTO and case law from the International Court of Justice.

Contents1. Negotiation 2. Mediation 3. Inquiry 4. Conciliation 5. Arbitration 6. The International Court I: organisation and procedure 7. The International Court II: the work of the Court 8. The Law of the Sea Convention 9. International trade disputes 10. The United Nations 11. Regional organisations 12. Trends and prospects Appendix A. Agreement between Argentina and the United Kingdom establishing an Interim Reciprocal Information and Consultation System, 1990 Appendix B. Report of the Commission of Inquiry into the Red Crusader Incident, 1962 (extract) Appendix C. Conciliation Commission on the Continental Shelf Area between Iceland and Jan Mayen, May 1981 Appendix D. Arbitration Agreement between the United Kingdom and France, July 1975 Appendix E. Special Agreement for Submission to the International Court of Justice of the Differences Between the Republic of Hungary and the Slovak Republic Concerning the Gabcikovo–Nagymaros Project (1993) Appendix F. Optional Clause Declarations (Peru, Djibouti, Japan, Germany) Appendix G. WTO: Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes (extract) Appendix H. Security Council Resolution 915, establishing UNASOG, May 1994 Appendix I. Terms of Reference of the Trust Fund for the International Tribunal for the Law of the Sea (2000) Appendix J. Ruling Pertaining to the Differences between France and New Zealand Arising from the Rainbow Warrior Affair (extract) Appendix K. CIS: Concept for Prevention and Settlement of Conflicts in the Territory of States members of the Commonwealth of Independent States (1996)


”

“Yet again Professor Merrills

skilfully manages to combine

clarity with depth and relevance.

This newest edition provides

an accessible analysis of

the fundamental aspects of

international dispute settlement;

and by its stimulating discussion

of historical and recent

developments, it remains a key

treatise for students, scholars, and

practitioners alike.”

Hege Elisabeth Kjos,

University of Amsterdam

5th Edition



13

Law and the Technologies of the Twenty-First Century Text and MaterialsRoger Brownsword, King’s College LondonMorag Goodwin, Universiteit van Tilburg, The Netherlands

Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students

of law and technology, risk regulation, policy studies, and science and technology studies.

• First book on the market looking at law and technology generally.

• Materials integrated throughout for full perspective on the field.

• Scientific material explained without overloading the student with technical data.

ContentsPart I. General Introduction: 1. Law and the technologies of the twenty-first century 2. The regulatory environment: UK Biobank, eBay, and Wikipedia 3. Four key regulatory challenges 4. Technology as a regulatory tool: DNA profiling and Marper Part II. Regulatory Prudence and Precaution: 5. Regulatory prudence I: health, safety and environment, GM crops, nanoparticles, and sound science 6. Regulatory prudence II: precaution Part III. Regulatory Legitimacy: 7. The legitimacy of the regulatory environment – the basic ideas 8. Key boundary-marking concepts 9. Human rights as boundary-markers 10. Understanding procedural legitimacy – the role of public participation in technology regulation Part IV. Regulatory Effectiveness: 11. Regulatory effectiveness I 12. Regulatory effectiveness II: failure by regulators 13. Regulatory effectiveness III: resistance by regulatees 14. Regulatory effectiveness IV: third-party interference and disruptive externalities Part V. Regulatory Connection: 15. Regulatory connection I: getting connected 16. Regulatory connection II: disconnection and sustainability Part VI. Concluding Overview: 17. From law to code: the surveillance society and Marper revisited


E-COMMERCE LAW ”

“Law and the Technologies

of the Twenty-First Century

represents a significant addition

to the body of academic texts

concerning regulation and

regulatory theory.”

Michael Wixen,

CTLR: The Journal of

E-Commerce, Technology and

Communications




14 ENGLISH LEGAL SYSTEMAn Introduction to LawPhil Harris, Sheffield Hallam University Extensively updated throughout, this new edition introduces students to a wide range of modern legal issues. Written in a clear

and engaging style, the author expertly addresses the ways in which the rules and structures of law respond to and influence

changes in economic and political life. It provides a clear understanding of the relationship between law and society, with

particular emphasis on the importance of morality, dispute-solution and business regulation. An Introduction to Law is a valuable

resource for students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on

business or social science courses on which legal studies are included.

• Accessible introduction for anyone new to legal study.

• Contextualised approach to give the broadest possible perspective to the subject.

• Incorporates clear and concise coverage of major theoretical explanations of law, and key concepts which are part of the ‘language’ of law such as the notions of rights, duties, property.

ContentsPart I: 1. Law and society; 2. Law and morality; 3. Law and the regulations of economic activity; 4. Some important legal concepts; 5. Law and the settlement of disputes; 6. The making of legal rules; 7. The legal profession; Part II: 8. The European dimension of English law; 9. Liability in English law: the law of tort; 10. Liability in English Law: crime and the criminal justice system; 11. The development and role of the contract; 12. Law and Government

Available Autumn 2015247 x 174 mm, 500pp9780521132077 c.£32.99/$54.99 PB

8th Edition


”

“This book is an excellent

and definitive introduction to

law as a subject of study. It is

comprehensive, accessible and

thorough. The book easily stands

out from its competitors in

providing outstanding analysis of

key concepts and ideas in law. It

will provide the reader with an

extremely clear, comprehensive

and useful introduction to some of

the most important issues faced

by students of law.”

Sarah Beresford,

Lancaster University



15

Moffat’s Trusts Law Text and MaterialsJonathan Garton, University of Warwick Graham Moffat, University of Warwick Gerry Bean, DLA Piper, MelbourneRebecca Probert, University of Warwick

This latest edition of Moffat’s Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student’s textbook of choice.

• Uses a range of teaching methods, including identifying key ‘points to consider’, use of visual aids and discussion questions.

Contents1. Trusts introduced 2. The evolution of the private express trust 3. Taxation and the private express trust 4. Creating the trust – I 5. Creating the trust – II 6. Trusts and public policy 7. Flexibility in relation to beneficial entitlement 8. An introduction to trustees and trusteeship 9. Aspects of the management of trusts 10. Trusteeship, control and breach of trust 11. Implied trusts and the family home 12. Trusts in commerce I: commerce and equitable remedies 13. Trusts in commerce II: commerce, credit and the trust 14. Trusts in commerce III: fiduciary relationships, commerce and the trust 15. Trust, contract and unincorporated associations 16. An introduction to the law of charity 17. A legal definition of ‘charity’ 18. The regulation of charities 19. Trusts – an international dimension.

Available August 2015247 x 174 mm, 950pp9781107512832 £39.99/$63.99 PB9781107105485 £99.99/$160.00 HB

EQUITY AND TRUSTS LAW ”

Praise for the previous

edition:

“The written style of Trusts

Law: Text and Materials is both

accessible and stimulating.

The authors have managed to

maintain an excellent balance

between commentary, materials

and cases … If you’re looking

for a detailed, thorough and

authoritative analysis of trust law,

you should look no further than

this …”

Russell J. Kelsall,

Student Law Journal

(studentlawjournal.com)

6th Edition




16 EQUITY AND TRUSTS LAWA Student’s Guide to Equity and TrustsJudith Bray, University of Buckingham

This engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for successful further study. The law is made relevant to current practice through chapters that define and explain key legal principles. Examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. Exploring clearly and concisely the subject’s key principles, this should be every equity student’s first port of call.

• Introduces the student to all the key topics in an equity and law module.

• Examples and exercises show how these rules work in real life.

• Practical exercises give students the opportunity to apply the law.

• Key facts and summaries help students remember the essential points of each topic.


Contents1. Historical introduction 2. Equitable remedies 3. The classification of trusts and powers 4. The three certainties 5. Constitution of trusts 6. Formalities for the creation of a trust 7. Private purpose trusts 8. Unincorporated associations 9. Resulting trusts 10. Constructive trusts 11. Trusts of the family home 12. Secret trusts and mutual wills 13. Charities – the Charities Act and the rules of cy-pres 14. Trustees: appointment, retirement and capacity 15. Duties and powers of trustees 16. Variation of trusts 17. Fiduciary duties and breach of fiduciary duties 18. Breach of trust and defences to breach of trust 19. Remedies against strangers to a trust 20. Tracing

”

“An excellent book whose

major strength is the wealth

of practical examples which

enable the student to explore

the complexities of the law with

confidence.”

Pamela Hargreaves,

Leicester De Montfort

Law School



17

Available August 2015247 x 174 mm, 500pp9781107461277 c.£14.00/$24.99 PB

EU Treaties and LegislationRobert Schütze, University of Durham

This concise collection of the essential primary and secondary law of the European Union quickly and effectively guides students to the material they need during exams and lectures. Part I contains the European Union’s primary law in consolidated form. Part II offers a selection of the essential pieces of European Union legislation in five core areas of particular importance to undergraduate and graduate studies: institutions, the internal market, competition, social policy and consumer protection. Colour-coded for easy navigation, all legislative acts are presented in their ‘Lisbonised’ and consolidated form. Student support is provided in two forewords that guide readers through the steps of finding, reading and understanding EU law, and a sophisticated table of equivalences that illustrates the evolution of the treaties from the Rome Treaty to the present day. An appendix includes extracts of the two central UK Acts that pertain to the European Union.

• Judicious selection of legislation.

• Clear, sensible structure and organization.

• Complementary EU law textbook.

ContentsPreface and acknowledgements - How to understand and read the EU treaties - How to find and read EU secondary law - Table of EU treaties and secondary law Part I. Union Primary Law: Treaties and Charter: 1. Treaty on European Union 2. Treaty on the functioning of the European Union 3. Protocols to the treaties (selection) 4. Charter of fundamental rights (with explanations) Part II. Union Secondary Law: Legislation and Other Acts Section 1. Union Laws on the Institutions: 5. 1976 Act concerning the election of the members of the European parliament 6. Regulation 2004/2003 governing political parties at the EU level 7. Regulation 182/2011 laying down the rules and general principles concerning mechanisms for control by member states of the Commission’s exercise of implementing powers (comitology regulation) 8. Regulation 58/2003 on the Statute of Executive Agencies 9. Regulation 1049/2001 regarding public access to EU documents Section 2. Union Laws on the Internal Market: 10. Regulation 492/2011 on freedom of movement for workers 11. Regulation 883/2004 on social security coordination 12. Directive 2005/36 on the recognition of professional qualifications 13. Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states 14. Directive 2006/123 on services in the internal market 15. Directive 96/71 on posted workers Section 3. Union Laws on Competition: 16. Regulation 330/2010 on the application of Article 101(3) to categories of vertical agreements and concerted practices 17. Regulation 139/2004 on the control of concentrations between undertakings (EU Merger Regulation) 18. Regulation 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 (GBER) 19. Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 101 and 102 20. Regulation 659/1999 laying down detailed rules for the application of Article 108 Section 4. Union Laws on Social Policy: 21. Directive 89/391 on health and safety of workers 22. Directive 2003/88 concerning certain aspects of the organisation of working time 23. Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP 24. Directive 2001/23 relating to the safeguarding of employees’ rights in the event of transfers of undertakings 25. Directive 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation Section 5. Union Laws on Consumer Protection: 26. Directive 2011/83 on consumer rights 27. Directive 1999/44 on certain aspects of the sale of consumer goods 28. Directive 93/13 on unfair terms in consumer contracts 29. Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market 30. Directive 85/374 on liability for defective products Appendix 1: United Kingdom statutes on the European Union; Appendix 2: tables of equivalences (chronological).

EUROPEAN LAW



18 EUROPEAN LAWAn Introduction to European LawRobert Schütze, University of Durham

Written with exceptional clarity, simplicity and precision, this short textbook provides a classic

introduction to European law. Using a clear structural framework, it guides students through

the subject’s core elements and key issues, from the creation and enforcement of European law

to the workings of the internal market. Chapters are enriched with figures and tables to clarify

difficult topics and illustrate relationships and processes, ensuring that students understand even

the most complex of concepts. The second edition has been updated throughout and includes

an entirely new chapter on the internal market for goods. Two new practical appendices offer

suggestions for further reading and guide readers through the process of finding and reading EU

Court judgments. A companion website features full ‘Lisbonised’ versions of the cases cited in the

text, links to EU legislation, downloadable figures and textbook updates.

• Clearly sets out the key principles and central topics taught on EU law courses.

• Succinct overview which also indicates key debates and controversies in the field.

• Numerous illustrations reinforce key concepts to aid understanding.

ContentsPart I. European Law: Creation: 1. Union Institutions 2. Union Legislation 3. Union Competences 4. Fundamental Rights Part II. European Law: Enforcement: 5. Direct Effect 6. (Legal) Supremacy 7. National Actions 8. European Actions Part III. European Law: Substance: 9. Internal Market: Goods I 10. Internal Market: Goods II 11. Internal Market: Persons 12. Competition Law: Cartels.

Available June 2015228 x 152 mm, 352pp9781107530324 c.£21.99/$31.99 PB9781107111813 c.£50.00/$120.00 HB

”

Praise for the

previous edition:

“A fantastic publication: clear,

precise, to the point while

making students aware of

the academic and theoretical

debates. The language is highly

accessible and clearly written by

someone with ample teaching

experience in the field of EU law.

Didactically and substantively,

one of the best, if not the best

books on the market …”

Markus Gehring,

University of Cambridge

2nd Edition



19EUROPEAN LAWEuropean Union Law Robert Schütze, University of Durham

Written with exceptional clarity, European Union Law constitutes a classic textbook for students and practitioners

of European law. Using a clear structural framework, it guides readers through all the core constitutional and

substantive topics of EU law, and provides in-depth coverage of the most important internal and external policy

areas of the European Union. Extracts from classic case law are complemented with extensive and critical

discussion of the theoretical and practical aspects of the European Union and its law, leading students to a

deep understanding of the subject. Chapters are enriched with more than 100 colour figures and tables, which

clarify complex topics and illustrate relationships and processes. Suggestions for further reading direct students

to significant pieces of academic literature for deeper self-study, and a companion website with full ‘Lisbonised’

versions of the cases cited in the text completes the learning package.

• Integrates numerous case extracts while maintaining a continuous, single-authored narrative.

• Combines straightforward explanation with scholarly analysis, highlighting theoretical approaches and key academic debates.

• A two-colour design emphasises case extracts and enhances figures and tables.

ContentsPart I. Constitutional Foundations: 1. Constitutional history: from Paris to Lisbon 2. Constitutional nature: a federation of states 3. European law: nature – direct effect 4. European law: nature – supremacy 5. Governmental structure: Union institutions I 6. Governmental structure: Union institutions II Part II. Governmental Powers: 7. Legislative powers: competences and procedures 8. External powers: competences and procedures 9. Executive powers: competences and procedures 10. Judicial powers I: European procedures 11. Judicial powers II: national procedures 12. Judicial powers III: EU fundamental rights Part III. Substantive Law: Section 1. Internal Market: 13. Free movement of goods I: negative integration 14. Free movement of goods II: positive integration 15. Free movement of persons: workers and beyond 16. Free movement of services and capital Section 2. Union Policies: 17. Competition law I: private undertakings 18. Competition law II: state interferences 19. Internal policies: an overview 20. External policies: an overview.

Available May 2015247 x 174 mm, 900pp9781107416536 £39.99/$64.99 PB9781107071209 £79.99/$130.00 HB



20 EUROPEAN LAWEuropean Union Law Text and MaterialsDamian Chalmers, London School of Economics and Political ScienceGareth Davies, Vrije Universiteit, AmsterdamGiorgio Monti, European University Institute, Florence

As the preferred choice of both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. The new edition reflects the way the economic crisis has impacted the shape and nature of European Union law. Materials from case law, legislation and academic literature are integrated throughout to expose the student to the broadest range of views. Additional online material on the application of EU law in non member states and on rulings on the Fiscal Compact ensures the material is completely current. The new edition includes a timeline which charts the evolution of the EU project. Written in a way which encourages sophisticated analysis, the book ensures the student’s full engagement with sometimes complex material. More importantly, it offers the clarity which is essential to understanding. A required text for all interested in European Union law.

• Completely updated to reflect EU law’s reaction to Eurozone upheavals.

• Restructured to add and remove material in response to teachers’ feedback.

• Retains hallmark style of critical analysis combined with engaging discursive tone.

Contents1. European integration and the Treaty on European Union 2. The EU institutions 3. Union law-making 4. The EU judicial order 5. The authority of EU law 6. Fundamental rights 7. Rights and remedies in national courts 8. The infringement proceedings 9. Governance 10. Judicial review 11. Citizenship of the Union 12. EU law and non-EU nationals 13. Equal opportunities law and policy 14. EU criminal law 15. The internal market 16. Economic and monetary union 17. The free movement of goods 18. The free movement of services 19. The pursuit of an occupation in another member state 20. Trade restrictions and public goods 21. EU competition law: function and enforcement 22. Antitrust and monopolies 23. State aid law.


”

“A thoughtful, well-written,

rigorous, but at the same time

easily accessible exposition of

European Union law. The book is

indispensable for those seeking

to understand EU law in its

socio-political context and for

anyone interested in grasping

the unfolding dynamics of the

European integration project.

Students really want a broader

understanding of EU law and this

book will be standard instruction

and reference for a long time to

come.”

Dora Kostakopoulou,

Warwick Law School

3rd Edition



21EUROPEAN LAWEuropean Union Internal Market LawFriedl Weiss, Universität Wien, AustriaClemens Kaupa, VU University Amsterdam

This is the market’s most student-friendly textbook on EU internal market law, covering everything students need to know about the legal and regulatory framework of the internal market and eliminating the need for a full EU law text. Concise and focused, chapters explore the underlying socio-economic and historical contexts of EU law, and offer a thorough examination of the law’s technical aspects, ensuring that students gain a rich understanding of the way that legal rules and structures have developed from key political and social debates. Key concepts are illustrated by excerpts, summaries and discussions of classic and modern cases. Features include text boxes, illustrative cases, legal interpretations, tables, and suggestions for further reading, which support students with little background knowledge of the subject, leading them to total mastery of the material.

• Concise and focused, but covers everything students need to know for an EU substantive law course.

• Examines the four fundamental freedoms, as well as the fifth, ‘union citizenship’, and related matters.

• This textbook is focused and student-friendly, and can be easily understood and navigated by students with English as a second language.

Contents1. The internal market 2. Common framework of the Treaty freedoms 3. Free movement of goods (Arts 28-37 TFEU) 4. Union citizenship (Arts 18-25 TFEU) 5. Free movement of workers (Arts 45-48 TFEU) 6. Freedom of establishment (Arts 49-55 TFEU) 7. Freedom to provide and receive services (Arts 56-62 TFEU) 8. Free movement of capital and payments (Arts 63-66 TFEU).


”

“Weiss and Kaupa have got their finger on the pulse of the EU internal market’s core in a masterful and still surprisingly reader-friendly manner. Leading case-law is intermingled with theoretical and policy analysis, whereas the most important provisions of EU’s primary and secondary law are highlighted - all this, in a clear and systematic manner. Additionally, an analytical framework used along the four fundamental freedoms allows rising to the challenge of deciphering the essentials of the EU internal market law. An informative read for scholars and an indispensable tool for any student interested in understanding the essentials of EU’s substantive law.”Panagiotis Delimatsis, Tilburg Law and Economics Center (TILEC), Tilburg University



22 EUROPEAN LAWEU External Relations Law Text, Cases and MaterialsBart Van Vooren, ALTIUS, BrusselsRamses A. Wessel, University of Twente, Enschede, The NetherlandsThis major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional principles, and elaborating upon them in policy-specific chapters ranging from common commercial policy and development policy over CFSP/CSDP and AFSJ to energy and enlargement policy. Specific attention is given to the relationship between European integration, the role of law, and the EU as an effective international actor. Designed for easy navigation, chapters include key objectives, summaries and textboxes, which frame key issues and guide the reader through the functioning of legal principles. Students gain a detailed understanding of the historical development, context and present functioning of EU external relations law in a highly politicised European and international environment.

• Key text for advanced undergraduate and graduate students, and also an ideal reference for academics and practitioners of European law.

• Includes chapter objectives and summaries, easily navigable structure with brief sections and text boxes to guide students through the functioning of legal principles and to emphasise key concepts.

• Critical: employing three guiding perspectives, the authors allow students to progressively ‘construct’ the big picture of EU external relations law, rather than simply absorb information on the field.

Contents1. The European Union as a global legal actor 2. Instruments of EU external action 3. Existence of EU external competence 4. Nature of EU external competence 5. Scope and choice of EU external competence 6. The duty of cooperation 7. EU law and international law 8. The EU and international institutions 9. Common commercial policy 10. EU development policy 11. Common foreign and security policy 12. Common security and defence policy 13. The external dimension of the internal energy market 14. The external dimension of the area of freedom, security and justice 15. EU and its neighbours.


”

“Van Vooren and Wessel wrote

an exceptional book. The

selection of material as well as

its presentation is of very high

quality, making it an ideal point

of reference and, at the same

time, a very handy teaching

tool. Without a doubt, this

volume will become a classic,

a real must have for academics

and practitioners dealing

with external relations of the

European Union.”

Adam Lazowski,

University of Westminster



23EUROPEAN LAWEssentials of EU LawAugust Reinisch, Universität Wien, Austria

Students new to the study of EU law can find knowing which questions to ask to be

as much of a challenge as answering them. This book clearly sets the scene: it explores

the history and institutions of the EU, examines the interplay of the main bodies in its

legislative process and illustrates the role played by the EU Courts and the importance of

fundamental rights. It also introduces the key principles of the internal market, in particular

the free movement of goods and the free movement of workers. In addition a number of

other EU policies, such as the Common Agricultural Policy, Environmental Protection and

Social Policy are outlined, while a more detailed inquiry is made into European competition

law. This book is an essential first port-of-call for all students of European law.

• Concise and critical.

• Brings a complex subject back to basics to ensure understanding.

• Clearly structured and organised.

Contents1. History of European integration 2. The institutional framework 3. The making of Union law 4. The effect of Union law 5. Judicial control within the Union 6. Protecting fundamental rights within the EU 7. The free movement of goods 8. The free movement of persons 9. EU competition law 10. Selected EU policies 11. The EU as an international actor


”

“A unique and brilliant

contribution to the study of

EU law. It covers key points

with reasoning and policy yet

it demystifies the subject in a

manner that students will value.”

André Naidoo,

De Montfort University

2nd Edition



24 EUROPEAN LAWEuropean Constitutional LawRobert Schütze, University of Durham

This textbook analyses the constitutional law of the European Union after

Lisbon in a clear and structured way. Examining the EU through a classic

constitutional perspective, it explores all the central themes of the course: from

the history and structure of the Union, and the powers and procedures of its

branches of government, to the rights and remedies of European citizens. A

clear three-part structure and numerous illustrations facilitate understanding.

Critical and comprehensive, this is required reading for all students of

European constitutional law.

• New textbook on European constitutional law offering coherent and scholarly analysis presented within a clear three-part structure.

• Covers all central topics taught on European constitutional law courses.

• Analyses the EU through a classic constitutional law perspective: from the history and structure, and the powers and procedures of the different branches of government, to the rights and remedies of European citizens.

• Numerous illustrations reinforce key concepts to aid understanding.

ContentsIntroduction: European constitutional law Part I. History and Structure: 1. Constitutional history: from Paris to Lisbon 2. Constitutional nature: a federation of states 3. Governmental structure: union institutions I 4. Governmental structure: union institutions II Part II. Powers and Procedures: 5. Legislative powers: competences and procedures 6. External powers: competences and procedures 7. Executive powers: competences and procedures 8. Judicial powers: competences and procedures Part III. Rights and Remedies: 9. European law: direct and indirect effect 10. European law: supremacy and preemption 11. European law: remedies and liabilities 12. In particular: European fundamental rights


”

“Exhaustive in scope and

innovative in structure and

approach, this new book will

be essential reading for anyone

interested in the constitutional

development of the European

Union.”

Anthony Arnull,

University of Birmingham



25”

“An extremely well written and

clearly presented textbook. The

author’s deep knowledge of the law

of evidence is conveyed in a manner

which is both understandable

and suitably challenging for the

undergraduate reader. An invaluable

resource for any student studying

the law of evidence.”

Rebecca Gladwin-Geoghegan,

Coventry University Law School

EVIDENCELaw of EvidenceNicola Monaghan, GSM London

Combining straightforward explanation with scholarly analysis, Law of Evidence introduces students to the

full range of topics covered in law of evidence courses, with clarity and depth. Highlighting the context within

which the law operates, the textbook maintains an engaging narrative with a strong practical focus. Integrated

extracts from key judgments and statutes, as well as academic articles and books, lead students to develop a

deeper understanding of the subject, and detailed commentary on these extracts helps students develop the

ability to read and analyse case law effectively. Student learning is further supported by numerous visual aids,

including diagrams, flowcharts and tables, which illustrate the relationships between principles and provisions

and clarify the complex aspects of the law. A companion website with regular updates to the text ensures that

students always have the most up-to-date coverage of the law at their fingertips.

• With a commentary to materials ratio of 75% to 25%, this textbook offers significantly more commentary than a traditional text, cases and materials textbook, but still provides students with the benefit of numerous key extracts.

• In addition to offering a theoretical overview of the subject, the author maintains a strong practical focus that is ideal for students – particularly those who hope to later train as barristers.

• Numerous figures, charts and tables help to clarify complex subjects and illustrate the relationships between concepts.

• Accompanied by a website offering updates to the text.

Contents1. Introduction to the law of evidence 2. Preliminary issues 3. Burden of proof 4. Silence 5. Confession evidence 6. Illegally and improperly obtained evidence7. Hearsay 8. Character evidence 9. Witnesses 10. Trial procedure and witness testimony 11. Corroboration and identification evidence 12. Opinion and expert evidence 13. Disclosure and public interest immunity 14. Privilege and public interest immunity

Available March 2015246 x 189 mm, 528pp9781107604612 £29.99/$49.99 PB9781107020337 £70.00/$120.00 HB



26

International Human Rights Law Cases, Materials, CommentaryOlivier De Schutter, Université Catholique de Louvain, Belgium

The leading textbook on international human rights law is now better than ever. The content has been fully updated and now provides more detailed coverage of substantive human rights, along with new sections on climate change and international human rights law theory, making this the most comprehensive book in the field. It has a new, more student-friendly text design and has retained the features which made the first edition so engaging and accessible, including the concise and critical style, and questions and case studies within each chapter, with suggestions for further reading now clearly signposted in a separate section. Written by De Schutter, whose extensive experience working in the field and teaching the subject in both the US and EU gives him a unique perspective and valuable insight into the requirements of lecturers and students, this is an

essential tool for all students of international human rights law.

• The engaging and critical style, integrated materials including questions and case studies in each chapter, and separate further reading section, combine with the new text design to ensure students gain a deep understanding of this complex subject.

• New edition has been fully updated and includes more detailed coverage of substantive human rights, climate change and international human rights law theory, ensuring this one book provides students with all the materials they need to succeed.

• Offers a unique perspective, reflecting the author’s experiences of both working in the field and teaching in the EU and the US.

ContentsPart I. The Sources: 1. The emergence of international human rights 2. State responsibility and ‘jurisdiction’ Part II. The Substantive Obligations: 3. The typology of States’ obligations and the obligation to respect human rights 4. The application of human rights in private relationships and the obligation to protect 5. The progressive realization of human rights and the obligation to fulfil 6. Derogations in time of public emergency 7. The prohibition of discrimination Part III. The Mechanisms of Protection: 8. Ensuring compliance with international human rights law: the role of national authorities 9. The United Nations human rights treaties system 10. The United Nations Charter-based monitoring of human rights 11. Regional mechanisms of protection.


HUMAN RIGHTS LAW2nd Edition

”

“Olivier de Schutter brings an

outstanding level of academic

rigour, deep knowledge and

breadth of practical experience to

the field of international human

rights law. This second edition

of an already definitive work is

greatly to be welcomed.”

Conor Gearty,

London School of Economics

and Political Science



27

International Human Rights Law and PracticeIlias Bantekas, Brunel University Lutz Oette, School of Oriental and African Studies, University of London

Human rights law is a complex but compelling subject that fascinates students but also confuses them. This innovative textbook explores human rights law from a theoretical and practical perspective. Case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. The up-to-date coverage includes introductions to important emerging fields such as globalisation, poverty and advocacy. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors’ combined expertise, engaging writing style and ability to clarify not simplify ensures that this important new book will become required reading for all students of human rights law.

• Innovative approach mixing academic rigour and practical emphasis ensures students’ full understanding of the law.

• Integrated interviews with human rights professionals and practitioners gives the subject immediacy and relevance.

• Engaging writing style offers clarification on (not simplification of) complex legal principles.

Contents1. International human rights law and notions of human rights: foundations, achievements and challenges 2. International human rights: the normative framework 3. Human rights in practice 4. The United Nations charter system 5. The UN human rights treaty system 6. Regional human rights treaty systems 7. Individual complaints procedures 8. Civil and political rights 9. Economic, social and cultural rights 10. Group rights: self-determination, minorities and indigenous peoples 11. Women’s rights 12. The right to development, poverty and related rights 13. Victims’ rights and reparation 14. The application of human rights in armed conflict and the international criminalisation process 15. Human rights and counter-terrorism 16. Non-state actors and human rights 17. Globalisation and its impact on human rights


HUMAN RIGHTS LAW ”

“Human rights law is an

inherently active, political

and practical body of law; to

understand it and its operation

requires familiarity not only

with the formal rules, standards

and systems but also with the

informal, the political and the

practical. By combining precise

description and analysis of the

law with insightful and varied

contributions from practice

(broadly defined), Oette and

Bantekas provide a rounded

account of international human

rights law and its practice that

provokes as well as it informs.”

Fiona de Londras,

Durham University



28 HUMANITARIAN LAWWar, Aggression and Self-DefenceYoram Dinstein, Tel-Aviv University

This influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal

issues surrounding war and self-defence.

• Leading textbook on international law of the use of force.

• Balances clear explanation of basic principles and detailed analysis of key debates.

• Updated edition looks at Chilcot Inquiry and other recent developments.


ContentsPart I. The Legal Nature of War 1. What is war? 2. The course of war Part II. The Illegality of War 3. A historical perspective of the legal status of war 4. The contemporary prohibition of the use of inter-state force 5. The crime of aggression 6. Controversial consequences of the change in the legal status of war Part III. Exceptions to the Prohibition of the Use of Inter-State Force: 7. The concept of self-defence 8. The modalities of individual self-defence 9. Collective self-defence Conclusion

5th Edition



29HUMANITARIAN LAW


Contents1. The general framework 2. Lawful combatancy 3. Prohibited weapons 4. Lawful targets of attack 5. Protection from attack of civilians and civilian objects 6. Measures of special protection from attack 7. Protection of the environment 8. Specific methods of warfare 9. War crimes, orders, command responsibility and defences General conclusions

The Conduct of Hostilities under the Law of International Armed ConflictYoram Dinstein, Tel-Aviv University

This is the seminal textbook on the law of international armed conflict, written by a leading commentator on the subject. The second edition has been thoroughly revised and updated, taking into account developments in combat, numerous judicial cases (especially decisions rendered by the International Criminal Tribunal for the Former Yugoslavia), as well as topical studies and instruments. The text clarifies complex issues, offering solutions to practical combat dilemmas that have emerged in present-day battlefield situations. Subjects examined in depth include direct participation in hostilities, human shields, and air and missile warfare. Useful definitions and explanations have been added, making intricate problems easier to comprehend. The book is designed not only for students of international law, but also

as a tool for the instruction of military officers.

• The definitive text on the conduct of hostilities by the foremost commentator.

• Topical exploration, focusing on recent conflicts in Iraq and Afghanistan.

• Successfully balances academic rigour and clear explanation.

2nd Edition



30 INTERNATIONAL ECONOMIC AND TRADE LAW

The Law and Policy of the World Trade Organization Text, Cases and MaterialsPeter Van den Bossche, Universiteit Maastricht, Netherlands Werner Zdouc, WTO Appellate Body, Geneva

Since the publication of its first edition, this textbook has been the first choice of teachers and students alike, due to its detailed examination of World Trade Organization (WTO) law and clear introduction to the basic principles of its trading system. The third edition continues to explore the institutional and substantive law of the WTO. Material has been restructured to closely align with teaching approaches making it even more user-friendly. It has been updated to incorporate all new developments in the WTO’s body of case law. Questions and assignments are integrated to allow students to assess their understanding, while chapter summaries reinforce learning. Each chapter ends with an exercise reflecting real-life trade problems: these challenge students (and practitioners) and enable them to hone their analytical skills. The title is an essential tool for all

WTO law students and will also serve as the practitioner’s introductory guide to the WTO.

• Restructured to more closely align with teaching in the field.

• All new case law developments explored.

• Introduction of leading practitioner to author team offers additional expertise.

• Retains comprehensive coverage, rigorous analysis and pedagogical features which ensures its market leading status.


Contents1. International trade and law of the WTO; 2. The World Trade Organization; 3. WTO Dispute Settlement; 4. Most favoured nation treatment; 5. National treatment; 6. Tariff barriers; 7. Non-tariff barriers; 8. General and security exceptions; 9. Economic emergency exceptions; 10. Regional trade exceptions; 11. Dumping; 12. Subsidies; 13. Technical barriers to trade; 14. Sanitary and phytosanitary measures; 15. Intellectual property rights; 16. Future challenges to the WTO and the multilateral trade system

”

“An excellent textbook, written

with an admirable degree of

clarity and rigour … Professor

Van den Bossche remarkably

succeeds in combining an in-

depth analysis of the law of the

World Trade Organization with a

thought-provoking introduction

to the legal, institutional, and

policy challenges facing the

multilateral trading system. The

book is an invaluable reference

for students, academics and

practitioners in the field.”

Dr Gracia Marín Durán,

Director, LLM Programme in

International Economic Law,

University of Edinburgh

3rd Edition



31INTERNATIONAL ECONOMIC AND TRADE LAW ”

“This book offers a great

overview of a fast developing

domain of knowledge. This

comprehensive introduction

guides students through theories,

concepts and doctrines within

this expanding law-discipline.”

Jacko A. van Ast,

Erasmus University,

Rotterdam

INTERNATIONAL ENVIRONMENTAL LAW

Available April 2015247 x 174 mm, 488pp9781107673342 £29.99/$47.99 PB9781107041240 £70.00/$115.00 HB

ContentsIntroduction Part I. Foundations: 1. Emergence and development of international environmental law 2. Main features of international environmental law 3. The principles of international environmental law Part II. Substantive Regulation: 4. Oceans, seas and freshwater 5. Atmosphere 6. Biological diversity 7. Dangerous substances and activities Part III. Implementation: 8. Traditional approaches: responsibility/liability/adjudication 9. Alternative approaches – facilitation and management of ‘noncompliance’ Part IV. Interactions with Other Branches: 10. Interactions with human rights law 11. Interactions with the law of armed conflict 12. Interactions with international economic law

International Environmental Law A Modern IntroductionPierre-Marie Dupuy, Graduate Institute of International Studies, GenevaJorge E. Viñuales, University of Cambridge

This textbook provides a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. Written in an accessible style, the book covers all the major multilateral environmental agreements, paying particular attention to their underlying structure, their main legal provisions, and their practical operation. The material is structured into four sections: (I) Foundations, (II) Substantive regulation, (III) Implementation, and (IV) International environmental law as a perspective. The presentation of the material blends policy and legal analysis and makes extensive reference to the relevant treaties, instruments and jurisprudence. All chapters include a detailed bibliography along with numerous figures to summarise the main components of the regulation. It covers emerging topics such as foreign investment and the environment, environmental migration,

climate change and human rights, technology diffusion, and environmental security in post-conflict settings.

• Covers emerging topics such as foreign investment and the environment, environmental migration, climate change and human rights, technology diffusion, and environmental security in post-conflict settings.

• Conceptually clear introduction to a complex subject.

• Engages with technical aspects that some books avoid to ensure full understanding.

• Precise and clear language makes international environmental law accessible to those new to the subject.



32 INTERNATIONAL ENVIRONMENTAL LAW

Available Now2012, 247 x 174 mm, 992pp9780521140935 £44.99/$84.99 PB 9780521769594 £104.99/$169.99 HB

ContentsPart I. The Legal and Institutional Framework: 1. The environment and international society: issues, concepts and definitions 2. History 3. Governance: states, international organisations and non-state actors 4. International law-making and regulation 5. Compliance: implementation, enforcement and dispute settlement Part II. Principles and Rules Establishing Standards: 6. General principles and rules 7. Atmosphere and climate change 8. Freshwater resources 9. Oceans, seas and fisheries 10. Biodiversity 11. Hazardous substances and activities 12. Waste 13. Polar regions Part III. Techniques for Implementing International Principles and Rules: 14. Environmental impact assessment 15. Environmental information 16. Financial resources, technology transfer and intellectual property 17. Liability for environmental damage Part IV. Linkage of International Environmental Law and Other Areas of International Law: 18. Human rights and armed conflict 19. International trade and competition 20. Foreign investment 21. Future developments

”

“From its very first edition,

this important book has been

an indispensable resource for

students and practitioners. It

provides an accurate account of

the development and current state

of the law and well organized

and comprehensive coverage of

key topics. The updated chapters

on water, biodiversity, climate

change and international trade

are particularly welcome. I warmly

recommend it to anyone studying

international environmental law.”

Dr C. P. McKenzie,

University of Cambridge

Principles of International Environmental LawPhilippe Sands, University College LondonJacqueline Peel, University of MelbourneAdriana Fabra, Universitat de Barcelona Ruth MacKenzie, University of Westminster

This comprehensive textbook fully covers the key topics of the course. It includes the history and framework in which international environmental law exists, key areas of regulation and implementation, links to other areas of law and future developments. It incorporates developments in treaty and case law and includes a new part focused on linkage to other areas of international law including human rights, international trade and foreign investment. There is also a new chapter on future developments. Specialist authors writing on oceans, seas and fisheries and biodiversity add to the expertise of the two principal authors for an authoritative overview of the subject.

• Leading textbook in an area of growing importance and complexity.

• Critical commentary on some of the world’s most pressing problems including climate change, biodiversity and regulating pollution and waste.

• Looks at the contribution made by governments, courts and non-state actors for a full understanding of the protagonists involved.

3rd Edition



33”

Praise for the previous edition:

“This book provides comprehensive and

up-to-date coverage of a central topic

in international law. It goes beyond

the traditional subjects covered in the

law of the sea to include contemporary

and important maritime issues, such as

the conservation of marine biological

diversity and the maintenance of

international peace and security at

sea. Presented in a simple, yet precise,

manner, it will equip the reader with an

understanding of all of the key issues

in the law of the sea, as well as an

appreciation of the challenges which

still lie ahead for the subject.” James Harrison, University of Edinburgh

INTERNATIONAL ENVIRONMENTAL LAW

ContentsPart I. The Legal and Institutional Framework: 1. The environment and international society: issues, concepts and definitions 2. History 3. Governance: states, international organisations and non-state actors 4. International law-making and regulation 5. Compliance: implementation, enforcement and dispute settlement Part II. Principles and Rules Establishing Standards: 6. General principles and rules 7. Atmosphere and climate change 8. Freshwater resources 9. Oceans, seas and fisheries 10. Biodiversity 11. Hazardous substances and activities 12. Waste 13. Polar regions Part III. Techniques for Implementing International Principles and Rules: 14. Environmental impact assessment 15. Environmental information 16. Financial resources, technology transfer and intellectual property 17. Liability for environmental damage Part IV. Linkage of International Environmental Law and Other Areas of International Law: 18. Human rights and armed conflict 19. International trade and competition 20. Foreign investment 21. Future developments

INTERNATIONAL LAWThe International Law of the SeaYoshifumi Tanaka, University of Copenhagen

This new edition has been fully revised and updated to include contemporary issues together

with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral

Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure

of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction,

maritime delimitation, and protection of the marine environment. A new concluding chapter has

also been included and presents a perspective on the future development of the international

law of the sea. Detailed footnotes and further reading sections, combined with illustrations and

tables ensure understanding of the subject. By offering clarity of expression and academic rigour,

The International Law of the Sea remains the best choice for students.

• Clear, engaging writing style and a systematic manner of analysis.

• New edition retains detailed footnotes and further reading sections.

• Includes student-friendly features such as chapter openings, illustrations and diagrams to enhance understanding of rules.


ContentsPart I. The Divided Oceans: International Law Governing Jurisdictional Zones: 1. Law of the sea in perspective 2. Baselines and related issues 3. Marine spaces under national jurisdiction I: territorial sovereignty 4. Marine spaces under national jurisdiction II: sovereign rights 5. Marine spaces beyond national jurisdiction 6. Maritime delimitation Part II. Our Common Ocean: Protection of Community Interests at Sea: 7. Conservation of marine living resources 8. Protection of the marine environment 9. Conservation of marine biological diversity 10. Marine scientific research 11. Maintenance of international peace and security at sea 12. Land-locked and geographically disadvantaged states 13. Peaceful settlement of international disputes 14. Looking ahead

2nd Edition



34 INTERNATIONAL LAWAn Introduction to International Organizations LawJan Klabbers, University of Helsinki

The third edition of this market leading textbook (previously called An Introduction to International

Institutional Law) is written in a clear, three-part structure. It is centred on the dynamics of the relationships

between international organisations and their organs, staff, and the outside world. It discusses the essential

topics of the law of international organisations, including powers, finances, and privileges and immunities,

as well as membership rules, institutional structures, and accountability. The newly revised text has been

updated extensively.

• Material has been reorganised into a clear three-part structure.

• Updates include the addition of new case law, the inclusion of the EU’s Lisbon Treaty (and Croatia’s accession) and the adoption of articles on the responsibility of international organisations.

• Two new chapters cover the international civil service and relations between organisations and other institutions, respectively.


Contents1. Introduction 2. The rise of international organisations Part I. Member States and International Organisations: 3. The legal position of international organisations 4. International organisations and the law of treaties 5. Issues of membership 6. Financing 7. Privileges and immunities 8. Legal instruments 9. Dissolution and succession Part II. Internal Relations: 10. Institutional structures 11. The bureaucracy Part III. External Relations: 12. Treaty-making by international organisations 13. Organisational liaisons 14. Issues of responsibility 15. Concluding remarks

3rd Edition



35INTERNATIONAL LAWInternational LawMalcolm Shaw, Essex Court Chambers, London

This new edition of International Law confirms the text’s status as the definitive book on

the subject. Combining both his expertise as teacher and practitioner, Malcolm Shaw’s

survey of the subject motivates and challenges the student. By offering an unbeatable

combination of clarity of expression and academic rigour, he ensures both understanding

and critical analysis. The text has been updated throughout, to reflect all case law and

treaty developments. It retains the detailed reference and footnotes which encourage

further reading at either an undergraduate or postgraduate level.

• Authoritative.

• Comprehensive.

• This is a student’s favourite.


Contents1. The nature and development of international law 2. International law today 3. Sources 4. International law and municipal law 5. The subjects of international law 6. The international protection of human rights 7. The regional protection of human rights 8. Individual criminal responsibility in international law 9. Recognition 10. Territory 11. The law of the sea 12. Jurisdiction 13. Immunities from jurisdiction 14. State responsibility 15. International environmental law 16. The law of treaties 17. State succession 18. The settlement of disputes by peaceful means 19. The International Court of Justice 20. International law and the use of force by states 21. International humanitarian law 22. The United Nations 23. International institutions.

7th Edition

”

“This new edition is - as previous incarnations have been - unquestionably the leading textbook on the topic. The book is about as close to comprehensive as a textbook can get, and throughout it is extremely detailed and analytical. Yet, it is also accessibly written and easy to follow. Shaw’s book is an excellent introduction to international law for undergraduates and others new to the subject, but it will also be of significant value to postgraduates, teachers and practitioners. This fully updated version covers crucial recent developments, such as the International Court of Justice’s Jurisdictional Immunities decision, the annexation of Crimea, and the Libyan

and Syrian civil wars.”

James A. Green,

University of Reading



36 INTERNATIONAL LAWAn Introduction to International Criminal Law and ProcedureRobert Cryer, University of BirminghamHåkan Friman, University College LondonDarryl Robinson, Queen’s University, OntarioElizabeth Wilmshurst, University College London

By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.

• The established market leading textbook written by an unbeatable author team of experts.

• Clarity of expression and comprehensive coverage combine to make this required reading for all students.

• New edition features updated case law and new material on the changing status of tribunals, growing case law on liability and the theory of international criminal law.

• Complete textbook package for students and lecturers: extensive online resources include sample syllabi, case studies and worked examples.


ContentsPart I. Introduction: 1. Introduction: what is international criminal law? 2. The aims, objectives and justification of international criminal law Part II. Prosecutions in National Courts: 3. Jurisdiction 4. National prosecutions of international crimes 5. State cooperation with respect to national proceedings Part III. International Prosecutions: 6. The history of international criminal prosecutions: Nuremberg and Tokyo 7. The ad hoc international criminal tribunals 8. The International Criminal Court 9. Other courts with international elements Part IV. Substantive Law of International Crimes: 10. Genocide 11. Crimes against humanity 12. War crimes 13. Aggression 14. Transitional crimes, terrorism and torture 15. General principles of liability 16. Defences/grounds for excluding criminal responsibility Part V. Principles and Procedures of International Prosecutions: 17. Procedures of international criminal investigations and prosecutions 18. Victims in the international criminal process 19. Sentencing and penalties Part VI. Relationship between National and International Systems: 20. State cooperation with the International Courts and Tribunals 21. Immunities 22. Alternative and complements to criminal prosecution 23. The future of international criminal law.

3rd Edition

”

“Cryer, Friman, Robinson and

Wilmshurst present an excellent

combination of width and

depth, of detail and clarity, and

of analysis and critique. These

qualities make this textbook

ideal for both undergraduate

and postgraduate students, but

also a very satisfying port of call

for academics seeking a detailed

and thoughtful introduction to

international criminal law and

procedure.”Ioannis Kalpouzos, City University London



37INTERNATIONAL LAWInternational LawJan Klabbers, University of Helsinki

Written by one of the world’s leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as ‘the rules governing the legal relationship between nations and states’, but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.

• Landmark new textbook by leading international law scholar.

• Gives the broadest perspective on the subject by looking at not only legal but diplomatic and political context.

• Clear four-part structure guarantees students’ understanding.

• Dynamic and engaging discussion gives subject relevance and immediacy.


ContentsTable of cases Preface Part I. The Structure of International Law: 1. The setting of international law 2. The making of international law 3. The law of treaties 4. The subjects of international law 5. Jurisdiction, powers, and immunities 6. The individual in international law 7. The law of responsibility 8. International courts and tribunals 9. Sanctions, countermeasures, and collective security Part II. The Substance of International Law: 10. Use of force 11. The law of armed conflict 12. International criminal law 13. The seas, the air, and space 14. Protecting the environment 15. The global economy Part III. The Surroundings of International Law: 16. Domestic courts and the relationship with international law 17. The politics and ethics of international law and global governance 18. By way of conclusion Bibliography

”

“This is a refreshing addition to the long list of textbooks on international law. It comprehensively discussed all the fields of international law that a reader of an introductory textbook will be interested in. Yet, it does much more, by explaining why [it is] often impossible to identify a single right answer to any legal question and by placing international law in a broader context of global governance, politics and ethics. Written in Klabbers’ characteristic lucid and critical style, this is a book that many readers will enjoy reading, rather than just studying.’

André Nollkaemper,

University of Amsterdam



38

Modern Treaty Law and PracticeAnthony Aust, London School of Economics and Political Science

This new edition of a textbook first published in 2000 provides a comprehensive account of the law of

treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind.

Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just

when they are the subject of a court case. He explores numerous precedents from treaties and other related

documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language,

the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern

Treaty Law and Practice is essential reading for teachers and students of law, political science, international

relations and diplomacy, who have an interest in treaties.

• Each chapter has been updated to include many more detailed examples of treaties and related

documents (e.g. MOUs).

• Written by an experienced practitioner, conveying the practical side of treaty law.

• Uses non-technical language, making it accessible to all.

• Contains more candid information than previous editions, as the author has now left his post in the

Foreign Commonwealth Office.


ContentsIntroduction 1. Vienna Convention on the Law of Treaties 1969 2. What is a treaty? 3. MOUs 4. Capacity to conclude treaties 5. Full powers 6. Adoption and authentication 7. Consent to be bound 8. Reservations 9. Entry into force 10. Treaties and domestic 11. Territorial application 12. Successive 13. Interpretation 14. Third States 15. Amendment 16. Duration and termination 17. Invalidity 18. The depositary 19. Registration and publication 20. Dispute settlement and remedies 21. Succession to treaties 22. International organisations 23. Drafting and final clauses Appendices.

INTERNATIONAL LAW3rd Edition



39INTERNATIONAL LAWFoundations of International Migration LawEdited by: Brian Opeskin, Macquarie University, SydneyEdited by: Richard Perruchoud, International Organisation for MigrationEdited by: Jillyanne Redpath-Cross, International Organisation for Migration

International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

• Broad coverage of relevant legal regimes across the chapters.

• Each chapter contains a list of key resources and key readings, allowing readers to explore relevant migration institutions, processes and databases.

• Clearly written chapters on non-specialist sources of IML, including a glossary of essential terms.


Contents1. Conceptualising international migration law 2. Contemporary patterns of international migration 3. Sources of international migration law 4. Nationality and statelessness 5. State sovereignty and freedom of movement 6. International human rights of migrants 7. Refugees and asylum 8. Women, children and other marginalised migrant groups 9. Human trafficking and smuggling 10. International migration by sea and air 11. International labour migration 12. International trade law and labour mobility 13. Global migration institutions and processes 14. Regional processes, law and institutional developments on migration 15. Emerging legal issues in international migration Appendix 1. Glossary Appendix 2. Cases Appendix 3. Treaties and other international instruments



40 INTERNATIONAL LAWHandbook of International LawAnthony Aust, London School of Economics and Political Science

To the new student of international law, the subject can appear extremely complex: a system of laws created by states, international courts and tribunals operating at the national and global level. A clear guide to the subject is essential to ensure understanding. This handbook provides exactly that: written by an expert who both teaches and practises in the field, it focuses on what the law is; how it is created; and how it is applied to solve day-to-day problems. It offers a practical approach to the subject, giving it relevance and immediacy. The second edition retains a concise, user-friendly format allowing central principles such as jurisdiction and the law of treaties to be understood. In addition, it explores more specialised topics such as human rights, terrorism and the environment. This handbook is the ideal introduction for students new to international law.

• Gain a working knowledge of how international law is created and applied by states and international organisations through a handbook that focuses on the key concepts and principles of the subject.

• More than an introduction to the subject, this practical guide to international law for the non-specialist provides quick answers to questions such as ‘what is a state?’, ‘who is a refugee?’ and ‘what is the difference between state and diplomatic immunity?’

• Sets out the political and diplomatic context highlighting the problems that laws were originally created to solve, as well as how they are now used to solve day-to-day problems.


Contents1. International law 2. States and recognition 3. Territory 4. Jurisdiction 5. The law of treaties 6. Diplomatic privileges and immunities 7. State immunity 8. Nationality, aliens and refugees 9. International organisations 10. The United Nations, including the use of force 11. Human rights 12. The law of armed conflict (international humanitarian law) 13. International criminal law 14. Terrorism 15. The law of the sea 16. International environmental law 17. International civil aviation 18. Special regimes 19. International economic law 20. Succession of states 21. State responsibility 22. Settlement of disputes 23. The European Union

”

“Anthony Aust’s Handbook of

International Law is a masterful

summary of the major areas of

international law and is suitable

for practitioners and students

alike. The author’s experience

as both a practitioner and an

academic is evident in the

pertinent examples given and the

analysis employed. It is a ‘must

read’ for anyone new to the

subject of international law.”

Susan C. Breau,

University of Surrey

2nd Edition



41INTERNATIONAL LAW

Available Now2010, 247 x 174 mm, 554pp9780521747653 £44.99 /$89.99 PB

Contents1. Introduction 2. The shaping factors 3. Controls by the host state 4. The liability of multinational corporations and home state measures 5. Bilateral investment treaties 6. Multilateral instruments on foreign investment 7. Settlement of investment disputes: contract-based arbitration 8. Treaty-based investment arbitration: jurisdictional issues 9. Causes of action: breaches of treatment standards 10. The taking of foreign property 11. Compensation for nationalisation of foreign investments 12. Defences to responsibility

The International Law on Foreign InvestmentM. Sornarajah, National University of Singapore

Sornarajah’s classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market oriented economics to regulatory controls. By offering thought-provoking analysis of not only the law, but related developments in economics and political sciences, Sornarajah gives immediacy and relevance to the discipline. This book is required reading for all postgraduate and undergraduate international law students specialising in the law of foreign investments.

• Timely edition given recent upheavals in the field of foreign investments.

• Provides perfect balance of authoritative overview and thought-provoking analysis.

• Looks at related developments in economics and politics to accurately reflect the law ‘in action’.

3rd Edition



42 JURISPRUDENCE

Available Now2014, 228 x 152 mm, 432pp9781107612570 £34.99/$59.99 PB

Contents1. Introduction Part I. Law as it is: 2. British legal positivism: philosophical roots and command theories 3. Herbert Hart’s new beginning and new question 4. Germanic legal positivism: Han Kelsen’s quest for the pure theory of law 5. Realism in legal theory Part II. Law and mortality: 6. Natural law tradition from antiquity to enlightenment 7. John Finnis’ restatement of classical natural law 8. Separation of law and morality Part III. Social dimensions of law: 9. Sociological jurisprudence and sociology of law 10. Radical jurisprudence: challenges to liberal legal theory 11. Economic analysis of law 12. Evolutionary jurisprudence Part IV. Rights and justice: 13. Fundamental legal conceptions: the building blocks of legal norms 14. Justice

JurisprudenceSuri Ratnapala, University of Queensland

Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline’s major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.

• A comprehensive and critical overview of jurisprudence.

• The book demystifies the subject for students using engaging prose, without sacrificing depth.

• Includes new material on scientific advances in cognition and human behaviour in relation to the laws and expanded treatment of radical jurisprudence and natural law.

2nd Edition



43LABOUR LAWLabour LawHugh Collins, London School of Economics and Political ScienceKeith Ewing, King’s College LondonAileen McColgan, King’s College London

Building on their successful cases and materials book, Collins, Ewing and McColgan present an entirely restructured and freshly written new textbook on employment law. Comprehensive and engaging, it combines detailed analysis and commentary on the law with short contextual extracts to fully equip the labour law student. Carefully balancing clear exposition of legal principles with critical and scholarly analysis, this is the definitive textbook on the subject written by the UK’s foremost employment law scholars. The book’s 20-part structure maps logically onto either a full or half module employment law course. Chapter introductions and conclusions and an uncluttered text design carefully guide the student through the material. Innovative case studies show the law ‘in action’ and discussion of the globalised workplace gives the work a contemporary feel. Put simply, this is required reading for all students of the subject.

• Definitive account of the subject by the UK’s foremost employment law scholars.

• Comprehensive text and integrated materials fully equip the student.

• Clear 20-chapter structure maps onto either the full or half employment law module.

• Case studies illustrating employment law ‘in action’ ensure full engagement and understanding.


ContentsPart I. Introduction: 1. Nature and sources of labour law 2. Globalisation and labour law Part II. The Contract of Employment: 3. Terms of the contract of employment 4. Authority and implied obligations 5. Flexibility and precarious work 6. The personal scope of labour law Part III. Statutory Regulation of the Employment Relationship: 7. Wages 8. Working time 9. Equality 10. Work/life balance 11. Civil liberties at work Part IV. Collective Labour Rights: 12. Freedom of association and the right to organise 13. Freedom of association and trade union autonomy 14. The right to bargain collectively 15. The right to be informed and consulted 16. Collective action and the right to strike 17. Liability for collective action Part V. Termination of Employment: 18. Wrongful dismissal 19. Unfair dismissal 20. Economic dismissal

”

“Collins, Ewing, and McColgan’s

Labour Law provides one of the

finest examples of a research-led

teaching manual. Its users

will no doubt emerge with an

authoritative, rich, and critical

understanding of English labour

law, and fully appreciate the

development of this multifaceted

legal discipline in the broader

European and international

context. ‘Labour law’ at its best.”

Dr Nicola Countouris,

University College London




44 LAW AND RELIGIONLaw and ReligionRussell Sandberg, Cardiff University

The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book’s explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book’s updating website. This innovative text is essential reading for all students in the field.

• First textbook developed for the student of law and religion.

• Comprehensive coverage with concise approach ideal for student audience.

• Well organised material and clear writing style guarantee understanding.


Contents1. What is ‘law and religion’? 2. Historical development 3. Legal definitions of religion 4. The legal position of religious groups 5. Religious freedom as a human right 6. Discrimination on grounds of religion 7. Religious offences 8. Religion in schools 9. Religious law 10. The clash of arms

”

“Sandberg’s book is an excellent

tool, which suggests many ideas,

proposals and conceptualisations

that are bound to have an effect

on the academic community

and students across the UK

and elsewhere. In this, his first

book, Sandberg has produced

an invaluable and remarkable

piece which should be highly

recommended in British

universities and to all those with

an interest in religion and law,

theology, history, political science

and sociology.”

Javier García Oliva,

Legal Studies



45LAW AND RELIGIONAn Introduction to Islamic LawWael B. Hallaq, McGill University, Montréal

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

• A concise, erudite introduction to the history, practice and contentions of Islamic law.

• Clearly composed and structured for an undergraduate market.

• Hallaq is the master of his field, a leading scholar of Islamic law and its interpretation.


ContentsIntroduction Part I. Tradition and Continuity: 1. Who’s who in the Shari’a 2. The law: how is it found? 3. The legal schools 4. Jurists, legal education and politics 5. Shari’a’s society 6. Pre-modern governance: the circle of justice Part II. Modernity and Ruptures: 7. Colonizing the Muslim world and its Shari’a 8. Modernizing the law in the age of nation states 9. State, ulama and Islamists 10. Shari’a then and now: concluding notes

”

“This path-breaking new history

of Islamic law will become a

standard introduction to the

subject. Professor Hallaq has

provided a magnificent overview

of the topic, drawing on his wide

reading in primary sources and

his many important publications

on the history of Islamic law and

Islamic legal thought.”

Joseph E. Lowry,

University of Pennsylvania



46 LEGAL SKILLSModern Legal Drafting A Guide to Using Clearer LanguagePeter Butt, University of Sydney

Modern Legal Drafting provides a comprehensive, authoritative guide to drafting legal documents in effective, plain English. Peter Butt, a leading expert in the field, has fully revised and updated the text for this new edition. It combines a practical focus with the legal principles that underpin the use of plain language in law. This dual practical and academic approach distinguishes it from other books in the field. It includes expanded material on the techniques for achieving a style that is both clear and legally sound. It also includes new material on the challenges and merits of drafting in plain language, and provides many before-and-after examples to help both practising lawyers and students develop their skills. It takes an international approach, drawing upon case law and statutes from England, Australia, New Zealand, the United States, Canada, Ireland, India, Malaysia, Singapore and Hong Kong.

• Takes a dual practical and academic approach and goes beyond mere drafting techniques to delve into the theory and case law.

• Provides many before-and-after examples to bring legal drafting to life.


Contents1. Introduction 2. What influences the legal drafter 3. How legal documents are interpreted 4. Some benefits of drafting in plain English 5. How to draft modern documents Part I. Structure and Form 6. How to draft modern documents Part II. Particular Issues for Legal Drafters 7. How to draft modern documents Part III. Words and phrases 8. Using the modern style.

3rd Edition



47LEGAL SKILLSThe Art of Argument A Guide to MootingChristopher Kee, Universität Basel, Switzerland and Deakin University, Victoria

The Art of Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to participate in an international mooting competition, The Art of Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject matter, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun. Through the process of mooting you learn how to construct analytical arguments, to present your point logically and soundly and to consider and address the queries and concerns of your opponent and the Moot Master. For a law student there is no greater skill than constructing a logical and compelling argument.

• This is the only book available that focuses on international mooting competitions.

• It explains in detail the secrets of success to winning an international moot, and is the perfect manual for any student entering these competitions.


ContentsPreface Part I. Making the Most of a Moot: 1. Introduction 2. You’ve made the team - what next? 3. Being part of a team 4. Building an argument 5. Written documents 6. Oral submission 7. Practice moots 8. The competition itself! 9. After it’s all over Part II. References and Resources Part III. International Moots Index



48 LEGAL SKILLSLawyering Skills and the Legal ProcessCaroline Maughan, University of the West of England, BristolJulian Webb, University of Westminster

Lawyering Skills and the Legal Process bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university. It develops oral and written communication, group working, problem solving and conflict resolution skills in a range of legal contexts: client interviewing, drafting, managing cases, legal negotiation and advocacy. The book is designed specifically to help students to practise and develop skills that will be essential in a range of occupations; develop a deeper understanding of the English legal process and the lawyer’s role in that process; enhance their understanding of the relationship between legal skills and ethics; and understand how they learn and how they can make their learning more effective. This book provides a stimulating, accessible and challenging approach to understanding the problems and uncertainties of practising law that goes beyond the standard approaches to lawyers’ skills.

• It adopts a workbook approach, enabling students to engage meaningfully with the material.

• It includes numerous exercises to facilitate teaching and learning.

• The book bridges the gap between academic and practical law for students undertaking undergraduate skills-based and clinical legal education courses.


ContentsPreface Table of cases and legislation Introduction 1. Descent into the swamp 2. Learning to live in the swamp 3. Law talk and lay talk: lawyers as communicators 4. You’ll never work alone: group learning and group skills 5. Interviewing: building the relationship and gaining participation 6. The ‘Good Lawyer’: ethics and values in legal work 7. Clarifying language: making sense of writing 8. Manipulating language: drafting legal documents 9. Handling conflict: negotiation 10. Advocacy: case management and preparation 11. Into court: the deepest swamp? Further reading.


2nd Edition



49MEDICAL LAWMedical Law and Medical EthicsNils Hoppe, Universität Hannover, GermanyJosé Miola, University of Leicester

A focus on the interplay between medical law and medical ethics makes this refreshing new textbook the most balanced approach available to students of law and medicine. By offering a unique chapter structure which gives equal weight to both the legal and ethical issues it allows for an appreciation of all factors at play in the field of medical law. In addition, its student-friendly writing style combined with critical analysis gives students the tools to engage with key issues and form their own understanding. Accompanying online case studies convey the law in practice, and encourage students to consider their own views and arguments in terms of legal analysis and ethical consideration. Coverage of recent judicial cases and statutes, with a good balance of factual detail and critical analysis, allows students to engage with this evolving discipline.

• The equal consideration of medical law and medical ethics provides the most balanced approach available.

• A unique, consistent chapter structure sets out legal principles, draws conclusions and then explores the

ethical questions arising from those principles.

• Accompanying online case studies engage the student and show the law and ethical issues ‘in action.’


Contents1. Introduction 2. Confidentiality and access to information 3. Errors and fault 4. Consent and autonomy 5. Incapable adults and children 6. Resource allocation and prioritisation 7. Assisted reproduction 8. Abortion, neonaticide and infanticide 9. Organ and tissue transplantation 10. Research 11. End of life 12. Concluding thoughts.

”

“This book provides a thoughtful and insightful engagement with the subject of medical law. In encouraging readers to think thematically across different substantive areas, the authors have succeeded in not only illuminating some of the most crucial ethical debates for this area of legal regulation, but of telling the story of the development of medical law and of highlighting the difficulty of the decisions that have to be reached. The book’s conversational style is sure to provoke further interesting

debate amongst its readership.”

Julie McCandless, London

School of Economics and

Political Science



50 PRIVATE INTERNATIONAL LAWCollier’s Conflict of LawsPippa Rogerson, University of Cambridge

This reworked version of Conflict of Laws introduces a new generation of students to the classic. It has been

completely rewritten to reflect all the recent developments including the increased legislation and case law in

the field. The author’s teaching experience is reflected in her ability to provide students with a clear statement

of rules which sets out a framework to the subject, before adding detail and critical analysis. Recognising that

the procedural aspect of the subject challenges most students, the book explores conflict of laws in its practical

context to ensure understanding. Teachers will appreciate the logical structure, which reflects teaching in

the field today. Retaining the authority that was the hallmark of the previous edition, this contemporary and

comprehensive textbook is essential reading.

• Clear and accessible updated version of the classic text on the subject.

• Focuses on commercial law.

• Substantially rewritten to reflect all case law and legislative developments.

• Restructured to map contemporary courses.

Contents1. Introduction 2. Characteristics of the conflict of laws 3. Domicile and habitual residence procedure 4. Selected aspects of procedure of the English court 5. Jurisdiction of the English courts 6. National rules 7. Provisional measures 8. Foreign judgments 9. Choice of law rules 10. Contractual obligations 11. Non-contractual obligations 12. Property 13. Avoiding the results of the choice of law process


4th Edition



51”

“This is an excellent text . . . [It]

achieves its aims of providing an

accessible socio-legal framework

for students and practitioners to

understand housing law.”

Liam Thornton,

Legal Studies

PROPERTY LAWHousing Law and PolicyDavid Cowan, University of Bristol

An innovative and timely guide to housing law that integrates the disciplines of law and public policy so that readers see how the subject fits together – both the letter of the law and the way it is practised. The innovative three-part structure covers all the topics of a typical Housing Law module and it is written in a clear and conversational style, with a wide range of source material to show how the law is created, interpreted and used in real life. Students are expertly guided through the complexities of housing law by a leading academic who has taught the subject for more than 20 years. Where relevant, chapters end with a section on ‘the future’ that discusses proposed changes to the law and the impact of those changes. It also discusses the conceptual issues raised by the Human Rights Act.

• Integrates the disciplines of law and public policy so that the student can see how the subject fits together - both the letter of the law and the way it is practised.

• Acknowledges the many official and unofficial linkages between law and public policy to give a fuller picture of decision-making and regulation in housing.

• Innovative three-part structure covers everything you need to know for a Housing Law module.


Contents1. Locating housing law and policy Part I. Regulation of Housing Tenure: 2. Regulating ownership 3. Regulating private renting 4. Regulating council housing 5. Regulating private registered providers Part II. Access to Housing: 6. Homelessness 7. Allocation of social housing 8. Eligibility 9. Access to private rented housing 10. Access to ownership Part III. Rights and Responsibilities: 11. Security of tenure 12. Unlawful eviction and harassment 13. State and condition 14. Arrears 15. Anti-social behaviour 16. Mandatory possession proceedings




52 TORT LAWAtiyah’s Accidents, Compensation and the LawPeter Cane, Australian National University, Canberra

Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a ‘compensation culture’ and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book’s enduring central argument for its radical reform remains as compelling as ever.

• Explains the basic concepts of personal injury law and how it relates to other areas of the law.

• Takes account of the latest statistical and empirical data about the operation of the tort system.

• Examines complaints that Britain is a compensation culture and that the tort system is out of control.


ContentsPart I. The Issues in Perspective: 1. Introduction: surveying the field Part II. The Tort System in Theory: 2. Fault as a basis of liability 3. The scope of the tort of negligence 4. Departures from the fault principle 5. Causation and remoteness of damage 6. Damages for personal injury and death 7. An appraisal of the fault principle Part III. The Tort System in Operation: 8. Claims and claimants 9. Tortfeasors and insurers 10. Settlements and trials Part IV. Other Compensation Systems: 11. First-party insurance 12. Compensation for criminal injuries 13. The social security system 14. Other forms of assistance Part V. The Overall Picture: 15. A plethora of systems 16. The cost of compensation and who pays it 17. The functions of compensation systems Part VI. The Future: 18. Accident compensation in the twenty-first century Index


8th Edition


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