Comparative law Books

Book SynopsisThe North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to comparative law, this study explores new questions in international relations, focusing on the power dynamics among national legal systems.Table of ContentsIntroduction; 1. The fiction of legal Europeanness; 2. The fiction of failed law; 3. The geopolitics of Latin American legal fictions; 4. Latin American cases; Concluding thoughts.

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Book SynopsisIntroduces legal and ethical issues impacting artists, art collectors, dealers, and museums in today's international art markets. Highlights key international treaties and statutes, judicial decisions, and excerpts from scholarly and other publications to make legal and ethical issues in the world of the visual arts accessible and understandable.

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Book SynopsisThe Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first collection of original empirical studies on the impact of the Indian Supreme Court''s most progressive decisions. Combining original datasets with in-depth qualitative research, the chapters provide a rigorous examination of the conditions under which judicial decisions can make a difference to those in need. These studies reveal that the Indian Supreme Court, like its US counterpart, is largely constrained in its efforts. Yet, through the broad sweep of constitutional rights in the Indian Constitution, the Court''s procedural innovations, and its institutional independence, the Indian Supreme Court can sometimes make a difference - in the lives of those most in need.Table of ContentsIntroduction; The Indian Supreme Court and progressive social change Gerald N. Rosenberg, Sudhir Krishnaswamy and Shishir Bail; Part I. The Supreme Court of India – An Institutional Overview: 1. The structure and functioning of the Supreme Court of India Nick Robinson; 2. The Supreme Court of India: an empirical overview of the institution Aparna Chandra, William H. J. Hubbard and Sital Kalantry; 3. The recent evolution of public interest litigation in the Indian Supreme Court Poorvi Chitalkar and Varun Gauri; 4. Suo Motu intervention and the Indian judiciary Marc Galanter and Vasujith Ram; 5. Public trust in the Indian judiciary: the power to transform Sudhir Krishnaswamy and Siddharth Swaminathan; Part II. The Supreme Court of India, Social and Political Mobilization: 6. The art of buying time: street vendor politics and legal mobilization in metropolitan India Karthik Rao-Cavale; 7. Court as a symbolic resource: the Indra Sawhney case and the Dalit Muslim mobilization Mohsin Alam-Bhat; 8. PUCL v. Union of India: political mobilization and the right to food Alyssa Brierley; Part III. Welfare Rights and the Environment: 9. A case for qualified hope? The Supreme Court of India and the Midday Meal Decision Rosalind Dixon and Rishad Chowdhury; 10. Implementation in the Delhi pollution case: lessons for the future Robert Moog; Part IV. Discrimination: 11. The polarizing face of law: religious conversion judgments and political discourse in India Shylashri Shankar; 12. Evaluating the impact of the Indian Supreme Court judgment on sex-selective abortion Sital Kalantry and Arindam Nandi; Conclusion. Neither a silver bullet nor a hollow hope: the Indian Supreme Court and progressive social change Gerald N. Rosenberg, Shishir Bail and Sudhir Krishnaswamy.

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Book SynopsisThis comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage andTrade Review"Li’s The Judicial System and Reform in Post-Mao China is the most comprehensive treatment of the subject available at this moment, thoroughly researched, clearly analysed, and critically evaluated. It should be in the library of anyone and any organisation interested in Chinese politics, society and law."Jianfu Chen, La Trobe University, Australia "This is a timely and important study. Dr Li's new book on the judicial system and its reform in contemporary China sketches a roadmap of law and social change on the extended line of the last 30 years of development. Readers are thus able to understand the real problems that lawyers have to face, and the obstacles that the people's courts must overcome if the dream of the rule of law in China is to be realized."Ji Weidong, Shanghai Jiao Tong University, China "Professor Yuwen Li offers a comprehensive and critical study of the judicial system in post-Mao China in her book, which proves to be a precious tool in understanding the complexity of the contemporary Chinese judiciary. It further provides an insightful and critical discussion of the various challenges facing today’s Chinese judicial system."Liu Daqun, Judge of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda"Yuwen Li, Professor of Chinese Law at Erasmus University in Rotterdam, focuses mainly on the laws on criminal and civil procedure and administrative litigation and on the work conditions of judges and lawyers. Among the problems she identifies are: limitation of the rights of defendants in court proceedings; the lack of public reporting of trials; restrictions on independent lawyers; political influence on judges by Communist Party officials through party organisations within or linked to the judicial system; the influence of Adjudication Committees, which can be decisive even when their members are not given full details of trials; and the financial dependence of the Courts on local governments."Kenneth C. Walker, "As an observer teaching and researching Chinese law in Europe in recent years, the author has been paying continuous attention to Chinese judicial reform, thinks about the challenges and resolution regarding Chinese judicial reform from a global and multiple perspective, and draws independent conclusions on the course and direction of Chinese judicial reform. …Therefore there is no doubt that legal practitioners, scholars, policy-makers as well as investors can benefit a lot from this volume."YANG Chengming, Beijing Institute of Technology Institute of International Lawdoi:10.1093/chinesejil/jmw049’Li’s The Judicial System and Reform in Post-Mao China is the most comprehensive treatment of the subject available at this moment, thoroughly researched, clearly analysed, and critically evaluated. It should be in the library of anyone and any organisation interested in Chinese politics, society and law.’ Jianfu Chen, La Trobe University, Australia ’This is a timely and important study. Dr Li's new book on the judicial system and its reform in contemporary China sketches a roadmap of law and social change on the extended line of the last 30 years of development. Readers are thus able to understand the real problems that lawyers have to face, and the obstacles that the people's courts must overcome if the dream of the rule of law in China is to be realized.’ Ji Weidong, Shanghai Jiao Tong University, China ’Professor Yuwen Li offers a comprehensive and critical study of the judicial system in post-Mao China in her book, which proves to be a precious tool in understanding the complexity of the contemporary Chinese judiciary. It further provides an insightful and critical discussion of the various challenges facing today’s Chinese judicial system.’ Liu Daqun, Judge of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for RwandaTable of ContentsIntroduction; 1: Jurisdiction, Hierarchy and Actors; 2: Courts' Relationships with Extra-Judicial Bodies; 3: The Professionalisation of the Judiciary; 4: The Criminal Trial Process; 5: The Civil Trial Process; 6: The Administrative Trial Process; 7: The Role of the Legal Profession in the Judicial System; 8: Conclusions

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Book SynopsisProperty is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects.Table of ContentsA descriptive theory of the legitimate justification of expropriation; The need for a contextualising and descriptive theory of the legitimate justification; The substantive definition of the legitimate justification; The endurance of the legitimate justification; The governance of the legitimate justification of expropriation; Table of partially equivalent requirements; Chapters on German, Dutch, New York State and South African Law; Applicable law; The legitimate purpose; The contextualisation; The administrative and court procedures; The endurance of the legitimate justification; Exploration and evaluation of differences and similarities; The comparative analysis; The roots of the main similarities and differences; Application of international good governance standards; Recommendations; Summary and conclusion; The goals of the research; A descriptive theory of the legitimate justification of expropriation; German law; Dutch law; New York State law; South African law; Exploring and evaluating similarities and differences; Cases; Legislation.

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Book SynopsisThis is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book’s two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. “This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.” Professor G Alan Tarr, Rutgers University “Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.” Professor Balveer Arora, Jawaharlal Nehru University New Delhi “This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.” Professor Cheryl Saunders, The University of Melbourne “This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.” Professor Nico Steytler, University of the Western CapeTrade ReviewIn an increasingly crowded field, this new book on comparative federalism stands out for its iconoclasm, for its illuminating and entertaining selection of illustrative examples, but most of all for a significant methodological breakthrough that makes the book both more useful and more coherent than most of its predecessors ... Because they are not bound to the simplifications of a model, [the authors] are free to concede the enormous complexity of forces that shape federal states ... As a result, their accounts of conditions in individual states are unusually thorough, accurate, and persuasive. -- James A Gardner, University at Buffalo School of Law * Publius: The Journal of Federalism *... a work of great importance, strongly inspired by the need for a critical approach to the normative data, to identify and remove the clichés present in the debate ... a volume, in short, which marks the existence of a before and after in the studies on federalism and which is destined to be a point of reference on the subject. (Translated from the original Italian) -- Giuseppe Martinico * Rivista di Diritti Comparati *Comparative Federalism is a comprehensive and insightful reference work on the practical implementation of the ‘federal toolkit’, supported and enriched by informed historical and theoretical framing. The book is generally accessible, well laid out, and clearly written ... The book will appeal to a wide readership, most obviously those working on federalism and power-sharing arrangements from the perspectives of, inter alia, constitutional law and political science, as well as those interested in such topical issues as participatory democracy and multi-level governance. -- Timothy Jacob-Owens, European University Institute * EUI Constitutionalism and Politics Working Group Blog *... this latest contribution to the functioning of federalism is a valuable addition for both scholars and practitioners, especially lawyers who are faced with challenges regarding this subject. -- Mathias Eller * Federal Governance *… this work is certain to be a reference in the field, not only for scholars of federalism, but also for those who would like to approach the federal idea from a purely legal perspective. The clarity and multitude of its examples make it accessible for all those who intend to embark upon their study of the federal paradigm. (Translated from the original Spanish) -- Francisco Javier Romero Caro, Universidad del País Vasco * Revista de Estudios Políticos *Table of ContentsPart I: Foundations 1. Concepts 2. Manifestations 3. History 4. Debates Part II: Self-Rule and Shared Rule 5. Autonomy of Subnational Entities 6. Participation of Subnational Entities at the National Level 7. Financial Relations 8. Prevention and Resolution of Conflicts 9. Local Government Part III: Powers and Policies: Between Autonomy and Homogeneity 10. Fundamental Rights 11. Social Welfare and Healthcare 12. Environmental Protection 13. Immigration and Migrant Integration 14. External Relations 15. Concluding Remarks

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Book SynopsisThis book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts’ interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.Trade ReviewThe Constitutional Systems of the World series aims to provide interested readers with accessible volumes that outline the historical, political and legal context that gives life to the bare texts of national constitutions. The Irish contribution to this series succeeds in fulfilling all of these objectives. -- Thomas Mohr, University College Dublin * The Irish Jurist *The Constitution of Ireland: A Contextual Analysis offers a timely interdisciplinary analysis which will be of interest to lawyers, social scientists and other scholars with an interest in Irish public life, as well as interested general readers. It would be ideal for undergraduate and introductory law school courses on Irish and comparative constitutional law; and ideally it will contribute to establishing a tradition of contextual research on Irish constitutional law. -- Tim Murphy * Studies *Oran Doyle’s contribution to Hart’s Constitutional Systems of the World series should be read by anyone with an interest in Irish constitutional law and also by comparative constitutional lawyers. -- Paul Daly, University Research Chair in Administrative Law and Governance, University of Ottawa * I•CONnect *Table of Contents1. Beginnings, Influences and Evolution 2. Constitutional Foundations 3. Government and Oireachtas 4. The President 5. Legislative Power and Interpretation 6. Governance and Public Administration 7. Political Constraints on the Government 8. Courts and the Legal Constraint of the Government 9. Fundamental Rights and Judicial Power 10. Constitutional Change 11. Conclusion

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Book SynopsisThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.Table of ContentsThe State of the Art and Shifting Meaning of Legal Certainty Mark Fenwick, Mathias Siems and Stefan Wrbka Part I: Theoretical Perspectives (‘Certainty of Law’) 1. Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness Patricia Popelier 2. Legal Certainty in the Context of Multilingualism Elina Paunio 3. Legal Certainty in the New Corporate Criminal Law Mark Fenwick 4. Economic Analysis of Law and Wilburg’s Flexible System: A Systematic Approach to European Tort Law Monika Hinteregger Part II: Comparative Perspectives 5. Comparative Legal Certainty: Legal Families and Forms of Measurement Mathias Siems 6. The Faces and Implications of Legal Certainty in Contemporary Private Law—A Comparative Law Perspective Stefan Wrbka 7. Legal Certainty: A Common Law View and a Critique John Linarelli 8. Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty Jonas Knetsch Part III: Transnational Perspectives 9. Clashing Legal Certainties: The Danish Supreme Court’s Ruling in AJOS and the Collision between Domestic Rules and EU Principles Mikael Rask Madsen and Henrik Palmer Olsen 10. Towards Appropriate Legal Certainty for Consumers Seeking Justice in a Globalised World Geraint Howells and Mateja Durovic 11. Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law Lisa Jost, Gabriel M Lentner, Thomas Ratka and Stefan Wrbka Part IV: Applied Perspectives (‘Certainty through Law’) 12. Legal Ambiguity in Corporate Governance Charlotte Villiers 13. The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty Yo Terakawa 14. Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law Kunihiro Nakata

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Book SynopsisThis monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an ‘anti-stigma principle’, promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.Trade ReviewSolanke’s monograph offers a genuinely innovative theory of antidiscrimination law, embracing an interdisciplinary approach that remains all too rare in legal scholarship ... Focusing on the link between law and society can only be a good thing, particularly in such trying times. Solanke’s monograph is highly recommended. It is a much-needed contribution to anti-discrimination scholarship. -- William Linton, Queen Mary, University of London * Industrial Law Journal *...the author deserves praise for daring to tackle this subject in depth – something that has not been common amongst legal scholars until now ... In doing so, she has aided not only in highlighting the importance of the concept of stigma to questions regarding legal issues but also in encouraging others to follow suit. -- Paul Quinn, Vrije Universiteit Brussel, Belgium * International Journal of Discrimination and the Law *It is rare that practitioners stand back and consider the theories, basic principles, the ideology and even the sociology underlying the legal concepts that are the day-to-day bread and butter of substantive law. When they do, as in the UNISON ET fees challenge, resulting in the Supreme Court's focus on the meaning of the concept of the rule of law and the role of access to the courts in maintaining the rule of law, the result may go far beyond expectations. Engaging with Solanke's work suggests a similar potential. -- Sally Robertson * Discrimination Law Association Briefings *Solanke’s project ... is doubtless a worthy one. And Solanke’s emphasis on stigma as a key ingredient in a successful theory of discrimination law is a constructive contribution, pointing the way for future work in this rich field of inquiry. -- Benjamin Eidelson * Ethics *Investigating the causal link between stigmatisation and discrimination is ... the agenda set by Solanke in her perspective-shifting and timely book Discrimination as Stigma: A Theory of Anti-Discrimination Law. By shifting the focus to stigmatisation, the book sheds a new light on discrimination theory... Solanke's book is both inspiring and thought-provoking. It can be highly recommended. -- Raphaële Xenidis * European Journal of Legal Studies *Table of ContentsIntroduction I. Construction of the Anti-stigma Principle II. Application of the Anti-stigma Principle 1. Stigma I. Defining Stigma II. Erwin Goffman and Stigma III. The Process of Stigmatisation IV. Developments in the Theory of Stigma V. Power VI. Conclusion 2. Legal Protection from Discrimination I. Introduction II. Equality and Inequality in Political Philosophy III. The Anti-discrimination Principle in International Law IV. Closed Lists V. Open Lists VI. Dignity, Immutability and the Anti-discrimination Principle VII. The Limits of Dignity VIII. The Idea of Immutability IX. Conclusion 3. Stigma and Litigation I. Goffman in Legal Scholarship II. Litigation in Europe III. Conclusion 4. The Anti-stigma Principle I. Linking Interpersonal and Structural Stigma II. Models of Stigma and Public Health III. The Discrimination Virus IV. Conclusion 5. Public Action to Combat Discrimination I. Tackling a Public Health Virus: The Ebola Outbreak of 2014 II. The Transmission of Stigma III. Positive Action and the Public Sector Equality Duty (PSED) IV. Public Action to Tackle the Virus of Discrimination V. Conclusion 6. Stigma, Synergy and Intersectionality I. Understanding Intersectional Discrimination II. Categorisation in Anti-discrimination Law III. Addressing Intersectional Discrimination IV. Applying Intersectional Discrimination V. Conclusion

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Book SynopsisTraditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR’s coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.Trade ReviewThis volume is an excellent example of a critical examination of the jurisprudence of the ECHR. It not only provides clarity about their guidelines, justification and implications in an area that is gaining in importance, but also provides impetus for further development as well as references to possible limits and risks of the concept of criminal law protection obligations. -- Philip Czech * Newsletter Menschenrechte (Bloomsbury translation) *This volume demonstrates, in a holistic way, how coercive human rights duties have inevitably generated tensions with some of the more ‘orthodox’ concerns of human rights law … It also offers a solid basis from which to reappraise concrete developments related to the criminal law (enforcement) tools that are capable of affording effective redress for human rights violations and determine individual criminal liability. * Europe des Droits & Libertés *Table of Contents1. Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights Natasa Mavronicola and Laurens Lavrysen PART I KEY THREADS IN ECtHR DOCTRINE 2. Positive Obligations and the Criminal Law: A Bird’s-Eye View on the Case Law of the European Court of Human Rights Laurens Lavrysen 3. Positive Obligations and Coercion: Deterrence as a Key Factor in the European Court of Human Rights’ Case Law Paul Lemmens and Marie Courtoy PART II PERSPECTIVES ON VICTIMS’ PROTECTION AND REDRESS 4. Retribution through Reparations? Evaluating the European Court of Human Rights’ Jurisprudence on Gross Human Rights Violations from a Victim’s Perspective Alina Balta 5. Shaping Coercive Obligations through Vulnerability: The Example of the ECtHR Corina Heri 6. Criminal Law Responses to Hate Speech: Towards a Systematic Approach in Strasbourg? Stephanos Stavros PART III CRITICAL REFLECTIONS: THEORY, IMPACT, LIMITATIONS 7. Positive Obligations in View of the Principle of Criminal Law as a Last Resort Nina Peršak 8. Sowing a ‘Culture of Conviction’: What Shall Domestic Criminal Justice Systems Reap from Coercive Human Rights? Mattia Pinto 9. Coercive Overreach, Dilution and Diversion: Potential Dangers of Aligning Human Rights Protection with Criminal Law (Enforcement) Natasa Mavronicola 10. Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 ECHR Vladislava Stoyanova 11. The Limitations of a Criminal Law Approach in a Transitional Justice Context Brice Dickson PART IV UNCHARTED WATERS FOR THE ECtHR’S COERCIVE DUTIES DOCTRINE 12. Preventive Obligations, Risk and Coercive Overreach Liora Lazarus 13. Coercive Human Rights and Unlawfully Obtained Evidence in Domestic Criminal Proceedings Kelly M Pitcher Postscript: Coercive Human Rights in Times of Coronavirus Natasa Mavronicola and Laurens Lavrysen

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Book SynopsisThe principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.Trade Review[R]igorous in its attention to detail and demonstrates great adeptness in communicating the complexities of various regulatory regimes in a manner that is both informative and interesting. -- Paul Wragg, University of Leeds * Communications Law *This is an ambitious and authoritative monograph that has been thoroughly researched. It is without doubt a seminal piece of work that not only makes a valuable contribution to the free speech debate now but will, no doubt, continue to act as a catalyst and resource for further research and debate long into the future. Koltay has managed to adroitly balance in depth authoritative analysis with accessibility. Consequently, this book will not only be of huge value to academic and practising lawyers operating within the media law and human rights spheres, but will also be of interest to law students, philosophers, communication and journalism academics, journalists and other media professionals in the UK and internationally. -- Peter Coe, Institute of Advanced Legal Studies’ Information Law and Policy Centre, University of London * Entertainment Law Review *Table of Contents1. The Foundations of Free Speech and Freedom of the Press I. Freedom of Speech in the Age of the Internet II. The Category of ‘Speech’ and the Scope of Protection III. Limitation of the Freedom of Speech IV. Freedom of the Press and Media Regulation 2. The Regulation of the Internet and its Gatekeepers in the Context of the Freedom of Speech I. Online Content Providers as ‘Media’ II. The Regulation of Internet Gatekeepers 3. Internet Service Providers I. Introduction II. Obligations of the Internet Service Providers Regarding Illegal Content III. The Problem of Network Neutrality IV. Censorship by Internet Service Providers 4. Search Engines I. Introduction – The Role of Search Engines in Online Public Sphere II. Search Results as Speech III. The Liability of Search Engines for Violations of Personality Rights IV. The Manipulation of Search Results V. Summary 5. Social Media Platforms I. Introduction II. Social Media Platforms and the Democratic Public Sphere III. The Regulation of Platforms by Legislation IV. Private Regulation by Platforms V. Summary 6. Gatekeepers’ Responsibility for Online Comments I. The Case of Online Comments II. The European Court of Human Rights Case Law Relating to Comments – Overview III. The Relevant Criteria in the Cases before the European Court of Human Rights IV. Main Criticism of the Jurisprudence of the European Court of Human Rights V. The Case of Social Media Comments VI. Summary 7. The Future of Regulating Gatekeepers I. Introduction II. Possible Interpretations of Existing Legal Doctrines Concerning the Public Sphere III. The Possible Models of Future European Regulation IV. Summary

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Book SynopsisLandmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.Trade ReviewLandmark Cases in Defamation Law is a rich source of learning in respect of the many important areas of defamation with which it deals. It is a valuable resource for judges, practitioners and students who have to deal with these areas. We owe a debt of gratitude to the contributors for enhancing our understanding of these areas of the law of defamation. -- Michael McHugh, Former Justice of the High Court of Australia * Media and Arts Law Review *Table of Contents1. Campbell v Spottiswoode (1863) Paul Wragg 2. Bonnard v Perryman (1891) David Rolph 3. Byrne v Deane (1937) Barbara McDonald 4. Kemsley v Foot (1952) Jason Boslan 5. Lewis v Daily Telegraph (1964) Eric Barendt 6. New York Times v Sullivan (1964) David Partlett 7. Uren v John Fairfax & Sons Pty Ltd (1966) Mark Lunney 8. Charleston v News Group Newspapers Ltd (1995) Ursula Cheer 9. Reynolds v Times Newspapers Ltd (1999) Hilary Young 10. Dow Jones & Company v Gutnick (2002) Kylie Pappalardo and Nicolas Suzor

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Book SynopsisThis collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.Table of ContentsForeword Preface List of Contributors Table of Cases Table of Legislation 1. Penn v Lord Baltimore, Paul Mitchell (University College London, UK) 2. Peninsular and Oriental Steam Navigation Co v Shand and Lloyd v Guibert (1865), Adrian Briggs (University of Oxford, UK) 3. Bell v Kennedy (1868) and Udny v Udny (1869), Elizabeth Crawford (University of Glasgow, UK) and Janeen Carruthers (University of Glasgow, UK) 4. Godard v Grey and Schibsby v Westenholz (1870), Joshua Folkard (Twenty Essex, UK) and Ian Bergson (Fountain Court Chambers, UK) 5. Phillips v Eyre (1870), Uglješa Grušic (University College London, UK) and Alex Mills (University College London, UK) 6. Abouloff v Oppenheimer (1882), Louise Merrett (University of Cambridge, UK) 7. AM Luther Co v James Sagor & Co (1921), Sir David Foxton (King’s Bench Division, UK) 8. Government of India v Taylor (1955), Alexander Layton KC (Twenty Essex, UK) 9. Taczanowska v Taczanowski (1957), Máire Ní Shúilleabháin (University College Dublin, Ireland) 10. The Eleftheria (1969), William Day (3 Verulam Buildings, UK) 11. Spiliada Maritime Corp v Cansulex Ltd (The Spiliada) (1987), Edwin Peel (University of Oxford, UK) 12. Societe Nationale Industrielle Aerospatiale v Lee Kui Jak (1987), Trevor Hartley (London School of Economics, UK) 13. Morguard Investments Ltd v De Savoye (1990), Stephen Pitel (Western Law, Canada) 14. Akai Ptd Ltd v The People’s Insurance Company Ltd (1996), Mary Keyes (Griffith University, Australia) 15. Canada Trust Co v Stolzenberg (No 2) (1998), Pippa Rogerson (University of Cambridge, UK) 16. Fiona Trust & Holding Corp v Privalov (2007), Sir Marcus Smith (Chancery Division, UK) 17. Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb (2020), David Joseph KC (Essex Court Chambers, UK) 18. Brownlie v Four Seasons Holdings Inc (2017) and Brownlie v FS Cairo (Nile Plaza) LLC (2021), Benjamin Phelps (2 Temple Gardens, UK) 19. Future Landmarks: Scanning the Horizon, Andrew Dickinson (University of Oxford, UK)

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Book SynopsisThis open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.Trade ReviewThe Making of Constitutional Democracy is a rich and sophisticated book. Its bibliographical apparatus is simply breathtaking. The depth of Sandro’s engagement with multiple areas of legal theory is remarkable … Sandro engages with constitutional theory, analytical jurisprudence, administrative law, and the philosophy of language with ease and rigor. -- Felipe Jiménez, USC Gould School of Law * American Journal of Jurisprudence *The book is a real learning experience. If you have accepted some of mainstream legal or political thinking, get ready to have several of your received ideas challenged on a sophisticated level … the book is a worthwhile addition to the literature on a number of key topics in legal theory and democratic theory. -- Barbara Levenbook * JOTWELL *Packed with interesting ideas. -- Lawrence Solum * Legal Theory Blog *[This] book ... tackles, with analytical clarity and rigour, an issue that is central to today’s jurisprudential debates: the distinction between law-creation and law-application ... Paolo Sandro puts forward a considerable series of arguments, many of them highly original (and, to my mind, conclusive), that ground the epistemological difference between these two activities and justify their division. His work constitutes, therefore, a major contribution to a fundamental issue: not just in philosophy of law, but in the theory of constitutional democracy as well. * Luigi Ferrajoli, Emeritus Professor of Philosophy of Law, University of Roma Tre, Italy *The book is excellently-sourced, always well-argued, and makes a case for a revival of philosophical interest in some fundamental truisms of legal and political theory: we can no longer assume to understand central concepts such as law-making, separation of powers, discretion, and application of law ... The book is also an exercise in transdisciplinary jurisprudence: here legal theory is in constant dialogue with the empirical findings in other areas of law and beyond. Sandro’s work is relevant, insightful and interesting. * Patricia Mindus, Professor in Practical Philosophy, Uppsala University, Sweden *Paolo Sandro ... appears to have read everything – and I do mean everything – in legal philosophy, political theory, and the philosophy of language. His book is not, however, a compendium of the views of others. It is, rather, chock full of original and innovative arguments, brought together in a spacious book of uncommon appeal. * Stanley L Paulson, Co-Director of the Hans Kelsen Forschungsstelle, University of Kiel, Germany *How does the distinction between creation and application of law bear upon the legitimacy of our constitutional democracies? Bringing the realist’s quandary about the indeterminacy of law to an examination of the conceptual and institutional features of constitutional democracy, Paolo Sandro’s unfailingly erudite yet remarkably accessible book literally has something for everyone in its answer to that question. Its wide-ranging, historically sensitive, and bridge-building analysis makes a compelling case for why a distinction upon which so many assumptions and practices of democratic constitutionalism turn demands a closer look. * Kristen Rundle, Professor of Law, University of Melbourne, Australia *Paolo Sandro ties together the role of law from its creation through its application to the ideals of constitutionalism and democracy. He systematically breaks down the role of law through a systematic approach that shows the breadth of the topic, while also expanding upon many of the elements necessary for constitutional democracy. * Democracy Paradox *Table of ContentsI. Aims and Structure of the Work 1. Law, Power, and Political Authority. On the Scope and Limitations of the Work I. Introduction II. Brief Methodological Remarks III. The Province of the Problem Determined: What is Law? IV. Politics, Political Power, Political Authority V. From Powers to Power. The Familiar Tale of the Ineluctability of the State A. And its Two-pronged Critique: Isonomia and ‘Early’ States VI. The Conditions of Existence of Political Authority: Insights from the Theory of Normative Orders 2. The Dependence of Constitutional Democracy on the Distinction between Creation and Application of Law I. Introduction II. The Contested Relationship between Law and Politics III. Law as lex and as ius: The Duality that Makes Constitutionalism Possible IV. From Constitutions to Constitutionalism: Narrowing the Focus of Constitutional Theory V. The (Proverbial) Tension between Democracy and Constitutionalism VI. Modern Constitutionalism as ‘Legal Otherness’ VII. The Two-fold Justificatory Dependence of Constitutional Democracy on the Idea of Application of Law 3. A Critical Evaluation of Moderate Legal Realism I. Introduction II. Realism vs Formalism III. Let Us be Realist about Adjudication. What do Judges Eat for Breakfast? IV. Realism and Realisms in Law: Meta-theory V. The Lowest Common Denominator of Legal Realism VI. The Two Axes of Rule-scepticism A. Radical-immanent Indeterminacy Thesis B. Radical-transcendental Indeterminacy Thesis C. Moderate-immanent Indeterminacy Thesis D. Moderate-transcendental Indeterminacy Thesis VII. The Unbearable Lightness of Moderate Scepticism 0 VIII. On the Normativity of Law, and On the Digestion of Judges 4. Towards a Unified Account of Discretion in Law I. Introduction II. HLA Hart and the Concept of Discretion. Back to the Future? III. Dworkin and the (Normative) No-Strong-Discretion Thesis IV. Discretion as a Pervasive Feature of Kelsen’s Stufenbaulehre V. Discretion as Balancing in Klatt (and Alexy) VI. The History of Discretion in the Administrative Domain VII. Administrative Discretion in Germany VIII. Discretion in the French-Italian Administrative Tradition IX. The Concept of Discretion in English Administrative Law X. Towards a Unifi ed Account of Discretion in Law A. Normative Discretion B. Interpretive Discretion XI. Conclusion 5. Law and Language and as Language. An Alternative Picture of a Multifaceted Relationship I. Introduction II. The Communicative Model of Law. A Two-way Affair? III. Beyond ‘What is Said’. Speech-act Theory and the Rise of Pragmatics in Legal Interpretation IV. First Objection: Law as Language, Law and Language(s) V. Second Objection: Speech-act vs Text-act Theory VI. Legal Texts as ‘Autonomous’ Text-acts VII. An Alternative Theory of Legal Meaning: Semantic Minimalism VIII. Prolegomena to a Theory of Legal Interpretation IX. Conclusion 6. Creation and Application of Law. An Analytical Distinction I. Introduction II. The Two Extremes: Rejecting vs Assuming the Distinction III. Kelsen on the Relativity of the Distinction between Creation and Application of Law IV. Creation of Law: Of the Typicality of Legal Rules V. The Principle of Legality as a (Semantic) Meta-norm on Law-creation and Law-application VI. Unpacking the Idea of ‘Application of Law’ VII. The Potential Asymmetry between Norm-following and Norm-application VIII. On the (Different) Normativity of Power-conferring Norms IX. Can only Officials Apply the Law? X. Form and Substance. Towards an Analytical Account of Law-application XI. Conclusion XII. PS One Final Objection: Interpretation, Interpretation, Interpretation! 7. The Separation of Powers. A Meta-theoretical Reassessment I. Introduction II. Genealogical Issues. When was the Separation of Powers ‘Invented’? III. A Twofold Meta-theoretical Ambiguity Plaguing the Discussion IV. The Justificatory Debate. Monism vs Pluralism V. Critical Approaches VI. The Separation of Powers as a Formal Theory and as a Normative Doctrine. On the Advantages of Maintaining a Strict Distinction A. The Formal Theory of the Separation or Division of Powers B. A Normative Doctrine of the Organisation of Political Power Based on the Distinction between Law-creation and Law-application VII. Conclusion

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Book SynopsisThis volume explores the state of representative democracy on the global stage. It does this against the backdrop of crises such as the USA Capitol attack on January 6, 2021, recent refusals to accept election results in various countries, and recent attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites. The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model.The contributions include timely reappraisals of democracy in countries, such as the United Kingdom and United States, with old, well-established democratic structures as well as analyses of the state of democracy in regions, such as Africa, Asia and South America, where democracy has had a more chequered history. Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organized? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps? The volume's target audience politicians, public servants and interested members of the public will be provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.

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Book SynopsisRecently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.Trade Review...a first class authority on contract law not only in the United Kingdom, but all throughout the common law world...the book not only sets out the law as it is today; it also has a strong historic component and shows how developments came about and what their roots are. For a real understanding, but also for teaching purposes, this is extremely valuable and almost indispensable...Common law lawyers will find all familiar aspects of what they expect from a book dealing with contract law. The book even deals with common law institutions unknown to German law...Even for German readers, it would be worthwhile and tempting to discuss almost every topic addressed in The German Law of Contract because the book is not only inspiring for common law lawyers, but for civil law lawyers as well. And what is more, in Germany the book could be, and already sometimes is, used by judges and practitioners to find reasonable advice when deciding their cases. Moreover, it makes an invaluable contribution to the discussions on the emerging European private law. It shows the solutions at which two influential legal systems, and especially their courts, have arrived in difficult cases. It also demonstrates the arguments on which they have relied. I am not aware of a German book on English contract law that reaches the same high scientific level as The German Law of Contract and fulfils at the same time all requirements that the needs of practical application request. The book must be strongly recommended to everyone interested in, and concerned with, contract law as well as comparative law. Professor Ulrich Magnus Tulane Law Review 565 (2006) Translation from German to English: The authors admirably and successfully convey the characteristics of German contract law and make the rich German legal culture accessible to the foreign lawyer. Hans Stoll Rabels Zeitschrift fur auslandisches und internationales Privatrecht 72 (2008)Table of Contents1. Introduction 2. The Formation of a Contract 3. The Content of a Contract 4. Relaxations to Contractual Privity 5. Validity 6. Setting the Contract Aside 7. The Doctrine of the Foundation of the Transaction 8. The Performance of a Contract 9. Breach of Contract: General Principles 10. Breach of Contract-Specific Contracts

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Book SynopsisThis innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Orucu, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.Trade Reviewundoubtedly an invaluable addition to the teaching arsenal of comparative law. Reza Banakar Professor, School of Law, University of Westminster, London International Journal of Law in Context Volume 5 Issue 1 (2009) In sum, the Handbook is not merely a reference work - a collection of informational pieces on the discipline - but also provides the average reader with a contemporary picture of comparative law. Jaakko Husa Maastricht Journal of European and Comparative Law 15:2 (2008) This new handbook is...very valuble, not only for the academic audience but also for students who may use this book instead of a traditional comparative law textbook. Mathias M. Siems The Edinburgh Law Review Vol 12 (2008) When it comes down to it, this Handbook is a worthy attempt to provide an accessible and useful overview of the fluid, contested and generally infuriating discipline of comparative law. ...this volume is undoubtedly a beneficial contribution to the literature in the field. Jennifer Hendry German Law Review Each chapter is introduced with a list of key words. A practical feature deemed particularly appropriate for students new to comparative law is a list [of] questions placed at the end of each chapter but before a bibliographical list including further reading. Moreover, the further reading given is sufficiently broad to be useful for novices and as well as more advanced comparative law scholars...this book offers the reader a valuable insight into contemporary debates on comparative law...The division of the Handbook into three sections is an accessible way of structuring the book. It enables the reader to gain a general understanding of the theoretical debates surrounding a subject area before seeing these debates applied in a field of substantive law...an excellent overview of twenty-first century debates and problems surrounding comparative law. Rebecca Zahn Web Journal of Current Legal Issues December 2008 The Handbook is a welcome addition to the literature. One of its benefits is that comparative law is put into context as it is considered from both theoretical and substantive perspective...A wide range of topics is covered and this will allow lecturers to 'pick and choose' whichever topics are most suited to their course. Dr Sylvie Langlaude Queen's University Belfast The African Journal of International and Comparative Law Vol. 16, No. 2, September 08 This collection of papers is as much an introduction to the challenges facing comparative law today, as it is an introduction to what it means to engage in interdisciplinary legal research. Reza Banakar International Journal of law of Context Volume 5, Issue 1 (2009)Table of ContentsI. Comparative Law at a Cross-roads 1. Comparative Law and Comparative Legal Studies David Nelken 2. Developing Comparative law Esin Orucu II. New Directions for Comparative Law 3. Globalisation and Comparative Law William Twining 4. Com-paring H. Patrick Glenn 5. Defining and Using the Concept of Legal Culture David Nelken 6. Is it so Bad to be Different? Comparative Law and the Appreciation of Diversity Roger Cotterell 7. The Economic Approach: Competition between Legal Systems Anthony Ogus 8. A General View of 'Legal Families' and of 'Mixing Systems' Esin Orucu 9. Beyond Europe Werner Menski III. New Territories for Comparative Law 10. Convergence of Private Law in Europe: Towards a New Ius Commune? Jan M Smits 11. Comparative Family Law: Moving with the Times? Masha Antokolskaia 12. Comparative Commercial Law: Rules or Context? Nicholas HD Foster 13. Administrative Law in a Comparative Perspective John Bell 14. Comparative Law in Constitutional Contexts Andrew Harding and Peter Leyland 15. Comparative Law for International Criminal Justice Paul Roberts 16. Judicial Comparativism and Human Rights Christopher McCrudden 17. Comparative Private Law in Practice: The Process of Law Reform Sjef Van Erp 18. Comparative Law in Practice: Courts and the Legislator Esin Orucu 19. A Project: Comparative Law in Action Esin Orucu Index

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Book SynopsisModern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.Trade ReviewAnyone interested in constitutionalism and related matters will find the volume quite absorbing. The Commonwealth Lawyer Vol 16, No 3, December 2007 Both the book's comparative ambition and its substantive focus on the constitutional role of parliaments make it distinctive and are to be welcomed...Comparative constitutional scholarship is in vogue and, in offering a comparative analysis of the roles of parliaments, this book offers a valuable corrective to any tendency in comparative constitutional studies to focusing only on the case law of supreme and constitutional courts. Adam Tomkins Public Law 2008Table of ContentsPart One National Traditions of Parliamentary Law: Towards a European Model? 1. Constitutionalism and the Role of Parliaments AW Bradley, Katja S Ziegler and Denis Baranger 2. Parliamentary Law and Parliamentary Government in Britain: Some Historical Remarks Denis Baranger 3. The Formation of Parliamentary Law in France Pierre Avril 4. Parliamentary Law: The German Experience Fabian Wittreck 5. The Law and Custom of a New Parliament: The European Parliament Sionaidh Douglas-Scott Part Two Parliaments and the Executive 6. Cabinet as the Leading Part of Parliament: The Westminster Model in Europe Armel Le Divellec 7. Parliaments and the Executive: Old Control Rights and New Control Contexts in Germany Christoph Gusy 8. Executive Powers in Foreign Policy: The Decision to Dispatch the Military Katja S Ziegler 9. Separation of Powers, Public Law Theory and Comparative Analysis Nicholas Bamforth Part Three Parliaments, the Courts and Human Rights 10. Judicial Independence and Parliaments The Rt Hon Lady Justice Arden DBE 11. Why Should Judges Be Independent? Luc Heuschling 12. Independence of the Judiciary in Germany Gernot Sydow 13. Making Parliamentary Rights Effective: The Role of Constitutional Courts in Germany Pascale Cancik 14. The Parliamentary Protection of Human Rights Keith Ewing

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Book SynopsisJapan boasts the second largest economy in the world and almost two thousand years of history. Yet, its first modern constitution, the Meiji Constitution, was not enacted until comparatively recently (1889). Since then, following World War II, Japan adopted its current Constitution, the Japanese Constitution of 1946. This book is designed to explain the outline of Japan's Constitution, together with a number of its unique characteristics and to offer an historical background and context which help explain its significance. Major topics covered include the constitutional history of Japan, fundamental principles of the Constitution, the people and the Emperor, the Diet and legislative power, Cabinet and executive power, and the Judiciary and judicial power. Also discussed is the protection of fundamental human rights, individual rights - including freedom of expression,economic freedoms, and social rights, pacifism and national defence, and the constitutional amendment and reform. Although the Japanese Constitution was enacted under the strong influence of the United States Constitution, many of its features are very different. For instance the existence of an Emperor, the long dominance of a conservative party over the Government, the relatively strong power of government bureaucrats, the absence of a leadership role in the Prime Minister, the small role the judiciary play in solving constitutional disputes and the struggle over national defence. Written in an accessible style and comprehensive in content, the reader will find this account of the constitutional law of Japan both unique and stimulating.Trade Review...a concise and balanced description of the legal structure of the Japanese constitution. Kazuhiro Takii Journal of Japanese Studies, Volume 40. Number 1. 2014 Professor Matsui's volume is the first major treatment of Japanese constitutional law to appear in English in several years, and will be accessible to students and scholars alike as an excellent introduction to the field. The volume is easy to use, with a handy table of constitutional articles and legislation, as well as suggestions for further reading for those so inclined. Tom Ginsburg Japan Review, Volume 25, 2013Table of Contents1 The Constitution: Context And History Introduction Part I: Constitutional Context Part II: History Part III: Sources Of Constitutional Law Part IV: Supremacy of the Constitution Part V: Fundamental Principles of the Japanese Constitution Conclusion Further Reading 2 The Constitution, the People and the Emperor Introduction Part I: The Popular Sovereignty Principle Part II: The People Part II: Election and Political Party Part IV: The Emperor Conclusion Further Reading 3 The Diet and the Legislative Power Introduction Part I: The Diet Part II: Powers of the Diet Part III: Legislative Process 78 Part IV: Legislators and Bureaucrats: Reality of the Legislative Process Conclusion Further Reading 4 The Cabinet and the Executive Power Introduction Part I: The Status of the Cabinet and the Prime Minister Part II: The Powers of the Cabinet P art III: The Relationship Between the Cabinet and the Diet Part IV: The Prime Minister, the Cabinet and Bureaucrats Part V: Legal Control of the Executive Conclusion Further Reading 5 The Courts and the Judicial Power Introduction Part I: The Courts Part II: Justiciability Part III: The Power of Judicial Review Conclusion Further Reading 6 The Protection of Fundamental Human Rights: Structural Issues Introduction Part I: Fundamental Human Rights Part II: Applicability of Constitutional Rights Part III: Restrictions on Fundamental Human Rights Conclusion Further Reading 7 The Protection of Fundamental Human Rights: Specific Rights Introduction Part I: Equality Part II: Personal Freedoms Part III: Economic Freedoms Part IV: Social Rights Conclusion Further Reading 8 Pacifism And National Defence Introduction Part I: Pacifism Part II: The Self-Defence Force Part III: The Japan-United States Mutual Security Treaty Part IV: The Constitution and International Peace Cooperation Conclusion Further Reading 9 Constitutional Amendment and Reforms Introduction Part I: Constitutional Amendment Part II: Amending the Japanese Constitution or Enacting a New Constitution Conclusion Further Reading

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Book SynopsisEnvironmental Enforcement Authorities (EEAs), sometimes called Environmental Protection Agencies (EPAs), are the regulatory, monitoring and enforcement agencies of national, state/provincial and local governments worldwide responsible for implementing, monitoring and enforcing environmental legislation. This one-of-a-kind, authoritative handbook offers a comprehensive assessment of the principles and best practice of EEAs throughout the world with a focus on Europe, the USA, Canada, Australia, east and south-east Asia and various other OECD, transition and developing countries. The book assesses structures, expertise and capacity, financing, permitting, monitoring, inspection, enforcement and EEA performance and future directions. It also identifies best practice for creating or improving EEAs. It offers substantial information for industry on the nature of compliance with environmental regulations as well as vital information for professionals, consultants, NGOs and researchers working at the interface between government EEAs and industry.Trade Review'Prescient and highly useful tool for regulators and practicians. Guides the reader through a detailed, careful and well-organized study. To be recommended.' Susanne Mieth Andersen, environmental lawyer, Danish Environmental Protection Agency 'Environment policy is implemented and enforced in many different ways - and at many different levels! Sometimes it is government itself and its civil service, sometimes local or regional government is responsible, and sometimes the work is done by agencies with varying amount od independence from government. The fact is that there is very little comparative, or comprehensive, literature in this field and yet it is vitally important for regulators and regulated alike to be able to make trans-frontier comparisons. This Handbook is a welcome attempt to enable this to be done and I expect it to be on the shelves of everyone with an interest in the efficient implementation and enforcement of environmental law.' Sir Ken Collins, Chairman, Scottish Environment Protection Agency (SEPA) and former member of the European Parliament 'This Handbook provides an excellent, practical overview of one of the most important aspects of any environmental regulatory system, namely the processes and practice of enforcement. It is highly recommended to anyone interested in the day to day enforcement of environmental regulation. The use of interesting case studies and comparative analysis of different regimes makes it both accessible and authoritative. Most of all, it is a book to be used in the real world and not just left on the book shelf.' Stuart Bell, Professor of Environmental Law, Nottingham Law SchoolTable of ContentsIntroduction: The Principles and Nature of Regulation The Nature of Environment Enforcement Authorities Permitting Monitoring and Inspection Action in Response to Non-compliance Compliance Promotion Financing Environmental Enforcement Authorities Management of Environmental Enforcement Authorities

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Book SynopsisA novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union.Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis.Divided into six chapters, it covers: the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard' a taxonomy of forms in which Russian courts effectuate their law-creation functions current policies of courts in legal and socio-political matters joint-stock societies and arbitrazh courts. Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting-out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.Table of ContentsIntroduction. Interpretation and Hard Cases. The Scope and Limits of Judicial Law-Making. The Forms of Judge-Made Law in Russia. The Problem of Uniform Judicial Interpretation in Matters Legal. Social and Political Issues in Courts. Conclusion

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Book SynopsisThis book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules...I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010Trade ReviewWhat a treasure trove...most informative...a source of empirical findings and legal policy conclusions of the highest order VRiLG Lothar Junemann Notar 9/2012Table of ContentsPart I: The Oxford Study on Costs and Funding of Civil Litigation Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka Introduction Section 1: National Approaches to Costs and Funding of Civil Litigation Section 2: The Price of Litigation: A Comparison of Jurisdictions Section 3: Policy Issues and Recommendations Section 4: Summary of Findings Tables and Appendices Questionnaire Table 1: Basis of charges for court fees and lawyers' fees Table 2: Success and contingency fees Table 3: Total minimum cost to claimant in the case studies Table 4: Claimant and defendant costs in the case studies Table 5: Ranges of court fees and lawyers' hourly rates Table 6: Currency conversion rates used in the case studies Part II: National Reports 1. An Introduction to the Range of National Approaches Christopher Hodges 2. Australia Camille Cameron 3. Belgium Vincent Sagaert and Ilse Samoy 4. Canada Eriks S Knutsen and Janet Walker 5. The People's Republic of China Michael Palmer and Chao Xi 6. Denmark Kristine Svenningsen, Jan-Erik Svensson and Anders Orgaard 7. England and Wales John Peysner 8. England and Wales: Christopher Hodges Summary of the Jackson Costs Review 9. England and Wales: Woolf for Slow Learners John Peysner 10. France A. Theoretical Perspectives Yvon Desdevises B. The Rules on Funding and Costs Anne-Laure Villedieu 11. Germany Burkhard Hess and Rudolf Hubner 12. Japan Ikuo Sugawara and Eri Osaka 13. Latin America: Manuel A Gomez A Regional Report 14. The Netherlands Mark L Tuil 15. The Netherlands: Policy Observations Paulien M M van der Grinten 16. New Zealand Kim Economides and Graham Taylor 17. Poland Magdalena Tulibacka 18. Portugal Henrique Sousa Antunes 19. Russia Dmitry Maleshin 20. Spain Aranzazu Calzadilla Medina, Carlos Trujillo Cabrera and Alejandro Ferreres Comella 21. Switzerland Walter A Stoffel and James F Reardon 22. Taiwan Kuan-Ling Shen and Helena HC Chen 23. The United States of America Deborah R Hensler

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Book SynopsisA great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.Trade ReviewI do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area. -- Saira Salimi * Statute Law Review, Volume 35, Number 2 *One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors. Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here. -- Joseph Tomlinson * The Journal of Legislative Studies, 2014 *Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject. -- Christopher May * Political Studies Review *This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them -- Mark Davies * The Table *The book provides well-rounded insight into the intricate relationship between Politics and Law. -- J. Kern * European Review of Public Law *...the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law. (Translated from the original Italian.) -- Nicola Lupo * Rivista Trimestrale di Diritto Pubblico 4/2014 (Oct-Dec) *...this is an interesting book with chapters written by experts in their field. -- Ronan Cormacain * The Theory and Practice of Legislation *Law in Politics, Politics in Law makes clear that its remit is not to examine directly the impacts of courts on politics or the development of judicial review as a legal mechanism for calling politics to account. Yet it makes an important contribution to the debate through its analysis of the day-to-day realities of the relationship. -- Justine Thornton QC * Journal of Environmental Law *Table of ContentsPart 1: Introduction 1. Beginning at the Beginning: The Relationships between Politics and Law David Feldman Part 2: Lawyer-Politicians 2. Lawyers, MPs and Judges Ross Cranston 3. Lawyers in the House of Commons David Howarth 4. The Form and Language of Legislation Alan Rodger Part 3: Lawyers Advising Government 5. Legislation and Politics Stephen Laws 6. Whitehall, Transparency, and the Law David Seymour 7. The Role of Public International Lawyers in Government Michael Wood 8. Government Legal Advisers through the Ethics Looking Glass Matthew Windsor Part 4: Politics and Legal Change 9. Law Reform in a Political Environment: The Work of the Law Commissions Elizabeth Cooke and Hector MacQueen 10. Parliament Act 1911 in its Historical Context Philip Norton 11. The Parliament Act 1949 Chris Ballinger 12. The Realities of the Parliament Act 1911 Daniel Greenberg 13. The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on Parliamentary Procedure and on Legislative Drafting Rhodri Walters Part 5: Politics, the Constitution, and Beyond 14. International Law and Great Power Politics Matthew Parish 15. Law and Democracy in a Human Rights Framework Philip Sales 16. Politics, Law and Constitutional Moments in the UK Dawn Oliver 17. Looking Back and Moving On David Feldman

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Book SynopsisUntil quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.Table of Contents1. Legal Doctrine: Which Method(s) for What Kind of Discipline? Mark Van Hoecke 2. The Method of a Truly Normative Legal Science Jaap Hage 3. Explanatory Non-Normative Legal Doctrine. Taking the Distinction between Theoretical and Practical Reason Seriously Anne Ruth Mackor 4. A World without Law Professors Mathias M Siems 5. Open or Autonomous? The Debate on Legal Methodology as a Reflection of the Debate on Law Pauline C Westerman 6. Methodology of Legal Doctrinal Research: A Comment on Westerman Jan Vranken 7. The Epistemological Function of 'la Doctrine' Horatia Muir Watt 8. Maps, Methodologies and Critiques: Confessions of a Contract Lawyer Roger Brownsword 9. Legal Research and the Distinctiveness of Comparative Law John Bell 10. Does One Need an Understanding of Methodology in Law Before One Can Understand Methodology in Comparative Law? Geoffrey Samuel 11. Comparative Law, Legal Linguistics and Methodology of Legal Doctrine Jaakko Husa 12. Doing What Doesn't Come Naturally. On the Distinctiveness of Comparative Law Maurice Adams 13. Promises and Pitfalls of Interdisciplinary Legal Research: The Case of Evolutionary Analysis in Law Bart Du Laing 14. Behavioural Economics and Legal Research Julie De Coninck 15. Theory and Object in Law: the Case for Legal Scholarship as Indirect Speech Bert Van Roermund

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Book SynopsisWhat drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.Trade ReviewAdi Ayal is a gifted scholar who uses sophisticated economic, legal and philosophical arguments to reexamine the fundamentals of antitrust law. Not content to accept the economists’ notion of maximizing efficiency, Professor Ayal shows that economists often ignore basic presumptions of property rights’ protection and fairness in their analyses. He argues that even monopolists have rights that require protection in any well-functioning legal regime, though those rights have limits. This book will challenge and perhaps frustrate those who think they know the answer to the question of how to balance the competing stakeholders’ interests under competition policy. What is undeniable is that the book will stimulate thoughtful debate and force analysts to face squarely hard questions that they have ignored. -- Dennis W. Carlton, David McDaniel Keller Professor of Economics, Booth School of Business, University of ChicagoTable of ContentsIntroduction Part I: The Setting of Antitrust 1 The Legal and Rhetorical Context of Antitrust I. The Development of Antitrust Law: Common Law Antecedents II. Competition Law in Europe: Between National and Community Goals III. Introducing the Goals of Antitrust: Fairness, Efficiency and Beyond IV. Terminology and Focus: What is meant by 'Monopolist' and which Rights are Assessed? Part II: The Goals of Antitrust 2 The Societal Goals of Antitrust I. The Efficiency Model of Antitrust II. Competition Beyond Efficiency: Between Proxy and Independent Goal III. Antitrust as Facilitating a Society of Entrepreneurs 3 Monopoly's Victims I. Consumers and their Centrality in the Fairness Discussion II. Antitrust as a Tool for Protecting Competitors III. Workers, Local Communities and Small Businesses: The Lost Classes of Antitrust 4 Monopolists' Rights I. Why the Verizon Case is Unhelpful: Baselines in Antitrust II. Who are the Monopolists? III. Monopoly Profit as a Property Right, or Competition as Creating Property? IV. Freedom of Contract V. The Role of Firms Part III: The Balancing Act of Antitrust 5 Towards a Constitutional Balance in Antitrust I. The Need for a Balancing Test II. Striking a Balance III. Boundaries to be Respected IV. Developing the Standard 6 Formalization of Fairness: Keeping Everyone Envy-Free I. The Framework of Envy-Freeness II. Complications and Extensions III. Implementation to Antitrust 7 The 'Clear and Present Danger' for Antitrust I. Protecting Monopolists' Market Access: The Logical Fallacy Argument II. Logical Fallacy or Balancing Act? Trade and Speech Compared III. The Balancing Test: Free Speech as a Guiding Force IV. Implementation to Antitrust V. Objections to the 'Clear and Present Danger' Standard VI. Answers to the Raised Objections VII. A Rebellious Thought Conclusion and Future Implementations

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Book SynopsisThis short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.Trade ReviewThis is an ambitious project by Geoffrey Samuel and one that hopefully exposes more scholars and students to the variety of methodological and theoretical approaches of comparative law and comparative legal theory…The potential methodological framework through the ten dichotomies in the concluding remarks provides an excellent road map for issues that researchers should keep in mind when embarking on a comparative legal theory project…For those who are in the target audience and are interested in questions about comparative law and legal theory, this text should be a welcome resource. -- Allyson C. Yankle * Law and Politics Book Review *This volume is...a recapitulation of the reflection carried out by one of the most renowned, critical and thoughtful scholars in the field...this book is certainly a must read. -- Emma Patrignani * The Rabel Journal of Comparative and International Private Law *The author provides a short introduction to various models by which law is conceptualised, mostly by works of jurisprudence and sociology of law, from the rule model to the system model, and the fundamental dichotomies dividing them, showing how problematic it is to subscribe to any of them. (...) As comparative law studies move onward, the map that Samuel unfolds on the table will have to be expanded, but without it much would not be known, understood or perhaps even noticed. -- Michele Graziadei * Zeitschrift fur Europaisches Privatrecht *Table of Contents1. Problems and Promises of Comparative Law 2. Asking the Right Question 3. What is ‘Comparison’? 4. Functional Method 5. Alternatives to Functionalism 6. Structural Method 7. Hermeneutical Method 8. What is ‘Law’ (1)? 9. What is Law (2)? 10. Paradigm Orientations

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Book SynopsisThis latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.Trade ReviewThis collection is welcome as it offers insights into the problems facing sentencers and penologists in taking past convictions into account -- Susan Easton * Criminal Law Review *The editors and contributors tackle a particularly thorny issue in this elegant 256-page text: Should an offender's previous convictions affect sentence?.. Professors Roberts and von Hirsch address with signal skill the question of just deserts and proportionality, the progressive loss of mitigation, the issues of first offender discounts.. and the question of deserved punishment when recidivism is demonstrated -- Judge G. Renaud * Criminal Law Quarterly (Volume 59) *the experiences, developments and points of view in other countries, as described in this book, are very valuable to us -- J.A.W. Lensing * Trema Straftoemetings bulletin *In Previous Convictions at Sentencing Roberts and Von Hirsch have brought together a selection of leading thinkers to illuminate an aspect of punishment theory and practice that has largely remained in the shadows despite its obvious importance. An attractive feature of the book, in addition to the thoughtful and penetrating analyses that it contains, is the vigorous exchange of views that takes place between its covers. The editors have not shied away from including perspectives that are at odds with their own, or from revising and reformulating their views, or indeed from finding fault with each other's conclusions. This internal dialogue helps to expose where further critical inquiry would yield the greatest return. -- Ian O'Donnell * Punishment & Society *Table of Contents1 Proportionality and the Progressive Loss of Mitigation: Some Further Reflections Andrew von Hirsch 2 First-Offender Sentencing Discounts: Exploring the Justifi cations Julian V Roberts 3 Recidivism, Retributivism, and the Lapse Theory of Previous Convictions Jesper Ryberg 4 Repeat Offenders and the Question of Desert Youngjae Lee 5 ‘More to Apologise For’: Can We Find a Basis for the Recidivist Premium in a Communicative Theory of Punishment? Chris Bennett 6 The Questionable Relevance of Previous Convictions to Punishments for Later Crimes Michael Tonry 7 Prior-conviction Sentencing Enhancements: Rationales and Limits Based on Retributive and Utilitarian Proportionality Principles and Social Equality Goals Richard S Frase 8 The Illusion of Proportionality: Desert and Repeat Offenders Kevin R Reitz 9 Dimensions of Criminal History: Refl ections on Theory and Practice Martin Wasik 10 The Role of Previous Convictions in England and Wales Estella Baker and Andrew Ashworth 11 Previous Convictions and Proportionate Punishment under Swedish Law Petter Asp 12 Assessing the Impact of a Recidivist Sentencing Premium on Crime and Recidivism Rates Lila Kazemian

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Book SynopsisLeniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ‘ … fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far … [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... ’Trade ReviewAnti-Cartel Enforcement in a Contemporary Age constitutes a very valuable volume. It challenges the too easily accepted assumptions concerning leniency and it explores many of the under-analysed questions relating to leniency’s place in the broader system of enforcement. It warrants a careful read of policy-makers, competition authorities’ officials and practitioners alike. -- Marek Martyniszyn * Concurrences *Profs Beaton-Wells and Tran assembled first-rate authors, and superbly structured the book's chapters, succeeding in making this book a must-read for both practitioners and scholars of the antitrust/competition. -- Toshiaki Takigawa * Symposium: Antritrust and Competition Policy Blog *...an interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement in the U.S., the EU, and in other jurisdictions. -- Spencer Waller * Symposium: Antritrust and Competition Policy Blog *...the 16 chapters [the book] comprises are not only uniformly excellent, but they raise the right questions...It should figure on the reading list of all competition law enforcers and practitioners. -- Damien Geradin * Symposium: Antritrust and Competition Policy Blog *Nothing can detract form the excellent job all the contributors and the editors do in critically discussing the practical issues of leniency programmes...The book is a strongly recommended purchase for all academics and practitioners interested in antitrust enforcement issues. -- Florian Wagner von Papp * Symposium: Antritrust and Competition Policy Blog *Kudos to the editors and authors of [this work] for producing such an interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement...Any practitioner, enforcement official, or academic involved or interested in cartel enforcement and the role of leniency will want to read this book. -- Spencer Weber Waller * World Competition Law and Economics Review *Table of ContentsPart I: Introduction 1. Leniency Policies: Revolution or Religion? Caron Beaton-Wells Part II: Leniency Convergence and Divergence 2. Leadership of Leniency Ann O’Brien 3. Leniency Policy with Chinese Characteristics Mark Williams Part III: Leniency and the Competition Authority 4. What do we know about the Effectiveness of Leniency Policies? A Survey of the Empirical and Experimental Evidence Catarina Marvão and Giancarlo Spagnolo 5. Anti-Cartel Enforcement in Japan: Does Leniency Make the Difference? Steven Van Uytsel 6. Leniency, Profiling and Reverse Profiling in Multi-Product Markets: Strategic Challenges for Competition Authorities Leslie M Marx and Claudio Mezzetti 7. A Case for Capping the Dosage: Leniency and Competition Authority Governance William E Kovacic Part IV: Leniency and the Corporation 8. Leniency Decision-Making from a Corporate Perspective: Complex Realities Andreas Stephan and Ali Nikpay 9. Leniency: The Poisoned Chalice or the Pot at the End of the Rainbow? Ian S Forrester and Pascal Berghe 10. Reconditioning Corporate Leniency: The Possibility of Making Compliance Programmes a Condition of Immunity Brent Fisse Part V: Leniency and the Individual 11. Leniency, Whistle-Blowing and the Individual: Should We Create Another Race to the Competition Agency? Maurice E Stucke Part VI: Leniency and Crime 12. Leniency and Criminal Sanctions in Anti-Cartel Enforcement: Happily Married or Uneasy Bedfellows? Christopher Harding, Caron Beaton-Wells and Jennifer Edwards Part VII: Leniency and Compensation 13. Why Leniency does not Undermine Compensation Daniel A Crane 14. Leniency and the Two Faces of Janus: Where Public and Private Enforcement Merge and Converge Laura Guttuso Part VIII: Leniency and Compliance 15. The Air Cargo Cartel: Lessons for Compliance Howard Bergman and D Daniel Sokol 16. Combining Leniency Policies and Compliance Programmes to Prevent Cartels Joe Murphy

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Book SynopsisThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.Trade ReviewThe range, depth and originality of the analysis of complex and intricate aspects of party autonomy in applicable law make this a must read for anyone engaged in research in this field. -- Paul Beaumont, University of Aberdeen and Jonathan Harris, King’s College, LondonThe book, that is comparative throughout, thus offers a lot to both European private law and PIL experts. -- Jan M Smits * Maastricht European Private Law Institute Blog *Table of Contents1. Introduction 2. Selection of the Applicable Law by Contract 3. The Scope of Party Autonomy 4. Independence of the Choice of Law Contract 5. Regulating the Choice of Law Contract 6. Agreement to Choose the Applicable Law 7. Formation of the Choice of Law Contract 8. Validity of the Choice of Law Contract 9. Conclusion

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Book SynopsisSince it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.Trade ReviewThe text of this important book is lucid and the interesting analysis - political, economic and legal - is clearly stated. The citations of legal and economic literature are well chosen. Professor Amato's perceptive thoughts on the differences between US and EC competition law and their philosophical development are warmly welcomed. Valentine Korah European Competition Law Review September 2002 ... this book is in my view essential reading for anybody interested in antitrust practice and policy Damien J. Neven Journal of World Trade Law September 2002 The book is well written and develops a number of challenging ideas in an accessible way...Its major strength is in the depth of the research and the copious references...As a concise history of antitrust laws, the book is indispensable. The ideas which it develops are challenging and serve as a valuable balance to the mass of economic analysis which purports to explain antitrust. Angus MacCulloch The Modern Law Review Vol 62, 1999Table of ContentsAntitrust - introduction; on the surface - the technical profiles; in the foundations - the dilemma of liberal democracy. Part 1 Technical profiles - the USA: protection of competition or of freedom or contract - from the common law to the Sherman Act, early years of the Sherman Act, prohibitions to protect market pluralism increase; today's subtle weapons - the Chicago School, evolution in the Supreme Court, trends in recent cases, the present position in summary. Part 2 Technical profiles - Europe: the heritage of history - Europe's industrial culture, the Freiburger Ordoliberalen School, early development of antitrust laws, antitrust in the European Community; "restrictive" agreements - the normative machinery, vertical agreements, horizontal agreements; abuse of a dominant position - "special responsibility", assessment of "dominant position", abuse as an "objective concept", individual types of abuse, in conclusion; prohibitions of dominant position - mergers - the ban and its limits, antitrust against public monopolies. Part 3 Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets - what remains?; the dilemma of liberal democracy - the dilemma of liberal democracy within the dilemma of efficiency, towards autonomy of European antitrust from other common policies, the global market and tomorrow's antitrust.

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Book SynopsisThis book provides a critical examination of the foreign policy choices of one typical small state, New Zealand, as it faces the changing global balance of power. New Zealand’s foreign policy challenges are similar with those faced by many other small states in the world today and are ideally suited to help inform theoretical debates on the role of small states in the changing international system. The book analyses how a small state such as New Zealand is adjusting to the changing geopolitical, geo-economic, environment. The book includes perspectives from some of New Zealand's leading as well as emerging commentators on New Zealand foreign policy. Table of ContentsFM.- Small Can Be Huge: New Zealand Foreign Policy in an Era of Global Uncertainty.- Part I: New Zealand foreign policy institutions and process.- The Urgent Versus the Important: How Foreign and Security Policy Is Negotiated in New Zealand.- The New Zealand Defence Force Role in New Zealand Foreign Policy.- Aid and Foreign Policy: New Zealand Development Assistance in the Pacific.- Small States in a New Era of Public Diplomacy: New Zealand and Digital Diplomacy.- Part II New Zealand's Bedrock Bilateral relationships.- Pragmatic Optimisation: Australia—New Zealand Relations in the 21st-Century.- New Zealand-US Relations in the Trump Era and Beyond.- A Strategic Partnership: New Zealand-China Relations in the Xi Jinping Era and Beyond.- Neighbours and Cousins: Aotearoa-New Zealand’s Relationship with the Pacific.- Like-Minded States: New Zealand–ASEAN Relations in the Changing Asia-Pacific Strategic Environment.- Escaping the UK’s Shadow: New Zealand and the European Union.- Dealing with a Proactive Japan: Reconsidering Japan’s Regional Role and Its Value for New Zealand’s Foreign Policy.- Russia Resurgent: The Implications for New Zealand.- Looking to the Future: Expanding New Zealand Foreign Relations Beyond Traditional Partnerships.- Part III: New Zealand and global governance.- Climate Change: Antarctic Geopolitics and the Implications for New Zealand Foreign Policy.- A Small State in the Global Commons: New Zealand’s Approach to Climate Change.- New Zealand’s Trade Policy.- Small States and International Organisations: New Zealand’s Diversifying International Engagement.- New Zealand and Disarmament: Where National and Global Interests Converge.- Part IV: Exploring all our options.- Meeting New Zealand’s Peace and Security Challenges Through Disarmament and Nonviolence.- Principled Small Nation or Stalwart Ally? New Zealand’s Independent Foreign Policy.- Small States and the Changing Global Order: What Small State Theory Can Offer New Zealand Foreign Policymaking.

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Book SynopsisThis open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.Trade Review"​Professor Nagy takes an important and detailed look at class and collective redress both inside and outside the European Union, providing useful insights to lawyers and policymakers in multiple jurisdictions. This text is a welcome addition to the literature on large-scale dispute resolution and should be required reading for scholars and practitioners around the world." Prof. S. I. Strong, Manley O. Hudson Professor of Law, University of Missouri"While many European jurisdictions have introduced some form of collective redress, most comparative academic studies focus on comparisons between legislative regimes. Class Actions in Europe is a refreshing compact analysis of the topic from a comparative, economic and trans-systemic perspective, focusing on key factors of the design of an effective collective redress regime. It is a must read for everyone who wants to obtain a better understanding of the European approach to collective claim resolution and of its economic implications and impediments."Prof. Ianika Tzankova, Professor of Law, Tilburg UniversityTable of ContentsIntroduction.- Why are collective actions needed in Europe: Small claims are not reasonably enforced in practice and collective actions ensure effective access to justice.- Major European objections and fears against the opt-out system: Superego, ego and ID.- Transatlantic perspectives: Comparative law framing.- European models of collective actions.- Conclusions.

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Book SynopsisThis book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field.While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.Table of ContentsIntroduction.- Plethora of Comparative Studies.- EU Conceptual Framework of Harmonisation: Setting the Scene.- Development of EU Competition Law Enforcement from an Historical Perspective: A Call for Harmonisation from the EU.- Institutional Framework of the National Competition Authorities in the Central and Eastern European Countries.- Harmonisation of Public Enforcement: Basic Powers of the National Competition Authorities, Sanctions, and Leniency Policies.- Harmonisation of Private Enforcement in the Central and Eastern European Countries.

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This book provides insight on the effect of political violence and transitional justice in Africa focusing on Zimbabwe and comparing it to Rwanda, Uganda and Mozambique. The case of Zimbabwe is unique since political violence observed in some areas has manifested as contestations for power between members of various political parties. These political contestations have infiltrated family/clan structures at the community level and destroyed the human and social relations of people. Also, the author examines an understanding of how communities in the most polarized and conflict-ridden areas in Africa are addressing their past. The project would appeal to graduate students, academics, researchers and practitioners as it will help them to understand African justice systems and the complex network of relationships shaping justice processes during transitions.

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Book SynopsisThis open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.Table of ContentsIntroduction.- Part I – The System of Governance of Insurance Undertakings.- Corporate Governance and the so-called “Four-Eyes Principle” .- The Risk Management System, the Risk Culture, and the Duties of the Insurers' Directors.- Role and Significance of the Compliance Function in an Insurance Undertaking.- Insurance Outsourcing: A Legal Analysis.- Remuneration Policies of Insurance Undertakings in Europe: Principles for a deeply Heterogeneus Reality.- Corporate Governance Standards for Insurers in Singapore.- Part II – Insurance Business and Corporate Law.- Recovery and Resolution of Insurance Companies and Director’s Duties.- Restructuring, Winding-Up & Portfolio Transfer of Insurance Companies in Distress.- Insurance in M&A Transactions.- The Algorithmic Future of Insurance Supervision in the EU: A Reality Check.- Financial Reporting in Insurance and International Financial Reporting Standards.- Recent Directions in the Regulation of Insurance Claims Handling in the United Kingdom and Australia: A Model for other Jurisdictions to Consider?.- Business Registration Data as the Best Vehicle to Achieve KYC and AML for Business .- The Influence of Public and Corporate Insurance Law on the Application of Private International Law. Selected Issues.

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Book SynopsisDer Tagungsband dokumentiert die Diskussion zentraler Probleme des am 6. Juni 1997 vom polnischen Parlament verabschiedeten Strafverfahrensgesetzbuches. Die Analyse der Gemeinsamkeiten und Unterschiede zwischen den Strafverfahrensgesetzbüchern der beiden Länder ist vor allem deshalb lohnend, weil die neue polnische Kodifikation zahlreiche Regelungen enthält, die zwar in Deutschland ebenfalls diskutiert bzw. praktiziert werden, in der Strafprozessordnung aber (noch) fehlen.Table of ContentsDie Stellung und die Aufgaben des Staantsanwalts im polnische Vorverfahren.- Auszüge aus der Diskussion.- Die Aufsicht des Gerichts über das Vorverfahren.- Auszüge aus der Diskussion.- Untersuchungshaft in polnischen Strafprozeß.- Auszüge aus der Diskussion.- Dei gerichtliche Kontrolle der Anklageschift.- Überblick über die wichtigsten Unterschiede zwischen einer Hauptverhandlung in Strafsachen in Polen und Deutschland.- Auszüge aus der Diskussion.- Bewisverbote im polnishen Strafprozeß.- Auszüge aus der Diskussion.- Konsensualverfahren im polnischen Strafprozeß.- Auszüge aus der Diskussion.- Die Stellung des Geschädigten im polnischen Strafverfahren.- Auszüge aus der Diskussion.- Die Kassation im System der Rechstbehelfe im polnischen Strafprozeß.- Auszüge aus der Diskussion.- Des polnische Strafbefehisverfahren im Vergleich mit dem deutschen Recht.- Auszüge aus der Diskussion.- Einstellung des Verfahrens aus sachlichrechtlichen Gründen.- Verzeichnis der Referenten und Diskussionsteilnehmer.

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Book SynopsisThis book is, with some adjustments and additions, largely based on my PhD thesis on Property Rights in Investment Securities and the Doctrine of Speci?city, which I defended in London on 15 June 2007 with Professor Lars Gorton and Dr. Kern Alexander as examiners. The subject matter is the doctrine of speci?city and its non-conformity with the developments in the ?nancial markets. As this book shows, the requirement for speci?city in book-entry securities is closely linked to loss allocation. If we decided that the rights that the investor has against its intermediary shall be property rights (as opposed to claims), then, loss allocation is crucial. Should the intermediary become insolvent and there be ins- ?cient securities, the shortfall has to be distributed. Through segregation on des- nated accounts the level of protection for the investor can be increased. It can also be increased by a requirement that the intermediary should hold a suf?cient number of securities corresponding to its customers' securities. During the course of this work I have received valuable assistance from s- eral persons, for which I am very grateful. First of all, I am indebted to Tekn. dr. Marcus Wallenbergs Stiftelse for .. utbildning i internationellt industriellt for .. etagande and For .. etagsjuridik Nord & Co for the ?nancial support they have provided.Table of ContentsThe New Order.- Developments of the Securities Markets.- The Use of Collateral in the Securities Markets.- Property Rights in Securities and the Doctrine of Specificity under English Law.- Property Rights in Securities and the Doctrine of Specificity under Swedish Law.- Property Rights in Securities and the Doctrine of Specificity under US Law.- Securities as Property.- Property Rights in Securities and the Doctrine of Specificity: A Comparative Analysis with an Outlook De Lege Ferenda.

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