Laws of specific jurisdictions and specific areas of law Books

Book SynopsisBeing one of the largest coastal States in the world, China’s marine legal system is significant in the overall development of the international law of the sea. This book focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996. It consists of five parts concerning, respectively, a general survey of China’s marine legal system, navigation and maritime security, marine resources management, marine environmental protection and marine scientific research. China’s basic marine laws and regulations are discussed and assessed in detail throughout the book. The book is of interest to lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in international law, international relations and ocean affairs.Table of ContentsPreface, Acknowledgements, I. Introduction, 1. Building a Marine Legal System in China: An Overview, II. Navigation and Maritime Security, 2. Navigation of Foreign Ships within China’s Jurisdictional Waters, 3. Innocent Passage for Foreign Warships, III. Marine Resources Management, 4. The Exclusive Economic Zone and Continental Shelf Regime, 5. Management of Marine Living Resources, 6. Management of Offshore Petroleum Development, 7. China’s Efforts in Deep Seabed Mining, IV. Marine Environmental Protection, 8. Legal Regime for Marine Environmental Protection, 9. Maritime Jurisdiction over Vessel-Source Pollution in the Exclusive Economic Zone, 10. Management of Marine Nature Reserves, V. Marine Scientific Research, 11. Marine Scientific Research and Foreign Cooperation, 12. Chinese on the Poles, Appendix. Selected Chinese Marine Laws, 1. Law on the Territorial Sea and the Contiguous Zone, 2. Law on the Exclusive Economic Zone and the Continental Shelf, Selected Bibliography.

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Book SynopsisThe five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus’ membership in the EU and the suspension of the acquis communautaire in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.Table of ContentsAcknowledgments, Introduction, Chapter I – The Independence of Cyprus, Chapter II – The Breakdown of the Bi-communal Republic, Chapter III – The Turkish Intervention and Turkey’s Continued, Presence in the Northern Part of Cyprus, Chapter IV – UN Efforts to Foster a Political Settlement 1975–1995, Chapter V – Cyprus as Candidate for EU Membership, Part VI – EU Accession Negotiations and Annan Plan I–III, Chapter VII – EU Accession and Annan Plan IV–V, Chapter VIII – Cyprus as EU Member State, Chapter IX – Relations between Cyprus and Turkey, Chapter X – Conclusion, Appendices, Bibliography, Table of Abbreviations, Index.

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Book SynopsisIn November 2005 Tilburg University hosted for the first time an international Colloquium on the European and National Perspectives of the Regulation of Gambling. The results of this exciting day are reflected in this book which brings together a wide range of perspectives from the contemporary debate surrounding the regulation of gambling markets within the context of the European Union. Not only does the book encompass both ends of the spectrum of the current discussion; it also brings together the perspectives of academics, lawyers and operators. The debate on the regulation of gambling has been gathering pace following a series of judgments of the ECJ. In 2006 gambling was excluded from the proposed Services Directive, and the European Commission commenced infringement proceedings against a handful of Member States regarding restrictions on the supply of sports betting services. Given these developments and being one of the very few publications concerned with this topic, this book will serve as a timely and valuable contribution for all those interested in this emerging and at times decisive debate.Table of ContentsPreface Cyrille Fijnaut; List of Abbreviations; Introduction – A View from the Outside Pierre Larouche; Gambling Policy – The EU Dilemma Peter Kerstens; Has the ECJ’s Jurisprudence in the Field of Gambling Become More Restrictive when Applying the Proportionality Principle? Alan Littler; A View of European Gambling Regulation from the Perspective of Private Operators Martin Arendts; State Licensed Lotteries and Toto Companies in the Legal and Political Debate in the European Union Tjeerd Veenstra; Dutch Gambling Law and Policy: An Untenable Parochial Approach Nick Huls; A British View of European Gambling Regulation David Miers; French and Belgian Views of the European Gambling Regulation Thibault Verbiest; Closing Remarks Sofie Geeroms; Appendix; About the Authors; Index.

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Book SynopsisThe book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. The administrative system of the European Union is described as a hybrid between a traditional national and an international administration. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included. Furthermore, in the analysis the administration is seen from the perspective of an individual Eurocrat, but, simultaneously, the overall institutional perspective is maintained by a focus on the effects of the special characteristics of the administrative practices on the efficiency and legitimacy of the administration.Table of ContentsChapter 1. Introduction Part I. Concepts, Theories, and Context of the EU Administration Chapter 2. The EU’s administration – a political hybrid between a national and an international administration; Chapter 3. Organizational Theories and the EU administration; Chapter 4. The EU Administration in Context Part II. Administration and Institutions of the European Union Chapter 5: Staffing the EU institutions; Chapter 6: The Commission – Organizational Structure, Processes and Culture; Chapter 7: The Council of Ministers – Organizational Structure, Processes and Culture; Chapter 8: Perspectives – Efficiency and legitimacy of the EU administration

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Book SynopsisAround the globe, ex ante evaluation of legislation has become an established rationalisation of legislative processes. Legislators, politicians, and the public at large increasingly demand new laws to have a particular effect and no unwanted side effects. Various instruments are being applied that all have in common that they must predict the effect of new legislation. Until now, most publications on regulatory impact assessment praise such instruments as being extremely useful. Scepticism, however, is in order as well. Is it not as difficult to predict the future effect of a new set of rules in our complex society as it is to predict where our society as a whole is going? The search for an answer to this sceptical question is at the heart of the book. The newly established Research Group for Methodology of Law and Legal Research at Tilburg University (the Netherlands) brought together some of Europe’s top specialists in the field of ex ante evaluation of legislation, with backgrounds in law, social science, political science, and law and economics. The result of their collaborative effort is a comprehensive and critical book on the pros and cons and on the opportunities, limitations, and challenges of ex ante assessment of legislation.Table of ContentsPreface and Acknowledgements Contributors Research Group for Methodology of Law and Legal Research Abbreviations Introduction 1. Ex Ante Evaluation of Legislation: An Introduction Jonathan Verschuuren and Rob van Gestel I Context of Ex Ante Evaluation 2. The Context of the Rise of Ex Ante Evaluation Patricia Popelier and Victoria Verlinden 3. Ex Ante Evaluation of Legislation Torn among its Rationales Pierre Larouche 4. The Politics of the Ex Ante Evaluation of Legislation Eberhard Bohne 5. Ex Ante Evaluation of Legislation: between Puzzling and Powering Robert Hoppe 6. Pushing Evaluation Forward. Institutionalization as a Means to Foster Methodological Growth of Legislative Ex Ante Evaluation Koen van Aeken II Ex Ante Evaluation in Practice 7. European Impact Assessment and the Choice of Alternative Regulatory Instruments Anne Meuwese and Linda Senden 8. National Experiences with General Forms of Ex Ante Evaluation of Legislation: The Cases of Germany and Sweden Sylvia Veit 9. Assessing the Accuracy of Ex Ante Evaluation through Feedback Research: A Case Study Rob van Gestel and Jan Vranken 10. Assessing Corporate Tax Reform: Incomplete Information and Confl icting Interests Henk Vording and Hans Gribnau Conclusions 11. Conclusions. A Conditional Yes to Ex Ante Evaluation of Legislation Jonathan Verschuuren and Rob van Gestel Index

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Book SynopsisThis is a new and substantially expanded edition of the author's 'Russian Commercial Law' (2001) which has become the standard resource in this area. Compared to the rather chaotic situation in the 1990s, the system of commercial law in Russia has stabilised in the 2000s. Blatant abuses have become less common with the Joint Stock Company Law amendments taking effect and the new Insolvency Law being enacted. The book represents a comprehensive and in-depth study of current Russian commercial law encompassing various areas, from Company law, Banking Law, Natural Resources Law to International Commercial Arbitration. A new chapter on Environmental Law was added in the light of its significance for major natural resources and infrastructure projects. With the expertise of the author who has been involved in Russian Law studies and practice for some decades, the book is intended both for practitioners who have dealings with Russia and for academics and students. Originally published in hardcover.Trade ReviewPraise for first edition: "...für jeden Juristen, der sich mit dem russischen Recht befasst, ob Einsteiger, Praktiker oder Wissenschaftler, bietet Russian Commercial Law von Hiroshi Oda eine empfehlenswerte Lektüre." – Dr.Hans Janus, in: WGO "...[i]t should be said that the book represents a much-needed and valiant attempt to explain to Anglophone readers a complex and confusing body of law." – Bernard Rudden, in: Electronic Journal of Comparative Law 7/1 (2003) "...Le volume qui nous est ici offert constitue, en réalité, la première étude globale portant sur la matière en langue anglaise. [...] Tout au long de son etude, l’auteur manifeste le même souci d’ordre, de précision et de clarté que dans ses travaux antérieurs, ainsi que la même volonté d’expliquer, au besoin par un bref rappel historique, les solutions du droit positif. Son mérite y est d’autant plus grande que, comme à l’accoutumée, il ne se contente pas d’exposer le droit «théorique», en se bornant à commenter les texts en vigueur, mais il cherche à montrer comment ce droit fonctionne en pratique et comment il est réellement mis en oeuvre. [...] Plus que toutes les manifestations de scepticisme, le regard serein et objectif que jette l’auteur sur la réalité contemporaine nous incite à garder confiance dans l’avenir." – Xavier Blanc-Jouvan, in: Revue Internationale de Droit ComparéTable of ContentsCHAPTER 1 – SOURCES OF LAW; CHAPTER 2 – THE SYSTEM OF SETTLING DISPUTES – INSTITUTIONS; CHAPTER 3 – BASIC PRINCIPLES AND RULES OF PRIVATE LAW; CHAPTER 4 – COMPANY LAW; CHAPTER 5 – INSOLVENCY LAW; CHAPTER 6 – GENERAL RULES OF THE LAW OF OBLIGATIONS; CHAPTER 7 – MEANS OF SECURING OBLIGATIONS; CHAPTER 8 – CONTRACT LAW; CHAPTER 9 – PROPERTY AND LAND LAW; CHAPTER 10 – TORT (OBLIGATIONS ARISING FROM CAUSING OF HARM) AND UNJUST ENRICHMENT; CHAPTER 11 – BANKING LAW; CHAPTER 12 – NATURAL RESOURCES LAW; CHAPTER 13 – ENVIRONMENTAL LAW; CHAPTER 14 – TAXATION; CHAPTER 15 – THE SYSTEM OF SETTLING DISPUTES – PROCEDURE; CHAPTER 16 – PRIVATE INTERNATIONAL LAW; INDEX.

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Book SynopsisCultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.Table of ContentsForeword: European Heritage and the Future of Europe  Krzysztof Pomian Acknowledgments List of Figures and Tables Abbreviations Table of Cases Table of Instruments Notes on Contributors Introduction  Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini Part 1: Europe, the European Union and the Concept of Cultural Heritage 1 Conceptions of a Shared, Common, or European Heritage in the Emerging Heritage Diplomacy of the European Union, 1973–92  Cynthia Scott 2 Common Cultural Heritage, the European Union, and International Law  Andrzej Jakubowski 3 Cultural Heritage and the EU: Legal Competences, Instrumental Policies, and the Search for a European Dimension  Evangelia Psychogiopoulou 4 The Single European Market and Cultural Heritage: The Protection of National Treasures in Europe  Michele Graziadei and Barbara Pasa 5 The ‘Right to Cultural Heritage’ in the European Union: A Tale of Two Courts  Mateusz Bieczyński Part 2: Cultural Heritage and the European Union’s Economic and Social Development 6 Exploring the Links between Culture and Development: New Challenges for Cultural Indicators in the European Union  Paola Monaco 7 The Financing of Cultural Heritage: A Value Based Approach  Arjo Klamer and Anna Mignosa 8 Cultural Heritage in the EU Trade Agreements: Current Trends in a Controversial Relationship  Francesca Fiorentini 9 Enhancing the Mobility of Collections in the European Union  Nout van Woudenberg 10 Cultural Heritage, Education and Research in the European Union  Alicja Jagielska-Burduk Part 3: Cultural Heritage and the European Union: New Frontiers 11 The Cultural Heritage of Minorities and Indigenous Peoples in the EU: Weaknesses or Opportunities?  Alexandra Xanthaki 12 Migration, Cultural Heritage, and Cultural Rights: A Critical Assessment of European Union Law and Policy  Alessandro Chechi 13 Intangible Cultural Heritage, Europe, and the EU: Dangerous Liaisons?  Hanna Schreiber 14 Cultural Heritage within the European Union’s External Relations: More than a Policy Objective?  Kristin Hausler 15 The Protection of Cultural Landscapes in the European Union  Amy Strecker 16 Digitization: Towards a European Cultural Heritage  Ewa Manikowska Final Conclusions  Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini Index

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Book SynopsisThis is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region’s constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region’s political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of `lawful devolution of sovereignty’ and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a `new constitutional discourse’ shaped by a Caribbean court of final appeal.

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Book SynopsisFrom the acclaimed biographer of Atatürk, a portrait of the Turkish people and their vibrant society today make this the authoritative work on modern Turkey.Trade ReviewMango's book is a masterful overview of this period in Turkey's history * Sunday Times *To his credit, modern Turkey's great champion never acts as its apologist ... He is also impressively up to date ... authoritative and illuminating * Sunday Times *A swift, potted history of the Turkish political roller coaster. * Financial Times *Andrew Mango gives excellent descriptions of [Ankara and Istanbul] ... he sees Turkey as a success story ... he writes with elegance and conciseness ... The result, at last, is a book that people on their way to Turkey can pick up and read on the plane ... [Turkey's] recent past deserves a proper, sympathetic examination, and a proper, well-informed book to make this possible. It has, at least, got one. * Literary Review *Andrew Mango knows Turkey well. * The Spectator *Andrew Mango's portrait of contemporary Turkey is probably the most successful general introduction to the country for several decades. * The Tablet *He paints a broad and accessible picture, shrewdly gleaned from his insider-outsider dual perspective ... The Turks Today unfolds as a balanced, coherent primer for serious travellers with an itch to read the hidden lie of the land, and for inquisitive general readers. * Scotland on Sunday *

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Book SynopsisSelected essays by Professor William Gordon on Roman law and Scots law.Table of ContentsPreface; Acknowledgements; ROMAN LAW: 1 Constitutum Possessorium; 2 Acquisition of Ownership by tradition and Acquisition of Possession; 3 Dating the Lex Aquilla; 4 The Actio de Posito Reconsidered; 5 Agency and Roman Law; 6 Observations on "Depositum Irregulare"; 7 The Importance of the iusta causa of tradition; ROMAN LAW AND SCOTS LAW: 8 Roman and Scots Law - the Conditiones si sine Liberis Decesserit; 9 The Interpretation of C 8.55.8; 10 Cinus and Pierre de Belleperche; 11 Roman Law in a Nineteenth Century Scottish Case: Gowans v Christie; 12 Servitudes, Scots Law and Roman Law; 13 Roman Quasi-delicts and Scots Law; 14 Risk in Sale - from Roman to Scots Law; SCOTTISH LEGAL HISTORY: 15 The Right of Women to Graduate in Medicine - Scottish Judicial Attitudes in the Nineteenth Century; 16 Property and Succession Rights; 17 George Joseph Bell - Law Commissioner; 18 Variation and Discharge of Land Obligations; 19 Stair, Grotius and the Sources of Stair's Institutions; 20 The Acts of the Scottish Lords of Council in the Late Fifteenth and Early Sixteenth Centuries: Records and Reports; 21 Balfour's Registrum; ROMAN LAW INFLUENCE: 22 Scotland and France. The Legal Connection; 23 A Comparison of the Influence of Roman Law in England and Scotland; 24 The Civil Law in Scotland; GENERAL INTEREST: 25 Scotland as a Mixed Jurisdiction; 26 European Legal History and the Europeanisation of Law; 27 Legal Tradition, with Particular Reference to Roman Law; 28 Bibliography; List of Cases; Index.

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Book SynopsisAn introduction to the European Union (the EU) which makes its institutions and processes more readily intelligible.Table of ContentsList of boxes; List of tables; List of maps; Introduction; Background Information; Section One: History; Introduction; 1. The drive for European unity to 1973; 2. From Community to Union 1973-1993; 3. Consolidating the European Union 1993 to the present day; 4. The movement to integration: a theoretical perspective; Section Two: Institutions; Introduction; 5. The institutions of the European Union; 6. The policy-making and law-making processes; 7. Democracy and the European Union; Section Three: Representation; Introduction; 8. Elections to the European Parliament; 9. Political parties and the European Union; 10. Pressure groups and the European Union; Section Four: Policies; Introduction; 11.The Union budget; 12. First pillar policies; 13. Second and third pillar policies; Section Five: Attitudes; Introduction; 14. Member states; 15. Britain and Europe: a case study; Conclusion: The state of the Union, past and present; Further reading; References; Index

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Book SynopsisAn introduction to the European Union (the EU) which makes its institutions and processes more readily intelligible.Trade ReviewThis up-to-date guide brings clarity and intelligibility not only to students but also potentially to professionals working in the EU. Times Higher Education This up-to-date guide brings clarity and intelligibility not only to students but also potentially to professionals working in the EU.Table of ContentsList of boxes; List of tables; List of maps; Introduction; Background Information; Section One: History; Introduction; 1. The drive for European unity to 1973; 2. From Community to Union 1973-1993; 3. Consolidating the European Union 1993 to the present day; 4. The movement to integration: a theoretical perspective; Section Two: Institutions; Introduction; 5. The institutions of the European Union; 6. The policy-making and law-making processes; 7. Democracy and the European Union; Section Three: Representation; Introduction; 8. Elections to the European Parliament; 9. Political parties and the European Union; 10. Pressure groups and the European Union; Section Four: Policies; Introduction; 11.The Union budget; 12. First pillar policies; 13. Second and third pillar policies; Section Five: Attitudes; Introduction; 14. Member states; 15. Britain and Europe: a case study; Conclusion: The state of the Union, past and present; Further reading; References; Index

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Book SynopsisThis volume concerns the rights and obligations of the individual in three critically important contexts: employment relations, family relations and the ownership of immovable property. The development of these legal institutions has helped to transform economic and social relations in contemporary China. In this volume, the articles illustrate firstly a shift away from close state control towards greater freedom for enterprises to use human and natural resources to achieve economic growth and for citizens to pursue their personal lives. More recently, the government has responded to public demands for greater security in employment, home ownership and agricultural land rights with new primary legislation, including the Employment Contract Law and Property Rights Law. Yet, as this volume also shows, the Communist Party has been reluctant to allow empowerment of the individual to threaten other public policy goals, such as the state''s ultimate control over the conditions of employment Table of ContentsContents: Introduction; The latest developments in the codification of Chinese civil law, Zhang Lihong; Making Chinese labor law work: the prospects for regulatory innovation in the People's Republic of China, Sean Cooney; Measuring progress under China's labor law: goals, processes, outcomes, Hilary K. Josephs; China's new labour contract law: responding to the growing complexity of labour relations in the PRC, Sean Cooney, Sarah Biddulph, Li Kungang and Ying Zhu; From contracts to compliance? An early look at implementation under China's new labor legislation, Virginia E. Harper Ho; Re-examining the impact of the 1950 marriage law: state improvisation, local initiative and rural family change, Neil J. Diamant; Shaping citizenship: Chinese family law and women, Margaret Y.K. Woo; Law, development, and the rights of Chinese women: a snapshot from the field, Margaret Y.K. Woo; Transforming family law in post-Deng China: marriage, divorce and reproduction, Michael Palmer; Routinization of divorce law practice in China: institutional constraints' influence on judicial behaviour, Xin He; Land disputes, rights assertion, and social unrest in China: a case from Sichuan, Eva Pils; Securing land rights for Chinese farmers: a leap forward for stability and growth, Zhu Keliang and Roy Prosterman; China's (post-)socialist property rights regime: assessing the impact of the property law on illegal land takings, Matthew S. Erie; Chinese property law as an image of PRC history, Eva Pils; The new Chinese property rights law: an evaluation from a continental perspective, Gebhard M. Rehm and Hinrich Julius; Name Index.

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Book SynopsisThe Essential Guide to the Use of Land and Buildings under the Planning Acts is the definitive handbook explaining the legal rules governing the use of land and buildings as well as material changes of use.The text first sets out the rules that apply to the use of land generally and to material changes of use. It then explains the provisions of the Use Classes Order in detail. Chapters are also included on Permitted Changes of Use, Unlawful Uses and Lawful Use Certificates, including how to apply for a certificate as well as the procedure for appealing against the refusal of an LUC application.The book, written by renowned planning law author and blogger Martin Goodall, brings all this together in a convenient and accessible work of reference that will prove invaluable for all for all planning and property professionals.

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Book SynopsisThe fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments.The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforceTrade Review‘This book provides students with a comprehensive and detailed understanding of all aspects of European Union law. It is clear and accessible and has incorporated the most recent changes to this fast-moving and challenging area of the law. It is a must read for all students of the subject.’ Damian Mather, Senior Lecturer, Manchester Law School. ‘European Union Law fills a niche in the market, having an accessible writing style at the same time as being explanatory, evaluative, thorough and up to date. An essential text facilitative of students’ engagement with, and understanding of, a relevant and evolving subject.’ Diane Ryland, Senior Lecturer, University of Lincoln. Table of Contents1. THE HISTORY OF EUROPEAN INTEGRATION 2. MEMBERSHIP OF THE EU 3. THE INSTITUTIONAL FRAMEWORK OF THE EU 4. SOURCES OF EU LAW 5. LEGISLATIVE PROCEDURES IN THE EU 6. COMPETENCES OF THE EU 7. THE COMMON FOREIGN AND SECURITY POLICY (CFSP): A COMPONENT OF EU FOREIGN ACTION 8. PROTECTION OF FUNDAMENTAL RIGHTS IN THE EU 9. SUPREMACY OF EU LAW 10. DIRECT EFFECT OF EU LAW 11. INDIRECT OR INTRPRETATIVE EFFCT OF EU LAW Indirect or Interpretative Effect of EU LAW 12. DIRECT APPLICABILITY OF EU LAW 13. THE PRINCIPLE OF STATE LIABILITY FOR BREACH OF EU LAW 14. PRELIMINARY RULINGS: ARTICLE 267 TFEU 15. ENFORCEMENT OF EU LAW – ACTIONS AGAINST MEMBER STATES 16. DIRECT ACTIONS AGAINST EU INSTITUTIONS, BODIES, OFFICES OR AGENCIES - PART I Articles 263, 277 and 265 TFEU 17. DIRECT ACTIONS AGAINST EU INSTITUTIONS, BODIES, OFFICES OR AGENCIES - PART II Action for damages: non-contractual liability of the European Union under Article 340(2) TFEU 18. AN INTRODUCTION TO THE INTERNAL MARKET OF THE EU DUTIES AND CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES (CEEs) 19. ABOLITION OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES (CEEs) 20. PROHIBITION OF DISCRIMINATORY INTERNAL TAXATION 21. PROHIBITION OF QUANTITATIVE RESTRICTIONS (QRs) AND MEASURES HAVING EQUIVALENT EFFECT ON IMPORTS AND EXPORTS (MEQRs) ARTICLES 34 AND 35 TFEU 22. DEROGATIONS FROM ARTICLES 34 AND 35 TFEU LISTED IN ARTICLE 36 TFEU, AND JUSTIFICATIONS BASED ON MANDATORY REQUIREMENTS 23. CITIZENSHIP OF THE EU 24. FREE MOVEMENT OF WORKERS 25.THE RIGHT OF ESTABLISHMENT AND THE RIGHT TO SUPPLY AND RECEIVE SERVICES 26. EXCEPTIONS TO THE FREE MOVEMENT OF PERSONS 27. INTRODUCTION TO EU COMPETITION LAW 28. ARTICLE 101 TFEU 29. ARTICLE 102 TFEU 30. MERGER CONTROL 31. ENFORCEMENT OF ARTICLES 101 AND 102 TFEU 32. THE AREA OF FREEDOM, SECURITY AND JUSTICE (AFSJ)

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Book SynopsisOn the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.Table of ContentsSeminal Judgments (les Grands Arrets) in the Case Law of the European Court of Justice Burkhard Hess La confiance mutuelle, fondement et temoignage de la valeur de l’Union europeenne Camelia Toader De l’encadrement de l’ordre public procedural des Etats membres a l’ordre procedural autonome de l’Union Marek Safjan et Dominik Dusterhaus EU Private International Law: Consistency of the Scopes of Application and/or of the Solutions Maciej Szpunar Le « regime Bruxelles » dans le droit europeen de la procedure civile Marta Requejo Isidro The Shift from a Choice of Law-Centred Approach to a Civil Procedure Standpoint Sabine Corneloup The Contribution of ‘Brussels I’ to the Process of EU Integration: a True Trailblazer for the Europeanization and Constitutionalization of Private International Law Johan Meeusen The Application of the European Law of Civil Procedure in the Dialogue Between the CJEU and the National Judges Henrik Saugmandsgaard Oe The Dialogue on the European Law of Civil Procedure between the Court of Justice and National Courts from a German Perspective Wolfgang Hau European Civil Procedure and the Dialogue between National Courts and the European Court of Justice Xandra Kramer & Jos Hoevenaars L’autonomie procedurale dans la jurisprudence de la Cour de justice de l’Union europeenne – Reflexions naives d’un Huron au Palais du Kirchberg Loic Cadiet La Charte des droits fondamentaux et les nouvelles frontieres de l’autonomie procedurale des Etats membres L’exemple du droit europeen de la procedure civile Michail Vilaras The Brussels Convention: 50 Years of Contribution to European Integration Fausto Pocar Delendum est Forum Delicti? Towards the Jurisdictional Protection of the Alleged Victim in Cross-Border Torts Etienne Farnoux CJEU Case-Law and Forum Connexitatis: an Analysis of the Close Connection Criterion Lucilla Galanti Cross-border Collective Redress and the Jurisdictional Regime: Horizontal vs Sectoral Approach Cinzia Peraro Your Place? Mine? Or Theirs? A Legal and Policy-orientated Analysis of Jurisdiction in Cross-Border Collective Redress Stephanie Law Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? Janek Tomasz Nowak Casting the Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework Fit for the Internet Age? Tobias Lutzi Encoding Justice: A Quest for Facilitating Access to Justice by e-Handling of Cross-Border Litigation. The Example of the European Uniform Procedures Elena Alina Ontanu Trust, but Verify. Loss of Mutual Trust as a Ground for Non-Recognition in the Area of Freedom, Security and Justice. Example of the Judiciary Crisis in Poland Zuzanna Witek

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Book SynopsisThis book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.Table of ContentsI - Keynote Address 1. Prescriptive Acquisition of Easements: Abolition or Reform? Stuart Bridge II - Land Registration 2. Forgery and Alteration of the Register under the Land Registration Act 2002 David Fox 3. Registration of Invalid Dispositions: Who Gets the Property? Pamela O’Connor 4. Toward an Ecologically Sustainable Property Concept Murray Raff III - Law and Equity 5. Personal Liability for Receipt of Trust Property: Allocating the Risks Gary Watt 6. Co-Owners and Equitable Accounting: A Comparative Commonwealth Analysis Heather Conway 7. Allcard v Skinner Revisited: Historical Perspectives on Undue Influence Charlotte Smith 8. Charges, Possession and Human Rights: A Reappraisal of S 87(1) of the Law of Property Act 1925 Sarah Nield 9. Re Goldcorp Exchange Ltd Revisited Paul Eden IV - Leaseholds and Commonholds 10. The Regulation of Long Residential Leases Martin Davey 11. Commonhold—A Critical Appraisal Cornie van der Merwe and Peter Smith V - Property in Europe 12. The Notion of Real Estate and Rights Pertaining to it in Selected Legal Systems Stanislawa Kalus and Magdalena Habdas 13. Reaching a Balance: Addressing Property Issues in Post-Conflict Societies Sarah Williams VI - Property Worldwide 14. Tensions of Modernity: Law in Developing Land Markets Patrick McAuslan 15. Formalisation of South African Communal Land Title and its Impact on Development Hanri Mostert and Juanita Pienaar 16. “Taking” Liberties: Protections for Private Property in Canada Bruce Ziff 17. Property Theory and the Transformation of Property Law Andre van der Walt

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Book SynopsisA Comprehensive Introduction to Employment Law in the UK

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Book SynopsisA vital collection of speeches from one of the leading contemporary judicial thinkers in the Caribbean.

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Book SynopsisWritten in a clear and direct style, each chapter offers a detailed treatment of a particular topic, explaining key principles and concepts and illustrating their development through significant case law. Extensive references assist in guiding research and further reading. Part One outlines the historical development of the EU Treaties from their origins to the present day, including detail on Ireland's accession and approach to the various amending treaties. The role and functions of the main EU institutions are explained in Part Two, while Part Three develops an understanding of the sources of EU law, EU competence, supremacy, direct effect and national procedural autonomy. The various legal remedies available as against Member States for failing to adhere to EU law, or the EU for breaching legal principles, are detailed in Part Four. Part Five deals with the Internal Market, the Customs Union and the free movement of goods, services and establishment. Citizenship and the free movement of persons are explained in Part Six, while Part Seven covers the free movement of capital and Economic and Monetary Union, with an emphasis on Irish perspectives of EMU.Table of ContentsPART ONE Chapter 1: Origins of the European Union, 1944-1973 Chapter 2: Development of the EU Treaties, 1974-2003 Chapter 3: Treaty on European Union and Treaty on the Functioning of the European Union PART TWO Chapter 4: European Council Chapter 5: Council of the European Union Chapter 6: European Commission Chapter 7: European Parliament Chapter 8: Court of Justice of the European Union PART THREE Chapter 9: Competence Chapter 10: Sources of Law Chapter 11: Direct Effect of Primary EU Law Chapter 12: Direct and Indirect Effect of Secondary EU Law Chapter 13: Supremacy of EU Law Chapter 14: Procedural Autonomy and Effective Judicial Protection PART FOUR Chapter 15: Enforcement Actions against Member States Chapter 16: Actions against the EU PART FIVE Chapter 17: Internal Market Chapter 18: Customs Union and Common Commercial Policy Chapter 19: Free Movement of Goods Chapter 20: Defences to Restrictions on Free Movement of Goods Chapter 21: Freedom to Provide and Receive Services Chapter 22: Freedom of Establishment PART SIX Chapter 23: Free Movement of Workers Chapter 24: EU Citizenship PART SEVEN Chapter 25: Free Movement of Capital Chapter 26: Economic and Monetary Union

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Book SynopsisThe traditional approach to sports governing bodies has been to view them as autonomous and private associations and thus immune from the intervention of the law. This view does not reflect the reality. Sport is an industry which accounts for around three percent of the European Union's (EU) Gross Domestic Product (GDP). A number of recent scandals at international level including, the International Association of Athletics Federations (IAAF) and corruption and extortion in the wake of widespread doping of Russian athletes and the Federation Internationale de Football Association (FIFA) and the indictment of a number of officials on charges of racketeering and money-laundering. At a national level, the Olympic Council of Ireland (OCI) and its former President, Pat Hickey were the subject of a nonstatutory inquiry following the incarceration of Hickey in a Rio prison for allegedly touting Irish allocation tickets. The Irish Athletic Boxing Association (IABA) and the resignation of Billy Walsh, the head coach of the high-performance unit culminated in a meeting of the Joint Committee on Transport and Communications. These scandals have highlighted the importance of good governance and as a corollary the need for public confidence to be restored. The law has a role to play, however, the extent of its involvement has been the subject of academic discourse. Sport and the Law identifies the main legal concepts and draws on case law and legislation from Ireland and adopts a comparative methodology as it examines other jurisdictions including England and Wales, Canada and Australian. It covers topics including: Sports governance at domestic and international level; Sports law or sport and the law, the extent to which the law should involve itself in sporting matters, sources of law and the definition of a sport with a discussion of the recent Court of Justice of the European Union's (CJEU) decision in the case of The English Bridge Union Limited v Commissioners for Her Majesty's Revenue & Customs; Violence in sport and the application of the criminal law with a focus on the GAA, Ice Hockey and the response of the Canadian authorities and courts, boxing and Mixed Martial Arts (MMA); Civil liability and sport and its application to participants, referees, medics and coaches; Drugs in Sport: the Irish Sport Anti-doping rules and decisions of the Irish Sport Anti-Doping Disciplinary Panel, the GAA and doping, the World Anti-Doping Agency (WADA) and technological doping; Eligibility issues: athletes with differences of sex development, gender testing and transgender athletes; Commercial issues and sport: athletes as employees and independent contractors, contract law and its application to sports persons, the role of sponsorship, broadcasting rights, image rights, merchandising and the law of agency; Judicial review and sporting bodies; Alternative Dispute Resolution: The Disputes Resolution Authority (DRA), Just Sport Ireland (JSI), Sport Dispute Resolution Centre of Canada and Sport Resolutions UK and the Court of Arbitration for Sport; The impact of the European Union (EU) on sport: the free movement of sports persons, and the role of EU competition law including the European Commission decision regarding the eligibility rules of the International Skating Union (ISU); Child protection and sport: legislative and non-legislative provisions; Judicial review and sporting bodies; Animals in Sport: the decline of blood sports in the nineteenth century to the current involvement and modern regulation of animals in sport, including horseracing, fox hunting and greyhound racing and doping in equestrian sports with a discussion on the recent CAS arbitral award in the case of Lyle and Blythe v Federation Equestre Internationale (FEI) in relation to the FEI policy of provisionally suspending horses for two-months on the grounds of animal welfare and ensuring a level playing field.Table of ContentsIntroduction Chapter 1: Sports Governance Chapter 2: Sports Law or Sport and the Law? Chapter 3: Criminal Liability and Sport Chapter 4: Civil Liability and Sport Chapter 5: Drugs in Sport Chapter 6: Eligibility Issues: Athletes with Differences of Sex Development, Gender Testing and Transgender Athletes Chapter 7: The Law of Contract and Sport Chapter 8: Employment Law and Sport Chapter 9: Commercial Issues in Sport Chapter 10: Judicial Review and Sporting Bodies Chapter 11: Alternative Dispute Resolution Chapter 12: European Union Law and Sport Chapter 13: Child Protection in Sport Chapter 14: Animals in Sport

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Book SynopsisThis second edition is fully revised, expanded and updated to include all recent developments in Irish defamation law. It contains analysis of all the elements of the tort of defamation, defences to a defamation action, damages and other reliefs, the application of human rights law in the context of defamation, the application of practice and procedure rules in defamation cases and a body of useful precedents. This new edition includes: • An in-depth analysis of the important recent developments in relation to damages in defamation cases both in the Irish courts and the European Court of Human Rights including the Supreme Court decision in McDonagh v Sunday Newspapers Ltd and the ECHR decision in Independent Newspapers (Ireland) Ltd v Ireland; • An examination of the statutory ‘offer to make amends’ defence and the approach and role of both the judge and jury including the Supreme Court decision in Higgins v Irish Aviation Authority ; • An examination of the application of defamation actions in relation to social media publications and other forms of internet communications; • An exploration of possible reforms of Irish defamation law, the pitfalls and challenges that lay ahead. Defamation: Law and Practice , Second Edition provides an in-depth analysis and comprehensive coverage of defamation law in Ireland including substantive and procedural law and is Ireland’s leading text on defamation law having been cited several judgments in the superior courts in IrelandTable of ContentsChapter 1: Introduction to Irish Defamation Law Part I: The Elements of the Tort of Defamation Chapter 2: Publication Chapter 3: Meaning Chapter 4: Identification Part II: Defences in a Defamation Case Chapter 5: Truth Chapter 6: Honest Opinion Chapter 7: Absolute Privilege Chapter 8: Qualified Privilege Chapter 9: Defences for Public Interest Publications Chapter 10: Miscellaneous Defences Part III: Available Reliefs Chapter 11. Damages Chapter 12: Alternative Forms of Relief Part IV: Practice and Procedure Chapter 13. Practice and Procedure Appendix: Precedents

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