law textbooks from cambridge 2014

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Law Textbooksfrom Cambridge

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Cambridge TextbooksLeading the way in Law

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

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

by experts in their field, providing students and lecturers with authoritative, engaging and

thought-provoking material to enhance their learning experience.

Our textbooks are available in print or as eBooks, enabling students to access their content

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ContentsContract Law01 Contract Law

Comparative Law02 Comparative Law

Competition Law03 An Introduction to EU

Competition Law

04 International and Comparative Competition Law

05 EC Competition Law

Constitutional and Administrative Law06 British Government and the

Constitution

07 Law and Administration

Corporate and Commercial Law08 Collier’s Conflict of Laws

09 Commercial Law

10 Corporate Insolvency Law

Criminal Law11 Lacey, Wells and Quick Reconstructing

Criminal Law

12 Sentencing and Criminal Justice

Dispute Settlement13 The Principles and Practice of

International Commercial Arbitration

14 International Dispute Settlement

15 International Commercial Litigation

15 Dispute Processes

E-commerce Law16 Law and the Technologies of the

Twenty-First Century

European Law17 European Union Law

18 European Union Internal Market Law

19 EU External Relations Law

20 An Introduction to European Law

21 Essentials of EU Law

22 European Constitutional Law

23 The Cambridge Companion to European Union Private Law

Human Rights Law24 International Human Rights Law

25 International Human Rights Law and Practice

Humanitarian Law26 War, Aggression and Self-Defence

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

International Economic and Trade Law28 The Law and Policy of the World

Trade Organization

International Law29 International Law (Shaw)

30 An Introduction to International Criminal Law and Procedure

31 Modern Treaty Law and Practice

32 International Law (Klabbers)

33 Foundations of International Migration Law

34 Principles of International Environmental Law

35 The International Law of the Sea

36 Handbook of International Law

37 The International Law on Foreign Investment

38 An Introduction to International Institutional Law

38 International Environmental Law

Labour Law39 Labour Law

Law and Religion40 Law and Religion

41 An Introduction to Islamic Law

Legal Skills42 Modern Legal Drafting

43 The Art of Argument

44 How to do Things with Rules

45 Lawyering Skills and the Legal Process

Medical Law46 Medical Law and Medical Ethics

Property Law47 A Student’s Guide to Equity and Trusts

48 Housing Law and Policy

49 Trusts Law

Tort Law50 Atiyah’s Accidents, Compensation

and the Law

New and new edition titles are highlighted in bold.

@legal_editions Search for us on Facebook at CambridgeUniversityPressLaw

1 Contract LawContract LawNeil Andrews, University of Cambridge

This textbook takes a fresh approach to contract law. It is comprehensive

and scholarly, with chapter introductions that clearly guide students through

the material. An examination of the historical and theoretical foundations

of the subject and a concluding chapter tracking emerging fields ensure the

broadest possible perspective. Discussion of key cases makes this important

text a must for contract law students.

• Written by an experienced teacher, who uses his extensive teaching practice to balance comprehensive scholarship with clarity and understanding.

• By breaking down and discussing individual elements of a case and using short key extracts, it gives students the tools to read cases independently and with confidence.

• Maps the curriculum perfectly, with references and further reading sections to encourage students to explore the subject further.

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

Available Now 2011, 247 x 174 mm, 796pp9780521124676 £35.00/$65.00 PB9780521199438 £77.00/$125.00 HB

”

“Excellent research that maps

the understanding of the law of

contract with a lucid and concise

critical engagement of the ‘must

know’ syllabus. Extremely useful

for its summary points and detailed

analysis of leading cases, this book

offers a synthesis of all you need

to know without becoming too

exhaustive.”

Anca Chirita,

Durham University


2Comparative LawComparative LawMathias Siems, University of Durham

This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both

students and scholars. It critically discusses established approaches to comparative law, but also presents

more modern ones, such as socio-legal and numerical comparative law. Its contextualised approach draws

on examples from politics, economics and development studies to provide an original contribution to

topics of comparative law.

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

• Practical examples illustrate how the subject can be applied.

• Examples from various legal systems give global perspective.

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

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

Available May 2014247 x 174 mm, 440pp9780521177177 c.£27.99/$45.00 PB9781107003750 c.£65.00/$110.00 HB

part of the Law in Context series


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

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

competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse

of a dominant position and merger control are discussed and a separate chapter on cartels

ensures the student receives the broadest possible perspective on the subject. In addition, the

book’s consistent structure aids understanding: section summaries underline key principles,

questions reinforce learning and essay discussion topics encourage further exploration. By setting

out the economic principles which underpin the subject, it allows the student to engage with the

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

style make this required reading for all students of the subject.

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

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

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

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



4Competition LawInternational and Comparative Competition LawMaher M. Dabbah, Queen Mary, University of London

This thorough appraisal of competition law and policy covers the role of different

international organisations, the significance of multinational enterprises and the

differences between US and EU systems. Maher M. Dabbah looks at the law and

policy in developing countries and at a regional level, the internationalisation of

competition law and the doctrines of extraterritoriality, bilateral cooperation and

multilateral cooperation, as well as the relationship between competition and trade

policy. The book will be useful to anyone interested in the international dimension of

competition law and policy. It is written in a language and style which make such a

complex topic both possible to understand and enjoyable.

• Examines competition law from an international-comparative perspective, enabling members of the competition law community to develop such a perspective.

• Discusses questions of policy, helping those who are interested in policy debates or formulation in the field.

Contents1. Geographical expansion and increase in significance of competition law 2. The internationalisation of competition law: concepts, ideas, options and players 3. The involvement of international bodies and organisations in the field of competition law and policy 4. EU competition law regime5. US competition law regime 6. Competition law and policy in developing countries 7. Regional competition law and policy 8. The unilateral option: extraterritorial assertion of jurisdiction 9. The bilateral option: cooperation between competition authorities 10. The multilateral option: cooperation through binding and non-binding commitments 11. Competition and trade policy


”

Dabbah … builds upon his

previous research as well as his

practical knowledge to create a

book that not only surveys the

developments that are relevant to

the themes of the book but also

offers thoughtful and thought-

provoking insights, suggestions,

and comments.”

Book reviews,

World Competition

part of the Antitrust and

Competition Law series


5 Competition LawEC Competition LawGiorgio Monti, London School of Economics and Political Science

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

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

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

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

The economic and political debates on competition law show that it is a contested terrain,

and the way courts and competition authorities apply the law reflects their responses

to the objectives and economics of competition law. By characterising the application of

competition law as a continuous response to policy and economic debates, the author casts

fresh perspectives on the subject. Written with competition law students in mind, Monti

sets out economic concepts in a non-technical manner and explores the policy dimension of

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

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

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

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

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

Available Now 2007, 247 x 174 mm, 566pp9780521700757 £40.00/$65.00 PB

”

… the most readable and yet

thoughtful account on the market.

Whilst being very practical, it has

the great benefit of making clear

the distinctive contributions of law

and politics (not simply economics)

to competition law in the EU.”

Daniel Wilsher,

City University London



6Constitutional and Administrative LawBritish Government and the Constitution Text and MaterialsColin Turpin, University of Cambridge Adam Tomkins, University of Glasgow

This 7th edition has been thoroughly updated by Colin Turpin and Adam Tomkins. It takes into account constitutional developments under the coalition government and examines recent case law of the Supreme Court, the European Court of Justice and the European Court of Human Rights. It includes extensive material and commentary on contemporary constitutional practice, the historical traditions and continuity of the British constitution and the current tide of change. Designed principally for law students, the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law, making it ideal for politics and government students. With its fresh design it provides a full yet accessible account of the British constitution at a

fascinating moment in its ongoing development.

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

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

• Gives extensive coverage of judicial review.

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


”

Authoritative, challenging,

accessible: Turpin and Tomkins truly

is a winning combination.”

Richard Rawlings,

University College London

7th Edition



7 Constitutional and Administrative LawLaw and AdministrationCarol Harlow, London School of Economics and Political Science Richard Rawlings, University College London

This definitive textbook explores the field of law which allows government and its agencies to practically apply its laws. It looks at both the law and the factors informing it, laying down the foundations of the subject and allowing the student to develop the broadest possible perspective. Case law and legislation are set out and discussed, and the authors include a range of case studies to give a practical emphasis to the study. The authors also develop a distinctive theoretical framework for administrative law, distinguishing this

title from others and allowing for real understanding of the subject.

• Students’ full understanding encouraged with discussion of the law and its socio-political context.

• Cases and materials set out and commented on, with case studies included to illustrate the law in action.

Contents1. Red and green light theories 2. The changing state 3. Transforming judicial review 4. Making the law 5. Rules and discretion 6. Regulation and governance 7. Regulatory design and accountability 8. Contractual revolution 9. Contract, contract, contract 10. Into the jungle: complaints, grievances and disputes 11. Tribunals in transition 12. The Parliamentary Ombudsman: firewatcher or firefighter? 13. Inquiries: a costly placebo? 14. Procedural review: continuity and change 15. Elite dimension: court structures and process 16. Judicial review and administration: a tangled web 17. ‘Golden handshakes’: compensation and liability


”

A compelling reworking of an administrative law classic. The first two editions of Law and Administration set new standards for empirically-grounded administrative law scholarship. Admirers of the text in its previous manifestations will quickly recognise the new edition’s distinctive (and inimitable) interweaving of theory, doctrine and insightful case studies, all underpinned by meticulous research. This fascinating update demands attention from all those

studying this fast-moving field.”

Thomas Poole,

London School of Economics

and Political Science

3rd Edition



8

Collier’s Conflict of LawsPippa Rogerson, University of CambridgeJohn Collier, University of Cambridge

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

been completely rewritten to reflect all the recent developments including the increased legislation and

case law in the field. The author’s teaching experience is reflected in her ability to provide students with

a clear statement of rules which sets out a framework to the subject, before adding detail and critical

analysis. Recognising that the procedural aspect of the subject challenges most students, the book

explores conflict of laws in its practical context to ensure understanding. Teachers will appreciate the

logical structure, which reflects teaching in the field today. Retaining the authority that was the hallmark

of the previous edition, this contemporary and comprehensive textbook is essential reading.

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

• Focuses on commercial law.

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

• Restructured to map contemporary courses.

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

Available Now2013, 247 x 174 mm, 514pp9780521735056 £34.99/$55.00 PB9780521513531 £80.00/$130.00 HB

Corporate and Commercial Law4th Edition


9

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

This innovative textbook examines commercial law and the social and political

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

demonstrate this fast-moving field’s relevance to today’s concerns. This wide-

ranging subject is set within a clear structure, with part and chapter introductions

setting out the student’s course of study. The extensive coverage and detailed

commentary has been extensively market tested to ensure that the contents are

aligned with the needs of university courses in commercial law.

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

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

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


Corporate and Commercial Law ”

This book provides a contemporary

and accessible account of the

central areas of commercial law,

as well as offering discussion

of more specialist topics. It will

be of interest to all students of

commercial law subjects.”

Christian Twigg-Flesner,

University of Hull


10

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

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

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

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

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

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

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

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

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

framework for such an approach.

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

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

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


Corporate and Commercial Law ”

… this is a valuable addition

to the specialist library. … the

author is to be congratulated for

the sheer amount of work and

scholarship that she has put into

this book, which should not be

off the shelves of any serious

student of the subject.”

International Company and

Commercial Law Review

2nd Edition


11

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

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

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

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

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

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

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

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

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

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

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

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

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


Criminal Law


4th Edition


12

Sentencing and Criminal JusticeAndrew Ashworth, University of Oxford

Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including

the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in

the criminal justice process such as the Court of Appeal’s approach to the custody threshold, the

framework for the sentencing of young offenders and the abiding problems of previous convictions

in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners

and Justice Act 2009, the book’s inter-disciplinary approach places the legislation and guidelines on

sentencing in the context of criminological research, statistical trends and theories of punishment. By

examining the law in relation to elements of the wider criminal justice system, including the prison

and probation services, students gain a rounded perspective on the relevant principles and problems

of sentencing and criminal justice.

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

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

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

Contents1. An introduction to English sentencing 2. Sentencing and the constitution 3. Sentencing aims, principles and policies 4. Elements of proportionality5. Aggravation and mitigation 6. Persistence, prevention and prediction 7. Equality before the law 8. Multiple offenders 9. Custodial sentencing 10. Non-custodial sentencing 11. Procedural issues and ancillary orders 12. Special sentencing powers 13. Conclusions


Criminal Law


5th Edition


13

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

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

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

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

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

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

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

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

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

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

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

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

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

• Provides a comprehensive overview of international commercial arbitration.

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

Available Now 2012, 228 x 152 mm, 392pp9781107401334 £19.99/$35.00 PB 9781107008786 £62.00/$103.00 HB

Dispute Settlement ”

The Principles and Practice

of International Commercial

Arbitration is a comprehensive

and up to date overview which

is ideal for an introductory law

school course or for a lawyer

unacquainted with international

dispute resolution.”

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

2nd Edition


14

International Dispute SettlementJ. G. Merrills, University of Sheffield

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

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

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

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

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

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

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

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

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

International Court of Justice.

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

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

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

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


Dispute Settlement ”

Yet again Professor Merrills skilfully

manages to combine clarity with

depth and relevance. This newest

edition provides an accessible

analysis of the fundamental

aspects of international dispute

settlement; and by its stimulating

discussion of historical and recent

developments, it remains a key

treatise for students, scholars, and

practitioners alike.”

Hege Elisabeth Kjos,

University of Amsterdam

5th Edition


15

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

This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.

• Substantial extracts for leading cases are set out, so students can get an insight into how judges think.

• Also included is other material on jurisdictions, especially the United States.

• Extensive reading list after each chapter.

• Companion website updates material to reflect most recent case law developments.

ContentsPart I. Starting Off: 1. Introduction Part II. Jurisdiction: 2. Jurisdiction: an analysis 3. Jurisdiction under EC law: basic principles and structures 4. EC law: special jurisdiction 5. The traditional English rules 6. Developments in Canada 7. US law – an outline 8. Choice-of-court agreements 9. Forum non conveniens and antisuit injunctions 10. Overlapping jurisdiction in EC law 11. Special topics – I 12. Special topics – II Part III. Foreign Judgements: 13. Introduction to Part III 14. EC law 15. English law – jurisdiction 16. English law – defences 17. The Canadian conflicts (judgements) revolution 18. US law – some highlights Part IV. Procedure: 19. Freezing assets 20. Obtaining evidence abroad – forum procedures 21. Obtaining evidence abroad – international co-operation Part V. Choice of Law: 22. Introduction to choice of law 23. Torts 24. Contracts – the principle of party autonomy 25. Contracts – legal policy and choice of law 26. Regulating business, protecting employees and helping consumers 27. Foreign currency 28. Property – tangible movables 29. Contractual rights and property interests – I 30. Contractual rights and property interests – II 31. Contractual rights and property interests – III Part VI. Extraterritoriality: 32. Introduction to extraterritoriality 33. Extraterritorial application of US antitrust law 34. The international response 35. Extraterritorial application of EC competition law


Dispute Settlement

Dispute ProcessesADR and Primary Forms of Decision-Making

Michael Palmer, School of Oriental and African

Studies Simon Roberts, London School of Economics

and Political Science

Part of the Law in Context series

9781107687578 PB

9781107070547 HB

For the latest information on

this forthcoming textbook visit

www.cambridge.org/lawtext-

books2014

COMINGSOON!5th Edition


16

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

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

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

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

• Materials integrated throughout for full perspective on the field.

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

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


E-commerce Law ”

Law and the Technologies of the

Twenty-First Century represents

a significant addition to the body

of academic texts concerning

regulation and regulatory theory.”

Michael Wixen,

CTLR: The Journal of

E-Commerce, Technology and

Communications



17

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

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

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

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

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

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

Available May 2014 246 x 189mm, 1000pp9781107664340 c.£42.00/$70.00 PB

European Law ”

A thoughtful, well-written,

rigorous, but at the same time

easily accessible exposition of

European Union law. The book is

indispensable for those seeking

to understand EU law in its

socio-political context and for

anyone interested in grasping the

unfolding dynamics of the European

integration project. Students really

want a broader understanding

of EU law and this book will be

standard instruction and reference

for a long time to come.”

Dora Kostakopoulou,

Warwick Law School

3rd Edition


18

European Union Internal Market LawFriedl Weiss, Universität Wien, AustriaClemens Kaupa, VU University Amsterdam

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

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

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

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

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

Available May 2014 247 x 174mm, 384pp9781107636002 £28.99/$49.99 PB9781107035355 £65.00/$105.00 HB

European Law ”

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


19

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

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

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

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

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

Available April 2014 246 x 189mm, 650pp9781107684300 £40.00/$65.00 PB9781107031128 £80.00/$130.00 HB

European Law ”

Van Vooren and Wessel produced

an exceptionally good book, both in

terms of selection of material and

its presentation. Without a doubt,

this volume will become a classic, a

real must have for academics and

practitioners dealing with external

relations of the European Union.”

Adam Lazowski, School of Law,

University of Westminster


20

An Introduction to European LawRobert Schütze, University of Durham

Thought-provoking and accessible in approach, this book offers a classic

introduction to European law. Taking a clear structural framework, it guides

the student through the subject’s core elements from its creation and

enforcement to the workings of the internal market. A flowing writing style

combines with the use of illustrations and diagrams throughout the text to

ensure the student understands even the most complex of concepts. This

succinct and enlightening overview is required reading for all students of

European law.

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

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

• Numerous illustrations reinforce key concepts to aid understanding.

ContentsPart I. European Law – Creation: 1. Union institutions 2. Union legislation 3. Union competences 4. Fundamental rights Part II. European Law – Enforcement: 5. Direct effect 6. (Legal) supremacy 7. National actions 8. European actions Part III. European Law – Substance: 9. Internal market: goods 10. Internal market: persons 11. Competition law: cartels 12. Competition law: abuse


European Law ”

Succinct, accessible and well-

written, the best introductory EU

law text on the market by a

long way.’

Urfan Khaliq, Cardiff

University


21

Essentials of EU LawAugust Reinisch, Universität Wien, Austria

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

to be as much of a challenge as answering them. This book clearly sets the

scene: it explores the history and institutions of the EU, examines the interplay

of the main bodies in its legislative process and illustrates the role played by

the EU Courts and the importance of fundamental rights. It also introduces

the key principles of the internal market, in particular the free movement of

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

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

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

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

European law.

• Concise and critical.

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

• Clearly structured and organised.

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


European Law ”

A unique and brilliant contribution

to the study of EU law. It covers

key points with reasoning and

policy yet it demystifies the

subject in a manner that students

will value.”

André Naidoo,

De Montfort University

2nd Edition


22

European Constitutional LawRobert Schütze, University of Durham

This textbook analyses the constitutional law of the European Union after

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

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

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

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

clear three-part structure and numerous illustrations facilitate understanding.

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

European constitutional law.

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

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

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

• Numerous illustrations reinforce key concepts to aid understanding.

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


European Law ”

Exhaustive in scope and innovative

in structure and approach, this

new book will be essential reading

for anyone interested in the

constitutional development of the

European Union.”

Anthony Arnull,

University of Birmingham


23

The Cambridge Companion to European Union Private LawEdited by: Christian Twigg-Flesner, Law School, University of Hull

The emergence of EU Private Law as an independent legal discipline is one of the most

significant developments in European legal scholarship in recent times. In this book, leading

scholars provide a critical introduction to the subject’s key areas, while offering original and

thought-provoking comment on the field. In addition to several chapters on consumer law

topics, the collection has individual chapters on commercial contracts, competition law, non-

discrimination law, financial services and travel law. It also discusses the wider issues

concerning EU Private Law, such as its historical evolution, the role of comparative law,

language and terminology, as well as the implications of the Common Frame of Reference

project. A useful ‘scene-setting’ introduction and further reading arranged thematically make

this important publication the student’s and scholar’s first port of call when exploring the field.

• Unique combination of introduction to and critical analysis of an important emerging discipline in European legal scholarship.

• Collection offers unrivalled line up of leading commentators in the field.

• Additional features such as useful ‘scene setting’ introduction and thematically-organised further reading recommendations ideal for students new to the field.

Contents1. Introduction: key features of European Union Private Law (EUPL) 2. The historical evolution of European Private Law 3. European Private Law and the comparative method 4. The role of the conflict of laws in European Private Law 5. Competence and European Private Law 6. Language and terminology 7. European Private Law by directives: approach and challenges 8. The European Court of Justice as motor of Private Law 9. European Contract Law: the common frame of reference and beyond 10. The way forward in European consumer contract law: optional instrument instead of further deconstruction of national private laws 11. Commercial contracts and European Private Law 12. European Tort Law - features of a diverse landscape 13. European Union Property Law 14. Information obligations and withdrawal rights 15. Travel law 16. Unfair contract terms 17. Unfair commercial practices and European Private Law 18. Consumer sales and associated guarantees 19. Product liability 20. The impact of the directive on self-employed commercial agents in EU law 21. EC Competition Law and European Private Law 22. Non-discrimination and European Private Law 23. Financial services in European Union private law


European Law ”

The authors have provided a

critical introduction to the key

areas of European private law. In

choosing the topics, finding the

authors and editing the chapters,

Twigg-Flesner has performed a

great and important work. The

chapters are well chosen, clear and

well written. It is also an excellent

textbook for students.”

Ole Lando,

Common Market Law Review


24

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

The leading textbook on international human rights law is now better than ever. The content has been fully updated

and now provides more detailed coverage of substantive human rights, along with new sections on climate change

and international human rights law theory, making this the most comprehensive book in the field. It has a new, more

student-friendly text design and has retained the features which made the first edition so engaging and accessible,

including the concise and critical style, and questions and case studies within each chapter, with suggestions for further

reading now clearly signposted in a separate section. Written by De Schutter, whose extensive experience working in

the field and teaching the subject in both the US and EU gives him a unique perspective and valuable insight into the

requirements of lecturers and students. This is an essential tool for all students of international human rights law.

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

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

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

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

Available August 2014 247 x 174mm, 950pp9781107657212 c.£40.00/$65.00 PB9781107063754 c.£80.00/$130.00

Human Rights Law2nd Edition


25

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

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

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

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

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

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


Human Rights Law ”

Human rights law is an inherently

active, political and practical body

of law; to understand it and its

operation requires familiarity

not only with the formal rules,

standards and systems but also

with the informal, the political

and the practical. By combining

precise description and analysis

of the law with insightful and

varied contributions from practice

(broadly defined), Oette and

Bantekas provide a rounded

account of international human

rights law and its practice that

provokes as well as it informs.”

Fiona de Londras,

Durham University


26Humanitarian LawWar, Aggression and Self-DefenceYoram Dinstein, Tel-Aviv University

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

legal issues surrounding war and self-defence.

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

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

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


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

5th Edition


27 Humanitarian Law


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

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

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

as a tool for the instruction of military officers.

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

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

• Successfully balances academic rigour and clear explanation.

2nd Edition


28International Economic and Trade LawThe Law and Policy of the World Trade Organization Text Cases and MaterialsPeter Van den Bossche, Universiteit Maastricht, Netherlands Werner Zdouc, WTO Appellate Body, Geneva

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

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

• Restructured to more closely align teaching in field.

• All new case law developments explored.

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

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

Available Now2013, 247 x 174 mm, 1112pp9781107694293 £48.00 /$75.00 PB9781107024496 £95.00 /$150.00 HB

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

”

An excellent textbook, written

with an admirable degree of clarity

and rigour … Professor Van den

Bossche remarkably succeeds in

combining an in-depth analysis

of the law of the World Trade

Organization with a thought-

provoking introduction to the legal,

institutional, and policy challenges

facing the multilateral trading

system. The book is an invaluable

reference for students, academics

and practitioners in the field.”

Dr Gracia Marín Durán,

Director, LLM Programme in

International Economic Law,

University of Edinburgh

3rd Edition


29 International LawInternational LawMalcolm Shaw, University of Leicester

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

Combining both his expertise as teacher and practitioner, Malcolm Shaw’s survey of the subject motivates

and challenges the student. By offering an unbeatable combination of clarity of expression and academic

rigour, he ensures both understanding and critical analysis. The text has been updated throughout,

to reflect all case law and treaty developments. It retains the detailed reference and footnotes which

encourage further reading at either an undergraduate or postgraduate level.

• Authoritative.

• Comprehensive.

• This is a student’s favourite.

Available August 2014 246 x 189mm, 1708pp9781107612495 c.£38.00/$60.00 PB9781107040861 c.£80.00/$125.00 HB

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

7th Edition


30International LawAn Introduction to International Criminal Law and ProcedureRobert Cryer, University of BirminghamHåkan Friman, University College LondonDarryl Robinson, Queen’s University, OntarioElizabeth Wilmshurst, University College London

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

remains essential reading for all in the field.

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

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

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

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

Available June 2014247 x 174mm, 625pp9781107698833 c.£36.99/$60.00 PB9781107065901 c.£75.00/$120.00 HB

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

3rd Edition


31 International LawModern Treaty Law and PracticeAnthony Aust, London School of Economics and Political Science

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

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

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

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

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

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

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

international relations and diplomacy, who have an interest in treaties.

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

documents (e.g. MOUs).

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

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

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

Foreign Commonwealth Office.

Available Now 2013, 247 x 174mm, 516pp9781107685901 £38.00/$60.00 PB9781107023840 £75.00/$120.00 HB

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

3rd Edition


32International LawInternational LawJan Klabbers, University of Helsinki

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

• Landmark new textbook by leading international law scholar.

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

• Clear four-part structure guarantees students’ understanding.

• Dynamic and engaging discussion gives subject relevance and immediacy.


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

”

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

André Nollkaemper,

University of Amsterdam


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

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

• Broad coverage of relevant legal regimes across the chapters.

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

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


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


34International Law

Available Now2012, 247 x 174 mm, 992pp9780521140935 £45.00/$85.00 PB 9780521769594 £94.00/$156.00 HB

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

”

From its very first edition, this

important book has been an

indispensable resource for

students and practitioners. It

provides an accurate account of

the development and current state

of the law and well organized

and comprehensive coverage of

key topics. The updated chapters

on water, biodiversity, climate

change and international trade

are particularly welcome. I warmly

recommend it to anyone studying

international environmental law.”

Dr C. P. McKenzie,

University of Cambridge

Principles of International Environmental LawPhilippe Sands, University College London - Jacqueline Peel, University of Melbourne - Adriana Fabra, Universitat de Barcelona - Ruth MacKenzie, University of Westminster

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

• Leading textbook in an area of growing importance and complexity, an essential guide for students of international environmental law.

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

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

3rd Edition


35 International LawThe International Law of the SeaYoshifumi Tanaka, University of Copenhagen

The law of the sea is a complex and fascinating subject. This textbook explores the subject from the perspective of public international law, covering all the key topics from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment. Students interested in international environmental and natural resources law will find chapters on emerging issues such as the conservation and the protection of natural resources and biodiversity in the oceans. It includes student-friendly features such as chapter overviews, conclusions, figures and tables and further reading sections. Clarity of expression, engaging analysis and comprehensive coverage make this book essential reading for all students of the law of the sea.

• In-depth coverage of all key topics in the law of the sea - Part I looks at the classic role of the law of the sea, while Part II looks at newer uses for the law such as protection and the peaceful resolution of disputes.

• Looks at emerging environmental issues such as conservation and the protection of natural resources and biodiversity in the oceans for students interested in international environmental and natural resources law.

• Highlights the importance of international co-operation in the way the oceans are governed.

• Includes student-friendly features such as chapter introductions, figures and tables, and further reading sections.


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

”

Professor Tanaka has written

an excellent exposition of the

law of the sea which offers both

comprehensive coverage of key

Conventions and agreements

and analysis of pertinent judicial

opinions and State practice. I very

warmly encourage all students

of this area of the law, to rely on

this book in their further study of

the topic.”

Duncan French,

University of Sheffield


36International LawHandbook of International LawAnthony Aust, London School of Economics and Political Science

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

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

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

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


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

”

Anthony Aust’s Handbook of

International Law is a masterful

summary of the major areas of

international law and is suitable

for practitioners and students alike.

The author’s experience as both

a practitioner and an academic is

evident in the pertinent examples

given and the analysis employed. It

is a ‘must read’ for anyone new to

the subject of international law.”

Susan C. Breau,

University of Surrey

2nd Edition


37 International Law

Available Now2010, 247 x 174 mm, 554pp9780521747653 £40.00 /$84.00 PB

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

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

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

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

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

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

3rd Edition


38International LawAn Introduction to International Institutional LawJan Klabbers, University of Helsinki

International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ’s Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.

• Presents the facts and discusses the forces that shape and influence the laws governing international institutions, encouraging students to think critically about the topic.

• Engages students by analysing recent scholarly developments and demonstrating the practical application of complex legal theories.

• Helps students understand the ambiguous relationship between an international organization and its member states, and how this shapes international institutional law.

• Clearly defines the subject-specific terms and acronyms which students initially find difficult.

Available Now2009, 247 x 174 mm, 396pp9780521736169 £34.99/$58.00 PB

Contents1. Introduction 2. The rise of international organizations 3. The legal position of international organizations 4. The foundations of powers of organizations 5. International organizations and the law of treaties 6. Issues of membership 7. Financing 8. Privileges and immunities 9. Institutional structures 10. Legal instruments 11. Decision-making and judicial review 12. Dispute settlement 13. Treaty-making by international organizations 14. Issues of responsibility 15. Dissolution and succession 16. Concluding remarks: towards re-appraisal and control

International Environmental LawAn Introduction

Pierre-Marie Dupuy, Graduate Institute of International Studies, GenevaJorge E. Vinuales, Graduate Institute of International Studies, Geneva

9781107673342 PB

9781107041240 HB

For the latest information on

this forthcoming textbook visit

www.cambridge.org/lawtext-

books2014

COMINGSOON!2nd Edition


39 Labour LawLabour LawHugh Collins, London School of Economics and Political ScienceKeith Ewing, King’s College LondonAileen McColgan, King’s College London

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

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

• Comprehensive text and integrated materials fully equip the student.

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

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


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

”

Collins, Ewing, and McColgan’s

Labour Law provides one of the

finest examples of a research-

led teaching manual. Its users

will no doubt emerge with an

authoritative, rich, and critical

understanding of English labour

law, and fully appreciate the

development of this multifaceted

legal discipline in the broader

European and international

context. ‘Labour law’ at its best.”

Dr Nicola Countouris,

University College London



40Law and ReligionLaw and ReligionRussell Sandberg, Cardiff University

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

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

• Comprehensive coverage with concise approach ideal for student audience.

• Well organised material and clear writing style guarantee understanding.


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

”

Sandberg’s book is an excellent

tool, which suggests many ideas,

proposals and conceptualisations

that are bound to have an effect

on the academic community

and students across the UK

and elsewhere. In this, his first

book, Sandberg has produced

an invaluable and remarkable

piece which should be highly

recommended in British universities

and to all those with an interest in

religion and law, theology, history,

political science and sociology.”

Javier García Oliva,

Legal Studies


41 Law and ReligionAn Introduction to Islamic LawWael B. Hallaq, McGill University, Montréal

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

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

• Clearly composed and structured for an undergraduate market.

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


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

”

This path-breaking new history of

Islamic law will become a standard

introduction to the subject.

Professor Hallaq has provided a

magnificent overview of the topic,

drawing on his wide reading in

primary sources and his many

important publications on the

history of Islamic law and Islamic

legal thought.”

Joseph E. Lowry,

University of Pennsylvania


42Legal SkillsModern Legal Drafting A Guide to Using Clearer LanguagePeter Butt, University of Sydney

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

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

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


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

3rd Edition


43 Legal SkillsThe Art of Argument A Guide to MootingChristopher Kee, Universität Basel, Switzerland and Deakin University, Victoria

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

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

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


ContentsPreface Part I. Making the Most of a Moot: 1. Introduction 2. You’ve made the team - what next? 3. Being part of a team 4. Building an argument5. Written documents 6. Oral submission 7. Practice moots 8. The competition itself! 9. After it’s all over Part II. References and Resources Part III. International Moots Index


44Legal SkillsHow to do Things with RulesWilliam Twining, University of LondonDavid Miers, Cardiff University

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on ‘The European Dimension’ reflecting the changes brought about by the Human Rights Act 1998.

• Classic text trains new students how to think like a lawyer.

• Further reading sections, integrated questions and answers and practical illustrations promote understanding.

• Detailed accompanying website offers additional material and exercises.


ContentsPart I: 1. Some food for thought Part II. Reading, Using and Interpreting Rules in General: 2. Problems and mischiefs 3. Of rules in general 4. Interpretation and application 5. Imperfect rules Part III. Reading Law: Reading, Using and Interpreting Legislation and Cases: 6. Routine and problematic readings 7. Legislation 8. Interpreting legislation 9. Reading cases 10. The European dimension 11. Rules, reasoning and interpretation Part IV: Questions and exercises

”

This is an inspiring and

indispensable book for all those

whose scholarship involves

argument about the making and

breaking of rules. In fact, anyone

whose work involves doing

things with rules will gain great

advantage, skill, and insight by

reading this enjoyable book.”

G. J. Slapper,

Director of the Centre for

Law, The Open University


5th Edition


45 Legal SkillsLawyering Skills and the Legal ProcessCaroline Maughan, University of the West of England, BristolJulian Webb, University of Westminster

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

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

• It includes numerous exercises to facilitate teaching and learning.

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


ContentsPreface Table of cases and legislation Introduction 1. Descent into the swamp 2. Learning to live in the swamp 3. Law talk and lay talk: lawyers as communicators 4. You’ll never work alone: group learning and group skills 5. Interviewing: building the relationship and gaining participation 6. The ‘Good Lawyer’: ethics and values in legal work 7. Clarifying language: making sense of writing 8. Manipulating language: drafting legal documents9. Handling conflict: negotiation 10. Advocacy: case management and preparation 11. Into court: the deepest swamp? Further reading.


2nd Edition


46Medical LawMedical Law and Medical EthicsNils Hoppe, Universität Hannover, GermanyJosé Miola, University of Leicester

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

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

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

ethical questions arising from those principles.

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

Available April 2014247 x 174mm, 325pp9781107612372 £29.99/$45.00 PB9781107015227 £65.00/$99.00 HB

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

”

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

readership.”

Julie McCandless, London

School of Economics and

Political Science


47 Property LawA Student’s Guide to Equity and TrustsJudith Bray, University of Buckingham

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

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

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

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

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


Contents1. Historical introduction 2. Equitable remedies 3. The classification of trusts and powers 4. The three certainties 5. Constitution of trusts6. Formalities for the creation of a trust 7. Private purpose trusts 8. Unincorporated associations 9. Resulting trusts 10. Constructive trusts 11. Trusts of the family home 12. Secret trusts and mutual wills 13. Charities – the Charities Act and the rules of cy-pres 14. Trustees: appointment, retirement and capacity 15. Duties and powers of trustees 16. Variation of trusts 17. Fiduciary duties and breach of fiduciary duties 18. Breach of trust and defences to breach of trust 19. Remedies against strangers to a trust 20. Tracing

”

An excellent book whose major

strength is the wealth of practical

examples which enable the student

to explore the complexities of the

law with confidence.”

Pamela Hargreaves,

Leicester De Montfort

Law School


48

”

This is an excellent text . . . . [It]

achieves its aims of providing an

accessible socio-legal framework

for students and practitioners to

understand housing law.’

Liam Thornton,

Legal Studies

Property LawHousing Law and PolicyDavid Cowan, University of Bristol

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

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

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

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


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



49 Property LawTrusts Law Text and MaterialsGraham Moffat, University of WarwickGerry Bean, DLA Phillips FoxRebecca Probert, University of Warwick

Always the serious student’s choice, this textbook provides a clear examination of the rules in the detail required by the advanced undergraduate. The text combines a contextualized approach and a commercial focus. The authors’ commentary has been increased throughout this edition whilst the fresh design clearly highlights the cases and materials extracts. Statutory developments, such as the Charities Act 2006, and the impact of a wealth of cases are explored, the examination of the law of trusts and taxation has been restructured and comparative examples help students understand the new directions being taken in the areas of trust law and equitable remedies. Trusts Law brings a modern perspective to a subject often perceived as traditional, with suggestions for further reading guiding the student to contemporary debates.

• Detailed study of the law of trusts, with relevant case law integrated throughout.

• Extensive coverage includes pensions and trusts and taxation, omitted in competing texts.

• Full context aids understanding and emphasis on commercial aspects gives subject relevance to future lawyers.


Contents1. Introduction 2. The evolution of the private express trust 3. Taxation, wealth-holding and the private trust 4. Creating the trust Part I 5. Creating the trust Part II 6. Trusts and public policy 7. Flexibility in relation to beneficial entitlement 8. The taxation of private trusts 9. An introduction to trustees and trusteeship 10. Aspects of the management of trusts 11. Trusteeship, control and breach of trust 12. Implied trusts and the family home 13. Trusts in commerce I: occupational pension schemes 14. Trusts in commerce II: commerce and equitable remedies 15. Trusts in commerce III: commerce, credit and the trust 16. Trusts in commerce IV: fiduciary relationships, commerce and the trust 17. Trust, contract and unincorporated associations 18. An introduction to the law of charity 19. A legal definition of ‘charity’ 20. The regulation of charities.

”

The written style of Trusts Law: Text

and Materials is both accessible

and stimulating. The authors have

managed to maintain an excellent

balance between commentary,

materials and cases … If you’re

looking for a detailed, thorough

and authoritative analysis of trust

law, you should look no further

than this …

Russell J. Kelsall,

Student Law Journal

(studentlawjournal.com)


5th Edition


50Tort LawAtiyah’s Accidents, Compensation and the LawPeter Cane, Australian National University, CanberraPatrick Atiyah, University of Oxford

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

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

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

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


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


8th Edition

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