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Current Issues in Investment Treaty Law - Three Volume Set (vols 1-3)

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Purchase the first three volumes in the series for a special discounted price.

The Fourth Volume in the series was published in April 2013 and is also available to buy now.

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The Future of ICSID and the Place of Investment Treaties in International Law

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Editors: N. Jansen Calamita, David Earnest and Markus Burgstaller
Published:April 2013
ISBN-13:978-1-905221-50-9
Cover:Paperback
Pages:384

The ICSID system and the international investment treaties that have come to rely upon it face a host of challenges, some new and some persistent. Increasingly arbitral tribunals charged with the interpretation and application of international investment treaties are being asked to address the critical relationship between those treaties and other regimes of international law, such as the international law of human rights, trade law and the law of the European Union. These questions raise fundamental issues about the scope of investment treaty obligations and the resolution of investment treaty disputes through arbitration.

At the same time as arbitral tribunals are being presented with these fundamental issues regarding the interpretation and application of investment treaties, the ICSID system upon which thousands of international investment treaties rely faces its own ongoing challenge of meeting the goals set for it by its States Parties. Whether the task is addressing the efficient resolution of disputes through the use of ICSID's new summary procedures mechanism or establishing a consistent jurisprudence on annulment, a wide array of new and perennial questions require answers.

The chapters in this volume bring together papers of the Investment Treaty Forum at the British Institute of International and Comparative Law and represent contributions by some of the leading practitioners and scholars in the field. The issues raised and discussed in this volume are as important for practitioners as they are for policy-makers and academics.

From the Foreword by Judge Sir David Edward KCMG QC:
"This book offers a rich exploration of important and timely themes. Not only are the contributions from some of the most experienced and astute thinkers in the field, but they shed new light on a host of emerging issues".

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Antarctica: Legal & Environmental Challenges for the Future

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Editors: Gillian Triggs and Anna Riddell
Published: April 2007
ISBN-10: 1-905221-09-6
ISBN-13: 978-1-905221-09-7
Cover: Paperback

Since its inception almost 50 years ago, the Antarctic Treaty System has evolved to provide a stable and remarkably effective regime for management of the coldest, driest and windiest continent on earth. New challenges to this legal regime are now posed by contemporary problems such as climate change, tourism, and fishing and whaling in the Southern Ocean. For State Parties to the web of treaties that make up the Antarctic system of governance, the 21st century brings new demands for environmental protection while ensuring reasonable access for scientists and tourists alike. The papers in this collection were presented at a conference organized by the British Institute of International and Comparative Law and the United Kingdom's Foreign and Commonwealth Office to coincide with the Twenty-Ninth Meeting of the Antarctic Treaty Consultative Parties held in Edinburgh in June 2006. The authors, experienced Antarctic 'watchers', discuss their views on:

'Illegal, unreported and unregulated' fishing
Vessel-based pollution
Navigation through ice-covered waters
Antarctic Treaty Secretariat
Liability of operators and their States for environmental damage
Tourism
Included with these scholarly papers are all the international agreements that make up the Antarctic Treaty System along with the Measures, Decisions and Resolutions of the Twenty-Ninth Consultative Party Meeting and the Edinburgh Declaration supporting the scientific research of the forthcoming International Polar Year starting in March 2007.

The collection provides an accessible analysis of the legal and environmental issues for Antarctica in the first decade of the 21st century for government officials and advisors, scholars, students, legal practitioners and scientists.

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Aspects Incorporating ECHR into Domestic Law

Published: January 1993
ISBN-10: 0-903067-38-2
Cover: Paperback
Pages: 125

The European Convention on Human Rights and Fundamental Freedoms was signed in 1950 and came into force in 1953. It is based on the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948. The Convention was prepared by the Council of Europe: its aim was, and remains, to protect and enforce the human rights upon which depend the fundamental freedoms "which are the foundation of justice and peace in the world".
The present volume arises from papers given at a Conference organised jointly by the British Institute of Human Rights and the British Institute of International and Comparative Law, held in May 1991 on 'Aspects of Incorporation of the European Human Rights Convention into Domestic Law'.

The purpose of the Conference was threefold: first, to examine the content of the obligations which the Convention itself imposes and the way which the case-law of the European Commission and Court of Human Rights in Strasbourg reflects the practice of Member States of the Council of Europe which have and have not incoporated the Convention into their domestic law; secondly to examine the approach to incorporation in some of the other Member States of the Council of Europe; and, thirdly, to review the treatment of the Convention in English domestic law and the responses which the United Kingdom has made to the particular requirements of the Convention.

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Common Principles of Tort Law

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Author: Gert Bruggemeier
Published: May 2004
ISBN-10: 0-903067-82-X
Cover: Paperback

Art 288 (2) EC, on liability of the EC and its organs, refers to the common principles of tort law in the Member States. There are at least two good reasons for looking into these general principles: 'In nearly all developed Western legal orders, tort law is determined through judge-made law, which these days requires a comparative orientation by means of principles and systemized casuistry' The various attempts to 'europeanize' private law 'from mere restatements to a comprehensive European Civil Code' are all grounded in these common principles of contract law, tort law, property law and so on.

This book's somewhat unconventional contribution takes its cue not so much from the politically defined 'EC Europeanization', but rather from the transnationality of law. By comparing tort law in the EC Member State Germany and the non-EC Member, the USA (two of the most developed western industrial nations), this publication endeavours to develop principles which serve as a basis for generalization. These principles claim validity for the civil-law and common-law legal orders of Western civilisations, which includes the EC with its respective Member States.

The book is aimed at a learned European audience interested in legal harmonization, but also addresses comparatists in the civil-law and common-law legal world and mixed jurisdictions outside of Europe. Its main focus is to contribute to the further development of tort law. The idea of a tort law system based on general principles and specific rules grows out of the continental natural-law tradition of civil law, but increasingly principle-oriented works are also found in common law. This book develops a common level of international work on structures and concepts of modern tort law.

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Changing Constitution of UN

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Authors: Georges Abi-Saab and others
Editor: Hazel Fox
Published: January 1997
ISBN-10: 0-903067-80-3
Cover: Paperback
Pages: 142

The great changes in international relations in recent years have been reflected in equally dramatic developments in the United Nations, requiring a re-evaluation of its role within the international system. The reinvigoration of the Security Council and the innovatory techniques it has deployed in the maintainance of international peace and security have raised a host of issues for a 'decentralised' international community. Amongst the most fundamental questions are those relating to the constitutional order which the United Nations is obliged to uphold and by which it is itself governed.

In this book some of the world's leading commentators on international law analyse these new developments, giving their own perspectives on the core issues which are raised by the United Nations now playing the central role in international peace and security which was advocated for so long and which is now so much closer to reality.

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Citizenship:the White Paper

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Editor: JP Gardner
Published: January 1997
ISBN-10: 0-903067-75-7
Cover: Paperback
Pages: 430

Citizenship, what it means and how it matters, is a central topic in legal reform, in the development of Europe and in the maintenance of democracy. This book represents the work of a joint research project undertaken by the British Institute of International and Comparative Law with the Institute for Citizenship Studies. The aim is to stake out the boundaries of citizenship and to identify the scope and content of the relationship which it defines between the individual and the State.
In English law citizenship is traditionally an external matter - linked to nationality and the right of abode. But in common parlance, citizenship also has an internal dimension of involvement within the State.

The research has identified the hallmarks of citizenship by comparing the key features of citizenship in European countries, and the 'White Paper' now presents a short description of those rights and duties which bind the citizen and the State in England and Wales. The topics range from voting, through litigation to paying taxes and performing jury service, and provide a basis to distinguish between rights of residence, citizenship and human rights. With Chapters on gender treatment, corporate and European citizenship as well as the role of citizenship in the emerging democracies of central Europe, this is a first step towards systematising an area of law of growing importance.

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Agriculture and the Polluter Pays Principle

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Editor: Margaret Rosso Grossman
Published: June 2009
ISBN-10: 978-1-905221-39-4
Cover: Paperback
Pages: 134

The European Commission has acknowledged and respected, in Regulation 1/2003, the ability of the Member States to apply stricter rules than Article 82. There are some types of conduct that cannot be addressed by Article 82 because the undertakings involved are not dominant. One relates to conduct by non-dominant firms against other firms in weaker bargaining positions. A second type of conduct, and the focus of this book, relates to the anti-competitive conducts that non-dominant firms may adopt towards consumers (eg price discrimination, excessive pricing). This book focuses on instances where non-dominant firms have the ability to behave independently of customers and competitors and adopt conducts which will induce consumer harm.

The Commission cannot address anti-competitive conduct of non-dominant firms which induce significant consumer harm. This has resulted from the application of the dominance concept and from the dependence of a finding of a dominant firm on the market share of the firm. The aim of this book is to illustrate that applying the concept of dominance in that way means that a non-dominant firm in a differentiated market can adopt anti-competitive conducts and not be deterred by the possible application of Article 82.

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Conflicts Process

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Comparative Law before the Courts (Paperback edition)

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Editors: Guy Canivet, Mads Andenas and Duncan Fairgrieve
Published: June 2004
ISBN-10: 0903067897
Cover: Paperback

Comparative law is increasingly recognized as an essential reference point for judicial decision-making. The English courts have long been open to considering how legal problems are solved in other jurisdictions and there have been parallel developments across the Channel. Comparative law is gaining in utility and relevance in the decisions of the courts.
This book is thus extremely timely, bringing together a collection of essays by distinguished jurists from the judiciary and academia, and providing an important contribution to analysis of this topic. Contributors focus on a variety of European jurisdictions, but also look at North America and South Africa.

The first part of the book deals with the problems and possibilities of comparative law in national courts. Discussion ranges from the problems of proof of foreign law in national courts to legal borrowings and institutional mechanisms for international judicial co-operation in national courts. Part II, on European Law, contains a range of chapters exploring in a number of dimensions the suggestion that an intensification of comparative law methodology in the courts might be attributable to the growth and impact of European supra-national law. Part III takes the argument into the field of administrative law, an area which has traditionally been relatively impervious to comparative cross-fertilisation between European states, and finally Part IV covers a widely diverse set of topics in the field of general and mainly private law.

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Competition Law Yearbook 2002

Editors: Michael Hutchings and Mads Andenas
Published: May 2003
ISBN-10: 0-903067-92-7
Cover: Paperback
Pages: 440

This book is a collection of papers given at a number of competition conferences in 2001 and 2002 at the British Institute of International and Comparative Law. Containing excerpts from speeches as well as written papers, this volume is an important contribution to the area of competition law, with contributions from leading figures such as Mario Monti and Bill Kolasky, as well as senior judiciary from the European and national courts and heads of national competition authorities.

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European Banking Law

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Author: George Alexander Walker
Published: December 2006
ISBN-10: 0-903067-78-1
ISBN-13: 978-0-903067-78-2
Cover: Hardback
Pages: 435

This book is concerned with the nature and content of the underlying policy that has been developed within Europe in the banking and financial law area. While banking and financial markets constitute essential commercial sectors within Europe in their own right as well as provide a number of fundamental support services within any national economy, this is an area that has been given little dedicated attention until now. Only recently, have the importance of financial markets and financial integration within Europe (and elsewhere) been properly and fully realized. This publication attempts to understand the origin, evolution and legal validity of the core policy components involved in securing this integration within Europe and explore the operational effectiveness and value of the final financial programme constructed. This is a seminal work in the area of cross-border and regional banking and financial integration.

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Constitutional Human Rights in Commonwealth

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Editors: Michael Anderson and Matthew Happold
Published: January 2003
ISBN-10: 0-903067-91-9
Cover: Paperback
Pages: 256

Nearly one third of humanity, or 1,900 million people, reside in the 54 states of the Commonwealth. Whether the individual members of this huge population, living in diverse economic and cultural circumstances, are able to conduct fulfilling lives free from oppression depends in no small part upon the systems for protecting human rights in those jurisdictions.

While the record of Commonwealth states in ratifying international human rights treaties is certainly respectable, the international protections are only designed to serve as backstops that come into operation when national systems fail. The principal responsibility for protecting human rights must necessarily lie with the national legal system and national institutions.

While there has been something of a proliferation in specialised agencies for protecting human rights, including ombudsman provisions and special human rights commissions, the record of such institutions is mixed, and they cannot serve as an effective substitute for the judicial protection of human rights standards enshrined in national laws. Fifty-two of the Commonwealth states have written constitutions with explicit Bills of Rights that reflect, to varying degrees, the substance of international human rights law. The other two states, New Zealand and the United Kingdom, do not have written constitutions, but do have specific statutes enumerating the human rights to be protected by national courts.

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Corporate Governance Post-Enron: Comparative and Internatio

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Editors: Joseph Norton, Jonathan Rickford and Jan Kleineman
Published: November 2006
ISBN-10: 1-905221-07-X
ISBN-13: 978-1-905221-07-3
Cover: Paperback
Pages: 501

No sooner than the Enron scandal (and other major US corporate failures unfolded) it became apparent the sundry issues of corporate governance that were being brought into question and deliberation were not simply issues peculiar to the US corporate governance context (which are covered in detail in this volume by leading US experts), but were of major concern also throughout Western Europe (aspects which are governed by UK, Italian, French and Scandanavian experts and which touch upon European scandals such as Parmalat). In fact, the corporate governance issues of the Enron débâcle are of a broader 'global concern', where the experiences of developing, emerging and transitioning economies present their own special perspectives and lessons to be learned (here experts from Russia and East Asia make significant contributions). In addition, the increasing interconnection of law and accounting rears its head as being of core importance-another topic that is discussed in detail throughout this volume. Further, special types of corporations (eg regulated financial institutions) and transactions (eg mergers and acquisitions) generate their own additional issues: these are also covered within this book.

This publication, comprised of 21 chapters prepared by leading experts from around the world, contributes constructively to the current ongoing comparative and international discussions and debates concerning the appropriate subjects, policies, and rules for modern corporate governance system(s)-as viewed in multifaceted and multi-layered context of true global dimensions.

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Comparative Confidentiality in Psychoanalysis

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Published: September 2004
ISBN-10: 0-903067-98-6
Cover: Paperback
Pages: 82

This timely study is the result of research carried out by members of the International Psychoanalytical Association and the British Institute of International and Comparative Law. It gives a clear analysis of the extent to which the confidentiality of patients undergoing psychoanalytic treatment is protected by the law across seven jurisdictions: Argentina, Brazil, Canada, England and Wales, Germany, Italy, and the United States. In addition to providing much valuable information for psychoanalysts and lawyers, the research identifies common themes and makes recommendations on future practice.

There is little doubt as to whether the psychoanalytic process is a confidential one; the difficulty stems from specifying those instances in which other considerations take precedence over the inviolability of this aspect of treatment. While addressing this fundamental question, the study also tackles the sometimes difficult relationship between the psychoanalyst and lawyer. It makes clear that there must be a reciprocal understanding of the psychoanalytic and the legal processes so that in those instances where the two coincide there is full awareness of what is at stake.

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Criminal Law & the Rights of the Child in Muslim States

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Authors: Nisrine Abiad and Farkhanda Mansoor
Published: 2010
ISBN: 978-1-905221-45-5
Cover: Paperback
Pages: 385

Through analysis of legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this study aims to identify possible harmonization between the obligations of the international human rights law (e.g. the UN Convention on the Rights of the Child) and the criminal justice systems within each State, particularly Islamic law (Sharia).

This book features chapters on child offenders in criminal law and Islamic law, and country reports from rapporteurs on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, and the United Kingdom. Among other issues, the authors discuss:

• The definition of ‘child’ in criminal law
• Rights for child offenders under international law (UNCRC, the Beijing Rules)
• Rights of the child under Islamic regional instruments
• Islamic law as it relates to child offenders
• The age of criminal liability
• The death penalty
• The role of the judiciary in criminal cases within Muslim jurisdictions.

Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the various ways Islamic criminal law is implemented, and the role of the judiciary in expanding the protection of juvenile offenders.

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Current Competition Law Vol. III

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Editors: Mads Andenas, Michael Hutchings and Philip Marsden
Published: January 2005
ISBN-10: 0-903067-93-5
Cover: Paperback
Pages: 524

This book is a collection of papers and speeches given at our main competition law events during 2003-2004, in particular the Institute's annual conference on merger control in December 2003, and our two-day Trans-Atlantic Antitrust Dialogue in May 2004. Areas covered include in-depth analyses of such topical issues as cartels, pricing practices and mergers, and provide comparative perspectives from European and North American experts, as well as important statements of policy by competition officials.

Of the first volume in this series, Competition Law Yearbook 2002: 'The quality of the speakers and their talks is comparable with those of the Fordham Corporate Law Institute. Many experts are in the audience and the discussions after the talks are also perceptive. This newcomer to publications on competition law and policy is warmly welcome.'
(Valentine Korah, Professor Emeritus of Competition Law, University College London).

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Damages in International Investment Law

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Authors: Sergey Pipinsky and Kevin Williams
Published: November 2008
ISBN-13: 978-1-905221-24-0
Cover: Hardback
Pages: 562

Published:November 2008
Publisher:British Institute of International and Comparative Law
ISBN-13:978-1-905221-24-0
Cover:Hardback
Pages:562

The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions of international law. This volume addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The result of a two-year research project carried out at the British Institute of International and Comparative Law, this book is the first to examine the subject in a systematic, comprehensive and detailed manner.

The authors provide a much-needed balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analysis of the most recent investment treaty case law, other relevant practice, both international and national, is reviewed. Thorough, well-organised and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitration.

'A brilliant work, informative and elegantly written. Highly recommended to arbitration practitioners.'

Prof Dr Peter Behrens
Professor of Law, University of Hamburg, Arbitrator

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Current Competition Law Vol. IV

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Editors: Philip Marsden and Michael Hutchings
Published: December 2005
ISBN-10: 1-905221-00-2
Cover: Paperback
Pages: 577

This book is a collection of papers and speeches given at our main competition law events during 2004-2005, in particular:

the Institute's annual conference on merger control in December 2004;
a conference we held on October 2004 on comparative issues in competition litigation; and
our two-day trans-Atlantic Antitrust Dialogue in May 2005.
Areas covered include in-depth analyses of such topical issues as cartels, pricing practices and mergers, and provide comparative perspectives from European and North American experts, as well as important statements of policy by competition officials.

Of the first volume in this series, Competition Law Yearbook 2002: 'The quality of the speakers and their talks is comparable with those of the Fordham Corporate Law Institute. Many experts are in the audience and the discussions after the talks are also perceptive.' 'This newcomer to publications on competition law and policy is warmly welcome.' (Valentine Korah, Professor Emeritus of Competition Law, University College London).

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Current Competition Law Vol. V

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Editors: Philip Marsden, Michael Hutchings and Peter Whelan
Published: April 2007
ISBN-10: 1-905221-06-1
ISBN-13: 978-1-905221-06-6
Cover: Paperback
Pages: 713

This book is a collection of papers and speeches given at the following conferences of the British Institute's competition programme in 2005-2006:
the annual Merger Control Conference (November 2005);
a conference on the Reform of Article 82 (February 2006);
the annual Competition Litigation Conference (February 2006); and
the annual two-day Trans-Atlantic Antitrust Dialogue (July 2006).
Research papers written by the British Institute's Competition Law Forum on private actions, reform of Article 82, and consumer detriment are also included.
Areas covered include in-depth analyses of such topical areas as cartels, pricing practices and mergers. The book also provides comparative perspectives from European and North American experts, as well as important statements of policy by competition officials.

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Creation & Amendment of Constitutional Norms

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Editor: Mads Andenas
Published: January 2000
ISBN-10: 0-903067-90-0
Cover: Paperback
Pages: 425

This book is an examination of an important aspect of constitutional law: the creation and amendment of constitutions, which in addition to being of interest for practical reasons, brings us close to some of the most fundamental theoretical questions in law. It brings together a wealth of fascinating contributions to the study of comparative constitutional law, covering the constitutions of Commonwealth Africa, Australia, Brazil, Canada, France, Germany, Hungary, India, Ireland, Italy, Malaysia, Nigeria, Rwanda and Burundi, the United
Kingdom, and the United States of America.

The contributions are of particular significance to the status of human rights and their legal recognition, as well as to theoretical comparative public law scholarship. The volume suggests in its final comparison of constitutional norms that perhaps constitutional amendments should be made difficult once a constitution has settled into its foundations.

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Enhancing Legal Postn of European Consumer

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Editor: Julian Lonbay
Published: January 1996
ISBN-10: 0-903067-65-X
Cover: Paperback
Pages: 261

This collection describes the developing topic of European Consumer Law - one of the areas in which European Law has had the greatest impact upon the practical commercial dealings of ordinary citizens, and so on national law. Fourteen contributors analyse the origin and development of European Consumer Law and its impact on the internal market. This section reviews the basic principles of consumer guarantees and their application, the practice in the spheres of competition insurance and cross-border payments. The process of acceptance of common European standards through protection from unfair contract terms and in air travel, package holidays and distance selling all illustrated the range of European law and the practical importance of this study.

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Enforcing Contracts in Transition Economies

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Editors: Mads Andenas and Gerard Sanders
Published: March 2005
ISBN-10: 0-903067-59-5
Cover: Paperback

This important and incisive new book examines contractual enforcement mechanisms in Central and South-eastern Europe and the Commonwealth of Independent States. The volume is an outcome of the cooperation between the European Bank for Reconstruction and Development and the British Institute for International and Comparative Law.

The EBRD and BIICL have facilitated both formal and informal dialogue and cooperation on contract enforcement issues. The rich and informed debate between practitioners and academics, together with the representatives of international organisations, policymakers and judges is reflected in this book.

The book addresses four issues of crucial importance to the development of meaningful contract enforcement mechanisms in transition nations:

What has been the role of the rule of law in development and protection of contractual rights in transition nations of Central and South-eastern Europe and Commonwealth of Independent States?
What is the role of courts in these countries, their structure, independence and integrity?
Practical aspects of contract and obligations enforcement; what framework should they follow?
When it comes to arbitration or alternative dispute resolution, who are the main actors and what is the appropriate script?
The book highlights that after more than thirteen years of transition, contract enforcement has not reached a stage where it provides the required basis for economic development. It requires sustained attention from national governments, regional bodies and the international community. The book concludes by examining the appropriate way forward.

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Enforcement Agency Practice in Europe

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Editors: Mads Andenas, Burkhard Hess and Paul Oberhammer
Assistant Editor: Hugo Warner
Published: July 2005
ISBN-10: 0-903067-69-2
Cover: Paperback

How far is Europe from an area of 'free movement' of judgments in the same way that there is free movement of goods, persons, services and capital? Just as the free movement of goods has required the harmonization of standards relating to the manufacture and distribution of goods, the free movement of judgments will require the harmonization of procedural standards and the creation of new interfaces between systems. Focus has been on the mutual recognition of judgments. The next stage is the actual enforcement of a legally enforceable judgment, and this book is the first major contribution to comparative scholarship on this topic.

The differences between the systems of civil procedure in the European Member States are deep-seated and relate in particular to different approaches to judicial organization. The development of appropriate rules for the European Judicial Area is a complex task. Practitioners typically do not have the time or the incentive to explore the reasons for the difficulties they face in cross-border disputes. Policy makers lack input from practitioners. A framework needs to be created within which detailed comparative information can be provided on subjects that are of interest to policy makers so that structural differences can be properly taken into account.

This book examines the structure, status and procedures of enforcement agencies in Europe and the implications for individuals and companies in seeking to enforce a judgment in the European Judicial Area. The project is part of a more ambitious programme and a research network on European civil procedure based at the British Institute of International and Comparative Law.

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Building Peace in Post-Conflict Situations

How can peace be effectively achieved after conflict? Experts from academia and practice explore in this book examples of post-conflict resolution and its history as well as issues pertaining to different mechanisms to achieve national reconciliation whether via courts, truth and reconciliation commissions and international prosecution.
In the first section of this book, 'beyond the courts' mechanisms are analysed: apologies, truth and reconciliation commissions, and amnesties. The case studies section of the book is based on reports of field missions organised by the British Institute of International and Comparative Law in the following post-conflict States: Cambodia, Sierra Leone, and Bosnia and Herzegovina. Then, legal issues in international prosecution such as selectivity, and the effect of international prosecution and domestic courts are discussed. Finally, the issue of reparation for victims is explored with specific regard to women and children.

This book forms part of the ATLAS project (Armed Conflicts, Transitional Justice, Peacekeeping: Law as Solution) which is funded by the 7th Framework Programme of the European Commission. It has a great appeal to many and is particularly relevant to students, academics and practitioners in the field of international law and human rights law in post-conflict States.



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The Euro: Law, Politics and Economics

Image of The Euro: Law, Politics and Economics

Editors: Jean-Victor Louis and Assimakis Komninos
Published: September 2003
ISBN-10: 0-903067-58-7
Cover: Paperback
Pages: 527

The first part of this book contains reports on legal, political, and economic developments in most Member states of the European Union (Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Portugal, Spain, Sweden, and the United Kingdom), as well as reports touching upon the enlargement perspective. The second part bring together 'horizontal' contributions on selected problems of the EMU system, transcending national borders : the role of public opinion and of national governments and political parties, the monetary and economic policy coordination in the Third Stage of the EMU and the risk of asymmetric shocks, fiscal policy coordination and discipline and the present and future Stability and Growth Pact, prudential supervision, the specific legal position of Sweden with reference to its non-participation in the common currency , and the functioning of the ECB in an enlarged Union and EMU.

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Euro in the National Context

Image of Euro in the National Context

Editor: Jean-Victor Louis
Published: May 2002
ISBN-10: 0-903067-67-6
Cover: Paperback
Pages: 395

The book is the result of a collaboration between the Institute and the 'Eurospectator' research project of the European University Institute. It is a volume of reports examining the introduction of the euro and the ensuing developments throughout the year 2000 in most of the Member States of the European Union: Austria, Belgium, Denmark, France, Germany, Greece, Ireland, Italy, the Netherlands, Spain, Sweden and the United King-dom.

What emerges from these studies, produced in the framework of the research project, is the stance of the majority of the EU Member States' population towards the general European integration.

While in certain Member States the EMU and the euro had a marginal political impact, in others they were central to the internal political debates. An acceptance of the institutional set-up of the EMU and of the ECB monetary policy decisions on the part of some financial institutions contrasts with a certain degree of criticism by some academic circles.

There is a clear consciousness of the likely spillover effects of monetary integration on general economic and social policies, although no clear trend emerges. With a wide range of contributors providing perspectives on this contemporary issue of European integration, this book provides a fascinating analysis of the connected political, legal and economic developments stemming from the introduction of the euro.

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European Court of Human Rights: Remedies and Execution of Judgments

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Editors: Theodora Christou and Juan Pablo Raymond
Published: April 2005
ISBN-10: 0-903067-54-4
Cover: Paperback

This publication combines several papers resulting from a conference held at the British Institute of International and Comparative Law in 2003. Tom Barkhuysen and Michel van Emmerik provide a comparative view on the implementation of judgments of the European Court of Human Rights (ECtHR) within the national legal orders of various Member States and assess what improvements are required. Murray Hunt outlines the State?s obligations flowing from a judgment of the ECtHR within the context of the wider international law framework governing the legal consequences of internationally wrongful acts. Ed Bates charts the supervision of the execution of judgments delivered by the ECtHR and the challenges facing the Committee of Ministers. Piet Hiem van Kempen discusses a framework for a national post-trial procedure for redressing violations of the ECtHR in criminal cases.

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Evidence before the International Court of Justice

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Authors: Anna Riddell and Brendan Plant
Published: February 2009
ISBN-10: 978-1-905221-25-7
Cover: Hardback
Pages: 420

Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study by the British Institute of International and Comparative Law on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts in detail, in both contentious and advisory proceedings, from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace.

Considerations of flexibility and respect for the sovereignty of the State Parties before it have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases in which a thorough consideration of the facts has been essential has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an incerasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench.

This book examines the history and development of the treatment of evidence since the early days of the PCIJ up to the recent Nicaragua v Honduras judgment, critically analysing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions and academic writings on the subject. It aims not only to provide an academic discussion of the subject, but also to act as a guide to practitioners appearing before the Court.

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Fide XX Congress Vol. I

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Published: November 2002
ISBN-10: 0-903067-87-0
Cover: Paperback
Pages: 959

The Congress is a bi-annual meeting of the International Federation for European Law (FIDE). It brings together national associations of European law and serves as a forum for the study and development of the European law.

The Congress is a bi-annual meeting of the International Federation for European Law (FIDE). It brings together national associations of European law and serves as a forum for the study and development of the European law.

The XXth FIDE Congress had three parallel topics:
1. European Law and National Constitutions
2. Financial Services in the Era of the Euro and E-commerce: Does home control work?
3. Cross Border Mergers in Company Law and Competition Law: Removing the final barriers.

For each topic, national rapporteurs submit reports on the basis of a questionnaire prepared by the General Rapporteur. The Congress constitutes an open forum for lively debate on the issues raised. The debate is directed by the session Chairman and the General Rapporteur, who prepares a general report and conclusions at the end of the Congress. The emphasis is on participation and the sharing of ideas.

This publication brings together the national reports prepared in advance before the Congress. Along with its forthcoming companion volume, which will contain any remaining national reports as well as the general reports, it is a most useful record of the preparations and of the proceedings of the Congress.

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Fide XX Congress Vol. II

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Published: December 2003
Publisher: BIICL
ISBN-10: 0-903067-53-6
Cover: Paperback
Pages: 800

This title brings together those National Reports not included in Volume I with the General and Community Reports from the 20th FIDE Congress, held in London in 2002. Together with Volume I, this title provides a most useful record of the preparations and proceedings of the Congress.

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Financial Crises in the 1990's

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Editors: Douglas Arner, Mamiko Yokio-Arai and Zhongfei Zhou
Published: March 2002
ISBN-10: 0-903067-52-8
Cover: Paperback
Pages: 695

This book provides the historical perspectives and context to assist scholars and policymakers in their analysis of the lessons learned from the series of financial crises in this decade. The authors analyse financial crises in over 16 divergent jurisdictions over the 1990s. Through comprehensive discussion, the book unfolds similar causes of crises, whether in developing and transitional countries, or in developed countries.

It further indicates that these lessons were unfortunately largely ignored both at a domestic and international level, with the result that a similar tragedy occurred in East Asia. Based on studies of the effects of international contagion following financial crises, the book presents the interaction process between external contagion and problematic domestic structural conditions.

It also introduces the necessity of a rule-based system in restructuring the financial system in crises-hit countries.

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Financial Sector Law Reform in Emerging Economies Vol. II

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Author: JJ Norton
Published: January 2000
ISBN-10: 0-903067-66-8
Cover: Paperback
Pages: 378

This was the first volume to be published in the Sir Joseph Gold Memorial Series; a new series of publications on International Financial Law, produced in association with the London Institute of International Banking Finance & Development Law. The stability of economic and financial systems requires viable financial and commercial law systems of considerable sophistication and of high integrity and transparency.

This volume extensively explores the law-based approach to financial sector reform in transition and emerging economies. Through comprehensive discussion of reforms in banking, capital markets, pensions, and State-owned enterprises in transition and emerging economies, this volume unfolds the complicated web of private and public laws, of domestic, regional and international laws, and of statutes, administrative regulations and case law which cover financial services and financial institutions.

It presents an evolving process of interaction between external, both international and regional, supervisory developments and domestic financial legal frameworks. Based on an investigation into the new trends in international financial regulation, especially the growing body of soft law in this area, the book predicts the eventual establishment of a new partnership among the various regulators of the financial sector in transition and emerging economies.

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Future of Transnational Civil Litigation

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Editors: Mads Andenas, Neil Andrews and Renato Nazzini
ISBN-10: 0-903067-97-8
Cover: Paperback
Pages: 440

This book addresses the problem of transnational civil litigation by presenting the responses of English law to the project between the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT) to draft a set of Principles and Rules applicable to transnational civil litigation. Senior members of the judiciary and leading practitioners from Europe and America examine specific issues of transnational civil litigation from the perspective of the English and Welsh Civil Procedure Rules 1998.

The most prominent problems of cross-border dispute resolution are addressed by the book, such as those relating to: presentation of evidence and documentary disclosure; case management; appellate procedures; interim measures; the relationship between ADR and formal litigation; and the need for further harmonization of civil procedure on a global scale.

The analyses in this book represent a significant contribution to scholarship in an emerging field. Core problems and new directions in transnational civil litigation are unearthed for the benefit of the private international lawyer by means of a comparative approach to both civil and commercial common law systems and the American and English models of civil litigation.

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A Gap in the Enforcement of Article 82

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Author: Ioannis Kokkoris
Published: June 2009
ISBN-10: 978-1-905221-39-4
Cover: Paperback
Pages: 134

The European Commission has acknowledged and respected, in Regulation 1/2003, the ability of the Member States to apply stricter rules than Article 82. There are some types of conduct that cannot be addressed by Article 82 because the undertakings involved are not dominant. One relates to conduct by non-dominant firms against other firms in weaker bargaining positions. A second type of conduct, and the focus of this book, relates to the anti-competitive conducts that non-dominant firms may adopt towards consumers (eg price discrimination, excessive pricing). This book focuses on instances where non-dominant firms have the ability to behave independently of customers and competitors and adopt conducts which will induce consumer harm.

The Commission cannot address anti-competitive conduct of non-dominant firms which induce significant consumer harm. This has resulted from the application of the dominance concept and from the dependence of a finding of a dominant firm on the market share of the firm. The aim of this book is to illustrate that applying the concept of dominance in that way means that a non-dominant firm in a differentiated market can adopt anti-competitive conducts and not be deterred by the possible application of Article 82.

'This book raises interesting questions concerning competition policy, and more specifically the scope of enforcement under Article 82. It also examines the concepts of superior bargaining power and abuse of economic dependence and discusses how some national jurisdictions in the EU have attempted to address these issues. I am sure that my Commission colleagues and I would strongly agree with Ioannis Kokkoris on some issues and strongly disagree on others. But I very much welcome his lively contribution to this important debate.'

Philip Lowe
Director-General
DG Competition-Europe

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Manual of German Law Vol. I

Published: January 1990
Publisher: BIICL
ISBN-10: 6728 195
Cover: Hardback
Pages: 341

The primary purpose of this book is to assist those who in the course of their legal practice require information on elementary aspects of German Law. It was published in 1968.

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Global Financial Sector Development

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Editors: Joseph Norton and Christos Hadjiemmanuil
Published: October 2005
ISBN-10: 0-903067-94-3
Cover: Paperback
Pages: 371

It is now axiomatic that a priority policy and practical goal of countries?developed and developing?is the creation and maintenance of viable, robust, yet stable financial markets (bank, capital, insurance, mortgage, and pension) for the purpose of fostering broader, sustainable economic growth and development. To achieve such financial markets requires significant financial infrastructure law reform and related technical assistance. This volume endeavours to capture a selection of the main developments in the area on an international, regional, and major country basis.
On the international level, discussion is provided as to the evolving role of international financial institutions in the area of legal development cooperation (Dean Sandgren), the growing global trend of ?privatization? in modern bank regulation, the role of the International Organization of Securities Commissions (IOSCO) in convergence an creating an ?international passport? for securities offerings (Professor Arner), the intervening concerns of fighting the financing of terrorism (Gardella), and the treatment of financial services under the WTO?GATS regime (Wang).

On the regional level, this volume presents critical perspectives from Africa (Dr Adesegun Akin-Olugbade), MERCOSUR Region (Dr Holz), the European Union (Tagliamonte). With respects to selective key country financial sector reform and developments, consideration is given to the US (Restrepo), PRC (Wu), South Kores (Baik), and Iraq (Al-Nuwaiser).

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Global Trading

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Editors: Mads Andenas
Published: May 2003
ISBN-10: 0-903067-47-1
Cover: Paperback
Pages: 59

This book deals with the changing manufacturer-retailer relationship, which has evolved as a consequence of developments in retailing and their influence on the market for consumer goods. This restructuring of market dynamics, along with the increasing globalisation of business transactions, poses a challenge to the traditional legal analysis of retailer-manufacturer relationships. The trend towards retailer internationalisation has put pressure on suppliers to negotiate with retailers at the international level rather than solely at individual national levels. As retailers' interests become more global and they demand that their operations adopt a global focus, there will be an increasing demand for global supply contracts. This book focuses on one feature of the changing relationship between retailers and manufacturers: the use of global prices, terms and contracts, which
are generally seen to be a manifestation of increased retailer power.

The aim is to identify the legal consequences of replacing a series of nationally-based supply contracts with one multinational or global arrangement.

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A Guide to International Law Careers

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Authors: Anneke Smit and Christopher Waters
Published: January 2010
ISBN-13: 9781905221141
Cover: Paperback
Pages: 70

The experience of many students studying public international law at university is, 'This is fascinating, but what can I do with it?' While this Guide in no way detracts from the more intangible reasons to study international law, it is practically focused and explores the options available to law graduates beyond traditional or domestic law career paths.

The range of possible careers is vast-from human rights to investment law and from the courtroom or boardroom to the refugee camp-and the Guide offers a step-by-step approach to considering whether and how to pursue a career in one of these areas. The essential message is that international law jobs are out there and attainable if approached strategically and with perseverance.

The text-written as a series of questions and answers-is supplemented by practitioners' views and experiences, and appendices containing concrete information on the most useful internships, short courses and Master's programmes.

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Hallmarks of Citizenship

Editor: JP Gardner
Published: January 1994
ISBN-10: 0-903067-40-4
Cover: Paperback
Pages: 200

This Green Paper is the result of a research project jointly undertaken by the Institute for Citizenship Studies and the British Institute of International and Comparative Law. The starting point was the absence of a clear statement of the legal relevance of citizenship in the United Kingdom. The research has identified eighteen Hallmarks of Citizenship which serve to set the boundaries as to the proper scope of the legal rights and obligations to which citizenship refers.

A second aspect of this study is to consider how far the enjoyment of rights identified as hallmarks of Citizenship is dependent upon being a national of the country concerned. This part has been particularly relevant for exploring the meaning and scope of Citizenship of the Union, or European Citizenship, created by the Treaty of European Union (TEU) signed at Maastricht in 1992.

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Human Rights General Norms & States Right

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Editors: JP Gardner, Christine Chinkin and others
Published: June 1997
ISBN-10: 0-903067-50-1
Cover: Paperback
Pages: 207

How is the protection of universal individual human rights to be reconciled with the right of States to qualify their treaty obligations by reservations? This is one of the most pressing problems of human rights and treaty law and this book analyses this question.

The contributors to this volume review the interplay of conflicting principles in the practical operation and interpretation of the eight principal human rights treaties and, with an authoritative introduction by HE Judge Rosalyn Higgins, make a first coherent analysis of this important issue in the protection of human rights and the operation of treaty law.

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Human Rights Manual & Sourcebook for Africa CD-Rom

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Authors: Keir Starmer and Theodora Christou
Published: May 2005
ISBN-10: 1-905221-03-7
ISBN-13: 978-1-905221-03-5
Cover: Paperback

This critical manual is the first of its kind for the African region and an invaluable resource to human rights practitioners, academics and interested parties worldwide. At a time when human rights in Africa have made many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure.

Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries and has not been compiled into a single collection before.

It is hoped that this CD-ROM will provide African human rights lawyers with the necessary means to bring cases successfully and help improve the system from within, relying on the rights guaranteed by the individual Constitutions and using regional and international jurisprudence as a tool of interpretation.

'For legislators and lawyers seeking to secure effective protection of human rights in African countries, this book will be an invaluable tool…facilitating comparative reference to the law and practice of other States.' Lord Bingham of Cornhill

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Independent Administrative Authorities

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Editors: Roberto Caranta, Mads Andenas and Duncan Fairgrieve
Published: April 2005
ISBN-10: 0-903067-49-8
Cover: Paperback

Independent administrative authorities have become a permanent feature of the institutional landscape over past decades. The need for institutions with both impartiality and technical expertise has inexorably led to an increase in number and scope of independent administrative authorities.

Independent administrative authorities regulate stock markets and financial institutions; they protect fundamental rights such as access to administrative documents.

There is however a conflict between independence and accountability. In some ways, independent administrative authorities are at odds with the traditional notion of separation of powers which still lies at the heart of constitutional thinking.

This book aims to shed light on how different legal jurisdictions have articulated their answers to this tension, at the same time discussing how separation of power has been twisted or reworked to make room for this novel form of public authority.

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The Influence of the French Civil Code on the Common Law and

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Editor: Duncan Fairgrieve
Published: August 2007
ISBN-10: 9781905221011
Cover: Paperback
Pages: 517

On the occasion of the recent bicentenary of the French Civil Code in 2004, this book reassesses the influence of this essential element of European private law. Contributions by distinguished jurists from the judiciary and academia examine the current role of the Civil Code within the French system, as well as its impact beyond the borders of France in other countries in Europe and beyond. Particular examination is made of the influence of the Napoleonic Code within Common law countries. Authoritative contributions in both English and French offer theoretical and practical perspectives from both common law and civil law jurisdictions.

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International Environmental Law in National

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Editor: Michael Anderson and Paolo Galizzi
Published: May 2002
ISBN-10: 0-903067-76-5
Cover: Paperback
Pages: 246

National courts have played a significant role for the promotion and application of human rights law, but little work has been done to analyse whether a similar role has been played, or could be played, in the field of international environmental law. This publication aims at filling this gap and is the result of a comparative study initiated in 1996 by the American Society's International Law's Interest Group in International Environmental Law (ASIL-IELIG).

The rationale of the study, its relationship to existing scholarship, the criteria for case selection, and a summary of the project?s findings are found in Daniel Bodansky and Jutta Brunnèe?s introduction. In the following twelve chapters various contributors analyse the role played by international environmental law in the national courts of a broad range of jurisdictions: Australia, Canada, the European Union, Germany, Ghana, Hungary, India, Italy, the Netherlands, Switzerland, the United States of America, the United Kingdom.

The results of this study do not paint a bright picture for the role played by national courts in the application of international environmental law, leading to the conclusion that international environmental rules are applied sporadically in national courts. The various contributors attempt to analyse and explain the reasons for such a situation, one of which has been identified as the lack of analysis and research. This book is an important contribution to raising awareness of the problem and will, it is hoped, contribute to an

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International Electronic Evidence

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Editor: Stephen Mason
Published: May 2008
ISBN-10: 978-1-905221-29-5
Cover: Hardback
Pages: 1002

An increasing number of civil and criminal proceedings involve the use of digital evidence across jurisdictional boundaries. Digital evidence now affects every aspect of law, including contract, employment, family, crime, intellectual property and land law; in effect, no area of law is excluded, and digital evidence has become of greater importance now the Internet and World Wide Web have become ubiquitous.

It is increasingly apparent that criminals and terrorists target the electronic environment to steal, carry out extortion and abuse children across jurisdictions. Additionally, both public and commercial organizations now rely on the digital environment to such an extent that it has become critical to business and, perhaps, the survival of the State.

This new title provides an outline of the substantive law of evidence, admissibility, disclosure, and procedural requirements in respect of digital evidence for the jurisdictions covered, which include: Argentina, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand and Turkey.

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Int'l Econ Law & Dev States: Some Aspects

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Editor: Hazel Fox
Published: January 1990
ISBN-10: 0-903067-29-3
Cover: Paperback
Pages: 148

This first volume in the series, 'International Economic Law and Developing States', this title was first published in 1988. The book is the product of the annual Commonwealth students' Conferences organized by the Institute. A Japanese translation is also available. A second volume was published in 1992.

Contributors include: Gillian M White, Stephen A Silard, AV Lowe, Hazel Fox QC, Eugeniusz Piontek, Paul V McDade.

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Intertemporality and Law of Treaties

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Author: DW Greig
Published: September 2001
ISBN-10: 0-903067-71-4
Cover: Paperback
Pages: 144

This volume takes concepts such as intertemporal law and critical dates in territorial disputes and considers their relevance to the application and interpretation of treaties. Perceptions of interpretation are bound to change over time, not least because of factors extrinsic to a particular instrument: changing or emerging community values may well influence the outcome of the interpretative process. The question is also addressed as to whether it is appropriate to rely on Articles 31 and 32 of the Vienna Convention on the Law of Treaties in the case of treaties concluded in a much earlier era.

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International Law Commission and Future of Int. Law

Editors: Michael Anderson, Alan Boyle and others
Published: January 1998
ISBN-10 :0-903067-95-1
Cover: Paperback
Pages: 261

This volume contains 'The Report of The Study Group on the Future Work of International Law Commission' which is prepared by an independent study group, considers the changing role of the ILC and provides a rigorous and independent assesment of the prospects of law-making in a number of important areas.

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International Lawyer as Practitioner

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Editor: Chanaka Wickremasinghe
Published: March 2000
ISBN-10: 0-903067-46-3
Cover: Paperback
Pages: 184

In this volume a team of distinguished and experienced practitioners of international law examines the processes of how international law is maintained in practice.

Contributors to this book are: HE Judge David Anderson CMG, Sir Franklin Berman KCMG QC, Professor Sir Elihu Lauterpacht CBE QC, Professor Maurice Mendelson QC, Professor Alain Pellet, Pofessor Philippe Sands, Sir Ian Sinclair KCMG QC, Dr. Christaan Timmermans, Michael Wood CMG and Dr. Ralph Zacklin. It features an Introduction by the late Professor Sir Robert Jennings QC.

The volume represents a unique source of insights and advice for all those considering international legal problems, whether they be practitioners, scholars or students.

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Int'l Monetary / Financial Law Upon Entering

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Editors: Joseph Norton and Mads Andenas
Published: January 2003
ISBN-10: 0-903067-96-X
Cover: Paperback
Pages: 839

The period during the last few years of the second World War, and the few years after peace, was one of the most fecund in relation to innovation for critical human institutions, possibly in the history of the world.

Recoiling from the horror of the war, and responding also to the tragedy of the post-first World War period, where mistakes regarding economics caused enormous hardship, governments, statesmen and national lead-ers were determined to avoid a repetition of the events of the past.

The results of these efforts in the 1943-8 period were the establishment of the International Monetary Fund, the World Bank, and a provisional organization for trade, called the General Agreement on Tariffs and Trade (GATT).

Though Joseph Gold may not have been 'present at the creation' of the International Monday Fund, he surely was the key legal architect of its post-war development. In the area of international monetary law, Sir Joseph was more than the path-finding legal scholar of the post-war era; he often created and defined the parameters of the intellectual journey. In this respect, Sir Joseph was unrivalled as a public international law scholar.

This volume contains a wide range of articles dealing with issues of international monetary law, including the World Bank and the IMF, the concept of 'dollarization', the EMU and financial conditions in Africa and Asia, as well as personal tributes to the accomplishments of Sir Joseph Gold, to whose memory this series is dedicated.

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Introduction to German Civil and Commercial Law

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Authors: Gerhard Dannemann and Thomas Meyding
Published: January 1993
ISBN-10: 0-903067-35-8
Cover: Paperback
Pages: 140

This volume arises from the series of workshops organized by the Institute as an introduction to aspects of German law. The emphasis on the areas of contract, sales, and commercial law reflects the interests of the practitioner as well as the student.

This book takes account of the common lawyer's standpoint and emphasizes some differences of approach between the German and English systems which may be particular traps for the unwary.

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Invalidity and the Law of Treaties

Author: DW Greig
Published: May 2006
ISBN-10: 1-905221-02-9
Cover: Paperback

The invalidity of treaties is a topic which is scarcely dealt with in legal literature and much the same is said of the separability of invalid treaty provisions.

Don Greig's Invalidity and the Law of Treaties is designed to rectify this neglect. It deals with the consideration of the topics by the International law Commission and how the Commission failed to pick up the defects in its own recommendations, particularly with regard to the difficulty of applying separability to several of the invalidity provisions. It also includes a discussion of the powers of the Security Council as they might affect the validity of a treaty.

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Investment Treaty Law: Current Issues I

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Editors: Federico Ortino, Audley Sheppard and Hugo Warner
Published: February 2006
ISBN-10: 1-905221-05-3
Cover: Paperback
Pages: 220

In 2004 The British Institute of International and Comparative Law established its Investment Treaty Forum with the principal objective of carrying out applied research, analysis and policy discussion in the field of investment treaty law and arbitration. As part of its research activities, the Forum held two major conferences in 2004: Appeals and Challenges to Investment Treaty Awards: Is it Time for an International Appellate System? and The Relationship between Local Courts and Investment Treaty Arbitration.

The first conference addressed the feasibility and implications of the establishment of a mechanism for the hearing of appeals from investment awards. It focused in particular on the questions of whether there is an actual demand for an appellate mechanism in investment treaty arbitration and, if so, how best to establish the necessary institution taking into consideration issues such as the role and nature of investment treaty arbitration and the legitimacy of investment awards.

The second conference dealt with issues arising in respect of the co-existence of local and international courts and remedies stemming out of the complex web of international investment agreements and the ever-growing number of legal proceedings 'both at the national and international level' brought by foreign investors against host States.

This publication records the presentations given by some 40 experts in the field as well as the ensuing debate on these two interesting and complex topics, making available an abundance of insights and ideas at a time when the need for addressing the systemic challenges of treaty investment law becomes ever more acute.

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Current Competition Law Vol. II

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Editors: Mads Andenas, Michael Hutchings and Philip Marsden
Published: April 2004
ISBN-10: 0-903067-63-3
Cover: Paperback
Pages: 400

This book is a collection of papers and speeches given at a number of competition law conferences and events during 2003, focusing particularly on the Institute's major annual conference on international and comparative competition law: 'an excellent forum for exchanging views and fostering a transatlantic dialogue about current trends and issues in competition and antitrust law'. (William Kolasky, Wilmer Cutler & Pickering, formerly Deputy Assistant Attorney General of the Antitrust Division, US Department of Justice).

Areas covered include in-depth analyses of such topical issues as cartels, compliance, competition in media, pricing practices and mergers, and provide both national and international perspectives from European and North American academics and practitioners, as well as important statements of policy by competition regulators.

Of the first volume in this series, Competition Law Yearbook 2002: 'The quality of the speakers and their talks is comparable with those of the Fordham Corporate Law Institute. Many experts are in the audience and the discussions after the talks are also perceptive.' 'This newcomer to publications on competition law and policy is warmly welcome.' (Valentine Korah, Professor Emeritus of Competition Law, University College London).

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Investment Treaty Law: Current Issues II

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Editors: Federico Ortino, Lahra Liberti, Audley Sheppard and Hugo Warner
Published: August 2007
ISBN-13: 978-1905221-08-0
Cover: Hardback
Pages: 261

In 2005, as part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law organized two very successful public conferences in London addressing the issues of 'Nationality and Investment Treaty Claims' and 'Fair and Equitable Treatment in Investment Treaty Law'.

The first conference addressed a central issue in international law. Nationality sits at the heart of the debate over the rights and participation of private parties in international relations. In international investment law, nationality constitutes one of the central criteria defining the scope of application of international investment agreements such as the ICSID Convention or the several thousand bilateral investment treaties (BITs) and free trade agreements (FTAs). It is a very complex and sensitive topic as the debate following the 1970 International Court of Justice decision in Barcelona Traction amply demonstrates. Topics addressed at the conference include the issue of nationality of physical and legal persons, the requirements for substantive and continuous nationality, as well as the issue of nationality in derivative actions and indirect claims.

The second conference dealt with potentially the most important and elusive obligation imposed on States by international investment treaties: the fair and equitable treatment standard. The elements that are usually cited by the case law and by legal scholars in the attempt to describe the meaning of the fair and equitable treatment standard include very broad concepts that are open to differing interpretations depending fundamentally on the perceived objectives of the international investment system.

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Investment Treaty Law: Current Issues III

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Editors: Andrea Bjorkland, Ian Laird and Sergey Ripinksy
Published: February 2009
ISBN-13: 978-1-905221-12-7
Cover: Paperback
Pages: 333

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them.

The Forum held two conferences in 2007: the present volume compiles the papers presented at the conferences as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment arbitration that featured some of the foremost authorities on the subject.

Part I of the book is devoted to remedies, compensation and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Papers in Part II address the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

Preface and Table of Contents

Purchase this book along with Investment Treaty Law Current Issues I and II for a 3-volume set price of £170.

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Sharia, Muslim States & International Human Rights

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Author: Nasrine Abiad
Published: 2008
ISBN: 978-1-905221-41-7
Cover: Paperback
Pages: 240

This research, undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties, seeks to measure and analyse to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States.

An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States: at an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State’s engagement; internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

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Sourcebook of International Human Rights Materials

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Author: Aphrodite Smagadi
Published: 2008
ISBN: 978-1-905221-40-0
Cover: Paperback
Pages: 452

From 2005-2008, the British Institute of International and Comparative Law has been conducting a comprehensive project on human rights in the Islamic Republic of Iran. The project’s aim was to promote human rights as a central part of the dialogue in which the European Union and Iran have been engaged since 2002.

This publication is one of the outputs of the project. It is designed as a practical guide and reference book for lawyers and other human rights defenders, and it describes the international legal framework of human rights.

This brief account of fundamental principles of treaty law and practice aims to facilitate better understanding of the structure and functioning of the human rights system at the international level. Focus is then placed on selected individual human rights and on the issues encountered by vulnerable groups, on the basis of significance of the topics to both parties to the dialogue. In each section, analysis is accompanied by the relevant provisions of international human rights instruments and case law. The book concludes with a list of bibliographical sources suggested for further reading.

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Jurisdiction & Enforcement of Judgements...

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Editor: Paolo Galizzi
Published: August 2003
ISBN-10: 0-903067-85-4
Cover: Paperback
Pages: 1922

The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters was concluded on 27 September 1968 among the original six Member States of the then EEC. On 1 March 2002, the Convention was replaced by EC Regulation No 44/2001 of December 2000 on Jurisdiction and the Recognition
and Enforcement of Judgments in Civil and Commercial Matters.

Regulation 44/2001 left much of the Convention unaltered, but parts were also modified inter alia in order to take into account decisions of the European Court of Justice.

These two volumes contain over 100 decisions of the European Court of Justice on the interpretation of the Brussels Convention from 1976 onwards, as well as the Advocate Generals' opinions for each case. The provisions of the Convention cannot be properly understood and applied without reference to this case law.

The case law of the ECJ will also continue to be of fundamental importance due to its relevance to a proper understanding of the provisions of the new Regulation.

This book thus provides an essential tool to those interested in the 'new' Regulation and its spirit of continuity from the 'old' European rules on jurisdiction and the enforcement of judgments in civil and commercial matters.

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Law, Culture and Economic Development

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Editors: Joseph Norton and C Paul Rogers
Published: February 2008
ISBN-13: 9781905221189
Cover: Paperback
Pages: 349

Law, Culture, and Economic Development brings together some of the leading legal scholars, policymakers and practitioners in the international economic development area (with the emphasis on Latin America) to address key issues of legal reform facing developing countries in their effort to achieve accessible, equitable and sustainable economic development: issues of cultural impediments will be stressed. With a preface by Professor Sir Elihu Lauterpacht, QC, CBE, some of the contributing experts include Roberto Danino (former General Counsel of the World Bank), Hernando Desoto (author of the Mystery of Capital), Professor Roberto MacLean (former Head of Judicial Reform at the World Bank), Professor Antonio Parra ( former Deputy-Secretary of ICSID), Dr Teresa Genta-Fons (World Bank Senior Legal Counsel), Professor Bernhard Grossfeld, Professor Jeswald Salacuse, Professor Julio Faundez, Professor Mads Andenas, Professor Beverly Carl, Professor Joseph Norton, Professor Ndiva Kofele Kale, Professor Christopher Hanna, Professor Shubha Ghosh, Professor Diego Bunge, Professor Marcos Valadao, Dr Anna MacLean, and Dr Mauricio Bacquero-Herrara. Topics considered from a developmental perspective include human rights, legal institutions, judicial reform, investment treaties, investment disputes, corruption, financial sector reform, accounting systems, linkage to the WTO, administrative legality, intellectual property, corruption, taxation and legal education reform. The chapters are derived from presentations made at the 2006 Paul Carrington Memorial Lecture at the SMU Dedman School of Law in Dallas, Texas, honouring the distinguished career (as Law Dean, Judge, Central Banker, Ambassador, legal scholar, and judicial reform expert) and 75th birthday of the Hon Roberto MacLean.

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Legal Globalisation: Money Laundering Law and Other Cases

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Author: Heba Shams
Published: April 2004
ISBN-10: 0-903067-73-0
Cover: Paperback
Pages: 262

Volume 5 in the Sir Joseph Gold Memorial Series deals with the case study of money laundering law.

Over the past three decades, globalization has been gathering momentum. As a process of social change, globalization has been propelled by rapid technological innovation which rendered massive instantaneous communication possible, as well as extensive processes of de-regulation and liberalization. The combined effect of these developments was the emergence of non-State actors which operate across national borders and master substantial economic and informational power.

Meanwhile the State, as the primary agency of governance, has remained jurisdictionally territorial while becoming less dominantly powerful. Both features have resulted in a ?governance crisis? and have turned globalization into a ?legal problematic?. In response, legal governance adopted six different modalities, each of which presents a certain deviation from traditional legal principles. Resolving the tension between change and continuity is a two-way process which involves revising both the legal response to globalization and the traditional principles that it challenges.

The case study of money laundering law demonstrates emphatically the legal problematic, the modalities of the solution and the challenges they pose. Other cases drawn from UN law, environmental law, securities regulation and internet law will also show that money laundering law is not an isolated incident.

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Liber Amicorum Guido Alpa

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Editors: Mads Andenas, Silvia Diaz Alabart, Sir Basil Markesinis, Hans Micklitz and Nello Pasquini
Published: December 2007
ISBN-13: 978-1-905221-28-8
Cover: Hardback
Pages: 1112

'A festschrift for Guido Alpa, what could be better or indeed more fun', Guido Calabresi writes in the Foreword to this book. He adds, 'the guests come from all over the world and represent the most interesting, the best, each country has to offer. Truly a fête, truly amicorum! . . . Guido Alpa knows the place of theory in law, and knows how to apply it to the forensic arts. He does this, however, without ever confusing the role of the scholar and that of the advocate. In Guido Alpa both parts are played elegantly, each learns from the other, but the two are never conflated . . . We have come because Guido is truly international in outlook and in feeling . . . Guido stands out because he has always, and almost instinctively, known what it means to have a worldwide view of law. In this he is at one with more than a few of the guests here today, which, in turn, explains their presence.'

Guido Alpa is Professor of Civil Law at the University of Rome 'La Sapienza'. He has held numerous visiting chairs at universities around the world, honorary degrees, and appointments and honours too many to mention.

He is a leading scholar of private and commercial law, but also covers many constitutional and regulatory topics, moving freely across the boundaries that divide the law. He is recognized internationally as a leading comparativist but also as one of the parents of European private law.

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Market for Corporate Control

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Author: Tunde Ogowewo
Published: December 2001
ISBN-10: 0-903067-57-9
Cover: Paperback
Pages: 89

There has been a recent spate of law reform (or creation) exercises with a view to adopting modern financial market legal infrastructure. These exercises are a consequence of the aspiration of governments in emerging economies to have capital markets that perform their allocative function efficiently and ensure that assets of companies are efficiently utilised.

Although some of these financial market regulatory codes are homegrown, most are constructed externally and transplanted to emerging economies under the auspices of various technical assistance programmes sponsored by multilateral organisations, such as the World Bank and the International Monetary Fund. So long as regulatory codes are constructed that satisfy a prescribed checklist, it is seldom the case that an audit of such codes is carried out, even though most law reform (or creation) exercises are largely unscientific.

This book is an audit of the result of one such reform exercise, Nigeria's recent capital market statute, the Investments and Securities Act 1999, as it pertains to the market for corporate control. It highlights the pitfalls of law reform (or creation) exercises, even when they are homegrown. It combines exposition and critical analysis of the Investments and Securities Act 1999 with appropriate references to jurisdictions where there is an active market for corporate control. It provides a clear explanation of the legal rules of codes regulating the market for corporate control, enriched by a discussion of the underlying objectives of the rules, and is the first publication to deal with the Investments and Securities Act 1999.

Essential reading not only for those involved in constructing codes for emerging markets, but also for practitioners and students of securities regulation.

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Markets & Comparative Law

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Author: Guido Alpa
Published: November 2010
ISBN-10: 9781905221462
Cover: Paperback
Pages: 264

Available for the first time in English, in this latest collection of essays Guido Alpa brings his cosmopolitan approach to current issues in European, private, and commercial law.

Covering a broad range of topics, Alpa provides thought-provoking discussion and insight on the themes of legal harmonization and the influence of comparative law on the evolution of legal forms. Accessible and informative, he writes with unique authority on current developments and issues regarding fundamental rights, the World Bank, contract law, family law and changing social norms, and the effect of modern human rights instruments on private law to name just a few-illuminating different solutions to common legal problems.

His observations are an essential addition to the existing literature on European private law, and readers will benefit not only from his own deep interest and research in law but the breadth of his expertise in history, classics, literature and politics.

Most lawyers will find in this book something of interest as well as plenty of cause for envy for the culture of a man who is not only an exemplar of Italian learning but also a good and loyal friend of our own law. One can thus not only commend this book to one's colleagues...but also congratulate the British Institute of International and Comparative Law on its initiative to make these essays available to English speakers.

-Sir Basil Markesinis

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Medicinal Bioprospecting

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Author: Aphrodite Smagadi
Published: August 2009
ISBN-13: 978-1-905221-36-3
Cover: Paperback
Pages: 246

The production of medicines, pharmaceutical and herbal, involves the sourcing of both genetic resources in the natural environment, and local knowledge. Sourcing substances for medicines in the natural environment is known as biodiversity prospecting or 'bioprospecting'. To ensure that benefits resulting from medicinal bioprospecting are brought to those ultimately bearing the costs of conservation and sustainable use, there must be a focus on indigenous peoples' rights-particularly property rights, whether to land, genetic material, intellectual property, or traditional medicinal knowledge.
This study considers the importance of access and benefit-sharing agreements as incentives for biodiversity protection. It analyses the meaning of the objectives set by the Convention on Biological Diversity (CBD) for its implementation, examines selected domestic access and benefit-sharing measures and industry practices and, finally, evaluates the discussions taking place in international fora regarding the Convention and its principles. Finally, it attempts to make recommendations on how to realize the objective of the Convention for 'fair and equitable' benefit-sharing, focusing on enhanced protection of indigenous peoples' rights.

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Mercosur Codes

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Editor: Marta Haines Ferrari
Published: January 2000
ISBN-10: 0-903067-51-X
Cover: Paperback
Pages: 429

Since its formation in 1991, the dynamic presence of MERCOSUR has brought about far-reaching changes to the business and legal environment of South America. Given the significance of these changes for lawyers around the world, the British Institute of International and Comparative Law has published the first comprehensive collection of MERCOSUR legal documents in English.

The volume includes a discussion of the historical and economic background to MERCOSUR and an analysis of its future prospects, as well as a discussion of the legal framework. The treaties and other instruments have been translated from the original Spanish and Portuguese versions.

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Multilateralism v Unilateralism

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Editor: JB Attanasio and JJ Norton
Published: March 2005
ISBN-10: 0-903067-44-7
Cover: Paperback
Pages: 525

This volume is a product of the Carrington Lecture Series Project at the SMU Dedman School, in cooperation with the British Institute of International and Comparative Law. Its aim is to explore the nature and implications of the fact that the major security, economic and environmental challenges facing our global society today can be addressed in either of two broad ways: unilateral mechanisms and multilateral mechanisms.

This volume, through its 19 comprehensive chapters, draws together a most distinguished group of policymakers and academics to discuss and to debate the interaction in unilateral behaviour in the context of the military, economics, the environment, and international organizations. When the tragedy of September 11 occurred, this volume was already well into the planning stage. The focus of the volume was changed not so much to be a critique of unilateralism, but a comparison of unilateral versus multilateral behaviour in the above four areas. The issues presented in this volume represent some of the momentous and historic challenges facing our global society as we embark upon the 21st Millennium. As such, this volume should be of interest to all those in the public sector, private sector and the Academy who are concerned with the future of our planet.

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National & International Perspectives on Law / Privatisation

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Author: John McEldowney
Published: January 1999
ISBN-10: 0-903067-41-2
Cover: Paperback
Pages: 239

Privatisation policies have been adopted by many countries throughout the world as a strategy for change. As economic growth appears to give way to recession in many economies the strategy of privatisation and liberalisation of the market has come under intense scrutiny.

From this perspective privatisation and regulation commands a broad interest and general curiosity. This publication aims to provide readers with and understanding of the complex issues that touch on the development of a privatisation strategy.

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Joint Development Offshore Oil / Gas Vol. I

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Editor: Hazel Fox
Published: January 1989
ISBN-10: 0-903067-31-5
Cover: Paperback
Pages: 426

A first meeting to investigate joint development agreements between States in offshore maritime zones was held by the Institute on 10 June 1985. A Working Group under the chairmanship of Sir Maurice Bathurst was set up with members drawn from industry, university and government service. The Working Group was supported by Hazel Fox and research officers of the Institute. At the first meeting of the Working Group, the objective of the research project was identified as the production of "a Model Agreement with Commentary for States with alternative clauses taking into account commercial requirements of participating oil companies on essential matters such as governing law and title".

The Research Team included: Hazel Fox QC, Paul McDade, Derek Rankin Reid, Anastasia Strati, and Peter Huey.

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Joint Development Offshore Oil / Gas Vol. II

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Editor: Hazel Fox
Published: February 1990
ISBN-10: 0-903067-32-3
Cover: Paperback
Pages: 259

In July 1989 the Institute held a conference at which world experts drawn from government, international organisations, university and industry gave their views on joint development and discussed in detail the provision of the Institute's Model Agreement (see volume 1 in this series).

This second volume on joint development of offshore oil and gas represents the outcome of this conference. It contains the papers of the speakers at the conference together with the text of the revised Model Agreement and a detailed Summary of the comments and criticisms made and the research teams's response.

In addition, taking into account that less than six months after the conference, Australia and Indonesia concluded an agreement on joint development in the Timor Gap which elaborates in many respects the structure of the Model Agreement, the text of that Australia/Indonesia Treaty in the Zone of Cooperation has been included in this volume.

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The Palestine Question in International Law

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Editor: Victor Kattan
Published: May 2008
ISBN-13: 9781905221301
Cover: Hardback
Pages: 1045

The question of Palestine has been a pivotal one for international law ever since the foundation of the United Nations Organisation in 1945. It remains so today. On 9 July 2004, the International Court of Justice gave its advisory opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory, where it ruled on some major international law questions concerning the applicability of the Geneva Civilians Convention of 1949 to prolonged occupations, as well as human rights law more generally. It confirmed the illegality of the Israeli civilian settlements established on occupied Palestinian territory and affirmed the continuing relevancy of the right of the Palestinian people to selfdetermination, which it considered an obligation erga omnes. The ICJ did not, however, rule on many of the international law questions pertaining to Final Status Issues which still need to be negotiated between the Israeli and Palestinian leadership if peace is to ever be accomplished in the Holy Land.

In this series of essays, with contributions from Michael Akehurst, Jean Allain, Pieter HF Bekker, Orna Ben-Naftali, Francis Boyle, Antonio Cassese, James Crawford, Omar M Dajani, Jamal L El-Hindi, Aeyal M Gross, Ardi Imseis, Michael Lynk, John McHugo, Keren Michaeli, Roger O'Keefe, John B Quigley, Martha Roadstrum Moffett, Adam Roberts, Iain Scobbie, Samira Shah and Lex Takkenberg, some of the most important questions relating to the Israel-Palestine conflict are addressed and reproduced in one complete volume to coincide with the 60th anniversary of the creation of Israel and the demise of the British mandate of Palestine.

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Proceedings of the Leyden Conference on the Court of Justice

Published:June 2007
Publisher:British Institute of International and Comparative Law
Cover:Paperback
Pages:30

This publication is a verbatim record of the proceedings of the second London Leiden meeting in 1962, held at the British Institute of International and Comparative Law in conjunction with the Europa Institute of the University of Leiden.

These proceedings have been published on the occasion of the 46th London Leiden meeting, held at the British Institute of International and Comparative Law on 30 June 2007.

Neville march Hunnings provided a copy of the proceedings, and writes:

'The goings-on at that time are all forgotten, sadly. It would be excellent to remind the present generation of what British lawyers were doing right at the beginning.

The Article 177 case, Bosch, caused a lot of interest of competition lawyers at the time and led directly to van Gend en Loos. It was all very new (I do not think there was ever any reference under the ECSC equivalent) but had a big impact among national courts...'

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Piracy and Counterfeiting Industrial Property

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Editor: WR Cornish
Published: January 1990
ISBN-10: 0-903067-27-7
Cover: Paperback
Pages: 143

Papers given at the inaugural Conference of The Common Law Institute of Interllectual Property Ltd in London on 28 and 29 January 1983.

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The Public - Private Law Divide

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Editor: Matthias Ruffert
Published: May 2009
ISBN-13: 978-1-905221-34-9
Cover: Hardback
Pages: 332

Administrative law has been the object of thorough reforms in many European countries. Most of the developments are common to the various legal systems, such as the idea of New Public Management or new patterns like public choice and consumer orientation. There are novel agencies and regulatory concepts, there is deregulation, and the citizen-government relationship has been changed towards openness and mutuality.

Various administrative legal systems' modifications are different with respect to their starting points, but similar in their development. Administrative law scholarship has taken up these challenges. The core scientific development is a shift away from the control (ie courtroom) perspective towards a perspective of governance ('Steuerung' in the German terminology). Administrative law should provide means, tools and scales which allow for the effective implementation of legal principles and rules, using resources economically and taking sound decisions which are acceptable to those affected. It is also indispensable to adopt an interdisciplinary perspective.

Considering all these developments, it is fair to talk about a 'New Administrative Law scholarship' (Neue Verwaltungsrechtswissenschaft) as a scientific approach.
In the different European countries, debates on that transformation of administrative law take place from a national perspective and with different intensity. Given the considerable effects such discussion may have on the methods of administrative legal scholarship, an analysis of the developments in a European context promises valuable results.

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Public Access to Government Held Info

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Editor: Norman Marsh
Published: January 1990
ISBN-10: 420476-10-5
Cover: Paperback
Pages: 342

The existence of a right of "public access to government-held information" has been described as a necessary feature of a democratic state, and exists in various forms in Sweden, the USA, France, Canada, Australia and New Zealand, but not yet in the United Kingdom.

This book is not merely another plea for more "freedom of information" in the United Kingdom: it provides an explanation of the implications of such a right, drawing attention to the inevitability of substantial exceptions to it and to the importance of the precise language in which these exceptions are framed. No other book has yet been published which gives an impartial and up-to-date coverage, with attention to the legal language and techniques employed, of the most significant schemes of access in force in other countries. Nor has a comparably detailed survey been made in any other book of various Bills aiming to introduce such a right in the United Kingdom.

Previous studies in the United Kingdom of access systems have especially emphasised the example set by Sweden and the United States. A valuable feature of "Public Access to Government-Held Information" is that it provides a very full description of the systems of public access now in operation in Canada, Australia and New Zealand whose governmental framework and political traditions are broadly similar to those of the United Kingdom.

The book is essential reading for teachers and students of law and political science who seek to understand, for practising lawyers and officials who have - or may have - to operate, and for legislators concerned with the framework of systems of public access to government-held information.

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Representational Fairness in WTO Rule-making

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Author: Mohamed Omar Gad
Published: September 2006
ISBN-10: 1-905221-04-5
Cover: Paperback
Pages: 333

This book examines representational fairness in WTO rule-making. The context of examination is the pharmaceutical-related provisions of the TRIPS Agreement and the interests of developing countries and pharmaceutical multinational enterprises therein. The book analyses the negotiation and implementation periods of the specified TRIPS provisions and the legal disputes that arose, covering the period from the mid-1980s, until the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in November 2001.
An imbalance reflected in the negotiated text in favour of pharmaceutical MNEs' interests during the negotiation process is characterized as 'top-down' rule-making. Reacting to this, developing countries exerted pressure from the 'bottom up' hindering the implementation of these TRIPS provisions. This retorting action, while instilling a degree of balance, congests the TRIPS regime and the larger WTO system with additional dispute proceedings leading to strains in North-South relations. The volume concludes with selective suggestions focusing on the rule making process of the WTO and proposes measures to reduce the likelihood of a deficiency in representational fairness occurring in future negotiations.

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Role and Future of European Court of Justice

Contributors: Advisory Board of the British Institute of International and Comparative Law
Published: January 1996
ISBN-10: 0-903067-70-6
Cover: Paperback
Pages: 166

This book stems from a major research report prepared by a study group established at BIICL. It fulfils a threefold purpose: First, to provide a report of a study group comprised of experts with specialist knowledge and experience of the procedures and working methods of the ECJ. Secondly, to provide an example of the working methods. Thirdly, the report represents a contribution to the debate on the future of the european Union. The report contains careful analysis and specific recommendations.

The book's contributors include: The Rt. Hon. the Lord Slynn of Hadley (Chair), David Anderson (Brick Court Chambers), Professor L. Neville Brown, Dr. en Droit (University of Birmingham), Eileen Denza (University College London), James Flynn (Brick Court Chambers), Michael Hutchings (EC Consultant), Jeremy Lever QC (4 Raymond Buildings), Carl Newman CB (of the Institute), T.J.G. Pratt CB (Counsel to the Speaker), Professor H.G. Schermers(Europa Institut, Leiden), Professor J.A. Usher (University on Edinburgh), David Vaughan, QC (Brick Court Chambers).

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The Rule of Law in International & Comparative Context

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Editor: Robert McCorquodale
Published: November 2010
ISBN-10: 97819005221424
Cover: Paperback
Pages: 272

If the daunting challenges now facing the world are to be overcome, it must be in important part through the medium of rules, internationally agreed, internationally implemented and, if necessary, internationally enforced. That is what the rule of law requires in the international order. - Lord Bingham (Chapter 1)

The maintenance and promotion of the rule of law is of fundamental importance for the human dignity and well-being of people everywhere, providing the foundations for good governance, an effective economy and a fair society, and affecting the daily lives of people around the world. Its relevance extends across a wide range in the affairs of people and states: in the laws of armed conflict; laws outlawing corruption and governing constitutional affairs; in energy and environmental rights; the respective roles and powers of the various arms of government and agencies at national, regional and international level; the independence of the judiciary; and in human rights.

This book explores some key issues concerning the rule of law in the international and comparative context, clarifying key aspects of the rule of law and applying them to real life examples across the world, including:

- the impact of business on human rights;
- anti-competitive practices and the role of the European Union bodies;
- the development of international investment law;
- the use of comparative law to inform national decision-making; and
- the effects of international criminal law and practice.

The analysis is given by some of the leading lawyers in the world-Yves Fortier, Mary Robinson, Jane Stapleton, Keir Starmer and Lord Bingham-as well as the senior researchers of the British Institute of International and Comparative, as it celebrated 50 years of promoting the rule of law in an international and comparative context.

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The Temporal Scope of Investment Protection Treaties

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Author: Nick Gallus
Published: February 2009
ISBN-10: 978-1-905221-33-2
Cover: Paperback

The Temporal Scope of Investment Protection Treaties addresses all aspects of investment protection treaty tribunals' temporal jurisdiction. Specifically, the book examines: the application of the temporal rule to investment protection treaties, including the aspect of the rule providing that a State cannot breach a treaty through acts occurring before the treaty comes into force; circumstances under which a State can breach a treaty through continuing or composite acts beginning before the treaty comes into force; the consequence of State acts after the treaty is signed but before it is ratified; time limits; and disputed arising before an investment protection treaty comes into force.

The book draws from investment protection treaty decisions, as well as relevant decisions of other international tribunals, and is, therefore, not only a resource for investment protection treaty practitioners, arbitrators, academics and students, but also for those interested in the temporal jurisdiction of any international tribunal.

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Testing the Boundaries of Int'l Humanitarian

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Editors: Susan Breau and Agnieszka Jachec-Neale
Published: March 2006
ISBN-10: 0-903067-99-4
Cover: Paperback
Pages: 329

This collection of essays comes as the first British Institute of International and Comparative Law publication in the field of international humanitarian law in over a dozen years. It was inspired by extensive work of Lady Hazel Fox and Mr Michael Meyer as well as the Institute's Discussion Group in the area of international humanitarian law, which resulted in the two books in this field in 1989 and 1993.

Contributors to this volume are Professors Charles Garraway, Leslie C Green, Michael Newton, Michael N Schmitt, Col Kenneth Watkin, Dr Roberta Arnold and Dr Robert Cryer. The Institute?s IHL team, Dr Susan C Breau and Agnieszka Jachec-Neale, also contributed to this publication.

This new book explores the important and topical subject of 21st century conflict and the implications for international humanitarian law. Areas covered include in-depth analyses of such topical issues as terrorism and complex security situations, legal fault-lines, contemporary warfare, post-conflict management and in particular problems relative to occupation, interrelations between humanitarian law and human rights, and the Security Council use of IHL. A special part is dedicated to the creation and role of the Iraqi Special Tribunal.

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The Age of Re-Building

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Author: Guido Alpa
Published: July 2007
ISBN-13: 978-1-905221-10-3
Cover: Hardback
Pages: 457

Italian private law is undergoing a complex and fascinating process of evolution. Its Roman and French roots and the legacy of the codification age are now merged with EC Law, and with other sources of law, like case law, and even with the results of commercial practice.

This book is divided into five parts. The first is devoted to the resolution of some of the most important and difficult problems in private law: the definition of personal injury and the application of various methods of calculation of damages; the hypotheses of strict liability in tort; environmental damage; freedom of contract; and the results of the application of the EC Directive on unfair clauses in consumer contracts. The second looks at commercial law, considering consumers' interests; financial services (and the Parmalat case); competition and fair trade; mergers; and the transparency of banking contracts. The legal profession, as now regulated in Italy, is the subject developed in Part III. The book ends (Parts IV and V) with reviews of some relevant contributions of English jurists to the discussion of the present needs of legal systems in Europe and with an essay on the new aspects (and meanings) of legal certainty.

Legal systems in Europe are now converging, and the acquis communautaire is helping this process. Legal cultures are merging too; legislators and judges can profit from foreign experiences when they try to achieve a satisfactory balancing of conflicting interests. the needs of a general codification are now challenged; it is necessary to 'rebuild' the old machine of the law, taking into account the living sources emerging within society. In Italy as well as in Europe at large, soft law is now replacing hard law.

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Theory and International Law

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Contributors: Philip Allott, Tony Carty, Martii Koskenniemi and Colin Warbrick
Published: January 1991
ISBN-10: 0-903067-34-X
Cover: Paperback
Pages: 126

Three of the papers collected here, those of Dr Koskenniemi, Dr Carty and Mr Allott, were given at a joint meeting of The British Institute of International and Comparative Law and the International Law Group Society of Public Teachers of Law in London on 10 April 1991. The meeting, under the title 'Theory and International Law: an Introduction' attracted numerous participants and stimulated vigorous and extensive discussion.

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Topics in Choice of Law

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Author: AJE Jaffey
Published: January 1996
ISBN-10: 0-903067-55-2
Cover: Paperback
Pages: 159

This book draws on articles which the author has published in various journals over the past twenty years and presents a distinctive and coherent theory of choice of law in the conflict of laws. It examines the objectives and criteria underlying choice of law rules, and the principles of justice which are germane to choice of law in the English conflict of laws.

The original articles have been revised not only to ensure that the elements of the theory are clearly expounded, but also to accomodate important changes in the law. Thus, for example, the chapters on tort deal with the provisions of the recently enacted Private International Law (Miscellaneous Provisions) Act 1995. Similarly, the chapters on contract analyse the changes resulting from the implementation into English law of the Rome Convention of 19 June 1980 on the Law Applicable to Contractual Obligations.

The book presents not only a theory but also considers its practical application. For example, in cases of contract and tort the court often has to select the appropriate governing law on the basis of a flexible applicable law. In the relevant chapters the book suggests what criteria should be used in applying statutory formulae and, where appropriate, specific guidelines.

The topics discussed in detail are contract - the governing law, the essential validity of contracts, the formation of contracts, choice of law by arbitrators of international contracts, torts (single and multi-State), and the essential validity of marriage.

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Tort Liability of Public Authorities Comparative Perspective

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Editors: Mads Andenas and John Bell
Published: November 2002
ISBN-10: 0-903067-72-2
Cover: Paperback
Pages: 607

This title provides an examination of the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.

This title provides an examination of the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.

It is the outcome of a research programme at the British Institute of International and Comparative Law, with contributions from a number of events including the UKNCCL BIICL Colloquium on the liability of public authorities held in London in 2001. The collection offers detailed and up-to-date insights into a current and controversial topic.

Contributions from senior judges, leading practitioners, and academics covering recent developments in many jurisdictions including the United States, New Zealand, France, Germany, Italy, Israel, the Netherlands, Greece, England, and Scotland.

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Tradition and Europeanization in Italian Law

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Author: Guido Alpa
Published: May 2005
ISBN-10: 0-903067-48-X
Cover: Paperback
Pages: 256

Guido Alpa's Tradition and Europeanization in Italian Law provides a fascinating insight into the interplay between the different European legal traditions and the process of Europeanization. The book takes the reader on a voyage through the fundamental problems of European law, drawing on Professor Alpa's learning in the laws of other countries, and also in European Union and European Human Rights law.

Tradition and Europeanization in Italian Law is a great achievement of scholarship. It assists us in understanding Italian law, but also our own law, and what European law is and might become.

The Right Honourable Lord Slynn of Hadley, Lord of Appeal and former Advocate General and Judge of the European Court of Justice.

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Social Security and Family Law

Publisher:UKNCCL
Cover:Hardback

This volume collects papers and contributions submitted to a colloquim held by the United Kingdom National Committee for Comparative Law at the University of Nottingham. The volume is principally concerned with the one-parent family.

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Trusts and Trust-like Devices

Publisher:UKNCCL
Cover:Hardback

The papers in this volume are contributions from a colloquim organized by the United Kingdom Committee on Comparative Law at the University of Exeter in September 1975.

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UK law in the 1990's

Published:June 1990
Publisher:UKNCCL, BIICL
ISBN-10:0-904281-01-9
Cover:Paperback
Pages:384

This volume represents a collection of the reports for the Congress emanating from the United Kingdom on the majority of the topics which were subjects for the thirteenth International Congress of the International Academy of Comparative Law. This Congress was held in August 1990. It includes two comparative reports by general rapporteurs, and thwentythree further national reports describing the legal position in the United Kingdom.

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Cross-border Insolvency

Published: January 1990
ISBN-10: 0-90428127
Cover: Paperback
Pages: 314

Amended and updated papers originally presented at the Colloquium of the United Kingdom National Committee of Comparative Law held in Aberystwyth in 1989.

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Governmental Liability: A Comparative Study

Editors: John Bell and AW Bradley
Published: January 1991
ISBN-10: 0-90428135
Cover: Paperback
Pages: 304

Studies on how a dozen legal systems around the world have dealt with the problems of providing a financial remedy for individuals who have suffered injury or loss as a result of government activity.

It draws on earlier papers presented at a Colloquium held in Birmingham in 1985.

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UK Law in the mid-1990s Vol. I

Editors: JW Bridge, EK Banakas, JP Gardner and DL Carey Miller
Published: June 1994
ISBN-10: 0-904281051
Cover: Paperback
Pages: 404

This book consists of nine chapters on that address public law issues, principally of a constitutional character that demonstrate that the public law of the United Kingdom, despite the untypical constitutional structure within which it functions, is facing and responding to issues and challenges in its own way.

The 'Financial and Regulatory Matters' section covers contemporary problems of great practical interest. They both form a convincing testimony to the quality and vitality of the work of the United Kingdom scholars in this field.

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UK Law in the mid-1990s Vol. II

Editors: JW Bridge, EK Banakas, JP Gardiner and DL Carey Miller
Published: June 1994
ISBN-10: 0-904281-10-8
Cover: Paperback
Pages: 254

The ten chapters in this section span an important range of procedural subjects. Their emphasis is on techniques adopted by lawyers, the courts and the legislature to improve the quality and efficiency of the legal process. Efficiency, value for money, and business criteria of success have had a significant polemic and political influence in the United Kingdom in recent years and the chapters collected here provide an opportunity to consider how far these values are reflected in certain areas of legal practice.

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Limits of Restitutionary Claims

Editor: WJ Swadling
Published: July 1997
ISBN-10: 0-904281124
Cover: Paperback
Pages: 281

Revised and updated versions of papers originally presented to a joint colloquium of the Restitution section of the society of Public Teachers of Law and the United Kingdom National Committee of Comparative Law held in September 1993.

It aimed to identify and discuss various limits to restitutionary claims at common law and to then compare the solutions adopted to the same problems by civil law systems.

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Europeanisation of Law

Published: January 1998
ISBN-10: 0-904281132
Cover: Paperback
Pages: 299

Updated papers presented at the excellent Colloquium held at Cardiff Law School in 1995. Covering European Legal Science, Private law and legal history in Germany, European legal history, language learning in Europe, the europeanisation of Constitutional law, the pervasive influence of European Community Law in the UK and others.

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UK Law for the Millennium 2nd edtn

Editor: John Bridge
Published: July 2001
ISBN-10: 0-904281-15-9
Cover: Paperback
Pages: 673

This volume, which supersedes the first edition, contains the complete collection of the United Kingdom National Reports, which were presented at the XVth International Congress of Comparative Law at the University of Bristol in the Summer of 1998. The reports provide expert, scholarly and reflective accounts of the state of the law of the United Kingdom in the approach to the third millennium. It provides an invaluable repository of learning on a wide range of issues of continuing topicality and importance.

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Comparative Law Facing the 21st Century

Editor: John Bridge
Published: January 2001
ISBN-10: 0-904281-16-7
Cover: Paperback
Pages: 1111

This is an indispensable repository of information and comparative analysis. A collection of general reports delivered at the XVth International Congress of Comparative Law held in Bristol in 1998. They cover the entire field of legal study ranging over legal history and philosophy, civil and commercial law, public and private international law, intellectual property, labour law, public law and human rights, tax law, computers and a legal bibliography.

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Studies in UK Law 2002

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Editor: John Bell
Published: July 2002
ISBN-10: 0-904281-17-5
Cover: Paperback
Pages: 386

A book of UK contributions to the XVIth Congress of the International Academy of Comparative Law 2002.

The papers give detailed and up-to-date insights into current issues in the law.

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Judicial Comparativism in Human Rights Cases

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Editor: Esin Orucu
Published: September 2003
ISBN-10:0-904281-18-3
Cover: Paperback
Pages: 269

In our globalising world, can we talk of a 'common law or ius commune of human rights'? Is such a common law being developed by our judges in conversation with judges from foreign jurisdictions and from the European Court of Human Rights? Can this be the new natural law? These and other questions are addressed in this volume through the experiences of England, France, Germany, Russia, Scotland, Turkey, the Commonwealth and South Africa, and the European Court of Justice and the European Court of Human Rights.

This volume also looks at why and how far judges are employing the comparative approach, the legitimacy of this approach, and the question of whether comparativism is an interpretative aid, 'functional' or 'ornamental'.

Invaluable for comparative lawyers, comparative constitutional lawyers, human rights lawyers, law students and lawyers engaged in transnational issues in the area of human rights, this book addresses issues such as defining where 'globalism' ends and 'localism' begins, and whether there is a place for 'cultural exceptionalism' in the context of human rights. It gives an excellent insight into comparative law in the context of human rights. It gives an excellent insight info comparative law as a pool of models, the workings of legal tranpositions and the role of judges.

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UKNCCL 14 - The Option Of Litigating in Europe

Editors: DL Carey Miller and Paul R Beaumont
Published: January 1993
ISBN-10 :0-904281 04 3
Cover: Paperback
Pages: 195

This book covers first rules of jurisdiction, and second the way in which a civil claim would proceed in a number of the jurisdictions concerned and third with regard to the cost implications. These were covered in the 1991 UKNCCL Colloquium.

Papers also focus on the special jurisdictions in contract and in tort, delict and quasi-delict. There are also papers from contributors representing the Dutch, French, German, Greek and Italian systems.

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UKNCCL 6 - Comparative Product Liability

Editor: CJ Miller
Published: January 1990
ISBN-10: 0-903067285
Cover: Paperback
Pages: 214

This book consists of revised versions of the papers on product liability which were presented at the United Kingdom National Committee of Comparative Law held in the University of Edinburgh in September 1984. These papers view 'liabilty' from the perspective of different jurisdictions which include France, Germany, Sweden, Canada and the UK.

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UK Law in the 1980's

Published:January 1990
Publisher:UKNCCL, BIICL
ISBN-10:0-904281866
Cover:Paperback
Pages:344

Scanning the present state of law and legal theory in Great Britain, the papers of this volume address several different topical issues, and testify to the multiple value of exercises in international legal communication. It successfully shows the work being done in the UK as well as encouraging the comparative study of law.

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WTO Law and Process (2002-2004)

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Editors: Mads Andenas and Federico Ortino
Published: August 2005
ISBN-10: 0-903067684
Cover: Paperback

The 10th anniversary of the WTO and of its successful dispute settlement mechanism in 2005, provides the opportunity for a review of how to improve the efficiency and legitimacy of WTO law and process. The present book collects the papers and discussion at the last three British Institute Annual WTO Conferences (2002-2004), where judges, officials and policy-makers of different sorts meet with the established scholars and more recent recruits to the discipline. Topics covered include the jurisprudential and procedural features of the dispute settlement system, institutional issues such as the allocation of powers between different organs within the WTO as well as between the organization and its members, the relationship between the WTO legal system and international law, compliance issues, the interrelation between trade liberalization and other non-trade concerns such as environmental protection and labour standards. 'This book makes available an abundance of insights and ideas at a time where the need for addressing the WTO future institutional challenges has been brought to the fore.'

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WTO Law and Process (2005-2006)

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Editors: Federico Ortino and Sergey Ripinsky
Published: May 2007
ISBN-13: 978-1-905221-17-2
Cover: Paperback
Pages: 420

Each year in May, leading academics, national and international policy-makers, judges, legal practitioners and NGO representatives gather in London to discuss topical issues of the world trading system. London's Annual WTO conference, organized jointly by the British Institute of International and Comparative Law and the Institute of International Economic Law at Georgetown University Law Center, has grown into the most important annual event of its kind in the field.

This book collects the presentations and discussions at the last two Annual WTO Conferences in 2005 and 2006. Each conference addressed a broad range of topics relating to the WTO dispute settlement system (such as treaty interpretation, the Appellate Body's role in public international law, the relevance of non-trade interests and values, challenges of compliance, the principle of judicial economy) as well as broader institutional and constitutional issues facing the WTO (such as the impact of WTO disputes on the Doha negotiations, the relationship between trade and investment disputes and the role of the WTO in regulatory convergence).

This publication seeks to preserve the abundance of insights and ideas that were shared by very distinguished experts in the field as well as recording the ensuing debate on these interesting and complex topics.

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Yearbook of Int.Fin & Econ Law 2000/01

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Editors: Joseph Norton and Christos Hadjiemman
Published: May 2003
ISBN-10: 0-903067-43-9
Cover: Paperback
Pages: 554

The Yearbook addresses selective legal, financial and economic issues in the area of international financial law, covering both public and private law dimensions and encompassing national, regional and international perspectives.

This volume contains chapters on money laundering, takeovers, insider dealing, EMU financial market integration and banking reform.

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The Brussels I Review Proposal Uncovered

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Editor: Eva Lein
Published: 08 June 2012
ISBN-13: 978-1-905221-48-6
Cover: Paperback
Pages: 203

The Brussels I Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is one of the most important instruments of European Private International Law. Despite its overall success, some shortcomings have been perceived during its first ten years of application and have prompted the drafting of a Review Proposal by the European Commission. The Proposal addresses issues such as the relationship between the Regulation and arbitration, the compatibility of its provisions with the 2005 Hague Convention on Choice of Court Agreements, and the extension of the Brussels I rules on jurisdiction to third State defendants. These issues and more are analysed and debated in this book by academics and practitioners from various Member States and institutions, including the Hague Conference on Private International Law and the European Group for Private International Law (EGPIL). Their insightful commentary on the Commission's plans for amendment of the Brussels I Regulation is an excellent resource for anyone dealing with issues of cross-border civil litigation.


Eva Lein is the Herbert Smith Senior Research Fellow in Private International Law at the British Institute of International and Comparative Law in London. She previously held the position of Head of the Continental Law Section and Staff Legal Adviser at the Swiss Institute of Comparative Law in Lausanne, Switzerland. She is a qualified German lawyer and her fields of expertise are comparative, European and private international law. Her PhD focused on European, international and comparative contract law, but she has also extensively published on European private international law. She has lectured comparative law, conflict of laws and international litigation in England, Italy, Spain and Switzerland.

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40 Years of the Vienna Convention on the Law of Treaties

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Editors: Alexander Orakhelashvili and Sarah Williams
Published: November 2010
ISBN-13: 978905221431
Cover: Hardback
Pages: 242

This volume presents the reader with insights as to how law of treaties has worked over past 40 years, since the 1969 Vienna Convention was adopted as the comprehensive treaty to regulate the law of international agreements. Treaties form a basis for a daily conduct of international relations and thus it is vital to see how they are made, amended, interpreted and enforced. This volume capitalizes on 40 years of international experience, described and analytically examined by a group of experts on the subject. Multiple issues the Convention covers include the aspects of conclusion, interpretation, reservations, amendment and modification, validity and other issues relating to treaties are covered. Based on the BIICL 50th Anniversary event held in London (40th Anniversary of the Vienna Convention on the Law of Treaties). Contributors: Alan Boyle, Malgosia Fitzmaurice, Mary Footer, Anthony Aust, Richard Gardiner, Jan Klabbers, Paul Eden, Alexander Orakelashvili, and with a preface by Sir Franklin Berman.

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