Oxford University Press

- A practical guide to using border measures against the importation of goods infringing intellectual property rights into the European Union — The book gives ^full ^ coverage of EC Regulation 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and 1891/2004 laying down provisions for its implementation — Written by a specialist practitioner editor and contributor team giving all practical aspects of problems involving multi-state abuses of intellectual property rights (including how to contact customs authorities, useful website addresses, and more) — Pulls together a substantial amount of key information not always readily available, thereby saving valuable research time — Reader-friendly layout with consistent design for all of the 25 national reports, facilitating the ability to compare different national approaches and make strategic decisions This book is a practical guide on anti-counterfeiting and anti-piracy measures at the borders of the enlarged European Community. It deals with all aspects of 'border measures' under Regulation (EC) 1383/2003. As well as providing a thorough description of the implementation of the new regime, the publication also fills in the gaps by including areas of national law, thus providing a coherent overview of the application of the current regime of border measures in place within the European Union. The main topics addressed are: (i) the general background behind the phenomena of counterfeiting and piracy in Europe (by Prof. Michael Blakeney); (ii) the international legal framework for border measures (Paris Convention, Berne Convention, TRIPS, WIPO Model Provisions, etc.) (by Prof. Daniel Gervais), as well as (EC) Regulation 1383/2003, Implementing Regulation 1891/2004 and the case law of the European Court of Justice (by Mr Schneider and Mr Vrins); (iii) the main part of the book is devoted to national reports on the application of border measures in all 25 Member Countries of the European Community; (iv) the last Chapter of the book highlights the similarities and differences in the approaches adopted by the Member States when faced with infringements of intellectual property rights at the borders, and attempts to emphasize how these are relevant to right-holders when defining their strategies in the fight against such infringements. This manual is the very first English language publication dealing with the practical application of Regulation 1383/2003 in all 25 Member Countries of the European Community.

- The author has an international reputation as linguist and founder of the Natural Semantic — Metalanguage approach to semantic analysis — The first book to connect the English language with «Anglo» culture — By the same author: Semantics, Culture, and Cognition (OUP, 1992) sold 3,740 in paperback It is widely accepted that English is the first truly global language and lingua franca. Its dominance has even led to its use and adaptation by local communities for their own purposes and needs. One might see English in this context as being simply a neutral, universal vehicle for the expression of local thoughts and ideas. In fact, English words and phrases have embedded in them a wealth of cultural baggage that is invisible to most native speakers. Anna Wierzbicka, a distinguished linguist known for her theories of semantics, has written the first book that connects the English language with what she terms «Anglo» culture. Wierzbicka points out that language and culture are not just interconnected, but inseparable. This is evident to non-speakers trying to learn puzzling English expressions. She uses original research to investigate the «universe of meaning» within the English language (both grammar and vocabulary) and places it in historical and geographical perspective. For example, she looks at the history of the terms «right» and «wrong» and how with the influence of the Reformation «right» came to mean «correct.» She examines the ideas of «fairness» and «reasonableness» and shows that, far from being cultural universals, they are in fact unique creations of modern English. This engrossing and fascinating work of scholarship should appeal not only to linguists and others concerned with language and culture, but the large group of scholars studying English and English as a second language.

- Theoretically and historically informed analysis of an increasingly important legal mechanism — Case studies illustrate practice and purpose of using environmental assessment — Broad coverage of topics including land use, pollution control, habitat protection, and policy making — Was a runner up for the Society of Legal Scholars Peter Birks' Prize for Outstanding Legal Scholarship Environmental Assessment is an inherently interdisciplinary mechanism which is concerned with the input and quality of information about the likely effects of development upon the environment. It is a useful tool for examining aspects of the relationship between law, governance, and the regulation of decision making, which have been central to the development of environmental law. In this volume, the procedural mechanism of environmental assessment is analysed. The author argues that, notwithstanding its procedural nature, environmental assessment is highly material to the outcome of a decision. A major focus of this analysis is the enhanced role of the developer in shaping the outcome of a decision by assuming responsibility for providing information on which a decision will be based, in accordance with a broader agenda of expanding the roles and responsibilities of participants in environmental decision making. The author draws upon several contemporary projects as case studies of assessment: a global port, an offshore windfarm, a flood defence strategy, and a recreation centre. In analysing these sites of decision making from a legal perspective, the author touches upon the key determinants of environmental assessment: discretion, the significance of environmental effects, alternative options, and participatory rights. Finally, the volume looks to the future development of environmental assessment: as an avenue for protest, and, alternatively, as a standardized component of international contracts for development.

Focuses on the practical tasks required to stay in compliance with U.S. environmental laws

- Introduces the basic principles of equity, emphasising contemporary views and modern issues, thereby providing students with a guide to key topics — Considers the impact equity has had on the modern legal landscape, and the controversial questions that arise from our dual system of law and equity, helping students to think critically about the subject — The clarity of the language ensures that legal debates in this area are readily accessible to all readers New to this edition — The second edition will be thoroughly updated to include significant Court of Appeal and House of Lords cases, that are material to the legal ideas discussed — Selective references to the key cases and commentary have been incorporated to provide guidance for students wishing to pursue the issues in more detail — Includes footnotes and references to leading cases This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises. The second edition now includes footnote references to the leading cases in the area. Each chapter also provides a short list of key cases, and a selective biography chosen for its ability to provoke debate about the principal controversies exposed in the chapter. These additions are designed to guide and stimulate students and practitioners in their engagement with the subject.

- Written by authoritative specialists in the field including the President of the Community Plant Variety Office — Systematic explanation of the Community plant variety system and of the interrelation of plant variety rights with other IP rights, with guidance on the appropriate form of protection — Covers enforcement under the Plant Variety Protection Regulation and under national laws — Includes time-saving references for further information on national, Community and international plant variety protection and enforcement This book is intended as a practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94. This system was introduced to enable breeders to protect in Europe new varieties of plants with a tailor-made intellectual property right. The plant breeding industry is an important sector in the European Community with an increasingly competitive atmosphere forcing breeders to protect their products and enforce their IP rights against competitors. This book provides a systematic approach to the Community plant variety protection system. The authors explain how to obtain plant variety protection and how to enforce rights to that protection. They also consider various interpretations of the provisions of the Regulation as well as the strengths and weaknesses of the system. The book covers the world's largest system for plant variety protection, and will be the only comprehensive up-to-date resource on Community Plant Variety Rights.

- New edition of a leading single volume treatise on the jurisprudence of the ECJ — Discussion of key issues of the Court's jurisdiction, direct effect, remedies, and fundamental freedoms — Analyses the role reserved for the Court under the Union's new Constitutional Treaty The European Court of Justice is a controversial institution. Its supporters see it as having played a central and positive role in shaping a polity which has given its Member States an unprecedented degree of peace, stability and prosperity. To its detractors, it has ignored the Treaties from which it derives its powers in order to pursue an agenda of its own about the political shape of Europe. This book analyses the Court's place in the institutional architecture of the European Union and its contribution to the constitutionalization of the Union and the development of the Union's substantive law. Questions examined include the jurisdiction of the Court; the relationship between Union law and national law; the impact of Union law on national laws concerning remedies; and the protection of fundamental rights. The book also looks at certain key areas of substantive law which have to a large extent been judicially constructed. In the final section, some overarching themes relating to the Court's overall approach are addressed. To what extent has it evolved with the development of the Union? What has been the Court's relationship with the other institutions of the Union and the national courts of the Member States? Should we regard the central role the Court has undoubtedly played in the development of the Union as legitimate? What is the nature of the role reserved for the Court under the Union's Constitutional Treaty, signed by the Member States in Rome on 29 October 2004? The book will be of interest to anyone concerned with the development of the European Union and the role of the Court in that process.

- New edition of a leading single volume treatise on the jurisprudence of the ECJ — Discussion of key issues of the Court's jurisdiction, direct effect, remedies, and fundamental freedoms — Analyses the role reserved for the Court under the Union's new Constitutional Treaty

- Brings together French, German and English tort law, European Community tort law and the case law of the European Court of Human Rights — Gives a concise and up to date account of how the various tort law systems work and how they are intertwined — Examines the relationships between cultures and policies of the different systems This is the first textbook on European tort law. It provides insight into the differences and commonalities between the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, Community law and human rights law. The author shows that European tort law is still a matter of diversity rather than harmony, particularly at policy level. However, he also underlines that Community law and the European Convention on Human Rights are powerful engines for harmonization. For this reason, European tort law is of growing importance for practitioners and academics as European integration progresses. The first part of the book (Systems of Liability ) provides an overview of the state of affairs of the tort law systems of France, Germany and England, and of the European Union. In a concluding chapter the author compares the various rules, cultures and policies of the legal systems and demonstrates the need for a European policy discourse. The second part (Requirements of Liability ) analyzes and compares the requirements for liability in the various tort law systems: protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. The final part (Categories of Liability ) also assumes a comparative and supranational point of view. It shows how national and European rules are applied in a number of categories, such as liability of public bodies, liability for defective products, motor vehicles, employees, children, premises and highways, and for environmental damage. The book is written in a concise yet clear style. Brief accounts of numerous cases elucidate the breadth and depth of European tort law.

- Provides practical guidance on the skills and techniques needed to successfully answer essay and problem-style questions so that students can reach their full potential — Includes numerous examples of model answers, both good and bad, with author commentary so that students can understand how, by approaching questions in different ways, they can best demonstrate their knowledge of the law — Emphasises the need to develop skills and techniques throughout law modules including how to gather appropriate materials, and formulate ideas, so that early on students are in the best possible position to produce work that reflects their abilities New to this edition — New coverage on the best techniques students could adopt in writing their coursework, including extended essays and dissertations — There will be an expanded section on answering essay questions — An improved and clearer page layout to aid navigation This book deals with the major hurdles that all students must face: examinations. To overcome this barrier, it is important that the exam process is fully understood by students and that the techniques used by successful examinees are thoroughly mastered. Written in a clear, accessible style, Exam Skills for Law Students demonstrates how good students can do themselves justice in examinations by using the knowledge that they have acquired to full effect. The authors suggest ways in which legal arguments can be marshalled and identify methods by which both essay and problem questions can be tackled. Examples are drawn from the core subjects of contract, criminal law, public law and the law of torts, although techniques illustrated can be applied to many other areas of law. This will be an invaluable aid to any students taking academic law examinations.

- Comprehensive new guide to the controversial area of expert evidence in civil litigation — An authoritative first port-of-call for civil litigation practitioners, the judiciary, and professionals who act as expert witnesses — Provides detailed commentary to the new procedures under Part 35 of the Civil Procedure Rules — Contains practical guidance to the key issues that arise in practice, including accreditation, the solicitor/expert relationship, experts' reports and privilege, court management of expert evidence, the single joint expert, and experts' immunity from liability — Also looks at the historical background to expert testimony, and discusses the future development of the law, with reference to developments in the courts and other tribunals — Written by a leading multidisciplinary contributor team, many of whom were involved in the Working Party on the Code of Guidance for Expert Evidence — Edited by Sir Louis Blom-Cooper QC, a past Chair and Governor of the Expert Witness Institute Expert evidence in the civil justice system remains a controversial area, and one which continues to develop in the context of the changes in civil litigation brought about by the Woolf reforms. In June 2005 the Civil Justice Council's Protocol for the Instruction of Experts was launched to provide guidance to legal professionals and those acting as experts. The recent disciplinary case taken against Sir Roy Meadow by the General Medical Council relating to his expert evidence in a criminal trial — while not directly a civil matter — served to highlight a number of the key problems faced by experts in giving opinion evidence to courts. This new title is a comprehensive guide and reference book for all who are concerned with the quality of expert evidence in the courts. The text focuses on civil practice and looks in detail at the impact of the Civil Procedure Rules on expert evidence. It concentrates on the practical aspects of having experts give evidence, and looks at areas which have caused particular confusion, or on which case law is gradually emerging. Coverage will include the accreditation of experts, the litigant solicitor/expert witness relationship, experts' reports and privilege, court management of expert evidence, the single joint expert, and experts' immunity from liability. The book also includes an illustrative account of one expert's experience in a complex class action relating to a pharmaceutical product. In addition to practical guidance, the book also provides a historical background to expert testimony and discusses the future development of the law, with reference to developments in the courts and other tribunals. Written by a team of leading practitioners, many of whom were members of the Working Party on the Code of Guidance for Expert Evidence, the book is an authoritative first port-of-call for civil litigation practitioners who use experts or come across them regularly in their work, the judiciary, and for experts themselves.

- Includes a contribution from Dworkin himself, in which he restates his position and responds to the preceding essays — Expert contributors, cutting edge in their fields of inquiry — Comprehensive coverage, therefore suitable as a companion volume to Dworkin's main works Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years.

- Complete and up-to-date guide to today's complex export and embargo regulation New to this edition — Contains hundreds of updates in regulations since first edition

- Offers a fresh examination of the fundamental questions at the heart of family law — how should the state govern people's intimate relationships? Should it encourage a model of 'proper' family life in the interests of stability, or allow people to make their own decisions? — Analyses the impact of human rights on the ideas of family law, showing how the traditional power structures that shaped family life have been shaken by the values of the rights of the child, and the rights of minorities to determine their future. — Presents a thorough theoretical groundwork for the understanding of family law in the twenty-first century, based on respect for personal intimacy How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behaviour within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the interrelationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the centre of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.

- Offers comprehensive coverage of major media law topics, including privacy, contempt, copyright, official secrecy and freedom of information, content regulation of broadcasters, and political defamation — Takes a comparative approach to consider the impact of the Human Rights Act on these areas, written by leading experts on the Act — Includes detailed discussion of recent key cases and legislative developments to early 2006 Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media. Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN ; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance ; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act. The authors — both leading academics in the field — have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era. The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.

- The only book of its kind to provide a comprehensive treatment of financial markets and regulation in Hong Kong. — Covers key features of the recent Securities and Futures Ordinance in a practical and applied context — Helpful explanations provide the necessary context to understand how Hong Kong's financial markets and regulation differ from those in other major financial centres — Offers in-depth analysis from a team of respected professionals in this area Financial Markets in Hong Kong: Law and Practice is an essential text for anyone working in the financial markets in Hong Kong. The book, written by a team of market professionals and academics associated with the Asian Institute of International Financial Law of the University of Hong Kong, provides a comprehensive review of the regulation of Hong Kong's financial markets As Hong Kong is one of Asia's leading financial centres and the key international financial centre servicing China, the topic is essential to those working in these markets. Owing in part to its complex history, the financial market in Hong Kong is addressed by a wide range of laws and regulations, with a variety of idiosyncracies. The book covers the following topics: the financial regulatory system in Hong Kong; regulation of financial institutions and financial products (including listing and derivatives); regulation of corporate and market conduct (including corporate governance, mergers and acquisitions and market misconduct); and the role of Hong Kong in Chinese and international financial markets. This is the only book to comprehensively explain the current regulatory framework of Hong Kong, from first principles to looking at transactions in context of the developing China nexus. The book covers a wide range of laws and regulations affecting practice in these areas, including in particular: Companies Ordinance; Banking Ordinance; Securities and Futures Ordinance and related subsidiary legislation; Exchange Listing Rules; Takeovers Code, Insurance Ordinance; as well as various other Ordinances and applicable common law and market practices.

- Draws upon the author's own experience in litigation to provide real practical advice — Thematic approach provides a readable and easy to navigate book. — Explains the relevant processes and highlights emerging principles from current case law. — Contains extensive cross-referencing to secondary legislation and summaries of the rules contained within the FSA Handbook and relevant statutory instruments — Includes up-to-date case law (such as a discussion of the Legal & General litigation) as well as recent changes in the FSA's procedures Appendix containing the principal statutory provisions discussed in the bookprovides the reader with a self-contained manual on the topics addressed within it Financial Services: Authorisation, Supervision and Enforcement provides litigators and compliance advisers with an understanding of the powers available to the Financial Services Authority in the context of the regulatory regime established under the Financial Services and Markets Act 2000. It also clearly sets out the processes for authorisation and examines the meaning of 'regulated activity'. The text comprehensively explains the investigatory powers, sanctions and remedies available to the FSA, and the procedures applicable to their exercise, giving invaluable assistance to those advising and representing firms in proceedings involving the FSA. All such proceedings are considered, whether they take the form of an FSA investigation, disciplinary proceedings involving the Regulatory Decisions Committee or the Financial Services and Markets Act Tribunal, civil proceedings in the High Court, or a criminal prosecution. Russen not only makes extensive reference to the detailed provisions of the FSA Handbook, but also addresses, where appropriate, particular issues of practice and procedure that are likely to have an impact upon FSA investigations and any civil or criminal proceedings instituted by the FSA. In addition to its detailed treatment of the procedure governing action and litigation by the FSA, the book contains chapters on the authorisation process and on the substantive law (including complex secondary legislation) relating to money laundering, market abuse and financial promotions. Each of these areas is at the heart of the FSA's role as the single regulator of the financial markets in the UK and has been the subject of recent and substantial change both internally and as result of European developments. The powers of the FSA and the procedures relating to enforcement and litigation in this area are examined in the context of the authorisation rules and ways in which authorised entities may commit regulatory offences.

- Comprehensive treatment of all the basic fields of private law: property, tort, contract and unjust enrichment allowing these fields to be seen as parts of a unified subject — Shows how the history of the common law and civil law are related and how modern law depends on developments in the past — Brings insights from a background in philosophy to the analysis Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

- Fully revised and updated, including coverage of the nascent EU Constitution — Systematic analysis of case law in areas not covered by other books e.g. on the principle of non-discrimination, the scope of application of human rights jurisdiction of the ECJ, and the rules governing remedies for protection of Community rights in national courts — Detailed analysis of State and Community liability in damages New to this edition — Analysis of the draft EU Constitution — The EU Charter on Fundamental Rights and the principle on abuse of rights — The principles of primacy, subsidiarity, attribution of competences, and democracy The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EC Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.

In the early twenty-first century, the world has been seized by one of the most intense periods of anti-Americanism in history. Reviled as an imperialist power, an exporter of destructive capitalism, an arrogant crusader against Islam, and a rapacious over-consumer casually destroying the planet, it seems that the United States of America has rarely been less esteemed in the eyes of the world. In such an environment, one can easily overlook the fact that people from other countries have, in fact, been hating America for centuries. Going back to the day of Thomas Jefferson and Ben Franklin, Americans have long been on the defensive. Barry Rubin and Judith Colp Rubin here draw on sources from a wide range of countries to track the entire trajectory of anti-Americanism. Most significantly, they identify how anti-Americanism evolved over time. In the 18th century, the newfound land was considered too wild and barbaric to support human society. No one, the argument went, could actually live there. Animals brought from Europe, one French commentator claimed, shrunk in size and power. Native Americans too were «small and feeble,» lacking «body hair, beard and ardor for his female.» The very land itself was «permeated with moist and poisonous vapors, unable to give proper nourishment except to snakes and insects.» This opinion prevailed through most of the 19th century, with Keats even invoking the lack of nightingales as symptomatic of just how unlovely and unlivable a place this America was. As the young nation came together at the beginning of the twentieth century and could no longer be easily dismissed as a failure, its very success became cause for suspicion. The American model of populist democracy, the rise of mass culture, the spread of industrialization-all confirmed that America was now a viral threat that could destabilize the established order in Europe. After the paroxysm of World War II, the worst fears of anti-Americanists were realized as the United States became one of the two most powerful nations in the world. Then, with the collapse of the Soviet Union, America became the sole superpower it is today, and the object of global suspicion and scorn. With this powerful work, the Rubins trace the paradox that is America, a country that is both the most reviled and most envied land on earth. In the end, they demonstrate, anti-Americanism has often been a visceral response to the very idea-as well as both the ideals and policies--of America itself, its aggressive innovation, its self-confidence, and the challenge it poses to alternative ideologies.

Detailed analysis of the metamorphosis of this complex court system New to this edition This new edition features an extensive historical legal bibliography.

- Exhaustive and detailed history of the doctrinal evolution of water law — Investigates the links between law and economic development with detailed attention to legal concepts and to the history of industrialization Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.

- Includes interdisciplinary analysis and comparative material — The author brings to bear experience and insight from many years as Solicitor General, and former MP for Dudley North — This book complements one of the author's previous books: Law, Government and Public Policy (Melbourne, OUP, 1987) — The book strikes a middle ground between description and analysis making it accessible to a wide audience — The author's values-based approach to civil procedure makes it relevant for readers in the human rights/post-colonialism fields Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.

The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.