Oxford University Press

- The most comprehensive attempt so far to apply human rights obligations to non-state entities Puts forward innovative new arguments for the legal accountability of non-state actors — Tackles the latest legal controversies concerning the behaviour of multinationals and their involvement in human rights violations in countries such as Myanmar and Nigeria — Includes the criminalization of terrorism and war crimes committed by rebel groups 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 Organisation, 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.

- Innovative first major study of the protection of business enterprise under the European Convention on Human Rights — Offers pathbreaking insights into the fundamental principles underpinning European human rights protection — Provides a tangent to the US constitutional debate on corporate human rights protection This book studies the response of the European Court of Human Rights, the international court that supervises governmental compliance with the European Convention on Human Rights (ECHR), to complaints submitted to it by companies and their shareholders. The protection of business vis-à-vis governmental regulation is hardly the main concern of international human rights law, yet it is not disputed that companies, and their owners, in principle enjoy protection under the ECHR. Such complaints are not unproblematic for the Court in Strasbourg, however. This book analyses the Court's reasoning in three groups of cases in which they have presented difficult issues of treaty interpretation. As the case law is streamlined in a minimalist fashion which obscures the Court's rationale, the book construes the structural framework within which the Court operates and explains how the relevant case law is largely coherent when considered against the general structure of ECHR protection. This book is the first major study of the protection of business enterprise under the European Convention on Human Rights and thus an invaluable guide to understanding how the Court in Strasbourg responds to corporate complaints. More importantly, by focusing on a field of European human rights law that is regarded by many as marginal and even objectionable, the book reveals the fundamental structures of European human rights protection, where the protection of economic activity and corporate life is regarded as inseparable from core values of the ECHR such as an effective political democracy and the rule of law.

- Addresses one of the most controversial debates in International Relations during the past 15 years — International team of contributors, from a range of disciplines such as Law, Philosophy, and IR — Contributions from both academics and practitioners, providing a balance between IR theory and practice Should states use military force for humanitarian purposes? What are the challenges to international society posed by humanitarian intervention in a post-September 11th world? This path-breaking work brings together well-known scholars of law, philosophy, and international relations, together with practitioners who have been actively engaged in intervention during the past decade. Together, this team provides practical and theoretical answers to one of the most burning issues of our day. Case studies include Somalia, Rwanda, the Balkans, and East Timor, as well as the recent US intervention in Afghanistan. The book demonstrates why humanitarian intervention continues to be a controversial issue not only for the United Nations but also for Western states and humanitarian organizations.

- Explores the relationship between constitutional and regulatory questions on one hand, and private law on the other hand — Analyses the influence of regional legal traditions on the development of European private law — Argues for the preservation of national legal identities in the context of European legal and political integration, striking a difficult balance between harmonisation and differentiation. This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subnational actors together with EU Institutions. It underlines the different roles of legislators, regulators and judges in building an integrated market which is consistent with fundamental rights and social policies. It also highlights the principles and institutions that may preserve national legal identities in the context of European legal and political integration, striking a difficult balance between harmonization and differentiation. Within this framework the volume questions the current boundaries of European private laws and proposes a coordinated perspective which examines competition, regulation and private law alike. The book focuses in particular on competition and consumer law, and on tort and regulation. Attention is also drawn to the strategic role to be played by private international law. It is argued that the distinction between private and public law should be redefined by acknowledging a new balance between public institutions and private parties. The collection contains several proposals for furthering the process of Europeanization of private law without losing the richness of existing western legal traditions as they have developed in previous centuries. It calls on European and national institutions to involve practitioners in devising new patterns of legal integration and in transforming European legal education. This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.

Expert commentary and pertinent primary source material make this a useful resource for information on protecting IP rights using the trade laws of the US.

Timely coverage of a rapidly changing landscape for arbitration

- Detailed expert analysis of the provisions of the major international conventions on copyright and related rights — In-depth examination of the adaptation of international copyright to the digital environment — The first exhaustive treatment of the private international law issues affecting the exploitation of these rights This magisterial commentary deals both with the history and with the modern application of the major international agreements affecting copyright and related rights. In particular, it analyses the interpretation and application of the following conventions: the Berne Convention for the Protection of Literary and Artistic Works 1886-1970, the Rome Convention for the Protection of Performers, Phonogram Producers and Broadcasting Organisations 1961, the WIPO Copyright and Performances and Phonograms Treaties 1996 and the TRIPS Agreement (so far as it affects copyright and related rights). The organization of the text separates historical review from doctrinal analysis of the current application of the Berne Convention's provisions. The latter exposes gaps and ambiguities in the current text and, in a third section to each of the central chapters, considers the extent to which subsequent international instruments have resolved those questions. Issues concerning new technologies and digital networks thus receive in-depth treatment. The authors analyse questions of subject matter coverage, copyright ownership, duration, nature and scope of rights, and exceptions and limitations to copyrights protection. Extensive analysis of private international law matters also figures prominently in this edition, with a new chapter devoted to problems of international jurisdiction and choice of law. The book contains a helpful compilation of relevant treaties and related materials, while a companion website to the book will supplement these with a collection of the travaux preparatoires of the Berne Convention itself. This work is the significantly expanded and updated second edition of Sam Ricketson's seminal work The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986 first published in 1987.

- The only analysis of the substantive law of international crimes of the ad hoc tribunals — Provides insight into the making of international criminal law — Reveals the workings of the tribunals The contribution of the ad hoc Tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), and to provoke discussion for many years to Come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. International Crimes and the Ad Hoc Tribunals examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. It states the law of the Tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).

- Thoroughly revised and expanded edition with brand new material taking into account the recent developments in international law, including the legal issues that have arisen since the «War on Terror» — Expert team of contributors involved in the teaching and practice of public international law Wide-ranging analysis of key issues and themes making it ideal for use as a stand-alone teaching text — The entire volume has been carefully edited by Malcolm Evans to ensure a consistent approach throughout New to this edition — New chapter on 'Soft Law' by Alan Boyle and new 'Perspective from Practice' by Tim Daniel — New table on relevant documents for international organizations, HR bodies and WTO documents — New Online Resource Centre offers twice annual updates to the cases and legislation discussed in the text The second edition of International Law reflects the breadth and diversity of contemporary public international law. It draws on the knowledge and expertise of a broad range of contributors actively involved in the current teaching and practice of the discipline. These authoritative and stimulating contributions present the essential elements of the international legal system in a clear and accessible fashion and address key questions that challenge many of the assumptions upon which that system is founded. Now revised and updated to include coverage of developments in the subject since publication of the first edition in 2003, International Law is an invaluable resource for students of all levels following courses in international law, politics, or international relations as part of their degree programme, whilst also providing a key source of reference for practitioners and academics alike.

- A succinct overview for those coming new to the subject, providing students with a full working knowledge of the contours and key elements of tort law — A thought provoking text that incorporates critical debate, thereby encouraging students to think carefully about the issues raised — An insightful and lively introduction written by a highly respected and leading author in the field — Renowned for his engaging writing style, Weir discusses the complexities of tort law in an exceptionally elegant and lucid style New to this edition — Updated throughout to incorporate new case law including Douglas v. Hello! and Steel v. Morris. The second edition of An Introduction to Tort Law offers a clear exposition to the rapidly developing law of tort in Britain. For those coming to the subject for the first time it provides a succinct and thoughtful overview; ideal as an introduction, it will also be of use and interest to those engaged in the course or completing it, for it pulls themes together, illustrates important distinctions and provokes reflection on what has already been learnt. Many of the areas subjected to analysis and discussion are highly topical, such as the invasion of the privacy of celebrities, and liability for medical mishaps and industrial diseases. On these and many other subjects of relevance in modern society, Weir's comments act as a springboard for further study and reflection, as well as presenting an authoritative overview, enlivened by a fascinating and critical commentary, of the present situation and how we reached it. The second edition naturally includes recent developments in tort law, the most significant of which is doubtless the incorporation into English law of the European Convention on Human Rights. This has not only affected the outcome in a number of cases, but also brought about changes in our vocabulary, interpretation of enactments, and treatment of precedent, which are rather less easily documented.

- Analyses the topical issue of investor protection in Europe from the perspectives of both capital markets and company law — Offers a broad and coherent examination of the effects of regulatory competition versus harmonization EU policy in the area of corporate governance and capital markets is being reoriented. Harmonization is less frequently seen as a concept in company law; regulatory competition is on the rise; and experiments in soft law are being carried out. Several Member States have recently reformed their corporate laws, wither as a reaction to financial scandals or in an effort to enhance investment. Convergence has increased as a result, particularly towards Anglo-American standards. Yet differences still exist, profoundly rooted in national systems of corporate governance. By contrast, capital markets law would seem to be an exception, having undergone intense harmonization in the last few years through the Lamfalussy regulatory architecture. Nonetheless, a European system of securities regulation is not yet in place. Regulation is predominantly domestic, while private laws affecting capital markets are still divergent. This volume examines the ongoing debate from an interdisciplinary perspective. Part 1 explores the political determinants of corporate governance and evaluates likely convergence and the role of regulatory competition. Part 2 considers the Markets in Financial Instruments Directive (MIFID) and its central role in harmonizing EU securities trading. Part 3 analyzes the MiFID more deeply and explores other measures including the Prospectus and Transparency Directives. Part 4 offers future perspectives on the post-FSAP era.

A unique guide to the reality of litigation in Japan

A fascinating alternative picture of Venetian justice. The rulers of Venice prided themselves on their unique brand of justice, which was a source of both ridicule and admiration for foreign commentators. Dr Shaw uncovers what this special justice meant for ordinary subjects by studying the history of one of the oldest magistracies of the city, a body responsible for handling petty market crime and small claims litigation. This volume examines how changing ideas about justice at the level of the political elite were related to judicial and policing practices in the courtroom and on the street. It shows how failure to invest in the state bureaucracy allowed corruption to flourish and effectively delegated power to private interest groups such as the guilds. At the same time, the volume reveals that the bottom level of civil justice was fast, cheap and accessible. Everyone had the chance to be heard, and the poor and disadvantaged could hope for justice along with the rich and powerful. This volume will be essential reading for historians of Venice and specialists in the history of early modern cities, and also of wider interest to scholars interested in the connections between economic, legal and social structures.

In his engaging narrative history of the rise and workings of America's first juvenile court, David S. Tanenhaus explores the fundamental and enduring question of how the law should treat the young. Sifting through almost 3,000 previously unexamined Chicago case files from the early twentieth century, Tanenhaus reveals how children's advocates slowly built up a separate system for juveniles, all the while fighting political and legal battles to legitimate this controversial institution. Harkening back to a more hopeful and nuanced age, Juvenile Justice in the Making provides a valuable historical framework for thinking about youth policy.

- Provides an introduction to land law and a discussion of the subject's key issues — Designed to be accessible both to students and to the general reader — Encourages the reader to reflect on, and appreciate, the foundations of the subject and how land law continues to evolve — Addresses issues of principle and policy Providing an introduction to land law, this book looks at the way in which the law regulates our relationship with the land on which we walk, work, and live. Land law is about the connections between people and land, and also the relationships between people, jostling for space and allocating resources. As people change, so do the ways they use and think about land, and land law today looks very different from how it did fifty years ago, and in another generation's time it will have changed again. Elizabeth Cooke introduces the building blocks of land law, namely property rights in land, and explains how they have evolved by a mixture of design and accident. These include ownership rights, non-ownership rights, both legal and equitable, and analysis of how these different rights can apply to a single piece of land, and how they are managed and enforced. Throughout the book, the role of registration is central, following the Land Registration Act 2002, and the implications of this Act for English land law are fully explored.

- Considers the societal and political implications of our new found knowledge from the neurosciences — Applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries — Written and edited by leading specialists spanning neurobiology and the law The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities — many historically the province of those in the humanities and social sciences — aesthetics, emotion, consciousness, music. Applying this new knowledge to law seems a natural development — the making, considering, and enforcing of law of course rests on mental processes. However, where some of those activities can be studied with a certain amount of academic detachment, what we discover about the brain has considerable implications for how we consider and judge those who follow or indeed flout the law — with inevitable social and political consequences. There are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind — the motives for our actions, our decision making processes, and such issues as free will and responsibility. This volume represents a first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. It applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries. Written and edited by leading specialists from a range of disciplines, the book presents a groundbreaking and challenging new look at human behaviour.

- The latest volume in the established Current Legal Issues series, which brings together leading scholars from around the world to explore the interactions between legal thought and other disciplines — A wide range of articles offers a broad overview of how psychology can, and should, be used in legal theory and practice Current Legal Issues , like its sister volume Current Legal Problems , is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Psychology , the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory.

- Explores the diverse ways that law and sociology interconnect and interact — The Current Legal Issues series explores the interactions of law across disciplinary boundaries Law and Sociology contains a broad range of essays by scholars interested in the interactions between law and sociology. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. The volume includes amongst other topics, a sociology of jurisprudence, an examination of the social dynamics of regulatory interactions, and a consideration of the place of legal culture in the sociology of law.

- Provides a succinct analysis of the main issues that arise in the relationship between law and society, thereby encouraging students to fully consider the role, and influence, of the legal system — Explores how the law effects modern society with reference, and critical analysis of, the works of key legal and social theorists — An authoritative and original introduction to the study of law and society, written by a highly respected and leading academic in the field Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law , has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.

- Provides a succinct analysis of the main issues that arise in the relationship between law and society, thereby encouraging students to fully consider the role, and influence, of the legal system — Explores how the law effects modern society with reference, and critical analysis of, the works of key legal and social theorists — An authoritative and original introduction to the study of law and society, written by a highly respected and leading academic in the field

- The definitive guide to auctions law: relied upon by lawyers and non-lawyers alike, including auctioneers, art dealers, and museum administrators — An established text (the first edition was published 20 years ago) offering the reader practical analysis and reliable commentary — Includes new coverage on the use and abuse of the internet for auctions — Greater coverage of foreign jurisdictions — Updated to include developments in consumer protection New to this edition — A chapter on online auctions This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions.

- Maintains the usefulness of the main work by bringing it fully up to date — This cumulative supplement to The Law of Freedom of Information covers all key developments in the subject up to June 2005. It is an essential purchase for all who already own the main work, and maintains its currency. The supplement updates the main work paragraph by paragraph, following the same structure as the main work. It includes full analysis of the guidance issued by the Department for Constitutional Affairs in October 2004 and the current awareness guidance and policy development documents issued by the Information Commissioner. The authors also examine the first decisions of the Commissioner and the decisions of the Ombudsman including her ruling on the disclosure of the advice given by the Attorney General on the legality of the war with Iraq. In addition, the supplement covers recent decisions from the USA, Canada, New Zealand, Australia and Ireland, as well as UK decisions on data protection and confidentiality. The comprehensive, analytical approach of the main work provides the complete reference volume for practitioners advising on the relevant legislation: those working within or advising the myriad public bodies upon which the Freedom of Information Act 2000 imposes new duties regarding the disclosure and handling of information; those advising clients with a personal, professional or commercial interest in obtaining information from those newly obliged to provide it; and those in the business community for whom the Act raises important concerns about the potential accessibility of commercially sensitive information

- Provides extensive treatment of the complex legal framework in which universities work, and the remedies which may be sought in the event of disputes — Written in a clear and logical style divided into six parts, each dealing with a major area of the higher education system — Includes discussion on higher education law within its international context — The text is linked to the updating service on the Oxford Centre for Higher Education Policy Studies (OxCHEPS) website directed by David Palfreyman so that users can keep up to date with developments Universities and colleges in the UK have to deal with many legal issues. Some are specific to the sector, such as; constitution and organisation; rights of members; relationships with students and academic staff; research contracts; information services; and student unions. Others are of a more general character, such as; employment; estates; and risk management. Whilst technically universities are private self-governing corporations, they in fact operate within a statutory public funding and regulatory regime, in addition to having all the legal responsibilities of major employers and landowners. A number have a student and staff population larger than that of small towns, manage significant public and private funds and are increasingly commercial in their outlook as they compete for the best students and staff, research grants and contracts, both in the UK and internationally. Colleges, while generally smaller, have a range of responsibilities very similar to those of universities. This comprehensive and practical guide to the UK law of higher education provides extensive treatment of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes. Although focussing on UK laws, it will include material on the international context, particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education. The text is linked to the updating service on the OxCHEPS website so that users can keep up to date with developments. The book will be extremely useful for solicitors and barristers trying to keep up to date with this complex area of law, together with higher education administrators and employees.

Current trend shows increasing insolvencies & restructurings; This book covers the new law that has developed as a result.