Oxford University Press

Жанр: Oxford University Press

- Examines the growing importance of the internet and electronic technology to this area of the law, and places it in the context of what has gone before — Provides comprehensive commentary on the Consumer Credit Act 2006 — Structured in a clear and accessible way, logically following the structure of the Act — Contains the full text of the Act The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Department of Trade and Industry has been conducting a major revision of consumer credit law over the past few years. Its proposals on substantial changes to existing law were contained in its White Paper published in December 2003: Fair, Clear and Competitive — The Consumer Credit Market in the 21st Century. Since then, this programme has been implemented by a series of new statutory instruments and a major new Consumer Credit Act which runs to 70 sections and revolutionises the present law and practice of consumer credit. The new Act principally amends the Consumer Credit Act 1974, which is the statute governing the licensing of, and other controls on, traders concerned with the provision of credit or the supply of goods on hire or hire-purchase to individuals. Significant changes brought in by the new Act include the following; · The re-definition of «consumers» whose agreements are to be regulated by the Act and financial ceilings on consumer credit and hire agreements removed · The consequences of trading without a license are to be made more severe and the whole process of licensing to be modernised · Consumer credit is to be brought within the remit of the Financial Ombudsman This Guide covers all of these new provisions, together with the growing importance of the internet and electronic technology to this area of the law, whilst also placing the new Act in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require.

Жанр: Oxford University Press

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Identity Cards Act 2006 is a major piece of legislation which will fundamentally change the relationship between the state and the individual for people of all nationalities residing in the UK for more than three months. The Act will affect the operation of much existing legislation, including; the Data Protection Act 1998; the Police and Criminal Evidence Act 1984; the Regulation of Investigatory Powers Act 2000; the Race Relations Act 1976; the Immigration and Asylum Act 1999, and the Asylum and Immigration (Treatment of Claimants) Act 2004. The Act will have an impact on a wide range of legal areas, including; asylum and immigration; data protection and freedom of information; privacy; criminal; human rights; and civil liberties; and will introduce the following; — A complex range of new civil and criminal penalties — a new Commissioner's Office — New ways of working for those providing public services, such as the police, the NHS, the Passport Service, and benefit workers This Guide is written by two experienced practitioners currently based at Liberty, the National Council for Civil Liberties. Structured in a clear and logical way following the parts of the Act, it provides an up-to-date and informative guide, making it an essential purchase for practitioners and organisations working in a number of legal areas.

Жанр: Oxford University Press

In the immediate aftermath of the London bombings on the 7th July 2005, the government announced very quickly that new anti-terror legislation was to be swiftly enacted. The resulting Terrorism Act has been the subject of intense political and legal debate, and creates a number of new terrorist offences including; — The Encouragement of Terrorism — The Dissemination of Terrorist Publications — The Preparation of Terrorist Acts — Training for Terrorism — Attendance at a place used for Terrorist Training The new Act also and particularly controversially, extends the time during which police may detain suspects without charge. These new offences combined with the recent establishment of a specialist prosecution unit dealing with terrorist prosecutions, means that investigation into terrorist offences is predicted to become intense and controversial, leading to a far greater number of prosecutions. Similarly, the aggressive use of investigative powers is expected to lead to challenge in the High Court by way of proceedings for judicial review, and there may be challenges to the legality of certain provisions in the higher domestic Courts and in the European Court of Human Rights. This new Blackstone's Guide offers comprehensive coverage on the new Act, whilst also placing it in the context of what has gone before, namely; The Terrorism Act 2000; The Anti -Terrorism, Crime and Security Act 2001; The Regulation of Investigatory Powers Act 2000; the Prevention of Terrorism Act 2005; and the Serious Organised Crime and Police Act 2005. This body of anti-terror legislation is dealt with in logical order, tracing the criminal process through investigation and arrest right through to prosecution and appeal. At each stage the legislation is discussed with reference to Hansard, the common law, authority in UK and abroad in relation to principles of jurisdiction, human rights, the rules of evidence, and other criminal justice statutes. The book provides clear guidance as to how the new procedures and offences can be both implemented and challenged effectively, before trial and at trial, and includes the full text of the Terrorism Act 2006. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Жанр: Oxford University Press

- Analyses the problems surrounding the interpretation and application of Article 81 of the EC Treaty — Examines the understanding of Article 81 and what it seeks to achieve after modernisation, and decentralisation — Argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty — what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The monograph's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader to understand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for private actors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and that these latter features are desirable, cost reduction and innovation operate to justify infringement of the substantive obligation. Thus this monograph argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.

Жанр: Oxford University Press

New to this edition A new section on the «vanishing trial» emphasizes the critical importance of the written word in arguing a case. Notes on conducting electronic research are updated throughout.

Жанр: Oxford University Press

- Provides detailed coverage of new legislative developments and their impact on family law, making this book suitable for use on all undergraduate courses — Offers an especially comprehensive treatment of the international dimension of family law, which is important for students wishing to grasp a full understanding of the subject — Each chapter begins with a short introduction, helping to put into context the legislation and key issues to be discussed New to this edition — Full consideration is given to new developments such as civil partnership and the growing importance of cohabitation — Chapter 1 has been expanded to fully take into account the Human Rights Act 1998, the growing impact of the EU on family law and the 1996 Hague convention on the Protection of Children — Chapter 7 has been substantially rewritten due to the dropping of the 1996 Act reforms, and discusses how best to move forward from here — There is a new chapter entitled 'The Voice of the Child' which includes information on representing children, evidence, experts, and the Minister for Children — The chapter on adoption has been heavily revised in light of the Children and Adoption Act 2002 Bromley's Family Law remains the most authoritative textbook on the subject and has been used by generations of both students and practitioners as a reliable source of guidance. 2006 sees the publication of the tenth edition while 2007 marks the fiftieth anniversary of its original publication, and indeed the publication of the first textbook on family law. Both detailed and readable, this book offers the fullest consideration of new legislative and case law developments, and their impact on family law. The authors consider these developments alongside changes in practice, including the increasing emphasis placed on alternative dispute resolution, and the active involvement of children in legal proceedings affecting them. Particular attention is also paid to the influence of the European Union, which is becoming increasingly important for a full understanding of family law.

Жанр: Oxford University Press

New to this edition — Coverage of the latest developments including sexual offences, racially aggravated crime, and recklessness, with detailed reference to key cases including R v G and R v Hart — Further 'Notes and Questions' to illustrate key principles raised in the text and encourage critical thinking — References to further reading, highlighting useful secondary sources for further research — New enhanced layout for ease of reference A wide selection of case law, essential statutes and other relevant materials, effectively abridged and combined with an enlightening commentary, have established this book as a thorough and engaging resource for students of criminal law. The breadth and depth of coverage provided maps closely onto undergraduate courses, guiding students through the law and introducing them to some of the underlying issues including human rights and theories of punishment. The book draws on non-legal as well as legal materials to foster a holistic understanding of the subject. These materials are made accessible through clear and engaging commentary. Thought-provoking notes and questions are integrated throughout the text to probe the implications of various decisions and serve as critical research tools, encouraging students to gain a deeper appreciation of judicial reasoning.

Жанр: Oxford University Press

New to this edition — Coverage of the many important cases and commentary (including Birks' 'absence of basis' approach) which have arisen in the last 9 years — Structure which reflects the judicial development of the law of restitution Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: · what is an enrichment? · was the enrichment at the claimant's expense? · what is the role of tracing? · when will proprietary restitution be granted? · when does change of position operate as a defence? · and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providing a map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area

Жанр: Oxford University Press

- Gives a critical account of the law, considering reform proposals throughout, encouraging a deeper understanding of the issues — Provides a clear, well-structured account of the subject, making this text ideal for students of land law and practitioners alike — Includes a new chapter on commonhold — Re-assesses many areas of land law as they stand at the start of the 21st century, such as the effect of the Human Rights Act on land law, formalities in the creation and transfer of estates and interests in land, the impact of the doctrines of proprietary estoppel and constructive trust New to this edition — Fully incorporates all significant recent developments, including coverage of the Land Registration Act 2002, the Land Registration Rules 2003, the Housing Act 2004 and the Planning and Compulsory Purchase Act 2004, as well as recent case law developments and proposals for reform — Includes a new chapter on commonhold — Re-assesses many areas of land law as they stand at the start of the 21st century, such as the effect of the Human Rights Act on land law, formalities in the creation and transfer of estates and interests in land, the impact of the doctrines of proprietary estoppel and constructive trust The seventeenth edition of this classic work on land law has been substantially re-ordered and revised to ensure that it presents the modern law of real property — the land law of the twenty-first century — whilst setting the modern law in the context of its historical foundations. Since the publication of the last edition in 2000, there have been major developments in this area of the law. The Land Registration Act 2002 and the Land Registration Rules 2003 are fully incorporated into the text, together with other legislative changes, such as the Commonhold and Leasehold Reform Act 2002, the Housing Act 2004 and the Planning and Compulsory Purchase Act 2004, and the numerous proposals of the Law Commission for reform. Developments in the case law are also fully discussed.

Жанр: Oxford University Press

- Provides thought-provoking analysis and intellectual insight into contract law to encourage students to take their understanding to a deeper level — Clearly structured with a summary at the start of each chapter, sub-headings, and footnotes, to ensure easy navigation through the narrative text — The clarity of the narrative brings understanding of complex contractual issues to a wider readership New to this edition — The revised contents ensure the text maps even more closely to undergraduate contract courses — The Online Resource Centre features annual updates and web links, to ensure the reader has access to the latest developments in contract law, while continuing to benefit from Furmston's experience and authority through the textbook Cheshire, Fifoot & Furmston's Law of Contract stands as one of the classic textbooks on contract law more than 50 years after the publication of the first edition. Michael Furmston combines an authoritative account of the principles of the law of contract with thought-provoking analysis and insights, and the clarity of the narrative brings understanding of complex contractual issues to a wider readership. Each topic is clearly signposted for ease of navigation, and the text contains numerous references to additional primary and secondary sources to take the reader even further into the subject. The text is invaluable to students reading courses in contract, the law of obligations, and common law. It is also of real use to students of other disciplines needing a clear overview of the law of contract, and is often used as a first point of reference for practitioners. Online Resource Centre Student resources: — Annual updates — Web links

Жанр: Oxford University Press

- Examines the theoretical and legislative contexts of the Act, including its impact on constitutional and human rights issues — Logically divided into three parts, following the structure of the Act itself — Includes the full text of the Civil Contingencies Act 2004 — Clive Walker is leading name in the field of civil contingencies and terrorism law The Civil Contingencies Act 2004 marks an important recognition of the increasingly vital agendas of risk and resilience within our society. The United Kingdom has long had legislation dealing with limited types of risk in certain situations. Most prominent and controversial has been the recent legislation about terrorism, but there have also existed other statutes to deal with problems such as; debilitating industrial strikes; power and water supply emergencies; and food chain disasters. However, more recent disturbing events, namely; the fuel strikes of 2000; the catastrophic terrorist attacks of 2001 and threat of further attack through chemical and biological weapons; the foot and mouth outbreak of 2001; and climate change with its associated risks of floods and drought; have rendered a more comprehensive approach to risk and resilience within the United Kingdom essential. This book provides a detailed exploration of the Civil Contingencies Act 2004 and its supporting documentation. It describes and analyses recent changes by providing a full commentary on all parts of the Act — Part I covers the planning aspects and Part II explores the more reactive and controversial regulatory emergency powers. Part III deals with the implementation of the Act including management structures and resources and the operational and organisational concerns which the legislation is intended to address. The theoretical and legislative contexts of the Act are also examined, including its impacts on constitutional and human rights issues. The commentary provides a vital understanding of the civil protection and emergency response functions in the UK, and the appendices include the full text of the Act together with other official documentation.

Жанр: Oxford University Press

- A key reference work for both academics and practitioners with a clear layout to assist cross referencing and reference to primary materials. — Original in its approach, the book examines types of claims for fraud and the basis for action — The book draws on a number of sources (company, contract, tort and trusts law) to analyse the law's response to fraud — Provides coverage of human rights and its impact upon commercial law. Theft, deception, bribery, rogue trading and money laundering present massive and apparently insuperable problems for governments worldwide. On a national and international scale, these types of activities may have social, economic and political repercussions. This new book is primarily concerned with the impact of these activities upon private individuals. The text analyses the position of the victim, the fraudster, recipients of property and accessories. The focus is upon the civil law aspects of fraud and the increasing significance of money laundering legislation and the law of human rights. The main theme of this book is an examination of the extent to which fraudulent activity triggers special rules which are exceptions to the general principles of civil law. There is the further question of the extent to which theft and fraud affect transactions which are interlinked. Policy issues are weighed in the balance, such as the protection of property rights against the need to ensure the free circulation of goods and the security of good faith purchase, and the demand for certainty in the law against the need to deter fraud.

Жанр: Oxford University Press

- Only work of its kind to concentrate on the Spectrum Plus case — Timely publication of the topic addressed — A very distinguished contributor team of academics and practitioners including many leading experts — Full consideration of the legal implications of the case such as the divide between fixed and floating charges, and the effect more generally on insolvency and security law — Coverage of the impact for the commercial world and especially for banks This exciting volume draws together the views of some of the most eminent figures in corporate law and finance regarding the law on fixed and floating charges. The focus for the book is the litigation in the case of Spectrum Plus, which culminated in a House of Lords judgment in June 2005 ([2005] UKHL 41). This decision has important commercial implications, not only for the parties in the case but also for the business community at large, including banks and other lenders, and practitioners in corporate finance and insolvency. The litigation also raises important juristic questions regarding the fixed/floating charge divide such as the theoretical basis for that divide, how the divide is determined, why it exists at all and whether it ought to be maintained as a coherent doctrine and a beneficial policy. The decision also has important ramifications in both security law and insolvency law and it provides a challenge to some of our most basic conceptions of freedom of contract and the assignability of rights and assets in law and equity. These issues, amongst others, are explored by the contributors to this book. The contributors include Gabriel Moss, who was one of the QCs involved in the Spectrum litigation, Sir Roy Goode, Michael Bridge, John Armour, Robert Stevens, Sarah Worthington, Julian Franks and Oren Sussman, Jenny Payne and Louise Gullifer, Philip Wood, Joshua Getzler, Look Chan Ho, and Nicholas Frome and Kate Gibbons.

Жанр: Oxford University Press

- Revised edition of standard reference work on the Christian Church — Fully revised and updated, containing over 20,000 new words — New entries for revised edition include Censing, Common Praise, Leo IV, and Friedrich Schlegel — Entries on theologians, philosophers, painters, musicians, and writers of religious works — Subjects covered include Black Churches, Christian attitudes to Jews, Feminist Theology, Holiness Movement, Liberation Theology, and ordination of women — Full coverage of theology, patristic scholarship, churches and denominations, the church calendar and organization, and the Bible New to this edition — Over 20,000 new words — New entries on Latin American countries — Updated throughout Based on the highly acclaimed Oxford Dictionary of the Christian Church , this is an indispensable guide for both students and the general reader. Over 5,000 entries provide full coverage of theology, patristic scholarship, churches and denominations, the church calendar and organization, and the Bible, as well as entries on theologians, philosophers, painters, musicians, and writers of religious works. The revised second edition has been fully updated to reflect recent changes in the church. It includes increased coverage of the church in Latin America, Eastern Churches, issues on moral theology, and developments stemming from the Second Vatican Council, Black Churches, Christian attitudes to Jews, Feminist Theology, Holiness Movement, Liberation Theology, and ordination of women. This handy, concise volume is essential reading for anyone with an interest in Christian history.

Жанр: Oxford University Press

- Covers the basic principles of the conflict of laws in a succinct and approachable style making this an ideal introductory text — Explains complex points of law and terminology clearly and without oversimplification, offering both an authoritative and accessible approach to a subject which has changed greatly in recent years — More headings and subheadings have improved navigability of the text which is particularly helpful for revision purposes New to this edition — Coverage of recent ECJ jurisprudence, especially Gasser v Misat, Turner v Grovit and Owusu v Jackson — Revision of the marriage section to take account of Civil Partnership Act 2004 — Full consideration of the new Brussels II Regulation — Improved layout structure makes Conflict of Laws even more accessible to students who are new to the topic The area of conflict of laws has undergone a profound change in recent decades. Much of the subject is now dominated by international conventions and legislation, rather than by case law. In practical terms, issues relating to jurisdiction and the recognition and enforcement of judgments have taken centre stage and choice of law questions have become of more secondary importance. These changing emphases in private international law are fully reflected in this book. The aim of the book is to provide a clear, up-to-date account of those topics in private international law which are covered in typical undergraduate courses. The book provides a detailed analysis of not only the most important commercial topics (civil jurisdiction, the recognition and enforcement of foreign judgments, choice of law in contractual and non-contractual obligations, and arbitration) but also the most relevant aspects of family law (marriage, matrimonial causes and children) and property law. Theoretical issues, introduced to the reader in the first chapter, are considered in greater detail at the end of the book. Previously entitled Jaffey on the Conflict of Laws the book continues to offer an ideal introduction to this complex and ever-changing subject.

Жанр: Oxford University Press

- International comparative approach to federal constitutional jurisprudence, looking at 6 major jurisdictions: Australia, Canada, Germany, India, South Africa, United States — Contributions from leading authorities from each jurisdction, covering different interpretative approaches, including textualism, purposivism, structuralism and originalism — Comparative reference to different social, historical, institutional and political circumstances sets analysis in context This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

Жанр: Oxford University Press

- Provides a clear exposition for students seeking an overview of the principal themes of the law of contract — This accessible volume brings Professor Brownsword's expert commentary to a wider readership — Fully updated and revised to include up-to-date cases and issues, including the Europeanization of contract law and the Great Peace Shipping case, making it an ideal supplementary text for undergraduate students — Includes a discussion of a range of classical and modern influences over the current law, which provides a contextual background to inform students' studies New to this edition — An introductory chapter and conclusion have been added to make the text more accessible to its student readership — Includes discussion of recent cases/legislation such as the Great Peace Shipping case and the Human Rights Act, making it an ideal up-to-date supplementary text for undergraduates — The issue of contextual interpretation is addressed, together with a discussion on the Europeanization of contract law, which further broadens its appeal across different contract courses In this unique volume, Roger Brownsword provides a thoughtful overview of the principal themes of the law of contract. He explores the context of the recent development of contract law, and considers the many changes the law has undergone given the ever-evolving nature of English law. This accessible text brings Brownsword's expert commentary to a wider readership, and has been fully updated and revised to include recent issues and cases, including the Europeanization of contract law and the Great Peace Shipping case.

Жанр: Oxford University Press

- An established guide to over 700 courts in the South-Eastern Circuit and Western Circuit — Completely revised and updated for 2006 — Includes map of the London Underground — A convenient, pocket-sized reference, with entries listed alphabetically within each geographical area The 2006/2007 edition of this popular guide has been completely updated and includes essential details of courts on both the South Eastern Circuit and Western Circuit. Designed to aid those who regularly use the courts, the guide provides contact details for over 700 courts including all Crown, County, Magistrates', Youth, Family Proceedings, Tribunals, and Coroners' Courts. Each entry contains additional useful information such as full travel directions, court sitting times, facilities available, parking amenities, local eating places, and accomodation.

Жанр: Oxford University Press

New to this edition — Kosovo, Bosnia and other instances of the exercise of international dispositive powers — The unification of Germany and developments in the other 'divided States' — The final phases of decolonization, including the completion of the work of the UN Trusteeship Council — Trends in federalism and devolution; universalization of membership in the United Nations and the problem of the 'bureaucratization' of statehood — Recent disputes concerning secession, such as Quebec and Chechnya; and new practice respecting continuity and succession, especially in connection with the disintegration of Yugoslavia and the USSR — Updated sections on State practice and case law As much as was ever the case in 1979 when the first edition of The Creation of States in International Law published, in the 21st century problems of territorial status and statehood are likely to continue to be a focal point of international disputes. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition as it has developed since the eighteenth century. The criteria for statehood and the effect on those criteria of evolving standards of democracy and human rights; their application in international organizations and between States; the creation of States by devolution or recession, by international disposition of major powers or international organizations and through institutions established for Mandated, Trust, and Non-Self-Governing Territories, are also discussed. Apart from the general argument of the normative significance of the legal concept of 'State', and the analysis of the numerous specific cases, this new edition of a landmark book provides a full and up-to-date account of the general development which has led to the birth of so many new States.

Жанр: Oxford University Press

- Excellent user-friendly lay-out, structure and style with integrated learning tools throughout the text — Chapters objectives, introductions and summaries to provide a clear framework for learning and to highlight key issues — Question boxes and assessment exercises that help reinforce key principles and apply the law to problem situations — Online resource centre contains a wide range of additional cases and materials, which effectively works as a free nullases and materialsnullbook New to this edition — Includes a new dedicated chapter on sexual offences — With the Fraud Bill null expected to become law later this year, the deception offences in the Theft Acts 1968 and 1978 will be replaced with a completely new regime of offences. Chapter on Fraud has been entirely re-written. — Provocation: null new Privy Council case (Attorney General for Jersey v Holley) reverses Smith(Morgan) and radically alters the nullobjectivenull condition in the defence. — Duress: null new House of Lords case, Hasan, heralds a more restrictive approach to the availability of duress. — Non-fatal offences against the person and consent: null Important CA case, Barnes, on the role of consent on the sports field (foul tackle in amateur football match). — Further reading sections and questions have been added. Criminal Law Textbook introduces undergraduates to the principles of criminal law through a fresh and engaging approach. With a strong focus on interactive learning, the book actively encourages the reader through the use of introductions, summaries, questions and assessment exercises to highlight and reinforce key problem areas. With a user-friendly page design, structure and style of writing, the book thoroughly covers all the main topics of criminal law courses in an accessible way. The second edition includes a new dedicated chapter on sexual offences and includes coverage of the Fraud Act 2006, replacing the deception offences in the Theft Acts 1968 and 1978 with a completely new regime of offences. Online Resource Centre The book is complemented by an online resource centre that provides a wide range of additional cases and materials that are linked to the text, effectively offering the reader a free nullases and materialsnullbook. New developments in case law and legislation are covered by online updates.

Жанр: Oxford University Press

- In keeping with the established reputation of this annual publication, it features leading academic figures including past and current OUP authors Conor Gearty, Ralph Wilde, Reinhard Zimmermann, Mark Freedland, and Catherine Redgewell — Topics covered include Analytical Jurisprudence, Medical and Family Ethics, Private Law, Public International law, Human Rights, EU Law, Labour Law, and Biotechnology The 58th volume of Current Legal Problems, like its predecessors, explores a wide variety of issues. The contributions range across Analytical Jurisprudence, Constitutional Law, Medical and Family Ethics, International Law, EU Law, Military Detention, English Criminal Law, Terrorism, Democracy, Human Rights, Civil Liberties, Media Expression, Feminism, Economic Theory, Corporate Law, Competition Regulation, Labour Law, Biotechnology, and Biodiversity. Amongst the contributors to this volume are Daniel Farber, Conor Gearty, Ralph Wilde, Edwin Cameron, Jonathan Rogers, Robin Morse, Jo Bridgeman, Linda Mulcahy, Alison Diduck, Jo Shaw, James Penner, Vivienne Brown, John Armour, Reinhard Zimmermann, Michael Spence, Mark Freedland, and Catherine Redgewell. A companion volume containing the proceedings of UCL's annual inter-disciplinary colloquium is published each year under the umbrella title Current Legal Issues.

Жанр: Oxford University Press

- The first book devoted to the problem of defining terrorism in international law — Comprehensive coverage of all major attempts to define terrorism since the 1920s — Considers what conduct should be excluded from the definition, including deciding when political violence is, or is not, permissible — Examines treaty and customary law, the practice of the UN and regional organizations, and national laws Despite numerous efforts since the 1920s, the international community has failed to define or criminalize 'terrorism' in international law. This book first explores the policy reasons for defining and criminalizing terrorism, before proposing the basic elements of an international definition. Terrorism should be defined and criminalized because it seriously undermines fundamental human rights, jeopardizes the State and peaceful politics, and may threaten international peace and security. Definition would also help to distinguish political from private violence, eliminating the overreach of the many 'sectoral' anti-terrorism treaties. A definition may also help to confine the scope of UN Security Council resolutions since 11 September 2001, which have encouraged States to pursue unilateral and excessive counter-terrorism measures. Defining terrorism as a discrete international crime normatively recognizes and protects vital international community values and interests, symbolically expresses community condemnation, and stigmatizes offenders. Any definition of terrorism must also accommodate reasonable claims to political violence, particularly against repressive governments, and this book examines the range of exceptions, justifications, excuses, defences and amnesties potentially available to terrorists, as well as purported exceptions such as self-determination struggles, 'State terrorism' and armed conflicts. While this book seeks to minimize recourse to violence, it recognises that international law should not become complicit in oppression by criminalizing legitimate forms of political resistance. In the absence of an international definition, the remainder of the book explores how the international community has responded to terrorism in international and 'regional' treaties, the United Nations system, and in customary law. The final part of the book explores the distinctive prohibitions and crime of 'terrorism' in armed conflict under international humanitarian law.

Жанр: Oxford University Press

- Charts the evolution of the conflict between industrialised and developing countries regarding environmental protection — Defines and examines the concept of differential treatment, and the correct delimitations of its ambit — Includes a detailed case study of the climate regime, informed by author's personal experiences as consultant to UN Framework Convention on Climate Change Secretariat — Provides a principled framework for the resolution of the problem of integration of unequal states into international environmental regimes The history of international environmental dialogue is a history of conflict between developing and industrial countries encompassing the framework, nature, and agenda of international environmental law. The conflict is focused on who should take responsibility, in what measure, and under what conditions to contain global environmental degradation. In the face of inequality in resources and contributions to global environmental degradation, sovereign states have crafted a burden sharing arrangement rooted in differential treatment. Differential treatment refers to the use of norms that provide for different, more advantageous, treatment to some states. Real differences exist between states, and the norms of differential treatment recognize and respond to these differences by instituting different standards for different states or groups of states. This book explores the value of differential treatment in integrating developing countries into international environmental regimes. It systematically categorizes and analyses the terms of integration, respecting differential treatment across new generation environmental treaties. It ferrets out the philosophical and practical bases for differential treatment in environmental treaties, and creates a framework within which differential treatment can be assessed. It suggests certain boundaries to differential treatment in international environmental law, and explores in detail the reach of differential treatment in the climate regime. The conflict between industrial and developing countries has thus far significantly impaired the ambition of the international environmental agenda. The relevance of this book lies in its ability to provide a principled framework within which the conflict between industrial and developing countries in the international environmental realm can be examined and resolved.

Жанр: Oxford University Press

- The only English-language title dedicated to the implementation and enforcement of Directives — Extensive coverage of ECJ case-law on the interpretation of Directives — Full coverage of the protection of individuals' rights in national courts This fully revised and updated new edition offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. Three central themes are investigated: the characteristics of EC Directives; the role played by national courts in protecting the rights which individuals derive from Directives; and the 'devices' and means by which the courts may implement this protection. Focussing initially upon clear examples from the ECJ case law, the author then moves on to discuss specific 'lines' within that case law, and to examine how these 'lines' complement or contradict each other. Throughout the text, the author's empirical argument is enriched by discussion of doctrine and theory. Less orthodox ideas are also incorporated through selective use of a comparative approach which illuminates the workings of EC directives from the broader perspective of the EC as a whole. In an updated conclusion, the prospects of Directives in the future and in the light of the nascent European Constitution are discussed. The result is an extensive and in-depth analysis of Directives, the case-law of the ECJ, and legal writing on the topic, which also engages with the more practical issues of implementation and enforcement in the courts.