Laws of specific jurisdictions and specific areas of law Books

Book SynopsisThe FIDIC (Fédération Internationale des Ingénieurs-Conseils) forms of contract are used extensively throughout the world to further the aims of the construction industry at large. In both the developed and the developing world they play a crucial role in ensuring that project objectives are satisfactorily achieved.The FIDIC Quick Reference Guide: Silver Book provides commentary on the FIDIC Silver Book: FIDIC Conditions of Contract For EPC/Turnkey Projects, which is suitable for a process or power plant, a factory or similar facility, or an infrastructure project or other type of development, if a higher degree of certainty of final price and time is required and the Contractor takes total responsibility for the design and execution of the project. The book is a valuable tool for practitioners who are either preparing or using the contract form, as it directs the user through the various cross-referenced sub-clauses.Rather than solving a problem afte

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Book SynopsisGood Government? Good Citizens? explores the evolving concept of the citizen in Canada at the beginning of this century. Three forces are at work in reconstituting the citizen in this society: courts, politics, and markets. Many see these forces as intersecting and colliding in ways that are fundamentally reshaping the relationship of individuals to the state and to each other.How has Canadian society actually been transformed? Is the state truly in retreat? Do individuals, in fact, have a fundamentally altered sense of their relationship to government and to each other? Have courts and markets supplanted representative politics regarding the expression of basic values? Must judicialized protection of human rights and minority interests necessarily mean a diminished concern for the common good on the part of representative politics? To what extent should markets and representative politics maintain a role in the protection of human rights and minority interests? WillTrade ReviewIn Good Government? Good Citizens? W.A. Bogart provides a thoughtful analysis of the drama of social and political change in Canada over the last several decades. -- Mike Hogeterp * The Catalyst, Summer 2006 *Bogart offers an important thesis about the power of judges and rights that demands further inquiry both in Canada and elsewhere in the West. -- Richard A. Brisbin, Jr., Dept of Political Science, West Virginia University * Law and Politics Book Review *Any reader who would cares about the future of democracy in Canada would do well to read this broad-ranging and thought-provoking book. -- Miriam Smith, Department of Political Studies, Trent University * Canadian Public Policy, vol. XXXII. No. 1, 2006 *Table of ContentsAcknowledgmentsIntroductionPart 1: The Society that Was1 Before the TransformationPart 2: Courts, Politics, and Markets in a Society in Transition2 The Ascendance of Courts3 Representative Politics in Disarray4 Chasing Choice: The Market AboundingPart 3: Some Examples of a Changing Canada5 Aboriginals: Two Row Wampum, Second Thoughts, and Citizens Plus6 Citizens in Cyberspace: The Internet and Canadian Democracy7 The Youngest Citizens and Education as a Public Good?8 Evermore Citizens Who Are Senior: An Ageing Canada Conclusion: "The Dance of Adjustment"NotesIndex

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Book SynopsisFishing rights are one of the major areas of dispute for aboriginals in Canada today. Dianne Newell explores this controversial issue and looks at the ways government regulatory policy and the law have affected Indian participation in the Pacific Coast fisheries.For centuries, the economies of Pacific Coast Indians were based on their fisheries. Marine resources, mainly salmon, were used for barter, trade, ceremony, and personal consumption. This pattern persisted after the arrival of European and Asian immigrants, even during the first phases of the non-Indian commercial fishing industry when Indian families were depended upon for their labour and expertise. But as the industrial fishery grew, changes in labour supply, markets, and technology rendered Pacific Coast Indians less central to the enterprise and the aboriginal fishery became legally defined as food fishing. By the late 1960s, rigid new licence limitation policies were introduced and regulations transformed tTrade Review'Tangled Webs of History is a superb example of multidisciplinary analysis that broadens our understanding of the complex links between cultural, economic, and environmental history.' -- Richard W. Judd Business History Review 'A thoroughly-researched and carefully-constructed account of long-standing questions about the rights of aboriginal persons in British Columbia and their attempts to secure legal recognition of and protection for these rights.' -- Judith Ball Bruce, University of California, Berkeley International Journal of Maritime History 'This work is essential reading for educators in the fields of history, anthropology, and Native studies. It would also be profitably read by Native-rights advocates and adversaries. In particular, those with an interest in the commercial fishery, regardless of their biases, would find Newell's work insightful.' -- Daniel L. Boxberger American Review of Canadian Studies 'Whatever the future may hold for Aboriginal peoples in Canada's Pacific coast fisheries, Newell's book will certainly contribute to a better understanding of the history of the fisheries for all peoples who are concerned about and interested in these matters.' -- Victor P. Lytwyn American Indian Quarterly 'Newell succeeds wonderfully in demonstrating how the continual interplay among and between executive, legislative and judicial powers of the state affects a resource and the people who depend upon it, particularly as this interplay is shaped by ethnic and industrial capitalist interests ...[Newell has provided an important study, one that clearly articulates the context and processes framing the key issues in current directions of the definition and expression of Native rights, both within the British Columbia fisheries and in the many other settings where these issues are being addressed.' -- Leslie Jane McMillan and Anthony Davis Canadian Review of Sociology and Anthropology

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Book SynopsisThis new work by Margaret E. Beare and Stephen Schneider brings empirical evidence to the study of money laundering in Canada a topic that has recently assumed an international profile.

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Book SynopsisAsserting that litigation in late imperial China was a form of documentary warfare, this book offers a social analysis of the men who composed legal documents. Litigation masters emerge as central players in many of the most scandalous cases in 18th- and 19th-century China.Trade Review"A fascinating account. . . . [Macauley] has put forth sophisticated arguments which will guide the next round of archival discoveries in Chinese legal and social history." -- Eighteenth-Century Studies"Macauley's book will be important reading for those who want to understand both the stereotypes and the realities of legal culture of imperial China. It is wonderfully rich in archival material, and its treatment of case materials constitutes document reading at its very best." * American Historical Review *"This work pushes the reader to move beyond interpretive clichés to consider new ways of looking at Qing law, legal institutions, and judicial administration, and Macauley has broadened the methodological and interpretive approaches to all three." * China Review International *Table of ContentsIntroduction: legal culture and historical change 2. Statecraft legalism and administrative despair 3. Mechanics of litigation mastery: who, where, how 4. A clientele empowered 5. The disputation of the body snatchers: judicial depravity and legal culture 6. Entrepreneurs of power: land, lineage, and litigation mastery on the Southeast coast 7. Trickster tales: cunning power and the invocation of an alternative male ideal Conclusion: 'lawyer' bashing and litigation loathing Appendix Notes References Index.

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Book SynopsisSince 1979, China has been building new legal institutions made necessary by economic reforms that have reduced the role of state planning, and by the decline of Maoist totalitarianism. This book analyzes the principal legal institutions that have emerged and assesses the prospects for increasing the rule of law in China.The book first establishes the cultural and institutional context in which legal reforms take place. It traces the main features of pre-Communist Chinese legal tradition, the drastic impact on law of thirty years of Maoist rule, and the extensive changes throughout Chinese society since Mao's death, notably the rise of the local party-state at the expense of central government power. The book's analysis begins with the Chinese leadership's policy toward law, identifying basic ambivalence toward law that makes the Chinese commitment to legality incomplete. It then surveys major developments, emphasizing the creation of new rights, revision of criminal law and Trade Review"Lubman has succeeded in providing an excellent overview of the current state of China's legal system and highlighting the key issues faced by the leadership of China as it contemplates the future." -- China Review International"Bird in a Cage is the end product of rich first-hand experience, careful reflection, and serious scholarship." -- Journal of Legal Information"Lubman's book brings together a life-time of research and practice on chinese law to make it a vibrant and fascinating subject. . . . This wise and insightful book will be valuable not only for those interested in doing business in China but also for those seeking to understand Chinese civilization."Foreign Affairs"Magesterial. . . . Few are better qualified to discuss law in China than Lubman. . . . This lucid book shows how far China must go to build even the most basic institutions." -- Business Week"Lubman has been a major force in the academic and practical discourses of Chinese legal studies for most of the history of the PRC. . . . This is a masterful study . . . a major contribution to our understanding of the PRC legal system." -- China Quarterly"This is an important book, which is already well on its way to becoming a classic." -- China Perspectives"Bird in a Cage is an exploration of China's modern pursuit of legal reform and institution building. The product of nearly 30 years of Lubman's rich experience as a teacher, writer, and adviser, this uniquely insightful study is invaluable for legal scholars, lawyers, and law students wanting to understand Chinese attitudes toward law. More of a series of related essays than a textbook on Chinese law per se, it is also a wonderful reference book. . . . The book should also appeal to students of China more broadly. . . . In sum, Stanley Lubman's Bird in a Cage provides a veritable feast of fact, analysis, and insight for anyone seeking to understand and engage modern China." -- The China Business Review"This is a splendid book that should be read carefully by anyone interested in Chinese legal affairs and Chinese society more broadly. It reflects a lifetime's thoughtful acquaintance with and sympathetic understanding of the intricacies of Chinese law and life." -- William P. Alford * Harvard Law School *Table of ContentsList of tables; Preface; Abbreviations; 1. Introduction: understanding China through Chinese law; 2. Eye at the telescope or face in the mirror? Approaching Chinese law; 3. Law under Mao, I: mediation; 4. Law under Mao, II: law as administration; 5. Foundation: economic reform and a new role for law; 6. First steps: legalizing the state, reinventing lawyers, regularizing the criminal process; 7. Creating a legal framework for economic reform; 8. Mediation after Mao; 9. The courts under reform; 10. Conclusion; Notes; Index.

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Book SynopsisThis is a broad history of the western European legal tradition. The author examines the common law of Europe, the ""ius commune"", and its influence on the ""ius propria"", the laws of everyday life. He argues that as Europe's economic borders crumble, it is time for a new common law.

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Book SynopsisFirst full edition of a crucial source for knowledge of the period.The eyre roll is a major source of information about medieval life, ranging from local courts and land tenure through town customs and the status of women to general neighbourliness. This is especially important for Northumberland, where constant border raiding was detrimental to the accumulation of local records. The survival of the Northumberland Eyre Roll for 1293, recording over eleven hundred law suits, provides a rare glimpse of the county (togetherwith information on Lancashire, Westmorland and Cumberland) on the eve of the outbreak of the Anglo-Scottish wars; as only brief extracts from the roll have been published previously, this full edition will be warmly welcomed. Thetext is accompanied by notes and a subject index providing a full guide to topics of special interest. CONSTANCE FRASER is a retired lecturer.Trade ReviewThere is much here for the social and economic historian. * THE MEDIEVAL REVIEW *The amount of work which goes into the production of so long a translated and indexed text is prodigious, and we are all much in Dr Fraser's debt. * NORTHERN HISTORY *Table of ContentsIntroduction Pleas of juries and assizes Pleas of various counties Pleas of quo warranto and ragman Essoins Pleas Roll of attorneys and pledges The mayorality of Newcastle upon Tyne Fines and announcements Index

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Book SynopsisThe debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules.Trade Review'This is a remarkably ambitious work of scholarship. What can "Europe" bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise "Europe"? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe.' -- Stephen Weatherill, Somerville College, Oxford, UKTable of ContentsContents: 1. Introduction Fabrizio Cafaggi and Horatia Muir-Watt PART I: DIFFERENT FACETS OF MARKET INTEGRATION 2. Multilevel Europe and Private Law Giuliano Amato 3. Harmonizing Civil Litigation in Europe? Michele Taruffo 4. European System of Private Laws: An Economic Perspective Wolfgang Kerber 5. The Impact of EU Enlargement on Private Law Governance in Central and Eastern Europe: The Case of Consumer Protection Antonina Bakardjieva Engelbrekt 6. Governance Design for European Private Law: Lessons from the Europeanization of Competition Law in Central and Eastern Europe Katalin J. Cseres PART II: PRIVATE LAW-MAKING 7. Remarks on the Needs and Methods for Governance in the Field of Private International Law – At the Global and Regional Levels Hans Van Loon 8. The American Law Institute: A Model for the New Europe? Lance Liebman PART III: GOVERNANCE IN EUROPEAN PRIVATE LAW 9. Private Law, Regulation and Governance Design and the Personal Work Contract Mark Freedland 10. Regulatory Agencies, Regulatory Legitimacy, and European Private Law Tony Prosser 11. Regulating Private Legislation Colin Scott 12. Governance Implications for the European Union of the Changing Character of Private Law Hugh Collins PART IV: CONCLUSIONS 13. The Making of European Private Law: Governance Design Fabrizio Cafaggi Index

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Book SynopsisTrade Review‘Today, hardly any area of the law is not influenced by European Union law. This book provides a clear and concise account of EU law’s structure and functioning, covering both institutional and substantive law as well as the interplay between them. Written in an accessible style and updated for this new edition, the text offers a highly valuable introduction to EU law, not only for students, but also for legal practitioners wishing to get a grasp on this complex area of the law and on the European Union.’ -- Sacha Prechal, Judge at the Court of Justice of the EU‘This is an excellent Advanced Introduction to EU law, which provides the reader with a succinct and insightful analysis of the constitutional, institutional and substantive dimensions of the subject. Jacques Ziller conveys a great deal of information in an engaging manner.’ -- Paul Craig, University of Oxford, UKTable of ContentsContents: Preface 1 A constitution based upon international treaties 2 Scope of EU law and conferral 3 Values, fundamental rights and citizenship 4 The area of freedom, security and justice (AFSJ) 5 The internal market 6 Policies bordering on the internal market 7 Economic and monetary union 8 External action 9 Specific features of EU law 10 Institutional framework of the EU 11 Distribution of powers in the EU 12 Acts of EU law and hierarchy of norms 13 Judicial review and case law Bibliography Index

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Book SynopsisTrade Review‘Today, hardly any area of the law is not influenced by European Union law. This book provides a clear and concise account of EU law’s structure and functioning, covering both institutional and substantive law as well as the interplay between them. Written in an accessible style and updated for this new edition, the text offers a highly valuable introduction to EU law, not only for students, but also for legal practitioners wishing to get a grasp on this complex area of the law and on the European Union.’ -- Sacha Prechal, Judge at the Court of Justice of the EU‘This is an excellent Advanced Introduction to EU law, which provides the reader with a succinct and insightful analysis of the constitutional, institutional and substantive dimensions of the subject. Jacques Ziller conveys a great deal of information in an engaging manner.’ -- Paul Craig, University of Oxford, UKTable of ContentsContents: Preface 1 A constitution based upon international treaties 2 Scope of EU law and conferral 3 Values, fundamental rights and citizenship 4 The area of freedom, security and justice (AFSJ) 5 The internal market 6 Policies bordering on the internal market 7 Economic and monetary union 8 External action 9 Specific features of EU law 10 Institutional framework of the EU 11 Distribution of powers in the EU 12 Acts of EU law and hierarchy of norms 13 Judicial review and case law Bibliography Index

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Book SynopsisLaw's Metaphors: Interrogating Languages of Law, Justice and Legitimacy presents a series of essays that reveal how metaphors for terms relating to the theory and practice of law are utilized in legal texts, literary works, and in our popular imagination. Represents an innovative approach to interdisciplinary legal scholarship Features new developments in theorizing law's relations with language, society, and culture Includes contributions from European and North American scholars across several relevant disciplines Reveals the prevalence and power of the use of metaphors in the legal profession and in the popular imagination Table of Contents1. Law's Metaphors: Introduction (David Gurnham) 2. Metaphor as Analogy: Reproduction and Production of Legal Concepts (Angela Condello) 3. The Metaphor of Proportionality (Nicola Lacey) 4. Flesh of the Law: Material Legal Metaphors (Andreas Philippopoulos-Mihalopoulos) 5. The Trials of Lizzie Eustace: Trollope, Sensationalism, and the Condition of English Law (Ian Ward) 6. M. NourbeSe Philip's Zong!: Metaphors, Laws, and Fugues of Justice (Anne Que'ma) 7. 'We Want to Live': Metaphor and Ethical Life in F.W. Maitland's Jurisprudence of the Trust (Adam Gearey)8. Debating Rape: To Whom does the Uncanny 'Myth' Metaphor Belong? (David Gurnham) 9. Is the Blush off the Rose? Legal Education Metaphors in a Changing World (Michelle LeBaron)

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Book SynopsisCompared to other countries, Canada’s Parliament shows a high level of party unity when it comes to legislative voting. This was not always the case, however. One hundred years ago, this sort of party discipline was not as evident, leading scholars to wonder what explains the growing influence of political parties in the Canadian Parliament.In Lost on Division, Jean-François Godbout analyses more than two million individual votes recorded in the House of Commons and the Senate since Confederation, demonstrating that the increase in partisanship is linked to changes in the content of the legislative agenda, itself a product of more restrictive parliamentary rules instituted after 1900. These rules reduced the independence of private members, polarized voting along partisan lines, and undermined Parliament’s ability to represent distinct regional interests, resulting in – among other things – the rise of third parties.Bridging the scholTrade Review"In this gold mine of voting data and analysis, bolstered by online supporting evidence, Godbout systematically examines individual and structural theories of party unity. He skillfully explains the implications of his conclusions. This work is extraordinarily relevant to any examination of why Parliament is increasingly considered irrelevant." -- Neal A. Carter, Brigham Young University * American Review of Canadian Studies *Table of Contents1. Introduction 2. The Emergence of Parties in Parliament 3. Theories of Party Development 4. Legislative Records and Parliamentary Voting 5. How Do Members Vote? 6. How Do Parties Unite? 7. Louis Riel and the Catholic Sort 8. Western Discontent and Populism 9. Partisanship in the Senate 10. Conclusion Bibliography

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Book SynopsisBridging Canadian party politics and legislative studies, Lost on Division is the most authoritative study available on the development of parliamentary institutions in Canada.Trade Review"In this gold mine of voting data and analysis, bolstered by online supporting evidence, Godbout systematically examines individual and structural theories of party unity. He skillfully explains the implications of his conclusions. This work is extraordinarily relevant to any examination of why Parliament is increasingly considered irrelevant." -- Neal A. Carter, Brigham Young University * American Review of Canadian Studies *Table of Contents1. Introduction 2. The Emergence of Parties in Parliament 3. Theories of Party Development 4. Legislative Records and Parliamentary Voting 5. How Do Members Vote? 6. How Do Parties Unite? 7. Louis Riel and the Catholic Sort 8. Western Discontent and Populism 9. Partisanship in the Senate 10. Conclusion Bibliography

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Book SynopsisNational security in the interest of preserving the well-being of a country is arguably the first and most important responsibility of any democratic government. Motivated by some of the pressing questions and concerns of citizens, Top Secret Canada is the first book to offer a comprehensive study of the Canadian intelligence community, its different parts, and how it functions as a whole. In taking up this important task, contributors aim to identify the key players, explain their mandates and functions, and assess their interactions. Top Secret Canada features essays by the country’s foremost experts on law, foreign policy, intelligence, and national security, and will become the go-to resource for those seeking to understand Canada’s intelligence community and the challenges it faces now and in the future.Trade Review"Top Secret Canada is a thorough and serious treatment of Canada’s multifaceted intelligence community and a significant contribution to the intelligence literature. It deserves a spot on the bookshelf of every scholar focused on Canadian defense and national security issues as well as the broader field of intelligence." -- Joseph W. Gartin, CIA Sherman Kent School for Intelligence Analysis * Studies in Intelligence *"This is an extremely valuable collection that should be essential reading for practitioners in Canada and abroad, and for legislators, journalists, and the interested public." -- J. L. Granatstein, emeritus, York University * CHOICE *Table of ContentsForeword Introduction Stephanie Carvin, Thomas Juneau, and Craig Forcese Part One: Central Agencies and Advice to Policymakers 1. The Privy Council Office (PCO) Greg Fyffe 2. Prime Minister’s Office (PMO) Meredith B. Lilly Part Two: Core Collection and Advisory Agencies 3. The Canadian Security Intelligence Service (CSIS) Jez Littlewood 4. The Communications Security Establishment (CSE) Bill Robinson 5. The Integrated Terrorism Assessment Centre (ITAC) Stephanie Carvin 6. The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) John Pyrik Part Three: Operations and Enforcement and Community Engagement 7. The Royal Canadian Mounted Police (RCMP) Kent Roach 8. Canada Border Services Agency (CBSA) Christian Leuprecht, Kelly Sundberg, Todd Hataley, and Alexandra Green 9. Public Safety Canada (PSC) Alex Wilner 10. The Canada Centre and Countering Violent Extremism Brett Kubicek and Michael King Part Four: Government Departments with National Security Functions 11. The Department of National Defence and the Canadian Armed Forces (DND/CAF) Thomas Juneau 12. Global Affairs Canada (GAC) Michael Nesbitt 13. The Department of Justice Canada (Justice Canada) Craig Forcese and Jennifer Poirier Part Five: The Evolving National Security Review Landscape 14. Review and Oversight of National Security in Canada Leah West 15. The Media and National Security Reporting in Canada Alex Boutilier Conclusion Stephanie Carvin, Thomas Juneau, and Craig Forcese Contributors Index

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Book SynopsisThis volume explores the relationship between Indigenous self-determination specifically practices of law and governance and Indigenous social and economic development.Table of ContentsPart 1: Facilitating and Framing Wise Practices 1. Indigenous Economic Justice and Self-Determination: Wise Practices In Indigenous Law, Governance, And Leadership 2. A Wise Practices Approach to Indigenous Law, Governance And Leadership: Resistance Against The Imposition Of Law 3. Wise Practices: Toward A Paradigm of Indigenous Applied Community Economic Development Research And Facilitation Part 2: The State of the Law 4. Economic Justice in Practice 5. Of Spectrums and Foundations: An Investigation into The Limitations Of Aboriginal Rights. 6. The State Of Canadian Law on Representation and Standing In Aboriginal Rights And Title Litigation 7. Miyo Pimâtisiwin And The Politics Of Ignorance: Advancing Indigenous ‘Good Living’ Through Dismantling Our Mediated Relations Part 3: Alternative in Practice 8. Accepting Responsibility For Your Nationhood Is Worthwhile For Any Nation On Earth, Not Just Indigenous People. 9. Wise Practices in Indigenous Economic Development & Environmental Protection 10. Looking Inward, Looking Outward: Finding Solutions in Indigenous and International Law 11. Victory through Honour: Bridging Canadian Intellectual Property Laws and Kwakwaka’wakw Cultural Property Laws

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Book SynopsisJudicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.Table of Contents1. Introduction 2. Constitutional Strength and Bills of Rights 3. Constitutional Reach: Severe Limits or Constitutionalizing Everything? 4. Constitutional Reach: The Private Sphere and The Clash Between Liberal and Post-Liberal Constitutionalisms 5. Balancing Institutional Relations: The Common Law and Bills of Rights 6. Strained Statutory Interpretation in New Zealand and The UK 7. Strained Statutory Interpretation in Canada 8. Conclusion Works Cited

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Book SynopsisFaith, Force, and Reason follows the evolution of the rule of law from its birth in the marshes of Mesopotamia over 4,000 years ago to its battle against apartheid in South Africa in the last twenty-five years. It is recounted through the voices of emperors and kings, judges and jurists, and popes and philosophers who have thought about what the rule of law is all about and how it works. All of law’s most momentous achievements Justinian’s Corpus Juris Civilis, the Magna Carta, and the American Bill of Rights and most celebrated advocates Plato and Aristotle, Cicero, Aquinas, Edward Coke, Hugo Grotius, and John Marshall are featured. So are law’s darkest moments: the trial of Socrates, the burning and beheading of witches and heretics, the persecution of Jews, and the proclamation of Lex Regia which legalized the dictatorial powers of Roman emperors and medieval kings. Faith, Force, and Reason challenges readers to think Table of ContentsPreface Introduction Ancient History: Warlords, Priests and Philosophers 1. Babylon and Jerusalem 2. Athens and Sparta 3. Rome Medieval History: Jurists and Lawyers 4. Damascus and Baghdad 5. Bologna and Rome (again) 6. London Modern History: Judges 7. Washington 8. The Hague 9. Johannesburg Future History: The People 10. New France 11. New World 12. New Person Index

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Book SynopsisPolitical justice is the impartial application of the criminal justice system to the disadvantage of particular individuals or groups because of their perceived non-constitutional activities. Meanwhile, political rights allude to a person's capacity to participate in a country's civil activities without constraint and are closely related to citizenship status. This volume states that there are no universally legal standards for political activity as differentiated from other forms of social action. Something is political if it relates in an incredibly rigorous way to the interests of a community. Each dominant class, group, or individual will develop criteria based on which reprehensible acts, when sufficiently severe, will necessitate public action, according to its estimates and needs. Consequently, an infinite number of "political" factors could be included, excluded and re-entered into the formal definition of a political crime.

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Book SynopsisThis comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union. Contributors: H. Brucker, F. Cafaggi, E. Carbonara, T. Eger, M.G. Faure, J. Fidrmuc, N. Garoupa, F. Gomez, M.J. Holler, P.C. Leyens, B. Luppi, A. Nicita, R. Pardolesi, F. Parisi, J. Pelkmans, H.-B. Schafer, H. Siekmann, G. Tsebelis, S. Voigt, H.-J. WagenerTable of ContentsContents: Introduction Thomas Eger and Hans-Bernd Schäfer PART I: THE CONSTITUTIONAL FRAMEWORK OF THE EU 1. A Constitution Like Any Other? Comparing the European Constitution with Nation State Constitutions Stefan Voigt 2. The Rules of Decisionmaking in EU Institutions George Tsebelis 3. EU Decision Making and the Allocation of Responsibility Manfred J. Holler 4. Can Member State Liability for the Infringement of European Law Deter National Legislators? Hans-Bernd Schäfer 5. Subsidiarity for a Changing Union Emanuela Carbonara, Barbara Luppi and Francesco Parisi PART II: BASIC FREEDOMS 6. Mutual Recognition: Economic and Regulatory Logic in Goods and Services Jacques Pelkmans 7. The Law and Economics of the Free Movement of Persons in the European Union Herbert Brücker and Thomas Eger PART III: CORPORATION LAW AND CORPORATE GOVERNANCE 8. Corporate Governance in Europe: Foundations, Developments and Perspectives Patrick C. Leyens PART IV: PRIVATE LAW 9. Private Law I: Tort Michael G. Faure 10. Private Law II: Contract Fernando Gomez PART V: CONSUMER PROTECTION 11. The Evolution of Consumer Protection in the EU Fabrizio Cafaggi and Antonio Nicita PART VI: LAW ENFORCEMENT 12. An Economic Analysis of Legal Harmonization: The Case of Law Enforcement within the European Union Nuno Garoupa 13. Private Enforcement of Antitrust Law Roberto Pardolesi PART VII: DIVERSITY IN UNITY 14. Eastern Enlargement of the European Union Hans-Jürgen Wagener 15. The Economics of Multilingualism in the EU Jan Fidrmuc PART VIII: MONETARY INSTITUTIONS AND MONETARY POLICY 16. Law and Economics of the Monetary Union Index

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Book SynopsisRenmin Chinese Law Review, Vol. 1 is the first work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.Volume 1 addresses topics such as the law theory of public interest, as well as issues pertaining to the Chinese legal system's implementation of WTO laws. All of the contributions provide useful insights for those wishing to explore China s increasing influence in international law and politics as well China's recent legal reforms.This diverse comparative study will appeal to academics in Chinese law, society and politics, members of diplomatic communities as well as legal professionals interested in China.Contributors: Z. Chen, D. Chun'e, H. Feng, J. He, H. Li, Y. Lin, T. Liu, B. Peng, W. Tang, D. Xu, G. Xu, N. Zhang, B. Zhao, Y. ZhouTrade Review'With business having gone global and China a major trading partner of the UK, company lawyers as well as academics will be interested in this latest publication from Edward Elgar.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface 1. The Word ‘Constitution’ in Western Languages: How Did it Originate and Evolve Linguistically? Xu Guodong 2. On Legal Theories of Public Interest: An Analysis Based on the Need Spill Theory Liu Taigang 3. On the ‘Economized State’ in the Context of Economic Law Feng Hui 4. On the Changes in the Chinese Legal System for Implementing WTO Laws Zhang Naigen 5. Rethinking the NPC Standing Committee’s Basic Law Revision Power Lin Yan 6. How to Define the Discretion Standard in the Administrative Legal System from the Perspective of Administrative Self-restraint Zhou Youyong 7. The Fate of the Theory of the Nature of Social Harm in Contemporary China Zhao Bingzhi and Chen Zhijun 8. Empirical Studies on the De-functionalization of Criminal Trial in China He Jiahong 9. How to Define Illegal Financing: A Critique of the Judicial Interpretation of Illegal Financing by the Supreme People’s Court Peng Bing 10. Information Supervision: The Optimum Choice of China’s Supervision of Credit Assets Securitization Xu Duoqi 11. Judiciary Strategy for Historical Problems Originating from the Reform of Corporate Share Institutions Dong Chun’e 12. Return to Civil Procedure Law: Re-reforming the Courts’ Power of Investigation and Evidence Collection Li Hao 13. Jurisdictional Error as a Cause for Retrial Should Not be Removed Tang Weijian Index

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Book SynopsisThe role of culture in the operation of Japanese law is one of the great questions of sociolegal studies. Discussions tend to polarize, between a simplistic view of cultural determinism and a more universalist approach that emphasizes institutions. This superb collection, with a diverse and accomplished set of contributors, takes culture seriously. It shows how legal institutions have both shaped and been shaped by Japanese legal culture. A state-of-the art assessment of Japanese law after more than a decade of reforms, this book is a must for anyone interested in understanding legal culture more broadly.'- Tom Ginsburg, University of Chicago Law School, US'The Changing Role of Law in Japan is a path-breaking work of comparative legal scholarship, offering a fresh and compelling perspective on the Japanese legal system that makes it essential reading for anyone interested in the role of law in industrialized democracies. The editors present a convincing case for putting a dynamic conception of culture at the heart of comparative legal studies, while simultaneously demonstrating the wisdom of comparing Japanese law and legal institutions to their European rather than their American counterparts. This is a volume that will be read, and debated, for years to come.'- Eric A. Feldman, University of Pennsylvania Law School, USThe Changing Role of Law in Japan offers a comparative perspective on the changing role of law in East Asia, discussing issues such as society, cultural values, access to the legal system and judicial reform. This innovative book places Japan in the wider context, juxtaposed with Europe, rather than the US, for the first time.Parallel to Japan's rise to economic prominence on the world scene in the 1960s, law and legal thinking in the country have become the focus for academic research in various respects. One recurring question has been how Japan managed to become one of the most important economic actors in the world, without the legal infrastructure usually associated with complex economic activities. This book addresses many current issues that illustrate important changes in Japanese society and its political and legal systems. The authors investigate fundamental questions about the precise role of law and the courts in Japan, and try to go beyond the classical paradigm that attributes the particularities of Japan to its unique culture or its exceptional position. The various contributions to this book all demonstrate the importance of challenging existing conceptions and revisiting them through meticulous socio-legal and empirical research.This book will appeal to scholars of sociology of law, international studies and those interested in a transnational approach to the legal framework. Graduate students dealing with law in Asia, intellectual property, patent law and competition law will also find much relevance in this interesting and stimulating book.Contributors: V. Gessner, R. Hamano, E. Herber, A. Hirata, S. Kozuka, J. Maesschalck, T. Mihira, M. Murayama, D. Nelken, I. Ozaki, S. Parmentier, T. Suami, H. Takahashi, S. Vande Walle, D. Vanoverbeke, E. van ZimmerenTrade Review‘The role of culture in the operation of Japanese law is one of the great questions of sociolegal studies. Discussions tend to polarize, between a simplistic view of cultural determinism and a more universalist approach that emphasizes institutions. This superb collection, with a diverse and accomplished set of contributors, takes culture seriously. It shows how legal institutions have both shaped and been shaped by Japanese legal culture. A state-of-the art assessment of Japanese law after more than a decade of reforms, this book is a must for anyone interested in understanding legal culture more broadly.’ -- Tom Ginsburg, University of Chicago Law School, US‘The Changing Role of Law in Japan is a path-breaking work of comparative legal scholarship, offering a fresh and compelling perspective on the Japanese legal system that makes it essential reading for anyone interested in the role of law in industrialized democracies. The editors present a convincing case for putting a dynamic conception of culture at the heart of comparative legal studies, while simultaneously demonstrating the wisdom of comparing Japanese law and legal institutions to their European rather than their American counterparts. This is a volume that will be read, and debated, for years to come.’ -- Eric A. Feldman, University of Pennsylvania Law School, US‘The Changing Role of Law in Japan is an outstanding collection of articles that investigate how and why the law in action has evolved (and sometimes has been maintained in spite of institutional or social changes) in Japanese society. This volume addresses various topics, including civil litigation, alternative dispute resolution, criminal justice, business and economic law, administrative process, and the legal profession. Furthermore, it comprises 15 articles contributed by legal and sociolegal scholars across the world. These facts serve to indicate that readers will definitely gain new perspectives on the Japanese legal system.’ -- Social Science Japan JournalTable of ContentsContents: 1. The Changing Role of Law in Japan: Empirical Studies in Culture, Society and Policy-Making: An Introduction Dimitri Vanoverbeke, Jeroen Maesschalck, Stephan Parmentier and David Nelken PART I: SETTING THE SCENE 2. Legal Culture and Social Change David Nelken 3. State/Society Synergies in Western and Japanese Economic and Judicial Reform Volkmar Gessner 4. Law, Culture and Society in modernizing Japan Ichiro Ozaki 5. Reforms of the Judiciary in Japan at the Start of the Twenty-first Century: Initial Assessment of an Ongoing Process Dimitri Vanoverbeke and Takao Suami PART II: THE LEGAL TURN? GROWING LEGALISM IN CONTEMPORARY JAPAN 6. Law in a Changing Economy: Law of Trade Credit and Security Interests in Context Souichiro Kozuka 7. Toward an Understanding of the ‘Japanese’ Way of Dispute Resolution: How is it Different from the West? Hiroshi Takahashi 8. Between ‘Benevolent Paternalism’ and Genbatsuka: Diversity in Japanese Criminal Justice Erik Herber PART III: THE TURN TO COURTS? A CHANGING ROLE FOR LEGAL ACTORS 9. Regulatory Enforcement of Environmental Law in Japan: An Analysis of the Implementation of the Water Control Pollution Act Ayako Hirata 10. Access to Attorneys in Japan and Judicial Reform Ryo Hamano 11. Institutional Change and Judicial Review in Contemporary Japan Tsukasa Mihira 12. Law in Japan: Culture, Situation and Behaviour Masayuki Murayama PART IV: THE (RE)TURN TO EUROPE? SIGNS OF CONVERGENCE 13. What Keeps Plaintiffs Away from the Court? An Analysis of Antitrust Litigation in Japan, Europe and the US Simon Vande Walle 14. Revisiting Japanese Exceptionalism within the Context of ‘Dynamic Patent Governance’: A Comparative Analysis of the Japanese and European Patent System Esther van Zimmeren 15. Rule of Law and Human Rights in the Context of the EU–Japan Relationship: Are Both the EU and Japan Really Sharing the Same Values? Takao Suami Index

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Book SynopsisRenmin Chinese Law Review, Volume 3 is the third work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China.This book reflects the study of Chinese law and the reality of Chinese legality and society. Chapters address the developments of the Committee of Politics and Law of the CPC, the new challenges China faces in anti-terrorism, the emerging P2P lending in China and the legislation of virtual property inheritance.This discerning and comprehensive study will appeal to scholars of Chinese law, society and politics, and members of diplomatic communities as well as legal and governmental professionals interested in China.Contributors: Z. Cheng, H. Deming, Y. Dengfeng, W. Dezhi, L. Dong, W. Guangrong, Y. Haifang, T. Hongjie, X. Jianguo, Z. Jianwei, T. Jieyin, W. Jun, X. Ke, S. Lihong, L. Renwen, M. Xiaying, S. Yahui, P. Yue, C. Yutong, L. ZhongTrade Review'It seems obvious to us that this particular volume, as well as other volumes in this series, comprise a valuable find for lawyers, scholars and policy makers everywhere, who wishing to enhance their understanding of Chinese law as well as evolving social and political attitudes in China.' --Phillip and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: 1. The Shaping of the Thought of the Party Governing Politics and Law in Organizational History (1949-1958) Liu Zhong 2. The True Meaning of “Information-in-Process”: Based on a Series of Cases in Shanghai Yang Dengfeng 3. Principle or Exception: Rethinking Economic Substance as a General Principle to Tax Financial Transactions Tang Jieyin 4. Study on P2P Lending Regulation Yao Haifang, Peng Yue, Xiao Jianguo, Liu Dong and Zuo Jianwei 5. A Description and Analysis of Chinese Anti-terrorism Criminal Legislation Liu Renwen 6. The Legal Attributes and Liability of Administrative Crimes Including Reconstruction of the Mechanism of Criminalization Tian Hongjie 7. Research on Criminal Omission in Joint Offenses Sun Lihong 8. Must the Judgment of Illegality Be Conducted Unitarily? From the Perspective of the Entity Relationship between the Criminal Law and the Civil Law Wang Jun 9. On the Law and Trust in Doctor-patient Disputes Wu Dezhi 10. The Theory of and Legislation Regarding Virtual Property Inheritance Mei Xiaying and Xu Ke 11. Research on the Duty of Examination of Adwords in the Pay-Per-Click Service Song Yahui and Chen Yutong 12. Impact of Administrative Approval on Validity of Contract: Theory and Practice Wu Guangrong 13. On Issues of Delimiting Outer Continental Shelves Beyond 200 Nautical Miles in the Arctic Seas and Construction of the Arctic Regional Legal System Huang Deming and Zhang Cheng Index

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Book SynopsisRenmin Chinese Law Review, Volume 4 is the fourth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China. This book deals with the study of Chinese law and the reality of Chinese legality and society. Several chapters focus on the recent development and inspirations of new legal realism, including its implications for civil law, public regulation and security. The book also explores copyright and patent law, considering the draft amendment of the China Copyright Law through up-to-date case studies. This astute and contemporary work will appeal to scholars of Chinese law, society and politics, members of diplomatic communities as well as legal and governmental professionals interested in China.Contributors include: R. Chai, G. Chen, J. Deng, W. Jin, Z. Liang, H. Ma, Y. Ma, J. Shi, C. Wang, Q. Wang, Z. Yu, Q. Xiong, G. XuTable of ContentsContent: 1. Recent Development and Inspirations of New Legal Realism Deng Jinting 2. A Study of the “Common Core” of Civil Law in the Historical Contexts of China and the West – A Functional Comparison Approach Chai Rong 3. The Knowledge Basis of Public Regulation Jin Wenhui 4. Informational Regulation for Standard Contract Terms Ma Hui 5. Safe Food Depends on Sound Legal Mechanisms: Several Theoretical Issues of the Proposed Food Safety Law Wang Chenguang 6. Legal Issues on the Sino-European Cooperation between the Oversight Authorities of Auditors for Listed Companies Shi Jiayou 7. Considerations on some Problems in Preventing Wrongful Convictions Chen Guangzhong and Yu Zengzun 8. Public Opinion and Expansive Application of the Crime of Endangering Public Security with Dangerous Methods Xu Guanghua 9. Legal Application concerning the Purchase of A House in The Name of Others Ma Yide 10. Music Copyright Reform in China Xiong Qi 11. On “Retransmission” in the China Copyright Law: A Commentary on Recent Cases and the Draft Amendment of the China Copyright Law Wang Qian 12. : Patent Quality Improved by Courts: The Chinese Dilemma and Its Solutions Liang Zhiwen Index

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Book SynopsisOffering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration. Expert contributors from international and interdisciplinary backgrounds set the politics of EU law in both a historical and contemporary context, exploring the relations between different EU institutions across a variety of substantive policy areas. Identifying the main sites of interaction between law and politics, chapters highlight key theoretical insights providing an in-depth understanding of the field. With up-to-date coverage of the latest developments, this Research Handbook analyses the impact of Brexit, economic and financial crises, migration crises and important trends for law and governance. Discerning and forward-thinking, this Research Handbook will be key reading for students and scholars of European law, European politics, and those with an interest in exploring the interface between the two. Its accessible approach will also engage practitioners in EU law and politics, including lawyers and national government and EU institution officials. Contributors include: A.S. Aldrich, K. Alexandris Polomarkakis, S. Bekker, M. Blauberger, J. Borg-Barthet, P.J. Cardwell, W.T. Daniel, R. Dickson, M. Everson, E. Fahey, A. Frese, M. Gaglia Bareli, M. Geelhoed, M.-P. Granger, A. Heindlmaier, E. Herlin-Karnell, F. Mendez, M. Mendez, E. Morgera, L. Parks, N. Pérez-Solórzano Borragán, M. Sánchez Barrueco, S. Saurugger, S. Smismans, F. Terpan, A. Tryfonidou, E. Tsioumani, R. ZahnTrade Review‘The Research Handbook on the Politics of EU Law makes a significant contribution to European Integration literature. Covering a range of topics from EU institutional order, to EU system of governance, as well as substantive areas of EU policy where law and politics meet, complement and, sometimes, conflict. This is a multi-dimensional book and a useful reference guide for both legal academics, political scientists, and scholars from other disciplines who have a strong interest in the EU’s political integration through law.’ -- Feyza Basar, Journal of Contemporary European Research'Situated in the ''law in context'' scholarship, the interdisciplinary contributors to this important volume analyse inter-institutional conflict as well as major policy fields. Next to ''usual suspects'', like non-discrimination law, there are contributions on more rarely treated topics, such as the common agricultural policy, and company law. The 20 chapters significantly advance our knowledge on the politics of EU law and underline the central position that the European Court of Justice can assume in the politics and policymaking of the EU.' --Susanne K. Schmidt, University of Bremen, Germany'This book is an essential tool to help us to understand how EU law operates in its wider political and social context. Gathering together excellent contributors including well known names and fresh faces, the editors offer us important signposts to broaden and deepen our understanding of law as a political system.' --Jo Shaw, University of Edinburgh, UKTable of ContentsContents: Chapter 1: Introduction to the Politics of EU Law Marie-Pierre Granger and Paul James Cardwell Chapter 2: Governance as the meeting place of EU Law and Politics? Paul James Cardwell Chapter 3: The Politics of the Court of Justice of the European Union Fabien Terpan and Sabine Saurugger Chapter 4: Litigation as a means to solve conflicts between the European Parliament and the Council: one size does not fit all María-Luisa Sánchez-Barrueco Chapter 5: The European Semester: Understanding an innovative governance model Sonja Bekker Chapter 6: The Law and Politics of Direct Democracy in the EU Fernando Mendez and Mario Mendez Chapter 7: The Law and Politics of Exit from the EU Nieves Pérez-Solórzano Borragán and Stijn Smismans Chapter 8: Locating Gendered Representation in European Union Member States Andrea S Aldrich and William T Daniel Chapter 9: Politicising Europe: Liberating the Technocratic? Michelle Everson Chapter 10: Free Movement of EU Citizens between Law and Politics Anita Heindlmaier and Michael Blauberger Chapter 11: Everyone is equal, but some more than others: Judicial governance of EU antidiscrimination law Amalie Frese Chapter 12: Law and Sexual Minority Rights in the EU: Navigating a Political Minefield Alina Tryfonidou Chapter 13: Social Europe: A Midsummer Night’s Dream? Konstantinos Alexandris Polomarkakis Chapter 14: The Political Dynamics of EU Human Rights Law: Scratching Beneath the Surface Marie-Pierre Granger Chapter 15: The Politics of European Labour Law Rebecca Zahn Chapter 16: Mutual Recognition of Companies as an Agency Problem Justin Borg-Barthet Chapter 17: The Politics of EU Law and the Area of Freedom, Security and Justice Ester Herlin-Karnell Chapter 18: The unintended consequences of the EU’s Common Agricultural Policy for local communities Maria Gaglia Bareli, Miranda Geelhoed, Louisa Parks, Elisa Morgera, Elsa Tsioumani Chapter 19: The Politics of EU Migration Law Rachael Dickson Chapter 20: Critical EU International Relations Law: a Research Agenda Elaine Fahey Index

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Book SynopsisTimely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit. The EU is the epitome of a globalised world: an organisation with a huge number of members, partners and collaborators, seeking to further common goals, with pooling of resources to address shared concerns. Much attention has been paid to justices or injustices in relation to the impact that they have on beginning or increasing global relations, and in turn on individuals or groups. This thought-provoking book analyses the reverse: what justice is brought about by withdrawal therefrom? On Brexit will be of great interest to students and academics working on EU law and politics and global relations due to its interdisciplinary nature. It will also be a key resource for both UK and EU governments and policy actors seeking to broaden their perspective on Brexit. Contributors include: T. Ahmed, S. Bardutzky, D. Collins, J. Corkin, S. Douglas-Scott, E. Fahey, S. Germain, J. Grogan, D. Kostakopolou, D. Kukovec, L. McDonagh, P. O'Connell, J. Odermatt, P.R. Polak, A. Powell, D. Seymour, N. Skoutaris, E. Xanthapoulou, A. YongTrade Review‘This volume will be of interest to everyone working on (or simply interested in) Brexit and especially to those looking at the issue of Brexit and justice from a philosophical perspective. Its theme and methodological approach set it apart from earlier Brexit work. It brings together some of the most interesting voices in legal scholarship.’ -- Menelaos Markakis, EU Law Live'Beyond the tortured processes of the UK's extraction from the EU lies a multitude of questions about what Brexit means for justice and injustice. Ahmed and Fahey have gathered an impressive array of scholars to uncover these questions, and some potential answers. This is essential reading for anyone trying to make sense of what the form and substance of Brexit means for law and justice.' --Paul James Cardwell, University of Strathclyde, UK'Much has been said and done about Brexit, but in reality many fundamental questions remain to be addressed. This collection is a very much welcome addition to the debate on Brexit, especially to help us understand what is the role of law in this process and how we can think more critically about this role in the context of broader notions of justice and legal method.' --Nuno Ferreira, University of Sussex, UKTable of ContentsContents: Foreword Dora Kostakopoulou 1 Introduction: framing the methodology of justice, injustice and Brexit 1 Tawhida Ahmed and Elaine Fahey PART I WHOSE AND WHITHER JUSTICE AFTER BREXIT? 2 Lexit and the mystification of political economy 23 David Seymour 3 The legal profession’s responsibility for Brexit 39 Damjan Kukovec 4 The constitutional architecture of injustice 55 Paul O’Connell PART II BREXIT AND GOVERNANCE 5 The only certainty is uncertainty: risk to rights in the Brexit process 65 Joelle Grogan 6 ‘The will of the people’: the UK constitution, (parliamentary) sovereignty, and Brexit 81 Alex Powell 7 Brexit and the siren-like allure of sovereignty 96 Sionaidh Douglas-Scott 8 Brexit, justice and dispute settlement 111 Jed Odermatt PART III CITIZENS AND VULNERABLE PERSONS 9 Human rights protection as justice in post-Brexit Britain: a case study of deportation 128 Adrienne Yong 10 Brexit and the balance of free movement and social justice 142 Polly Ruth Polak 11 Will there be justice in healthcare post-Brexit? 158 Sabrina Germain 12 Legal uncertainty, distrust and injustice in post-Brexit asylum cooperation 175 Ermioni Xanthopoulou PART IV TERRITORY AND GLOBALISATION 13 The constitutional implications of Brexit for Northern Ireland 190 Luke McDonagh 14 Brexit and transitional justice: Brexit as a challenge to peacebuilding 205 Nikos Skoutaris 15 Brexit, freedom, and justice: the difficulties of political constitutionalism with the supranational/global 222 Samo Bardutzky 16 Brexit and international trade: the aspiration of global Britain 238 David Collins 17 The liberal order: holed below the waterline or a ship that we can rebuild at sea? 253 Joseph Corkin 18 Conclusions 272 Tawhida Ahmed and Elaine Fahey Index 276

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Book SynopsisThis is an authoritative collection on comparative law and economics, a new research field in which differences among legal systems are analysed using an economic methodology. Comparative law and economics brings comparative law to a higher scientific level, and enriches traditional comparative economics, in which insufficient attention has been paid to legal environments.This comprehensive three-volume collection covers the following subjects: general theories and general historical perspectives, regulatory competition and legal transplants, legal systems and economic growth, property, tort law and restitution, contracts and consumer protection, corporate law and organizations, and procedural law.Comparative Law and Economics will be an indispensable reference source for those with an interest in these fields.Trade Review'This is an extremely fine, wide-ranging anthology of essays applying economic analysis to comparative law. Comparative law - the comparison of the world's extraordinarily diverse legal systems - with special reference to the legal challenges facing developing nations offers an enormous and underexplored field for the application of economics. These essays demonstrate the promise of the economic approach and will go far to stimulate further research, thinking, and reform.' -- Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, USTable of ContentsContents: Volume I Acknowledgements Introduction Gerrit De Geest and Roger Van den Bergh PART I GENERAL THEORIES AND GENERAL HISTORICAL PERSPECTIVES 1. Saul Levmore (1986), ‘Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law’ 2. Ugo Mattei (1997), ‘The Competitive Relationship among Sources of Law’ 3. Anthony Ogus (2002), ‘The Economic Basis of Legal Culture: Networks and Monopolization’ 4. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’ 5. Richard A. Posner (1981), ‘The Economic Theory of Primitive Law’ 6. Francesco Parisi (2001), ‘The Genesis of Liability in Ancient Law’ PART II REGULATORY COMPETITION AND LEGAL TRANSPLANTS 7. Wallace E. Oates and Robert M. Schwab (1988), ‘Economic Competition Among Jurisdictions: Efficiency Enhancing or Distortion Inducing?’ 8. Roger Van den Bergh (2000), ‘Towards an Institutional Legal Framework for Regulatory Competition in Europe’ 9. Edgardo Buscaglia and William Ratliff (2000), ‘Legal and Economic Integration: The Cases For and Against Legal Transplants’ 10. Gerrit De Geest (2002), ‘Information Problems Caused by Regulatory Competition, and Their Solution: International Standard Codes’ 11. Daniel Berkowitz, Katharina Pistor and Jean-Francois Richard (2003), ‘The Transplant Effect’ PART III LEGAL SYSTEMS AND ECONOMIC GROWTH 12. Douglass C. North and Robert Paul Thomas (1973), ‘The Issue’ and ‘France and Spain – The Also-rans’ 13. Mancur Olson (1982), ‘The Developed Democracies Since World War II’ 14. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1999), ‘The Quality of Government’ 15. Paul G. Mahoney (2001), ‘The Common Law and Economic Growth: Hayek Might Be Right’ Name Index Volume II Acknowledgements An introduction by the editors to all three volumes appears in Volume I PART I PROPERTY 1. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 2. Saul Levmore (1987), ‘Variety and Uniformity in the Treatment of the Good-Faith Purchaser’ 3. J. Mark Ramseyer (1989), ‘Water Law in Imperial Japan: Public Goods, Private Claims, and Legal Convergence’ 4. Kathryn Firmin-Sellers (2000), ‘Custom, Capitalism, and the State: The Origins of Insecure Land Tenure in West Africa’ 5. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’ 6. Francesco Parisi (2002), ‘Entropy in Property’ PART II TORT LAW AND RESTITUTION 7. Michelle J. White (1989), ‘An Empirical Test of the Comparative and Contributory Negligence Rules in Accident Law’ 8. J. Finsinger, T. Hoehn and A. Pototschnig (1991), ‘The Enforcement of Product Liability Rules: A Two-Country Analysis of Court Cases’ 9. Boudewijn Bouckaert and Gerrit De Geest (1995), ‘Private Takings, Private Taxes, Private Compulsory Services: The Economic Doctrine of Quasi Contracts’ 10. Claus Ott and Hans-Bernd Schäfer (1997), ‘Negligence as Untaken Precaution, Limited Information, and Efficient Standard Formation in the Civil Liability System’ 11. Mauro Bussani, Vernon Valentine Palmer and Francesco Parisi (2003), ‘Liability for Pure Financial Loss in Europe: An Economic Restatement’ PART III CONTRACTS AND CONSUMER PROTECTION 12. Steven N.S. Cheung (1969), ‘Transaction Costs, Risk Aversion, and the Choice of Contractual Arrangements’ 13. Janet T. Landa (1981), ‘A Theory of the Ethnically Homogeneous Middleman Group: An Institutional Alternative to Contract Law’ 14. Heidi Kroll (1987), ‘Breach of Contract in the Soviet Economy’ 15. Wouter P.J. Wils (1993), ‘Who Should Bear the Costs of Failed Negotiations? A Functional Inquiry into Precontractual Liability’ 16. Hein Kötz (2000), ‘Precontractual Duties of Disclosure: A Comparative and Economic Perspective’ 17. Ronald J. Gilson (1999), ‘The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, and Covenants Not to Compete’ 18. Pamaria Rekaiti and Roger Van den Bergh (2000), ‘Cooling-off Periods in the Consumer Laws of the EC Member States. A Comparative Law and Economics Approach’ Name Index Volume III Acknowledgements An introduction by the editors to all three volumes appears in Volume I PART I CORPORATE LAW AND ORGANIZATIONS 1. Mark J. Roe (1993), ‘Some Differences in Corporate Structure in Germany, Japan, and the United States’ 2. Michelle J. White (1996), ‘The Costs of Corporate Bankruptcy: A U.S.-European Comparison’ 3. Henry Hansmann and Ugo Mattei (1998), ‘The Functions of Trust Law: A Comparative Legal and Economic Analysis’ 4. Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 5. Bernard Black, Reinier Kraakman and Anna Tarassova (2000), ‘Russian Privatization and Corporate Governance: What Went Wrong?’ 6. Henry Hansmann and Reinier Kraakman (2001), ‘The End of History for Corporate Law’ 7. John C. Coffee, Jr. (2001), ‘Do Norms Matter? A Cross-country Evaluation’ PART II PROCEDURAL LAW 8. Geoffrey P. Miller (1997), ‘The Legal-Economic Analysis of Comparative Civil Procedure’ 9. J. Mark Ramseyer and Minoru Nakazato (1989), ‘The Rational Litigant: Settlement Amounts and Verdict Rates in Japan’ 10. Michael Adams (1995), ‘The Conflict of Jurisdictions – An Economic Analysis of Pre-trial Discovery, Fact Gathering and Cost Shifting Rules in the United States and Germany’ 11. Richard A. Posner (1996), ‘Lecture Three: Functional, Systemic Comparisons of Legal Systems’ 12. Robert D. Cooter and Tom Ginsburg (1996), ‘Comparative Judicial Discretion: An Empirical Test of Economic Models’ 13. Edgardo Buscaglia and Thomas Ulen (1997), ‘A Quantitative Assessment of the Efficiency of the Judicial Sector in Latin America’ Name Index

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Book SynopsisThis book offers a timely and critical evaluation of the Chicago School approach to antitrust law. Recent judgements by the United States Supreme Court (in cases such as Kodak) and the debate surrounding the Microsoft monopoly have led to the view that antitrust has entered the post-Chicago era, in which previous immoderations are tempered, and more refined and accurate analyses take precedence. This claim is made at a time when European competition policy is gradually embracing an economics-based approach. The authors discuss the economic foundations of competition policy and the different ways in which both American and European competition law does - or does not - take account of economic insights. Although the book makes no claim to provide a definitive answer to the host of questions arising from the complexities of antitrust, it does offer an important contribution to a better understanding of the many 'interfaces' between economic thinking and sound legal policy.More than 20 years on from the initial successes of the Chicago School, this book provides a timely appraisal of developments in antitrust law. It will be an enlightening and challenging read for a host of academics, practitioners and policymakers including industrial and political economists, lawyers, regulators and corporate strategists.Table of ContentsContents: 1. The Reckoning of Post-Chicago Antitrust Herbert Hovenkamp 2. The Difficult Reception of Economic Analysis in European Competition Law Roger Van den Bergh 3. Apreface to Post-Chicago Antitrust Jonathan B. Baker 4. Post-Chicago, Post-Seattle and the Dilemma of Globalization Eleanor M. Fox 5. The Bounds Approach to Antitrust Patrick Van Cayseele 6. Dynamic Efficiency and US Antitrust Policy Rudolph J.R. Peritz 7. ‘Obvious’ Consumer Harm in Antitrust Policy: The Chicago School, the Post-Chicago School and the Courts John E. Lopatka and William H. Page 8. Second Order Oligopoly Problems with International Dimensions: Sequential Mergers, Maverick Firms and Buyer Power Michael S. Jacobs 9. Rule Fixing: An Overlooked but General Category of Collusion Robert H. Lande and Howard P. Marvel 10. Raising Consumers’ Costs as an Antitrust Problem: A Sketch of the Argument from Kodak to Microsoft (the European Proceedings) Francesco Denozza 11. How Safe is the King’s Throne? Network Externalities on Trial Roberto Pardolesi and Andrea Renda 12. The Vertical Price Fixing Controversy Antonio Cucinotta 13. The Competitive Dynamics of Distribution Restraints: Efficiency versus Rent Seeking 280 Peter C. Carstensen 14. Cooperation, Competition and Collusion Among Firms at Successive Stages Robert L. Steiner Index

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Book SynopsisThe past decade has witnessed a proliferation of regulatory agencies at both the national and the EU level. This coherent and clearly structured book is the first of its kind to analyse in equal measure, and interdependently, both national regulatory authorities and European agencies. It brings together a select group of highly esteemed contributors - authorities in their fields - to provide a systematic and over-arching view of regulation in the EU. Unlike many of the previous attempts to shed light on this increasingly opaque and complex co-existence of regulatory systems, this book takes a genuinely multi-disciplinary approach with integrated perspectives from law, politics and economics. Exploring firstly the rationales for the existence of agencies, the book then goes on to examine how agencies are designed in the EU before considering the legal and political challenges they raise, and finally comparing them with international agencies and agencies in an enlarged Europe and the wider world.Academic researchers in the fields of law, economics and politics will find Regulation through Agencies in the EU of great interest as will EU law practitioners, policymakers and regulators in Europe.Trade Review'. . . those interested in regulatory politics in Europe will find this book a useful set of essays.' -- Michelle Egan, European Law ReviewTable of ContentsContents: Part I: Rationales for Setting Up Agencies 1. The Politics of Regulation in the European Union Paul Magnette 2. Regulation of Liberalised Markets: A New Role for the State? (Or How to Induce Competition Among Regulators) Phedon Nicolaïdes Part II: The Design of Agencies in the EU 3. Independent Regulatory Agencies and Elected Politicians in Europe Mark Thatcher 4. Agencies for European Regulatory Governance: A Regimes Approach Colin Scott 5. Delegation to EU Non-Majoritarian Agencies and Emerging Practices of Public Accountability Deirdre Curtin 6. Independence, Accountability and Transparency of European Regulatory Agencies Ellen Vos Part III: Challenges Raised by Agencies in the EU 7. Good Governance and European Agencies: The Balance Michelle Everson 8. Coordination of European and Member State Regulatory Policy: Horizontal, Vertical and Transversal Aspects Pierre Larouche 9. The Proliferation of National Regulatory Authorities Alongside Competition Authorities: A Source of Jurisdictional Confusion? Nicolas Petit Part IV: Agencies in a Comparative and International Perspective 10. The Development of European Regulatory Agencies: Lessons from the American Experience Damien Geradin 11. Regulation and Globalization: Interactions between International Standard-setting Agencies and the European Union Jan Wouters and Sten Verhoeven Index

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Book SynopsisModelling European Mergers presents a comprehensive and fresh perspective on the economic analysis of mergers by leading academics and competition policymakers from Europe and the US. The book frankly discusses the pros and cons of using applied game theory models in merger control from historical and theoretical perspectives. Seven case studies on the actual use of advanced techniques and models in legal procedures provide a perspective from the national competition authorities in Belgium, Denmark, Italy, The Netherlands and Sweden on markets that range from basic goods such as bread and aperitifs to complex products such as electricity, literature and software. The case studies provide many insights into practical issues such as data collection, procedures and errors of predication, as well as in the relative merits of different econometric approaches. A recurring theme of the book is how economic insights can be translated into convincing legal decisions.The contributions cover a broad spectrum of markets, methods and countries and the contributors offer incisive reflection on the increasing use of economics in competition policy.This unique book is a thorough transatlantic discussion of academic and policy insights combined with applications based on actual decisions. It will appeal to legal and economic professionals who deal with and advise on mergers and acquisitions whether they be in a ministry, central bank or competition authority setting. Scholars and students interested in analysing markets, law and economics, industrial organization and applied econometrics will also find much to interest them in this work.Trade Review'This book is a must-read for those representing potential merger parties or involved in the regulation of Australian mergers. The book is a collection of well-organised and thoughtful papers by very qualified authors.' -- Deirdre L. Hay, Competition and Consumer Law Journal'. . . the book provides a timely and comprehensive overview of an important recent development in merger control in Europe. . . Anyone interested in merger simulation, as a practitioner or as an academic, will therefore profit from studying this volume thoroughly.' -- Arndt Christiansen, European Competition Law Review'[This book] is important because it reports on the discussion among competition policy experts about the strengths and weaknesses of economic methods that have been and will be increasingly used in merger cases. It shows the potential of the decentralized European structure at its best. European competition authorities learn from each other's experiences and discuss their approach with colleagues and academic experts from other jurisdictions. In addition the transparency offered by this book allows firms, consultants, economists and legal experts to assess the pros and cons of the empirical economic approach to merger analysis.' -- From the preface by Neelie Kroes (European Competition Commissioner)Table of ContentsContents: Preface by Neelie Kroes 1. How to Merge with Law and Economics? Part I: European Policy Perspectives 2. Economic Analysis and Competition Policy Enforcement in Europe 3. European Merger Control: A Case of Second Mover Advantage? Part II: Strengths and Weaknesses of Simulation Models 4. Merger Simulation: Potentials and Pitfalls 5. On the Use of Economic Modelling in Merger Control 6. Merger Simulation Analysis: An Academic Perspective 7. Mergers and the New Guidelines: Lessons from Hachette–Editis Part III: European Case Studies 8. Simulating Merger Price Effects Using PCAIDS with Nests: The Italian Aperitif Market 9. Simulating the Effect of Oracle’s Takeover of PeopleSoft 10. Modelling the Electricity Market: Nuon–Reliant 11. Modelling Danish Mergers: Approach and Case Studies 12. On Simulation and Reality: A Swedish Example 13. What Merger Simulation is Not: Hessenatie–Noord Natie in Retrospect References Index

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Book SynopsisEconomic analysis is becoming an increasingly powerful means of illuminating the European Union legal system, both as a method of deciphering and of influencing EU policy. This important volume focuses upon this relationship between economics and EU law, elucidating both the complex and complementary nature of these two subjects. This authoritative selection of articles includes topics such as the politics of European federalism, the law and economics of immigration policy, judicial review and corporate governance in the European Union. Professor Stephan's perceptive introduction highlights the interrelated aspect of these subjects and the potential conclusions to be drawn from the volume as a whole.Trade Review'. . . recommended for those who seek to have a convenient collection in one volume of various essays on a diverse range of topics of the economics of EU law.' -- Vincent J.G. Power, International Company and Commercial Law ReviewTable of ContentsContents: Acknowledgements Introduction Paul B. Stephan PART I THE POLITICAL ECONOMY OF THE EUROPEAN UNION 1. Alberto Alesina, Ignazio Angeloni and Ludger Schuknecht (2005), ‘What Does the European Union Do?’ 2. Robert Cooter and Josef Drexl (1994), ‘The Logic of Power in the Emerging European Constitution: Game Theory and the Division of Powers’ 3. Dennis C. Mueller (1998), ‘Constitutional Constraints on Governments in a Global Economy’ 4. Juan-Jose Ganuza and Esther Hauk (2004), ‘Economic Integration and Corruption’ 5. George Tridimas (2004), ‘A Political Economy Perspective of Judicial Review in the European Union: Judicial Appointments Rule, Accessibility and Jurisdiction of the European Court of Justice’ 6. J.H.H. Weiler (1991), ‘The Transformation of Europe’ PART II THE EUROPEAN UNION AS A COMMON MARKET 7. William W. Bratton and Joseph A. McCahery (2001), ‘Tax Coordination and Tax Competition in the European Union: Evaluating the Code of Conduct on Business Taxation’ 8. Michael J. Graetz and Alvin C. Warren, Jr. (2006), ‘Income Tax Discrimination and the Political and Economic Integration of Europe’ 9. Tomer Broude (2006), ‘Between Pax Mercatoria and Pax Europea: How Trade Dispute Procedures Serve the EC’s Regional Hegemony’ PART III CENTRALIZATION AND SUBSIDIARITY 10. Jenna Bednar, John Ferejohn and Geoffrey Garrett (1996), ‘The Politics of European Federalism’ 11. Fritz Breuss and Markus Eller (2004), ‘The Optimal Decentralisation of Government Activity: Normative Recommendations for the European Constitution’ 12. Bruno S. Frey and Reiner Eichenberger (1996), ‘FOCJ: Competitive Governments for Europe’ PART IV THE EUROPEAN UNION AND COMPETITION POLICY 13. Paul B. Stephan (2005), ‘Global Governance, Antitrust, and the Limits of International Cooperation’ 14. Ben Depoorter and Francesco Parisi (2005), ‘The Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition’ PART V THE EUROPEAN UNION AND CORPORATE GOVERNANCE 15. Dennis C. Mueller (2005), ‘The Economics and Politics of Corporate Governance in the European Union’ 16. Jeffrey N. Gordon (2003), ‘An International Relations Perspective on the Convergence of Corporate Governance: German Shareholder Capitalism and the European Union, 1990–2000’ 17. Luca Enriques and Matteo Gatti (2006), ‘The Uneasy Case for Top-Down Corporate Law Harmonization in the European Union’ PART VI THE EUROPEAN MONETARY UNION 18. Robert P. Inman and Daniel L. Rubinfeld (1994), ‘The EMU and Fiscal Policy in the New European Community: An Issue for Economic Federalism’ 19. Martin Feldstein (1997), ‘The Political Economy of the European Economic and Monetary Union: Political Sources of an Economic Liability’ PART VII CITIZENSHIP, VOICE AND LOYALTY 20. Dennis C. Mueller (2004), ‘Rights and Citizenship in the European Union’ 21. Michael J. Trebilcock (2003), ‘The Law and Economics of Immigration Policy’ Name Index

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Book SynopsisThis book examines some of the major origins of change in institutions and policies in European governance. The authors combine a sophisticated institutional analysis with in-depth insights into European policies across a wide variety of policy fields. The fields examined are higher education, employment, research, police co-operation, as well as foreign affairs, trade, energy, and security and defence policy. Presenting the fruit of years of collaboration in an EU-funded Research Training Network, the authors expand the mechanisms through which political actors transform apparent deadlock into actual change in European policy making.Providing a systematic treatment of changing modes of European governance, Dynamics and Obstacles of European Governance will be of great interest to those in the fields of international politics and European studies, as well as European law and policy studies.Table of ContentsContents: Preface Introduction: Yet it Moves: Overcoming Obstacles in European Governance PART I: THE DYNAMICS OF CHANGING MODES OF GOVERNANCE IN EUROPE 1. Variations on Soft EU Governance: The Open Method(s) of Coordination Elissaveta Radulova 2. The Emergence of the Bologna Process: Pan-European Instead of EU Governance Cornelia Racké 3. Governing Security in the European Union: Institutions as Dynamics and Obstacles Christopher Reynolds 4. The EU Regulatory Trade Agenda and the Quest for WTO Enforcement Dirk De Bièvre PART II: POLICY CHANGE IN EU EXTERNAL RELATIONS 5. Avoiding Deadlock in European Trade Policy Andreas Dür 6. Unwelcome Europeans: EU External Governance and Shallow Europeanisation in Ukraine Stephan Hofer 7. Liberty and Security in Anti-Terrorist Police Cooperation in the EU Simon Dalferth 8. Conflicting Expectations in Overlapping Systems of Multi-Level Governance Pat Lyons 9. Decision-Making by Antagonistic Representation: On the Path to Conflict Prevention and Crisis Management Mariano Barbato and Isabelle Tannous Index

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Book SynopsisThis book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China's legal and economic system, and some recent problems, from this particular viewpoint.The authors apply an economic analysis of law not only to general characteristics of China's social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of developed countries can be applied to a country like China as well. The European scholars use law and economics in order to determine what China could learn from the European experience. The Chinese scholars discuss whether law and economics can be of any use in analysing the particular features of the Chinese legal system today.Economic Analysis of Law in China will appeal to lawyers, economists and social scientists in China interested in developing legal institutions with an eye on economic efficiency. Scholars generally interested in the economic analysis of law, as well as in the comparison and transition of economic systems, will also find much in this book that will be of interest to them.Trade Review'This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context.' -- The China Journal'This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development - provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations.' -- Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US'This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars - both Western and Chinese - it should serve as a valuable reference work for years to come.' -- Steven Shavell, Harvard Law School, US'This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe.' -- Hans-Bernd Schaefer, Universitat Hamburg, GermanyTable of ContentsContents: Preface PART I: BASIC FEATURES OF THE CHINESE ECONOMIC SYSTEM 1. A Comparison of Chinese and European-Style Federalism from a Law and Economics Perspective Thomas Eger and Margot Schüller 2. The Road to Efficient Taxation in China Pierre Garello 3. Legal Pluralism in the Governance of Transitional China Jianwei Zhang and Yijia Jing PART II: SPECIFIC ASPECTS OF THE CHINESE LEGAL SYSTEM FROM AN ECONOMIC PERSPECTIVE 4. The Economics of Competition Policy and the Draft of the Chinese Competition Law Roger Van den Bergh 5. The Law and Economics of Professional Regulation: What Does the Theory Teach China? Niels J. Philipsen 6. Regulatory Arrangements and Incentives for Opportunistic Behaviour Anthony I. Ogus 7. Special Treatment (ST) Firms and Administrative Governance of Capital Markets in China Julan Du, Lucy Liu Yajun and Sonia M.L. Wong 8. Monitoring Problems versus Fiduciary Duties in Chinese Stock Companies: An Economic and Comparative Analysis on Corporate Governance Qing-Yun Jiang 9. The Stable Self-Enforcement and Distribution of Property Right: The Right to Virtual Property in MMORPG Jian Wei and Shanguo Xue PART III: CHINA IN THE WORLD ECONOMY 10. Intellectual Property Law and Policy and Economic Development with Special Reference to China Anselm Kamperman Sanders 11. Economic Analysis of Compensation for Oil Pollution Damage in China Michael Faure and Wang Hui PART IV: CONCLUDING REMARKS 12. Conclusions Thomas Eger, Michael Faure and Zhang Naigen Index

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Book SynopsisThis comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union. Contributors: H. Brucker, F. Cafaggi, E. Carbonara, T. Eger, M.G. Faure, J. Fidrmuc, N. Garoupa, F. Gomez, M.J. Holler, P.C. Leyens, B. Luppi, A. Nicita, R. Pardolesi, F. Parisi, J. Pelkmans, H.-B. Schafer, H. Siekmann, G. Tsebelis, S. Voigt, H.-J. WagenerTable of ContentsContents: Introduction Thomas Eger and Hans-Bernd Schäfer PART I: THE CONSTITUTIONAL FRAMEWORK OF THE EU 1. A Constitution Like Any Other? Comparing the European Constitution with Nation State Constitutions Stefan Voigt 2. The Rules of Decisionmaking in EU Institutions George Tsebelis 3. EU Decision Making and the Allocation of Responsibility Manfred J. Holler 4. Can Member State Liability for the Infringement of European Law Deter National Legislators? Hans-Bernd Schäfer 5. Subsidiarity for a Changing Union Emanuela Carbonara, Barbara Luppi and Francesco Parisi PART II: BASIC FREEDOMS 6. Mutual Recognition: Economic and Regulatory Logic in Goods and Services Jacques Pelkmans 7. The Law and Economics of the Free Movement of Persons in the European Union Herbert Brücker and Thomas Eger PART III: CORPORATION LAW AND CORPORATE GOVERNANCE 8. Corporate Governance in Europe: Foundations, Developments and Perspectives Patrick C. Leyens PART IV: PRIVATE LAW 9. Private Law I: Tort Michael G. Faure 10. Private Law II: Contract Fernando Gomez PART V: CONSUMER PROTECTION 11. The Evolution of Consumer Protection in the EU Fabrizio Cafaggi and Antonio Nicita PART VI: LAW ENFORCEMENT 12. An Economic Analysis of Legal Harmonization: The Case of Law Enforcement within the European Union Nuno Garoupa 13. Private Enforcement of Antitrust Law Roberto Pardolesi PART VII: DIVERSITY IN UNITY 14. Eastern Enlargement of the European Union Hans-Jürgen Wagener 15. The Economics of Multilingualism in the EU Jan Fidrmuc PART VIII: MONETARY INSTITUTIONS AND MONETARY POLICY 16. Law and Economics of the Monetary Union Index

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Book Synopsis'They have built a dam across the rivers of justice and then they complain of the drought in the field below.' - With these stinging words W. Clarke Durrant III, then Chairman of the Legal Services Corporation, admonished the American Bar Association in 1987 for its use of monopoly prices to exclude less affluent Americans from access to civil justice.The Right to Justice reviews the history of legal services in the US from its origins in the 1890s to the multi-million dollar Federal program of the late 20th century. But this is no ordinary text. Charles Rowley skilfully shows how government transfers tend to be dissipated in competitive rent-seeking by special interest groups, that much of what is left tends to be subverted to the agendas of the more powerful groups and that the residuals tend to be inefficiently managed by a poorly monitored and ideologically motivated supply bureaucracy. The upshot is that customer preferences play little or no role in the allocation of resources within the legal services budget.In a veritable tour de force, Charles Rowley places the US Federal legal services program on the scholarly rack of public choice - which analyses individual behaviour in terms of universal self-seeking motivations in a political market. He offers a convincing unique explanation of the forces that have subverted a well meaning attempt to assist poor Americans into a co ordinated attack on the central institutions of the family, capitalism and of Madisonian Republicanism which together constitute the essence of the American dream.Trade Review'It is not often that an original work in economics can be read simultaneously by both the specialist and non-specialist with a general understanding of economics. As the first full-scale study of the Locke Institute, founded by the author to stimulate research into constitutional and legal economics to reach a wide public, the work sets a standard which future authors will find great difficulty in emulating.' -- Sir Alan Peacock, The David Hume Institute, Edinburgh, UK'The Right to Justice is in a class by itself. Charles Rowley's attack on the Chicago School of Political Economy is all the more damaging because it shares much the same classical liberal perspective. Marshalling a vast amount of information and insights from different schools of thought, Rowley shows that US government's pattern of legal aid to the poor cannot be explained by the Chicago political economy model, and then goes on to provide his own original and perceptive explanation.' -- Mancur Olson, formerly, University of Maryland at College Park, US'The Right to Justice is a masterful achievement. It deserves to be read widely.' -- William F. Shughart II, University of Mississippi, US'Charles Rowley has done what few have been able to do: penetrate the fog in Washington with the clear light of reason in order to maximize justice for all.' -- W. Clark Durant III, Chairman, Board of Directors, The Legal Services Corporation, 1985-89'The Locke Institute has started its series with The Right to Justice by Charles Rowley. The theme of this book is well scored by the picture on the cover which shows a well dressed lawyer gaining while two poor blacks are left out. Advocates of government aid to various legal programs assume that they benefit the poverty population when as a matter of fact they primarily benefit a special portion of the bar. Rowley clearly and definitely disposes of this myth.' -- Gordon Tullock, George Mason University, US'This is an important book, for two main reasons. . . . it provides a thorough analysis of the differences between the Chicago and the Virginia schools of political economy. Second, it shows that consumer preferences play virtually no role in determining the allocation of public resources to civil-justice access programs. . . . Apart from providing a salutary lesson for those concerned with improving access to civil justice, the book should appeal to those interested in modern political economy.' -- Ian McEwin, AgendaTable of ContentsPart 1 History: the historical perspective. Part 2 The philosophic divide: goals; methods of analysis. Part 3 Litigation, lobbying and the law: litigation and the common law; lobbying and the law of legislation. Part 4 The purveyors and brokers of civil justice for the poor: the nature of the legal services bureacracy; the two ends of the avenue. Part 5 The market in civil justice for the poor: producers who do not sell; consumers who do not buy; owners who do not control. Part 6 The evidence: the battle over the budget; the hubris of ideology; the nemesis of poverty; the triumph of the special interests; inky blots and rotten parchment bonds. Part 7 Towards tomorrow: the route to institutional reform.

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Book SynopsisThis collection presents an authoritative selection of the most important articles in law and economics literature, written by distinguished scholars such as Ronald Coase, Robert Cooter, Henry Manne, Steven Shavell and Oliver Williamson. The articles are arranged by theme into 12 sections, ranging across the entire spectrum of private and public law.66 articles, dating from 1960 to 1995 Contributors: G. Becker, G. Calabresi, R. Coase, R. Cooter, H. Demsetz, R. Epstein, W. Landes, H. Manne, S. Shavell, G. Stigler, O. WilliamsonTrade Review'In the context of the Elgar reference collection, a remarkable compendium of law and economics has just appeared in three volumes collecting all the requisite articles that, from the point of view of a scholar trained in the American law and economics tradition, would be relevant to be considered. . . . I consider this a very important contribution to the tool shed of the law and economics practitioner.' --Jürgen Backhaus, European Journal of Law and Economics'This book is a useful addition to the literature on legal economics. . . . It deserves to be a required reading for a foundations course in legal studies and public policy analysis.' --M. Ahsan Habib, Bimonthly Review of Law BooksTable of ContentsContents: Volume I: Part I: The Law and Economics Movement: History and Methodology Part II: Courts and the Efficiency of the Common Law Part III: Beyond Courts and Legislators: Other Sources of Law Part IV: The Coase Theorem and the Economics of Property Rights • Volume II: Part I: The Economics of Contract Law Part II: Tort Law and Liability Systems Part III: The Economics of Criminal Law and Its Enforcement • Volume III: Part I: The Economics of Family Law Part II: Corporations and Business Law Part III: Constitutional and Statutory Law Part IV: The Economics of Free Speech Part V: Labour Law and Employment Discrimination

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Book SynopsisThis book investigates monopoly policy in the UK from 1973-1995 using all of the monopoly cases which the Monopolies and Mergers Commission (MMC) reported on during this period. It provides a rigorous analysis of 14 detailed case studies, and focuses specifically on those cases where the MMC sought to introduce change through price controls, termination of anti-competitive practices or divestment. It assesses how effective such measures have been in combating problems such as monopoly pricing, collusion, predatory and discriminatory pricing and different forms of vertical restraint. From the evidence, the authors discuss the strengths and weaknesses of current policy and examine the scope for reform.This book will be of interest to students and researchers interested in competition policy, industrial organisation, the British economy and business strategy.Trade Review'The main strength of the book is in its innovative structure and also in methodology. In addition to the arguments provided in the book the case study approach helps raising many intricate issues relating to market structure and behaviour of firms. Many of these issues have important theoretical implications and would have been lost in the maze of econometric approach. The theoretical discussions on monopoly types preceding case studies are helpful in understanding the cases. The book will be useful to the policymakers and students of market structure and market control.'Table of ContentsContents: 1. Introduction Part I: An Overview 2. Review of UK Competition Policy in General 3. MMC Investigations of Monopoly 4. Methodology and Selection of Case Studies Part II: The Case Studies 5. Monopoly Pricing and Price Leadership 6. Collusive Practices 7. Predatory Pricing 8. Vertical Restraints Part III: Conclusions 9. An Overall Assessment of the Effectiveness of Policy 10. The Case for Reform Appendix

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Book SynopsisThe pioneering work of Judge Richard Posner has brought to light the broad relevance of economics to virtually all areas of law. During the last three decades, Judge Posner has provided seminal contributions to the development of an overarching economic theory of law, with applications including traditional legal subjects, such as torts and contracts, as well as non-standard topics, such as his study of primitive law and ancient customs. This selection of Posner's essays reveals the importance of economic efficiency as a driving force in the formation of private law. The rigorous and insightful introduction by Francisco Parisi discusses Posner's unparalleled influence on the evolution of law and economics and the understanding of the economic foundations of private law.In particular he discusses: anthropology and the emergence of law tort law contract law family law the economics of privacy. The Economics of Private Law will be essential reading for economists, lawyers and judges alike.Trade Review'This is a well edited collection of important papers which will find a home in university libraries throughout the world. The volume stands testimony to the significance of Richard Posner as the leading thinker of the L and E School.' -- K. Lawler, Economic IssuesTable of ContentsContents: Introduction Part I: Anthropology and the Emergence of Law Part II: Tort Law Part III: Contract Law Part IV: Family Law Part V: The Economics of Privacy Index

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Book SynopsisJudge Richard A. Posner's work on the economics of public law is a critical component of the interaction between the new law and economics movement and public choice theory. It exemplifies the parallel influence that these two important intellectual movements have had on the current understanding of legal institutions. Together with an insightful introduction by Francesco Parisi, this volume brings together his most important contributions on areas such as: the economics of constitutional law and legislation the economics of criminal law the economics of labour law and employment discrimination the economics of antitrust. The Economics of Public Law will be essential reading for economists, lawyers and judges alike.Table of ContentsContents: Introduction Part I: Legislation and Constitutional Law Part II: Criminal Law Part III: Labor Law and Employment Discrimination Part IV: Regulation and Antitrust Index

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Book SynopsisThis volume offers a selection of the works of one of the most persuasive and sophisticated theorists of the free economy and the free society, Arthur Asher Shenfield.Arthur Asher Shenfield was a classical liberal and an astute critic of misguided government intervention in a free economy. He produced sophisticated refutations of both full-blooded socialism and the milder varieties of collectivism and welfarism pioneered in Scandinavia and Western Europe. He was a keen observer of American affairs and included here is a selection of his essays on constitutionalism and law in the United States. These essays trace the decline in legal protection that America has given economic agents and examine the rise of socialist influences in the American judiciary system. Shenfield also offers a robust account of the legal and economic effect of US and European anti-trust law, as well as discussing the adverse effect on economic efficiency caused by trade unions.In these essays, Arthur Asher Shenfield has made the law and economics of a free society accessible to businessmen and policymakers as well as to scholars and students of classical liberal philosophy and law.Trade Review'There is far more wisdom on a broad array of subjects to be found in this book than a review can possibly do justice to. Shenfield's writings will prove to be worthwhile reading for anyone who is a friend of liberty.' -- William Peterson, Ideas on Liberty'This remarkable book is an essential read for the specialist, as well as the general reader who wants a really clear account of the law and economics of a free society. . . . this beautifully produced edition must surely go a long way towards achieving the recognition which is so much his due. . . . Arthur Shenfield's stimulating views on competition law alone are enough to make this book an indispensable read.' -- Allister Heath, Economic Affairs'A rare combination of the scholar and practitioner, learned in both law and economics, Arthur Shenfield's writings range widely yet are all illuminated by a deep understanding of the requirements of a free society. A pleaure to read, they can be highly recommended to everyone interested in understanding how to achieve and preserve a free society.' -- Milton Friedman, Hoover Institution, US'Classical liberalism needs more barristers like Arthur Asher Shenfield, who was a genuine master in the give-and-take of oral argument. It is useful to have his written essays available to those who cannot share his persuasive presence more directly. And, for those of us who remember him, we can read these essays as we listen to Arthur Shenfield in our memory.' -- James M. Buchanan, Center for Study of Public Choice, George Mason University, USTable of ContentsContents: 1. A Biography (Charles K. Rowley) Part I: Law, Economy and the State 2. Friedrich A. von Hayek 3. The New Thought of F.A.Hayek 4. Hayek on Law 5. Equality before the Law 6. Must we Abolish the State? 7. The New Deal and the Supreme Court Part II: The Meaning of the Market 8. The Nature of Competition 9. The Economic System – Rules versus Authorities 10. Conservatism and the Liberal Economy 11. Myth and Reality in Anti-trust Part III: Socialism: The Fatal Conceit 12. Myth and Reality in Economic Systems 13. The Failure of Socialism Part IV: Trade Unions: Above the Law 14. The Rise of Trade Union Power in Britain 15. What About the Trade Unions? 16. Unions and National Politics 17. Thatcher’s Reform of Britain’s Labour Unions 18. Big Government, Big Labour and Big Business Part V: The Spirit of Capitalism 19. Capitalism under the Tests of Ethics 20. Sense and Nonsense about the Corporation 21. The Businessman and the Politician 22. The Roots of American Discontent 23. The Ideological War Against Western Society 24. The Ugly Intellectual

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Book SynopsisThe Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.Table of ContentsPreamble.- Part One Principles.- Title I Categories and Areas of Union Competence.- Title II Provisions Having General Application.- Part Two non-Discrimination and Citizenship of the Union.- Part Three Union Policies and Internal Actions.- Title I The Internal Market.- Title II Free Movement of Goods.- Chapter 1 The Customs Union.- Chapter 2 Customs Cooperation.- Chapter 3 Prohibition of Quantitative Restrictions Between Member States.- Title III Agriculture and Fisheries.- Title IV Free Movement of Persons, Services and Capital.- Chapter 1 Workers.- Chapter 2 Right of Establishment.- Chapter 3 Services.- Chapter 4 Capital and Payments.- Title V Area of Freedom, Security and Justice.- Chapter 1 General Provisions.- Chapter 2 Policies on Border Checks, Asylum and Immigration.- Chapter 3 Judicial Cooperation in Civil Matters.- Chapter 4 Judicial Cooperation in Criminal Matters.- Chapter 5 Police Cooperation.

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Book SynopsisThe legal system of the present-day Czech Republic cannot be understood without sufficient knowledge of its historical roots and evolution. Kuklik traces the development of Czech law from its origins as a form of Slavic law to its current position, reflecting the influence of both Roman law and the legal systems of neighboring countries. The twentieth century is of particular importance due to the establishment of an independent Czechoslovakia in 1918 and its split in 1993 into the Czech Republic and the Slovak Republic. It was a century encompassing periods of democratic as well as totalitarian regimes, and major political, ideological, economic, and social changes, making Czech Law in Historical Context an ideal case study for researchers interested in the transition of democratic legal systems into totalitarian regimes, and vice versa.

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