UCL Laws Research: Publications

November 2009

Osterhoff on Trusts: Text, Commentary and Materials, 7th edition
Authors: Albert Oosterhoff, Robert Chambers, Mitchell McInnes, and Lionel Smith RobChambersPic
Published by Thomson Carswell, Toronto, 2009

"This is the standard text and materials on the law of trusts in Canada." The seventh edition of this publication was prepared to incorporate the vast changes in the law of trusts since the previous edition. It is meant to provide students, practitioners and teachers of the subject with a clear structure for understanding the basic law of trusts, while providing insight into the complexities of trust law. The textual material is designed to give students a framework for understanding and analyzing the cases and materials that will enable them to be self-directed in learning.

This edition has been updated to include the many new developments in the law of trusts since the last edition. Highlights of the seventh edition include:

  • Analysis of recent case law regarding resulting trusts – Pecore v. Pecore; and alteration or termination of trusts – Re S. (N.) (Trustees of);
  • A revised consideration of charitable trusts, including new material on charitable fundraising and administrative versus cy-près schemes;
  • Extensive rewriting and revision of the chapters on Creation of Express Trusts and Constructive Trusts to clarify and update materials, including addition of new notes and case law;
  • Addition of new material regarding the powers and rights of trustees;
  • Significant developments regarding breach of trust, including insights from Privy Council Case, Campbell v. Hogg and discussion on tracing among non-wrongful contributors;
  • Comprehensive references to legislation in all the common law provinces and territories wherever statutory materials are reproduced.

See further details: http://www.carswelldeskcopy.com/bookdescription.aspx?Docid=6148

October 2009

Judging Civil Justice, Dame Hazel Genn's 2008 Hamlyn Lectures
Hazel Genn
Cambridge University Press

The civil justice system supports social order and economic activity, but a number of factors over the last decade have created a situation in which the value of civil justice is being undermined and the civil courts are in a state of dilapidation. For the 2008 Hamlyn Lectures, Hazel Genn discusses reforms to civil justice in England and around the world over the last decade in the context of escalating expenditure on criminal justice and vanishing civil trials. In critically assessing the claims and practice of mediation for civil disputes, she questions whether diverting cases out of the public courts and into private dispute resolution promotes access to justice, looks critically at the changed expectations of the judiciary in civil justice and points to the need for a better understanding of how judges 'do justice'.

The Hamlyn Trust was created by Miss Emma Hamlyn in memory of her father, a solicitor and Justice of the Peace in Torquay, Devon, England. The object of the Trust is to further knowledge and understanding of the law, and this is achieved through an annual series of public lectures by distinguished judges, legal practitioners, academic lawyers and other eminent speakers. The first of these lectures was given by Lord Denning in 1949.

Read more about Dame Hazel Genn
See the publisher's website
Download the poster for the 2009 Hamlyn Lectures

Regulation, Enforcement and Governance in Environmental Law
Richard Macrory
Hart Publishing (paperback edition 2009)

Laws concerning environmental protection have a long history in the UK, but the last thirty years have seen unprecedented development in both the substantive body of environmental legislation and in thinking about underlying principles and institutional arrangements. The materials in this book demonstrate how far environmental law has come in less than a generation, focussing in particular on the major themes of regulation, institutional arrangements, and enforcement which underlie the substantive detail of the law. Whilst acknowledging the growing importance of public international law relating to the environment, the book is largely concerned with UK and EC law, though many of the core themes have much wider relevance. Chapter 1 is concerned with major issues concerning regulatory reform, while chapter 2 considers challenges to current institutional arrangements, including the need for a specialised environmental court and tribunal, and the environmental implications of the major constitutional changes that have taken place in the United Kingdom in the last decade. Chapter 3 reflects on the shifting dynamics of environmental law, new environmental standards, new technologies and the need to develop new notions of responsibility. Chapter 4 is a selection of reports of leading cases over the last decade illustrating how the higher courts have grappled with the interpretation of environmental legislation and the development of legal principle. The final two chapters focus on European dimensions, such as the key principles of EC law and its enforcement through unique, but by no means perfect, mechanisms developed under the Treaty.

From Review by:- Oil, Gas & Energy Law Intelligence Journal, and by New York based lawyer :
'...clearly destined to become the classic reference work on regulation and enforcement of environmental law...The author combines serious scholarship with extensive practical experience in the world of environmental policy and regulation...The volume is essential reading for those concerned with the development of environmental policy, law and regulations today; as well as for the next generation of environmental lawyers who will face profound environmental challenges calling for innovative legal solutions.'

Read more about Professor Richard Macrory
See the publishers website

Justice, Legality and the Rule of Law: Lessons from the Pitcairn Prosecutions
Edited by Dawn Oliver (OUP, October 2009)

This major new title edited by Dawn Oliver includes no less than 5 chapters written by our colleagues, namely, Stephen Guest, George Letsas, Andrew Lewis, Colm O'Cinneide and Dawn Oliver. Other contributors include Dino Kritsiotis (Nottingham), Brian Simpson (Michigan) and Gordon Woodman (Birmingham), a foreword by Lord Hope of Craighead, one of the judges in the Privy Council case, and an afterword by Professor Dame Marilyn Strathern (Professor Emerita of Anthropology at Cambridge).

Pitcairn Island has a reputation as a paradise. But girls on the island have been subject to sexual abuse by the menfolk for years. This book explores the history of and reality of life on the island and discusses the issues raised once the abuse was revealed to the British government, the colonial power. Was prosecution of the men for breach of laws that had not been published on the island the right approach? Was the prosecution an unjustified imposition of Western standards on a community with a different culture? Or are there universal standards which are rightly imposed on any community? What has international law to say about such situations?

See the publisher’s website

Law Relating to Financial Services
Graham Roberts
(Global Professional Publishing; 7th edition, July 2009)

Graham is a Senior Teaching Fellow teaching Legal Aspects of Int'l Finance on our LLM.

Publishers blurb: "This well-established guide to the law as it relates to corporate and retail banking cuts to the core of the legal (and non-legal) rules for banks." The public perception of financial services law is currently dominated by the ramifications of the credit crisis, and the current focus is on the content of new regulations that will inevitably emerge as we attempt to prevent a repeat of this financial maelstrom. We already have the Banking Act 2009 and a plethora of new rules are likely to follow. This text has always been concerned primarily with the private law relationship between banks and their customers, although this in itself has become increasingly subject to regulation. There has been plenty to review in the private law field. We have the new Banking Code, the new Business Banking Code and the new Statement of Principles. We have the upgraded deposit protection levels. In case law, there is the long-awaited test case on the legality of charges imposed by banks on their customers, Office of Fair Trading v Abbey National, cases such as K Ltd v National Westminster Bank on bank duties when accounts are frozen following suspicion of money laundering and the House of Lords decision on the applicability of connected lender liability when credit cards are used abroad."

Further details on Graham’s website: http://www.banking-law.co.uk/lrtfs.htm

August 2009
Fiona Smith, Agriculture and the WTO: towards a new theory of international agricultural trade regulation as part of the Edward Elgar International Economic Law Series edited by Alan O. Sykes and Mary Footer. The book has already been described as an "insightful book full of ideas" by a leading expert on international agricultural trade law, Professor Joseph McMahon of University College Dublin.

International agricultural trade regulation remains problematic despite the creation of the World Trade Organisation (WTO) and a specific Agreement on Agriculture in 1995. This book presents a new conceptual method by which the problem of international agricultural trade in the WTO can be understood. It shows the hidden complexity within international agricultural trade, through a number interconnected strands, whose analysis inevitably changes over time with the changing interests, values, and priorities of observers. The connection between these different and interacting strands can be described in different but equally legitimate ways. This phenomenon means that the search for a single understanding of the problem(s) of agricultural trade is inevitably both futile and misguided. Additionally, this analysis explains not only the persistence and pervasiveness of disagreement in the area of trade regulation; it also explains the deceptive nature of apparent agreement, that then “breaks down” when a different set of issues or changed facts display the different grounds for the superficial and temporary convergence of positions. The book challenges conventional analysis and draws its ideas from theorists ranging from Lon Fuller to Friedrich Hayek, Michael Oakeshott and Nigel Simmonds. It is not an abstract theoretical text however, but remains firmly rooted in the law and practice of international agricultural trade.

See the publishers website

May 2009
insolvencyIan Fletcher, The Law of Insolvency, Sweet & Maxwell 2009
  • Gives authoritative coverage of all aspects of insolvency law - individual as well as corporate - in one handy volume
  • Incorporates more than 200 new cases, many at House of Lords/Privy Council level, including: Brumark Investments; Hindcastle; Hollicourt; Landau; Morris v Agrichemicals; Medforth v Blake)
  • Addresses all the effects of the Insolvency Act 2000
  • Considers in detail the impact of the Human Rights Act 1998
  • Explains the effects of the EU Regulation on Insolvency Proceedings

See the publisher's website

EC Regulation on Insolvency ProceeduresIan Fletcher, EC Regulation on Insolvency Proceedings: A Commentary and Annotated
(2nd edition), OUP 2009
  • Second edition of the leading work on the EC Regulation on Insolvency Proceedings, which has been widely cited by courts in the EU
  • Deals with the law applicable to all EU countries, as well as the special UK position
  • Includes discussion of the ECJ decisions in Eurofood and Staubitz-Schreiber, the decision in Shierson v Vlieland Boddy on the meaning of time of opening proceedings, and the Elektrim case
  • Expert commentary written by a team of leading academics and practitioners in the field
  • Includes the complete and up to date text of the EC Regulation on Insolvency Proceedings, in its fully amended form

View the publisher's website

Pettet Company lawJohn Lowry and Arad Reisberg , 'Pettet's Company Law: Company and Capital Markets Law ', Longmans 2009

Thoroughly revised and rewritten to take into account the fundamental changes brought about by the Companies Act 2006, this new edition of Pettet's Company Law provides a thought provoking textbook on all areas of Company and Capital Markets Law as covered on university courses. Pettet's Company Law is a thoughtful, contextual and policy led treatment of company law suitable for LLB and LLM students or those looking for a good base to further research in the area. The new edition retains its unique coverage of capital markets and securities regulation while more detail has been added to:
o director's duties,
o shareholders' remedies and
o Corporate finance law

View the publisher's website

International Law and the EnvironmetnPatricia Birnie, Alan Boyle and Catherine Redgwell, International Law and the Environment (3rd edition, OUP, 2009)
As conservation of the environment plays an increasingly important role within society, International Law and the Environment continues to be the essential read for students and practitioners alike. International Law and the Environment, whilst remaining rooted within the substantive law, places legislation on the protection of the environment firmly at the core of its current context. Written by three of the foremost experts in this field, the authors employ sharp and thorough analysis of the laws, allowing them to share their extensive knowledge and experience with the reader. The authors provide a unique perspective on the implications of International regulation, promoting a wider understanding of the pertinent issues impacting upon the law.

This edition features extended treatment of Genetically Modified Organisms and biotechnology as well as the implications of ethics and the environment. It also benefits from new material covering the role of the International Maritime Organisation and Non-Governmental Organisations, which continue to grow in their influence over legislative provisions. These revisions ensure that not only does International Law and the Environment remain at the forefront of developments but continues to provide the most complete coverage of the growing subject of environmental law.

View publisher's website
Law, Mind and Brain, Edited by Michael Freeman, University College London, UK and Oliver R. Goodenough, Vermont Law School, USA

The development of mechanical ventilation and the emergence of heart transplantation has, since the 1960s, necessitated a new definition of death, focusing on the brain in the living human. Revolutionizing neuroscience and medicine, these developments have led to an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal law and justice.

The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour and justice. These chapters concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. Suggesting that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain, this collection is a valuable addition to the emerging field of neurolaw.
View publisher's website

April 2009
Hiroshi Oda, Japanese Law (Third edition, OUP, 2009)
This book covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions. Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the new edition contains the first comprehensive analysis of the new Company Law and the Financial Instruments and Exchange Law. This makes this book an essential reference work for all who have an interest in Japanese law.
View publisher's website
Ilanah Simon Fhima, Trade Mark and Sharing Names: Exploring the Use of the Same Mark by Multiple Undertakings (Edward Elgar, 2009)
There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent. In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared. This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects. General themes relating to the nature and purpose of trade mark law are also discussed. The contributors focus on UK and European law and their detailed treatment of specific trade mark topics will prove invaluable to postgraduate law students and academics specialising in intellectual property. Legal practitioners will appreciate the up-to-date consideration of concepts important in both contentious and non-contentious trade mark practice and in-house counsel for brand owners will benefit from the expert guidance offered on issues relevant to protecting their trade marks.
View Publisher's website
Philip Schofield, ‘Bentham: A Guide for the Perplexed’, Continuum, 2009
Jeremy Bentham (1748-1832), utilitarian philosopher and reformer, is a key figure in our intellectual heritage, and a far more subtle, sophisticated, and profound thinker than his popular reputation suggests.  Bentham: A Guide for the Perplexed presents a clear account of his life and thought, and highlights his relevance to contemporary debates in   philosophy, politics, and law.  Key concepts and themes, including Bentham's theory of logic and language, his utilitarianism, his legal theory, his panopticon prison , and his democratic politics, together with his views on religion, sex, and torture, are lucidly explored. The book also contains an illuminating discussion of the nature of the text from the perspective of an experienced textual editor. The book will not only prove exceptionally valuable to students who need to reach a sound understanding of Bentham's ideas, serving as a clear and concise introduction to his philosophy, but also form an original contribution to Bentham studies more generally. It is the ideal  companion for the study of this most influential and challenging of thinkers.
View the publisher's website
Robert Chambers, Charles Mitchell, and James Penner (eds), Philosophical Foundations of the Law of Unjust Enrichment (Oxford: 
OUP, 2009)
This volume is the first collection of essays devoted to the philosophical foundations of one of the most dynamic areas of private law, the law of unjust enrichment. Taking stock of the rapid changes to the law of unjust enrichment over the last decade, some of the most important writers in the area examine central questions raised by demarcating unjust enrichment as a separate area of private law, including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to the concept of property, how the obligation to make restitution relates to other private law obligations, how the remedy of restitution relates to principles of corrective justice, and what role mental elements should play in shaping the law. The relationship between unjust enrichment and public law is also considered.
View the publisher's website
John Lowry and Arad Reisberg, 'Pettet's Company Law: Company and Capital Markets Law', Longmans 2009
Thoroughly revised and rewritten to take into account the fundamental changes brought about by the Companies Act 2006, this new edition of Pettet’s Company Law provides a thought provoking textbook on all areas of Company and Capital Markets Law as covered on university courses.  Pettet’s Company Law is a thoughtful, contextual and policy led treatment of company law suitable for LLB and LLM students or those looking for a good base to further research in the area.

The new edition retains its unique coverage of capital markets and securities regulation while more detail has been added to:
o director’s duties,
o shareholders’ remedies and
o Corporate finance law

Professor Dan Prentice, in his Foreword, states:
‘Writing a book on Company Law at this juncture in the development of the subject is a daunting undertaking.  There is the Companies Act 2006, the largest statute on the statute book, 1300 sections and sixteen schedules (with of course the supporting secondary legislation).  The satellite legislation (if it may be called that) the Financial Services and Markets Act 2000 and the Insolvency Act 1986 also, as this text shows, cast a long shadow over the subject.  Added to this, the volume of reported case law has developed dramatically. A small, but important example of this, is the Companies Directors Disqualification Act 1986 which has resulted in a number of important decisions having a direct bearing on the substantive duties of directors. John Lowry and Arad Reisberg rise more than admirably to the task of assimilating, explaining, and analysing this vast corpus of legal material.  The text is pellucidly clear, analytically précis, judicious in its balance in dealing with the various topics, comprehensive, and always cognisant of the policy issues.  The contributors have done justice to the legacy of Pettet’s previous editions.’
View the publisher's website
September 2008
Richard Gardiner, (Visiting Professor) Treaty Interpretation, (OUP 2008)
This book explains the codified rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. These rules have been in force for some twenty-five years and there is now a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and
within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is likely nowadays to encounter a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This book provides a guide to interpreting treaties in accordance with the modern rules.
Professor John Lowry, Company Law (OUP, 2008)
John has just published the fifth edition of his Company Law text (co-authored with Alan Dignam) with OUP. It has been completely rewritten to reflect the major impact of the Companies Act 2006 (the longest statute in history). It traverses corporate theory, corporate governance and the theoretical bases underlying the law.    It provides an authoritative and highly readable analysis of the principles of the subject.  While for the fifth edition John Lowry and Alan Dignam have rewritten much of the book to reflect the impact  of the Companies Act 2006, they have continued to give emphasis to corporate theory, corporate governance and to  the conceptual foundations underlying the law. In his review of a previous edition, Dr Marc Moore of the University of Bristol noted that the book is "a highly respectable piece of scholarship in its own right...it is arguably the best company law text on the market today.
June 2008
Professor Richard Macrory CBE, Regulation, Enforcement and Governance in Environmental Law (Cameron May, 2008)
Regulation, Enforcement and Governance of Environmental Law is a selection of some of Professor Macrorys' most important writings and is focused on material concerned with major themes concerning the nature of regulation, institutional arrangements, and enforcement that underlie the substantive detail of the law.
May 2008
Co-authored by Nick Bamforth, Maleiha Malik and Colm O'Cinneide, with an introduction by Sir Geoffrey Bindman
Discrimination Law: Theory and Context (London: Sweet & Maxwell, 2008),
This book provides a comprehensive and in-depth account of contemporary discrimination law in England and Wales. The context within which discrimination law operates is also examined by considering the history of anti-discrimination protections and their political and philosophical justifications. The text also analyses how domestic and EU discrimination law has been influenced by constitiutional, human rights and comparative law approaches.
March and April 2008
Catherine Redgwell , Beyond the Carbon Economy: Energy Law in Transition (Oxford University Press, 2008), co-edited by Catherine Redgwell with Donald N Zillman (Maine), Yinka O Omorogbe (Ibadan) and Lila K Barrera-Hernandez (Calgary). , analyses in detail the challenges for law in moving to a lower carbon economy, with chapters assessing the drivers of change such as climate change and resource scarcity, the variety of responses at the national, regional (EU) and international levels (including her chapter on the international legal responses), and how particular States are, could, or should be adapting legally to the challenges of moving beyond the carbon economy. This volume explains how the law can impede or advance the shift to a world energy picture significantly different from that which exists today. It first examines the factors that create the problems of the present carbon economy, including environmental concerns and development goals. It then provides international and regional legal perspectives, examining public international law, regional legal structures, the responses of international legal bodies, and the role of major international nongovernmental actors. The book then explores sectoral perspectives including the variety of renewable energy sources, new carbon fuels, nuclear power, demand controls, and energy efficiency. Finally, the authors examine how particular States are, could, or should, be adapting legally to the challenges of moving beyond the carbon economy. This volume marks another collaborative venture by the Academic Advisory Group of the International Bar Association’s Section on Energy, Environment, Natural Resources and Infrastructure Law, of which Professor Redgwell is a long-standing member.
Philippe Sands, Torture Team: Deception, Cruelty and the Compromise of Law (Penguin), investigates from a behind-the-scenes vantage point how a memo from then US Defense Secretary Donald Rumsfeld set the stage for a divergence from the Geneva Convention and the Torture Convention in the use of torture and inhuman and degrading treatment against detainees in the war against terror. Philippe holds the individual gatekeepers in the Bush administration accountable for their failure to safeguard international law. The Torture Team delves deep into the Bush administration to reveal:
  • How the policy of abuse originated with Donald Rumsfeld, Dick Cheney and George W. Bush, and was promoted by their most senior lawyers
  • Personal accounts, through interview, of those most closely involved in the decisions
  • How the Joint Chiefs and normal military decision-making processes were circumvented
  • How Fox TV's 24 contributed to torture planning
  • How interrogation techniques were approved for use
  • How the new techniques were used on Mohammed Al Qahtani, alleged to be "the 20th hijacker"
  • How the senior lawyers who crafted the policy of abuse exposed themselves to the risk of war crimes charges
Eileen Denza, Diplomatic Law, Commentary on the Vienna Convention on Diplomatic Relations (OUP, 2008)
Diplomatic Law was first published in 1976, when the author was a Legal Counsellor in the Foreign and Commonwealth Office.  It has become widely regarded as the leading work in the field.  Each provision of the Convention is placed in historical context, commentary provided on its application by the UK, US and other States, and topical problems examined including abuse of diplomatic immunity and terrorist violence.  The fully updated new edition explores the interaction between state and diplomatic immunity (as in the Pinochet case), examines methods of conducting diplomatic relations under conditions of physical danger, and exposes evidence of disregard for the rules of secrecy in diplomatic communications.  The book also explores the greater latitude for diplomats to interfere in the internal affairs of the receiving State in the interest of human rights and evaluates the impact of adoption of the UN Convention on Jurisdictional Immunities of States.
Ralph Wilde, International Territorial Administration – How Trusteeship and the Civilizing Mission Never Went Away (OUP, 2008)
Trusteeship and the civilizing mission never ended with the self-determination entitlement that led to decolonization: international organizations took on this role in the ‘post-colonial’ era, internationalizing trusteeship and re-legitimizing it as a feature of international policy. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration, a comparison between this activity and colonial trusteeship, occupation, the Mandate and Trusteeship arrangements, and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship.  From British colonialist Lord Lugard’s ‘dual mandate’ to the ‘state building’ agenda of the then High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political and legal framework within which the legitimacy of and challenges faced by complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of domination and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.

April 2009 update: Book prize winner, American Society of International Law. More information here.
Recent books by Laws Faculty members on derivative actions, energy law and policy, the interpretation of the European Convention on Human Rights, family law, children’s rights and law and philosophy
January 2008: several major publications on a range of key legal topics have recently been published by Faculty of Laws members Arad Reisberg, Catherine Redgwell, George Letsas and Michael Freeman.  Arad Reisberg’s book is the first monograph to provide a detailed and theoretical explanation of the law governing derivative actions. Catherine Redgwell’s edited volume analyses in detail the national, regional (EU) and international dimensions of energy law and policy, with separate chapters on international law affecting the energy sector and environmental law (by Professor Redgwell), the Energy Charter Treaty and EU regulation of the energy sector, as well as a number of national chapters covering the key energy-producing countries in the EU.  George Letsas’s book provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg.  Michael Freeman’s three books are an introduction to the main contemporary issues of family law, a critical introduction to Article 3 of the UN Convention on the Rights of the Child, and an edited volume containing essays on law and philosophy drawn from the Laws colloquium on the subject in July 2006.

More detailed information on each publication:
Derivatives bookArad Reisberg, Derivative Actions and Corporate Governance (Oxford University Press, December 2007)
Derivative Actions and Corporate Governance examines the circumstances in which ashareholder can bring an action on behalf of a company (a derivative action). It explores how this remedy may be used to ensure good corporate governance and gives practical guidance for future development of the law. Derivative actions are an important aspect of the continuing debate about corporate governance in the UK, the US, and many other jurisdictions worldwide. Offering a conceptually inclusive approach to thinking about derivative actions, this book provides a detailed and clear overview, commentary, and theoretical explanation of the law governing derivative actions in the corporate governance context.  Derivative Actions gives practical guidance on solving current problems in many jurisdictions based on case law, and on substantive legal, economic, and comparative research.
Link to publisher
EEnergy Law Covernergy Law in Europe: National, EU and International Regulation (2nd edn, Oxford University Press, 2007), co-edited by Catherine Redgwell with Martha Roggenkamp (Groningen), Inigo del Guayo (Almeria) and Anita Ronne (Copenhagen).
The energy sector in Europe has changed rapidly over the last few years under the influence of trends towards globalization, liberalization, competition, de-monopolization, and strengthening of regulation in the field. The new edition of this book builds on the success of the first inproviding an updated overview of these important developments at both international and European levels, covering the most important principles of international law of relevance to the energy sector. A chapter dedicated to comparison of legal developments across Europe addresses the increasingly important question of whether we are heading towards an international energy market. New chapters on European Union External Energy Relations and Standard Agreements in European Energy Trade highlight growing cooperation in the energy field with major producers such as Russia, and the standards for trading energy in an integrated geographical market, including analysis of the product markets, as well as the relevant legal instruments and master agreements. The book also focuses on the implementation of the significant Energy Directives, and the constitutional and regulatory framework in the key energy-producing jurisdictions in the EU: Denmark, France, Germany, Italy, the Netherlands, Norway, Poland, Spain and the United Kingdom.
Link to publisher
Letsas Book CoverGeorge Letsas, A Theory of Interpretation of the European Convention on Human Rights (Oxford: Oxford University Press, 2007). ISBN-13: 978-0-19-920343-7
The book provides a critical account of the use of state consensus, evolutive interpretation, and the doctrine of the margin of appreciation as they figure in the case law of the European Court of Human Rights. By drawing on Anglo-American legal, political and moral philosophy, the book also aims to provide a normative theory of the moral foundations of the ECHR rights. It defends the view that the ECHR rights, properly understood, are absolute rights which must be interpreted and applied in a principled manner across the 47 European member states, regardless of drafters’ intentions and member states’ current consensus.  
Link to publisher
HFriman Book coverakan Friman and Elizabeth Wilmshurst, Visiting Professors at UCL Laws, with Robert Cryer (Birmingham) Darryl Robinson (Toronto), An Introduction to International Criminal Law and Procedure (Cambridge University Press, 2007) ISBN-13: 9780521876094
International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.
Michael Freeman, Understanding Family Law, (Sweet & Maxwell, 2007), ISBN: 9780421901704
This book presents a succinct but intellectually challenging overview of family law, enabling readers to grasp the essential themes and issues. It approaches the subject in a number of ways – historically, comparatively, philosophically and ethically – to give readers a good rounded and critical knowledge on which to build. It examines the concept of rights, responsibilities, welfare, protection, consent and parentage. It covers a huge range of issues such as reproduction, gay marriage, children’s rights, violence and abuse, equality issues, father’s concerns, the elderly, freedom and consent, and the impact on the medically assisted. It covers all key legislation and case law, including the ECHR and the UN Convention on the Rights of The Child
Link to publisher
ChildMichael Freeman, The Best Interest of the Child (Martinus Nijhoff, 2007) ISBN: 978 90 04 14861
This volume constitutes a commentary on Article 3 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Link to publisher
Law and Philosophy book coverMichael Freeman and Ross Harrison (editors), Law and Philosophy, OUP 2007, ISBN13: 9780199237159
A wide range of articles offers a broad overview of the interactions between philosopy and law in two areas: the nature of law; and interactions between the State, the citizen, and the law
The latest volume in the established Current Legal Issues series, which brings together leading scholars from around the world to explore the interactions between legal thought and other disciplines
Link to publisher