Hart Publishing – serie

This authoritative textbook offers a thorough, theoretical and practical overview of the current EU legal framework applicable to capital markets. It is intended to enable a critical analysis of the overall regulatory principles as well as the interaction between market actors and EU law which has shaped the regulatory agenda both at national and EU level. The book gives an overview of the foundations of EU capital markets and touches upon issuer disclosure obligations, inappropriate market practices and gatekeepers. EU law is the main focus, complemented by comparative analysis where applicable, primarily relating to UK, French and German laws. Ideal for upper-level undergraduate or graduate law students taking a module in Capital Markets Law, Securities Regulation, Corporate Finance Law or EU Company Law. Also useful for accounting, business or economics MSc students who need to broaden their understanding of the legal aspects of capital markets, and for academics and policy makers.

Deakin and Morris’ Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market.The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action.The seventh edition of Deakin and Morris’ Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.This title is included in Bloomsbury Professional's Employment Law online service.

This is the last volume of the four-volume series Asian Comparative Constitutional Law which aims to provide an authoritative account of four major issues in comparative constitutional law across Asian jurisdictions. The present volume focuses on constitutional rights – or basic rights enshrined in constitutions in nineteen Asian jurisdictions. The volume explores four sets of questions:The first set of questions concerns how constitutional rights originated in Asia and spread across the continent. Where do constitutional rights come from? How do constitutional rights reflect global human rights norms? And how do constitutional rights reflect local values and conditions? The second set of questions focuses on the formal legal architecture of rights. How fundamental rights are provided for in Asian constitutions and what are the legal features of these rights?The third set of questions pertains to the functions of constitutional rights in Asian constitutions. What roles these rights play in society and how are they used to address socioeconomic issues such as inequality?Finally, the volume asks questions about legal doctrine. How are constitutional rights interpreted? Who interprets them? And what are the doctrines (e.g. proportionality) used to interpret constitutional rights? Nineteen Asian jurisdictions are covered in this volume; these range from those in East Asia (Japan, South Korea, North Korea, Mongolia, the People’s Republic of China, Taiwan, and Hong Kong), Southeast Asia (Malaysia, Singapore, Myanmar, the Philippines, Indonesia, Thailand, and Laos), and South Asia (India, Pakistan, the Maldives, Bangladesh, and Sri Lanka).

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union’s law-making, as well as its practical application.

This book provides the first in-depth scholarly analysis of fraud, the highest volume crime in England and Wales, addressing the challenges faced in building a principled criminal law response by presenting an innovative normative analysis. The UK is now in a pandemic of fraud. There were 4.6 million fraud offences recorded in the year ending March 2021, accounting for 42% of all crime committed against individuals. Fraud is now the highest volume crime in England and Wales; its incidence in the first half of 2021 was described by UK Finance as a ‘national security threat’.The book provides the answers to key questions, such as: - How can the rapidly changing nature of fraud be understood and mapped by criminal lawyers? - How does fraud connect to economic crime more broadly? - Is the current landscape for criminalising fraud fit for purpose, in the light of changes to the nature and complexity of wrongdoing? - What are the principled limits to using Artificial Intelligence technologies to detect and to penalise fraud? - Which principles should inform fraud criminalisation and governance following the COVID-19 pandemic, to meet the challenges of a digital age and a stretched criminal justice system?

This book provides an insightful, thought-provoking study of one of the world’s most important courts. The European Court of Justice has had a transformative effect on EU Law but this has not been without controversy.This book explores criticisms levelled against the Court, examining whether concerns over judicial activism, unconventional interpretative methods, conflicts with national courts, and over-reach are justified. Drawing on the expertise of leading commentators, it offers various perspectives from across the spectrum of EU Law. The contributions included in the volume go beyond a legal analysis seeking to provide an understanding of the political and social context in which the Court operates and the wider impact of its judgments.

This open access book hinges on 3 broad but interlinked elements: sustainable development as a concept, sustainable development in the Global South, and implementation challenges.The advent of the Sustainable Development Goals and the 2030 Agenda have contributed to the deepening of the concept of sustainable development within global and national policy schemes. The fact that sustainable development is crucial for our very survival is no longer a contested issue; rather, the key concern now is how this can be achieved equitably by reconciling competing priorities and concerns of the Global South and the Global North. While the Global South countries are eager to adopt and integrate the 2030 Agenda in their respective policy frameworks, local contexts are often at odds with the global model of sustainable development.The book examines national capacities and institutional arrangements in countries in the Global South. It considers the challenges of integrating sustainable development in national policy frameworks. This includes the role, interactions, and inter-dependence of different branches of international law in, inter alia, protecting human rights, promoting access to justice, ensuring environmental justice, guaranteeing social protection, and safeguarding the rule of law for sustainable societies. This book explores the emerging patterns and processes of development projects that have either succeeded or failed, critical reflections on what has been achieved and whose interests the projects served, and the costs and benefits of particular interventions.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This book examines the international standards relating to information exchange, identifying its importance in relation to combatting money laundering, terrorist financing and fraud.Its timely publication follows the Financial Action Task Force (FATF) rating the UK’s anti-money laundering and counterterrorism financing regimes as amongst the best in the world in its fourth Mutual Evaluation Report.The book features an alternative review via three case studies - money laundering, terrorism financing and general fraud. These illustrate the importance of information exchange and highlight flaws in the UK’s legal framework, challenging the conclusions of the FATF. Considering this comprehensive analysis, the book then provides recommendations for reform.

Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields.In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, he has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy.The contributions to this volume in his honour mirror both the breadth and the depth of Ibbetson’s scholarship. The book combines chapters from leading legal historians, close colleagues and over a dozen of Ibbetson’s students. Some chapters build upon or respond to Ibbetson’s ideas, others his areas of interest. The contributions are introduced by Ibbetson’s valedictory lecture on the importance of legal history to modern practice and scholarship, and the work yet to be done.

This classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores.Opening with foundational questions, the book clearly explains the subject’s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters.Drawing on the author’s rich experience, the new edition retains the book’s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

This open access book explores the High Court’s powers under its inherent jurisdiction and wardship in relation to children and incapacitous and vulnerable adults.The book introduces the inherent jurisdiction and investigates its place in the modern law. Part 1 provides a comprehensive history of the inherent jurisdiction, before giving a detailed account of the core principles and procedure applicable today, and comparing the approaches taken in Scotland, Ireland, Canada, Australia and New Zealand. Part 2 considers the court’s use of its inherent jurisdiction in specific categories of case, including child abduction, medical decision-making about children, child protection, incapacitous and vulnerable adults.Despite its ancient roots, the inherent jurisdiction is relied on by High Court judges on a daily basis, in both everyday and cutting-edge cases. This book argues that the court’s approach to some of these cases is justified, but that judges often make unnecessary and inappropriate use of the inherent jurisdiction. Through its critical examination of the modern use of wardship and the inherent jurisdiction, the book is essential reading for practitioners and researchers working in this field.The ebook editions of this book are available open access under a CC BY-NC 4.0 licence on bloomsburycollections.com.

This collection explores the boundaries of trusts law in the Asia-Pacific region.It is uncontroversial to state that the region’s jurisdictions are diverse, reflecting a mix of histories, economies, politics and legal systems. The essays in this collection illustrate how this diversity is reflected in trusts law. But this thematic and systematic exploration from a region-wide perspective also identifies patterns of commonality in those factors which limit the operation of trusts law, particularly as jurisdictions encounter domestic and international challenges. By charting both convergence and divergence, this study is pivotal in shaping and guiding the future development of trusts law in the region.

This book reassesses AV Dicey’s legacy in political and legal thought through the reflections of leading scholars who consider his importance not only in today’s British constitutional and legal culture but also in other foreign constitutional cultures.Every student in law and in politics, every law faculty and most legal practitioners in the world are aware of who Albert Venn Dicey (1835–1922) was and what he wrote. Yet, this fame does not mean that Dicey’s legacy is not controversial and debated in the present world. This book considers why Dicey’s late Victorian constitutional and political thinking is still alive. In spite of all the transformations that have taken place in public law in the UK in the last hundred years, the book argues that Dicey managed to grasp and to crystallise something of the British political identity and culture. Hence the long-lasting fire-power of his constitutional and political thinking. The book also considers that there is something even more prescient in Dicey’s writings, for the UK but also for countries that have adopted his understanding of the rule of law and/or of parliamentary government. Dicey identified one of the most fundamental political issues at stake: the nature of the relationship between public law and democracy. The book looks closely at the alliance between public law and democratic spirit. This alliance needs to be reassessed from a legal, historical and comparative perspective. This edited collection, gathering authors from different countries, from various legal systems and from diverse backgrounds, tackles this task.

This book proposes a new solution to the problem of the migration crisis engulfing the world by creating safe harbours, or Free Global Cities.In the face of the largest displacement crisis on record even the most optimistic view of the future suggests that in the years ahead, more and more people will migrate in order to survive. The world requires places where refugees and other migrants forced to leave their homes have the opportunity to work, study, create, start businesses, and rebuild new lives for themselves and their families.Free Global Cities can deal with this growing global crisis in a completely new way. They are autonomous, self-governed subnational entities that provide a safe environment and rule of law that will create wealth and prosperity for its residents as well as for the nations hosting them. Such a model would contribute significantly to handle the largest migration crisis in history, which the world will be experiencing in the coming decades.

This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of the life and work of Eleanor Sharpston, KC.As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Ruiz Zambrano, Sturgeon, Miles, Bougnaoui, and Farrell II) and they will continue to shape EU law for decades to come. Her contribution and legacy is expertly assessed over six parts of this book spanning: her career: EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

This collection explores the relationship between the state and private law. It does this by addressing four overlapping questions, beginning by asking why states recognise and enforce private law obligations and liabilities. It goes on to ask how the state as a legal actor is subject to private law. The third question explored relates to the relationship between private law and public law. Finally, it examines the role of the public interest in private law. With the perspectives of world-leading commentators from both academia and the judiciary, this book provides a fascinating assessment of a crucial but complex relationship.

This book analyses recent developments in English corporate restructuring law from a range of comparative and theoretical perspectives, exploring some of the most difficult aspects of the design of domestic restructuring laws and their application in cross-border cases.Recent reforms to English law took place against the backdrop of corporate restructuring law reform initiatives in Europe and in many other regions of the world. These reforms reflect an emerging consensus as to the importance of such laws, both as a complement to macroeconomic stabilisation tools in times of extraordinary crisis, and as a determinant of investment conditions in more ordinary times. But it is one thing to recognise the importance of such laws in the abstract, and quite another to work out precisely how corporate restructuring rules should be designed.This book explores some of the most complex aspects of designing such rules. It does so through the close analysis of the changes made by the enactment of the Corporate Insolvency and Governance Act 2020 (UK), and the interpretation of the new statutory provisions by the courts. Authors also draw on examples from other jurisdictions to analyse choices made in the UK, and in some cases offer separate evaluation of restructuring law reform processes outside the UK, including in select jurisdictions in the EU and in Africa, and in the US.By drawing on experiences in other jurisdictions, the book casts new light on recent developments in English law, suggesting many avenues for further research and a range of implications for policymakers. An introductory chapter by the editors introducing the landmark 2020 reforms provides a detailed synopsis of each chapter of the book, drawing out connections between them, and articulates some themes that run through the chapters that are salient for policymakers.

How can European public law effectively address the profound rights challenges posed by AI systems? This groundbreaking book delves into this pressing question by critically analysing the limitations of current regulatory frameworks, including the Artificial Intelligence Act, the General Data Protection Regulation, and European human rights law. Drawing on leading judgments from the European Court of Human Rights and the Court of Justice of the European Union, the book explores real-world case studies of AI systems employed by public authorities, highlighting their impact on fundamental rights.Arguing that the EU's risk-based regulation approach falls short in protecting fundamental and human rights, the author introduces a compelling alternative: a rights-based inter-legal approach grounded in the theory of inter-legality. This innovative framework emphasises the ’publicness‘ and ’inter-systemic‘ nature of AI, advocating for a lifecycle perspective – from design to deployment and beyond.Rich with legal insights and practical methodology, this book presents a three-step adjudication model to integrate the inter-legal approach into European legal practice, paving the way for a more robust protection of fundamental principles, rules and rights in the AI era. Essential reading for scholars, policymakers and practitioners, this work redefines how Europe can lead the charge in responsible AI regulation.

This book provides the first in-depth study of the crime of bigamy from the 17th century to the present day.Between 1604 and 2024, around 30,000 individuals were prosecuted for bigamy in England and Wales. A few were able to establish a defence to the charge, but most were convicted. How they were punished varied hugely across the centuries – from execution, branding, whipping, transportation, and imprisonment through to fines and community service.Double Trouble details the legal framework that underpinned such prosecutions. As a companion volume to Double Lives: Stories of Bigamy in England and Wales, 1604–2024, it sets the offence in the context of the changing laws on marriage and divorce, and examines the consequences of bigamy for those involved, including the remedies that were available to the often-deceived second spouse.Drawing on a wide array of sources from the 17th century to the present day, including formal law reports, legal treatises, newspapers, censuses, parish registers, divorce petitions and Parliamentary debates, this book shows how bigamy should be taken seriously as an offence that all too often involved deception, abandonment and heartbreak.

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day.A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice?These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604–2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take – accidental, consensual, deceptive or exploitative – and how bigamists’ stories in turn helped to shape the law.Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

This book examines the origins, deployment, and legacy of Order 1305, a measure introduced in 1940 to make it a criminal offence to take part in a strike. Surprisingly, the prohibition on the right to strike was retained by the Attlee administration after the Second World War, and was transformed to become a weapon of government during the Cold War to deal with what were wrongly claimed by ministers to be Communist-inspired strikes engineered for subversive purposes. In a deep analysis of Order 1305, the authors provide a reassessment of the role of the State in industrial relations. Challenging much contemporary learning in labour law, the book is informed by a very detailed engagement with Cabinet and ministerial papers, which highlight the contradictions on the part of government in simultaneously promoting and containing trade union power. These sources also highlight the extent to which trade unions both relied on and were co-opted by the State. The main focus of the book, however, is the role of Order 1305 in the control of trade union activists, with the continuing presence of the criminal law and allegations of communist inspired strikes ensuring an important role for MI5 and Special Branch in post-war industrial relations. Material unearthed at the National Archives demonstrates unequivocally not only that trade unions were deeply penetrated, but also that trade union activists were the subject of extensive surveillance, as the authors fully reveal.

This book sets out a novel account of the conceptual foundations of liberty of conscience based on John Rawls’s concept of moral personality.Liberty of conscience (often called religious freedom) is a notoriously broad right. As understood in many legal systems, it can extend to virtually any action or inaction, ranging from dietary choices to objections to military service, and potentially provide protection against the application of a state’s laws in respect of that action or inaction. To understand the proper limits of this right, it is necessary to inquire into its conceptual foundations. The book shows that protection of liberty of conscience is warranted because of its importance to the exercise and development of the two moral powers of individuals that comprise their moral personality: the power to judge right and justice, and the power to form and pursue a conception of the good. However, some possible limitations for the right relating to the rights of others and the common interest flow from this rationale.Utilising this theoretical account, the book analyses two case studies at the limits of religious freedom in the law of the UK and USA: pandemic lockdown restrictions on religious gatherings, and non-discrimination laws in their application to same-sex couples.

This book presents a unique study of the field of comparative law examining the key differences between schools and approaches and examining their contradictions.Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one’s way in the field where there are drastically varying views on the basic issues.The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law’s feeble place in the legal academia or fantasising about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field, this book encourages readers to think critically while studying law comparatively.

This book explores the impact of the European Convention on Human Rights (ECHR) when defining and protecting pension entitlements as property rights. The sustainability of pension systems in Europe is threatened by mounting public debt and demographic shifts. In recent decades, governments have addressed these challenges by implementing reforms to balance financial stability and guarantee adequate retirement benefits. Many of these reforms have faced legal challenges from activists and lawyers in domestic courts, based on ‘stand-still’ and ‘non-retrogression’ constitutional principles. However, Article 1 of Protocol No. 1 of the ECHR offers an alternative approach that protects social security entitlements, including pensions, as private property, deserving of protection against unjustified state interference. This book explores the historical legal rationale employed by the Court to establish social security entitlements as private property. It further examines how the Court has assessed reforms through a proportionality assessment that weights public interests against individual rights. This analysis distils key principles such as reasonableness, non-discrimination, and fair distribution of burdens that can guide policymakers towards responsible, rights-compliant reform. Hartmann-Cortés prompts critical inquiry into an often-overlooked framework that will be of interest to policymakers, legal scholars, and anyone engaged in debates at the intersection of pension law, property rights, and social welfare law.

Few have shaped the field of law, both as practitioner and writer, as Michael Beloff KC. This expertly curated collection tracks this impact through his writings and lectures.In a work divided into four interrelated parts – Advocacy, Judges, History and Sport – each is singly illuminated by the author's own experience and insight reflected in the accompanying illustrations.

This book uncovers how video game contracts act as monologues of power, moulding players to align with proprietary ideologies. In the era of interactive technologies, the player emerges as a vital yet curiously overlooked figure. While copyright law governs the creation and distribution of these technologies, it sidesteps the player, leaving private contracts to define their role and obligations. Using video games as a case study, this book fills the gap left by copyright law, offering an innovative socio-legal methodology to interrogate and challenge harmful contractual norms.By analysing contracts as a form of critical discourse, the book exposes the contradictions and idealisations embedded in these agreements, which often serve to reinforce industry priorities. It is an essential resource for scholars in intellectual property law, video game studies, and socio-legal research, contributing to pressing debates on user rights and the shifting balance of power in interactive industries.With its fresh perspective on the interplay of copyright, contract, and cultural participation, the book redefines the player's role in a rapidly evolving digital landscape, offering new tools to understand and critique the legal frameworks shaping this most interactive of industries.

This open access book provides a comprehensive exploration of the EU’s role, as a regional international organisation, in the protection of human rights within national legal orders.Emphasising the distinctive features of this contribution, it brings clarity for both EU and non-EU lawyers, particularly scholars of public and human rights law. By taking a cross-cutting approach—examining the capacity, nature, and adjudication of EU Fundamental Rights Law—it expertly navigates the intricacies of this system. Moreover, it advocates for a political turn in EU Fundamental Rights Law—one that enables European society to meaningfully engage with the deeper issues underpinning this legal framework.This is an invaluable tool for scholars and practitioners in the fields of European law, public law, human rights, and International law.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by KU Leuven.

This book presents a positive account of State aid and subsidy control law at the EU, UK, and global levels. It provides the keys to understanding how it is adjusting to emerging realities.Industrial policy, decarbonisation, de-risking of supply chains: the regulation of subsidies is at the forefront of the transformations that the world economy is undergoing. This book provides an overview of the foundations of EU State aid law, one of the most dynamic areas of EU law. An up-to-date and accessible framework explains the core conditions underpinning the notion of State aid – including advantage and selectivity.The book also looks at how the EU model has changed over the past decade. It helps navigate the complex case law on the application of EU State aid law to tax rulings concluded with large multinationals (such as the Apple saga) as well as the perma-crisis of the regime up until the adoption of the Clean Industrial Deal Framework.The ways in which the EU model extends its reach beyond its borders – convergence and unilateral expansion – are also addressed. The UK Subsidy Control Act 2022 and the EU Foreign Subsidies Regulation are discussed and put into context.Conceived as a 'modular' book, it can be used both as a tool to navigate the fundamentals of the discipline and as a map to reflect upon its uncertain future.

This book analyses the extent to which the common law can accommodate the new issues arising from the AI revolution, and where legislation may instead be necessary.In doing so, the book takes into account not only doctrinal principles but also conceptual and theoretical foundations of common law.Over the next few decades, the use of AI in commercial and other transactions is likely to be one of the most disruptive influences ever to affect private law. Its impact will be wide and deep, affecting not simply the traditional areas of contract and tort but also agency, trusts, fiduciary relations and a great deal besides. The common law is known to be extremely flexible, and to some extent rules can be organically stretched and manipulated to respond to disruption of this kind. However, there is equally no doubt that such organic development is not enough on its own, and will have to be supplemented by legislative alterations and at times serious changes of thinking.The book therefore discusses how established legal doctrines and principles in private law need to be reconsidered in view of the increasing pervasiveness of intelligent machines capable of taking decisions. The analysis contained in this book provides a key contribution to ongoing debates regarding potential law reform, not only in England and Wales but also in other common law jurisdictions.