Homenaje al profesor armando torrent

Castán Pérez-Gómez, Calzada González, Murillo Villar, Alfonso

...con este libro-homenaje, un significativo número de profesores, principalmente de derecho romano, de ámbito internacional (españa, portugal, argentina, brasil, italia, hungría, holanda, etc.) Buscamos con nuestras aportaciones científicas rendir una respetuosa distinción a la trayectoria profesional del maestro torrent cuya obra es objeto de consulta y cita por cualquier romanista que se precie de ello. Es un libro escrito mayoritariamente por romanistas para romanistas y estudiosos del derecho, deseosos de conocer el derecho romano. Estamos convencidos de que todos los trabajos recogidos en este libro-homenaje, por la variedad y calidad de su contenido, serán especialmente manejados por toda la doctrina romanística internacional... Del prólogo de la obra.

Transitional Justice

Christine Bell

This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.

Dimensions of Dignity:

The Theory and Practice of Modern Constitutional Law

by Jacob Weinrib

In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together.

Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods

Ingeborg Schwenzer – Oxford University Press, 2016 (Fourth Edition)

Now in force in over 80 countries, the Convention on the International Sale of Goods (CISG) is one of the most successful and wide-reaching attempts to unify legal instruments for international commerce.

As global sales transactions increase, the CISG's range of influence in international practice has significantly expanded, potentially governing 80% of world trade.

In addition to the growing case law, the volume of case law reporting and scholarly writing on the Convention and its provisions and problems has increased dramatically. The Convention also continues to influence domestic law.

This is the fourth edition in English of the Commentary on the United Nations (UN) Convention on the International Sale of Goods (CISG). Since the publication of the first edition in 1998, the book has become an invaluable source for the comprehension and discussion of the Convention, frequently cited by legal writers, tribunals, and courts all over the world.

Thoroughly revised to reflect the growth and complexity of case law relating to the Convention, the book also considers new developments in the field of the CISG, particularly the accession of Brazil to the Convention. It addresses interpretations and rulings in domestic law influenced by the CISG that are significant at international level, such as the ruling of the English Court of Appeal in Mid Essex Hospital Services NHS Trust v. Compass Group UK (2013).

It also assesses the relevant publishing on the CISG since 2009. Written by an international team of contributors, this book provides expert analysis, and combines judicial and scholarly views from numerous jurisdictions.

This is the most comprehensive and authoritative commentary on the CISG, and an invaluable resource for scholars and practitioners alike.

Research Handbook on Human Rights and the Environment

Edited by Anna Grear and Louis J. Kotzé

Elgar 2015

Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law. The Handbook provides researchers and students with a fertile source of reflection and engagement with this most important of contemporary legal relationships. Law’s complex role in the mediation of the relationship between humanity and the living order is richly reflected in this timely and authoritative collection.

Damages Claims for the Infringement of EU Competition Law

Ioannis Lianos, Peter Davis, Paolisa Nebbia – Oxford University Press, 2015

Damages Claims for the Infringement of Competition Law addresses the current state of the law in the EU on damages claims for the infringement of EU competition law by combining a theoretical with a practical perspective.

The work first focuses on the relevant EU acquis, examining all aspects of EU law that may be relevant to damages claims (whether brought by a consumer or not) such as those concerning fault, alternative dispute resolution, as well as private international law instruments.

The book then delves into the economic underpinnings of claims for damages, including optimal enforcement theory and damages and the legal standards of liability, the evaluation of damages for cartels, exploitative conduct and exclusionary conduct.

The work also examines collective actions (legal regime and financing aspects), the interaction between damages claims and public enforcement, causation as well as issues relating to multi-jurisdictional enforcement and damages claims.

The book provides a discussion of the emerging field of competion law damages and explores the important questions it raises about the use of the traditional tort law catergories in an area of law that is heavily infused with economic analysis. It combines a corrective justice perspective with an empirical and theoretical analysis of the practice of competiton law damages in various jurisdictions in Europe.

Rather than adopting the traditional economic analysis law of approach, the authors respect the autonomy of the fields of law and economics, while attempting to identify the areas of conflict that may emerge when economic concepts and categories are integrated in the legal system.

Energy Law in Europe. National, EU and International Regulation

Martha Roggenkamp, Catherine Redgwell, Anita Ronne, Inigo del Guayo– Oxford University Press, 2016

Over the last few years, the energy sector in Europe has undergone rapid change. Following the adoption of the EU Third Energy Package and the Climate and Energy Package in 2007, a wide range of EU laws governing the next phase of the EU Internal Energy Market, climate change objectives, and security of supply considerations have entered into force. This new edition builds upon earlier editions of the work to provide an updated overview of important devlopments at

national, international, and European levels, covering the most important principles of international law relevant to the energy sector.The first part of the book provides overviews of international and EU law. This is followed by chapters which look at specific European jurisdictions. A number of key energy-producing jurisdictions are focused on, including France, Poland, and the UK. In addition, a chapter is now included to outline Russian energy law.

Written by a team of specialist academics and practitioners, Energy Law in Europe: National, EU and International Regulation offers in-depth coverage of energy law, trade and regulation for both practitioners and academics specializing in the energy sector.

Economics For Competition Lawyers

Gunnar Niels, Helen Junkins, James Kavanagh

Oxford Up 2016

Why, in the context of a damages claim, are competitive industries more likely to pass on cost increases to consumers than less competitive industries? When can a merger or joint venture result in lower prices, even if there are no cost efficiencies? How can it be rational for a network provider to offer its services below cost in the early stages of network development, regardless of whether there are competing networks?

Economics for Competition Lawyers answers all these questions and explains the underlying economic principles most relevant for competition law. An accessible practitioner textbook, written in the tone of an economic expert's report to a high court judge, the book is aimed specifically at competition lawyers, be they solicitors, barristers, in-house counsel, lawyers at government agencies, judges, or students.

Practitioners of competition law worldwide need at least a basic grasp of economics, and some of the most successful competition lawyers are those with a solid foundation in economics. This is not only because the most basic premise of competition law - "competition is good, monopoly is bad' - comes from economic theory, but also because economics provides many of the standard tools now commonly applied in competition investigations, such as the SSNIP test for market definition. Also, the substantive standards applied to mergers and business practices increasingly take account of economic effects on the market, and this requires reference to economic "theories of harm".

This book therefore explains from first principles the economics that underpin market definition, market power/dominance, mergers, and anti-competitive practices, and shows how this knowledge can be applied in competition cases. For example, it goes beyond the standard explanation of the SSNIP test to cover issues such as when and how to define separate markets because of price discrimination. Likewise, on the matter of market shares, the book goes back to first principles to explain in which circumstances it is more appropriate to measure market shares by capacity than by turnover. It uses plain English and real-world examples, not abstruse theory, to explain the key points. It also offers valuable insight into how to best use economics, or economic experts, in the course of a case.

International Water Law and the Quest for Common Security

Bjørn-Oliver Magsig– Routledge, 2015

The world’s freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective.

This book provides a fresh conceptualisation of water security, developing an operational methodology for identifying the four core elements of water security which must be addressed by international law: availability; access; adaptability; and ambit. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction.

The concept of considering water security as a matter of ‘regional common concern’ is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. The book analyses transboundary water interaction as a ‘case study’ for advancing public international law in order to fulfil its responsibility of promoting international peace and security.

Capacity Mechanism in the EU Energy Market. Law, Policy and Economics

Edited by Leigh Hancher, Adrien De Hauteclocque, Malgorzata Sadowska

Oxford UP 2015

Ensuring an adequate, long-term energy supply is a paramount concern in Europe. EU member states now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidised investments in renewable energy sources.

 These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighbouring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk.

 This book provides readers with an in-depth analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.

Regional Environmental Law. Transregional Comparative Lessons in Pursuit of Sustainable Development

Werner Scholtz, Jonathan Verschuuren– Edward Elgar Publishing, 2015

This perceptive work presents a unique comparative legal analysis, ascertaining how regional environmental law can contribute to the prevailing pursuit of global sustainable development. The book provides an introduction to and analysis of the environmental law adhered to by each regional organisation in an accessible and discerning discussion.

Regional Environmental Law analyses the manner in which four distinct regional organisations - the European Union (EU), Organization of American States (OAS), Association of Southeast Asian Nations (ASEAN) and the African Union (AU) - facilitate cooperation concerning regional environmental law in order to promote sustainable development. The fundamental environmental issues that require regional cooperation are considered: human rights and the environment, climate change and shared watercourses. Leading scholars critically analyse how states may pool sovereignty, pursuant to finding solutions to these salient environmental problems. The book puts forward conclusive thoughts about how to work towards the sustainable development agenda through both specific regional action and collaborative efforts.

Researchers and students interested in international and environmental law will benefit from the comparative analysis of the respective regional organisations and their contribution to the sustainable development commitment. Practitioners and policy makers will find practical insight from the conclusions drawn.

Treaties on transit of energy via pipelines and countermeasures

Danae Azaria

Oxford UP 2015

This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties.

 It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit states responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit states interruptions of transit.

Horizontal Agreements and Cartels in EU Competition Law

Frank Wijckmans, Filip Tuytschaever– Oxford University Press, 2015

Investigating, dissolving, and punishing cartels is increasingly a top priority for the European Commission and for national competition authourities. This work offers the most up-to-date and comprehensive examination of the substantive law and procedure of EU competition law as it applies to cartels as well as to other horizontal agreements. This unique work supplies the views of both private practitioners and public enforcers. The private practitioners discuss their day-to-day experience and share the insights which they believe their fellow-practitioners should be aware of. The public enforcers act in tandem with the private practitioners and add in their contribution the specific points of attention which they recommend practitioners should take into account. The work sets out the ways in which a cartel is defined and organised, how a cartel may be detected and investigated, the issue of liability for cartels (including parental and successor liability), the various sanctions available to investigating authorities, and the prospects for private enforcement and damages actions brought by victims of cartels. It addresses the procedure before the European Commission and the European Courts. Finally, the book deals with information exchanges (including an economic perspective), joint R&D agreements, specialisation agreements and other common types of horizontal agreements like joint purchasing, joint selling and standardisation. Containing practical advice for practitioners, overviews of the various stages of cartel enforcement, procedural checklists, analysis of the most recent legislation including the new EU damages directive, and written by authors with extensive experience in advising the Commission's legal service in relation to competition law, this is the most comprehensive text available on cartels in EU competition law.

Competition Enforcement and Procedure

Renato Nazzini – Oxford University Press, 2016 (Second Edition)

The problem of concurrent proceedings is a highly topical one, as public administrative enforcement in many jurisdictions escalates, with record-breaking fines.

This book was the first to examine and explain the procedural complexities of concurrent proceedings in competition law, focusing on parallel or sequential administrative, criminal, and civil proceedings.

The book begins with an analysis of the legal framework, including concurrent enforcement of competition law, administrative and judicial proceedings, as well as an overview of the relevant legal principles. The second part discusses the interplay between administrative, civil, and criminal proceedings, including stays, the effect of administrative decisions, disclosure and admissibility of evidence, and the criminalisation of cartels.

The third part deals with international commercial arbitration, covering arbitration of competition law disputes in the European Community and the US, and arbitration and concurrent proceedings. The fourth part evaluates the tactical implications of concurrent proceedings, and leniency and concurrency.

Fully revised and updated with developments in jurisprudence across the US, UK, and EU, this is the most comprehensive and authoritative practitioner guide to this fast-moving and complex area of law.

Commentary on the unidroit principles of international commercial contracts

Stefan Vogenauer

Oxford UP, 2015 (second edition)

This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing.

 This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition.

 This book is an essential reference source for lawyers wishing to understand the rules governing international contracts and how to apply the principles in practice. It is an indispensable tool for all lawyers and scholars working with international commercial contracts.

International Water Law

Laurence Boisson de Chazournes, Mara Tignino – Edward Elgar Publishing, 2015 (2 volume set)

This collection brings together writings from leading water law experts around the world to assess the law applicable to the uses, management and protection of water resources. Exploring the diverse aspects of this, from human rights to international economic law and peace and security, International Water Law comprehensively covers the multi-level facets of water resource management and protection in its wider scope.

A must for all international water law academics, researchers and practitioners, this title includes all the seminal articles in the area and an original introduction by the editors to provide an invaluable and essential research tool.

Competition Law

Richard Whish, David Bailey - Oxford University Press, 2015 (Eighth Edition)

Clear, authoritative, and comprehensive; the definitive resource on competition law for students and practitioners, written by the leading academics in the field. The eighth edition addresses key developments, including the Enterprise and Regulatory Reform Act 2013, with an increased emphasis on intellectual property.

• Written by leading academics in the field, offering a wealth of experience to make this the definitive textbook on competition law
• Comprehensive coverage of competition law providing a complete and thorough guide to the subject
• A critical and contextual approach, addressing the wider economic and practical realities of competition law
• An easy-to-follow writing style, bringing competition law to life for students of all levels

New to this edition

• Fully updated to include the changes to UK law introduced by the Enterprise and Regulatory Reform Act 2013, including the creation of the Competition and Markets Authority
• Considers the new Directive on Antitrust Damages Actions and other measures designed to facilitate private enforcement of competition law
• Covers the new block exemption for technology transfer agreements and accompanying guidelines
• Incorporates extensive new case-law and decisional practice at EU and UK level

Distribution of Responsibilities in International Law

André Nollkaemper, Dov Jacobs – Cambridge University Press, 2015

This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law.

The European Convention on Human Rights: A Commentary

William A. Schabas  - Oxford Commentaries on International Law, 2015

The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgmnts. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law.

Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision.

Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

A Twenty-First Century U.S. Water Policy

Juliet Christian-Smith, Peter H. Gleick, Heather Cooley, Lucy Allen, Amy Vanderwarker, Kate A. Berry – Oxford university Press, 2012

It is zero hour for a new US water policy! At a time when many countries are adopting new national approaches to water management, the United States still has no cohesive federal policy, and water-related authorities are dispersed across more than 30 agencies. Here, at last, is a vision for what we as a nation need to do to manage our most vital resource. In this book, leading thinkers at world-class water research institution the Pacific Institute present clear and readable analysis and recommendations for a new federal water policy to confront our national and global challenges at a critical time.

What exactly is at stake? In the 21st century, pressures on water resources in the United States are growing and conflicts among water users are worsening. Communities continue to struggle to meet water quality standards and to ensure that safe drinking water is available for all. And new challenges are arising as climate change and extreme events worsen, new water quality threats materialize, and financial constraints grow. Yet the United States has not stepped up with adequate leadership to address these problems.

The inability of national policymakers to safeguard our water makes the United States increasingly vulnerable to serious disruptions of something most of us take for granted: affordable, reliable, and safe water. This book provides an independent assessment of water issues and water management in the United States, addressing emerging and persistent water challenges from the perspectives of science, public policy, environmental justice, economics, and law. With fascinating case studies and first-person accounts of what helps and hinders good water management, this is a clear-eyed look at what we need for a 21st century U.S. water policy.

Petroleum Contracts. English Law and Practices

Peter Roberts

Oxford University Press, 2016 (Second Edition)

In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this work analyses the application of English law to contracts for project investment, financing, and development. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector.

This book covers the essential operational detail practitioners and parties need, as well as advising on the implications of English law on the interpretation of relevant provisions.

This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analyzed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector.

Studies in the Contract Laws of Asia: Remedies for Breach of Contract

Mindy Chen-Wishart, Alexander Loke, Burton Ong – Oxford University Press, 2016

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. 

Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

L'eau et la guerre : Eléments pour un régime juridique

Mara Tignino - Bruylant 2011

La menace de pénurie d’eau, les aléas des changements climatiques, la nécessité d’une meilleure protection de l’environnement font de l’eau une ressource précieuse et convoitée. Les enjeux économiques et sociaux autour de cette ressource vitale mais vulnérable s’affirment en même temps qu’émerge un droit humain à l’eau.

Le droit international a progressivement créé un régime particulier de règles applicables à cette ressource en temps de conflit armé. En résultent plusieurs principes, règles et régimes spécifiques applicables pendant un conflit armé. Le présent ouvrage se propose de recomposer le puzzle des principes et règles applicables à l’eau par des regards croisés sur un objet complexe du droit international.

Par une lecture globale et systémique des normes applicables de droit international, l’étude dresse une synthèse des règles applicables en temps de conflit armé, mais également lors des phases précédant un conflit et durant les phases post-conflictuelles. L’angle d’approche est l’analyse des articulations entre les divers corpus de normes applicables.

En soulignant les liens étroits entre le droit international humanitaire, le droit international relatif aux droits humains et le droit international des cours d’eau internationaux, l’ouvrage plaide pour une lecture harmonieuse des normes qui régissent la protection de l’eau en temps de conflit armé.

The Making of Competition Policy. Legal and Economic Sources

Edited by Daniel A. Crane and Herbert Hovenkamp
Oxford University Press, 2015

This book provides edited selections of primary source material in the intellectual history of competition policy from Adam Smith to the present day. Chapters include classical theories of competition, the U.S. founding era, classicism and neoclassicism, progressivism, the New Deal, structuralism, the Chicago School, and post-Chicago theories. Although the focus is largely on Anglo-American sources, there is also a chapter on European Ordoliberalism, an influential school of thought in post-War Europe. Each chapter begins with a brief essay by one of the editors pulling together the important themes from the period under consideration.

Agency Law in Commercial Practice

Edited by Danny Busch, Laura McGregor and Peter Watts

Oxford University Press 2016

This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.

 

The Extraterritorial Application of the Human Right to Water in Africa

Takele Soboka Bulto, Cambridge University Press 2014

International human rights law has only recently concerned itself with water. Instead, international water law has regulated the use of shared rivers, and only states qua states could claim rights and bear duties towards each other. International human rights law has focused on its principal mission of taming the powers of a state acting territorially. Takele Soboka Bulto challenges the established analytic boundaries of international water law and international human rights law. By demonstrating the potential complementarity between the two legal regimes and the ensuing utility of regime coordination for the establishment of the human right to water and its extraterritorial application, he also shows that human rights law and the international law of watercourses can apply in tandem with the purpose of protecting non-national non-residents in Africa and beyond.

Eu Waste Law

Geert Van Calster, Oxford University Press 2015 (Second Edition)

Practitioners of European Union environmental law are faced with a substantial and growing body of legislation and case law in the areas of waste and waste management. It is regularly the subject of preliminary rulings by the European Court of Justice and has led to a number of infringement procedures by the European Commission. Now in its second edition, this work provides a comprehensive overview of the Regulations, Directives and the EU's approach to waste. Written by a practitioner with over 20 years of experience in the field, this is an authoritative guide to how environmental law is applied in practice.
 

Cyber Operations and the Use of Force in International Law

 

Marco Roscini – Oxford University Press, 2014

 

The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments. The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.