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Law,Contract, Tort, Restitution and Commercial Law

Law,Legal Education and the Legal Profession

This book addresses a contested but under-discussed question in the field of criminal sentencing: Should an offender's remorse affect the sentence he or she receives? Answering this question involves

This book commences with an analysis of the current state of child soldiering internationally. Thereafter, the proscriptive content of contemporary norms on the prohibition of the use and recruitment

In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets a

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, financ

The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proven that it is one of the most cutting-edge scholarly associatio

Law,Family Law,Gender and the Law

Market driven healthcare is massively divisive. Opponents argue that a competition approach to medical treatment negatively impacts on quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions to show that the concerns over quality are in fact real. Taking a two part approach, it unveils the fault lines along which healthcare provision and the pursuit of quality would in certain cases clash. It then shows how competition authorities can only effectively assess competition concerns when they ask the fundamental question of how the concept of healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical and health insurance markets to give an accurate depiction of the reality and challenges of regulating competition in healthcare provision.

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

This book revisits the Treaty of Lisbon’s promise to further parliamentarize the EU’s functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament’s formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will f

This book addresses one of the most serious societal questions of our time; namely how forms of minority recognition can be articulated in the law, institutions, and contemporary societal contexts. By so doing it approaches minority rights by means of a critical engagement with the law and its categorisations. Going further, it approaches collective recognition by means of distinct rights, including participation and free speech as well as the challenges arising with related conflicts of rights. Some chapters address intersectional forms of discrimination, illustrating the complexities of societal exclusion and the hopes placed in the law accommodating a multiplicity of grounds of discrimination. Drawing on empirical findings in Europe and Latin America, the book draws theoretical conclusions and new frameworks of recognition. A fascinating study on one of the key questions engaging human rights and discrimination law.

This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021.Although the focus is on England and Wales, paral

In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conw

In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States’ attitudes to economic, fiscal, and monetary integration since the

The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental

This book considers the significance of informed publics from the perspective of international law. It does so by analysing international media law frameworks and the mediatization of international la

Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objec

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the i

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the ex

A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regar

Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The

‘Disruptive innovation’, ‘the fourth industrial revolution’, ‘one of the ten ideas that will change the world’; the collaborative/sharing economy is shaking existing norms. It poses unprecedented chal

The jury has been criticised as irrational and undemocratic and in recent times has received only lukewarm support from senior members of the English judiciary. However, trial by jury can have an impo

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributi

In 1965, the UK excised the Chagos Islands from the colony of Mauritius to create the British Indian Ocean Territory (BIOT) in connection with the founding of a US military facility on the island of D

Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progres

Concerns for privacy in the face of increasing governmental surveillance have recently been voiced both in the European Union and the United States. The purpose of this book, which brings together som

This collection of essays, based on the papers delivered at a conference on Damages and Compensation Culture: Comparative Tort Law Reform in the 21st Century, hosted by the International Commercial an

While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. Eur

Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political

Vernon Bogdanor - one of Britain's foremost constitutional experts who has written extensively on political and constitutional issues - once told The Guardian that he made 'a living of something that

Law,Competition Law,European Law

The previous editions of this book have established themselves among the leading authorities on Swiss arbitration law. This fully revised and amended third edition provides a comprehensive analysis of

This volume consists of the keynote papers delivered at the 2012 W.G. Hart Workshop on Globalization, Criminal Law and Criminal Justice, organized by the Queen Mary Criminal Justice Center. From a cro

The European Economic Area (EEA) Agreement guarantees the free movement of persons, goods, services, and capital. It also provides fair competition and abolishes discrimination on grounds of nationali

This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are u

This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia,

This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law.In today’s global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention