Oxford University Press

- Separatism is a highly topical and controversial legal and political issue — The first legal examination of how democratic constitutions accommodate national minorities — Will appeal to political and sociological theorists as well as public lawyers Over the past thirty years, sub-State national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This phenomenon has been the subject of considerable study by sociologists, political scientists, and political theorists. This book differs by offering a study of the consequences of these rights claims for legal systems. It examines the role played by law, especially constitutional law, in the negotiation of the complex relationships and competing rights claims involving the State, national minorities, and other groups and individuals within the State. This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies. Tierney contends that the democratic plurinational state, characterized by the presence of more than one national group within the State, is a discrete category of multi-level polity which defies the standard classifications of liberal constitutionalism. Building upon this theoretical basis, this book then focusses upon recent developments toward the institutional accommodation of Catalonia, Quebec, and Scotland. Tierney examines the legal issues which arise from the challenges posed by national minorites within multinational democracies, to the constitutional and institutional structures of particular States, and also to some of the fundamental precepts of democratic constitutional theory and practice.

When the first President Bush chose David Hackett Souter for the Supreme Court in 1990, the slender New Englander with the shy demeanor and ambiguous past was quickly dubbed a «stealth candidate». Determined to avoid a repeat of the firestorm surrounding President Reagan's nomination of the controversial Robert Bork, Bush opted for Souter, who had, remarkably, produced only one law review article in his legal career. Souter, an obscure but well-respected New Hampshire conservative, seemed unlikely to arouse the kind of passionate opposition that defined the Bork confirmation process. And, indeed, Souter was accepted onto the Court with little fuss. Today, fifteen years into his tenure, Souter remains as enigmatic and unpredictable as ever, a mystery even to avid Court watchers. Who is David Hackett Souter and what will be his legacy on the Supreme Court? Sifting through Souter's opinions, papers of the Justice's contemporaries and other relevant records and interviews, esteemed Supreme Court biographer Tinsley Yarbrough here gives us the real David Souter, crafting a fascinating account of one of the heretofore most elusive Justices in the history of the Court. Though Souter's record on legal issues was generally conservative before his arrival on the Court, his mixed views caused some concern among both the left and the right during the appointment process. His reclusive lifestyle and frugality added to his mystique, making him even more difficult to peg. His penchant for solitude and his seemingly narrow circle of close friends convinced some that the middle-aged bachelor was out of touch with the sort of «real world» problems the nation's highest court regularly confronts. Court watchers soon realized--to their delight or dismay--that President Bush's «stealth» justice was a traditional New England Republican deeply tied to the party's historic roots in the union and civil rights--in stark contrast to most Reagan-Bush I appointees. On the bench, Souter has embraced a flexible, evolving, and highly pragmatic judicial style that embraces a high regard for precedent--even liberal decisions of the Warren and Burger Courts with which he may have personally disagreed. Even more significantly, Souter has become a regular and very effective critic of the set of rulings via which his ostensible political brethren--Chief Justice William Rehnquist, Antonin Scalia and Clarence Thomas--have abandoned precedent to assert their conservative vision. Ultimately, Yarbrough contends, Souter has become the principal Rehnquist Court opponent of the originalist, text-bound jurisprudence that many of the more conservative Justices profess to champion.

- Advances the idea that social welfare should have a distinctive EU dimension — Traces the impact of the EU on member states in social citizenship, fundamental rights and economic freedoms — Examines the 'Open Method of Co-ordination' and the tensions between market liberalization and social protection in the EU This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms — competition law and free movement law in particular — on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.

- Advances the idea that social welfare should have a distinctive EU dimension — Traces the impact of the EU on member states in social citizenship, fundamental rights, and economic freedoms — Examines the 'Open Method of Co-ordination' and the tensions between market liberalization and social protection in the EU This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms — competition law and free movement law in particular — on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.

- The depth of coverage makes this text suitable for both undergraduate and postgraduate students — Contains excellent sources of reference focussing on English law, with considerable use made of US, Canadian and Australian examples enabling students to set banking law within its wider context — Incorporates new developments in relation to electronic banking and payment, consumer credit, financial regulation and securities giving students access to the most up-to-date information New to this edition — New chapters on money laundering and bank guarantees — Includes new developments in relation to electronic banking and payment, consumer credit, financial regulation and securities Ellinger's Modern Banking Law sets banking law clearly against the background of general legal doctrines and banking regulation, discussing its operation in the context of its wider economic function. The book examines the different types of banks and banking organizations operating in the UK, also making use of American, Canadian, and Australian examples. It provides analysis of the banker and customer relationship, explaining the different types of accounts available, the duties and the liabilities of banks, and the latest processes used in the clearance of cheques and money transfers. Issues relating to overdrafts, bank loans, credit agreements, and securities for bankers' advance are covered in the closing chapters. This fourth edition has been fully updated and revised to take into account the recent developments in electronic banking and payment, consumer credit, securities, and financial regulation. Also included are new chapters on money laundering and bank guarantees, ensuring this text maps closely on to university law courses.

- Develops a coherent and consistent theory that integrates different approaches to the study of international cooperation and the environment — Provides information on over 300 treaties — Analyses a number of case studies (e.g. depletion of the ozone layer, whaling, pollution of the Rhine, acid rain, over-fishing, pollution of the oceans, and global climate change) — Puts forward policy prescriptions for negotiating better treaties Environmental problems like global climate change and stratospheric ozone depletion can only be remedied if states cooperate with one another. But sovereign states usually care only about their own interests. So states must somehow restructure the incentives to make cooperation pay. This is what treaties are meant to do. A few treaties, such as the Montreal Protocol on Substances that Deplete the Ozone Layer, succeed. Most, however, fail to alter the state behaviour appreciably. This book develops a theory that explains both the successes and the failures. In particular, the book explains when treaties are needed, why some work better than others, and how treaty design can be improved. The best treaties strategically manipulate the incentives states have to exploit the environment, and the theory developed in this book shows how treaties can do this. The theory integrates a number of disciplines, including economics, political science, international law, negotiation analysis, and game theory. It also offers a coherent and consistent approach. The essential assumption is that treaties be self-enforcing-that is, individually rational, collectively rational, and fair. The book applies the theory to a number of environmental problems. It provides information on more than three hundred treaties, and analyses a number of case studies in detail. These include depletion of the ozone layer, whaling, pollution of the Rhine, acid rain, over-fishing, pollution of the oceans, and global climate change. The essential lesson of the book is that treaties should not just tell countries what to do. Treaties must make it in the interests of countries to behave differently. That is, they must restructure the underlying game. Most importantly, they must create incentives for states to participate in a treaty and for parties to comply.

Topics include: — Folk Etymology — Borrowed Words — The Methods of Etymology — Change of Meaning in Language History — The Origins of the Earliest Words and Ancient Roots — The State of English Etymology «Millions of people want to know the origin of the words they use. Word columns in daily newspapers and numerous books attempt to satisfy their curiosity. Word histories are usually digested like pills: the user is interested in getting well, not in the chemistry of the prescribed medication. Those who send letters to the Editor also want a straight answer without bothering about how «editors» come by their knowledge. Therefore, they fail to realize that etymologies are seldom definitive and that the science of etymology is intensely interesting. Perhaps if someone explained to them that, compared to the drama of words, Hamlet is a light farce, they might develop a more informed attitude toward philological research and become students of historical linguistics rather than gullible consumers of journalists' pap.» This is how Anatoly Liberman begins Etymology for Everyone , the only guide to the science and process of etymology for the layperson. This funny, charming, and conversational book not only tells the known origins of hundreds of words, but also shows how their origins were determined. Liberman, a world-renowned etymologist, takes the reader by the hand and explains the many ways that English words can be made, and the many ways in which etymologists try to unearth the origins of words. Part history, part how-to, and completely entertaining, Etymology for Everyone invites readers behind the scenes to watch an etymologist at work.

- Charts evolution of EU Employment Strategy and outlines its implications for labour law and industrial relations — Offers an interdisciplinary exploration of European social law and employment policy — Examines aspects of the 'new governance' — such as whether states or the EU should regulate labour and the harmonization versus competition debate Labour law and social policy have long provided an arena within which key debates over the depth and pace of European integration have taken place. Increasingly, as the European Union's employment policy has matured, employment and economic policy discourses have come to displace discourses around social policy and social law, a displacement which has occurred in tandem with a shift from legislative harmonisation to the use of 'soft law' and governance by means of guidelines. This book charts the evolution of the European Employment Strategy and the new forms of governance to which it has given rise, in particular the 'open method of coordination'. It offers an interdisciplinary exploration of European social law and employment policy, scrutinizing the law and economics of labour market regulation in the European context and responding to the economic critique of traditional notions of social protection. Through a detailed examination of the legal and economic underpinnings of the European Employment Strategy, the author outlines the implications of this strategy for labour law, social protection and industrial relations within the EU. Using the open method of coordination in the European Employment Strategy as a case study, the book also provides a timely contribution to the growing literature on 'new governance' in the EU. This innovative form of governance has the potential to forge a middle course through the regulatory choices facing the EU: the choice over the appropriate level of regulation in the EU, whether national or supranational; that over the legitimate role for the state in regulating or deregulating the labour market; and ultimately, the choice between centralised harmonization and regulatory competition.

- Accountability of executive power is highly topical in the wake of the Iraq war, and the Guantanamo Bay detainees — Uniquely approaches the issue of the nature of executive power from a comparative legal perspective — Addresses the question of the correct delimitation of executive power, and how best to hold it politically and legally to account For most of the past two hundred years or more — the grand era of national constitution-making — founding fathers and constitutional scholars alike seem to have focused more sharply on questions of legislative power than they have on executive power. Executive power, by contrast, they worried much less about and sought to delimit less thoroughly. The scope of executive power and its accountability are however endemic problems, which arise within federal and non-federal states. Nor are these issues unique to common law constitutional orders. Problems concerning the nature and delimitation of executive power also arise in civil law jurisdictions and in the European Union. Despite the historical constitutional focus on legislative power, it is executive authority which seems in the early 21st-century to be the more threatening. This book addresses two sets of questions that are under-researched in constitutional scholarship. What is the proper scope of executive authority, how is executive power delimited, and how should it be defined? How is executive authority best held to account, politically and legally? These questions are both descriptive and normative and they are addressed accordingly in each of the chapters by leading public lawyers from a variety of jurisdictions. The book examines executive power in the United Kingdom from a British and from a distinctively Scottish perspective. There are chapters on the four common law jurisdictions of Australia, New Zealand, Canada, and the United States; on the four civil law jurisdictions of France, Germany, Italy, and Spain; and on the European Union. This insightful comparative perspective allows themes to be drawn together, and lessons extracted on the nature of executive power and its accountability.

- The first book to focus solely on this subject — A detailed and concise guide to a very complex area of company law — Gives clarity to existing legislation — Minimises risk of advising on this difficult area where clients might suffer criminal sanctions — Includes a section of case summaries of key cases vital to interpretation of the legislation — Problem areas are tackled and solved — Written by leading experts in the field This is a practical guide to the subject of financial assistance for the acquisition of shares, in which the authors give a detailed analysis of the current legislation and a critical review of the relevant case law. Financial assistance is a complex, technical and highly regulated aspect of company law, and mistakes have serious civil consequences and criminal sanctions. This book assists practitioners with the interpretation of this difficult area of law and allows them to advise with confidence. Financial assistance is one of the most challenging areas of company law. It is renowned for causing practical difficulties and for the risk involved of giving advice on this area. This book seeks to interpret the position of financial assistance by close reference to the statutory material and abundant case law. Part I deals with the derivation of the legislation and sets out the legislation verbatim with a commentary thereon. Part II contains further analysis of the component parts of the prohibition on the giving of financial assistance. Part III offers factual and critical analysis of some of the most significant cases on this area of the law. The relevant cases will also be cited in Part I and II.

- Human rights conditionality is politically controversial, giving the book a wide readership potential with NGO's for policy research — Comparative reference made between EU and US law and policy — Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusions have major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.

- Combines philosophical, political and historical perspectives with legal analysis of indigenous issues and the ILO Conventions — The book is based on unprecedented research on official documentation and unpublished archival material — Connects the evolution of international law regarding indigenous peoples to wider normative trends, development and applied anthropology — Indigenous peoples issues are of growing importance in a number of jurisdictions eg: Latin America, Canada, United States, Australia, New Zealand, Africa and Asia Indigenous Peoples, Postcolonialism, and International Law: The ILO Regime (1919-1989) explores the historical process leading to the emergence of indigenous peoples as distinct objects of modern international law, through the activity of the International Labour Organization (ILO). The ILO is the institutional site for the two current legally binding international instruments dealing with indigenous peoples, Convention No. 107 (1957), and Convention No. 169 (1989). Based on careful research on official documentation and unpublished archival evidence, the book enquires into the origins of the ILO's historical interest in the living and working conditions of indigenous peoples, and traces this back to the organization's early concern on the conditions of life of 'native workers' in colonial territories in the inter-war period. The book connects this early concern with the organization's regional policy in the Americas, where the 'Indian problem' became a priority on the organisation's agenda. These historical processes set the ground for the adoption, a few years later, of Convention No. 107 and Recommendation No. 104, instruments that translate the main assumptions of state development policies towards indigenous groups into international law. After an examination of the origins and content of Convention No. 107, the book sheds light on the process that lead the I.L.O. to reshape its old policies into the form of Convention No. 169, the most up to date and important international treaty dealing with the rights of indigenous peoples today.

- The only text on the Information and Consultation of Employees Regulations 2004 — Offers clear, practical guidance to this complex new area, with checklists and sample documentation — Explains the contents of the Regulations and provides advice on what they will mean for employers in practice — Includes full text of the Regulations, along with the EU Information and Consultation Directive, and the DTI guidance on the Regulations providing a one-stop shop for interested practitioners — Authored by a team at Freshfield Bruckhaus Deringer, a leading international law firm with a highly regarded employment law team A comprehensive and practical analysis of the Information and Consultation of Employees Regulations 2004. The Regulations, which come into force on a rolling basis from spring 2005, represent a fundamental and complex change to employee relations in the UK, requesting companies to set up domestic works councils and inform and consult them about a wide range of business issues. This book provides a detailed explanation of the contents of the regulations, as well as offering expert guidance on their implications for employers in practice. The text explains the operation of the new law on a mechanical level and provides expert guidance on its implications. It addresses the practical concerns and questions of those affected — when do the regulations apply; how is the information and consultation process started; how does an employer negotiate; when should a voluntary procedure be considered; what does 'information and consultation' mean; how is confidential information best treated; how will the new be procedure enforced; how does it interact with existing laws on redundancy and TUPE? The Narrative is supported by flowcharts and sample procedures, together with the full text of relevant materials (the Regulations, the Directive, and DTI guidance).

- The analysis is multi-jurisdictional, bringing together contributions from Australia, North America, Canada, the UK, Europe and Japan. — Contributions come from some of the leading international scholars in the field — The analysis is placed within the broader context of globalization, also taking account of theoretical perspectives In recent years, gender has emerged as an important focus of attention in discourse in and around labour law. Gender is gradually moving from the margin to the mainstream of labour law debate, particularly with the development of a 'family-friendly' policy agenda. This book consists of a series of essays from an international selection of leading legal scholars exploring the shifting boundary between work and family from a labour law perspective. The object is to assess the global implications for labour law and policy of women's changing role in paid and unpaid work. The approaches adopted by the contributors' are diverse, both conceptually and geographically, encompassing analyses from Australia, North America, Canada, the UK, Europe and Japan, and including national and supra-national perspectives. Key themes informing the collection as a whole are the re-positioning of unpaid care work as integral to the performance and structure of productive activity; and consideration of the implications of recognizing the interdependence of work and family activities. In this way, the book seeks to develop a central theme from the previously published 'Labour Law in an Era of Globalization' (Conaghan, Fischl and Klare, eds. OUP), as part of an ongoing exploration into the distributive implications of economic and political globalization.

- As the EU internal market reaches a critical juncture the issue of harmonization is increasingly important — Comparative study of English and French law and their interaction with the EU — Cuts across the traditional boundaries of private, public, and criminal law The EU has been active in attempting to harmonize the laws of product liability and sale of goods to consumers, with the aim of promoting fair competition, developing the internal market, and protecting consumers. But how do the resulting laws relate to existing national laws of liability and compensation? Is the resulting harmonization genuine or merely formal? Has implementation of the EC directives changed the law, but left claimants and defendants as differently treated as ever in different Member States? This comparative study considers the French and English laws governing all those who may be liable for products: their producers, their suppliers, their users and their regulators. To do so, it examines in each system the private law of tort and contract and aspects of the civil process which are important in determining liability; the administrative law concerning failures to regulate or control product safety; and the liability for products of suppliers of public services, such as water or healthcare. It considers how the substantive criminal offences affecting product safety, whether particular to products or under more general law, relate to civil liability or to compensation. The emerging picture reveals two complex and significantly different patterns of liability for products in the English and French systems, cutting across the traditional boundaries of private law, public law and criminal law. Implementation of the Product Liability Directive and Consumer Guarantees Directive required the insertion into these patterns of new elements, disharmonious with existing wider legal strategies and techniques. This study considers various problems of these directives' implementation in the French and English systems, the main issues of their proper interpretation, and the relationship of the new laws which they create with existing bases of liability. It explains the different significances given to 'fault,' 'negligence' and 'defect' (whether of safety or of contractual conformity); the relationship between judicial institutions and legal procedures in the determination of substantive legal issues; and the different relationships in the two laws studied between public and private, civil and criminal law. It concludes by offering wider comments on legal harmonisation based on the French and English experience in relation to these two directives.

- Endorsed by Cambridge International Examinations. — Written by respected bestselling mathematics author. — All material precisely targeted to IGCSE specification. — Fully updated for new syllabus, including objectives at the start of each unit. — IGCSE exam questions integrated throughout the book. This is a new edition of an existing textbook, with updated content for the 2006 syllabus. It is designed to be a student main text, and contains all you need to pass the IGCSE Core exam.

- Covers the regulatory offence of market abuse as introduced by the Financial Services and Markets Act 2000 — Provides critical analysis of UK and EU regimes dealing with market abuse, with US case-studies — The first book to use both legal and economic approaches to this subject Economic theory indicates that financial markets play a prominent role to the efficient allocation of resources in the modern world. Financial markets can fulfil this role if they enjoy the confidence of investors and are free of abuse. The financial frauds associated with the collapse of Enron and the major crises in world leading corporations such as WorldCom, Adelphia, Tyco, and the 'Wall Street financial scandals' have shown that fraud, manipulation, and insider dealing retain a catastrophic presence in modern financial markets. Proper deterrence of market abuse is necessary not only for the effective operation of modern financial markets, but also for regaining investor confidence. This book analyses the mechanics and regulation of two of the most harmful market practices in the modern financial world: insider dealing and market manipulation, which together comprise the offence of market abuse. Avgouleas examines the UK and EC regimes from an interdisciplinary perspective, also making extensive and critical use of US case law. He emphasizes the economic analysis of anti-fraud manipulation regulations and their effects upon market welfare and explores the possible deterrent benefits of civil law remedies.

- Examines reform of the German law of prescription and liability in sales law from a comparative and historical perspective — Reflects on the position of German contract law in relation to Europe, and theorizes about the possibility of a future European civil code On 1 January 2000 the German Civil Code (BGB) became one hundred years old. It had been remarkably resilient throughout a century marked by catastrophic upheavals and a succession of fundamentally different political regimes. Two years later, however, the most sweeping individual reform ever to have affected the Code entered into force. This was the Modernization of the Law of Obligations Act: triggered by the necessity to implement the European Consumer Sales Directive, but going far beyond what was required by the European Community. The most important practical implication of the Modernization Act is the fundamental reform of the German law of prescription. However, the most remarkable feature of the revised BGB in terms of innovative doctrine is the new regime concerning liability for general non-performance, and for non-conformity in sales law. Radically, the face of the BGB has been changed by the incorporation of a number of special statutes aiming at the protection of consumers. The draftsmen of the new law have thus made an effort to streamline, or harmonize, general contract law and consumer contract law. The four topics covered in Chapters 2-5 of the book are prescription, remedies for non-performance, liability for non-conformity, and consumer contract law. In all these cases a historical or comparative perspective is adopted in order to analyze and assess the new rules of German law. Even in its radically new form the German Civil Code continues to be a characteristic manifestation of German legal culture. At the same time, however, the reform has moved German contract law considerably closer to European thinking patterns. Termed 'a milestone on the path towards a European Civil Code', this book offers a unique and authoritative insight into the new German law of obligations.

- Provides a concept of law which reconciles globalization with long-standing tradition and state structures — Refers to law from all continents, giving it a wide readership — Combines legal history, legal theory and comparative law in its analysis of the history and importance of common laws The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualization and justification of law beyond the state, while still supporting state and other local forms of normativity.

- This book provides a comprehensive analysis of a new composite category of employment contracts in English Law and identifies a set of fundamental principles of construction for personal employment contracts — An exploration of the novel concept of the employing enterprise, and how this concept replaces the employer — Comprehensive analysis of the law concerning the termination of employment contracts This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since the earlier treatise was written. However, the present work aims to do more than providing a second edition of The Contract of Employment. It addresses a wider range of employment relationships than the previous work did; in fact, it argues for and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other «personal employment contracts», a concept which the author articulates and justifies. Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the «employing enterprise», the bilateral structure of employment contracts is re-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination.

- Considers so-called 'neglected rights' such as those relating to health and disability — Covers both the EU Charter of Fundamental Rights and European Social Charter, two systems rarely considered side by side in the academic literature — Situates the debate on social rights in the context of important current events in the EU, including the EU Constitution, the recent Open Method of Coordination, economic globalization, and Europe's increasing international role — Contrasts protection of social rights between traditionally democratic and post-communist states Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe in recent years. The debate over the justiciability of social rights in the EU's Charter of Fundamental Rights, and the revision of the Council of Europe's European Social Charter, have contributed in different ways to this prominence. The chapters in this book examine these recent developments, and discuss some of the current dilemmas and challenges for the system of protection of social rights in Europe. The collection moves deliberately beyond the traditional focus on labour rights to consider other social rights which are seen to be of growing importance, such as health and disability in particular. Writers who are familiar with, and in some cases who have worked within, the various European systems assess different aspects of their functioning, including their respective mechanisms for monitoring and enforcement. The relationship between the two main systems of protection of social rights (The EU Charter of Fundamental Rights and the European Social Charter) is considered both in a chapter on the possibility for future accession of the EU to the ESC, as well as through a series of case studies on the right to work, to health, to freedom from discrimination, and the rights of the disabled. This approach allows reflection on the respective strengths and weaknesses of these two systems, and the existing tensions and synergies between them.

- A detailed and modern examination of the choice of law rules in inter vivos transfers of property — Analyses relevant principles under both English and Scottish law — Covers an area of current interest and topicality, including cultural property and indirectly held securities — Offers balanced solutions to complex problems arising in choice of law rules related to property This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property (including the special case of cultural property), and intangible movable property (including indirectly held securities). The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict of laws.

- Analytical overview of the WTO's most technical and controversial agreement, the Anti-Dumping Agreement — Written in a non-technical manner and using simplified examples to appeal to non-experts as well as experts — Systematic article by article analysis by a leading practitioner The book provides an analytical overview of the World Trade Organisation's Anti-Dumping Agreement, as interpreted by WTO Panels and the Appellate Body. The Anti-Dumping Agreement is often perceived as being the most technical and controversial WTO agreement. While the basic concepts of dumping and resulting injury may appear deceptively simple, complex methodology related to the calculation of dumping and injury margins, as well as the very detailed procedural requirements that authorities need to comply with before taking anti-dumping action, make the Anti-Dumping Agreement difficult to apply and understand in practice. While the book of necessity goes into great detail about the intricacies of anti-dumping law and practice, it attempts to explain the various concepts in a relatively non-technical manner by means of simplified examples that are easy to grasp for experts and non-experts alike. The book also pays extensive attention to interpretations of the various provisions of the Anti-Dumping Agreement by WTO panels and the Appellate Body. There have been more WTO cases under the Anti-Dumping Agreement than under any other WTO Agreement, reflecting both the increased recourse to anti-dumping measures by WTO members all over the world and the complexity of abiding by the WTO rules. WTO Panels and the Appellate Body, called upon to review administrative determinations and aspects of national legislation, have done a remarkable job in interpreting the WTO rules. For WTO members, wishing to impose anti-dumping measures in a WTO-consistent manner, knowledge not only of the Agreement itself, but also of such interpretations, is therefore a must.

- Clearly written by leading experts in the field — Comprehensive up-to-date coverage of the subject — Essential reading for those interested in European Environmental Studies The Yearbook of European Environmental Law brings together topical analyses of contemporary European Environmental Law. Leading European and American academics provide in-depth scholarly articles covering a wide range of challenging issues. The Yearbook contains an easily accessible Annual Survey providing legal practitioners, academics, and policy-makers with detailed and indispensable information on current and future European environmental law. In addition the Yearbook features summaries and full texts of preparatory commission documents, green books, and other discussion papers, as well as a selection of reviews of books.