UCL FACULTY OF LAWS

UCL Laws Research: Publications

Recent books by Laws Faculty members

Dec 2011

Professor Ian Fletcher of UCL Laws adds three new publications to his extensive listian fletcher

Lightman & Moss, The Law of Administrators and Receivers of Companies, 5th edition 2011 (Sweet & Maxwell). This is a well-established treatise. Ian Fletcher is listed as one of the three managing editors responsible for ensuring the consistency and accuracy of the work overall. He also contributes Chapter 1, and is the joint author of several chapters. For further details on this book see: Sweet & Maxwell website       

Palmer’s Limited Liability Partnership Law, 2nd edition 2011 (Sweet & Maxwell). Ian Fletcher, co-editor, and also author of Chapter 9 – Winding-Up and other Insolvency Procedures. For further details on this publication see: Sweet & Maxwell website

Ian F. Fletcher, The Law of Insolvency, First Supplement to the Fourth Edition (Sweet & Maxwell, 2011). The fourth edition (2009) is also accessible online by subscription, and the Supplement will be similarly available in both print and electronic form. For further details see: Sweet & Maxwell website

Goff & Jones: The Law of Unjust Enrichment (formerly The Law of Restitution) 8th editionbook jacket
Co-edited by Charles Mitchell and Paul Mitchell, UCL Laws
Sweet & Maxwell

Part of the Common Law Library, Goff & Jones on the Law of Unjust Enrichment analyses the underlying principles of the law of unjust enrichment and covers all aspects of the subject. The new edition guides readers on key issues such as how to formulate and plead a claim in unjust enrichment, how to identify the remedies to which the claimant may be entitled, and, conversely, how to defend a claim. It was edited by Profs Paul Mitchell and Charles Mitchell of UCL Laws, with Stephen Watterson of LSE Law. New to this edition: 

  • A new writing team of established experts in the field ensuring the latest and most reliable reference tool
  • Provides a clear introduction to the principles behind unjust enrichment
  • Covers of the essential ingredients of a claim such as enrichment, at the claimant’s expense and in circumstances that the law deems unjust, such as mistake, undue influence, duress, failure of basis, necessity, secondary liability, and more
  • Covers all possible defences to claims in unjust enrichment
  • Discusses personal and proprietary remedies awarded to successful claimants such as money judgements, trusts, subrogation to extinguished rights, and rescission
  • Includes clear commentary and annotated explanation of all the recent case law.

For further details please see:
Sweet & Maxwell publishers website
Charles Mitchell
Paul Mitchell

Nov 2011
Children's Rights: Progress and Perspectivesbook jacket
Essays from the International Journal of Children's Rights
Michael Freeman (Contributor and Editor)
Martinus Nijhoff, 2011

More has been written about children, childhood and children’s rights in the last 20 years than in the rest of history. There are more university courses focusing on children now than ever before. The International Journal of Children’s Rights has been a major player in all this. This volume has been compiled not only to commemorate the journal’s work, but also the 20th anniversary of the Convention coming into operation, and of the first World Summit on Children. This collection contains 20 essays on a range of children's rights  issues, including theory, principles, problem areas and history. As well as editing the volume, Professor Michael Freeman of UCL Laws has also written an article.

For further details please see:
Martinus Nijhoff publishers website
Michael Freeman

Trade Mark Dilution in Europe and the United Statesbook jacket
Ilanah Simon Fhima
Oxford University Press 2011

This new book by UCL Laws Lecturer Ilanah Simon Fhima is the only comparison of EU and US protection against trade mark dilution. It provides a complete overview of the dilution action, enabling readers to better protect trade marks against dilution or to combat dilution claims. By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action.

For further details please see:
Oxford University Press website
Ilanah Simon Fhima
Sept 2011

The Emergence of EU Contract Law: Exploring Europeanization book jacket
Lucinda Miller
Oxford University Press 2011

The emergence of a European contract law is one of the most significant legal developments in Europe today. This book, by UCL Laws Senior Lecturer Lucinda Miller, examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework.

One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law.

For more information:
Lucinda Miller
OUP website

Carbon Capture and Storage: Emerging Legal and Regulatory Issues
Edited by Ian Havercroft, Richard Macrory and Richard B Stewart
Hart Publishing 2011 book jacket

A new book, entitled Carbon Capture and Storage: Emerging Legal and Regulatory Issues, has just been published. The book was edited by Ian Havercoft (formerly Senior Research fellow with UCL's Carbon Capture Legal Programme and now with the Global CCS Institute), UCL Laws Professor Richard Macrory (Director, UCL CCLP) and Professor Richard Stewart of NYU. It brings together some of the world's leading practitioners and scholars working in the field of carbon capture law and regulation to provide a critical assessment of progress to date and challenges on the horizon. The book is “essential reading for lawyers, policy-makers, and decision-makers in industry involved in climate change policy and law.” 

For more information:
Professor Richard Macrory
UCL Carbon Capture Legal Programme
Hart Publishing website

Insurance Law: Doctrines and Principles (3rd edition)
John Lowry, Philip Rawlings and Robert Merkinbook jacket
Hart Publishing 2011

UCL Laws Professor John Lowry and Philip Rawlings (formerly of UCL Laws) have just published the third edition of their widely acclaimed book entitled Insurance Law: Doctrines and Principles. It provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The last edition of the work was described by Professor Hasson, writing in the Canadian Business Law Journal, as a book "of the highest calibre". This edition has been largely rewritten to reflect significant developments in the case law, the regulatory landscape and the new insurance bill currently before the House of Lords.    

For a table of contents and further details:
Hart Publishing website
John Lowry

August 2011

The Changing Constitution (7th edition)book jacket
Dawn Oliver and Jeffrey Jowell
Oxford University Press 2011

This is the most recent edition of Jowell and Oliver's The Changing Constitution (Oxford University Press). Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. New to this edition:

  • Essential consideration of the latest developments in constitutional reform, following the formation of a Liberal-Conservative coalition government in 2010
  • A new introductory overview chapter by the editors discusses the evolution of the principles and practices of the British constitution and its rapid development in recent years
  • A new chapter on regulating information covers both freedom of information and issues surrounding the surveillance society
  • A case study chapter on environmental regulation illustrates how many of the constitutional principles identified elsewhere in the book play out in practice
  • Coverage of devolution in the UK has been condensed to a single chapter, providing a highly accessible overview of this crucial topic

For further details:
Oxford University Press website
Dawn Oliver
Jeffrey Jowell

How Constitutions Changebook jacket
edited by Dawn Oliver and Carlo Fusaro
Hart Publishing, 2011

This book, a comparative study, is a set of essays that explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

For more information please see:
Hart Publishing website

Feb 2011

Corporate Finance Law in the UK and EU
Arad Reisberg and Dan Prentice
Oxford University Press 2011redgwell book

A major new title edited by Dan Prentice (Visiting Professor, UCL Laws) and Dr Arad Reisberg includes four chapters written by UCL Laws Faculty members Professor John Lowry, Iris H-Y Chiu, Dr Arad Reisberg and Professor Robert Stevens. The volume brings together contributions from over 18 international academic and practitioner experts (thus combining perspectives from practice, legal theory and doctrinal analysis) and presents a comprehensive examination of questions facing the current understanding and future application of corporate finance law, such as the optimal adaptation of regulation in highly dynamic settings and the scope for innovation in legal markets in light of the current debt crisis. The book includes a foreword by Lady Justice Mary Arden.

This book provides a comparative perspective of equity financing, debt financing, European law and policy, and practical research on how to improve and solve current problems related to corporate finance. It considers areas of corporate finance that are likely to be of key importance in the next few years, including regulatory reforms which are of present concern. It also addresses timely and important questions such as the impact of higher interest rates on capital market strategies and how directors should balance the demands for disclosure and transparency with the cost of compliance.

Read more about:
Professor John Lowry
Dr Arad Reisberg
Dr Iris Chiu
Professor Robert Stevens

January 2011
Lyster’s International Wildlife Law (2nd edition)redgwell book
Professor Catherine Redgwell (co-author)
Cambridge University Press 2010

Catherine Redgwell’s important book, Lyster’s International Wildlife Law, written with co-authors Michael Bowman (University of Nottingham) and Peter Davies (University of Nottingham), has been published in second edition. The development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition coincides with both the UN Year of Biological Diversity and the 25th anniversary of Simon Lyster’s first edition.

The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work for scholars, practitioners and policy-makers alike. For further details please see the Cambridge University Press website.

Read more about:
Catherine Redgwell

Academic Freedom and the Law: A Comparative Study
Professor Eric Barendt
Hart Publishing 2010barendt book

Eric Barendt, Emeritus Professor of Media Law at UCL, has written a new book entitled Academic Freedom and the Law: A Comparative Study. The book provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. It outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.

Further details can be found on the Hart Publishing website. Hearty congratulations to Eric on this latest publication.

Read more about:
Eric Barendt

Disobeying the Security Council: Countermeasures against Wrongful Sanctions
Antonios Tzanakopoulosbarendt book
Oxford Monographs in International Law, OUP, 2011

Disobeying the Security Council: Countermeasures against Wrongful Sanctions (Oxford Monographs in International Law, OUP, 2011) has been published by Antonios Tzanakopoulos, Lecturer at UCL Laws. The book deals with the international responsibility of the UN for Security Council sanctions that violate international law, and argues that disobedience of such sanctions may be justified as a countermeasure. 

The book examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law, in the sense of limits on its power imposed by the UN Charter itself and by general international law, including human rights guarantees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. It then proceeds to assess how and by whom the engagement of this responsibility can be determined. Most importantly, the book discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be implemented. In other words, how the UN can be held to account for Security Council excesses. The central thesis of this work is that States can respond to unlawful sanctions imposed by the Security Council, in a decentralized manner, by disobeying the Security Council's command. In international law, this disobedience can be justified as constituting a countermeasure to the Security Council's unlawful act. Recent practice of States, both in the form of executive acts and court decisions, demonstrates an increasing tendency to disobey sanctions that are perceived as unlawful. After discussing other possible qualifications of disobedience under international law, the book concludes that this practice can (and should) be qualified as a countermeasure.

For further details please see:
Oxford University Press website

Dec 2010

The Philosophical Foundations of Extraterritorial Punishment
Dr Alejandro Chehtman
Oxford University Press 2010 chehtman book

Dr Alejandro Chehtman, Research Associate at UCL Laws, has written a new book entitled The Philosophical Foundations of Extraterritorial Punishment. This book provides the first full account, explanation and critique of extraterritorial punishment in international law. In doing so, it will steer current debates on international criminal justice and the philosophy of punishment in new directions, and link these debates to globalisation, the emergence of transnational crime, terrorism, war, and the problem of impunity and mass atrocity.

Further details can be found on the Oxford University Press website. Many congratulations to Alejandro.

Read more about:
Alejandro Chehtman

October 2010

The Foundations and Anatomy of Shareholder Activism
Iris Chiu
Hart Publishing 2010Iris Chiu

Hse-Yu (Iris) Chiu, Senior Lecturer at UCL Laws, has published a new book entitled The Foundations and Anatomy of Shareholder Activism. The book looks at contemporary institutional and hedge fund activism in the UK over the last 15-20 years and critically examines the foundations in law and corporate theory surrounding such activism.

Further details can be found on the Hart Publishing website.

Read more about:
Hse-Yu (Iris) Chu

September 2010

The Relationship between the ECJ and international courts
Dr Tobias Lock
Mohr Siebeck 2010

Tobias Lock, DAAD German Law Lecturer at UCL Laws, has published a new book in German entitled:
The relationship between the ECJ Tobias Lockand international courts (Das Verhältnis zwischen dem EuGH und internationalen Gerichten).

Das Verhältnis zwischen dem EuGH und internationalen Gerichten
Published in German.
From the publisher: The growing number of international courts and tribunals has led to conflicts of jurisdiction and conflicts of interpretation. Due to the European Union's increasing activity on an international level, the European Court of Justice has been affected by these conflicts. Before the background of the ECJ's exclusive jurisdiction, the book discusses the relationship between the European Court and international courts, and examines whether the solutions found in international law can be applied to the ECJ.

For further details of this publication, see here

Treaty Interpretation
Richard Gardiner
Oxford University Press (paperback edition 2010)gardinerbook

Richard Gardiner's Treaty Interpretation was published in paperback edition on 30 September 2010 by OUP. This edition includes a substantial new preface with analysis of developments in treaty interpretation since 2008. The book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also within national legal systems where treaties have an impact on a large and growing range of matters.

For more information:
OUP website

February 2010

Are Juries Fair?cheryl thomas
Cheryl Thomas
Ministry of Justice Research Series 1/10

Juries in England and Wales are fair, effective and efficient, according to a report by UCL Laws Professor Cheryl Thomas. Are Juries Fair? is the most in-depth study into the issue ever undertaken in this country. It involved a two-year survey of more than 1,000 jurors at Crown Courts and a separate study of over 68,000 jury verdicts. In the report, sensitive issues about jury decision-making have been tackled for the first time. The report reveals that:

  • all-white juries do not discriminate against defendants from black and minority ethnic backgrounds
  • juries almost always reach a verdict and convict two-thirds of the time
  • there are no courts where juries acquit more often than convict.

The study also shows that:

  • jurors want more information about how to do their job
  • written instructions improve jurors’ legal understanding of cases
  • some jurors use the internet to look for information about their case
  • some jurors find media reports of their case difficult to ignore.

Professor Thomas is based within UCL’s Centre for Empirical Legal Studies, and is the country’s leading jury expert. Her study of the representative nature of the jury system, Diversity and Fairness in the Jury System, was published by the Ministry of Justice in June 2007.

January 2010

The Reform of EC Competition Law - New ChallengesBook Lianos
edited by Ioannis Lianos

Responding to external and internal pressure for change the slow reform of EC competition law since the 1989 Merger Regulation can now be seen as a major thread rather than a series of peripheral developments. Now, a body of 'new' law may be discerned that encompasses several far-reaching regulations as well as their clarification and extension by official guidelines, discussion papers, ECJ decisions, and legal scholarship.

Twenty-nine prominent competition law authorities – representing all three 'estates' (practice, administrative regulation, and academe) – bring their deeply informed knowledge and perspectives on this crucially important body of law to the table. The many issues they address include the following:

  • the decentralization of competition law enforcement;
  • the development of private actions for damages;
  • private versus public enforcement;
  • the role of national competition authorities;
  • the role of arbitration;
  • the impact of human rights law;
  • recourse to economic evidence;
  • special cases (e.g., pharmaceuticals, high technology industries);
  • mergers;
  • cartel enforcement; and
  • state aid measures.

Read more about:
Dr Ioannis Lianos
This book on the publisher's website

For more publications by UCL Laws Faculty Members, see our books archive.