Oxford University Press

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.

Жанр: Oxford University Press

- A fresh and detailed new perspective on this vital subject for specialists in the competition law field — Coverage extends beyond procedures in respect of Article 81 and 82 to practice and procedure in respect of mergers, state aid, public undertakings and EEA matters — Reliable and easy-to-consult source of information written by experts familiar with the practical aspects of the relevant procedures — Exhaustive coverage of the case-law and doctrine and user-friendly layout and format — Clear and concise language makes it accessible to experts and non-experts alike New to this edition — New coverage of Merger Control Procedure, Procedure for Public Undertakings, and State Aid Procedure This is the second edition of a key analytical commentary on the competition procedures of the EC, written by a distinguished editor and contributor team with extensive experience in the area. It provides the reader with an exhaustive account of the relevant rules, which includes a completely revised and updated analysis of antitrust procedure in the wake of the modernization of EU competition law. The reader is given a detailed discussion of the Commission's package of regulations and guidelines and their interaction in practice, in a field where new rules have caused a major change and the need for practitioners to reorientate themselves. The section on antitrust rules will be complemented by new sections on procedures for public undertakings, merger control, and state aid. As a practical guide to procedure it focuses upon the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts. It will prove an indispensable source of guidance for all practitioners involved in competition proceedings before the European Commission and national competition authorities.

Жанр: Oxford University Press

- The only current text in English examining the complex and rapidly changing area of EC employment law — Covers both the substantive law as well as the law making process, making this the only text to give the complete picture of EC Employment law — Places the law in its broader social and political context offering students an understanding of the underlying purpose of the EU's employment strategy New to this edition — Includes a new chapter on the European Employment Strategy, focusing on the Lisbon process and the new methods of governance employed by the EU to achieve harmonisation, especially the 'Open Method of Co-ordination' — Re-structures several chapters to make them more approachable to the student reader — Places greater emphasis on the EU's Charter of Fundamental Rights and its impact on EU social policy This new edition of EC Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, including the new Equality Directives, the development of the European Employment Strategy, the Open Method of Coordination (OMC) as well as more traditional regulatory techniques. It also analyses the ever expanding body of employment case law. The book begins with an examination of the development of EC employment law focusing on the shift from employment law to employment policy. The text then considers rule-making in the field of employment law considering both the traditional routes to legislation and the new governance techniques, including the OMC. The book considers the substantive area of employment law, considering the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participations and collective action. Throughout, the book addresses the fundamental question as to the purpose of EC employment law: is it primarily economic, social or both?

Жанр: Oxford University Press

- The only current text in English examining the complex and rapidly changing area of EC employment law — Covers both the substantive law as well as the law making process, making this the only text to give the complete picture of EC Employment law — Places the law in its broader social and political context offering students an understanding of the underlying purpose of the EU's employment strategy New to this edition — Includes a new chapter on the European Employment Strategy, focusing on the Lisbon process and the new methods of governance employed by the EU to achieve harmonisation, especially the 'Open Method of Co-ordination' — Re-structures several chapters to make them more approachable to the student reader — Places greater emphasis on the EU's Charter of Fundamental Rights and its impact on EU social policy This new edition of EC Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, including the new Equality Directives, the development of the European Employment Strategy, the Open Method of Coordination (OMC) as well as more traditional regulatory techniques. It also analyses the ever expanding body of employment case law. The book begins with an examination of the development of EC employment law focusing on the shift from employment law to employment policy. The text then considers rule-making in the field of employment law considering both the traditional routes to legislation and the new governance techniques, including the OMC. The book considers the substantive area of employment law, considering the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participations and collective action. Throughout, the book addresses the fundamental question as to the purpose of EC employment law: is it primarily economic, social or both?

Жанр: Oxford University Press

- A comprehensive approach which captures all relevant precedent analysis and reasoning by the European Court of Justice — Offers guidance on issues which have not yet been identified by the ECJ or which may arise in the future — A detailed and practical analysis of both EC and national procurement systems — A user-friendly and innovative layout which directs the reader through the analysis to specific answers and assists in identifying themes arising from litigation Public procurement represents a specialist yet important area of practice in the European and international business and commercial legal environment. This book offers an inclusive, coherent and practical analysis of the relevant law and jurisprudence, with the principal focus on the case law of the European Court of Justice in the public procurement field. The author provides the reader with a taxonomy of the themes and reasoning that has been used by the Court, and a convenient conceptual framework for practitioners and academics alike.

Жанр: Oxford University Press

- The book provides a modern, detailed examination of EU administrative law, with a particular focus on principles of judicial review — Evaluates the modes of EU policy administration from an inter-disciplinary approach — Covers core public law general principles such as legitimate expectations, legal certaintly, and proportionality 'EU Administrative Law' considers the ways in which the EU administers policy, the objective being to explicate, analyse and evaluate the modes of policy delivery, to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to 'Law and Administration' with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.

Жанр: Oxford University Press

- The book provides a modern, detailed examination of EU administrative law, with a particular focus on principles of judicial review — Evaluates the modes of EU policy administration from an inter-disciplinary approach — Covers core public law general principles such as legitimate expectations, legal certaintly, and proportionality 'EU Administrative Law' considers the ways in which the EU administers policy, the objective being to explicate, analyse and evaluate the modes of policy delivery, to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to 'Law and Administration' with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.

Жанр: Oxford University Press

- Only work to deal specifically with the Reorganisation and Winding-up of Insurance Undertakings and Credit Institutions directives making this an invaluable resource for the insolvency specialist — Written by top European specialists in this field and edited by two leading experts making this book of the highest calibre — Invaluable commentary on the application of the Directives ub 18 European states This major new practitioner work provides detailed analysis of the EU Directives 2001/17 and 2001/24 on the Reorganisation and Winding-up of Insurance Undertakings and Credit Institutions. Chapters cover the considerable impact both Directives have upon the role and the tasks of the supervisory authorities in the EU insurance and banking market (including their branches in other EU countries), the information to be provided to these authorities, the effects of the measures they can take, the law applicable to reorganisation measures and winding-up proceedings of these institutions. The book contains a detailed article-by-article commentary on both Directives themselves. In addition the work contains 18 separate surveys, within which local specialists describe and explain the specifics on the implementation of the Directives in their respective country.

Жанр: Oxford University Press

- The most comprehensive overview, analysis and critique of the Justice and Home Affairs Law of the European Union — Complete coverage of relevant human rights issues, and includes developments since Sept. 11th such as the definition of terrorism and the adoption of the European Arrest Warrant — Covers both the JHA institutional issues and the main substantive topics discussed and concluded in JHA negotiations This book examines in detail EU law on Justice and Home Affairs. In turn, it looks at the decision-making and judicial rules which the EU applies in these areas, then it examines the extensive EU law on visas and border controls, regulation of legal migration, control of illegal migration, criminal law definitions, criminal procedure, and policing and customs. Throughout the book, there is a focus on the tension between the objectives of controlling migration and fighting crime on the one hand and human rights and civil liberties principles on the other. This theme is one of the particularly important developments in this area which arose after the attacks of September 11, 2001. This unique overview and critique of the EU law on Justice and Home Affairs is a one-stop source for information and analysis on a highly topical area of increasing concern in international politics, and one which is bound to have increasing impact as economic integration proceeds.

Жанр: Oxford University Press

- Comprehensive guide to the key employment law issues arising in business reorganisations — Fully up to date to incorporate changes made by the TUPE Regulations 2006 — Clearly structured to ensure comprehensive coverage of the various effects of reorganisations on employers and employees, both where the TUPE Regulations apply, and where they do not — Includes practical guidance to the numerous difficult issues that arise in practice, such as working out whether or not the regulations apply, and the complex issues surrounding dismissals and redundancy — Contains full coverage of collective consultation obligations, common law obligations, and rights and liabilities in relation to pension schemes — Written in an accessible and engaging style, this text will appeal both to employment law practitioners and non-specialists — Examines the underlying UK and European statutory framework as well as all relevant case law This timely new text examines the various employment law issues arising in relation to business reorganisations. Providing guidance on the most difficult practical issues of this complex area, the book is aimed primarily at practitioners working in this area. However, its accessible style ensures wider appeal to non-specialists. The book focuses on the rights and obligations of an employer towards its employees and their representatives when it seeks to reorganise its business. This can include situations where an employer wishes to contract out certain operations (and relevant employees may be transferred to another employer) or where affected employees are retained but reallocated to different jobs and responsibilities. Fully up to date to incorporate the Transfer of Undertakings (Protection of Employment) Regulations 2006, the book details the circumstances where the regulations apply and where they do not, and the full implications to employers in each case. Clearly structured to ensure ease of reference, the book provides separate coverage of collective and individual employment rights and detailed analysis of key issues such as obligations in respect of pension schemes, the definition of redundancy and the right to a redundancy payment, as well as the circumstances where there is no redundancy but where an employee may be fairly dismissed in a reorganisation for «some other substantial reason». The book also deals with the manner in which employees' common law rights may be breached and the possible impact of the law of discrimination on a reorganisation. Full attention is given to the underlying UK and European statutory framework and the developing case law in this area.