2015 New Titles, Selected Backlist & eBooks
2015 New Titles, Selected Backlist & eBooks LAW www.e-elgar.com www.elgaronline.com Independent Academic, Educational & Professional Publisher of the Year 2014 & 2013 Frankfurt Book Fair Academic & Professional Publisher of the Year 2014 Antitrust/Competition Law & Policy • Banking & Finance Law • Company & Corporate Law • Commercial & Contract Law Comparative Law • Constitutional & Administrative Law • Crime & Corruption • Employment Law • Environmental & Energy Law European Law • Intellectual Property • Media Law & Culture • Pharmaceutical & Biotechnology Law • Technology & Information Law Human Rights • Public International Law • International Economic Law & the WTO • International Investment Law • Law & Development Law & Economics • Law in Asia • Legal Education & the Legal Profession • Philosophy of Law & Legal Scholarship • Private International Law & Dispute Resolution • Regulation & Governance Contents Featured Elgaronline Law eBook Collection.....................1 Elgar Research Reviews.....................................2 Elgar Advanced Introductions...........................4 Textbooks..........................................................5 Antitrust/Competition Law & Policy..................6 Banking & Finance Law......................................8 Company & Corporate Law.............................10 Commercial & Contract Law............................13 Comparative Law.............................................14 Constitutional & Administrative Law...............16 Crime & Corruption.........................................18 Page 6 Page 13 Page 35 Page 51 Page 53 Page 57 Employment Law.............................................21 Environmental & Energy Law..........................22 European Law..................................................31 Intellectual Property, IT & Media Law Intellectual Property......................................34 Media Law & Culture.....................................44 Pharmaceutical & Biotechnology Law...........45 Technology & Information Law......................46 International Law & Human Rights Human Rights................................................47 Public International Law................................51 International Economic Law & the WTO.......56 International Investment Law........................59 Law & Development........................................60 Law & Economics.............................................61 Law in Asia.......................................................65 Legal Education & the Legal Profession...........67 Philosophy of Law & Legal Scholarship...........68 Private International Law & Dispute Resolution..................................68 Regulation & Governance...............................69 Title Index........................................................72 Author Index....................................................74 THOMSON REUTERS’ BOOK CITATION INDEX We include book titles in Thomson Reuters’ Citation Index, accessed by 20 million users across 3,800 research institutions in 90 countries. 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Link through Google Scholar to get free access to the article. Linking within the article to a separate list of the seminal recommended reading. Export and save citations for each article. Articles are fully referenced. To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Featured titles: Elgar Research Reviews in Law Trademark and Unfair Competition Law Classics in Comparative Law Human Rights and Refugee Law International Environmental Law Graeme B. Dinwoodie and Mark D. Janis Tom Ginsburg, Pier Giuseppe Monateri and Francesco Parisi James C. Hathaway Donald K. Anton 2014 Elgaronline 978 1 78471 329 4 2014 Elgaronline 978 1 78471 339 3 2013 Elgaronline 978 1 78471 452 9 Sept 2015 Elgaronline 978 1 78471 630 1 Intellectual Property, Innovation and the Environment Islam and the Law of Armed Conflict Peter S. Menell and Sarah Tran 2014 Elgaronline 978 1 78471 330 0 Trade Secrets and Undisclosed Information Sharon K. Sandeen and Elizabeth Rowe 2014 Elgaronline 978 1 78471 332 4 Institutional Law and Economics Pablo T. Spiller May 2015 Elgaronline 978 1 78471 333 1 Law and Economics of Uncertainty Joshua C. Teitelbaum March 2015 Elgaronline 978 1 78471 334 8 Economics of Health Law Ronen Avraham, David A. Hyman and Charles M. Silver April 2015 Elgaronline 978 1 78471 335 5 Niaz A. Shah May 2015 Elgaronline 978 1 78471 341 6 Police Corruption: Essential Readings Leslie Holmes 2014 Elgaronline 978 1 78471 342 3 International Humanitarian Law Richard O. Zerbe 2014 Elgaronline 978 1 78471 336 2 June 2015 Elgaronline 978 1 78471 343 0 Classics in International Investment Law August Reinisch 2014 Elgaronline 978 1 78471 344 7 International Courts and Tribunals William A. Schabas 2014 Elgaronline 978 1 78471 345 4 Jurisdiction and Private International Law Lisa Bernstein and Francesco Parisi 2014 Elgaronline 978 1 78471 337 9 2013 Elgaronline 978 1 78471 445 1 Transnational Law of Sports Private International Law and Public law July 2015 Elgaronline 978 1 78471 347 8 Law and Economics of Immigration Howard F. Chang May 2015 Elgaronline 978 1 78471 631 8 James A.R. Nafziger Territoriality and International Law 2013 Elgaronline 978 1 78471 425 3 Marcelo Kohen Cultural Heritage Law Oct 2015 Elgaronline 978 1 78471 634 9 James A.R. Nafziger 2012 Elgaronline 978 1 78471 426 0 Economic, Social and Cultural Rights as Human Rights Olivier De Schutter 2013 Elgaronline 978 1 78471 419 2 Environmental Law and Climate Change Jonathan Verschuuren June 2015 Elgaronline 978 1 78471 622 6 Environmental Constitutionalism James R. May and Erin Daly June 2015 Elgaronline 978 1 78471 623 3 2014 Elgaronline 978 1 78471 346 1 Horatia Muir Watt Customary Law and Economics John J. Donohue III John P. Cerone Patrick J. Borchers Efficiency in Law and Economics Law and Economics of Discrimination International Labour Law Barbara J. Fick Aug 2015 Elgaronline 978 1 78471 625 7 Whistleblowing Law Robert G. Vaughn Aug 2015 Elgaronline 978 1 78471 626 4 For more information about our eBook collections, order, telephone: +44 1235 465500 Save up 1242 to 20% at www.e-elgar.com I email: To [email protected] or call:I (+44) 226934 Law on the Use of Force and Armed Conflict Robert Cryer and Christian Henderson May 2015 Elgaronline 978 1 78471 637 0 The Law and Politics of International Organizations Kenneth W. Abbott Dec 2015 Elgaronline 978 1 78471 639 4 International Water Law Laurence Boisson de Chazournes and Mara Tignino Sept 2015 Elgaronline 978 1 78471 641 7 Intellectual Property and Private International Law Paul Torremans July 2015 Elgaronline 978 1 78471 644 8 Enforcement of Environmental Law Ludwig Krämer Dec 2015 Elgaronline 978 1 78471 835 0 For our electronic content, visit: www.elgaronline.com www.elgaronline.com Announcing the new series ELGAR ADVANCED INTRODUCTIONS Readership Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the Social Sciences and Law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the issues associated with discrete subject areas. The aims of the series are two-fold; to pinpoint essential principles of a particular field, and to offer insights that stimulate critical thinking. By distilling the vast amount of information available on the subject area into a concise and meaningful form, the volumes serve as accessible introductions for undergraduate and graduate students coming to the subject for the first time. Importantly, they also develop well-informed, nuanced critiques of the field that will challenge and extend the understanding of advanced students, scholars and policy-makers. Elgar Advanced Introductions will appeal to graduate students, advanced undergraduate students, policy-makers and non-specialist academics (though by crystallizing a field it is expected they will contribute to overall scholarly understanding). pa Se ge e 57 pa Se ge e 55 pa Se ge e 55 pa Se ge e 49 pa Se ge e 44 pa Se ge e 60 pa Se ge e 57 pa Se ge e 17 Elgar Advanced Introductions are available for inspection. Contact our Cheltenham address or email with course details to: [email protected]. 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European Intellectual Property Law 2013 584 pp Paperback 978 1 78254 608 5 £40.00 eBook 978 1 78100 311 4 See page 59 ok bo ok Te xt bo Krista Nadakavukaren Schefer Te xt Text, Cases and Materials Principles of Law and Economics Text, Cases and Materials Third Edition Antony William Dnes Te xt bo Aug 2015 c 304 pp Paperback 978 1 78471 750 6 c £45.00 eBook 978 1 78195 603 8 See page 61 ok 2013 592 pp Paperback 978 1 84844 880 3 £39.95 eBook 978 1 78195 364 8 See page 35 ok ok Graham Dutfield and Uma Suthersanen Annette Kur and Thomas Dreier Matthew W. Finkin and Joel Cutcher-Gershenfeld bo International Investment Law bo Common Workplace Problems in Different Legal Environments Te xt Global Intellectual Property Law Te xt Te xt bo ok 2014 208 pp Paperback 978 1 78254 950 5 £25.00 eBook 978 1 78254 638 2 See page 14 March 2015 448 pp Paperback 978 1 78254 820 1 c £35.00 Elgaronline 978 1 78100 412 8 See page 21 April 2015 c 816 pp Paperback 978 1 78347 799 9 c £45.00 eBook 978 1 78347 798 2 See page 35 2008 384 pp Paperback 978 1 84720 364 9 £37.00 eBook 978 1 84844 386 0 See page 35 Geoffrey Samuel Multinational Human Resource Management and the Law 2014 1,200 pp Paperback 978 1 78195 179 8 £39.95 eBook 978 0 85793 105 4 See page 31 ok bo Te xt A Short Introduction to the Common Law ok 2011 400 pp Paperback 978 1 84980 059 4 £32.00 eBook 978 1 84980 349 6 See page 13 Jane Ginsburg and Edouard Treppoz Text and Cases ok Geoffrey Samuel David Edward and Robert Lane bo Law of Obligations International Copyright Law Te xt bo Te xt 2014 288 pp Paperback 978 1 78347 852 1 £29.95 eBook 978 1 78347 851 4 See page 13 ok Jan M. Smits Edward and Lane on European Union Law bo A Comparative Introduction Te xt Contract Law 5 International Law Antitrust/Competition Law & Policy NEW Featured series State-Initiated Restraints of Competition Elgar Competition Law and Practice series Series editors: David Vaughan CBE QC, Brick Court Chambers and Elizabeth Morony, Clifford Chance, UK New Horizons in Competition Law and Economics series Series editors: Steven Anderman, University of Essex, UK and Rudolph J.R. Peritz, New York Law School, US NEW KEY TITLE European Competition Law A Case Commentary Edited by Weijer VerLoren van Themaat and Berend Reuder, Houthoff Buruma, the Netherlands States influence competition in the market in various ways. They often act themselves as market participants through state-owned enterprises. They regulate markets and specific sectors of the economy such as public utilities in particular. In some instances, market regulation explicitly aims to promote competition in the market. In other instances, regulatory schemes and decisions may inadvertently distort competition or openly promote conflicting objectives and even anti-competitive goals. Furthermore, states can distort competition among firms when they act as purchasers of goods and services as well as when they grant subsidies to individual firms. This book assembles contributions by competition law scholars who present new insights on the diversity of problems and challenges arising from state-initiated restraints of competition in jurisdictions from all around the world, not only including the EU and the US, but also Latin American countries, China, India and Australia. Feb 2015 c 352 pp Hardback 978 1 78471 497 0 £90.00 Elgaronline 978 1 78471 498 7 ‘This book is unique. It does not contain any text from the authors themselves, but the story of EU competition law is entirely told through a smart selection of quotes from the Commission and EU courts. This approach is extremely valuable. The article by article categorization and the extensive index ensure that influential cases are found quickly and easily. This book should be on the desk of every competition authority official and practitioner.’ ASCOLA Competition Law series Private Enforcement of Antitrust Regulating Corporate Behaviour through Collective Claims in the EU and US – Alexander Italianer, Director-General for Competition, European Commission, Belgium European Competition Law explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the extracts and is limited to the essentials in order to clearly demonstrate how competition rules have been interpreted by the European Commission and the courts. The extracts originate primarily from the decisions of the European Commission and judgments of the Court of Justice of the European Union and the European Court of Human Rights. Key features: • Article by article overview of EU competition law jurisprudence. • Unique structure means users can quickly locate decisions and judgments on any substantive aspect of competition law. • Concise and judiciously selected extracts from the judgments in the most important and most instructive cases. • Through the use of extracts, the authors do not impose their own analysis, but facilitate a nuanced view of competition law rules, giving practitioners a more contextual insight. • Greater number of case extracts than other books gives a more complete picture of the way rules translate into European jurisprudence. 2014 936 pp Hardback 978 1 78347 686 2 £225.00 Elgaronline 978 1 78347 687 9 Edited by Josef Drexl, Max Planck Institute for Innovation and Competition, Munich, Germany and Vicente Bagnoli, Mackenzie Presbyterian University, Brazil Arianna Andreangeli, University of Edinburgh, UK Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers, has been at the forefront of the EU Commission agenda for a long time. Starting from an examination of theories of collective action as a means of mobilising large groups of individuals, this book examines the current approaches governing class certification in competition damages claims in the US Federal courts. Andreangeli argues that the Commission’s ‘established wisdom’ on collective redress in competition cases, as well as in the general area of tort law, may no longer be totally justified. The book proposes a more ‘holistic’ approach to collective redress, involving access to civil justice, a greater role for public enforcement authorities and the involvement of representative organisation. It argues that this may succeed in delivering on goals of efficient adjudication and meaningful compensation of antitrust injuries without compromising on procedural fairness, and therefore that the EU Commission and the legislatures of many Member States may be more inclined to move away from their traditional views on these issues. 2014 424 pp Hardback 978 1 84980 459 2 £95.00 Elgaronline 978 1 84980 614 5 Private Enforcement of Antitrust Law in the United States Elgar Commentaries series A Handbook Market Building through Antitrust Edited by Albert A. Foer and Randy M. Stutz, American Antitrust Institute, US Long-term Contract Regulation in EU Electricity Markets ‘The Handbook is one of the most practical and strategic looks at the formulation and conduct of private treble litigation available. It is practically unique in going beyond the substance of the antitrust law and giving the reader a peek behind the curtain as to how private antitrust litigation actually functions. It will prove to be of great value to students and practitioners, both inside and outside the United States, who want to understand what really occurs in and outside the courtroom.’ – World Competition: Law and Economics Review Adrien de Hauteclocque, Court of Justice of the European Union, Luxembourg ‘Antitrust is a sledgehammer to the creation of European-wide markets. How does it really work though? Take the case of power contracting. Look at the smart and fresh view from a promising scholar: Adrien de Hauteclocque. A must read.’ – Jean-Michel Glachant, European University Institute, Italy 2012 432 pp Hardback 978 0 85793 959 3 £150.00 2013 Paperback 978 1 78100 593 4 £37.00 Elgaronline 978 0 85793 960 9 2013 224 pp Hardback 978 0 85793 773 5 £73.00 Elgaronline 978 0 85793 774 2 Loyola de Palacio Series on European Energy Policy 6 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Antitrust/Competition Law & Policy New Horizons in Competition Law and Economics series Series editors: Steven Anderman, University of Essex, UK and Rudolph J.R. Peritz, New York Law School, US This series provides research-based analysis and discussion of the appropriate role for economic thinking in the formulation of competition law and policy. The books in the series move beyond studies of the traditional role of economics – that of helping to define markets and assess market power – to explore the extent to which economic thinking can play a role in the formulation of legal norms, such as abuse of a dominant position, restriction of competition and substantial impediments to or lessening of competition. This in many ways is the new horizon of competition law policy. NEW Joint Research and Development under US Antitrust and EU Competition Law Björn Lundqvist, Copenhagen Business School, Denmark This fascinating new book dissects, from a competition law perspective, how research and development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Lundqvist details the modifications and amendments made over this time to the relevant legal acts and guidelines. In doing to, the author picks up on the slow shift that has taken place in both the antitrust laws of the USA and the competition rules of the EU. The book concludes by discussing the necessity for a stringent attitude towards the antitrust establishment, and how this can be developed by reviving the concept of the “innovation market”. May 2015 c 304 pp Hardback 978 1 78471 300 3 c £80.00 Elgaronline 978 1 78471 301 0 Standardization under EU Competition Rules and US Antitrust Laws NEW The Evolution of China’s Anti-Monopoly Law Xiaoye Wang, Hunan University and Chinese Academy of Social Sciences and Anti-Monopoly Commission under the State Council of the People’s Republic of China ‘The account of [Professor Wang’s] life indicates the long way she had to travel to become one of the foremost competition law scholars in her own country and on a truly global level. This book highlights her scholarly accomplishments as well as her courage and independence in the service of an effective Chinese anti monopoly law.’ – Ernst-Joachim Mestmäcker, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany 2014 512 pp Hardback 978 1 78195 249 8 £105.00 Elgaronline 978 1 78195 250 4 In Association with the Social Sciences Academic Press Competition Law and Policy in Japan and the EU Etsuko Kameoka, Van Bael & Bellis, Belgium This book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two jurisdictions, together with the relevant historical backgrounds. 2014 232 pp Hardback 978 1 78100 055 7 £75.00 Elgaronline 978 1 78100 056 4 Competition Damages Actions in the EU The Rise and Limits of Self-Regulation Björn Lundqvist, Copenhagen Business School, Denmark Law and Practice Standardization under EU Competition Rules and US Antitrust Laws offers comparative insight into how technology standards and the standard setting process are regulated under United States antitrust law and European Union competition rules respectively. The current focus on single firms’ use of patents to exclude competition, for example, patent and FRAND ambush, is discussed, as well as the forms of collaboration making up the standardization process. Bjorn Lundqvist analyses the standardization process, looking, for example, at the agreements and the conduct of firms prior to the enactment of a technology standard by a Standard Setting Organisation. Lundqvist asks whether these collaborations are more of an antitrust problem in themselves than the problems (such as ‘patent thickets’, ‘anticommons’, ‘royalty stacking’ and patent/FRAND ambush) they are designed to resolve. David Ashton, European Parliament and David Henry, McDermott Will & Emery, Belgium. With Frank Maier-Rigaud, IESEG (LEM-CNRS), Paris, France and NERA Economic Consulting, Brussels/Berlin and Ulrich Schwalbe, University of Heidelberg, Germany 2014 496 pp Hardback 978 1 78195 485 0 £105.00 Elgaronline 978 1 78195 486 7 2013 320 pp Hardback 978 1 78254 075 5 £129.00 Elgaronline 978 1 78254 076 2 – Andrés Font Galarza, Gibson Dunn & Crutcher LLP, Brussels, Belgium Elgar Competition Law and Practice series Collective Dominance and Collusion International Merger Policy Parallelism in EU and US Competition Law Applying Domestic Law to International Markets Marilena Filippelli Julie Clarke, Deakin University, Australia 2013 368 pp Hardback 978 1 78195 604 5 £93.00 Elgaronline 978 1 78195 605 2 Cartels, Competition and Public Procurement Law and Economics Approaches to Bid Rigging Stefan E. Weishaar 2013 352 pp Hardback 978 0 85793 674 5 £93.00 Elgaronline 978 0 85793 675 2 To order, telephone: +44 1235 465500 ‘This is a valuable and thoughtful contribution to the debate on EU competition law litigation. It is the first book to tackle the subject as a whole and from a practical perspective, and comes at a particularly timely moment after the publication of the Commission’s recent proposal. Anyone practising in this area of the law should own a copy of this book.’ International Merger Policy offers a compelling comparative assessment of domestic and regional merger laws and procedures. Identifying important areas of convergence and emerging best practice, it considers existing levels of international cooperation and identifies the key costs associated with transnational merger review before evaluating possible mechanisms by which they might be reduced. 2014 336 pp Hardback 978 1 78100 001 4 £85.00 Elgaronline 978 1 78100 002 1 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 7 International Law Antitrust/Competition Law & Policy Banking & Finance Law Handbook on European Competition Law Featured series Elgar Financial Law and Practice series Edited by Ioannis Lianos and Damien Geradin Series editor: Roger McCormick, London School of Economics and Political Science, UK Discounted two volume set 2013 978 1 78254 610 8 £262.50 Elgaronline 978 1 78100 602 3 Elgar Financial Law series Series editor: Takis Tridimas, Queen Mary, University of London, UK Also available as individual volumes: Research Handbooks in Financial Law series Vol 1: Substantive Aspects 2013 688 pp Hardback 978 1 84844 553 6 £181.00 Series editor: Rosa Lastra, Queen Mary, University of London, UK Vol 2: Enforcement and Procedure 2013 648 pp Hardback 978 1 78254 609 2 £181.00 The International Handbook of Competition – Second Edition Edited by Manfred Neumann and Jürgen Weigand 2013 432 pp Hardback 978 1 84980 268 0 £134.00 Elgaronline 978 1 84980 606 0 The Political Economy of Competition Law in Asia Edited by Mark Williams 2013 448 pp Hardback 978 1 78100 167 7 £109.00 Elgaronline 978 1 78100 168 4 Building New Competition Law Regimes Selected Essays Edited by David Lewis 2013 224 pp Hardback 978 1 78195 372 3 £78.00 Elgaronline 978 1 78195 373 0 NEW Research Handbook on International Competition Law Edited by Ariel Ezrachi 2012 616 pp Hardback 978 0 85793 479 6 £170.00 Elgaronline 978 0 85793 480 2 Enforcing Competition Rules in South Africa Thieves at the Dinner Table Edited by Bob Wessels and Matthias Haentjens, Leiden University, the Netherlands In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe, provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspective of various parties that are affected by these rules, many of which have been enacted only recently. Additionally, country reports of all major jurisdictions provide comprehensive overviews of the current state. July 2015 c 448 pp Hardback 978 1 78347 422 6 c £140.00 Elgaronline 978 1 78347 423 3 Research Handbooks in Financial Law series David Lewis 2013 304 pp Hardback 978 1 78195 374 7 £83.00 Elgaronline 978 1 78195 375 4 In Association with the International Development Research Centre The Criminal Law of Competition in the UK and in the US Failure and Success Mark Furse 2012 256 pp Hardback 978 0 85793 430 7 £73.00 Elgaronline 978 0 85793 431 4 Research Handbook on Securities Regulation in the United States Edited by Jerry W. Markham, Florida International University at Miami and Rigers Gjyshi, The PNC Financial Services Group, Inc., US This fascinating Handbook provides a clear explanation of the securities market regulation regime in the United States. A diverse set of contributors offers a comprehensive overview of the regulatory process, Dodd-Frank, the principal securities statutes, and the regulators and market participants involved. In addition to a general summary of the topic, this volume provides detailed explanations of the process for registering securities, exemptions from registration, secondary distributions, and the underwriting process. Research Handbooks in Financial Law series Comparative Competition Law Edited by John Duns, Brendan Sweeney and Arlen Duke see page 15 Handbook of Central Banking, Financial Regulation and Supervision Patent Misuse and Antitrust Law Daryl Lim see page 41 After the Financial Crisis Pharmaceutical Innovation, Competition and Patent Law Edited by Josef Drexl and Nari Lee see page 45 The Chinese Anti-Monopoly Law Edited by Michael Faure and Xinzhu Zhang see page 67 To order, telephone: +44 1235 465500 NEW 2014 576 pp Hardback 978 1 78254 006 9 £150.00 Elgaronline 978 1 78254 007 6 ALSO OF INTEREST: 8 Research Handbook on Crisis Management in the Banking Sector I Edited by Sylvester Eijffinger and Donato Masciandaro 2011 672 pp Hardback 978 1 84980 313 7 £187.00 2013 Paperback 978 0 85793 770 4 £47.00 Elgaronline 978 1 84980 576 6 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Banking & Finance Law To order a free copy of our Corporate Governance & Financial Law leaflet Email: [email protected] Or download a copy from www.e-elgar.com NEW Research Handbook on Secured Financing in Commercial Transactions Edited by Frederique Dahan, Lead Counsel, European Bank for Reconstruction and Development This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the breadth and depth of the subject matter across diverse sectors, and illustrate the choices and trade-offs that policy makers face via a number of illuminating case studies. The result is a unique and wide-ranging examination of transactions reform across the world. June 2015 c 528 pp Hardback 978 1 78100 183 7 c £150.00 Elgaronline 978 1 78100 184 4 Research Handbooks in Financial Law series NEW KEY TITLES The Law on Corporate Governance in Banks Iris Hse-Yu Chiu, University College London (UCL), UK and Consulting Editor, Michael McKee, Partner, DLA Piper With contributions from Anna P. Donovan, UCL, Rod Edmunds, Queen Mary University of London, Andreas Kokkinis, University of Warwick and UCL, John Lowry, Hong Kong University, Marc T. Moore, University of Cambridge, Arad Reisberg, UCL, Georgina Tsagas, University of Bristol, Edward Walker-Arnott, UCL and Herbert Smith Freehills, UK ‘This timely and thought-provoking collection explores a number of aspects of the current system of corporate governance in banks, probes their limitations and makes suggestions for further reform. It will be of particular interest to postgraduate students and researchers, academics and policy makers in the fields of banking or corporate governance.’ – Andrew Johnston, University of Sheffield, UK Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate sectors. The Law on Corporate Governance in Banks is the first work to provide a detailed survey and practical examination of key topical issues in the corporate governance of banks and financial institutions. Combining the insight and expertise of leading corporate lawyers in the field with rigorous academic analysis, the book unpicks and clarifies the legal issues that confront corporate and banking law practitioners when advising banks and financial institutions, including: governance structure, collective board responsibility, directors’ liability, role of shareholders, corruption control mechanisms, remuneration, corporate accountability, and risk management. Key features: • An author team of senior practitioners and leading academic experts. • Detailed treatment of all the key corporate governance issues in financial sector. • Comprehensive and up-to-date legislative analysis of latest reforms. Research Handbook on Hedge Funds, Private Equity and Alternative Investments Feb 2015 c 384 pp Hardback 978 1 78254 885 0 c £135.00 Elgaronline 978 1 78254 886 7 Edited by Phoebus Athanassiou Elgar Financial Law and Practice series 2012 520 pp Hardback 978 1 84980 278 9 £155.00 2013 Paperback 978 1 78100 292 6 £42.00 Elgaronline 978 1 84980 608 4 Yeowart and Parsons on the Law of Financial Collateral Research Handbooks in Financial Law series Edited by Geoffrey Yeowart, Hogan Lovells International LLP and Robin Parsons, Sidley Austin LLP, UK The Governance and Regulation of International Finance As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. Geoffrey P. Miller and Fabrizio Cafaggi This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. 2013 224 pp Hardback 978 0 85793 947 0 £73.00 Elgaronline 978 0 85793 948 7 Private Regulation series Key features: • Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law. • Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of “bail-in”. Elgarblog • Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage. Elgar Handbook wins BILA Book Prize Details of the award winning Research Handbook on International Insurance Law and Regulation, by Julian Burling, Barrister at Serle Court (and formerly Counsel to Lloyd’s), and Kevin Lazarus, Solicitor at Lloyd’s. The book is part of our Research Handbooks in Financial Law series. www.elgarblog.wordpress.com • Highlights key issues on regulatory treatment and conflicts of law. • Discusses direction of future law reform. • Written by leading experts in the field: Geoffrey Yeowart and Robin Parsons with Edward Murray (Allen & Overy LLP) and Hamish Patrick (Shepherd and Wedderburn LLP). Aug 2015 c 375 pp Hardback 978 1 78254 631 3 c £145.00 Elgaronline 978 1 78254 632 0 Elgar Financial Law and Practice series To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 9 Banking & Finance International Law Law Company & Corporate Law Research Handbook on International Banking and Governance Featured series Corporations, Globalisation and the Law series Series editor: Janet Dine, Queen Mary, University of London, UK Edited by James R. Barth, Auburn University and Miliken Institute, US, Chen Lin, Chinese University of Hong Kong and Clas Wihlborg, Chapman University, US Research Handbooks in Corporate Law and Governance series The original contributions to this comprehensive Handbook – authored by renowned international scholars of finance, banking, law, policy, business and economics – reflect on the performance of financial institutions through the lens of governance. In-depth coverage is given to issues of ownership, efficiency and stability; compensation, performance and risk; market discipline; regulation and supervision; strategy and social responsibility; non-bank financial institutions as well as regional and country studies. Only through the kind of close examination presented in this volume can we hope to implement the financial reforms necessary and sufficient to reduce the likelihood and severity of future financial crises. 2012 768 pp Hardback 978 1 84980 293 2 £181.00 2013 Paperback 978 1 78100 295 7 £39.95 Elgaronline978 1 84980 610 7 The Law of Securities, Commodities and Bank Accounts Jay Cullen, University of Sheffield, UK ‘Cullen’s timely and important book demonstrates exactly what the problem is with executive compensation in banking and how to improve it. The current populist approach to simply cut banker pay is rejected in favour of a far more nuanced approach, fully cognizant of the inefficiencies in the very markets which value bonus share awards. The book encourages a much-needed long-term approach to compensation whilst also examining in an intelligent way the flaws in our seemingly efficient markets.’ – Trevor Pugh, University of Sheffield, UK Marek Dubovec, National Law Center for Inter-American Free Trade and James E. Rogers College of Law, University of Arizona, US ‘This remarkable book offers a broad and comprehensive examination of the law of accounts. The author has succeeded in covering an impressive number of intricate legal questions with unsurpassable clarity. The book brings together topics that are rarely analyzed together, and enriches the perspective of the reader with frequent and exact references to other legal systems.’ – José M. Garrido, LEGPS – The World Bank In this unique study Marek Dubovec examines contemporary commercial relationships between investors and their intermediaries – relationships based on accounts that hold intangible rights to securities, funds, and commodity contracts. Such accounts have replaced the traditional physical possession and delivery of tangible objects, such as security certificates, coins, and commodities that were previously used in commercial relationships. 2014 256 pp Hardback 978 1 78254 901 7 £75.00 Elgaronline 978 1 78254 902 4 2014 264 pp Hardback 978 1 78254 928 4 £75.00 Elgaronline 978 1 78254 929 1 Elgar Financial Law series Enterprise Law Contracts, Markets, and Laws in the US and Japan Edited by Zenichi Shishido, Hitotsubashi University, Japan Enterprise law represents the entire range of private contracts and public regulations governing the relationship of different capital providers. Enterprise Law comparatively analyses the way these fundamental legal frameworks complement each other in the United States and Japan. 2014 448 pp Hardback 978 1 78100 444 9 £100.00 Elgaronline 978 1 78100 445 6 Elgar Financial Law series Regulating Credit Rating Agencies RESEARCH COLLECTIONS Law and Economics of Mergers and Acquisitions Aline Darbellay 2013 296 pp Hardback 978 0 85793 935 7 £83.00 Elgaronline 978 0 85793 936 4 Edited by Steven M. Davidoff and Claire A. Hill Elgar Financial Law series Series no. 39 Two volume set 2013 1,648 pp Hardback 978 1 78195 471 3 £495.00 Financial Crisis Containment and Government Guarantees Economic Approaches to Law series Law and Entrepreneurship Edited by John Raymond LaBrosse, Rodrigo Olivares-Caminal and Dalvinder Singh Edited by Robert E. Litan and Anthony J. Luppino 2013 288 pp Hardback 978 1 78100 499 9 £83.00 Elgaronline 978 1 78100 500 2 To order, telephone: +44 1235 465500 Executive Compensation in Imperfect Financial Markets The recent financial crisis and associated real estate bubble demonstrated the damage that can be caused by imperfect financial market pricing. On the basis of these imperfections, strong financial returns earned by financial institutions in the run-up to 2008 were, in fact, illusory. The Rights of Account Holders 10 Series editor: Randall S. Thomas, Vanderbilt University Law School, US 2013 804 pp Hardback 978 1 78100 932 1 £243.00 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Company & Corporate Law Research Handbooks in Corporate Law and Governance series NEW Series editor: Randall S. Thomas, Vanderbilt University Law School, US Elgar Research Handbooks are original reference works designed to provide a broad overview of research in a given field while at the same time creating a forum for more challenging, critical examination of complex and often under-explored issues within that field. Chapters by international teams of contributors are specially commissioned by editors who carefully balance breadth and depth. Often widely cited, individual chapters present expert scholarly analysis and offer a vital reference point for advanced research. Taken as a whole they achieve a wide-ranging picture of the state-of-the-art. Making a major scholarly contribution to the field of corporate law and governance, the volumes in this series explore topics of current concern from a range of jurisdictions and perspectives, offering a comprehensive analysis that will inform researchers, practitioners and students alike. The Research Handbooks cover the fundamental aspects of corporate law, such as insolvency governance structures, as well as hot button areas such as executive compensation, insider trading, and directors’ duties. The Handbooks, each edited by leading scholars in their respective fields, offer far-reaching examinations of current issues in corporate law and governance that are unrivaled in their blend of critical, substantive analysis, and in their synthesis of contemporary research. Each Handbook stands alone as an invaluable source of reference for all scholars of corporate law, as well as for practicing lawyers who wish to engage with the discussion of ideas within the field. Whether used as an information resource on key topics or as a platform for advanced study, volumes in this series will become definitive scholarly reference works in the field. NEW Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations Edited by Robert W. Hillman, University of California, Davis and Mark J. Loewenstein, University of Colorado Law School, US Presenting alternatives to the corporate form of organization, the Handbook explores partnerships, LLCs, business trusts and other alternatives. Specially commissioned chapters by leading scholars in the field examine issues such as: fiduciary duties, agency principles, contractual freedom, tax treatment, the special circumstances of law firms, and dissolution. While much of the emphasis is on US law, a number of chapters include treatments of Japan, the UK, Russia, China, Taiwan, India and Brazil. July 2015 c 580 pp Hardback 978 1 78347 439 4 c £160.00 Elgaronline 978 1 78347 440 0 Research Handbook on Executive Pay Edited by Randall S. Thomas, Vanderbilt Law School, US and Jennifer G. Hill, University of Sydney, Australia ‘. . . a controversial and endlessly debatable topic on which this book sheds considerable light and is a most welcome commentary. . . Rather than a collection of learned essays gleaned from various academic journals worldwide, the articles contained within this quite fascinating work of reference – all extensively footnoted – have all been specially commissioned by the editors to provide a wealth of informed, up-to-date commentary on the latest contributions to this debate worldwide from top scholars in this field. . . The book does provide copious resources for further research in the form of footnotes, extensive bibliographies at the end of each article and a detailed index at the back. With its global perspective and erudite approach, this book would certainly be an asset to anyone involved professionally or academically in any matters relating to executive pay.’ – Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine 2012 552 pp Hardback 978 1 84980 396 0 £155.00 2013 Paperback 978 1 78195 333 4 £39.95 Elgaronline 978 1 78100 510 1 To order, telephone: +44 1235 465500 Research Handbook on Directors’ Duties Edited by Adolfo Paolini, University of Buckingham Law School, UK Directors’ duties and liabilities have become the centre of a general legal discussion following the 2008 financial scandal that resulted in global recession. Questions have arisen regarding the ways in which the directors of the world’s major financial institutions have handled their duties and how their decisions have impacted investors, shareholders and consumers. This detailed Handbook discusses the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, liabilities that may arise and what interests directors should consider before embarking on commercial ventures. 2014 384 pp Hardback 978 1 78100 440 1 £130.00 Elgaronline 978 1 78100 441 8 NEW Research Handbook on Shareholder Power Edited by Randall S. Thomas, Vanderbilt University Law School, US and Jennifer G. Hill, University of Sydney, Australia Much of the history of corporate law has concerned itself not with shareholder power, but rather with its absence. Yet, as this Handbook shows, there have been major shifts in capital market structure that require a reassessment of the role and power of shareholders. This book provides a contemporary analysis of shareholder power and considers the regulatory consequences of changing ownership patterns around the world. Leading international scholars in corporate law, governance and financial economics address these central issues from a range of different perspectives including historical, contemporary, legal, economic, political and comparative. May 2015 c 511 pp Hardback 978 1 78254 684 9 c £145.00 Elgaronline 978 1 78254 685 6 NEW IN PAPERBACK Research Handbook on Insider Trading Edited by Stephen M. Bainbridge, University of California, Los Angeles, US In most capital markets, insider trading is the most common violation of securities law. It is also the most well known, inspiring countless movie plots and attracting scholars with a broad range of backgrounds and interests, from pure legal doctrine to empirical analysis to complex economic theory. This volume brings together original cutting-edge research in these and other areas written by leading experts in insider trading law and economics. 2013 504 pp Hardback 978 0 85793 184 9 £155.00 2014 Paperback 978 1 78254 481 4 £40.00 Elgaronline 978 0 85793 185 6 Corporate Governance, Enforcement and Financial Development The Chinese Experience Ding Chen 2013 272 pp Hardback 978 1 78100 480 7 £78.00 Elgaronline 978 1 78100 481 4 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 11 Company & Corporate Law International Law Corporations, Globalisation and the Law series NEW Series editor: Janet Dine, Queen Mary, University of London, UK Human Rights and Corporate Wrongs Closing the Governance Gap NEW Corporate Social Responsibility, Private Law and Global Supply Chains Andreas Rühmkorf, University of Sheffield, UK This insightful book demonstrates that private law makes a significant contribution to the promotion of corporate social responsibility (CSR), but that with certain changes this contribution could be better. Based on the analysis of four substantive areas (company law/corporate governance, contract law, consumer law and tort law), the book covers a full range of issues that are important for CSR. These include directors’ duties, corporate reporting, the incorporation of CSR policies into the supply chain, consumer rights and the tortious liabilities of companies. Aug 2015 c 240 pp Hardback 978 1 78347 749 4 c £75.00 Elgaronline 978 1 78347 750 0 Corporate Social Responsibility in Contemporary China Simon Baughen, Swansea University, UK The effects of globalization, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by states whereby corporations from the developed world are complicit. This has led to what John Ruggie has identified as ‘governance gaps’. This book considers how these gaps may be closed, examining: the status of corporations under international law; the civil liability of corporations for their participation in international crimes; and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles. Aug 2015 c 224 pp Hardback 978 0 85793 475 8 c £70.00 Elgaronline 978 0 85793 476 5 NEW Enhancing Firm Sustainability Through Governance The Relational Corporate Governance Approach Jingchen Zhao, University of Sussex, UK Francesco de Zwart China’s recent economic transformation and integration into the world economy has coincided with increasing pressure for corporate law reform to make corporate social responsibility (CSR) integral to business and management strategy in China. This timely book critically analyses contemporary notions of CSR in China, discussing theory and practice alongside legal responses in this emerging field. July 2015 c 304 pp Hardback 978 1 78471 551 9 c £80.00 Elgaronline 978 1 78471 552 6 The Nature of Corporate Governance The Significance of National Cultural Identity 2014 328 pp Hardback 978 1 78100 557 6 £85.00 Elgaronline 978 1 78100 558 3 Janet Dine and Marios Koutsias Directors’ Duties and Shareholder Litigation in the Wake of the Financial Crisis Edited by Joan Loughrey 2013 392 pp Hardback 978 1 84542 700 9 £88.00 Elgaronline 978 1 78100 612 2 Governance of Distressed Firms 2012 272 pp Hardback 978 0 85793 965 4 £73.00 Elgaronline 978 0 85793 966 1 David Milman 2013 224 pp Hardback 978 1 78100 018 2 £78.00 Elgaronline 978 1 78100 019 9 Business Innovation and the Law Perspectives from Intellectual Property, Labour, Competition and Corporate Law Corporate Compliance New Approaches to Regulatory Enforcement Edited by Marilyn Pittard, Ann L. Monotti and John Duns Sharon Oded 2013 528 pp Hardback 978 1 78100 161 5 £103.00 Elgaronline 978 1 78100 162 2 2013 336 pp Hardback 978 1 78195 474 4 £93.00 Elgaronline 978 1 78195 475 1 New Horizons in Law and Economics series Corporate Income Taxation in Europe The Common Consolidated Corporate Tax Base (CCCTB) and Third Countries ALSO OF INTEREST: The Foreign Corrupt Practices Act in a New Era Mike Koehler see page 19 Edited by Michael Lang, Pasquale Pistone, Josef Schuch, Claus Staringer and Alfred Storck The Successes and Failures of Whistleblower Laws Robert G. Vaughn see page 21 2013 384 pp Hardback 978 1 78254 541 5 £98.00 Elgaronline 978 1 78254 542 2 12 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I Research Handbook on the Economics of Corporate Law Edited by Claire A. Hill and Brett H. McDonnell see page 64 Business Regulation Edited by Edward J. Balleisen see page 70 For our electronic content, visit: www.elgaronline.com Commercial & Contract Law NEW TEXTBOOK • See page 5 for inspection copy details NEW KEY TITLE Contract Law Rethinking Contract Law and Contract Design A Comparative Introduction Victor P. Goldberg, Columbia University, US Jan M. Smits, Maastricht University, the Netherlands ok This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. Te xt bo ‘With Contract Law: A Comparative Introduction, Jan Smits again demonstrates why he is one of the best and most creative scholars in the area of private law. Professor Smits is able to balance breadth and depth of coverage to produce a valuable introductory book, which helps fill a tremendous need and void in the literature. The book’s mission as a self-described academic textbook is served at the highest level of analysis and elucidation. Its use of a wide array of civil, common, and international sources makes it not only a great textbook, but a valuable piece of scholarship for novice and scholar alike.’ – Larry Di Matteo, University of Florida, US ‘Contract Law: A Comparative Introduction may be recommended to beginners and advanced readers – both will find it very interesting and useful. Although the author discusses all relevant issues, the book remains very user-friendly as it explains all ideas in a comprehensive yet concise manner. Moreover, it is written in a clear and easily understandable language that is essential particularly for non English native speakers. Finally, the book is a first class textbook for any comparative contract law courses.’ – Konrad Osajda, University of Warsaw, Studies & Analyses Office, Supreme Court of Poland Unlike most other texts – which tend either to introduce students to the national contract law of their own country, or else to offer global and comparative perspectives to advanced students already familiar with the basics – this book offers a unique introduction to contract law by means of a comparative approach. It treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. – Steven J. Burton, The University of Iowa, US Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyze and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts while conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks. Series no. 1 Feb 2015 c 304 pp Hardback 978 1 78347 153 9 £80.00 Elgaronline 978 1 78347 154 6 Rethinking Law series TEXTBOOK • See page 5 for inspection copy details Law of Obligations Geoffrey Samuel, Kent Law School, UK and Sciences-Po, Paris, France This comprehensive book provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. ‘Professor Samuel has drawn on his extensive knowledge of several legal systems to produce a valuable and timely work of comparative law. Many aspects of private law are examined from a common law and from a civil law perspective and in the light of modern European harmonisation documents. This is essential reading for common lawyers seeking to understand the civil law, for civilians seeking to understand the common law, and offers to both groups a better understanding of their own systems.’ ok Perfectly pitched for international students and courses with a global outlook, Contract Law: A Comparative Introduction puts contract law in context by discussing empirical and economic insights. ‘In this volume, Victor Goldberg reassesses a collection of key contract law doctrines, largely through original economic analyses of wellknown cases involving sophisticated parties. The results are thoughtful and provocative. They leave the impression that the law might produce more efficient consequences if contractual liability were more restrictive. Contracts teachers may well teach these and other cases differently after reading Goldberg’s essays.’ • Introduces key principles by comparing solutions from different jurisdictions. • Wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law. • Discusses economic and empirical approaches where appropriate. • Focus on legal method as well as substantive law. • Innovative design uses text boxes, colour and graphics, making it an attractive tool for studying. 2014 288 pp Paperback 978 1 78347 852 1 £29.95 2014 Hardback 978 1 78347 850 7 £110.00 eBook 978 1 78347 851 4 THOMSON REUTERS’ BOOK CITATION INDEX We were one of the first publishers to agree to include book titles in the new Thomson Reuters’ Book Citation Index. Historically, only leading journals and conference proceedings have been included in the citation index. The index is accessed through the Thomson Reuters’ Web of Knowledge research platform by 20 million users across 3,800 research institutions in 90 countries. We expect that this initiative will increase the visibility of Elgar books and help to ensure that citations to your work in our books are fully recognized. We welcome our authors to contact their commissioning editor for more information. Te xt bo Key features: – Stephen Waddams, University of Toronto, Canada ‘This book presents a brilliant account of the most important and current doctrines of tort and contract law, as well as some central aspects of unjust enrichment and remedies. Professor Geoffrey Samuel guides the reader with disconcerting ease and sophistication through the essential substance of the law of obligations. With the help of legal history and theory, he also analyses the specificity of English law as compared to the civil law and warns against the dangers of transplanting without care categories and concepts from one place to the other. In doing so, Professor Samuel offers a fundamental contribution to the understanding of the currently much debated Europeanization of private law. Law students and scholars as well as practitioners will very much enjoy the compelling sharpness of the analysis and the clarity of the language.’ – Franz Werro, Centre of Transnational Legal Studies, London, UK The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the ‘harmonisation debate’; should the law of obligations be harmonised at a European – or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology. 2011 400 pp Paperback 978 1 84980 059 4 £32.00 2010 Hardback 978 1 84844 764 6 £109.00 eBook 978 1 84980 349 6 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 13 Commercial & Contract Law Comparative Law NEW International Exchange of Information in Tax Matters Towards Global Transparency Xavier Oberson, Oberson Avocats, Geneva, Switzerland ‘This is an outstanding book on a truly important topic. Exchange of tax information has become the most fast changing and cutting edge area in international tax law, with implications far beyond tax to privacy rights and to the meaning of sovereignty in a globalized world. Professor Oberson does a magnificent job in covering the area from all its aspects. This is a must read for academics, policy makers and practitioners alike.’ Featured series Studies in Comparative Law and Legal Culture series Research Handbooks in Comparative Law series Series editors: Francesco Parisi, University of Minnesota, US and University of Bologna, Italy and Tom Ginsburg, University of Chicago, US To order a free copy of our Comparative Law leaflet – Reuven S. Avi-Yonah, University of Michigan Law School, US July 2015 c 240 pp Hardback 978 1 78471 471 0 c £75.00 Elgaronline 978 1 78471 472 7 Email: [email protected] Or download a copy from www.e-elgar.com NEW Informed Insurance Choice? The Insurer’s Pre-contractual Information Duties in General Consumer Insurance April 2015 c 352 pp Hardback 978 1 78471 751 3 c £90.00 Elgaronline 978 1 78471 752 0 ALSO OF INTEREST: Comparative Tort Law Edited by Mauro Bussani and Anthony Sebok see page 15 The Law and Regulation of Franchising in the EU Mark Abell see page 38 Advanced Introduction to International Tax Law Reuven S. Avi-Yonah see page 57 Research Handbook on the Economics of Insurance Law Edited by Daniel Schwarcz and Peter Siegelman see page 64 Research Handbook on the Economics of Torts Edited by Jennifer Arlen see page 64 A Short Introduction to the Common Law Geoffrey Samuel, Kent Law School, UK and Sciences-Po, Paris, France This book provides a short, accessible introduction to the English common law tradition, in particular to the civil process. ‘Geoffrey Samuel’s distinctive approach is to present the English common law in the light of its history and its dominant ideas. A student will learn not only what are the major rules of private law and civil law procedure, but will grasp the spirit of the common law. He will thus learn why they exist in a particular form and how common lawyers make them work. Civilian terms are used to provide a guide for the student from a civil law system to understand the initially strange terms and approaches of the common lawyer. This book is clear and insightful. It should be read particularly by Masters students and those embarking on a doctorate involving study of the common law.’ ok – From the foreword by Malcolm A Clarke ‘This book is an important contribution to a question that has received little analysis hitherto, namely what are, and what is the effect of, the duties imposed on an insurer to provide information to prospective policyholders. As well as original analysis of English, German and prospective European law, and with insights from law and economics, it makes some key recommendations. It should be read by all academics, policymakers, professionals and regulators with an interest in insurance law.’ – John Birds, University of Manchester, UK. NEW TEXTBOOK • See page 5 for inspection copy details bo ‘The serious reader will find here a first class monograph, well-structured and scholarly, with a clear perspective on some important issues arising in the law of insurance contracts today.’ Te xt Leander D. Loacker, University of Zurich, Switzerland – John Bell, Pembroke College, UK ‘Geoffrey Samuel’s A Short Introduction to the Common Law published by Edward Elgar, is a book every student of English law should read – and certainly any continental lawyer or jurist coming from a civil law tradition will undoubtedly find the English common law easier to understand after having read this book. . . Any student of the common law should make this book an obligatory purchase.’ – Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine ‘With his longstanding teaching activities in civil law countries, his obvious deep knowledge of the historical roots of civil and common law, Geoffrey Samuel offers here a book which should be pressed into every hands across the civil law world. Finally, we get here an introduction to the common law truly written for civilian lawyers and students, which is easy to understand and thoughtful. A brilliant piece for which the author should be praised.’ – Pascal Pichonnaz, University of Fribourg, Switzerland Elgarblog Scepticism, Rationalism and ‘the Romantic Law School of Maastricht’ – An interview with Jan Smits Details of Jan Smits’ new book ‘Contract Law: A Comparative Introduction’ can be found on page 13 www.elgarblog.wordpress.com 14 To order, telephone: +44 1235 465500 I ‘Common law has remained enigmatic for lawyers from the civil law legal culture. This book presents a wonderfully compact introduction to the English common law and explains concisely why it is as it is today. Geoffrey Samuel offers insightful and scholarly first-rate representation of those characteristics which stand out for the civil law lawyer. Clarifying and supporting diagrams are especially helpful for non-common law lawyers. Samuel’s A Short Introduction to the Common Law is highly recommended for anyone looking for clear and fluently written basic insight into the common law and its historical foundation.’ – Jaakko Husa, University of Lapland, Finland 2014 208 pp Paperback 978 1 78254 950 5 £25.00 2013 Hardback 978 1 78254 637 5 £73.00 eBook 978 1 78254 638 2 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Comparative Law International Research Handbooks in Comparative Law series NEW Series editors: Francesco Parisi, University of Minnesota, US and University of Bologna, Italy and Tom Ginsburg, University of Chicago, US Comparative Labor Law The volumes in this series offer high-level discussion and analysis on particular aspects of legal systems and the law. Well-known scholars edit each handbook and bring together accessible yet sophisticated contributions from an international cast of top researchers. The first series of its kind to cover a wide range of comparative issues so comprehensively, this is an indispensable resource for students and scholars alike. NEW Edited by Matthew W. Finkin, University of Illinois, US and Guy Mundlak, Tel Aviv University, Israel Economic pressure and corporate policies, both transnational and domestic, have placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries, drawing on a rich variety of comparative methods to capture changes in different countries and regions, emerging trends and national divergences. May 2015 c 512 pp Hardback 978 1 78100 012 0 c £150.00 Elgaronline 978 1 78100 013 7 Comparative Tort Law Global Perspectives Edited by Mauro Bussani, Universita di Trieste, Italy and Anthony Sebok, Yeshiva University, US Comparative Tort Law provides a framework for analyzing and understanding the current state of tort law in what are conventionally called “Western” and “non-Western” countries. The book examines tort law theories and cultures. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. Further, the volume provides insightful case studies by analyzing specific features of selected tort systems in Europe, the US, Latin America, East Asia, and sub-Saharan Africa. June 2015 c 500 pp Hardback 978 1 84980 141 6 c £150.00 Elgaronline 978 1 78471 813 8 NEW Comparative Competition Law Edited by John Duns, Brendan Sweeney, Monash University and Arlen Duke, University of Melbourne, Australia Comparative Competition Law examines the key global issues facing competition law and policy. Taken together, the specially commissioned, original chapters by leading writers from the United States, Europe, Japan and Australia provide a synthesis of how these current issues are dealt with by drawing on approaches taken in different jurisdictions. Sept 2015 c 500 pp Hardback 978 1 84980 419 6 c £150.00 NEW Comparative Law and Regulation Comparative Law and Society Edited by Francesca Bignami, The George Washington University Law School and David Zaring, University of Pennsylvania, US Edited by David S. Clark, Willamette University, US Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations. Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative Handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. Aug 2015 c 512 pp Hardback 978 1 78254 560 6 c £150.00 Elgaronline 978 1 78254 561 3 2012 480 pp Hardback 978 1 84980 361 8 £140.00 2014 Paperback 978 1 78195 543 7 £40.00 Elgaronline 978 1 78100 609 2 NEW Comparative Law and Economics Methods of Comparative Law Edited by Giovanni B. Ramello, Università del Piemonte Orientale and International Programme IEL – Institutions, Economics and Law, Italy and the late Theodore Eisenberg, Cornell University, US Edited by Pier Giuseppe Monateri, International Academy of Comparative Law of New York, US and University of Turin, Italy Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. The extension to many idiosyncratic topics and issues that sometime lie outside the traditional domain of the discipline have fostered the emergence of a new consciousness better grasped by a comparative approach. The original contributions to this Research Handbook provide a glimpse of the new perspectives that enrich the law and economics methodology. ‘Extensively footnoted throughout, the book takes its place as part of Elgar’s Research Handbooks in Comparative Law series – the first of its kind, apparently, to cover such a broad range of comparative law issues. The orientation is global; the approach scholarly. This is a book which will no doubt interest the worldwide community of law academics and academic lawyers. Offering up some of the latest thinking on this subject, it contains much food for thought.’ June 2015 c 512 pp Hardback 978 0 85793 257 0 c £150.00 Elgaronline 978 0 85793 258 7 – Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The Handbook promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Comparative Constitutional Law Edited by Tom Ginsburg and Rosalind Dixon (see page 17) Comparative Criminal Procedure Edited by Jacqueline Ross and Stephen Thaman (see page 18) 2012 352 pp Hardback 978 1 84980 252 9 £119.00 2013 Paperback 978 1 78100 653 5 £35.00 Elgaronline 978 1 78100 511 8 To order, telephone: +44 1235 465500 ALSO IN THIS SERIES: I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 15 International Law Comparative Law Constitutional & Administrative Law RESEARCH COLLECTION Featured series Classics in Comparative Law Elgar Monographs in Constitutional and Administrative Law series Edited by Tom Ginsburg, University of Chicago, US, Pier Giuseppe Monateri, International Academy of Comparative Law of New York, US and University of Turin, Italy and Francesco Parisi, University of Minnesota, US and University of Bologna, Italy Series editors: Rosalind Dixon, University of New South Wales, Australia, Susan Rose-Ackerman, Yale University and Mark Tushnet, Harvard University, US NEW Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an original introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law. 76 articles, dating from 1903 to 2010 Contributors include: P.S. Atiyah, G. Calabresi, M. Damaška, J. Elster, L. Fuller, H. Kelsen, K. Llewellyn, R. Posner, R. Pound, A. Watson a Comparative Perspective Sofia Ranchordás, Tilburg University, the Netherlands ‘This rigorous and comprehensive study sheds light on an underappreciated tool of legal regulation. Using a comparative perspective that seamlessly integrates jurisprudential and policy analysis, Ranchordás has made a major contribution to our understanding of the interaction of law and time.’ – Tom Ginsburg, University of Chicago Law School, US Four volume set 2014 2,800 pp Hardback 978 0 85793 491 8 £815.00 ‘Sofia Ranchordás has produced a deeply researched comparative study full of illuminating examples and rich insights into the phenomenon of sunset clauses and experimental legislation and regulation. . . a great resource to legal scholars, social scientists and historians who seek to understand the changing nature of the legislative function, as well as the crucial normative issues it raises.’ – Peter L. Lindseth, University of Connecticut School of Law, US Elgar Encyclopedia of Comparative Law, Second Edition Edited by Jan M. Smits, Maastricht University, the Netherlands 2014 256 pp Hardback 978 1 78347 894 1 £75.00 Elgaronline 978 1 78347 895 8 Acclaim for the first edition: Elgar Monographs in Constitutional and Administrative Law series ‘An excellent comprehensive overview of the current state of affairs in comparative law. Highly recommended.’ – J.E. Stephens, Choice NEW IN PAPERBACK Political Technology and the Erosion of the Rule of Law ‘A great advance of comparative law scholarship.’ – Alan Watson, University of Georgia, US ‘This is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar’s. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.’ – Sally Ramage, The Criminal Lawyer With updated contributions and several new entries, the second edition of this unique Encyclopedia cements its reputation as the authoritative reference work and an indispensable resource in the field. Wide-ranging and comprehensive in scope, with entries written by noted specialists, the book’s range takes in articles on the nature and methodology of comparative law, as well as on specific areas of law (such as administrative law and criminal law) and substantive topics (from accident compensation to unjustified enrichment). In addition, the Encyclopedia contains articles on a selected set of countries’ legal systems and as a whole presents overviews of the current state of affairs. 2012 1,024 pp Hardback 978 1 84980 415 8 £222.00 2014 Paperback 978 1 78254 037 3 £47.50 Elgaronline 978 1 78100 610 8 Normalizing the State of Exception Günter Frankenberg, Goethe University, Germany ‘Books abound on the question whether states of emergency can be legally controlled. But Frankenberg’s account stands out because of his mastery of the political and legal contexts in which the terms of the debate about states of emergency were framed for us – the situation of Weimar and the constitutional reaction in postwar Germany. In addition, Frankenberg has an astonishing command of the history of political theory from Hobbes to the present. His innovative but scholarly analyses permit him to construct a narrative about the potential of the rule of law to respond to emergencies that includes detailed examinations of Schmitt, Foucault, Habermas, Agamben, and many others. His treatments of these figures seek to draw out the genuine insights they might offer, so that, even though none of the figures escapes the force of his criticism, his argument will challenge the assumptions of all involved in the debate.’ – David Dyzenhaus, University of Toronto, Canada 2014 320 pp Hardback 978 1 78347 250 5 £85.00 2015 Paperback 978 1 78347 251 2 £25.00 Elgaronline 978 1 78347 252 9 Elgar Monographs in Constitutional and Administrative Law series ALSO OF INTEREST: Advanced Introduction to Comparative Constitutional Law Mark Tushnet see page 17 Constitutional Sunsets and Experimental Legislation Comparative Criminal Procedure Edited by Jacqueline Ross and Stephen Thaman see page 18 Comparative Constitutional Law Edited by Tom Ginsburg and Rosalind Dixon see page 17 Order from Transfer Comparative Constitutional Design and Legal Culture Edited by Günter Frankenberg 2013 384 pp Hardback 978 1 78195 210 8 £93.00 Elgaronline 978 1 78195 211 5 Studies in Comparative Law and Legal Culture series 16 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Constitutional & Administrative Law NEW ELGAR ADVANCED INTRODUCTIONS Japan and Civil Jury Trials The Convergence of Forces Matthew J. Wilson, University of Akron, Hiroshi Fukurai, University of California at Santa Cruz, US and Takashi Maruta, Kwansei Gakuin University Law School, Japan As societies around the world increasingly face complex challenges, effective solutions are at a premium. In response, reformers have advanced varied forms of jury systems as means of fostering positive political, economic, and social change. Many countries have recently integrated lay participation into their justice systems to effect fundamental societal change, advance public policymaking, and manifest popular sovereignty. This book showcases Japan’s successes and challenges in recently adopting a quasi-jury system for serious criminal trials, and advocates that the convergence of various forces makes this an ideal time for Japan to expand lay participation into the civil realm. Aug 2015 c 224 pp Hardback 978 1 78347 918 4 c £70.00 Elgaronline 978 1 78347 919 1 Comparative Constitutional Law in Asia Edited by Rosalind Dixon, University of New South Wales, Australia and Tom Ginsburg, University of Chicago, US Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions. Elgar Advanced Introductions are available for inspection, Please email: [email protected] (terms and conditions apply, more details on page 4) Advanced Introduction to Comparative Constitutional Law Mark Tushnet, Harvard University, US ‘Professor Tushnet provides an insightful overview of cutting-edge issues arising in comparative constitutional law. From changes in the conception of the separation of powers to approaches to the adjudication of the limits on fundamental rights, Tushnet offers both a snapshot of the current debates as well as a critical engagement with them. The book manages to accomplish the daunting feat of appealing to the serious scholar of comparative constitutional law as well as being accessible to those who are beginning their exploration of this field. It also fuses recent scholarship in political science literature and constitutional law in an illuminating combination.’ – David Bilchitz, University of Johannesburg and Director, SA Institute for Advanced Constitutional Law, South Africa ‘With this brilliant, well-composed book, Mark Tushnet once again demonstrates his eminent scholarship and his unique combination of constitutional theory and realism. He presents a fascinating conversation among the leading voices in the field and illuminates some of the standard themes and problems of comparative constitutional law [constitutionmaking, judicial review, rights and structures of government]. This is an “Advanced Introduction” and more: an elegantly written summary of liberal constitutionalism.’ 2014 368 pp Hardback 978 1 78100 269 8 £90.00 Elgaronline 978 1 78100 270 4 – Günter Frankenberg, Goethe University Frankfurt, Germany Comparative Constitutional Law ‘A short book that packs a great deal for different audiences and should be an indispensable resource for students as well as scholars in this rapidly expanding field. On one level, the book provides a clear and succinct introduction perfectly fit for the novice. On another level, Tushnet provides a magisterial compact synthesis of the major issues debated in the field that is bound to enlighten and provoke the specialist.’ Edited by Tom Ginsburg and Rosalind Dixon 2011 680 pp Hardback 978 1 84844 539 0 £187.00 2012 Paperback 978 0 85793 078 1 £49.00 Elgaronline 978 0 85793 121 4 – Michel Rosenfeld, Cardozo School of Law,Yeshiva University, US ‘In this short book, Tushnet provides an authoritative review of the growing literature on comparative constitutional law. As the book title suggests, this is an “advanced introduction” and requires some prior familiarity with the topic. This book, however, is much more than a review of the existing literature and is a must read for both newcomers and those with more experience in the field.’ – H. Shambayati, Choice Research Handbooks in Comparative Law series Secrecy, National Security and the Vindication of Constitutional Law ‘Mark Tushnet has drawn on his considerable knowledge of a wide variety of constitutional arrangements, coupled with at least a decade of reflection on current practice and likely trends. . . The work makes comparative constitutional law eminently accessible to relative newcomers to the field. Experienced comparativists will also find that it offers insights.’ Edited by David Cole, Federico Fabbrini and Arianna Vedaschi 2013 368 pp Hardback 978 1 78195 385 3 £93.00 Elgaronline 978 1 78195 386 0 – Cheryl Saunders, Melbourne Law School, Australia Mark Tushnet, a world-renowned scholar of constitutional law, presents an introduction to comparative constitutional law through an analysis of topics at the cutting-edge of contemporary scholarship. His authoritative study investigates constitution making, including the problem of unconstitutional constitutional amendments; recent developments in forms of constitutional review, including ‘the battle of the courts’; proportionality analysis and its alternatives; and the emergence of a new ‘transparency’ branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world. Law and the Limits of Government Temporary versus Permanent Legislation Frank Fagan 2014 144 pp Paperback 978 1 78347 351 9 £15.95 2014 Hardback 978 1 78100 731 0 £65.00 eBook 978 1 78100 732 7 2013 168 pp Hardback 978 0 85793 865 7 £73.00 Elgaronline 978 0 85793 866 4 To order, telephone: +44 1235 465500 Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Choice Outstanding Academic Title for 2014 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 17 Crime & Corruption International Law NEW NEW Comparative Criminal Procedure Financial Crime and Gambling in a Virtual World Edited by Jacqueline Ross, University of Illinois, College of Law and Stephen Thaman, Saint Louis University, School of Law, US Comparative Criminal Procedure explores the ways in which jury trials, protection for fundamental rights, and plea bargaining complicate the search for truth across a number of different legal systems. It examines alternatives to the criminal process, including the use of intelligence operations and national security legislation to forge a special regime for the investigation of terrorist offenses. Expert contributions compare fundamental protections for privacy across a range of systems; contrast the role of juries and lay assessors at trial; and explore the role of reason-giving, screening mechanisms, and discretion in shaping the decision-making process before, during, and after trial. Oct 2015 c 512 pp Hardback 978 1 78100 718 1 c £150.00 Elgaronline 978 1 78100 719 8 Research Handbooks in Comparative Law series A New Frontier in Cybercrime Clare Chambers-Jones, with Henry Hillman, University of the West of England, UK ‘This book is a comprehensive, highly detailed review of cybercrime and the issues raised by gambling in virtual environments. It makes an excellent contribution to the evolving discussion about the risks and controls relating to these activities. I would highly recommend it to anyone interested in financial crime and virtual environments from an international perspective.’ – Liz Falconer, University of the West of England, UK In this unique book, the authors examine the relationship between real world legislation and new advancements in technology, showing how this can lead to loopholes in legislative protection. They draw on empirical research to highlight the jurisprudential issues relating to economic internet crime and digital currencies. Criminal Judges Legitimacy, Courts and State-Induced Guilty Pleas in Britain 2014 208 pp Hardback 978 1 78254 519 4 £70.00 Elgaronline 978 1 78254 520 0 Mike McConville and Luke Marsh, The Chinese University of Hong Kong ‘In this important book, two knowledgeable and perceptive observers offer a damning indictment of British criminal justice. McConville and Marsh repeatedly skewer the pious pronouncements of panglossian judges with down-to-earth views of the assembly line. They describe a world of state-induced guilty pleas in which defendants are subjected to extraordinary pressure to “freely” and “voluntarily” bring about their own convictions, and they explain how this world came into being. These authors tell it like it is.’ – Albert W. Alschuler, The University of Chicago, US ‘McConville and Marsh mount a powerful attack on the institutions of criminal justice: they examine a range of practices known as ‘plea-bargaining’ in the broader context of policing and the work of the CPS, defence solicitors and the Bar. Their detailed and historically-grounded study challenges the role of the courts in developing and refining the procedural framework for the guilty plea discount, and raises questions about the claim of the judiciary to be guardians of the right to a fair trial. A disturbing book for criminal justice.’ – Andrew Ashworth, University of Oxford, UK 2014 320 pp Hardback 978 1 78254 891 1 £85.00 Elgaronline 978 1 78254 892 8 NEW IN PAPERBACK Research Handbook on Money Laundering Edited by Brigitte Unger, Utrecht University School of Economics, the Netherlands and Institute of Economic and Social Research WSI in Duesseldorf, Germany and Daan van der Linde, Utrecht University School of Economics, the Netherlands Although the practice of disguising the illicit origins of money dates back thousands of years, the concept of money laundering as a multidisciplinary topic with social, economic, political and regulatory implications has only gained prominence since the 1980s. This groundbreaking volume offers original, state-of-the-art research on the current money laundering debate and provides insightful predictions and recommendations for future developments in the field. 2013 520 pp Hardback 978 0 85793 399 7 £155.00 Feb 2015 Paperback 978 1 78254 587 3 c £40.00 Elgaronline 978 0 85793 400 0 The Financial Crisis and White Collar Crime The Perfect Storm? Elgarblog Nicholas Ryder, University of the West of England, UK ‘In this well-researched and thoughtful new book, Nic Ryder makes a strong case for thinking more about the role of white collar crime in causing the financial crisis, and why prosecution has not been a bigger part (particularly in the UK) of the authorities’ responses to it.’ Crime and Gambling in a Virtual World By Clare Chambers-Jones – Peter Cartwright, University of Nottingham, UK Concentrating on the relationship between the 2007 financial crisis and white-collar crime in both the United States of America and the United Kingdom, this unique book asserts that such activity was an important variable that contributed towards the crisis. It also reveals a number of similarities and differences in the approach towards white-collar crime emanating from the financial crisis. 2014 352 pp Hardback 978 1 78100 099 1 £90.00 Elgaronline 978 1 78100 100 4 18 To order, telephone: +44 1235 465500 Details of ‘Financial Crime and Gambling in a Virtual World’, the new book by Clare Chambers-Jones and Henry Hillman can be found at the top of this page. The Financial Crisis and White Collar Crime – The Perfect Storm? By Nicholas Ryder Details of Professor Ryder’s new book ‘The Financial Crisis and White Collar Crime’ can be found on this page (left). www.elgarblog.wordpress.com I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Crime & Corruption The Foreign Corrupt Practices Act in a New Era NEW Genetics, Crime and Justice Debra Wilson, Canterbury University, New Zealand As our understanding of genetics increases, its use in criminal justice becomes more attractive. This book examines the use of genetic information both in criminal investigations and during the trial process. It discusses current scientific understanding and considers some potential legal, ethical and sociological issues with the use of genetic information. Topics include rights of privacy and consent in obtaining DNA samples, evidentiary issues in court, the impact of genetic evidence on punishment theory and sentencing, and genetic discrimination. Sept 2015 c 208 pp Hardback 978 1 78347 881 1 c £70.00 Elgaronline 978 1 78347 882 8 Mike Koehler, Southern Illinois University, School of Law, US ‘An excellent and thought-provoking book by a great expert. Backed up by rigorous analysis of cases, Professor Koehler constantly challenges those involved in anti-corruption work by asking the question “why?” He puts forward many constructive and well-argued suggestions for improvements that need to be considered. I have learned a lot from Professor Koehler over the years and I can thoroughly recommend this book.’ – Richard Aderman, Former Director of the UK Serious Fraud Office 2014 416 pp Hardback 978 1 78195 440 9 £100.00 Elgaronline 978 1 78195 441 6 NEW RESEARCH COLLECTION Police Corruption: Essential Readings Combating Corruption Edited by Leslie Holmes, University of Melbourne, Australia, University of Bologna, Italy, Graduate School for Social Research, Poland and People’s University, China Legal Approaches to Supporting Good Governance and Integrity in Africa John Hatchard, Buckingham Law School, UK Police corruption is unquestionably one of the worst forms of corruption, as it can become a serious security issue and undermine a state’s legitimacy. This single volume brings together the most informative scholarly and practitioner contributions on the subject in recent decades. It covers major aspects of police corruption, including its significance and impact, public perceptions, the causes of corruption and the problem of police culture. It details the situation in selected countries, and explores how and with what success they have addressed the problem. 30 articles, dating from 1974 to 2012 Contributors: D. Bayley, J. Crank, S.K. Ivkovic, J. Kleinig, T. Newburn, T. Prenzler, M. Punch, J.S.T. Quah, L. Sherman, J. Skolnick 2014 712 pp Hardback 978 1 78347 556 8 £230.00 ‘This is a truly excellent book; wide-ranging, meticulous scholarship, very well written, and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important not using that legal framework to combat corruption.’ – Patrick McAuslan, Birkbeck University of London, UK 2014 416 pp Hardback 978 1 78100 436 4 £95.00 Elgaronline 978 1 78100 437 1 NEW Greed, Corruption, and the Modern State Essays in Political Economy Corruption Edited by Susan Rose-Ackerman, Yale University and Paul Lagunes, Columbia University, US Economic Analysis and International Law the late Marco Arnone, formerly of the Centre for Macroeconomics and Finance Research and Leonardo S. Borlini, Bocconi University, Italy ‘Although corruption has affected human society since its very birth with different intensity over time, it is not confined to any particular geographic region, country, social or political system or culture. Recently there has been widespread international determination to effectively curb such crime. Corruption: Economic Analysis and International Law by Marco Arnone and Leonardo Borlini reviews the richness and complexity of the ongoing research on corruption and shows the value of integrating a comprehensive economic understanding of its consequences and a critical assessment of the several legal instruments promoted by major intergovernmental organizations on this issue. This approach is particularly timely because, on the bright side, this book shows that economic crises may lead to greater social responsiveness in the face of attempts to drain public resources through corruption and bribery. The use of a wide range of economic models and the acute analysis of the contemporary evolution of traditional institutions belonging to the realm of international and European law represent two additional values of this work. Finally, the personal commitment of both authors to scientific research and professional activity related to public governance and anti-corruption reforms make this book a valuable source for further thought and analysis for scholars, public servants and practitioners.’ – Giorgio Sacerdoti, Professor of International and European Law, Bocconi University and former President of the WTO Appellate Body and Vice President of the OECD Working Group on Corruption What makes the control of corruption so difficult and contested? Drawing on the insights of political science, economics and law, the expert contributors to this book offer diverse perspectives. One group of chapters explores the nature of corruption in democracies and autocracies, and “reforms” that are mere facades. Other contributions examine corruption in infrastructure, tax collection, cross-border trade, and military procurement. Case studies from various regions – such as China, Peru, South Africa and New York City – anchor the analysis with real-world situations. The book pays particular attention to corruption involving international business and the domestic regulation of foreign bribery. Sept 2015 c 432 pp Hardback 978 1 78471 469 7 c £100.00 Elgaronline 978 1 78471 470 3 International Handbook on the Economics of Corruption, Volume Two Edited by Susan Rose-Ackerman and Tina Søreide 2011 624 pp Hardback 978 1 84980 251 2 £176.00 2013 Paperback 978 0 85793 760 5 £37.00 Elgaronline 978 0 85793 652 3 Available with volume 1 as a discounted two-volume set: 978 1 78100 341 1 £252.00 2014 672 pp Hardback 978 1 84980 266 6 £125.00 Elgaronline 978 1 78100 613 9 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 19 International Crime & Corruption Law Corruption and Conflicts of Interest NEW IN PAPERBACK Cybercrime in the Greater China Region A Comparative Law Approach Edited by Jean-Bernard Auby, Sciences Po, Emmanuel Breen, Paris Sorbonne University and Thomas Perroud, Paris Est University and Sciences Po, France Regulatory Responses and Crime Prevention Across the Taiwan Strait Lennon Yao-chung Chang, City University of Hong Kong ‘Lennon’s research is an important contribution to the current limited understanding of the cybercrimes and related laws/regulations and incident reporting issues across the straits between the two major economies in the Asia region. A well researched book, and highly informative with practical suggestions for enhancing visibility and cooperation to improve the overall state of cybersecurity in the region, especially between the two economies.’ – Meng-Chow Kang, Cisco Systems, China NEW IN PAPERBACK Studies in Comparative Law and Legal Culture series Brigitte Unger, Utrecht University School of Economics, the Netherlands and Institute of Economic and Social Research WSI in Düsseldorf, Germany, Joras Ferwerda, Melissa van den Broek and Ioana Deleanu, Utrecht University School of Economics, the Netherlands Corruption, Grabbing and Development Real World Challenges Edited by Tina Søreide, University of Bergen and Aled Williams, Chr. Michelsen Institute (CMI), Bergen, Norway ‘“Grabbing”, as defined by Søreide and Williams, is about more than corruption. It also includes attempts to benefit unduly at the expense of the state, including overly zealous efforts to limit taxes and regulatory costs, and to influence political choices. This fascinating collection of real-world cases, presented crisply and clearly, is organized by sector, country, political influence and international aid. It will give reformers a context for their own efforts and will help analysts trace general patterns and common pathologies.’ – Susan Rose-Ackerman, Yale University, US Official government policies against money laundering in the EU have been in place for roughly 25 years, after much concerted effort and money invested. This volume examines the anti-money laundering policy of the EU Member States in connection to the threat of money laundering they face. During a three-year study the authors analysed the policies in-depth by travelling to 27 Member States to interview over a hundred people involved in the fight against money laundering. The analysis includes an inquiry into the national supervisory architectures, a comparison of the definitions of money laundering used in practice, a breakdown of the role of Financial Intelligence Units and a cost–benefit analysis of anti-money laundering policy. 2014 264 pp Hardback 978 1 78347 276 5 £80.00 Elgaronline 978 1 78347 277 2 2013 232 pp Hardback 978 1 78254 440 1 £78.00 2014 Paperback 978 1 78347 244 4 £25.00 Elgaronline 978 1 78254 441 8 ALSO OF INTEREST: Handbook of Global Research and Practice in Corruption The Criminal Law of Competition in the UK and in the US Mark Furse see page 8 Edited by Adam Graycar and Russell G. Smith Research Handbook on Insider Trading Edited by Stephen M. Bainbridge see page 11 2011 520 pp Hardback 978 1 84980 501 8 £145.00 2013 Paperback 978 0 85793 892 3 £42.00 Elgaronline 978 1 84980 503 2 Secrecy, National Security and the Vindication of Constitutional Law Edited by David Cole, Federico Fabbrini and Arianna Vedaschi see page 17 RESEARCH COLLECTION Combating Money Laundering and Terrorism Finance: Past and Current Challenges The Successes and Failures of Whistleblower Laws Robert G. Vaughn see page 21 Edited by Navin Beekarry 2013 888 pp Hardback 978 1 84980 751 7 £294.00 To order, telephone: +44 1235 465500 2014 352 pp Hardback 978 1 78100 934 5 £90.00 Elgaronline 978 1 78100 935 2 The Economic and Legal Effectiveness of the European Union’s Anti-Money Laundering Policy 2012 272 pp Hardback 978 0 85793 667 7 £67.00 2014 Paperback 978 1 78100 565 1 £25.00 Elgaronline 978 0 85793 668 4 20 As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues. Terrorism in East and West Africa Nick Ridley see page 50 I Save up to 20% at www.e-elgar.com I International Criminal Justice Edited by Gideon Boas, William A. Schabas and Michael P. Scharf see page 55 Research Handbook on the Economics of Criminal Law Edited by Alon Harel and Keith N. Hylton see page 64 Comparative Perspectives on Criminal Justice in China Edited by Mike McConville and Eva Pils see page 66 Research Handbook on Transparency Edited by Padideh Ala’i and Robert G. Vaughn see page 71 For our electronic content, visit: www.elgaronline.com Employment Law NEW TEXTBOOK • See page 5 for inspection copy details NEW RESEARCH COLLECTION Multinational Human Resource Management and the Law International Labour Law Common Workplace Problems in Different Legal Environments This timely volume provides a selection of seminal articles analyzing and debating current key topics in the field of international labour law. In particular, the collection focuses on the central role of the International Labour Organization (ILO) in the adoption and enforcement of labour standards, as well as the normative content of ILO Conventions forming the basis for the ILO Declaration on Fundamental Principles and Rights at Work. Additional articles critically consider non-ILO mechanisms for enforcing labour standards assessing their effectiveness and practicality. The final group of articles reflect on the future of international labour law and how it is impacted by the ILO Declaration, the dialogue on human rights and changes in the nature of the labour market in a global economic system. Edited by Barbara J. Fick, University of Notre Dame Law School, US Te xt bo ok Matthew W. Finkin and Joel Cutcher-Gershenfeld, University of Illinois, US with Takashi Araki, University of Tokyo, Japan, Philipp Fischinger, Universität Regensburg, Germany, Roberto Fragale Filho, Universidade Federal Fluminense, Brazil, Andrew Stewart, University of Adelaide, Australia and Bernd Waas, Johann Wolfgang Goethe University, Germany ‘The problem-solving approach adopted in this book makes it an excellent teaching and learning tool for human resource managers and their lawyers in multinational corporations. The notes, questions and comments should stimulate research and wider discussion of key issues in modern employment law and practice.’ – Professor Sir Bob Hepple QC, University of Cambridge, UK ‘This volume presents precisely the types of problems facing HR professionals in multinational corporations and reveals the many challenges of bridging across cultures and legal systems.’ – Howard Salazar, Manager of HR Operations, Harley-Davidson Motor Company, US ‘In aligning human resource management with the legal requirements in different countries, multinational corporations have to simultaneously stay true to their corporate culture and honor the distinct cultures where they do business. This volume provides deep insights for navigating this terrain in the 21st Century.’ – Pat Canavan, Senior Vice President for Global Governance, Motorola Corporation (retired), US ‘HR professionals at multi-national employers need to understand the legal and employment context of the countries that they do business in – particularly the differences. In this book, key issues are presented via case problems across five of the major global economies, building the comparative and critical thinking skills which are essential to an effective HR leader operating in any country.’ – Andrew Bartlow, HR Director, Apollo Group, US March 2015 448 pp Paperback 978 1 78254 820 1 c £35.00 2013 Hardback 978 1 78100 411 1 £103.00 Elgaronline 978 1 78100 412 8 27 articles, dating from 1977 to 2013 Contributors include: P. Alston, B. Creightion, H. Dunning, L. Helfer, J. Hodges-Aeberhard, A. Marx, F. Maupain, H. Nielsen, E. Weisband, J. Witte Aug 2015 c 752 pp Hardback 978 1 78347 602 2 c £250.00 International Law series NEW RESEARCH COLLECTION Whistleblowing Law Edited by Robert G. Vaughn, American University, Washington College of Law, US This collection, edited by a leading authority, presents the key literature published in the last thirty years discussing the topic of whistleblowing law. The papers analyse the contours of the field, including perspectives from which to examine whistleblower laws, the issues arising in the implementation of these laws and the character of global whistleblower laws. These seminal works further provide an introduction to a number of disputed issues and an examination of two areas of recent interest including national security whistleblowers and financial incentives. Along with an original introduction by the editor, this two-volume set will be an invaluable source of reference to students, academics and practitioners interested in the area of whistleblowing law. 34 articles, dating from 1982 to 2014 Contributors include: A.J. Brown, K. Clark, T. Devine, T. Dworkin, L. Fisher, D. Lewis, O. Lobel, R. Moberly, N. Modesitt, S. Vladek Two volume set May 2015 c 1,264 pp Hardback 978 1 78347 256 7 c £370.00 International Handbook on Whistleblowing Research Edited by A.J. Brown, Griffith University, Australia, David Lewis, Middlesex University, UK, Richard Moberly, University of Nebraska, College of Law, US and Wim Vandekerckhove, University of Greenwich, UK NEW IN PAPERBACK The Successes and Failures of Whistleblower Laws ‘This Handbook is testament to the value of whistleblowing for democracy, with new research and existing knowledge probed with fresh and urgent questions. What is the impact of global technology on public accountability, journalism and whistleblower protection? If indifference is what really matters, is focus on retaliation misplaced? What stops those in authority from heeding whistleblowers? A vital resource for anyone fighting to protect whistleblowers anywhere to better articulate whose interests are really at stake and what needs to be done.’ – Anna Myers, lawyer and Expert Coordinator of the Whistleblowing International Network (WIN) This important Handbook offers original, cutting-edge analyses of the conceptual and practical challenges that researchers face in order to better inform the way whistleblowing is understood and confronted by organizations, regulatory authorities and governments. Robert G. Vaughn, American University Washington College of Law, US ‘Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn’s new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years.’ – Richard Moberly, University of Nebraska College of Law, US 2012 368 pp Hardback 978 1 84980 837 8 £114.00 2014 Paperback 978 1 78195 169 9 £30.00 Elgaronline 978 1 84980 838 5 2014 648 pp Hardback 978 1 78100 678 8 £185.00 Elgaronline 978 1 78100 679 5 To order, telephone: +44 1235 465500 Edited by a leading authority in the field, this collection of papers, along with an original introduction by Professor Fick, will be an invaluable source of reference for academics, researchers and practitioners working on the topic of international labour law. I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 21 Employment International Law Law Environmental & Energy Law NEW The Sustainability of the European Social Model EU Governance, Social Protection and Employment Policies in Europe Edited by Jean-Claude Barbier, Université Paris 1 Panthéon Sorbonne, France, Ralf Rogowski, University of Warwick, UK and Fabrice Colomb, Evry University, France ‘The response of European Union institutions to the Eurocrisis demonstrated their fragile and failing commitment to the role of social policy in advancing European economies and societies. The present volume, exploring the positive scope for such policies, is therefore timely and welcome. While sharply critical of much of what goes on at both EU and several national levels, the authors are constructive in tone and point the way to sustainable alternatives to neoliberalism.’ – Colin Crouch, University of Warwick, UK and External Scientific Member, Max Planck Institute for the Study of Societies, Cologne, Germany This book argues that the European Social Model can only be sustained in the current economic crisis if social and employment policies are adequately recognised as integral parts of European economic policy-making. The contributing authors investigate this hypothesis through comparative evaluations of interactions of EU economic governance with national systems of social protection. In particular they focus on two key policy areas – social services of general interest and the regulation of working time – as well as covering areas such as social inclusion, active ageing policies and job quality. By combining sociological approaches with legal analyses, the book provides unique insights and evaluation of EU methods of governance. April 2015 c 384 pp Hardback 978 1 78195 175 0 c £90.00 Elgaronline 978 1 78195 176 7 Featured series New Horizons in Environmental and Energy Law series Series editors: Kurt Deketelaere, LERU Office, Belgium and Zen Makuch, Imperial College London, UK Research Handbooks in Climate Law series Series editor: Jonathan Verschuuren, Tilburg University, the Netherlands Research Handbooks in Environmental Law series NEW The Law and Policy of Environmental Federalism A Comparative Analysis Edited by Kalyani Robbins, University of Akron, School of Law, US This book provides a comparative analysis of the various approaches to environmental federalism and a consideration of what each system might learn from the others. Each chapter focuses on a different regime, and together they offer a broad overview of the field as well as original theory and policy analysis that is sure to meaningfully contribute to our understanding of environmental federalism as well as our policy-making future. Sept 2015 c 328 pp Hardback 978 1 78347 361 8 c £85.00 Elgaronline 978 1 78347 362 5 NEW Reflexive Labour Law in the World Society Environmental Taxation and Green Fiscal Reform Ralf Rogowski Theory and Impact Edited by Larry Kreiser, Cleveland State University, US, Soocheol Lee, Meijo University, Japan, Kazuhiro Ueta, Kyoto University, Japan, Janet E. Milne, Vermont Law School, US and Hope Ashiabor, Macquarie University, Australia 2013 352 pp Hardback 978 0 85793 658 5 £93.00 Elgaronline 978 0 85793 659 2 ‘Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation.’ ALSO OF INTEREST: Business Innovation and the Law Edited by Marilyn Pittard, Ann L. Monotti and John Duns see page 12 – Nils Axel Braathen, OECD’s Environment Directorate Against a backdrop of intense political interest it is more important than ever to explore the role of fiscal policy in achieving environmental sustainability. Environmental Taxation and Green Fiscal Reform skilfully explores the various ranges of environmental and energy policies needed for an environmentally sustainable future. Comparative Labor Law Edited by Matthew W. Finkin and Guy Mundlak see page 15 EU Labour Law A.C.L. Davies see page 32 2014 336 pp Hardback 978 1 78347 816 3 £85.00 Elgaronline 978 1 78347 817 0 Critical Issues in Environmental Taxation series Managing the Legal Nexus Between Intellectual Property and Employees Edited by Lynda J. Oswald and Marisa Anne Pagnattaro see page 40 Research Handbook on Transnational Labour Law Edited by Adelle Blackett and Anne Trebilcock see page 53 Research Handbook on the Economics of Labor and Employment Law Edited by Cynthia L. Estlund and Michael L. Wachter see page 64 Market Based Instruments National Experiences in Environmental Sustainability Edited by Larry Kreiser, David Duff, Janet E. Milne and Hope Ashiabor 2013 224 pp Hardback 978 1 78254 871 3 £73.00 Elgaronline 978 1 78254 872 0 Critical Issues in Environmental Taxation series 22 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Environmental & Energy Law NEW To order a free copy of our International Energy Governance Environment & Ecology catalogue Selected Legal Issues Rafael Leal-Arcas, Andrew Filis and Ehab S. Abu Gosh, Queen Mary University of London, UK Email: [email protected] Or download a copy from www.e-elgar.com ‘International Energy Governance covers some of the most interesting and pressing areas of international energy law and policy. Eastern-Mediterranean, WTO and energy, external EU energy policy and the promotion of renewable energy and its various effects on market institutions are just examples of legal issues selected for this book. The authors provide a comprehensive account of these areas under a common theme of energy, trade and environment. This is recommended reading for international lawyers dealing with these topics.’ – Kim Talus, University of Eastern Finland TEXTBOOK • See page 5 for inspection copy ordering details The Economic Analysis of Environmental Policy and Law An Introduction Te xt bo ok Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Belgium and Göran Skogh, formerly University of Linköping, Sweden ‘This volume would make an excellent textbook for students of both introductory environmental economics and introductory environmental law. The examples of real world legal problems and environmental policies provide the student with the context within which the basic principles of microeconomics come alive. The scope of economic topics covered is broad and impressive, ranging from the notion of marginal cost to the idea of limits to growth. The authors have created a framework within which it is possible for both law students and economics students to learn from each other’s disciplines. A truly remarkable achievement.’ – Timothy M. Swanson, University College London, UK ‘Sometimes, one has to teach an introductory course, for instance to civil servants, and if you should have the task to teach environmental policy and law, this is the book to recommend. It could really not be more straightforward. . . This is a wonderful introduction, and every conscientious teacher of the subject can successfully build upon it.’ – Jürgen G. Backhaus, European Journal of Law and Economics Although many books focus on law and economics, and environmental economics, this is one of the first to combine the two topics in a fully integrated and comprehensive manner. The authors successfully bridge the gap between the disciplines of environmental law and traditional economics in a lucid and highly accessible style. The Economic Analysis of Environmental Policy and Law covers many of the recent advances in the field and attempts to integrate some of the most crucial legal and economic instruments which, in the authors’ view, have not yet been subjected to proper analysis. These include zoning, expropriation, licensing, third party liability, safety regulation, mandatory insurance and criminal sanctions. The authors pay particular attention to the interrelationships of these instruments and their various economic effects. Using a comparative law and economics methodology, they are also able to incorporate environmental law with international policy and investigate the many diverse rules of the legal system and their implementation in different countries. Crucially, the authors do not consider economics as the exclusive determinant in legal rule-making. They also highlight the need for ethical considerations and illustrate the potential limitations of pure economic analysis. The book assumes no prior knowledge of economics and will prove informative and rewarding for students of law and the social and natural sciences, especially those with an interest in environmental policy. With an extensive reference list and detailed notes on further reading material, this book will also serve as a stimulating introduction to the discipline of law and economics for environmental, political and legal practitioners. 2005 368 pp Paperback 978 1 84542 292 9 £43.00 2003 Hardback 978 1 84376 234 8 £103.00 eBook 978 1 78195 013 5 To order, telephone: +44 1235 465500 I The legal aspects at the junction of interstate energy cooperation have become increasingly important in a world that is hungry for energy security. This book focuses on selected legal issues relating to international energy governance. International law as it stands today is not well equipped to handle international energy governance issues fully. This legal deficiency affects energy security negatively. If the currently fragmented and multi-layered international energy governance regime were streamlined for greater legal cohesiveness and international political and economic cooperation, it would promote energy security. Some chapters of the book take a broader view on interstate energy cooperation, such as energy transit, energy market liberalization and energy investment. Others focus on specific areas of such cooperation, such as trade and energy; trade, environment and energy; and energy exploration and maritime delimitation disputes. The book also presents an analysis of European Union energy governance and renewable energy. 2014 576 pp Hardback 978 1 78471 149 8 £115.00 Elgaronline 978 1 78471 150 4 NEW Research Handbook on Climate Change Mitigation Law Edited by Geert Van Calster, Wim Vandenberghe and Leonie Reins, KU Leuven, Belgium ‘Van Calster, Vandenberghe and Reins have led an impressive group of specialists from around the world to deliver the definitive book on climate change mitigation. Mitigation law for all sectors (energy, industry, transport, buildings, waste, land use, forestry), as well as all relevant mitigation instruments (carbon trading, finance, litigation) are discussed in great detail and with an eye on all relevant countries and regions in the world, such as the EU, the United States, China and the other BRICS countries. This book is a valuable source of information on mitigation law and will be the starting point for any future research and decision-making on climate change mitigation.’ – Jonathan Verschuuren, Tilburg University, the Netherlands Governments around the world have been trying to find ways to reduce greenhouse gas emissions for decades. This detailed Handbook considers the spectrum of legal and market-based instruments as well as strategies and policies adopted around the world and suggests more effective, comprehensive and responsive ways of managing climate change mitigation. Jan 2015 c 776 pp Hardback 978 1 84980 380 9 £195.00 Elgaronline 978 1 84980 583 4 Research Handbooks in Environmental Law series Elgar is one of the first academic book publishers to be included in Scopus. Scopus is the largest abstract and citation database of peer-reviewed literature. At launch, Elgar titles accounted for almost 2,000 of the 25,000 books included. Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 23 Environmental & Energy Law International Law NEW The International Library of Law and the Environment series Handbook of Chinese Environmental Law Edited by Qin Tianbao, Wuhan University, China NEW RESEARCH COLLECTIONS Environmental Constitutionalism Edited by James R. May and Erin Daly, Widener University, School of Law, Delaware, US Environmental constitutionalism is a new concept for protecting local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and their procedural aspects. Designed for judges, advocates, and policy-makers as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, its challenges, and its potential for enhancing both environmental protection and constitutional governance in theory and context. 28 articles, dating from 1998 to 2013 Contributors include: A. Ansari, D. Boyd, C. Bruch, L. Ferris, P. Hassan, L. Kotze, O. Pedersen, D. Shelton. June 2015 c 972 pp Hardback 978 1 78471 168 9 c £285.00 The History and Origin of International Environmental Law Edited by Peter H. Sand, Ludwig-Maximilians University, Germany The first in an exciting new series on international environmental law, this incisive collection of 18 seminal essays traces the evolution of the subject from its early beginnings, through the formative years of the Stockholm and Rio de Janeiro UN Conferences to the contemporary ‘post-modern’ era. The articles selected provide an overview of the legal discourse that shaped the emergence of this discipline. They also illustrate how international environmental law – in a multitude of treaties, jurisprudence of courts and tribunals, and a growing body of recognized customary principles – has not only come to govern the management of our planet’s common natural resources, but has had a profound impact on the general theory and practice of international law. This Handbook provides a comprehensive review of the salient content and major developments of environmental law in transitional China. The core concepts, basic mechanisms and key challenges of Chinese environmental law are discussed, extending the frontier of understanding in this fundamental area. Previous knowledge of Chinese environmental law is built upon, taking into consideration the concerns of how to face environmental issues in the context of economic growth. Readers will gain an in-depth understanding of the nuances of environmental law in China from this extensive overview. June 2015 c 360 pp Hardback 978 0 85793 141 2 c £125.00 Elgaronline 978 0 85793 142 9 Research Handbooks in Environmental Law series Governance of Genetic Resources A Guide to Navigating the Complex Global Landscape Catherine Rhodes, University of Manchester, UK ‘This is a valuable overview of the landscape of genetic resources governance at the international level identifying key resources, issues, rules, actors and processes. The work’s key contribution is to identify interactions and connections between the different governance elements and then to systematically consider some of the cross cutting governance issues. This analysis is very clear and a welcome challenge to some of the existing orthodoxy.’ – Charles Lawson, Griffith Law School, Australia ‘This highly informative volume, organised around a clear structure, will guide newcomers as well as specialists through the labyrinth of what looks like, at first sight, a very technical and complicated issue. While building in details on the case of the genetic resources’ institutional complex, already covered by former studies because of its distinctive features, this book provides the reader with updated information and interesting insights for its understanding and management.’ – Amandine Orsini, Université Saint-Louis, Brussels, Belgium 18 Articles, dating from 1915–2011 Contributors include: P.W. Birnie, S. McCaffrey, M.J. Glennon , R.L. Meyer, K. Raustiala, J.L. Sax, L.B. Sohn, C.D. Stone and J.B. Wiener. 2013 272 pp Hardback 978 1 78100 699 3 £83.00 Elgaronline 978 1 78100 700 6 April 2015 c 960 pp Hardback 978 1 78347 566 7 c £280.00 Climate Change and Indigenous Peoples The Search for Legal Remedies RESEARCH COLLECTION Edited by Randall S. Abate, Florida A&M University, College of Law and Elizabeth Ann Kronk Warner, University of Kansas, School of Law, US Environmental Regulation Edited by John McEldowney, University of Warwick and Sharron McEldowney, University of Westminster, UK Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA’s regulatory styles, environmental regulation today has much in common with both traditions. 34 articles, dating from 1986 to 2012 Contributors include: J. Black, R. Brownsword, P. Cullet, E. Fisher, N. Gunningham, J. Holder, M. Lee, M.C. Lemos, P. Lowe, R. MacRory, O.W. Pederson, T. Prosser, B. Richardson, C. Scott, J. Scott, D. Vogel 2014 924 pp Hardback 978 0 85793 820 6 £295.00 24 To order, telephone: +44 1235 465500 I ‘It is one of the world’s cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.’ – Michael B. Gerrard, Columbia Law School, US 2013 616 pp Hardback 978 1 78100 179 0 £145.00 2013 Paperback 978 1 78347 417 2 £35.00 Elgaronline 978 1 78100 180 6 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Environmental & Energy Law Law and Policy of the European Gas Market NEW RESEARCH COLLECTION International Water Law Monica Waloszyk, University of Aberdeen, UK Edited by Laurence Boisson de Chazournes, The World Bank, US and Mara Tignino, University of Geneva, Switzerland ‘It is rare to find an analysis as clear-sighted of the energy market regulation in Europe taking into account legal, regulatory and (geo-)political aspects. Congratulations to this contribution to the debate about regulating energy markets in the future.’ – Herwig C. H. Hofmann, Professor of European and Transnational Public Law ‘Addressing institutions and laws for European gas market integration, Waloszyk’s work is a very useful study of a complex energy sub-market. It offers a transparent, systematic ordering of actors and interests – suppliers, distributors, consumers, the EU, Member States, non-EU states – and covers energy relations, market design, and regulatory choice. Her mainly legal focus incorporates diverse policy, (geo-)political and economic reflections in a solid, thoughtful, interesting, highly readable treatment, valuable to many actors in this area of EU policy.’ – Gerard C. Rowe, Europa-Universitaet Viadrina, Germany This collection brings together writings from leading water law experts in 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 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 and students, and with an original introduction by the editors, this title includes all the seminal articles in the area to provide an invaluable and essential research tool. 33 Articles, dating from 1991–2013 Contributors include: S. Bariatti, G. Dinwoodie, J. Ginsburg, C. Heinze, A. Kur, A. Metzger, P. de Miguel, M. Trimble and G. Westcamp. Two volume set Sept 2015 c 1,269 pp Hardback 978 1 78347 605 3 c £370.00 International Law series 2014 384 pp Hardback 978 1 78347 346 5 £95.00 Elgaronline 978 1 78347 347 2 Justice for Future Generations Choosing a Future Climate Change and International Law The Social and Legal Aspects of Climate Change Peter Lawrence, Ph.D, University of Tasmania, Australia Edited by Anna Grear, Cardiff Law School, UK, University of Waikato, New Zealand and Global Network for the Study of Human Rights and the Environment (GNHRE) and Conor Gearty, London School of Economics, UK ‘Congratulations to the editors, Anna Grear and Conor Gearty, on Choosing a Future: The Social and Legal Aspects of Climate Change. It is a fine publication and a superb contribution to a growing evidence base to support climate justice. I appreciate the hard work and dedication that went into such an ambitious publication; one that will certainly inform ongoing discussions on how to remedy the climate crisis. The focus as we approach 2015 must be on how to solve the climate crisis is a way that is fair and informed by human rights. This is the only approach that will ensure that climate actions are good for the planet and for people. This publication—and the Journal of Human Rights and the Environment generally—is a great contribution to the international discourse’ – Mary Robinson, Director of the Mary Robinson Foundation — Climate Justice 2014 160 pp Hardback 978 1 78347 723 4 £65.00 Elgaronline 978 1 78471 190 0 A Special Issue of the Journal of Human Rights and the Environment (see page 47) ‘Human-induced climate change is the most fiendish legal and policy problem ever faced by humanity, and our very survival as a species hinges on whether we respond effectively to it. Those who will feel the most acute effects of climate change will be our future generations. In this groundbreaking work, Peter Lawrence sets out the case for addressing climate change today in order to safeguard the welfare of future generations. Lawrence explains that this is not just an imperative of morality, or of survival, but is in fact a mandate of justice. Drawing on a wide range of philosophical and jurisprudential thinking, Lawrence distils core principles of justice to animate our efforts to mitigate climate change. This is an immensely important work, that will have a significant influence on how societies and governments conceptualise and respond to the climate problem.’ – Timothy Stephens, University of Sydney, Australia Justice for Future Generations breaks new ground by discussing what ethical obligations current generations have towards future generations in addressing the threat of climate change and how such obligations should be embodied in international law. 2014 256 pp Hardback 978 0 85793 415 4 £75.00 Elgaronline 978 0 85793 416 1 Polar Geopolitics? Knowledges, Resources and Legal Regimes Elgarblog Edited by Richard C. Powell, Oxford University and Klaus Dodds, Royal Holloway, University of London, UK An Atmospheric Trust to Protect the Environment for Future Generations? Reforming Global Human Rights Law ‘This is a strong, balanced and provocative collection that is truly more than the sum of its parts, thanks to well-informed editorial hands. I am sure that this volume will become a standard reference in future discussions of polar geopolitics, for many years to come. This is a very valuable book.’ By Peter Lawrence Details of Peter Lawrence’s book ‘Justice for Future Generations’ can be found above. – Frances D. Abele, Carleton University, Canada The polar regions (the Arctic and Antarctic) have enjoyed widespread public attention in recent years, as issues of conservation, sustainability, resource speculation and geopolitical manoeuvring have all garnered considerable international media interest. This critical collection of new and original papers – the first of its kind – offers a comprehensive exploration of these and other topics, consolidating the emergent field of polar geopolitics. 2014 336 pp Hardback 978 1 78100 940 6 £90.00 Elgaronline 978 1 78100 941 3 To order, telephone: +44 1235 465500 I ‘We are Here to make History’ Attending the 2014 UN Climate Summit in New York By Matthew Rimmer www.elgarblog.wordpress.com Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 25 International Law Environmental & Energy Law New Horizons in Environmental and Energy Law series NEW Series editors: Kurt Deketelaere, LERU Office, Belgium and Zen Makuch, Imperial College London, UK Regional Environmental Law Environmental law – including the pressing considerations of energy law and climate change – is an increasingly important area of legal research and practice. Given the growing interdependence of global society and the significant steps being made towards environmental protection and energy efficiency, there are few people untouched by environmental and energy lawmaking processes. Edited by Werner Scholtz, University of the Western Cape, South Africa and Jonathan Verschuuren, Tilburg University, the Netherlands At the same time, environmental and energy law is at a crossroads. The command and control methodology that evolved in the 1960s and 1970s for air, land and water protection may have reached the limit of its environmental protection achievements. New life needs to be injected into our environmental protection regimes – perhaps through the concept of sustainability in its environmental, economic and social forms. The same goes for energy policy and law, where liberalisation, environmental protection and security of supply are at the centre of attention. This series seeks to press forward the boundaries of environmental and energy law through innovative research into environmental and energy law, doctrine and case law. Adopting a wide interpretation of environmental and energy law, it includes contributions from both leading and emerging international scholars. NEW Environmental Enforcement Networks Concepts, Implementation and Effectiveness Edited by Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Belgium, Peter De Smedt, LDR Ghent, Belgium and An Stas, Flemish High Council of Environmental Enforcement, Belgium ‘For some time now, environmental enforcement networks have been part of the very fabric of environmental law. Yet, academic research has somewhat neglected them. This book is a game-changer. It shows just how “smart” enforcement networks have become and indeed need to be in the never-ending struggle for effectiveness of environmental protection: they operate horizontally or vertically, locally and globally, top-down and bottom-up, often through citizens engagement and always in search for greater effectiveness. The book’s contributions from a wide range of environmental scholars and professionals give the impression of a fascinating new development, i.e. the increasing role of civil society in global environmental governance.’ – Klaus Bosselmann, University of Auckland, New Zealand March 2015 c 544 pp Hardback 978 1 78347 739 5 c £115.00 Elgaronline 978 1 78347 740 1 NEW Renewable Energy Law in the EU April 2015 c 432 pp Hardback 978 1 78195 177 4 c £100.00 Elgaronline 978 1 78195 178 1 NEW Regulation of the Upstream Petroleum Sector A Comparative Study of Licensing and Concession Systems Edited by Tina Hunter, University of Queensland, Australia and University of Aberdeen, UK ‘Regulatory and contractual frameworks for upstream energy is a complex but highly relevant topic. By attracting an impressive list of academics and practitioners to examine and analyze some of the main areas for upstream operations, Dr Hunter provides a lucid account of the main elements in these systems. The book is an important addition to the existing body of literature on the topic.’ – Kim Talus, University of Helsinki, Finland March 2015 c 400 pp Hardback 978 1 78347 010 5 c £95.00 Elgaronline 978 1 78347 011 2 NEW Earth Governance Trusteeship of the Global Commons Klaus Bosselmann, New Zealand Centre for Environmental Law, University of Auckland, New Zealand The predicament of uncontrolled growth in a finite world puts the global commons – such as oceans, atmosphere, and biosphere – at risk. So far, states have not found the means to protect what essentially is outside their jurisdiction. However the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious yet well-researched and convincing case for trusteeship governance. It shows how the United Nations together with states can draw from their own traditions to develop new, effective regimes of trusteeship for the global commons. NEW Edited by Marjan Peeters, Leuphana University, Germany and Maastricht University, the Netherlands and Thomas Schomerus, Leuphana University, Germany Shale Gas and the Future of Energy Law and Policy for Sustainability This timely book examines the role played by regional authorities in the EU as they transition towards renewable energy. Drawing on both academia and practice, the expert contributors explore some of the key legal questions that have emerged along the energy transition path. Specific attention is paid to support mechanisms, administrative procedures for authorizing renewable energy projects, and opportunities for allowing citizens, particularly citizens living near renewable energy projects, to participate financially in renewable energy production. Edited by John C. Dernbach and James R. May, Widener University School of Law, Delaware, US The growth of shale gas development has led to an intense and polarizing debate about the merit of shale gas. At the same time, and essentially independent of shale gas development, countries around the world concluded at the 2012 U.N. Conference on Sustainable Development that the transition to sustainability must be accelerated. This book asks and suggests answers to a question that has not been systematically analyzed: what laws and policies are needed to ensure that shale gas development helps accelerate the transition to sustainability? Sept 2015 c 320 pp Hardback 978 1 78347 614 5 c £85.00 Elgaronline 978 1 78347 615 2 2014 c 336 pp Hardback 978 1 78347 318 2 £90.00 Elgaronline 978 1 78347 319 9 To order, telephone: +44 1235 465500 The core focus of this timely book is to ascertain how regional environmental law may contribute to the pursuit of global sustainable development. Leading scholars critically analyze the ways in which states may pool sovereignty to find solutions to environmental problems, presenting a comparative legal analysis of the manner in which the AU, EU, OAS and ASEAN deal with the issues of climate change, human rights and the environment. Aug 2015 c 256 pp Hardback 978 1 78347 781 4 c £75.00 Elgaronline 978 1 78347 782 1 Legal Perspectives on Bottom-up Approaches 26 Transregional Comparative Lessons in Pursuit of Sustainable Development I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Environmental & Energy Law Emissions Trading Design Energy for the 21st Century A Critical Overview Opportunities and Challenges for Liquefied Natural Gas (LNG) Stefan E. Weishaar, University of Groningen, the Netherlands Susan L. Sakmar This timely book offers a comprehensive introduction to emissions trading design. It reviews current policy and academic debate and considers both advantages and disadvantages of emissions trading, its design variants and its many implementation issues, from both a legal and economic perspective. By focusing on the practical design and implementation elements, it offers easily accessible insights that are found lacking in the mainstream literature. ‘This book is nontechnical, informative, and easy to read; a useful, suitable number of tables/figures support the text. It is a necessary, timely addition to any energy-related library, valuable for students and energy researchers and professionals as a comprehensive, up-to-date review of LNG.’ – M. Alam, Choice 2013 512 pp Hardback 978 1 84980 421 9 £114.00 Elgaronline 978 1 78100 588 0 2014 272 pp Hardback 978 1 78195 221 4 £75.00 Elgaronline 978 1 78195 222 1 Choice Outstanding Academic Title for 2014 Comparative Ocean Governance EU Environmental Legislation Place-Based Protections in an Era of Climate Change Legal Perspectives on Regulatory Strategies Robin Kundis Craig, University of Utah, US Edited by Marjan Peeters, Leuphana University, Germany and Maastricht University, the Netherlands and Rosa Uylenburg, University of Amsterdam, the Netherlands ‘EU environmental law is now a dominant source of influence in the development and application of environmental law and policy in most Member States. This important new study provides a fresh appraisal of the changing nature of EU environmental legislation, and the tensions between discretion and goals. Above all, it tackles the difficult questions of the appropriate role and design of law in tackling current and future environmental challenges. It should be required reading by all those concerned with the future of environmental law, both within Europe and elsewhere, and the authors are to be congratulated on the quality and scope of their analysis.’ – Richard Macrory, University College, London, UK – S.R. Fegley, Choice 2012 200 pp Hardback 978 1 84844 791 2 £67.00 2013 Paperback 978 1 78195 191 0 £25.00 Elgaronline 978 1 78100 520 0 The Fragmentation of Global Climate Governance 2014 288 pp Hardback 978 1 78195 476 8 £80.00 Elgaronline 978 1 78195 477 5 Consequences and Management of Regime Interactions Polar Oceans Governance in an Era of Environmental Change Harro van Asselt, Stockholm Environment Institute Edited by Tim Stephens, University of Sydney, Australia and David L. VanderZwaag, Dalhousie University, Canada This timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges. 2014 384 pp Hardback 978 1 78195 544 4 £90.00 Elgaronline 978 1 78195 545 1 ‘How do the different international institutions addressing climate change interact? What are the actual and potential synergies and conflicts? What are the most effective strategies to manage institutional interplay? Harro van Asselt’s expertise in both international law and international relations, as well as his intimate knowledge of the policy-making process, make him ideally equipped to address these fundamental questions. Based on detailed case studies, he provides a wide-ranging, lucid, and theoretically sophisticated study of climate change governance. Essential reading for international lawyers and international relations scholars alike.’ – Dan Bodansky, Arizona State University, US 2014 360 pp Hardback 978 1 78254 497 5 £90.00 Elgaronline 978 1 78254 498 2 Climate Law in EU Member States Global Environmental Governance Towards National Legislation for Climate Protection Law and Regulation for the 21st Century Edited by Marjan Peeters, Mark Stallworthy and Javier de Cendra de Larragán Louis J. Kotzé 2012 392 pp Hardback 978 1 78100 277 3 £109.00 Elgaronline 978 1 78100 278 0 2012 360 pp Hardback 978 1 78100 252 0 £109.00 Elgaronline 978 1 78100 253 7 To order, telephone: +44 1235 465500 ‘Craig, an environmental law scholar, reviews the history of managing and governing coastal and oceanic systems after providing an extended abstract on historical and current stresses to these areas. She concludes with an extended section detailing emerging management philosophy and practices. The author’s writing style is clear and remarkably lively. . . the book is a good introduction to an emerging topic – managing natural systems as the climate changes.’ I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 27 Environmental & Energy Law International Law The IUCN Academy of Environmental Law series NEW Founding Editors: Kurt Deketelaere, LERU Office, Belgium and Zen Makuch, Imperial College London, UK The Search for Environmental Justice As environmental law increases in importance as an area of legal research, this series brings together some of the most current research carried out by the IUCN Academy of Environmental Law, a global network of environmental law scholars. Each volume in the series addresses an important issue in the field and presents original research analysis and assessment, along with a much-needed synthesis of the state of environmental law. Directions as to the positive role that environmental law can play at a global level are also emphasized. This series provides essential reading for scholars throughout the world with an interest in cutting edge environment-related issues, and will no doubt play an important role in shaping future debate. Edited by Paul Martin and Amanda Kennedy, Australian Centre for Agriculture and Law, University of New England, Australia, Sadeq Bigdeli and Trevor Daya-Winterbottom, University of Waikato, New Zealand and Willemien Du Plessis, North–West University, South Africa This important book unpicks the numerous meanings and interpretations of the deceptively simple phrase ‘environmental justice’, highlighting the political, philosophical and doctrinal components that are intrinsic to this concept. Expert contributors consider abstract and applied discourses and discuss how notions of justice are being applied differently across administrative law, national policy, constitutional law, and other legal fields. June 2015 c 264 pp Hardback 978 1 78471 941 8 c £80.00 Elgaronline 978 1 78100 329 9 NEW Implementing Environmental Law Edited by Paul Martin and Amanda Kennedy, Australian Centre for Agriculture and Law, University of New England, Australia At the Rio +20 conference attention was focused upon the variable effectiveness of a large range of international instruments. The IUCN also recently began to focus upon the effectiveness of legal arrangements for environmental governance. Both of these developments are representative of an increasing awareness that legal environmental governance arrangements frequently fail to achieve the desired outcomes, or give rise to perverse and unexpected effects. The reasons why this may be so include issues such as the limited commitment of the responsible government or its agents, issues of corruption or incapacity, problems arising from the choice of the governance instrument, or the design of the law. This book tackles the challenges of implementation of environmental law, drawing upon the expertise of an international cast of contributors and investigations across a range of jurisdictions. Aug 2015 c 272 pp Hardback 978 1 78347 929 0 c £80.00 Elgaronline 978 1 78347 931 3 Poverty Alleviation and Environmental Law Edited by Yves Le Bouthillier, University of Ottawa, Canada, Miriam Alfie Cohen, Universidad Autónoma Metropolitana-Cuajimalpa, Mexico, Jose Juan Gonzalez Marquez, Universidad Autónoma Metropolitana Azcapotzalco, Mexico, Albert Mumma, University of Nairobi, Kenya and Susan Smith, Willamette University, US ‘The complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation.’ – Anna Grear, University of Waikato, New Zealand 2012 368 pp Hardback 978 1 78100 328 2 £93.00 2013 Paperback 978 1 78195 335 8 £35.00 Elgaronline 978 1 78100 329 9 NEW Global Environmental Law at a Crossroads Water and the Law Edited by Robert V. Percival, University of Maryland, Carey School of Law, US, Jolene Lin, The University of Hong Kong and William Piermattei, University of Maryland, Carey School of Law, US Toward Sustainability Edited by Michael Kidd, University of KwaZulu-Natal, Loretta Feris, University of Cape Town, Tumai Murombo, University of Witwatersrand, Johannesburg, South Africa and Alejandro Iza, IUCN Environmental Law Centre, Germany Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability. The book considers two broad themes: how law can contribute to the sustainability of water itself and how the law’s regulation of water can contribute to the sustainability of life – both human life as well as that of other species in their natural environment. 2014 416 pp Hardback 978 1 78347 960 3 £95.00 Elgaronline 978 1 78347 962 7 2014 336 pp Hardback 978 1 78347 084 6 £85.00 Elgaronline 978 1 78347 085 3 NEW IN PAPERBACK Linkages at International, National and Local Levels Edited by Frank Maes, An Cliquet, Ghent University, Belgium, Willemien du Plessis, North-West University, South Africa and Heather McLeod-Kilmurray, University of Ottawa, Canada Edited by Paul Martin, Li Zhiping, Qin Tianbao, Anel Du Plessis, Yves Le Bouthillier and Angela Williams This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. 2012 360 pp Hardback 978 1 78100 047 2 £93.00 2013 Paperback 978 1 78100 290 2 £37.00 Elgaronline 978 1 78100 048 9 To order, telephone: +44 1235 465500 – Donald K. Anton, The Australian National University College of Law, UK Biodiversity and Climate Change Environmental Governance and Sustainability 28 ‘The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going – Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.’ 2013 488 pp Hardback 978 1 78254 688 7 £109.00 March 2015 Paperback 978 1 78254 705 1 c £40.00 Elgaronline 978 1 78254 689 4 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Environmental & Energy Law NEW IN PAPERBACK Dictionary of Environmental and Climate Change Law To order a free copy of our Edited by Nicholas A. Robinson, Pace University, School of Law, US, Wang Xi, Shanghai Jiao Tong University, School of Law, China, Lin Harmon, Pace University, School of Law and Sarah Wegmueller, Pace University, School of Law and Yale University School of Forestry and Environmental Studies, US Email: [email protected] Energy leaflet Or download a copy from www.e-elgar.com This state-of-the-art Dictionary defines terms employed in international agreements, national legislation and scholarly legal studies related to comparative and international environmental law and the emerging law of climate change. Each term also includes its pinyin translation in order to facilitate accessing the Mandarin variants of each term. Jointly prepared by scholars in China and the US, the Dictionary will be an essential reference for those interpreting and applying international environmental law, multilateral environmental agreements, and domestic laws that implement these treaties. 2013 304 pp Hardback 978 0 85793 577 9 £109.00 2014 Paperback 978 1 78254 035 9 £30.00 Elgaronline 978 0 85793 578 6 NEW Transboundary Pollution Evolving Issues of International Law and Policy Edited by Robert Beckman, S. Jayakumar, Tommy Koh and Hao Duy Phan, National University of Singapore This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the state responsibility doctrine in this context. The editors bring together leading scholars and practitioners to analyze the international legal framework and cooperative mechanisms that have been developed to address this pressing issue. The book also includes case studies of Asia and Southeast Asia to demonstrate how international law governing transboundary pollution has evolved and been applied in practice. NEW IN PAPERBACK Handbook of Research on Environmental Taxation Edited by Janet E. Milne, Vermont Law School, US and Mikael Skou Andersen, Aarhus University, Denmark May 2015 c 432 pp Hardback 978 1 78471 578 6 c £100.00 Elgaronline 978 1 78471 579 3 NUS Centre for International Law series ‘The Milne and Andersen volume provides a splendid treatment of environmental taxation that encompasses the basic conceptual issues, problems of tax design and implementation, and several insightful case studies that show how environmental taxes actually work in practice. It is the best overall treatment of environmental taxation available: comprehensive, rigorous, and readable.’ Beyond Territorial Disputes in the South China Sea Legal Frameworks for the Joint Development of Hydrocarbon Resources – Wallace Oates, University of Maryland, US ‘Ingeniously organized in a life cycle format, the Handbook covers environmental taxation concepts, design, acceptance, implementation, and impact. The universal themes discussed in each area will appeal to a broad range of readers.’ – Larry Kreiser, Cleveland State University, US 2012 528 pp Hardback 978 1 84844 997 8 £150.00 2014 Paperback 978 1 78471 759 9 £40.00 Elgaronline 978 1 78195 214 6 Edited by Robert Beckman, Ian Townsend-Gault, Clive Schofield, Tara Davenport and Leonardo Bernard 2013 384 pp Hardback 978 1 78195 593 2 £93.00 Elgaronline 978 1 78195 594 9 NUS Centre for International Law series Research Handbook on Climate Change Adaptation Law NEW IN PAPERBACK Edited by Jonathan Verschuuren Environmental Justice and Federalism 2013 456 pp Hardback 978 1 78100 007 6 £150.00 Elgaronline 978 1 78100 008 3 Dennis C. Cory and Tauhidur Rahman, University of Arizona, US with Satheesh Aradhyula, Melissa Anne Burns and Miles H. Kiger Research Handbooks in Environmental Law series Climate Change and the Oceans The environmental justice movement promotes the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system. The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government, offering a comprehensive view of both the siting and regulation of polluting activities. Gauging the Legal and Policy Currents in the Asia Pacific and Beyond Edited by Robin Warner and Clive Schofield 2012 296 pp Hardback 978 1 84844 818 6 £78.00 Elgaronline 978 1 78100 616 0 2012 224 pp Hardback 978 1 78100 139 4 £67.00 2014 Paperback 978 1 78254 082 3 £25.00 Elgaronline 978 1 78100 140 0 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 29 Environmental & Energy Law International Law A Handbook of Globalisation and Environmental Policy, Second Edition National Government Interventions in a Global Arena Edited by Frank Wijen, Kees Zoeteman, Jan Pieters and Paul van Seters 2012 800 pp Hardback 978 1 84980 312 0 £197.00 2013 Paperback 978 0 85793 878 7 £47.00 Elgaronline 978 1 84980 577 3 Making Fishery Agreements Work Post-Agreement Bargaining in the Barents Sea Geir Hønneland 2012 160 pp Hardback 978 0 85793 362 1 £67.00 2013 Paperback 978 1 78100 539 2 £21.00 Elgaronline 978 0 85793 363 8 Global Forest Governance Legal Concepts and Policy Trends Rowena Maguire 2013 384 pp Hardback 978 0 85793 606 6 £98.00 Elgaronline 978 0 85793 607 3 The Water–Energy Nexus in the American West Edited by Douglas S. Kenney and Robert Wilkinson Environmental Protection, Security and Armed Conflict A Sustainable Development Perspective Onita Das 2013 288 pp Hardback 978 1 78100 467 8 £78.00 Elgaronline 978 1 78100 468 5 Legal Reasoning in Environmental Law A Study of Structure, Form and Language Douglas Fisher 2013 480 pp Hardback 978 1 78100 896 6 £109.00 Elgaronline 978 1 78100 897 3 Renewable Energy law and Development Case Study Analysis Richard L. Ottinger 2013 232 pp Hardback 978 1 78254 663 4 £78.00 Elgaronline 978 1 78254 664 1 Regulating Disasters, Climate Change and Environmental Harm Lessons from the Indonesian Experience Edited by Michael Faure and Andri Wibisana 2013 528 pp Hardback 978 1 78100 248 3 £119.00 Elgaronline 978 1 78100 249 0 To order, telephone: +44 1235 465500 Research Handbook on EU Agriculture Law Edited by Joseph A. McMahon and Michael Cardwell see page 31 EU Environmental Law Geert Van Calster and Leonie Reins see page 32 Research Handbook on Intellectual Property and Climate Change Edited by Joshua D. Sarnoff see page 36 Genetic Resources and Traditional Knowledge Edited by Tania Bubela and E. Richard Gold see page 42 Environmental Technologies, Intellectual Property and Climate Change Edited by Abbe E.L. Brown see page 43 Journal of Human Rights and the Environment Editor in Chief: Anna Grear see page 47 Research Handbook on Human Rights and the Environment Edited by Anna Grear and Louis J. Kotzé see page 49 Thought, Law, Action and Rights in the Age of Environmental Crisis Edited by Anna Grear and Evadne Grant see page 50 Research Handbook on International Energy Law Edited by Kim Talus see page 53 Conservation, Biodiversity and International Law Alexander Gillespie see page 56 International Law and Freshwater Edited by Laurence Boisson de Chazournes, Christina Leb and Mara Tignino see page 56 Genetic Resources, Equity and International Law Camena Guneratne see page 56 Research Handbook on Environment, Health and the WTO Edited by Geert Van Calster and Denise Prévost see page 57 Climate Change and International Trade Rafael Leal-Arcas see page 57 International Investment Law and the Environment Saverio Di Benedetto see page 60 2011 296 pp Hardback 978 1 84980 936 8 £76.00 2013 Paperback 978 0 85793 769 8 £31.00 Elgaronline 978 1 84980 937 5 30 ALSO OF INTEREST: I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com European Law Featured series To order a free copy of our Elgar European Law series European Law catalogue Founding editor: The late John Usher, formerly of the University of Exeter, UK Email: [email protected] Or download a copy from www.e-elgar.com Research Handbooks in European Law series TEXTBOOK • See page 5 for inspection copy details Edward and Lane on European Union Law NEW David Edward, University of Edinburgh and European Court of Justice 1989–2004 and Robert Lane, University of Edinburgh, UK Te xt bo ok ‘Faced with the challenge of studying EU law, students and other interested parties need guidance and accessible materials. Despite the ground clearing of the Lisbon Treaty, the terrain is still not properly mapped. Edward and Lane’s completely rewritten book provides just what’s needed. Clear, comprehensible and comprehensive, it will be an important port of call for anyone trying to figure out key aspects of the EU’s ever burgeoning legal order.’ – Jo Shaw, University of Edinburgh, UK ‘Bearing in mind the quality of its authors, it does not come as a surprise that this book is an outstanding piece of academic work. It is a classic which should belong to the library of all persons who are interested in EU law.’ – Koen Lenaerts, Vice-President of the Court of Justice of the European Union, Luxembourg ‘It is a real pleasure to see the publication of the third and much enlarged edition of Edward and Lane on European Union Law. It clearly and succinctly explains the essential features of the institutional and substantive law of the EU and can be strongly recommended to students and practitioners alike.’ – Aidan Robertson QC, Brick Court Chambers, UK Key features of the book include: • Authoritative authorship combining the analysis of a senior academic with the experience of a former judge. • Comprehensive and wide-ranging in scope. • Structured specifically to reflect the Treaty of Lisbon reorientation and immediate post-Lisbon developments. • Extensive reference to primary sources (Treaties, legislation, case law) and to issues of national adaptation. Research Handbook on European Social Security Law Edited by Frans Pennings, Utrecht University and Gijsbert Vonk, University of Groningen, the Netherlands This Handbook encompasses four dimensions of European social security law: social security as a human right, standard setting in social security, the protection of mobile persons and migrants and the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. In 25 chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Through this exploration, the Handbook provides a source of inspiration for the development of this special field of law. Sept 2015 c 520 pp Hardback 978 1 78254 732 7 c £150.00 Elgaronline 978 1 78254 733 4 Research Handbooks in European Law series NEW Research Handbook on EU Agriculture Law Edited by Joseph A. McMahon, University College Dublin, Ireland and Michael Cardwell, University of Leeds, UK Following the conclusion of the latest round of CAP (Common Agricultural Policy) reforms in 2013, the Research Handbook on EU Agriculture Law provides an up-to-date discussion of these reforms and places them in a wider context. Adopting an interdisciplinary approach, and with contributors from across Europe and the United States, its chapters address legislation governing the CAP, environmental issues, agriculture in the food chain, and the imperatives of world trade and development. Sept 2015 c 608 pp Hardback 978 1 78195 461 4 c £170.00 Elgaronline 978 1 78195 462 1 A fully updated and expanded new edition of a classic text, this authoritative and wide-ranging volume provides expert analysis on the key issues across all areas of European Union law – including its constitutional, procedural and substantive aspects. In particular, coverage of the constitutional and procedural elements includes: historical background and development of the European Union; constitutional structure of the Union; the Treaties: interrelationship and fundamental (constitutional) rules; the institutional framework; jurisdiction of, and actions before, the Court of Justice; sources, principles and methods of Union law. Research Handbooks in European Law series Comprehensive coverage of the substantive law includes: basic rules; citizenship of the Union; the internal market; the four freedoms; competition; economic and monetary policy; social policy; environmental policy; commercial policy. The editors have specially commissioned chapters in this new Handbook to address the new legal dynamics within and between the institutions of the EU and its member states. Among the expert contributions will be discussions concerned with constitutional foundations, institutional balance, the architecture of the judiciary, and the contentious issue of how to enforce EU law. By concluding with a reflection on the future of EU institutional law, this Handbook provides a thoroughly comprehensive and stimulating guide to some of the most pressing issues impacting European and Constitutional law. Precise and rich in references to the primary materials of the Treaties, the principal legislation and the key case law of the Court of Justice, this highly detailed and comprehensive book will be an indispensable resource for all legal practitioners whose practice must take account of EU Law. Research Handbook on EU Institutional Law Edited by Steven Blockmans, Centre for European Policy Studies, Belgium and Adam Lazowski, University of Westminster, UK July 2015 c 544 pp Hardback 978 1 78254 473 9 c £150.00 Elgaronline 978 1 78254 474 6 2014 1,200 pp Paperback 978 1 78195 179 8 £39.95 2013 Hardback 978 0 85793 104 7 £258.00 eBook 978 0 85793 105 4 To order, telephone: +44 1235 465500 NEW Research Handbooks in European Law series I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 31 International European LawLaw Elgar European Law series NEW Founding editor: The late John Usher, formerly of the University of Exeter, UK EU Environmental Law European integration is the driving force behind constant evolution and change in the laws of the member states and the institutions of the European Union. This important series offers short, state-of-the-art overviews of many specific areas of EU law, from competition law to consumer law and from environmental law to labour law. While most books take a thematic, vertical approach, others offer a more horizontal approach and consider the overarching themes of EU law. Distilled from rigorous substantive analysis, and written by some of the best names in the field, as well as the new generation of scholars, these books are designed both to guide the reader through the changing legislation itself, and to provide a firm theoretical foundation for advanced study. They provide an invaluable source of reference for scholars and postgraduate students in the fields of EU law and European integration, as well as lawyers from the respective individual fields and policymakers within the EU. Geert Van Calster and Leonie Reins, KU Leuven, Belgium EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less ‘national’. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments. Aug 2015 c 256 pp Hardback 978 1 78254 917 8 c £75.00 Elgaronline 978 1 78254 918 5 NEW IN PAPERBACK Economic and Social Integration EU Consumer Law and Policy Dagmar Schiek, University of Leeds, UK The Challenge for EU Constitutional Law Second Edition Stephen Weatherill, Somerville College, Oxford, UK Consumers are expected to benefit from the EU’s project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. EU consumer law and policy is an attempt to have the best of both worlds – a liberalised yet properly regulated trading space for Europe. This new edition explores all facets of the EU’s involvement in consumer law and policy and concludes with a newly written examination of the relationship between EU and national initiatives of market regulation – symbiosis or disruption? ‘At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.’ – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. 2012 352 pp Hardback 978 1 84844 542 0 £83.00 2013 Paperback 978 1 78347 261 1 £35.00 Elgaronline 978 1 78100 517 0 2013 352 pp Hardback 978 0 85793 697 4 £93.00 2014 Paperback 978 1 78254 831 7 £30.00 Elgaronline 978 0 85793 698 1 EU Labour Law A.C.L. Davies, Brasenose College, University of Oxford, UK Elgarblog ‘EU law, shaped both judicially and at the legislative level, disrupts national labour law – perhaps for good reasons, perhaps for bad reasons, sometimes for reasons which are elusive. Challenges of an intellectual and practical nature confront those trying to pick a path through material accumulated over several decades – and intrigue those thinking about the future of the European Social Model. This book offers an insightful, thoughtful and inspiring account of the nature(s) and purpose(s) of EU labour law and is a hugely welcome addition to the literature.’ Significance of the Rise of the EU’s Charter of Fundamental Rights: Evidence from Consumer and Employee Protection By Stephen Weatherill Details of Stephen Weatherill’s book ‘EU Consumer Law and Policy’ can be found on this page. – Stephen Weatherill, Somerville College, Oxford University, UK By Andrej Savin 2012 304 pp Hardback 978 1 84844 998 5 £78.00 2013 Paperback 978 1 78100 435 7 £35.00 Elgaronline 978 1 78100 515 6 Details of Andrej Savin’s new ‘Research Handbook on EU Internet Law’ can be found on page 46. EU Public Procurement Law What Kind of Eurasian Union might Ukraine be joining? Second Edition Christopher H. Bovis By Rilka Dragneva and Kataryna Wolczuk Details of ‘Eurasian Economic Integration’ by Rilka Dragneva and Kataryna Wolczuk can be found on page 33. 2012 544 pp Hardback 978 0 85793 841 1 £150.00 2013 Paperback 978 1 78100 893 5 £39.95 Elgaronline 978 0 85793 842 8 32 To order, telephone: +44 1235 465500 Creating Coherence in EU Internet Regulation www.elgarblog.wordpress.com I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com European Law NEW National Courts and EU Law New Issues, Theories and Methods Edited by Bruno de Witte, Maastricht University, the Netherlands, Marlene Wind, University of Copenhagen, Denmark, Juan A. Mayoral, European University Institute, Italy, Urszula Jaremba, Erasmus University Rotterdam, the Netherlands and Karolina Podstawa, European University Institute, Italy National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments. Aug 2015 c 288 pp Hardback 978 1 78347 989 4 c £80.00 Elgaronline 978 1 78347 990 0 Judicial Review and Cooperation series Accountability, Parliamentarism and Transparency in the EU The Role of National Parliaments Law, Policy and Politics Judicial Activism at the European Court of Justice Edited by Rilka Dragneva and Kataryna Wolczuk Edited by Mark Dawson, Bruno De Witte and Elise Muir 2013 256 pp Hardback 978 1 78254 475 3 £78.00 Elgaronline 978 1 78254 476 0 2013 304 pp Hardback 978 0 85793 939 5 £83.00 Elgaronline 978 0 85793 940 1 ALSO OF INTEREST: Adam Cygan 2013 272 pp Hardback 978 1 84720 131 7 £78.00 Elgaronline 978 1 78254 865 2 Regulatory Competition in the Internal Market Comparing Models for Corporate Law, Securities Law and Competition Law European Competition Law Edited by Weijer VerLoren van Themaat and Berend Reuder see page 6 Research Handbook on EU Internet Law Edited by Andrej Savin and Jan Trzaskowski see page 46 Competition Damages Actions in the EU David Ashton and David Henry see page 7 EU Internet Law Andrej Savin see page 46 Handbook on European Competition Law (Volumes 1 & 2) Edited by Ioannis Lianos and Damien Geradin see page 8 Barbara Gabor 2013 352 pp Hardback 978 1 78100 337 4 £88.00 Elgaronline 978 1 78100 338 1 The Economic and Legal Effectiveness of the European Union’s Anti-Money Laundering Policy Brigitte Unger, Joras Ferwerda, Melissa van den Broek and Ioana Deleanu see page 20 Private Regulation series Integration for Third-Country Nationals in the European Union The Equality Challenge Law and Policy of the European Gas Market Monica Waloszyk see page 25 Edited by Sonia Morano-Foadi and Micaela Malena 2012 432 pp Hardback 978 0 85793 681 3 £114.00 Elgaronline 978 0 85793 682 0 EU Environmental Legislation Edited by Marjan Peeters and Rosa Uylenburg see page 27 The Law and Policy of Harmonisation in Europe’s Internal Market EU Copyright Law Edited by Irini Stamatoudi and Paul Torremans see page 34 Isidora Maletić European Intellectual Property Law Annette Kur and Thomas Dreier see page 35 2013 224 pp Hardback 978 1 78100 413 5 £73.00 Elgaronline 978 1 78100 414 2 To order, telephone: +44 1235 465500 Eurasian Economic Integration I Save up to 20% at www.e-elgar.com I European Union Human Rights Law Marton Varju see page 50 The European Court of Human Rights and its Discontents Edited by Spyridon Flogaitis, Tom Zwart and Julie Fraser see page 51 Research Handbook on the Economics of European Union Law Edited by Thomas Eger and Hans-Bernd Schäfer see page 64 EU Private International Law Peter Stone see page 69 Research Handbook on EU Private International Law Edited by Peter Stone and Youseph Farah see page 69 EU Chemicals Regulation Steven Vaughan see page 70 For our electronic content, visit: www.elgaronline.com 33 Intellectual Property, IT & Media Law • Intellectual Property International Law Featured series To order a free copy of our Elgar Intellectual Property Law and Practice series Intellectual Property catalogue Series editors: Trevor Cook, Wilmer Cutler Pickering Hale and Dorr LLP, UK and Johanna Gibson, Queen Mary Intellectual Property Research Institute, UK Email: [email protected] Or download a copy from www.e-elgar.com Research Handbooks in Intellectual Property series Series editor: Jeremy Phillips, Olswang; Intellectual Property Institute and Co-founder, IPKat weblog Elgar Intellectual Property and Global Development series Series editor: Peter K. Yu, Drake University Law School, US Elgar Commentaries series KEY TITLES This is the only dedicated intellectual property journal to be included in the Thomson Reuters’ Social Sciences Citation Index (SSCI), and the Journal Citation Reports (JCR) and therefore the only one to receive an impact factor. JOURNAL Queen Mary Journal of Intellectual Property The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights A Commentary Justin Malbon, Monash University, Charles Lawson, Griffith University and Mark Davison, Monash University, Australia This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS – a pivotal international agreement on intellectual property rights. Editor in Chief: Johanna Gibson Consultant Editor: Lord Hoffmann Intellectual property law attracts diverse international attention and warrants considered scholarship and analysis. Not only is this an area of detailed practice and study, but also a significant part of each citizen’s daily life. From the question of access to products to concerns for the creative and innovative process, this area of law is of considerable interest to scholars and the general public alike. Modern intellectual property practice and scholarship is necessarily interdisciplinary, intersecting not only with other areas of law, but also with cultural and socio-economic approaches to knowledge. Contemporary research considers the operation of intellectual property in the context of human rights, social, political and economic spheres. Engaging the diversity of perspectives on these important issues is essential to comprehensive debate, and it is this richness of debate and interrogation to which QMJIP seeks to participate, by publishing high quality contributions to the field. As an extension of the Queen Mary Intellectual Property Research Institute’s reputation as one of the foremost centres for intellectual property research and education, QMJIP has become an important forum for quality scholarship in this field, publishing full-length articles as well as analysis pieces and case reports, on a quarterly basis. Four issues a year ISSN Print 2045-9807 • ISSN Online 2045-9815 2015 prices Individuals: £117.00 (online and print); £70.00 (online only) Institutions: £293.00 (online and print); £258.00 (online only) Single print issue: £65.00 50% discount when subscribing to all five Elgar journals. 30% discount when you take out a simultaneous subscription to ‘Queen Mary Journal of Intellectual Property’ and ‘Journal of Human Rights and the Environment’ (see page 47 for more details). For more information or to access free online content, go to: www.elgaronline.com/journals Follow on twitter: @QMJIP TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters. 2014 936 pp Hardback 978 1 84542 443 5 £225.00 Elgaronline 978 1 78100 604 7 Elgar Commentaries series EU Copyright Law A Commentary Edited by Irini Stamatoudi, LL.M., Ph.D., Attorney at Law and Paul Torremans, University of Nottingham, UK ‘Comprehensive and up-to-date, this collection of contributions on EU copyright law signals the emergence of a truly European body of legal commentary on copyright law. The authors, many of them very distinguished, hail from 9 different Member States. As a result, the book contains a wealth of references not only to EU authorities but also to national laws and decisions. Moreover, in addition to covering general principles of European copyright, and analyzing each copyright Directive, the book examines future prospects for copyright in the EU.’ – Jane Ginsburg, Columbia Law School, US Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective. 2014 1,288 pp Hardback 978 1 78195 242 9 £225.00 Elgaronline 978 1 78195 243 6 Elgar Commentaries series 34 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Intellectual Property, IT & Media Law • Intellectual Property NEW KEY TEXTBOOK • See page 5 for inspection copy details International Copyright Law: U.S. and EU Perspectives Key features: • Written by two leading authorities in the field. Text and Cases • Carefully selected extracts from primary and secondary sources that serve to build a clearer picture of the field. Jane Ginsburg, Columbia University School of Law, US and Edouard Treppoz, Université Jean Moulin Lyon, France bo ok • Expert analytical commentary sets the extracts in context. Te xt International Copyright Law is a complex and evolving field. Unlike national copyright laws, it is an edifice that consists of interlocking international instruments and agreements, the cornerstone of which is the Berne Convention of 1886. This ground-breaking casebook from two of the leading lights in the field, provides a comprehensive and comprehensible account of international copyright law and its neighbouring rights. Taking an issue-based approach, it facilitates a deep and nuanced understanding of the subject, using judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves to draw together the multiple threads between the instruments that have shaped the current set of international norms, from the Berne Convention, and the Rome Convention of 1961, through to the WIPO Copyright Treaty and the TRIPS Agreement. • US and EU perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments. • An issue-based approach that synthesises the treaties and facilitates a more nuanced understanding. • Detailed and extensive exposition of private international law in the context of copyright. • Leads LLM and graduate students through the field from beginning to end. April 2015 c 816 pp Paperback 978 1 78347 799 9 c £45.00 April 2015 Hardback 978 1 78347 797 5 c £135.00 eBook 978 1 78347 798 2 TEXTBOOK • See page 5 for inspection copy details Global Intellectual Property Law This textbook is designed to cover the component parts of a Masters level course in intellectual property. Graham Dutfield, University of Leeds and Uma Suthersanen, Queen Mary, University of London, UK ‘Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law.’ – Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China ok • A focus on the international dimension of intellectual property law. • Coverage of the evolving scope of intellectual property protection. bo • Contextualization of intellectual property within broader spectrum of rights and values. Te xt Setting out the fundamentals of intellectual property protection in an international context, this modern and progressive textbook takes in the evolving scope of intellectual property protection, which is rapidly expanding to embrace new subject matter. It helps students to place the role of intellectual property within the context of oft-conflicting systems such as trade, development, cultural, ethical, human rights and economic rights and values. Key features: • Accessible and engaging style. 2008 384 pp Paperback 978 1 84720 364 9 £37.00 2008 Hardback 978 1 84376 942 2 £103.00 eBook 978 1 84844 386 0 TEXTBOOK • See page 5 for inspection copy details European Intellectual Property Law The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Text, Cases and Materials Annette Kur, Max Planck Institute for Innovation and Competition, Munich and Thomas Dreier, Karlsruhe Institute of Technology, Germany • Written by two of the leading authorities in European intellectual property law. bo ok • Concise and readable style. Te xt ‘This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.’ – Graeme B. Dinwoodie, University of Oxford, UK Key features: ‘This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.’ – Jane Ginsburg, Columbia Law School, US • Extracts from key source material. • Questions designed to stimulate thinking around legal problems. • Coverage of related areas adjacent to intellectual property. • Offers an overview on international intellectual property law protection and the interrelation between European law and intellectual property law in general. 2013 592 pp Paperback 978 1 84844 880 3 £39.95 2013 Hardback 978 1 84844 879 7 £134.00 eBook 978 1 78195 364 8 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 35 Intellectual Property, IT & Media Law • Intellectual Property International Law Research Handbooks in Intellectual Property series NEW Series editor: Jeremy Phillips, Olswang; Intellectual Property Institute and Co-founder, IPKat weblog Research Handbook on Cross-border Enforcement of Intellectual Property Each Handbook stands alone as an invaluable source of reference for all scholars of intellectual property, as well as for practicing lawyers who wish to engage with the discussion of ideas within the field. Whether used as an information resource on key topics or as a platform for advanced study, these Handbooks are definitive scholarly reference works in intellectual property law. Edited by Paul Torremans, University of Nottingham, UK The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. NEW Research Handbook on Human Rights and Intellectual Property Edited by Christophe Geiger, CEIPI, University of Strasbourg, France ‘Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.’ – Peter Drahos, Australian National University and Queen Mary University of London, UK Jan 2015 c 752 pp Hardback 978 1 78347 241 3 £185.00 Elgaronline 978 1 78347 242 0 The contributions to this book focus on the enforcement of intellectual property primarily from a cross-border perspective. Infringement remains a problematic issue for emerging economies and so the book assesses some of the enforcement structures in a selection of these countries, as well as cross-border enforcement from a private international law perspective. Finally, the book offers a unique insight into the roles played by judges and arbitrators involved in cross-border intellectual property dispute resolution. 2014 904 pp Hardback 978 1 78195 579 6 £195.00 Elgaronline 978 1 78195 580 2 NEW Research Handbook on Intellectual Property and Climate Change Edited by Joshua D. Sarnoff, DePaul University, College of Law, US This innovative research tool presents insights from a global group of leading intellectual property, environment, trade, and industrial scholars on the emerging and controversial topic of intellectual property and climate change. It provides a unique review of the scientific background, international treaties, and political context of climate change; identifies critical conflicts and differences of approach; and describes the relevant intellectual property law doctrines and policy options for regulating, developing, or disseminating needed technologies, activities, and business practices. NEW International Intellectual Property A Handbook of Contemporary Research Edited by Daniel J. Gervais, Vanderbilt University Law School, US July 2015 c 424 pp Hardback 978 1 84980 467 7 c £135.00 Elgaronline 978 1 78471 946 3 ‘An ever-increasing part of the value of all the goods and services that are traded in the world today is in their intellectual property. Daniel Gervais knows this, and he shows this understanding in the selections he chooses to grace these pages. His combination of practical and professorial expertise puts the editorial stamp of authority on this highly useful selection of topical essays ranging across many contemporary global intellectual property concerns.’ NEW Research Handbook on Intellectual Property and Geographical Indications – James Bacchus, former Chairman of the Appellate Body of the World Trade Organization Jan 2015 c 512 pp Hardback 978 1 78254 479 1 £150.00 Elgaronline 978 1 78254 480 7 NEW Indigenous Intellectual Property A Handbook of Contemporary Research Edited by Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia This Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property. Leading scholars consider legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. This collection examines national developments in Indigenous intellectual property from around the world. As well as examining the historical origins of conflicts over Indigenous knowledge, the volume examines new challenges to Indigenous intellectual property from emerging developments in information technology, biotechnology, and climate change. Edited by Dev Gangjee, London School of Economics, UK Provenance matters like never before. Legal regimes regulating the use of Geographical Indications (GIs) protect commercially valuable signs on products – such as Darjeeling and Champagne – which signal the link to their regions of origin. Such regimes have been controversial for over a century. A rich, interdisciplinary work of scholarship, this Research Handbook explores the reasons for and consequences of GIs existing as a distinct category within intellectual property (IP) law. Historians, geographers, sociologists, economists and anthropologists join IP specialists to explore the distinguishing feature of GIs, that certain products are linked or anchored to specific places. Oct 2015 c 450 pp Hardback 978 1 84720 130 0 c £140.00 Elgaronline 978 1 78471 947 0 Research Handbook on Intellectual Property Licensing Edited by Jacques de Werra 2013 520 pp Hardback 978 1 84980 440 0 £155.00 Elgaronline 978 1 78100 598 9 Aug 2015 c 512 pp Hardback 978 1 78195 589 5 c £145.00 Elgaronline 978 1 78195 590 1 36 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Intellectual Property, IT & Media Law • Intellectual Property Critical Concepts in Intellectual Property Law series RESEARCH COLLECTION The purpose of this series is to bring together the most compelling scholarly research in the sphere of intellectual property law. The series covers all areas of IP law, at the practical and conceptual level, including patents, copyright, trademark and related fields. Each title is edited by a distinguished specialist specifically selected for depth of understanding and knowledge of the extensive secondary literature, under the direction of the series editor. Each volume presents a careful selection of the most ground-breaking articles in the relevant subject area. The individual editors also provide an original introduction, which gives an authoritative overview of each topic. Trademark and Unfair Competition Law NEW RESEARCH COLLECTION Geographical Indications Edited by Michael Blakeney, The University of Western Australia and Queen Mary University, London, UK This three-volume collection comprises a selection of research articles and papers on geographical indications by the leading academics in this field. The collection examines the functions and economic underpinnings of this form of product designation, together with the various forms of legal protection of geographical indications, both national and international. It contains a number of contributions that examine the potential impacts of geographical indications in developing countries, which explore this form of marketing through case studies. Edited by Graeme B. Dinwoodie, University of Oxford, UK and Mark D. Janis, Indiana University, Maurer School in Law, US ‘This assembly of writings by scholars, lawyers, and judges on the law and policy of trademarks and unfair competition presents a rich offering that ranges across time, place, and perspective. The challenge of revealing the subject’s full scope to the interested tyro and yet making experts wonder how they had somehow overlooked this or that critical article is fully met. Professors Dinwoodie and Janis and their publisher deserve thanks for bringing this treasure trove within reach of all with an interest in why and how brands are regulated.’ – David Vaver, Osgoode Hall Law School, Canada and University of Oxford, UK 44 articles, dating from 1925 to 2010 Contributors include: B. Beebe, L. Bently, R.S. Brown Jr., W. Cornish, R. Dreyfuss, A. Kur, J. Litman, R. Posner, F. Schechter Series no. 9 Two volume set 2014 1,744 pp Hardback 978 1 84844 237 5 £510.00 96 articles, dating from 1968 to 2012 Contributors include: F. Addor, E. Barham, G. Belleti, C. Bramley, D. Gangjee, B. O’Connor, S. Reviron RESEARCH COLLECTION Three volume set March 2015 c 2,480 pp Hardback 978 1 78254 775 4 c £720.00 Intellectual Property, Innovation and the Environment NEW RESEARCH COLLECTION Edited by Peter S. Menell, University of California, Berkeley, School of Law and Sarah Tran, Southern Methodist University, Dedman School of Law, US Intellectual Property and Private International Law Edited by Paul Torremans, University of Nottingham, UK This collection, made possible by the recent convergence of intellectual property and private international law as critical disciplines, brings together the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing both bridges built and ‘dead-ends’ reached. ‘Although environmental law and intellectual property rights are often considered quite distinct, they are rapidly becoming united because of the urgent need for technological innovation in order to address major environmental problems such as climate change. The materials collected in this book provide the foundations for this growing area of research.’ – Daniel Farber, University of California, Berkeley, US 33 Articles, dating from 1991 to 2013 Contributors include: S. Bariatti, G. Dinwoodie, J. Ginsburg, C. Heinze, A. Kur, A. Metzger, P. de Miguel, M. Trimble, G. Westcamp. 16 articles, dating from 1977 to 2012 Contributors include: J. Adler, J. Barton, E.L. Lane, J.D. Sarnoff, R.B. Stewart July 2015 c 880 pp Hardback 978 1 78347 142 3 c £255.00 Series no. 8 2014 756 pp Hardback 978 1 78195 160 6 £240.00 NEW RESEARCH COLLECTION RESEARCH COLLECTIONS Trade Secrets and Undisclosed Information Intellectual Property and Property Rights Edited by Sharon K. Sandeen, Hamline University, School of Law and Elizabeth Rowe, University of Florida, Levin College of Law, US Edited by Adam Mossoff Series no. 5 2013 924 pp Hardback 978 1 78100 716 7 £284.00 This collection comprises eighteen contemporary articles on an often overlooked, but important, field of intellectual property law: trade secrets and undisclosed information. Divided into five parts, the selected articles examine various aspects of trade secret law, including its historical development and the range of theories and justifications for trade secret protection. The material also provides a detailed exploration of the scope and limits of trade secret protection, and addresses how trade secret issues arise in a number of contexts, including employment, governmental relations, and the internet. 18 Articles, dating from 1998 to 2013 Contributors include: P. Samuelson, M.A. Lemley, D.S. Levine, R.G. Bone, C.M. Correa, M. Risch, S. Ghosh Series no. 10 2014 968 pp Hardback 978 1 78347 296 3 £295.00 To order, telephone: +44 1235 465500 I Intellectual Property and Digital Content Edited by Richard S. Gruner Series no. 6 Two volume set 2013 1,672 pp Hardback 978 1 78100 686 3 £490.00 Intellectual Property and Human Rights Edited by Laurence R. Helfer Series no. 7 2013 840 pp Hardback 978 1 78195 384 £253.00 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 37 Intellectual Property, IT & Media Law • Intellectual Property International Law Elgar Intellectual Property Law and Practice series The Elgar Intellectual Property Law and Practice series is a library of works by leading practitioners and scholars covering discrete areas of law in the field of intellectual property. Each title describes the law in detail, but is also deeply analytical, highlighting and unpicking the legal issues that are most critical and relevant to practice. Designed to be detailed, focused reference works, the books in this series offer an authoritative statement on the law and practice in key topics within the field, from Trademarks to Pharmaceuticals, from Patent Standards to Trade Secrecy and from IP Licensing to IP Valuation. Patent Law in Greater China The Protection of Geographical Indications Edited by Stefan Luginbuehl, European Patent Office, Germany and Peter Ganea, Goethe University Frankfurt, Germany Law and Practice Michael Blakeney, The University of Western Australia and Queen Mary University, London, UK ‘The Protection of Geographical Indications offers a much-needed and comprehensive analysis of GIs and looks, in particular, at their legal treatment in the international context, under European laws, and in the United Kingdom. In this context, the author offers a detailed discussion of the history of GI protection along with a comprehensive breakdown of the current issues and possible future developments, including with respect to the enforcement of GI protection. This detailed analysis makes this book a complete and well-rounded resource for the study of GIs in a contemporary and comparative context, and offers important insights into this complex topic both for specialists and novices. The book also masterfully blends theoretical analysis and practical considerations on the topic. The author has to be commended for conceiving this well-designed and thorough book on a topic whose importance is destined to continue to grow in future years.’ – Irene Calboli, Marquette University Law School and National University of Singapore ‘Michael Blakeney’s book is an excellent guide to the dizzying complexity of protecting geography-based brands in the EU. Call them appellations, designations of origin, or GIs, any practitioner in this area of law will want Blakeney’s book in his or her library.’ – Justin Hughes, Loyola Law School, US The Protection of Geographical Indications examines from a practitioner’s perspective the European laws concerning the protection of geographical indications and geographical trade marks. The book expertly annotates the 2012 European regulation on quality schemes for agricultural products and foodstuffs, the proposed amendments to the Community Trade Marks Regulation on certification marks and the new Customs Regulation which deals with the counterfeiting of geographical indications. Key features: • First volume to examine the 2012 European regulation on quality schemes for agricultural products and foodstuffs. • Scrutinises the proposed amendments to the Community Trade Marks Regulation on certification marks. • Uniquely considers the 2013 Customs Regulation. • Offers the most up to date Practitioner book that considers the 2012 changes to geographical indications law. 2014 512 pp Hardback 978 1 78254 671 9 £145.00 Elgaronline 978 1 78254 672 6 ‘Patent Law in Greater China provides some of the most comprehensive, up-to-date and contextualized analyses of Chinese patent law. Featuring expert contributors with diverse backgrounds and deep inside knowledge, this edited volume strikes a good balance between scholarly analysis and practical tips. The book should be on the desk of everybody who handles patent-related matters in Greater China.’ – Peter K. Yu, Drake University Law School, US ‘Chinese intellectual property law has been one of the fields in which it has been most difficult to obtain an accurate, reliable and intelligible perspective . . . The achievement in putting together Patent Law in Greater China is therefore all the more laudable.’ – Jeremy Phillips, Queen Mary Intellectual Property Research Institute, UK This book provides a comprehensive introduction to patent policy, law and practice in Greater China and is a go-to book for patent practitioners who have client interests in that region. Key features: • Introduction to Chinese patent policy. • Detailed coverage of technology transfer and substantive patent law in China, including prerequisites for protection, exceptions and limitations. • Practical analysis of patent law relating to 3 specific fields of invention: employee inventions, biotechnological and pharmaceutical inventions, and software inventions. • Overview of the patent application and examination procedure, with a particular view on PCT applications. • Insight into specific characteristics of enforcement mechanisms and jurisprudence in China, including the dual enforcement system, claim interpretation, infringement types, and invalidity procedures. • Invaluable section on the relationship between patent and antitrust law, including practical realities in the sphere of anticompetitive licensing. • Overviews of the patent systems of Chinese Taipei, Hong Kong SAR and Macau SAR. • Edited by two leading patent experts, and written by a team of experienced practitioners from China and from Europe, offering insight rarely brought together in a single place. 2014 528 pp Hardback 978 1 78195 483 6 £145.00 Elgaronline 978 1 78195 484 3 NEW The Law and Regulation of Franchising in the EU Trade Secrecy and International Transactions Elizabeth Rowe, University of Florida and Sharon K. Sandeen, Hamline University School of Law, US Providing a valuable source of information on the law and practice of trade secrecy in international business transactions, this book provides concise but authoritative insight into international trade secret harmonization efforts and the trade secret laws of many countries. Trade secret law in the United States is promoted as the international standard for trade secret protection and a detailed explanation of the scope and limits of trade secret law in the US is presented here alongside practical guidance on how businesses can enhance trade secret protection while engaging in global commerce. Mark Abell 2013 372 pp Hardback 978 1 78195 220 7 £129.00 Elgaronline 978 1 78195 235 1 Sept 2015 c 320 pp Hardback 978 1 78254 077 9 c £125.00 • Elgaronline 978 1 78254 078 6 38 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Intellectual Property, IT & Media Law • Intellectual Property KEY TITLE NEW IN PAPERBACK ATRIP Intellectual Property series Series editor: Tana Pistorius, Department of Mercantile Law, University of South Africa Primer on International Copyright and Related Rights Jørgen Blomqvist, University of Copenhagen, Denmark ‘International copyright and related rights take on an ever more important role. These areas are known for their complexity, but in this excellent addition to legal science Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all those that never thought of becoming copyright aficionados.’ – Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UK The ATRIP series present the fruit of annual meetings held by the International Association for the Advancement of Teaching and Research in Intellectual Property (www.atrip.org). Yielding unique opportunities for IP scholars from a global community to explore together the different facets of one overarching topic, the essence of those meetings is captured in the edited compilation of selected contributions contained in the volumes. Rather than employing a traditional, compartmentalized view of the different areas of IP, the ATRIP series typically apply a horizontal approach, cutting across the usual boundaries of legal categorisation, with the aim to uncover hidden commonalities, and accentuate the need for differentiation where that is called for. As ATRIP counts among its members leading IP scholars from all parts of the world, and actively encourages participation of highly talented young researchers, the panel of authors contributing to the volumes does not only guarantee excellence, but also represents a full and vibrant picture of contemporary, high-level IP research in an international setting. NEW 2014 288 pp Hardback 978 1 78347 095 2 £75.00 2014 Paperback 978 1 78347 096 9 £25.00 Elgaronline 978 1 78347 097 6 Intellectual Property and General Legal Principles Is IP a Lex Specialis? Information Environmentalism Edited by Graeme B. Dinwoodie, University of Oxford, UK A Governance Framework for Intellectual Property Rights Robert Cunningham, University of Western Australia Information Environmentalism applies four environmental analytical frameworks – ecology, ‘the commons’, public choice theory, and welfare economics – to the information environment. The book neatly captures the metaphorical relationship between the physical environment and the information environment by alluding to the environmental philosophy of ‘social ecology’ and the emergent informational discourse of ‘cultural environmentalism’. The book aims to develop, refine and integrate the theoretical foundations of cultural environmentalism based on the Dewey premise that ‘there is nothing so practical as a good theory’. It is also built upon the proposition that the success of the environmental movement can be traced directly to the analytical frameworks of ecology, ‘the commons’, public choice theory and welfare economics. In the digital age, the regulation of information will have a critical impact upon the manner in which human beings conduct their lives, and the manner in which society functions more generally. In this sense, the book injects some gravitas into an issue that will become increasingly pressing throughout the 21st century. 2014 320 pp Hardback 978 0 85793 843 5 £85.00 Elgaronline 978 0 85793 844 2 The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: what is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional? Drawn together by leading IP scholar Graeme Dinwoodie, these questions and others are answered carefully and reflectively by a team of expert international contributors. March 2015 c 256 pp Hardback 978 1 78471 494 9 c £75.00 Elgaronline 978 1 78471 495 6 Methods and Perspectives in Intellectual Property Edited by Graeme B. Dinwoodie, University of Oxford, UK The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used. Methods and Perspectives in Intellectual Property portrays the multiplicity of approaches available to a scholar of IP, and demonstrates how our understanding of intellectual property law is enriched by, among other things, use of historical, comparative and empirical analysis. The book highlights the emergence of law and economics in the US as one of the dominant paradigms through which to consider intellectual property law, but also illustrates how learning may usefully be imported from other fields, such as law and society, political economy, and international relations, as well as less obvious quarters such as ethics and happiness research.. NEW Innovation and Intellectual Property in China Strategies, Contexts and Challenges Edited by Ken Shao, University of Western Australia and Xiaoqing Feng, China University of Political Science and Law, Beijing, China ‘This innovative book is essential reading for those who are interested in China’s IP and innovation strategies. A lot has been written about China’s IP laws and their rapid evolution over the last two decades. China is also developing a national innovation strategy and the substantial merit of this book is that it offers an in-depth analysis of both those elements and, even more importantly, of the way in which they interact. That latter aspect is needed, but found rarely.’ – Paul Torremans, University of Nottingham, UK 2013 400 pp Hardback 978 1 78254 997 0 £93.00 Elgaronline 978 1 78347 053 2 Intellectual Property at the Crossroads of Trade Edited by Jan Rosén 2012 296 pp Hardback 978 1 78195 168 2 £93.00 Elgaronline 978 1 78195 339 6 2014 288 pp Hardback 978 1 78100 159 2 £80.00 Elgaronline 978 1 78100 160 8 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 39 Intellectual Property, IT & Media Law • Intellectual Property International Law NEW Elgar Law and Entrepreneurship series Trademarks and Social Media Series editors: Robin Paul Malloy, Syracuse University and Shubha Ghosh, University of Wisconsin Law School, US Towards Algorithmic Justice Danny Friedman Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a caseby-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. Aug 2015 c 220 pp Hardback 978 1 78347 953 5 c £75.00 Elgaronline 978 1 78347 954 2 NEW Intellectual Property, Entrepreneurship and Social Justice From Swords to Ploughshares Edited by Lateef Mtima, Howard University, School of Law, US ‘While many have articulated needs of particular communities which they argue intellectual property should be shaped to serve, few have attempted to flesh out a theory under which intellectual property doctrine should be built from the ground up to promote social justice. Lateef Mtima, a pioneer in that endeavor, has now edited a collection of essays that provides crucial additional perspectives – perspectives that appropriately focus on empowerment and entrepreneurship. These essays are essential reading for everyone who has ever wondered whether and how intellectual property should respond to an unequal world.’ NEW Biotechnological Inventions and Patentability of Life The US and European Experience Andrea Stazi, European University of Rome, Italy In today’s highly technological world, biotechnology is one of the most innovative and highly invested in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inventions, with particular regard to patentability of life. – Robert Brauneis, The George Washington University, US Feb 2015 c 320 pp Hardback 978 1 78347 024 2 £85.00 Elgaronline 978 1 78347 025 9 The author expertly compares the United States model, traditionally based on technical evaluations, with the European model, inspired by fundamental rights and bioethics. He highlights how the regulation of biotechnological inventions should guarantee a fair balance between protection of investment and access to information, which is essential for further research and innovation. NEW May 2015 c 352 pp Hardback 978 1 78471 589 2 c £90.00 Elgaronline 978 1 78471 590 8 Domestic and Global Contexts New Directions in Patent Law series Managing the Legal Nexus Between Intellectual Property and Employees Edited by Lynda J. Oswald, University of Michigan and Marisa Anne Pagnattaro, University of Georgia, US NEW Innovation, Competition and Collaboration Edited by Dana Beldiman, Bucerius Law School, Germany and University of California, Hastings College of Law, US As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of intellectual property (IP). This book examines the fundamental issues regarding the collaborative use of IP and discusses emerging trends including: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law and the treatment of IP issues in specific emerging industries. June 2015 c 176 pp Hardback 978 1 78471 576 2 c £65.00 Elgaronline 978 1 78471 577 9 The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. This book examines the pressing legal issues that arise at the intersections of intellectual property law, employment law, and global trade, such as the use of employment contracts to protect intellectual property, ownership of intellectual property created by the employee, officer liability issues relating to infringement, postemployment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation or theft of trade secrets. May 2015 c 290 pp Hardback 978 1 78347 925 2 c £80.00 Elgaronline 978 1 78347 926 9 Entrepreneurship and Innovation in Evolving Economies The Role of Law Edited by Megan M. Carpenter, Texas A&M University, School of Law, US Knowledge Management and Intellectual Property This book examines the role of law in supporting innovation and entrepreneurship in communities whose economies are in transition. It contains a collection of works from different perspectives and tackles tough questions regarding policy and practice, including how support for entrepreneurship can be translated into policy. This collection addresses more concrete questions of practical efficacy, including measures of how successful legal efforts to incentivize entrepreneurship may be, through intellectual property law and otherwise, and what might define success to begin with. Concepts, Actors and Practices from the Past to the Present Edited by Stathis Arapostathis and Graham Dutfield 2013 320 pp Hardback 978 0 85793 438 3 £88.00 Elgaronline 978 0 85793 439 0 Queen Mary Studies in Intellectual Property series 2012 288 pp Hardback 978 0 85793 469 7 £67.00 2013 Paperback 978 1 78195 189 7 £30.00 Elgaronline 978 0 85793 470 3 Elgar Law and Entrepreneurship series 40 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Intellectual Property, IT & Media Law • Intellectual Property NEW NEW Harmonising Copyright Law and Dealing with Dissonance Proceedings Before the European Patent Office A Framework for Convergence of US and EU law Marcus O. Müller, European Patent Office, Munich, Germany and Cees A.M. Mulder, Maastricht University, the Netherlands Sheldon W. Halpern, The Ohio State University, US and Phillip Johnson, Cardiff University, UK ‘The book illustrates, in a very instructive manner, the proceedings before the European Patent Office (EPO), specifically with regard to opposition and appeal procedures. It guides the reader on what to avoid when drafting and prosecuting European patent applications, and will help practitioners, both in industry and in the legal profession, to take appropriate account of the most recent case law developments of the EPO with regard to opposition and appeal proceedings.’ A Practical Guide to Success in Opposition and Appeal ‘The book reads so easily you hardly notice the erudition that has gone into it. Whether the authors are right in thinking harmonisation would be easier than is supposed is an open question – one they make you think about seriously.’ – Heinz Goddar, University of Bremen, Germany – Rt Hon Sir Robin Jacob, University College London, UK The highly-regarded authors of this important work explore the constitutional, institutional, and cultural barriers to harmonisation of the copyright laws of the United States and the European Union. They consider these matters in the real world transnational environment in which copyright law operates and suggest that the reality transcends the differences, offering a framework for meaningful harmonisation. 2014 208 pp Hardback 978 1 78254 418 0 £70.00 Elgaronline 978 1 78254 419 7 ‘From the trainee assisting on their first opposition to the seasoned patent attorney, Messrs. Müller and Mulder, have written a book relevant to anyone interested in contentious IP proceedings.’ – Gwilym Roberts, European Patent Attorney and Partner, Kilburn and Strode LLP, UK Feb 2015 c 200 pp Hardback 978 1 78471 009 5 £75.00 Feb 2015 Paperback 978 1 78471 530 4 £55.00 Elgaronline 978 1 78471 010 1 Elgar Practical Guides Emerging Markets and the World Patent Order NEW Handbook on the Economics of Copyright Edited by Frederick M. Abbott, Florida State University, College of Law, US, Carlos M. Correa, University of Buenos Aires, Argentina and Peter Drahos, The Australian National University and Queen Mary, University of London, UK A Guide for Students and Teachers Edited by Richard Watt, University of Canterbury, New Zealand Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers’ rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future. The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries. 2014 448 pp Hardback 978 1 78347 124 9 £103.00 Elgaronline 978 1 78347 125 6 2014 360 pp Hardback 978 1 84980 852 1 £130.00 Elgaronline 978 1 84980 853 8 Originality in EU Copyright Full Harmonization through Case Law Eleonora Rosati 2013 304 pp Hardback 978 1 78254 893 5 £83.00 Elgaronline 978 1 78254 894 2 A Shifting Empire 100 Years of the Copyright Act 1911 Edited by Uma Suthersanen and Ysolde Gendreau 2013 264 pp Hardback 978 1 78100 308 4 £73.00 Elgaronline 978 1 78100 309 1 The Future of the Patent System Patent Misuse and Antitrust Law Patent Policy and Innovation Empirical, Doctrinal and Policy Perspectives Do Legal Rules Deliver Effective Economic Outcomes? Daryl Lim Hazel V.J. Moir 2013 512 pp Hardback 978 0 85793 017 0 £114.00 Elgaronline 978 0 85793 018 7 2013 256 pp Hardback 978 0 85793 278 5 £78.00 Elgaronline 978 0 85793 279 2 Companion website: http://goo.gl/hUcly Edited by Ryo Shimanami Scan this QR code to access the companion website containing additional tables and graphs for the book ‘Patent Misuse and Antitrust Law’ 2012 400 pp Hardback 978 1 78100 053 3 £98.00 Elgaronline 978 1 78100 054 0 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 41 Intellectual Property, IT & Media Law • Intellectual Property International Law Intellectual Property for Economic Development Elgar Intellectual Property and Global Development series This series brings together scholars and policy experts to undertake a critical inquiry of issues lying at the intersection of intellectual property and global development. The series is unique and expansive in scope and includes interdisciplinary and comparative work. Edited by Sanghoon Ahn, Korea Development Institute, Korea and Organisation for Economic Cooperation and Development, France, Bronwyn H. Hall, University of California, Berkeley, US, University of Maastricht, the Netherlands, National Bureau of Economic Research, US and Institute of Fiscal Studies, London, UK and Keun Lee, Seoul National University, South Korea Trademark Protection and Territoriality Challenges in a Global Economy Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Does stronger IPR protection in a developing country encourage technology development in or technology transfer to that country? This book aims to address the issue, covering diverse forms of IPRs, diverse actors in innovation, and diverse cases from Asia and Latin America. 2014 328 pp Hardback 978 1 78254 804 1 £85.00 Elgaronline 978 1 78254 805 8 KDI series in Economic Policy and Development Edited by Irene Calboli, Marquette University Law School, US and National University of Singapore and Edward Lee, Chicago-Kent College of Law, US ‘There is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.’ – Daniel J. Gervais, Vanderbilt University Law School, US TRIPS and Developing Countries 2014 360 pp Hardback 978 1 78195 390 7 £90.00 Elgaronline 978 1 78195 391 4 Towards a New IP World Order? Edited by Gustavo Ghidini, University of Milan and LUISS Guido Carli University, Rome, Italy, Rudolph J.R. Peritz, New York Law School, US and Marco Ricolfi, University of Turin and Tosetto Weigmann and Associati, Italy Access to Information and Knowledge TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole ‘new’ set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies. 21st Century Challenges in Intellectual Property and Knowledge Governance Edited by Dana Beldiman, Bucerius Law School, Germany and University of California, Hastings College of Law, US ‘This is an important book that brings together leading scholars from Europe and the United States to explore the access challenge in intellectual property law. It reframes the debate by focusing on the critical role of timely access to information in innovation-based economies. Well worth the read.’ – Michael W. Carroll, American University, Washington College of Law, US 2014 336 pp Hardback 978 1 84980 485 1 £90.00 Elgaronline 978 1 84980 494 3 2013 328 pp Hardback 978 1 78347 047 1 £83.00 Elgaronline 978 1 78347 048 8 The Moral Dimensions of Intellectual Property Rights Genetic Resources and Traditional Knowledge Steven Ang, Nanyang Technological University, Singapore Case Studies and Conflicting Interests Edited by Tania Bubela and E. Richard Gold ‘Professor Ang’s thoughtful book is the first comprehensive analysis of the philosophic underpinnings of the morality clauses contained in the principal IPR statutes. Morality issues in intellectual property are becoming increasingly important as a consequence of the recent debates over access to proprietary medicines, the implications of DNA patenting for medical treatment and the impact of IPRs on food security. Professor Ang’s book provides an important touchstone for consideration of these issues.’ 2012 392 pp Hardback 978 1 84844 223 8 £100.00 2013 Paperback 978 1 78100 545 3 £31.00 Elgaronline 978 1 78100 262 9 – Michael Blakeney, University of Western Australia Intellectual Property Rights are subject to a high degree of protection, exploitation and litigation in the modern commercial environment. But what role does morality have to play in these exchanges? That is the question posed and eloquently examined within the contours of this book. 2013 336 pp Hardback 978 1 78254 667 2 £88.00 Elgaronline 978 1 78254 668 9 42 To order, telephone: +44 1235 465500 I Nonprofit Organizations and the Intellectual Commons Jyh-An Lee 2012 224 pp Hardback 978 1 78100 157 8 £67.00 Elgaronline 978 1 78100 158 5 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Intellectual Property, IT & Media Law • Intellectual Property International Trade in Indigenous Cultural Heritage Handbook on the Digital Creative Economy Edited by Ruth Towse, Bournemouth University and Glasgow University, UK and Christian Handke, Erasmus University Rotterdam and University of Amsterdam, the Netherlands Legal and Policy Issues Edited by Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai ‘The digital creative economy is the new frontier in the economics of culture and this volume is the very best place to start in on that topic.’ 2012 544 pp Hardback 978 0 85793 830 5 £129.00 Elgaronline 978 0 85793 831 2 – Tyler Cowen, George Mason University, US ‘Two concepts that have become increasingly prominent in debate about contemporary economic policy are the digital economy and the creative economy. This pioneering Handbook brings these two concepts together, with contributions from a wide range of scholars in economics, law, cultural studies, media and communications. A particular focus of the volume is on copyright issues in the digital environment, especially in the audio-visual, publishing and media industries. This book provides an authoritative overview that will be essential reading for students, researchers and policy-makers working in this rapidly evolving field.’ – David Throsby, Macquarie University, Australia Environmental Technologies, Intellectual Property and Climate Change Accessing, Obtaining and Protecting Edited by Abbe E.L. Brown 2013 320 pp Hardback 978 0 85793 417 8 £88.00 Elgaronline 978 0 85793 418 5 Elgar Law, Technology and Society series 2013 456 pp Hardback 978 1 78100 486 9 £155.00 2013 Paperback 978 1 78100 488 3 £35.00 Elgaronline 978 1 78100 487 6 Intellectual Property, Human Rights and Competition Intellectual Property, Unfair Competition and Publicity Access to Essential Innovation and Technology Convergences and Development Abbe E.L. Brown Edited by Nari Lee, Hanken School of Economics, Helsinki, Finland, Guido Westkamp, Queen Mary, University of London, UK, Annette Kur, Max Planck Institute for Innovation and Competition, Munich and Ansgar Ohly, LudwigMaximilians-Universität, Germany 2012 272 pp Hardback 978 0 85793 496 3 £78.00 Elgaronline 978 0 85793 497 0 Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of “substitute” IP rights. 2014 384 pp Hardback 978 0 85793 261 7 £90.00 Elgaronline 978 0 85793 262 4 The Changing Face of US Patent Law and its Impact on Business Strategy Edited by Daniel R. Cahoy and Lynda J. Oswald 2013 256 pp Hardback 978 1 78100 784 6 £78.00 Elgaronline 978 1 78100 785 3 European Intellectual Property Institutes Network series New Horizons in International Business series ALSO OF INTEREST: Intellectual Property, Pharmaceuticals and Public Health Edited by Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and Narayanan Lalitha see page 45 Patenting Medical and Genetic Diagnostic Methods Eddy D. Ventose see page 45 Pharmaceutical Innovation, Competition and Patent Law Edited by Josef Drexl and Nari Lee see page 45 Genetic Resources, Equity and International Law Camena Guneratne see page 56 The Principle of National Treatment in International Economic Law Edited by Anselm Kamperman Sanders see page 59 Chinese Intellectual Property and Technology Laws Edited by Rohan Kariyawasam see page 65 To order, telephone: +44 1235 465500 I Constructing European Intellectual Property Achievements and New Perspectives Edited by Christophe Geiger 2013 496 pp Hardback 978 1 78100 163 9 £129.00 Elgaronline 978 1 78100 164 6 European Intellectual Property Institutes Network series Intellectual Property in Common Law and Civil Law Edited by Toshiko Takenaka 2013 464 pp Hardback 978 0 85793 436 9 £103.00 Elgaronline 978 0 85793 437 6 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 43 International Law Intellectual Property, IT & Media Law • Media Law & Culture To order a free copy of our Intellectual Property catalogue Email: [email protected] Or download a copy from www.e-elgar.com ELGAR ADVANCED INTRODUCTIONS Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Elgar Advanced Introductions are available for inspection, Please email: [email protected] (terms and conditions apply, more details on page 4) KEY TITLE Advanced Introduction to Cultural Economics Comic Art, Creativity and the Law Ruth Towse, Bournemouth University and University of Glasgow, UK Marc H. Greenberg, Golden Gate University, School of Law, US ‘Ruth Towse presents a fabulous, broad ranging overview of cultural economics. The book explores the forefront of knowledge, is easy to read and reveals sound judgement. I highly recommend the book to anyone concerned about the relationship of culture to society – as everyone should!’ ‘An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg’s book touches on the nature of creativity, the basis for IP law, and the history of this fascinating medium.’ – Professor Mark A. Lemley, Director, Stanford Law School, US The creation of works of comic art, including graphic novels, comic books, cartoons and comic strips, and political cartoons, is affected, and at times limited, by a diverse array of laws, ranging from copyright law to free speech laws. This book examines how this intersection affects the creative process, and proposes approaches that encourage, rather than limit, that process in the comic art genre. Attention to the role comic art occupies in popular culture, and how the law responds to that role, is also analyzed. 2014 224 pp Hardback 978 1 78195 492 8 £70.00 Elgaronline 978 1 78195 493 5 – Bruno S. Frey, University of Zurich, Switzerland and Zeppelin University, Germany ‘Ruth Towse has provided an indispensable guide and companion for anyone seeking an informed grasp of the economics of the cultural sector. In a series of wonderfully clear and well-organized chapters on themes including the creative economy, cultural policy, artists’ labour markets and copyright, and characterized throughout by insightful references to key theories, players and institutions, this book skillfully lays out and explains the fundamental and distinctive economic features of artistic and cultural industries. A valuable resource and timely contribution to the thinking of an emerging generation of researchers and scholars.’ – Gillian Doyle, University of Glasgow, UK Elgar Law and Entrepreneurship series Written by an internationally renowned expert in the field, Professor Ruth Towse, this book presents a comprehensive yet concise introduction to cultural economics. She covers a broad range of topics in the arts and cultural industries, using the tools of economics to explain their supply and demand, production and consumption. Elgarblog “Hiding your light under a bushel is not a winning strategy”: top law professors give their advice to young academics By Jan Smits, Michael Trebilcock and Mark Tushnet Starting from the 1960s concern about costs and public finance in the performing arts, the subject has developed over the last fifty years to include museums and built heritage, and lately, the wider creative industries and their issues with copyright. This book explains the theoretical underpinnings and reports on the main empirical research on the creative industries, cultural policy, performing arts, heritage, artists’ labour markets, copyright, broadcasting, film and music, festivals, cities of culture, creative clusters and economic impact. Key features: • a unique survey of the main developments in the field www.elgarblog.wordpress.com • written in straightforward language including explanations of all technical terms • each chapter offers guidance for further reading for those who wish to pursue the subject beyond an introductory level ALSO OF INTEREST: • accessible to anyone with an interest in what drives the creative economy and how the arts are financed. Economic, Social and Cultural Rights as Human Rights Edited by Olivier De Schutter see page 48 2014 160 pp Paperback 978 1 78195 490 4 £15.95 2014 Hardback 978 1 78195 489 8 £65.00 eBook 978 1 78195 491 1 Transnational Law of Sports Edited by James A.R. Nafziger see page 52 A Handbook of Cultural Economics, Second Edition Cultural Heritage Law Edited by James A.R. Nafziger see page 52 Handbook on International Sports Law Edited by James A.R. Nafziger and Stephen F. Ross see page 52 44 To order, telephone: +44 1235 465500 Edited by Ruth Towse 2011 456 pp Hardback 978 1 84844 887 2 £145.00 2013 Paperback 978 0 85793 103 0 £37.00 Elgaronline 978 0 85793 057 6 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Intellectual Property, IT & Media Law • Pharmaceutical & Biotechnology Law Biotechnology Regulation and GMOs NEW IN PAPERBACK Pharmaceuticals, Corporate Crime and Public Health Law, Technology and Public Contestations in Europe Naveen Thayyil, Indian Institute of Technology, New Delhi, India This book examines the EU regulatory framework in the Genetic Modification of agriculture and food to see how adequately EU law treats serious contestations about the development and use of GMOs. Since linkages between law, technology and public contestations could have a crucial dimension in the shaping of democratic societies, the space EU law provides for publics outside of the scientific experts to shape the regulation of GMOs becomes significant. By examining the employment of the precautionary principle and (the advices from) public bioethics committees in GMO regulation, this book examines the policy claim of public participation as a mechanism to represent and mediate public contestations about the use and regulation of GMOs. 2014 288 pp Hardback 978 1 84844 564 2 £80.00 Elgaronline 978 1 78347 388 5 Graham Dukes, University of Oslo, Norway, John Braithwaite, Australian National University, Canberra and J.P. Moloney, Health Policy Consultant, Melbourne, Australia ‘Given the provenance, this book was always going to be excellent, but it exceeded my highest expectations. It’s one of those rare works that combine true scholarship with great imagination and ends up also a real pleasure to read. The breadth of analysis is remarkable and the modelling for better futures is superb. It’s more than a must read book; it is a must heed commentary, a blueprint for better public health that would be perilous to ignore.’ – Charles Medawar, Founder Social Audit and author of Power and Dependence: Social Audit on the Safety of Medicines The pharmaceutical industry exists to serve the community, but over the years it has engaged massively in corporate crime, with the public footing the bill. This readable study by experts in medicine, law, criminology and public health documents the problems, ranging from false advertising and counterfeiting to corruption, waste and overpricing, with unacceptable pressures on doctors, politicians, patients and the media. Uniquely, the book goes on to present a realistic and worldwide solution for the future, with positive policies encouraging honest dealing as well as partial privatization of enforcement and greater emphasis on creative research to develop the medicines that society needs most. Biotechnology Regulation series Boosting Pharmaceutical Innovation in the Post-TRIPS Era Real-Life Lessons for the Developing World Burcu Kiliç, Public Citizen’s Global Access to Medicines Program This timely book investigates the concept of innovation and illustrates the crucial role that patent strategies play within processes of pharmaceutical innovation. Drawing on extensive country and company case studies, it identifies the key issues relevant to the revival of local pharmaceutical industries. Based on an understanding of the post-TRIPS environment and case studies of national innovation strategies, it specifically addresses an important question – to what extent can lessons from national experiences be transferred to current policy developments for innovation in the pharmaceutical industry in a developing country context? 2014 424 pp Hardback 978 1 78347 109 6 £95.00 March 2015 Paperback 978 1 78471 361 4 c £35.00 Elgaronline 978 1 78347 110 2 Pharmaceutical Innovation, Competition and Patent Law A Trilateral Perspective Edited by Josef Drexl and Nari Lee 2014 288 pp Hardback 978 1 78254 412 8 £80.00 Elgaronline 978 1 78254 413 5 2013 352 pp Hardback 978 0 85793 245 7 £93.00 Elgaronline 978 0 85793 246 4 Intellectual Property, Pharmaceuticals and Public Health Patenting Medical and Genetic Diagnostic Methods Access to Drugs in Developing Countries Eddy D. Ventose Edited by Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and Narayanan Lalitha 2013 232 pp Hardback 978 1 78100 177 6 £78.00 Elgaronline 978 1 78100 178 3 2011 352 pp Hardback 978 1 84980 014 3 £91.00 2013 Paperback 978 0 85793 879 4 £31.00 Elgaronline 978 0 85793 861 9 The Global Governance of HIV/AIDS ALSO OF INTEREST: Intellectual Property and Access to Essential Medicines Edited by Obijiofor Aginam, John Harrington and Peter K. Yu 2013 304 pp Hardback 978 1 84980 490 5 £78.00 Elgaronline 978 1 84980 492 9 Elgar Intellectual Property and Global Development series To order, telephone: +44 1235 465500 I Biotechnological Inventions and Patentability of Life Andrea Stazi see page 40 Human Rights, Property Rights, and Emerging Biotechnologies Aurora Plomer see page 50 Genetic Resources and Traditional Knowledge Edited by Tania Bubela and E. Richard Gold see page 42 EU Chemicals Regulation Steven Vaughan see page 70 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 45 Intellectual Property, IT & Media Law • Technology & Information Law International Law NEW Featured series Elgar Law, Technology and Society series Series editor: Peter K. Yu, Drake University Law School, US NEW Robot Law Edited by Ryan Calo, University of Washington, School of Law, US, A. Michael Froomkin, University of Miami, School of Law, US and Ian Kerr, University of Ottawa, Faculty of Law, Canada Robot Law brings together exemplary research on robotics law and policy – an area of scholarly inquiry responding to transformative technology. Expert scholars from law, engineering, computer science and philosophy provide original contributions on topics such as liability, warfare, domestic law enforcement, personhood, and other cutting-edge issues in robotics and artificial intelligence. Together the chapters form a field-defining look at an area of law that will only grow in importance. Sept 2015 c 314 pp Hardback 978 1 78347 672 5 c £85.00 Elgaronline 978 1 78347 673 2 Research Handbook on EU Internet Law Edited by Andrej Savin and Jan Trzaskowski, Copenhagen Business School, Denmark The Internet has brought about unprecedented changes to modern life, opening up the question of how to design and apply legal rules in a connected world. This Handbook provides an overview of the latest developments and controversies in European Internet law. The Handbook questions the extent to which the Internet forces us to rethink existing legal concepts and institutions. It includes sections that correspond to the most disputed areas, looking consecutively at policy and governance, copyright, private international law, e-commerce, consumer protection and citizens and their position on the Internet. By highlighting the challenges that European law and policy-makers face when attempting to regulate the Internet, this Handbook raises important issues regarding free speech, accessibility and privacy. 2014 648 pp Hardback 978 1 78254 416 6 £175.00 Elgaronline 978 1 78254 417 3 Research Handbooks in European Law series NEW NEW IN PAPERBACK Rethinking Cyberlaw A New Vision for Internet Law EU Internet Law Jacqueline Lipton, University of Akron, School of Law, US Andrej Savin, Copenhagen Business School, Denmark ‘As one of the long-time leading scholars in the field, Professor Lipton has written a timely reconceptualization of cyberlaw as few others could do. In this comprehensive overview, Professor Lipton presents the nuances of the subject in an accessible manner that will be of interest not only to legal scholars or practitioners specializing in cyberlaw, but to anyone who has reflected on the unique nature of cyberspace and its regulation.’ – Marshall Allin Leaffer, Indiana University, Maurer School of Law, US Feb 2015 c 176 pp Hardback 978 1 78100 217 9 £65.00 Elgaronline 978 1 78100 218 6 Rethinking Law series – Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine NEW Smart Technologies and the End(s) of Law Novel Entanglements of Law and Technology – Roger Brownsword, Kings College London, UK March 2015 c 320 pp Hardback 978 1 84980 876 7 c £85.00 Elgaronline 978 1 84980 877 4 Edited by Anne S.Y. Cheung, Faculty of Law, University of Hong Kong and Rolf H. Weber, University of Zurich, Switzerland Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing. June 2015 c 255 pp Hardback 978 1 78347 706 7 c £75.00 Elgaronline 978 1 78347 707 4 Elgar Law, Technology and Society series Research Handbook on Governance of the Internet Thomas Hoeren, Barbara Kolany-Raiser, Silviya Yankova, Martin Hecheltjen and Konstantin Hobel Edited by Ian Brown 2013 232 pp Hardback 978 1 78254 665 8 £78.00 Elgaronline 978 1 78254 666 5 To order, telephone: +44 1235 465500 Elgar European Law series Privacy and Legal Issues in Cloud Computing ‘In this challenging book, Mireille Hildebrandt again shows just how far she thinks ahead of the curve. Exploring the implications of the technological changes that are impelling humans towards an ‘onlife’ world—a world of data-driven agency, the internet of things, and a radically different information and communication infrastructure—Hildebrandt asks how law can maintain its mission for justice, certainty and purposiveness. Having joined Hildebrandt in this new world, readers will find it difficult to put the book down.’ Legal Aspects of Digital Preservation 2013 288 pp Hardback 978 1 84542 937 9 £78.00 2014 Paperback 978 1 78471 758 2 £35.00 • Elgaronline 978 1 78100 601 6 NEW Mireille Hildebrandt, Radboud University Nijmegen, Erasmus University Rotterdam, the Netherlands and Vrije Universiteit Brussels, Belgium 46 ‘. . . the book provides a succinct, readable and well substantiated analysis of the way in which these elements interact. . . Distinguished by its clear and practical approach, this book provides an accessible and absorbing read certainly for lawyers, students, researchers and indeed journalists as well as – actually – anyone who uses the Internet either as a recreation, or as a tool for business and who is interested in the evolving legal landscape which impacts upon it.’ 2013 512 pp Hardback 978 1 84980 502 5 £155.00 Elgaronline 978 1 84980 504 9 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Intellectual Property, IT & Media Law Technology & Information Law International Law & Human Rights • Human Rights NEW Featured series Determann’s Field Guide to Data Privacy Law Elgar Studies in Human Rights series Editorial board: M. Cherif Bassiouni, Thomas Buergenthal, David Kinley, Sarah Joseph, Balakrishnan Rajagopal, Penelope Simons, Tom Zwart and Margot E. Salomon International Corporate Compliance, Second Edition Lothar Determann, Baker & McKenzie LLP, US, Free University Berlin, Germany, UC Berkeley School of Law and Hastings College of the Law, US Research Handbooks in Human Rights series ‘Determann’s Field Guide to Data Privacy Law is an indispensable handbook for international privacy professionals. Written by a star lawyer, it explains how to develop and maintain a corporate privacy compliance program. The book manages both to explain the “big picture” of global privacy challenges and to point out relevant details in a clear and concise fashion.’ – Paul M. Schwartz, Berkeley Center for Law & Technology, University of California, Berkeley, School of Law (Boalt Hall), US Companies, lawyers, privacy officers, developers, marketing and IT professionals face privacy issues more and more frequently. Much information is freely available but it can be difficult to get a grasp on a problem quickly, without getting lost in details and advocacy. This book helps to identify issues and provides concise practical guidance in an increasingly complex field shaped by rapid change in international laws, technology and society. Jan 2015 c 232 pp Hardback 978 1 78347 688 6 £75.00 Jan 2015 Paperback 978 1 78471 499 4 £55.00 Elgaronline 978 1 78347 689 3 JOURNAL Journal of Human Rights and the Environment Editor in Chief: Anna Grear, Cardiff Law School, UK and Director of the Global Network for the Study of Human Rights and the Environment (GNHRE) Editors: Louis Kotze, NWU, South Africa and Deputy Director of the Global Network for the Study of Human Rights and the Environment (GNHRE); Evadne Grant, Bristol Law School, UWE, UK and Stephen J Humprheys, LSE, UK Assistant Editor: Elen Stokes, Cardiff Law School, UK ‘No journal better engages with the impact on human rights to changes in our environment than the Journal of Human Rights and the Environment. Its articles invariably pull off that rare trick of being scholarly, readable and relevant.’ – Conor Gearty, Professor of Human Rights Law, London School of Economics, UK Elgar Practical Guides Innovative Governance Models for Emerging Technologies ‘The focus as we approach 2015 must be on how to solve the climate crisis in a way that is fair and informed by human rights. This is the only approach that will ensure that climate actions are good for the planet and for people. This publication. . . is a great contribution to the international discourse’ Edited by Gary E. Marchant, Kenneth W. Abbott and Braden Allenby, Arizona State University, US This book explores the challenges that emerging technologies create for traditional regulatory approaches. The unique characteristics of emerging technologies – including their diverse applications, the wide-ranging concerns that can be raised by new technologies, the need for public engagement, and the issue of effective coordination between governance players – create the need for new governance approaches. The contributors identify innovative new approaches to the governance of emerging technologies in an environment where changes in technologies can out pace the corresponding regulatory frameworks. 2013 288 pp Hardback 978 1 78254 563 7 £83.00 Elgaronline 978 1 78254 564 4 – Mary Robinson, Director of the Mary Robinson Foundation — Climate Justice ‘Environmental and human rights issues are two of the most pressing concerns of the 21st century, and so, therefore, is the way in which these issues interact. This journal will be a timely and vital addition to the international legal literature.’ – Sarah Joseph, Castan Centre for Human Rights Law, Monash University, Australia The relationship between human rights and the environment is a fascinating, uneasy, and increasingly urgent one. This international journal provides a strategic academic forum in which an extended interdisciplinary and multilayered conversation can take place concerning the challenges located at the interface of these two centrally important fields. ALSO OF INTEREST: Future themes will include: Biocultural Rights, Ecology and Epistemology, Responding to Disaster, and Constitutional Environmental Rights. The journal invites submission of high quality, thoughtful contributions. Submissions should be addressed to: Anna Grear ([email protected]) Access to Information and Knowledge Edited by Dana Beldiman see page 42 Two issues a year ISSN Print 1759-7188 • ISSN Online 1759-7196 Environmental Technologies, Intellectual Property and Climate Change Edited by Abbe E.L. Brown see page 43 Handbook on the Digital Creative Economy Edited by Ruth Towse and Christian Handke see page 43 2015 prices Individuals: £59.00 (online and print) • £48.00 (online only) Institutions: £147.00 (online and print) • £129.00 (online only) Single print issue issue: £65.00 50% discount when subscribing to all five Elgar journals Biotechnology Regulation and GMOs Naveen Thayyil see page 45 30% discount when you take out a simultaneous subscription to ‘Journal of Human Rights and the Environment’ and ‘Queen Mary Journal of Intellectual Property’ (see page 34 for more details). Research Handbook on International Law and Cyberspace Edited by Nicholas Tsagourias and Russell Buchan see page 52 For more information or to access free online content, go to: www.elgaronline.com/journals To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 47 International Law & Human Rights • Human Rights Human Rights Law series RESEARCH COLLECTION Series Editor: Sarah Joseph, Monash University, Australia Economic, Social and Cultural Rights as Human Rights This important series, organized by theme, constitutes an essential new resource in the field of human rights law. Each volume is edited by a distinguished expert in the field, and includes the key publications which illustrate the various complexities within the relevant topic. The selections are explained by their editors in informative introductions to each volume. Volumes within the series address major sub-topics within human rights law such as human rights and the environment, vulnerable and marginalized groups, gender issues, terrorism and economic, social and cultural rights. The series will be of enormous value to human rights scholars, researchers, lawyers and activists. RESEARCH COLLECTION Terrorism and Human Rights Edited by Martin Scheinin, European University Institute, Italy Edited by Olivier De Schutter, Catholic University of Louvain, Belgium This volume offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of nonjudicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to ‘progressively realize’ these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development. 24 articles, dating from 1978 to 2012 Contributors include: A.R. Chapman, M.C.R. Craven, V. Dankwa, C. Flinterman, M. Langford, S. Leckie, S. Reddy, A. Sengupta, M. Sepúlveda, B.A. Simmons Terrorism and human rights has been the subject of increased attention since the events of 11th September 2001. Drawing on works that were originally published between 2002 and 2011, this authoritative collection covers a variety of topics, including detention and extraordinary rendition, targeted killings, freedom of expression, privacy and terrorist listings. Series no. 6 2013 1,024 pp Hardback 978 0 85793 075 0 £304.00 RESEARCH COLLECTION 22 articles, dating from 2002 to 2011 Contributors include: D. Banisar, I. Cameron, D. Cassel, H. Duffy, D. Kretzmer, D. Moeckli, E. Newman, M. Nowak, M. Sattertthwaite, C. Tomuschat Series no. 8 2013 864 pp Hardback 978 1 84980 955 9 £258.00 Human Rights and Non-State Actors Edited by Andrew Clapham Series no. 5 2013 992 pp Hardback 978 1 78100 402 9 £304.00 RESEARCH COLLECTION Human Rights and Refugee Law Edited by James C. Hathaway, University of Michigan, US, University of Amsterdam, the Netherlands and University of Melbourne, Australia NEW IN PAPERBACK ‘Professor James Hathaway’s inspiring intellectual leadership of refugee law continues with this outstanding collection of the finest scholarship available. The resources collected in these volumes will be invaluable to anyone seriously engaging with the subject. Professor Hathaway is to be commended for once again delivering an exceptional contribution to refugee law.’ Dictionary of International Human Rights Law Connie de la Vega, University of San Francisco, School of Law, US – Colin Harvey, Queens University Belfast, UK Refugee law is both conceived as a response to the absence of human rights, and is one of the most powerful means by which human rights are restored. 48 articles, dating from 1938 to 2011 Contributors include: A. Betts, M. Gibney, G. Goodwin-Gill, A. Grahl-Madsen, L. Holborn, W. Kalin, P. Mathew, G. Noll Series no. 7 Two volume set 2013 1,464 pp Hardback 978 1 78100 939 0 £438.00 ‘Constance de la Vega’s Dictionary of International Human Rights Law is a marvellous new human rights resource. It provides concise definitions and explanations of key human rights phrases, including specific recognised and emerging rights, relevant concepts, institutions and instruments. Human rights law has not grown in a vacuum, so some related concepts, such as from international criminal law and the law of armed conflict, are wisely included. This book will be an important addition to the libraries of human rights scholars, practitioners and advocates throughout the world.’ – Sarah Joseph, Monash University, Australia RESEARCH COLLECTION 2013 272 pp Hardback 978 1 84980 377 9 £98.00 2014 Paperback 978 1 78254 503 3 £27.50 Elgaronline 978 1 78254 070 0 Gender Issues and Human Rights Contemporary Issues in Refugee Law Edited by Dianne Otto Series no. 4 Three volume set 2013 2,604 pp Hardback 978 1 84980 830 9 £799.00 Edited by Satvinder Singh Juss and Colin Harvey 2013 336 pp Hardback 978 1 78254 765 5 £88.00 Elgaronline 978 1 78254 766 2 48 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com International Law & Human Rights • Human Rights NEW To order a free copy of our Human Rights leaflet Email: [email protected] Or download a copy from www.e-elgar.com ELGAR ADVANCED INTRODUCTIONS Research Handbook on Human Rights and the Environment Edited by Anna Grear, Cardiff Law School, UK, University of Waikato, New Zealand and Global Network for the Study of Human Rights and the Environment (GNHRE) and Louis J. Kotzé, North-West University, South Africa and University of Lincoln, UK 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. Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. July 2015 c 592 pp Hardback 978 1 78254 442 5 c £160.00 Elgaronline 978 1 78254 443 2 Elgar Advanced Introductions are available for inspection, Please email: [email protected] (terms and conditions apply, more details on page 4) Migration and Freedom NEW KEY TITLE NEW Mobility, Citizenship and Exclusion Brad K. Blitz, University of Middlesex, UK and The Graduate Institute, Switzerland Advanced Introduction to International Human Rights Law ‘An advance, both analytically and empirically, for migration studies. With a base in international law and political theory, Blitz admirably opens up the ambiguous question of freedom of movement in relation to the restrictions still imposed by national borders and sovereignty, and the difficulties migrants face turning movement into successful settlement. Focusing on Europe, and migration experiences internal and external to the EU, as well as within and across national boundaries, the book significantly challenges current immigration paradigms with a series of atypical and provocative case studies.’ Dinah L. Shelton, George Washington University Law School, US ‘Written by a leading scholar in the field, this book provides an insightful analysis of the normative principles comprising this ever-expanding subject. Equally valuable is the extensive overview of the practice of universal and regional judicial and quasi-judicial institutions that apply and help create contemporary international human rights law. Scholars and practitioners alike will find this book to be an indispensable resource in their work.’ – Adrian Favell, Sciences Po, Paris, France – Judge Thomas Buergenthal, George Washington University Law School, US ‘Professor Shelton blends basic, essential information on human rights with just the right amount of material on the larger frameworks – ethical, historical, institutional and political – that are critical to any dynamic understanding of the ways in which the ideas and practices of human rights have been shaped and take concrete form today. The result is a very welcome and greatly needed book, which will be extremely useful as both a reference text and a teaching tool.’ – Paolo Carozza, University of Notre Dame, US In this landmark text, Dinah L. Shelton offers an insightful overview of the current state of international human rights law: its norms, institutions and procedures, both global and regional. Providing an invaluable entry point to this complex area of the law, as well as an insightful reference for seasoned experts, the book will prove a useful resource for professors and practitioners of international law. It will also serve as a stimulating introductory text for both undergraduate and postgraduate courses on human rights. Key features include: • Comprehensive coverage presented in an accessible style, structured into short, focused chapters. • A rounded, interdisciplinary approach which places the law in context. • Exploration of both practical and theoretical aspects. • Balanced coverage with attention to both regional and global organizations, as well as probing current challenges. • Written with the authority of an insider. 2014 352 pp Paperback 978 1 78254 523 1 £19.95 2014 Hardback 978 1 78254 521 7 £85.00 eBook 978 1 78254 522 4 2014 256 pp Hardback 978 1 78195 583 3 £75.00 Elgaronline 978 1 78195 584 0 NEW IN PAPERBACK Research Handbook on Human Rights and Humanitarian Law Edited by Robert Kolb and Gloria Gaggioli, University of Geneva, Switzerland ‘This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.’ – Marco Pedrazzi, University of Milan, Italy Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts – Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms – the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field. 2013 704 pp Hardback 978 1 84980 035 8 £181.00 2014 Paperback 978 1 78254 030 4 £45.00 Elgaronline 978 1 78100 607 8 Elgar Advanced Introductions series To order, telephone: +44 1235 465500 Research Handbooks in Human Rights series Research Handbooks in Human Rights series I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 49 International Law & Human Rights • Human Rights NEW NEW Human Rights, Property Rights, and Emerging Biotechnologies Thought, Law, Rights and Action in the Age of Environmental Crisis Aurora Plomer, University of Sheffield, UK Edited by Anna Grear, Cardiff Law School, UK, Global Network for the Study of Human Rights and the Environment (GNHRE) and Editor in Chief, Journal of Human Rights and the Environment and Evadne Grant, University of the West of England, UK and Global Network for the Study of Human Rights and the Environment (GNHRE) Human Rights, Property Rights, and Emerging Biotechnologies offers a discerning insight into the disputes which have erupted in the Constitutional courts of Europe and the US over the grant of gene patents and stem cell patents. Retracing the rationale for the juxtaposition of private and public rights of access to science in international law, this book develops a normative framework to analyze the contribution of the UN, ECOSOC and UNESCO to elaborating the normative content of Article 27 UDHR and Article 15 ICESCR. Sept 2015 c 208 pp Hardback 978 1 78347 592 6 c £70.00 Elgaronline 978 1 78347 593 3 NEW In the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between ‘humanity’, law and the living order. This collection draws together theoretical reflections, doctrinal analyses and insights drawn from rights-based praxis to offer thoughtful – and at times provocative – engagements with the limitations of law as it faces the complexities of contemporary socio-ecological life-worlds in an age of climate crisis. Aug 2015 c 288 pp Hardback 978 1 78471 132 0 c £80.00 Elgaronline 978 1 78471 133 7 Interrogating Growth Janet Dine, Queen Mary, University of London, UK The neo-liberal economic paradigm, that predicates deregulation, privatisation and the liberalisation of markets, is perilous. This book examines the uneven balance of power between states, individuals, multinational corporations, the markets and international institutions that is intrinsic to neo-liberal economic practice, and the problems it has caused. Alternative proposals are considered which could ameliorate the inequality which is catalysed by aggressive capitalism – but the author demonstrates that most of them are delayed, weak responses. She concludes that regulation of the financial sector is crucial, the inequality between States and individuals must be narrowed by allowing developing countries significant ‘policy space’, and radical reform of corporate governance is needed to stop the proliferation of large business which have no accountability. Oct 2015 c 224 pp Hardback 978 1 78254 458 6 c £70.00 Elgaronline 978 1 78254 459 3 Terrorism in East and West Africa The Under-focused Dimension Nick Ridley, London Metropolitan University, UK ‘Terrorism in East and West Africa provides a highly interpretative analysis of under-focusing in intelligence assessment. Essential reading for students of terrorism and anti-terrorist practitioners.’ – Barry Rider, Jesus College, University of Cambridge, UK This timely book draws upon the author’s experience as a former intelligence analyst, to give an account of terrorism in East and West Africa in the first two decades after the 9/11 attacks. It analyses why there is an incorrect strategic approach to this threat and will serve as a valuable compendium detailing terrorist groups and their activities in Africa to those studying terrorism. Critical Reflections on Human Rights and the Environment series European Union Human Rights Law 2014 240 pp Hardback 978 1 78347 051 8 £75.00 Elgaronline 978 1 78347 052 5 The Dynamics of Interpretation and Context Marton Varju, Hungarian Academy of Sciences, Budapest and University of Debrecen, Debrecen, Hungary Human Rights The European Union’s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and effective operation and development of the EU polity and its legal order. This innovative book investigates the character of EU human rights law as shaped by the interplay between interpretation and context in the jurisprudence of EU courts. Edited by David Kinley, Wojciech Sadurski and Kevin Walton, University of Sydney, Australia Old Problems, New Possibilities 2014 296 pp Hardback 978 1 78195 173 6 £80.00 Elgaronline 978 1 78195 174 3 ‘This volume will make a lasting contribution to how we address the dilemmas that human rights theory and practice encounter – for instance, between democracy and human rights, negative and positive rights, or individual and group rights. Philosophers have become indispensable to lawyers’ arguments about why human rights matter, and how they must be interpreted: this book superbly illustrates why.’ Law, Business and Human Rights – Olivier De Schutter, University of Louvain, Belgium and United Nations Special Rapporteur on the right to food Bridging the Gap 2013 272 pp Hardback 978 1 78100 274 2 £83.00 Elgaronline 978 1 78100 275 9 Edited by Robert C. Bird, University of Connecticut, Daniel R. Cahoy, Pennsylvania State University and Jamie Darin Prenkert, Indiana University, Bloomington, US The World Bank, Asian Development Bank and Human Rights ‘The business and human rights field is burgeoning, and this volume makes a significant contribution by drawing business law scholars into related debates. Rich in empirical detail, individual chapters analyze the challenges faced both at the firm-level and from the perspective of affected stakeholders across a range of sectors and issue areas. Highly recommended.’ Developing Standards of Transparency, Participation and Accountability – Shareen Hertel, University of Connecticut, US 2013 352 pp Hardback 978 1 84980 424 0 £93.00 Elgaronline 978 1 78100 605 4 2014 288 pp Hardback 978 1 78254 661 0 £80.00 Elgaronline 978 1 78254 662 7 50 To order, telephone: +44 1235 465500 Sanae Fujita I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com International Law & Human Rights Public International Law International Law & Human Rights • Human Rights Framing the Net Featured series The Internet and Human Rights Elgar International Law series Rikke Frank Jørgensen Editorial Board: Jean D’Aspremont, University of Amsterdam, the Netherlands, Fausto Pocar, University of Milan, Italy and ICTY, The Hague, the Netherlands, Christian Tams, University of Glasgow, UK, Nigel D. White, University of Nottingham, UK, Jacob Katz Cogan, University of Cincinnati, US and Hilary Charlesworth, Australian National University 2013 272 pp Hardback 978 1 78254 079 3 £83.00 Elgaronline 978 1 78254 080 9 The European Court of Human Rights and its Discontents Research Handbooks in International Law series NEW Turning Criticism into Strength The Contribution of International and Supranational Courts to the Rule of Law Edited by Spyridon Flogaitis, Tom Zwart and Julie Fraser Edited by Jan Wouters and Geert De Baere, KU Leuven, Belgium 2013 240 pp Hardback 978 1 78254 611 5 £78.00 Elgaronline 978 1 78254 612 2 Counter-Terrorism, Human Rights and the Rule of Law This timely book examines the manner in which international courts and tribunals have contributed and continue to contribute to the rule of law at the national, European and international levels. The expert contributors deal with key issues including fundamental procedural and substantive legal principles, sources, tools of interpretation and enforcement. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. Crossing Legal Boundaries in Defence of the State Sept 2015 c 336 pp Hardback 978 1 78347 661 9 c £85.00 Elgaronline 978 1 78347 662 6 Leuven Global Governance series Edited by Aniceto Masferrer and Clive Walker The Elgar Companion to the International Court of Justice 2013 360 pp Hardback 978 1 78195 446 1 £93.00 Elgaronline 978 1 78195 447 8 Robert Kolb, University of Geneva, Switzerland The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court. Understanding Human Rights Educational Challenges for the Future The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavour to the institution through the portraits of some of the great figures that have served as its judges. Paula Gerber 2013 272 pp Hardback 978 1 84844 883 4 £83.00 Elgaronline 978 1 78100 606 1 Religion, Rights and Secular Society 2014 496 pp Hardback 978 1 78254 485 2 £145.00 Elgaronline 978 1 78254 486 9 Elgar Companions to International Courts and Tribunals series European Perspectives Edited by Peter Cumper and Tom Lewis NEW IN PAPERBACK Principles of International Humanitarian Law 2012 352 pp Hardback 978 1 84980 367 0 £93.00 Elgaronline 978 1 78195 349 5 Jonathan Crowe, University of Queensland and Kylie Weston-Scheuber, Victorian Bar, Melbourne, Australia ALSO OF INTEREST: Research Handbook on Human Rights and Intellectual Property Edited by Christophe Geiger see page 36 Intellectual Property, Human Rights and Competition Abbe E.L. Brown see page 43 Advanced Introduction to International Humanitarian Law Robert Kolb see page 55 Critical Reflections on Ownership Mary Warnock see page 68 To order, telephone: +44 1235 465500 I ‘This is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.’ – Marco Sassòli, University of Geneva, Switzerland 2013 208 pp Hardback 978 1 78100 272 8 £73.00 2015 Paperback 978 1 78254 594 1 £19.95 Elgaronline 978 1 78100 273 5 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 51 International Law & Human Rights • Public International Law International Law series Research Handbooks in International Law series This major series successfully brings together the most important papers and scholarly research in the ever-expanding field of International Law. Each volume is edited by a distinguished and authoritative expert and presents a critical synthesis of essential classic work and vital contemporary pieces, prefaced by an original introduction. From the History and Theory of International Law to the critical topics of Criminal Law and Humanitarian Law, as well as areas such as the Law of the Sea, Cultural Heritage Law and Sports Law, this landmark series forms an essential library and indispensable guide to the past and current literature on International Law. This highly original series offers a unique appraisal of the state-of-the-art of research and thinking in international law. Taking a thematic approach, each volume, edited by a prominent expert, covers a specific aspect of international law or examines the international legal dimension of a particular strand of the law. A wide range of sub-disciplines in the spheres of both public and private law are considered, from international environmental law to international criminal law, from international economic law to the law of international organisations, and from international commercial law to international human rights law. The Research Handbooks comprise carefully commissioned chapters from leading academics as well as those with an emerging reputation. Taking a genuinely international approach to the law, and addressing current and sometimes controversial legal issues, as well as affording a clear substantive analysis of the law, these Handbooks are designed to inform as well as to contribute to current debates. NEW RESEARCH COLLECTION International Humanitarian Law Edited by John P. Cerone, New England Law – Boston, US This volume brings together traditional and contemporary articles by leading scholars in international humanitarian law. It incorporates key papers published between 1625 and 2012 that investigate the major themes of the field including the development of international humanitarian law, human rights law, international criminal law, gender-related violence in armed conflict, the changing nature of occupation and cyber war. With an original introduction by the editor, this insightful collection will prove an essential reference point for students, researchers and policymakers. 24 articles, dating from 1625 to 2012 Contributors include: H. Coursier, K. Doermann, C.H.B. Garraway, H. Grotius, F. Hampson, G. Nolte, S. Ratner, M.N. Schmitt June 2015 c 784 pp Hardback 978 1 78100 352 7 c £230.00 RESEARCH COLLECTIONS International Courts and Tribunals Edited by William A. Schabas, Middlesex University, UK and Leiden University, the Netherlands Equally useful as reference tools or introductions to specific topics, issues and debates, the Handbooks will be used by academic researchers, post-graduate students, practising lawyers and lawyers in policy circles. NEW Research Handbook on International Law and Cyberspace Edited by Nicholas Tsagourias and Russell Buchan, University of Sheffield, UK This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international law principles to cyberspace such as sovereignty, jurisdiction, state responsibility, individual criminal responsibility, and intellectual property rights. In addition to this, they explore the application of international law rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war and discuss the cyber security policies of international and regional institutions. June 2015 c 528 pp Hardback 978 1 78254 738 9 c £150.00 Elgaronline 978 1 78254 739 6 Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law. 31 articles, dating from 1935 to 2012 Contributors: C. Brown, D. Caron, A. Cassese, E. Decaux, L. Helfer, N. Klein, M. Lachs, M. Nowak, Y. Shany, F. Viljoen Series no. 5 2014 936 pp Hardback 978 1 78254 777 8 £275.00 NEW Handbook of Space Law Edited by Frans von der Dunk, University of Nebraska-Lincoln, College of Law, US and Black Holes B.V., Leiden, the Netherlands, with Fabio Tronchetti ‘The intellectual frontlines of the coming skirmishes along this new frontier will doubtless be populated by the readers of this Handbook of Space Law. Just like the book offers a multi-angular approach to the various main issues involved, the increasing diversity and audaciousness of the entrepreneurs in the emerging space arena will require a matching multi-dimensional cast of space lawyers.’ – Taken from the Foreword by Rusty Schweickart, Apollo 9 Edited by James A.R. Nafziger Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. The Handbook fundamentally addresses the dichotomy between the state-oriented character of international space law and the increasing commercialization and privatization of space activities. Series no. 4 2013 768 pp Hardback 978 0 85793 744 5 £222.00 Feb 2015 c 1,136 pp Hardback 978 1 78100 035 9 c £215.00 Elgaronline 978 1 78100 036 6 Law of the Sea Edited by Donald R. Rothwell Handbook on International Sports Law Series no. 3 2013 852 pp Hardback 978 0 85793 907 4 £273.00 Edited by James A.R. Nafziger and Stephen F. Ross Transnational Law of Sports 2011 584 pp Hardback 978 1 84720 633 6 £160.00 2013 Paperback 978 0 85793 466 6 £42.00 Elgaronline 978 0 85793 630 1 Cultural Heritage Law Edited by James A.R. Nafziger Series no. 2 2012 864 pp Hardback 978 0 85793 745 2 £284.00 52 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com International Law & Human Rights • Public International Law NEW NEW Research Handbook on the Law of Treaties Research Handbook on Transnational Labour Law Edited by Adelle Blackett, McGill University, Canada and Anne Trebilcock, University of Paris Nanterre-La Défense, France Edited by Christian J. Tams, University of Glasgow, Antonios Tzanakopoulos, University of Oxford, UK and Andreas Zimmermann, University of Potsdam, Germany This Handbook provides an authoritative treatment of fundamental issues in international treaty law. Identifying key challenges facing the modern law of treaties, the Handbook addresses the current regime and comments on potential directions of the law. Rather than an article-by-article commentary on provisions applicable to treaties, the Handbook offers an innovative study of their spatial, personal and temporal dimensions and of the tensions that arise due to the need for both flexibility and certainty in treaty relations. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an ‘agenda for research’, highlighting areas where future work could yield significant results. 2014 680 pp Hardback 978 0 85793 477 2 £185.00 Elgaronline 978 0 85793 478 9 June 2015 c 544 pp Hardback 978 1 78254 978 9 c £150.00 Elgaronline 978 1 78254 979 6 NEW Research Handbook on the Theory and Practice of International Lawmaking Edited by Catherine Brölmann, University of Amsterdam and Yannick Radi, Leiden University, the Netherlands Research Handbook on International Law and Terrorism The global landscape has changed profoundly over the past decades. As a result, the account of the making of international law based on the traditional theory of sources is increasingly challenged. This Handbook offers a guide to the theory and practice of international law‐making today. It takes stock at both the conceptual and the empirical level of the instruments, processes, and actors involved in the making of international law. It contains essays by leading scholars on key aspects of international law-making and on law-making in the main issue areas, with an interest in classic processes as well as new developments and shades of normativity. Edited by Ben Saul, University of Sydney, Australia ‘The 40 experts assembled by Ben Saul who address the many-faceted legal issues connected to the everexpanding meaning of “terrorism” are remarkable. Even after 50 years of scholarship on the subject, a book like this one is both relevant and useful.’ Sept 2015 c 520 pp Hardback 978 1 78195 321 1 c £150.00 Elgaronline 978 1 78195 322 8 – Cherif Bassiouni, DePaul University College of Law, US This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the use of force, international humanitarian law, international human rights law, the law of State responsibility, the United Nations Security Council, General Assembly, UN specialised bodies, and regional organisations. It also addresses special legal issues in dealing with terrorism such as gender, religion, victims of terrorism, weapons of mass destruction, and customary law. 2014 832 pp Hardback 978 0 85793 880 0 £205.00 Elgaronline 978 0 85793 881 7 NEW IN PAPERBACK Research Handbook on International Conflict and Security Law Research Handbook on International Law and Migration Edited by Vincent Chetail and Céline Bauloz, Graduate Institute of International and Development Studies, Switzerland Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic. 2014 712 pp Hardback 978 0 85793 004 0 £185.00 Elgaronline 978 0 85793 005 7 Jus ad Bellum, Jus in Bello and Jus post Bellum Research Handbook on International Energy Law Edited by Nigel D. White, University of Nottingham and Christian Henderson, University of Liverpool, UK ‘Events of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.’ – James Crawford, University of Cambridge, UK 2013 704 pp Hardback 978 1 84980 856 9 £191.00 2015 Paperback 978 1 78347 009 9 £45.00 Elgaronline 978 1 84980 857 6 To order, telephone: +44 1235 465500 The specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development. Edited by Kim Talus, University of Eastern Finland International energy law is an elusive but important concept. There is no body of law called ‘international energy law’, nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes. 2014 704 pp Hardback 978 1 78100 219 3 £185.00 Elgaronline 978 1 78100 220 9 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 53 International Law & Human Rights • Public International Law NEW KEY TITLE NEW Epistemic Forces in International Law Compulsory Jurisdiction in International Law Jean d’Aspremont, University of Manchester, UK and University of Amsterdam, the Netherlands Vanda Lamm, Institut de Droit International ‘Jean d’Aspremont is one of the more thoughtful and creative international legal academics of his generation. In this volume of essays, he aims to explore how the ‘invisible college of international lawyers’ (to use a famous phrase) works, based on the idea that insight into the way international lawyers work will also tell us something of great value about international law itself. The result is sometimes compelling, sometimes controversial, and invariably thought-provoking: a must-read for the self-reflective international lawyer.’ – Jan Klabbers, University of Helsinki, Finland ‘Law does not have the seamless consistency of mathematics or moral philosophy; and lawyers need to be aware of its limitations. Many lawyers have quoted Emerson’s great dictum that ‘foolish consistency is the hobgoblin of little minds’, but few have had the courage to act on it. Here, d’Aspremont offers a principled defence of a position that is not only the unavoidable fate of the international lawyer but also the best hope for the rational development of international law.’ – Vaughan Lowe, Oxford University, UK March 2015 c 288 pp Hardback 978 1 78195 527 7 c £80.00 Elgaronline 978 1 78195 528 4 Elgar International Law series The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts’ Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural aspects of the unilateral declarations of acceptance and the reservations added to these declarations. 2014 336 pp Hardback 978 1 78347 320 5 £90.00 Elgaronline 978 1 78347 321 2 International Criminal Procedure The Interface of Civil Law and Common Law Legal Systems Edited by Linda Carter, University of the Pacific, US and Fausto Pocar, University of Milan, Italy, Appeals Judge and formerly of the ICTY, The Hague, the Netherlands ‘This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.’ NEW The South China Sea Disputes and Law of the Sea Edited by S. Jayakumar, Tommy Koh and Robert Beckman, National University of Singapore – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and for Rwanda The South China Sea Disputes and Law of the Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals. 2014 296 pp Hardback 978 1 78347 726 5 £80.00 Elgaronline 978 1 78347 727 2 2013 272 pp Hardback 978 0 85793 957 9 £83.00 2013 Paperback 978 1 78254 428 9 £30.00 Elgaronline 978 0 85793 958 6 Handbook on the Law of Cultural Heritage and International Trade Edited by James A.R. Nafziger, Willamette University, College of Law, US and Robert Kirkwood Paterson, University of British Columbia, Canada This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association. NUS Centre for International Law series NEW RESEARCH COLLECTION Islam and the Law of Armed Conflict 2014 672 pp Hardback 978 1 78100 733 4 £180.00 Elgaronline 978 1 78100 734 1 Essential Readings Research Handbooks on Globalisation and the Law series Edited by Niaz A. Shah, University of Hull, UK This timely collection reveals a multiplicity of perspectives on the Islamic law of war and peace. Prefaced by an original introduction, the carefully selected works demonstrate how the concept of Jihad is interpreted or misinterpreted, examine the rules applicable during the conduct of armed conflict and the significance of peace and security within Islamic tradition. The collection provides valuable insights into the compatibility of the Islamic law of war and peace and the law of armed conflict, demonstrating how the former could minimise unnecessary human suffering during armed conflict. This book is an essential source of reference for everyone interested in this vital relationship. 33 articles, dating from 1985 to 2013 Contributors include: A. Al-Dawoody, M. al-Hasan al-Shaybani, M.C. Bassiouni, K.A. El-Fadl, M.H. Kamali, M.M. Shaltut, H.E. Shaykh Ali Gomaa, A.L. Silverman, F. Vogel, H. Zawati Research Handbook on Global Justice and International Economic Law Edited by John Linarelli 2013 368 pp Hardback 978 1 84844 966 4 £134.00 Elgaronline 978 1 78254 905 5 Research Handbooks on Globalisation and the Law series March 2015 c 800 pp Hardback 978 1 78254 524 8 c £235.00 54 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com International Law & Human Rights • Public International Law ELGAR ADVANCED INTRODUCTIONS Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Elgar Advanced Introductions are available for inspection, Please email: [email protected] (terms and conditions apply, more details on page 4) Advanced Introduction to International Conflict and Security Law NEW KEY TITLE Advanced Introduction to International Humanitarian Law Nigel D. White, University of Nottingham, UK Robert Kolb, University of Geneva, Switzerland ‘A concise and brilliantly written journey through the most challenging aspects of the contemporary laws of war: the distinction between international and non-international armed conflicts, between combatants, fighters and civilians in asymmetric warfare and the so-called “war on terror”, the complex relationship between IHL and international human rights law, the geographical scope of the battlefield in times of cyber warfare, private military companies and targeted killings by armed drones.’ – Manfred Nowak, Vienna University, Austria and Former UN Special Rapporteur on Torture ‘Robert Kolb considers that this is not an introduction for the beginner. Indeed, those seeking a descriptive summary of all the rules of humanitarian law should consult another book or the applicable conventions. For all others, however, this also an inductive, refreshing, committed, yet nuanced introduction, focusing in depth on a few, central issues, and written by one who does not only master this branch of international law, but also the relevant legal, political and historical contexts.’ – Marco Sassòli, University of Geneva, Switzerland ‘A fascinating and inspiring presentation and discussion of the most crucial and controversial features of International Humanitarian Law with respect to its application in contemporary armed conflicts.’ – Professor Fausto Pocar, President, International Institute of Humanitarian Law, Sanremo, Italy and Judge and former President, ICTY, The Hague, the Netherlands This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions – which are at times challenging and controversial – in order to get to the very essence of the subject and give a fresh perspective. The result is an exposition both of the law as it stands, through its written and unwritten rules, and also of the uncertainties, gaps, controversies and practical problems that have arisen. IHL is revealed as a living tool, an ever-adapting means to an everremaining need of protection during times of armed conflict. ‘This is a very welcome publication by Professor Nigel White, an established expert in international conflict and security law. It is an excellent introduction to this area of law. The book is accessible and provides a comprehensive treatment of the subject matter. It represents a distinct contribution by offering a succinct but incisive appraisal of the law and practice in this area and should serve as an excellent source of reference for advanced students, academics, and practitioners.’ – Surya P. Subedi OBE, UN Special Rapporteur for human rights in Cambodia ‘Professor White’s book is a helpful introduction for students to some of the most important legal controversies of our times. From 19th century self-defense doctrine to cyber war, the book covers the relevant topics in an accessible way, providing a good starting place for further research.’ – Mary Ellen O’Connell, University of Notre Dame, US ‘The international law relating to state violence has developed in a fragmented manner. Nigel White offers an original and coherent analysis that guides us through the complex area of conflict and security. The book lucidly charts the rocky legal terrain, but it does not shy away from the political context, addressing also the legitimacy and effectiveness of the rules. This is an accessible and insightful volume.’ – Professor Hilary Charlesworth, Australian National University Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, the use of force, conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control the level of armaments, to limit the occasions when governments can use military force to mitigate the conduct of warfare and to build peace. Key features: • A comprehensive survey of the relevant international law. • In-depth coverage written in an accessible style, structured into short, focused chapters. Key features: • A combination of law, practice and politics that introduces the reader to the complexities of the law. • Focus on key questions, exploring the whole system of law and its practical working. • Detailed coverage of international legal regimes not normally gathered together in one place. • Covers the main principles, sources of law, and implementation. • Concise and accessible, while taking a rigorous approach. • 2014 232 pp Paperback 978 1 78347 753 1 £17.95 2014 Hardback 978 1 78347 751 7 £75.00 eBook 978 1 78347 752 4 2014 160 pp Paperback 978 1 78347 352 6 £17.95 2014 Hardback 978 1 78100 741 9 £75.00 eBook 978 1 78100 742 6 • Leads the reader to think through the topic. War Crimes and the Conduct of Hostilities International Criminal Justice Challenges to Adjudication and Investigation Legitimacy and Coherence Edited by Gideon Boas, William A. Schabas and Michael P. Scharf Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli 2012 336 pp Hardback 978 1 78100 559 0 £83.00 Elgaronline 978 1 78100 560 6 2013 416 pp Hardback 978 1 78195 591 8 £98.00 Elgaronline 978 1 78195 592 5 To order, telephone: +44 1235 465500 A critical evaluation of the direction, purposes and content of international conflict and security law, with particular reference to arms control, use of force, collective security, armed conflict, post-conflict situations and private security actors. I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 55 International Law & Human Rights International Economic Law & the WTO International Law & Human Rights International Law Law Public International Featured series Elgar International Economic Law series Series editors: Alan O. Sykes, New York University, School of Law, US and Mary E. Footer, University of Nottingham, UK Research Handbooks on the WTO series NEW KEY TITLE International Law and Freshwater The Multiple Challenges Edited by Laurence Boisson de Chazournes, Christina Leb and Mara Tignino 2013 488 pp Hardback 978 1 78100 508 8 £129.00 Elgaronline 978 1 78100 509 5 New Horizons in Environmental and Energy Law series Genetic Resources, Equity and International Law Camena Guneratne 2012 336 pp Hardback 978 0 85793 494 9 £93.00 Elgaronline 978 0 85793 495 6 Modern Piracy Legal Challenges and Responses Edited by Douglas Guilfoyle 2013 368 pp Hardback 978 1 84980 484 4 £93.00 Elgaronline 978 1 84980 493 6 Conservation, Biodiversity and International Law Alexander Gillespie 2011 624 pp Hardback 978 0 85793 515 1 £145.00 2013 Paperback 978 1 78100 197 4 £42.00 Elgaronline 978 0 85793 516 8 New Horizons in Environmental and Energy Law series New Horizons in Environmental and Energy Law series ALSO OF INTEREST: Justice for Future Generations Peter Lawrence see page 25 Transboundary Pollution Edited by Robert Beckman, S. Jayakumar, Tommy Koh and Hao Duy Phan see page 29 The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights Justin Malbon, Charles Lawson and Mark Davison see page 34 Advanced Introduction to International Human Rights Law Dinah L. Shelton see page 49 Classics in International Investment Law Edited by August Reinisch see page 59 The Principle of National Treatment in International Economic Law Edited by Anselm Kamperman Sanders see page 59 International Investment Law and the Environment Saverio Di Benedetto see page 60 Indirect Expropriation in International Law Sebastián López Escarcena see page 60 Research Handbook on the Economics of Public International Law Edited by Eugene Kontorovich see page 65 Mavroidis, Messerlin, Prusa & Wauters on Contingent Protection at the WTO Law, Economics and Practice Petros C. Mavroidis, European University Institute, Italy and University of Neuchâtel, Switzerland, Patrick A. Messerlin, Sciences Po, Paris and Groupe d’Economie Mondiale at Sciences Po (GEM), France, Thomas Prusa, Rutgers University, US and Jasper M. Wauters, King & Spalding, Geneva, Switzerland Acclaim for the first edition: ‘The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection.’ – Chad P. Bown, The World Bank, US ‘The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas.’ – Michael Trebilcock, University of Toronto, Canada Described in its first edition as a ‘tour de force’, and now in a second, updated edition, this important book provides an authoritative and comprehensive, interdisciplinary analysis of the three most used contingent protection instruments; anti-dumping, countervailing measures, and safeguards. Now with the addition of a fourth author, Thomas Prusa, the book remains the first and only book to offer a unified and comprehensive practical analysis of both the economic rationale and the complex legal rules underpinning these three measures. With extensive analysis of the case-law that has developed in the intervening years since the first edition, it will simply continue to be the standard reference work for legal practitioners, trade policy analysts and scholars in this field. Sept 2015 c 600 pp Hardback 978 1 78471 191 7 c £155.00 Elgaronline 978 1 78471 192 4 Elgar International Economic Law series Research Handbook on the WTO and Technical Barriers to Trade Edited by Tracey Epps, New Zealand Ministry of Foreign Affairs and Trade and Michael J. Trebilcock, University of Toronto, Canada ‘Congratulations on an outstanding book on the WTO TBT Agreement! International regulations and standards reflect societies’ fundamental choices. Regulating and monitoring them is complex, and the renowned co-authors of this book have well understood the multi-faceted matters at stake. In this book, world experts have seized a unique opportunity provided by the wealth of recent TBT jurisprudence to analyse the different dimensions of the TBT Agreement, a WTO agreement little discussed up to now. WTO experts as well as anyone interested in the reach of WTO law into the balance between national sovereignty and the need for international co-operation must read this book.’ – Gabrielle Marceau, WTO, Legal Affairs Division, UNIGE and Graduate Institute, Geneva, Switzerland International Investment Law Krista Nadakavukaren Schefer see page 59 2013 616 pp Hardback 978 0 85793 671 4 £176.00 Elgaronline 978 0 85793 672 1 Research Handbooks on the WTO series 56 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com International Law & Human Rights • International Economic Law & the WTO ELGAR ADVANCED INTRODUCTIONS Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Elgar Advanced Introductions are available for inspection, Please email: [email protected] (terms and conditions apply, more details on page 4) NEW Advanced Introduction to International Tax Law Reuven S. Avi-Yonah, University of Michigan Law School, US Advanced Introduction to International Tax Law provides a concise yet wide-ranging overview of the key issues surrounding taxation and international law from a world authority on international tax. Systems of taxation deviate between jurisdictions and contrasting, income based levies on both individuals and enterprises are implemented depending on the nature or source of income. This dynamic book explores the nuances of the varying taxation systems, offering expert insight into the scope, reach and nature of international tax regimes, as well as acting as an excellent platform for understanding how the principles of jurisdiction apply to tax and the connected tools that are used by countries in imposing taxes. Advanced Introduction to International Trade Law Michael J. Trebilcock, University of Toronto, Canada Now part of the Elgar Advanced Introductions series is this completely updated edition of the now classic work ‘Understanding Trade Law’. An essential volume for students of international trade law. Michael Trebilcock presents a comprehensive, concise, and accessible account of the legal regime governing the trading system. This revised edition takes account of the latest developments in the field. Like the first edition, this one is a masterful treatment of the subject that should be on the shelf of everyone working in international trade.’ – Andrew Guzman, University of California, Berkeley, School of Law, US ‘Who better to provide this highly accessible yet thorough introduction to international trade law than Michael Trebilcock, one of the world’s preeminent scholars in the field. It introduces all of the important issues in contemporary trade law in straightforward language, capturing the critical details of each topic with both clarity and brevity. It can also serve as an excellent companion to the thick textbooks that accompany international economics or international trade law courses, or help anyone interested in this topic to understand the issues without slogging through legal and economics jargon that makes other sources less approachable.’ – Benjamin Liebman, Saint Joseph’s University, US ‘This volume is authoritative and nuanced, yet concise and highly readable. At a time when international trade law is becoming the de facto law of globalization, affecting practically every area of public policy, Advanced Introduction to International Trade Law is essential reading for policy-makers, scholars, and students alike.’ – Joel P. Trachtman, Tufts University, US Jan 2015 c 232 pp Paperback 978 1 78347 160 7 £17.95 Jan 2015 Hardback 978 1 78347 159 1 £75.00 eBook 978 1 78347 161 4 NEW IN PAPERBACK Research Handbook on Environment, Health and the WTO Key features: • defines and discusses the main types of jurisdiction to tax. • delineates the source of income that is crucial for taxing non-residents and foreign tax credit. • explains in depth both inbound and outbound taxation on both passive and active income. • discussion of transfer pricing, a variant of source-based taxation that lies at the heart of modern efforts to tax corporations at source. • explains how the above elements are influenced by tax treaties and looks forward at the future of the international tax regime. Feb 2015 c 136 pp Paperback 978 1 78195 237 5 £15.95 Feb 2015 Hardback 978 1 78195 231 3 £70.00 eBook 978 1 78195 232 0 Trade Liberalisation and International Co-operation A Legal Analysis of the Trans-Pacific Partnership Agreement Edited by Tania Voon, The University of Melbourne, Australia ‘Professor Tania Voon has assembled a stellar team of authors to produce one of the first collections analysing the Trans-Pacific Partnership Agreement (TPP) – the world’s most important and perhaps controversial contemporary trade agreement – from the legal perspective. Written and published before the conclusion of the negotiations, the collection provides preliminary analysis of the broader legal and policy issues at play during the negotiations. These issues will undoubtedly remain important following the conclusion of the negotiations. The snapshot provided by this collection will remain valuable long after the TPP comes into force.’ – Bryan Mercurio, The Chinese University of Hong Kong This book provides a detailed analysis of major legal and public policy issues arising from the Trans-Pacific Partnership Agreement (TPP) – a treaty that will dramatically change the landscape of international trade, with effects that will be felt on a global scale. Edited by Geert Van Calster, University of Leuven, Belgium and Denise Prévost, Maastricht University, the Netherlands ‘Geert Van Calster and Denise Prévost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.’ – Pieter Jan Kuijper, University of Amsterdam, the Netherlands 2013 296 pp Hardback 978 1 78254 677 1 £83.00 Elgaronline 978 1 78254 678 8 RESEARCH COLLECTION Economics of International Trade Law Edited by Alan O. Sykes Series no. 35 Two volume set 2012 1,428 pp Hardback 978 1 84542 650 7 £459.00 2013 880 pp Hardback 978 1 84720 897 2 £201.00 2014 Paperback 978 1 78254 482 1 £45.00 Elgaronline 978 1 78100 614 6 Economic Approaches to Law series Research Handbooks on the WTO series To order, telephone: +44 1235 465500 NEW I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 57 International Law & Human Rights • International Economic Law & the WTO NEW NEW Emissions Trading and WTO Law A Global Analysis Sustainable Development in International Law Making and Trade Felicity Deane, Queensland University of Technology, Australia International Food Governance and Trade in Agriculture Emissions Trading and WTO Law examines the global trade issues that arise as a result of the introduction of emissions trading frameworks. The book focusses specifically on the rules of the WTO, as a tool to demonstrate where the boundaries exist for acceptable interference with international trade. In doing so, Felicity Deane addresses the thorny issue of the potential global impact of emissions trading frameworks. Elisabeth Bürgi Bonanomi March 2015 c 224 pp Hardback 978 1 78347 441 7 c £70.00 Elgaronline 978 1 78347 442 4 July 2015 c 352 pp Hardback 978 1 78471 726 1 c £90.00 Elgaronline 978 1 78471 727 8 Safeguard Measures in World Trade The Legal Analysis, Third Edition The Preferential Liberalization of Trade in Services Yong-Shik Lee, Director and Professorial Fellow, The Law and Development Institute ‘Now in its third edition, this book has become highly regarded. . . With its focus on international economic and trade law, this is definitely a book to acquire for your professional library. ’ Comparative Regionalism Edited by Pierre Sauvé and Anirudh Shingal, University of Bern, Switzerland ‘Services account for three quarters of GDP in many countries but less than a quarter of global trade. This insightful volume assesses recent evidence on services trade barriers, the extent to which preferential trade agreements liberalize trade in services and whether such liberalization benefits only participants or extends to non-member countries. It provides an excellent overview of the state of knowledge in this important area, as well as a number of detailed case studies of recent trade agreements that include services.’ – Bernard Hoekman, European University Institute, Italy 2014 456 pp Hardback 978 1 78254 895 9 £100.00 Elgaronline 978 1 78254 896 6 Research Handbook on the WTO Agriculture Agreement New and Emerging Issues in International Agricultural Trade Law 2012 336 pp Hardback 978 1 84844 116 3 £123.00 2013 Paperback 978 1 78100 537 8 £37.00 Elgaronline 978 1 78100 123 3 Kateryna Holzer, World Trade Institute, Switzerland Research Handbooks on the WTO series ‘Holzer has authored a fine study of how world trade law supervises important actual and potential climate measures. The book skillfully examines the relevant WTO rules and then applies them to various carbonrelated border adjustments. The author concludes that some carbon measures may be in conflict with trade rules and makes recommendations for how to head off such conflicts. Her innovative suggestions includes recourse to preferential trade agreements.’ Climate Change and International Trade Rafael Leal-Arcas 2013 544 pp Hardback 978 1 78195 608 3 £114.00 Elgaronline 978 1 78195 609 0 – Steve Charnovitz, The George Washington University Law School, US 2014 352 pp Hardback 978 1 78254 998 7 £90.00 Elgaronline 978 1 78254 999 4 Understanding Trade Law Michael J. Trebilcock 2011 224 pp Hardback 978 0 85793 145 0 £83.00 2011 Paperback 978 0 85793 149 8 £22.00 • Elgaronline 978 0 85793 146 7 New edition: ‘Advanced Introduction to International Trade Law’ see page 57 The Global Tobacco Epidemic and the Law ALSO OF INTEREST: Edited by Andrew D. Mitchell and Tania Voon, University of Melbourne, Australia The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights Justin Malbon, Charles Lawson and Mark Davison see page 34 Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. Written by health and legal experts from institutions around the globe, The Global Tobacco Epidemic and the Law examines the key areas of domestic and international law affecting the regulation of tobacco. Handbook on the Law of Cultural Heritage and International Trade Edited by James A.R. Nafziger and Robert Kirkwood Paterson see page 54 2014 360 pp Hardback 978 1 78347 151 5 £90.00 Elgaronline 978 1 78347 152 2 To order, telephone: +44 1235 465500 2014 416 pp Hardback 978 1 78195 606 9 £95.00 Elgaronline 978 1 78195 607 6 Edited by Joseph A. McMahon and Melaku Geboye Desta Carbon-related Border Adjustment and WTO Law 58 – Phillip Taylor MBE and Elizabeth Taylor, Carbon and Climate Law Review I Save up to 20% at www.e-elgar.com I International Investment Law Krista Nadakavukaren Schefer see page 59 Advanced Introduction to Law and Development Michael J. Trebilcock and Mariana Mota Prado see page 60 International Investment Law and the Environment Saverio Di Benedetto see page 60 For our electronic content, visit: www.elgaronline.com International Law & Human Rights • International Investment Law Featured series TEXTBOOK • See page 5 for inspection copy ordering details Elgar International Investment Law series International Investment Law Series editors: Andrea K. Bjorklund, University of California, Davis, US and August Reinisch, University of Vienna, Austria Text, Cases and Materials RESEARCH COLLECTION ‘The book is an excellent introduction to the law of international investment protection. It covers all the essential aspects of this area of international law and presents the relevant issues and problems in a balanced and practical way.’ Edited by August Reinisch, University of Vienna, Austria – Kaj Hobér, Partner, Mannheimer Swartling, Sweden ‘The evolution of international investment law has been one of the more dynamic developments in public international law in recent decades. Many of the key issues have been subjected to careful analysis in articles and book chapters which have become compulsory reading for those active in the field. Professor August Reinisch’s edited collection gathers together these carefully selected contributions to the rich literature on international investment law in a convenient and accessible format, making these contributions easily retrievable. These volumes will be an excellent addition to the library of all scholars, practitioners and policy-makers active in the field of burgeoning field of investment treaty arbitration.’ – Chester Brown, Professor of International Law and International Arbitration, University of Sydney, Australia 41 articles, dating from 1962 to 2011 Contributors include: A. K. Bjorklund, J. Crawford , R.Dolzer, L. Yves Fortier, E. Gaillard, M. Kinnear, J. Paulsson, C. Schreuer, B. Stern ok bo Te xt Classics in International Investment Law Krista Nadakavukaren Schefer, University of Basel, Switzerland ‘This accessible text with its innovative format and breadth of perspectives is an important and much-needed resource for all of those new to investment law, whether they be law students or practitioners seeking an introduction to the field.’ – Andrea K. Bjorklund, University of California, Davis, US This detailed yet concise textbook is a complete introduction to the law of international investment protection. With chapters on the sources of investment law, expropriation, treaty-based principles of protection, dispute settlement, and investment insurance, the text offers instructors a tool to use in its entirety or selectively, on its own or combined with other materials. Written principally for law students, the book contains numerous excerpts from many of the most influential arbitration decisions. This case-book style allows the readers to become familiar with reading opinions, whilst at the same time, the explanations accompanying the case materials eases the task of grasping the core reasoning contained in the decisions. It also makes the book suitable for non-legal readers interested in the processes and implications of mandatory state protection of alien property. Key features: • Balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake. Series no. 6 Two volume set 2014 1,328 pp Hardback 978 1 78100 743 3 £395.00 • Concise – suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area. International Law series • Excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don’t learn in a theoretical vacuum. NEW Research Handbook on Sovereign Wealth Funds and International Investment Law Edited by Fabio Bassan, Roma Tre University, Italy and Sovereign Wealth Funds Law Centre • Questions throughout encourage the reader to come to their own opinions. • ‘Thoughts from an Expert’ pieces from renowned practitioners and scholars provide additional insight into the way things operate in practice. 2013 584 pp Paperback 978 1 78254 608 5 £40.00 2013 Hardback 978 1 78100 310 7 £124.00 Elgaronline 978 1 78100 311 4 Research on the role of sovereign investments in a time of crisis is still unsatisfactory. This Research Handbook illustrates the state of the art of the legal investigation on sovereign investments, filling necessary gaps in previous research. Current focus is based on investment flows and trends, grounded in economic scenarios and objectives. Conversely, investigations from a legal standpoint are still few, namely disregarding the host states’ concerns about sovereign investments goals and tools. Hence, most of the many relevant drivers that affect current sovereign investments, be they FDI or portfolio investments, remain unexplained. This book investigates the juridical foundation of sovereign investments and extends our frontier of understanding. NEW June 2015 c 480 pp Hardback 978 1 78195 519 2 c £140.00 Elgaronline 978 1 78195 520 8 Trade, Investment and Intellectual Property NEW Edited by Anselm Kamperman Sanders, Maastricht University, the Netherlands International Investment Law and Development Edited by Rainer Hofmann, University of Frankfurt, Stephan Schill, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany and Christian J. Tams, University of Glasgow, UK Foreign investment is meant to contribute to the host country’s development, and yet international investment law has often been seen as an obstacle to (sustainable) development. So are investment and development friends or foes? Combining critical reflection and detailed analysis, this timely volume explores the relationship between the two concepts and explores options of harnessing investment for development. The Principle of National Treatment in International Economic Law The principle of national treatment, or the nondiscrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international trade law, international investment law, and intellectual property law. A valuable section at the end of the book draws together the common strands and highlights the variations in application between these fields. 2014 352 pp Hardback 978 1 78347 121 8 £85.00 Elgaronline 978 1 78347 122 5 European Intellectual Property Institutes Network series Aug 2015 c 288 pp Hardback 978 1 78471 134 4 c £80.00 Elgaronline 978 1 78471 135 1 Frankfurt Investment and Economic Law series To order, call: (800) 390-3149 I Save up to 20% at www.e-elgar.com I To get email updates: [email protected] 59 International Law & Human Rights International Investment Law Law & Development Indirect Expropriation in International Law ELGAR ADVANCED INTRODUCTIONS Sebastián López Escarcena, Pontificia Universidad Católica de Chile ‘The precise circumstances in which a governmental measure amounts to an indirect expropriation requiring compensation remains one of the most controversial and important questions of contemporary international investment law. This work provides a comprehensive assessment of how international law has responded to this problem, taking into account the jurisprudence from a range of international courts and tribunals. It provides a helpful oversight of how the law in this area has developed and where it may be heading in the future.’ – James Harrison, University of Edinburgh Law School, UK Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Elgar Advanced Introductions are available for inspection, Please email: [email protected] (terms and conditions apply, more details on page 4) NEW KEY TITLE Advanced Introduction to Law and Development Michael J. Trebilcock and Mariana Mota Prado, University of Toronto, Canada 2014 296 pp Hardback 978 1 78254 410 4 £80.00 Elgaronline 978 1 78254 411 1 Leuven Global Governance series ‘This book reviews the law and development literature on everything from property rights and growth to gender and social development, with stress on the centrality of institutions for successful reform. It introduces the topic for newcomers and can serve as a useful reference guide for pros. The authors are cognizant of both the conventional wisdom on law and development and the views of critics. Committed reformers, they look for ways that legitimate critiques can be dealt with and reform moved ahead. Yet they avoid some of the errors of the reform camp: while some see the rule of law as a development panacea and envision rule of law reform as a simple technocratic enterprise, the authors understand that the relation between law and development is complex and not well understood, acknowledging that effective reform requires flexibility, deep local knowledge and strategic ingenuity.’ International Investment Law and the Environment Saverio Di Benedetto 2013 272 pp Hardback 978 0 85793 664 6 £78.00 Elgaronline 978 0 85793 665 3 Elgar International Investment Law series Law & Development – David Trubek, Harvard Law School and the University of Wisconsin, US This book offers a concise and accessible introduction to the main themes and debates in the field of law and development. It unpacks the role of legal systems and institutions, and investigates what kinds of law and legal arrangements are perceived (correctly or not) to encourage and facilitate development. NEW Intellectual Property Rights as Foreign Direct Investments Starting with a clear and readable overview of the key concepts and theories of development, the authors probe the issues which arise in both private law and public law as well as in international economic relations. The book also brings in key debates relating to politics and identity – especially highlighting gender and development as a topic that poses some of the biggest challenges for institutional conceptions of development. Lukas Vanhonnaeker July 2015 c 232 pp Hardback 978 1 78471 250 1 c £75.00 Elgaronline 978 1 78471 251 8 Elgar International Investment Law series 2014 256 pp Paperback 978 1 78347 339 7 £17.95 2014 Hardback 978 1 78347 338 0 £75.00 eBook 978 1 78347 340 3 NEW China, the European Union and the Developing World Tax, Law and Development A Triangular Relationship Edited by Jan Wouters, Catholic University of Leuven (K.U.Leuven), Jean-Christophe Defraigne, Université Saint Louis and Matthieu Burnay, Catholic University of Leuven (K.U.Leuven), Belgium Edited by Yariv Brauner and Miranda Stewart 2013 416 pp Hardback 978 0 85793 001 9 £98.00 Elgaronline 978 0 85793 002 6 China, the European Union and the Developing World provides a comparative analysis of Chinese and EU influence across five different regions of the developing world: Asia-Pacific; South and Central Asia; the Middle East and North Africa; Sub-Saharan Africa; and Latin America. While there is broad acknowledgement that the importance of China is rising across the developing world, this book offers a comprehensive and comparative account of the relative increase of the Chinese presence in the various different regions. It highlights its impact on the relationship between the EU and the developing world regions and shows how the rise of China affects the relations between these regions and Europe. March 2015 c 576 pp Hardback 978 1 78347 733 3 c £115.00 Elgaronline 978 1 78347 734 0 Leuven Global Governance series 60 To order, telephone: +44 1235 465500 I THOMSON REUTERS’ BOOK CITATION INDEX We were one of the first publishers to agree to include book titles in the new Thomson Reuters’ Book Citation Index. The index is accessed through the Thomson Reuters’ Web of Knowledge research platform by 20 million users across 3,800 research institutions in 90 countries. We expect that this initiative will increase the visibility of Elgar books and help to ensure that citations to your work in our books are fully recognized. Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Law & Economics Or download a copy from www.e-elgar.com Featured series Research Handbooks in Law and Economics series Series editors: Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, and Francesco Parisi, University of Minnesota, US and University of Bologna, Italy New Horizons in Law and Economics series Series editors: Gerrit De Geest, Washington University in St. Louis, US, Roger Van den Bergh, Erasmus University Rotterdam, the Netherlands and Thomas S. Ulen, University of Illinois, Urbana-Champaign, US NEW IN PAPERBACK Third Edition Antony William Dnes, Northcentral University, California, US This is a new and significantly updated edition of a standard text for the field of law and economics. Taking a straightforward approach and written in an accessible manner without reliance on mathematical modelling, it is aimed at law and economics students in law schools as well as economics departments. New to this edition is new and substantially increased coverage of more contemporary fields of vision in the law and economics paradigm, such as intellectual property, family law, and behavioural economics. With an array of exercises and questions throughout the book, and extensive references to further reading, this text reflects the way law and economics is taught in a contemporary context. Aug 2015 c 304 pp Paperback 978 1 78471 750 6 c £45.00 Aug 2015 Hardback 978 1 78195 602 1 c £80.00 eBook 978 1 78195 603 8 NEW IN PAPERBACK The Dynamics of Global Economic Governance The Financial Crisis, the OECD, and the Politics of International Tax Cooperation Law and Economics for Civil Law Systems Richard Eccleston, University of Tasmania, Australia Ejan Mackaay, Université de Montréal and CIRANO, Canada ‘This formidable book offers an insightful unifying perspective on the research carried out in law and economics over the last decades. From his unique Canadian standpoint, Ejan Mackaay is able to bridge over the common and the civil law traditions, illustrating the theory with cases and examples taken from both North American and European legal systems. The rigor of the analysis is accompanied by illuminating discussions, covering both historical developments and up-to-date policy debates.’ – Luigi Alberto Franzoni, University of Bologna, Italy ‘A comprehensive overview of the fundamental principles of law and economics, designed to complement the manner in which law is taught in civil law countries, makes Law and Economics for Civil Law Systems a choice pick for serious-minded students, and superbly bridges two separate academic disciplines.’ – The Midwest Book Review 2013 560 pp Hardback 978 1 84844 309 9 £134.00 2014 Paperback 978 1 78347 764 7 £40.00 Elgaronline 978 1 78254 791 4 ‘In the atmosphere of fiscal emergency after the financial crisis, international tax policy has become a critical concern. There is no better guide to inter-linked political and economic challenges that result than Richard Eccleston’s new book, The Dynamics of Global Economic Governance. Eccleston provides a detailed and authoritative guide to global tax governance after the financial crisis, and makes a highly persuasive case that the current international tax regime is fundamentally flawed in its efforts to combat tax evasion.’ – Jason Sharman, Griffith University, Australia 2013 200 pp Hardback 978 1 84980 279 6 £70.00 2014 Paperback 978 1 78195 350 1 £20.00 Elgaronline 978 1 84980 598 8 Globalisation, the Global Financial Crisis and the State Edited by John H. Farrar and David G. Mayes Awarded the 2013 Vogel book prize 2013 320 pp Hardback 978 1 78100 942 0 £88.00 Elgaronline 978 1 78100 943 7 Private Property and Takings Compensation Theoretical Framework and Empirical Analysis Government Failure Yun-chien Chang Wilfred Dolfsma Society, Markets and Rules 2013 208 pp Hardback 978 0 85793 527 4 £67.00 Elgaronline 978 0 85793 528 1 2013 168 pp Hardback 978 1 78254 606 1 £67.00 Elgaronline 978 1 78254 716 7 Scholarly Monograph Award in the Humanities and Social Sciences, Academia Sinica To order, call: (800) 390-3149 ok Email: [email protected] Principles of Law and Economics bo Law & Economics catalogue NEW TEXTBOOK • See page 5 for inspection copy details Te xt To order a free copy of our I Save up to 20% at www.e-elgar.com I To get email updates: [email protected] 61 Law & Economics International Law Economic Approaches to Law series RESEARCH COLLECTION Series editors: Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US and Francesco Parisi, University of Minnesota, US and University of Bologna, Italy Fairness in Law and Economics This major series, organised by theme, is an essential reference source in the area of law and economics, forming a comprehensive guide to the subject. Each volume is edited by a distinguished specialist in the field and provides an authoritative overview of the respective topic, comprising a careful selection of the most seminal and ground-breaking articles, and prefaced by a new, over-arching introduction. NEW RESEARCH COLLECTION Edited by Lee Anne Fennell and Richard H. McAdams, University of Chicago Law School, US ‘A growing literature probes the relationship between fairness and economic analysis, including work by luminaries such as Arrow and Sen. Fairness in Law and Economics provides an invaluable collection of the key papers on fairness by economists and legal scholars. This volume would be a great starting point for anyone interested in the field.’ – Daniel A. Farber, University of California at Berkeley, US Law and Economics of Uncertainty Edited by Joshua C. Teitelbaum, Georgetown University, US This two-volume collection comprises a selection of the most important works on the economics of uncertainty and its legal applications. The first volume presents seminal contributions to the theory of decision making under uncertainty, from Bernoulli to the present. The second volume continues with articles at the cutting edge of decision theory and the economic analysis of law under uncertainty. Along with an original introduction by Professor Teitelbaum providing an insightful overview of the works selected, this authoritative collection will be a valuable source of reference for economists and legal scholars. 41 articles, dating from 1931 to 2011 Contributors include: R. Aumann, D. Ellsberg, I. Gilboa, C. Manski, E. Posner, L. Savage, D. Schmeidler, U. Segal, A. Stein, E. Talley Two volume set Aug 2015 c 1,392 pp Hardback 978 0 85793 450 5 c £405.00 Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages – and cannot avoid engaging – with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. 37 articles, dating from 1967 to 2011 Contributors include: E. Anderson, J. Elster, E. Fehr, B. Frey, D. Kahneman, L. Kaplow, M. Rabin, A. Sen, S. Shavell, H.P. Young Series no. 40 2013 896 pp Hardback 978 1 78100 529 3 £268.00 RESEARCH COLLECTION Law and Economics of Discrimination NEW RESEARCH COLLECTION Economics of Health Law Edited by Ronen Avraham, University of Texas, School of Law, Austin David A. Hyman, University of Illinois, School of Law, Urbana Champaign and Charles M. Silver, University of Texas, School of Law, Austin, US For this two-volume collection, Professors Avraham, Hyman and Silver have selected seminal contributions by eminent scholars in the fields of law, economics and medicine. The first volume explores the effects of access to healthcare on mortality and clinical outcomes, the financing of healthcare (including payment to providers, expanding costs, health insurance and the provision of long-term care), distribution of spending and expansion of provision. The second volume covers the regulation of healthcare practice, medical malpractice and liability, public health and ethical issues. 50 articles, dating from 1963 to 2013 Contributors include: K.J. Arrow, K. Baicker, E. Elhauge, R. Epstein, A. Finkelstein, D. Kessler, J.P. Newhouse, M.V. Pauly, T. Philipson, B.A. Weisbrod. Edited by John J. Donohue III, Stanford Law School, US ‘This collection assembles many of the most important law and economics articles on discrimination. Together, these articles show the progress that has been made in the last twenty years in using empirical evidence and field experiments to assess the nature and extent of discrimination in different areas, such as labor markets, credit markets, education and criminal justice.’ – Jonathan Levin, Stanford University, US 32 articles, dating from 1971 to 2012 Contributors include: K. Arrow, D. Autor, G. Becker, M. Bertrand, R. Fryer, J. Heckman, S. Levitt, S. Mullainathan, R. Posner Series no. 41 2013 1,000 pp Hardback 978 1 78100 687 0 £325.00 Two volume set Oct 2015 c 1,280 pp Hardback 978 1 78100 387 9 c £375.00 RESEARCH COLLECTION NEW RESEARCH COLLECTION Edited by Richard O. Zerbe, University of Washington, US Efficiency in Law and Economics Law and Economics of Immigration Edited by Howard F. Chang, University of Pennsylvania Law School, US This volume brings together influential and diverse readings on the timely subject of immigration, including not only work published by leading economists in economics journals but also important articles published by legal scholars in law reviews, with a focus on economic issues that are salient in debates over immigration policy. Professor Chang’s introduction not only explains the contribution that each reading makes to our understanding of immigration but also surveys the literature more broadly so as to put the selected readings in context. This book will be a valuable resource for policymakers, academics, and students of immigration law and policy. 24 articles, dating from 1982 to 2013 Contributors include: G. Borjas, A. Bradford, D. Card, A. Cox, G. Hanson, G. Ottaviano, G. Peri, E. Posner, A. Sykes, M. Trebilcock. This collection brings together the key papers in the area of efficiency in law and economics. Alongside an original introduction, the collection covers the applications of economic efficiency to law and the limitations and morality of efficiency. This important book will appeal to anyone interested in the underlying welfare theory relating to the use of economics in law, examining both the history and impact of the theory, as well as its deficiencies. 21 articles, dating from 1958 to 2007 Contributors include: G. Calabresi, A.C. Harberger, J. Klick, A.T. Kronman, F. Parisi, R. Posner, J. Rawls, A. Schwartz, A. Sen, S. Shavell, J. Watson Series no. 43 2014 656 pp Hardback 978 1 78195 319 £195.00 May 2015 c 840 pp Hardback 978 1 78347 487 5 c £280.00 62 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Law & Economics NEW RESEARCH COLLECTION NEW RESEARCH COLLECTION Economics of Legal History Institutional Law and Economics Edited by Daniel Klerman, University of Southern California, US Generations of law and economics scholars have been fascinated by history, seeing in its institutions and laws a vast database for illustrating their theories. Equally, historians have seen economic analysis as a helpful tool with which to analyze legal institutions. As a result a vibrant field has emerged in which people trained in law, economics, history and political science have all made significant contributions. This important volume brings together the most essential works examining legal history from an economic perspective. An original introduction by the editor provides a useful roadmap to the field. 21 articles, dating from 1967 to 2012 Contributors include: H. Demsetz, J. Donohue, R. Ellickson, A. Greif, J. Heckman, G. Libecap, D. North, C. Priest, M. Ramseyer March 2015 c 816 pp Hardback 978 1 78347 168 3 c £240.00 Edited by Pablo T. Spiller, University of California, Berkeley, US The evolving field of institutional law and economics has been the subject of much research in recent years. Professor Spiller, in this authoritative twovolume collection, provides the reader with a selection of seminal articles which chart the development of this topic over the past few decades. Areas discussed include the boundaries of the firm, employment, property rights, private ordering as well as those concerning institutions and public policy and institutional environment and economic performance. This indispensable reference collection will be of immense value to both students and practitioners in the field. 54 articles, dating from 1937 to 2009 Contributors include: H. Demsetz, A. Greif, R. Johnson, P. Joskow, G. Libecap, D. North, L. Telser, B. Weingast, M. Whinston, O. Williamson Two volume set Oct 2015 c 1,760 pp Hardback 978 1 84542 984 3 c £515.00 RESEARCH COLLECTION Customary Law and Economics Edited by Lisa Bernstein, University of Chicago and Francesco Parisi, University of Minnesota Law School, US and University of Bologna, Italy Customary law has been the subject of intense debate and the issues arising from the intersection of customs and the law are far from settled. This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law. Part two focuses on the commercial customary law and includes a number of case studies covering the role and limits of customary systems in a variety of commercial settings. The final section explores the role of custom in international law from a variety of legal and economic perspectives. Along with an original introduction by Professors Bernstein and Parisi, this valuable collection will be of interest to scholars, practitioners and academics with an interest in this diverse and interdisciplinary field. . 20 articles, dating from 1981 to 2013 Contributors: R. Cooter, R. Ellickson, E. Feldman, V. Fon, J. Goldsmith, J. Landa, P. Milgrom, E. Posner, A. Sykes, L. Trakman RESEARCH COLLECTIONS The Economics of Judicial Behaviour The Coase Theorem Edited by Lee Epstein Edited by Richard A. Posner and Francesco Parisi Series no. 38 Two volume set 2013 1,872 pp Hardback 978 1 78100 721 1 £613.00 Series no. 37 Two volume set 2013 1,296 pp Hardback 978 0 85793 791 9 £449.00 Series no. 42 2014 784 pp 978 1 78254 969 7 £230.00 RESEARCH COLLECTION Economic Models of Law Edited by Thomas J. Miceli, University of Connecticut and Matthew J. Baker, Hunter College, CUNY, US The economic approach to law relies on the use of economic models, mostly mathematical, for understanding the nature and function of law. The articles in this collection reflect state-of-theart modeling techniques and explore how to use these to both formulate important questions and resolve particular legal issues. Following an original introduction by the editors, the volume spans the many sub-areas of law and economics (with papers in torts, contracts, property, crime, and legal procedure) and includes a wide range of papers, incorporating classics and some less well-known papers. Economic Models of Law will be an invaluable resource for active scholars as well as an inspiration for the next generation of modelers. 22 Articles, dating from 1981 to 2011 Contributors include: R. Cooter, K. Hylton, W. Landes, A.M. Polinsky, R. Posner, J. Reinganum, D. Rubinfeld, P. Shapiro, S. Shavell, K. Spier RESEARCH COLLECTIONS Economics of Bankruptcy Design of Constitutions Edited by Edward R. Morrison Edited by Stefan Voigt Series no. 34 Two volume set 2012 1,596 pp Hardback 978 1 84542 641 5 £510.00 Series no. 36 2012 780 pp Hardback 978 0 85793 790 2 £258.00 Series no. 44 2014 624 pp Hardback 978 1 78347 205 5 £195.00 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 63 Law & Economics International Law Research Handbooks in Law and Economics series Series editors: Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US and Francesco Parisi, University of Minnesota, US and University of Bologna, Italy Edited by highly distinguished scholars, the landmark reference works in this series offer advanced treatments of specific topics that reflect the state-ofthe-art of research in law and economics, while also expanding the law and economics debate. NEW Research Handbook on Austrian Law and Economics Edited by Todd J. Zywicki and Peter J. Boettke, George Mason University, US The original contributions to this Handbook provide an introduction to the application of Austrian economics to law. The Handbook begins with chapters on the methodology of law and economics. Further chapters discuss key concepts in Austrian economics – dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge – as they relate to topics in evolutionary law (social rules, selfgovernance, dispute resolution) and basic law (torts, antitrust, civil procedure, business and family law). Aug 2015 c 480 pp Hardback 978 1 84980 113 3 c £120.00 NEW Research Handbook on the Economics of Insurance Law Edited by Daniel Schwarcz, University of Minnesota Law School and Peter Siegelman, University of Connecticut Law School, US Insurance law and insurance economics each have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. This Handbook encourages more policy-relevant insurance economics scholarship and more economicallysophisticated legal scholarship by bringing together original contributions from leading scholars in insurance law and insurance economics on a range of issues involving insurance law and regulation. July 2015 c 496 pp Hardback 978 1 78254 713 6 c £150.00 Elgaronline 978 1 78254 714 3 Research Handbook on the Economics of European Union Law Edited by Thomas Eger, University of Hamburg and Hans-Bernd Schäfer, Bucerius Law School, Hamburg and University of Hamburg, Germany This comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. Research Handbook on the Economics of Torts Edited by Jennifer Arlen, New York University, School of Law, US ‘An indispensable resource for anyone interested in economic analysis of tort law, and tort law period. Professor Arlen has assembled an academic all-star team, and its members have prepared up-to-date, high quality, and accessible treatments of centrally important topics ranging from causation and damages to vicarious liability and insurance to tort reform and tort alternatives. With respect to the analysis of tort law through the lenses of empirical and microeconomic analysis, this is now the go-to volume.’ – John Goldberg, Harvard Law School, US 2013 672 pp Hardback 978 1 84844 118 7 £186.00 Elgaronline 978 1 78100 617 7 Research Handbook on the Economics of Criminal Law Edited by Alon Harel, Hebrew University, Israel and Boston University and Keith N. Hylton, Boston University, US Jeremy Bentham and Gary Becker established the tradition of analyzing criminal law in utilitarian and economic terms. This seminal book continues that tradition with specially commissioned, original papers that span the philosophical foundations of the use of economics in criminal law, both traditional economic perspectives and behavioral and experimental approaches to the discipline. 2012 272 pp Hardback 978 1 84844 374 7 £109.00 2013 Paperback 978 1 78195 309 9 £39.95 Elgaronline 978 0 85793 065 1 NEW IN PAPERBACK Research Handbook on the Economics of Labor and Employment Law Edited by Cynthia L. Estlund, New York University, School of Law and Michael L. Wachter, University of Pennsylvania Law School, US ‘Estlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.’ – Kenneth G. Dau-Schmidt, Indiana University, Bloomington, School of Law, US 2012 444 pp Hardback 978 1 84980 100 3 £140.00 2014 Paperback 978 1 78195 414 0 £40.00 Elgaronline 978 1 78100 527 9 Research Handbook on the Economics of Corporate Law 2012 520 pp Hardback 978 1 84980 101 0 £150.00 2014 Paperback 978 1 78195 263 4 £40.00 Elgaronline 978 1 78100 611 5 Edited by Claire A. Hill and Brett H. McDonnell 2012 496 pp Hardback 978 1 84844 958 9 £165.00 2013 Paperback 978 1 78100 547 7 £45.00 Elgaronline 978 1 78100 521 7 64 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Law & Economics Law in Asia NEW To order a free copy of our Research Handbook on Behavioral Law and Economics Asian Studies catalogue Email: [email protected] Edited by Kathryn Zeiler and Joshua Teitelbaum, Georgetown University Law Center, US The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive and emotional forces. The field’s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward. Or download a copy from www.e-elgar.com NEW IN PAPERBACK Dec 2015 c 500 pp Hardback 978 1 84980 567 4 c £150.00 Elgaronline 978 1 84980 568 1 Modern Perspectives on Islamic Law NEW Ann Black, The University of Queensland, Hossein Esmaeili, Flinders University and Nadirsyah Hosen, The University of Wollongong, Australia Research Handbook on the Economics of Public International Law Edited by Eugene Kontorovich, Northwestern University, US Through original and incisive contributions from leading scholars, this Handbook applies economics and other rational choice methods to understanding public international law. The chapters cover a range of topics, from the sources of international law to means of enforcement. The application of economic analysis to public international law is still in its early stages, and the Research Handbook provides a useful overview, as well as setting directions for new research. June 2015 c 560 pp Hardback 978 0 85793 015 6 c £160.00 Elgaronline 978 0 85793 016 3 Research Handbook on Economic Models of Law 2013 320 pp Hardback 978 0 85793 446 8 £88.00 2014 Paperback 978 1 78254 552 1 £30.00 Elgaronline 978 0 85793 447 5 Empirical Studies in Culture, Society and Policy Making One of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art research on the many facets of economic modeling in law. Edited by Dimitri Vanoverbeke and Jeroen Maesschalck, University of Leuven (KU Leuven), Belgium, David Nelken, University of Macerata, Italy and King’s College London, UK and Stephan Parmentier, University of Leuven (KU Leuven), Belgium 2013 384 pp Hardback 978 1 78100 014 4 £134.00 Elgaronline 978 1 78100 015 1 ALSO OF INTEREST: Cartels, Competition and Public Procurement Stefan E. Weishaar see page 7 Comparative Law and Economics Edited by Giovanni B. Ramello and the late Theodore Eisenberg see page 15 Law and Entrepreneurship Edited by Robert E. Litan and Anthony J. Luppino see page 10 Law and the Limits of Government Frank Fagan see page 17 Law and Economics of Mergers and Acquisitions Edited by Steven M. Davidoff and Claire A. Hill see page 10 Emissions Trading Design Stefan E. Weishaar see page 27 Economics of International Trade Law Edited by Alan O. Sykes see page 57 To order, telephone: +44 1235 465500 – Irmgard Marboe, University of Vienna, Austria The Changing Role of Law in Japan Edited by Thomas J. Miceli, University of Connecticut and Matthew J. Baker, Hunter College, CUNY, US Corporate Compliance Sharon Oded see page 12 ‘This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.’ I How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspective on the changing role of law in East Asia, by discussing issues such as society, cultural values, access to the legal system and judicial reform. This innovative book places Japan in the wider context, juxtaposed with Europe, rather than the US, for the first time. 2014 296 pp Hardback 978 1 78347 564 3 £80.00 Elgaronline 978 1 78347 565 0 Chinese Intellectual Property and Technology Laws Edited by Rohan Kariyawasam with Helen Hui 2011 520 pp Hardback 978 1 84980 008 2 £124.00 2013 Paperback 978 0 85793 626 4 £42.00 Elgaronline 978 0 85793 522 9 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 65 International Law in Asia Law NEW Renmin Chinese Law Review: Selected Papers of The Jurist Legal Innovations in Asia Series editor: Jichun Shi, Editor in Chief, The Jurist and Renmin University of China Law School Judicial Lawmaking and the Influence of Comparative Law Edited by John O. Haley, University of Washington, Vanderbilt University and Washington University in St. Louis. and Toshiko Takenaka, University of Washington, School of Law, US ‘For fifty years now, the University of Washington’s Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.’ – J. Mark Ramseyer, Harvard Law School, US Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries. Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia. Legal scholarship in China has grown dramatically in recent years. This work has become particularly important as China dramatically expands its economic and political influence in the world. Renmin Chinese Law Review aims, as a series, to publish the best work on the Chinese legal system, written by top legal scholars researching and working throughout China. Each volume in the series will present the best contributions to Renmin Chinese Law Review (The Jurist) from the preceding year. The volumes in this series intend to bring this important body of research to a wider readership including academics, students, and law practitioners. NEW Renmin Chinese Law Review Selected Papers of The Jurist (法学家), Volume 3 Edited by Jichun Shi, Renmin University of China Law School, China Renmin Chinese Law Review, Volume 3 is the third work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China. This book reflects the study of Chinese law and the reality of Chinese legality and society. Chapters address the developments of the Committee of Politics and Law of CPC, the new challenges China faces in anti-terrorism, the emerging P2P lending in China and the legislation of virtual property inheritance. March 2015 c 416 pp Hardback 978 1 78471 580 9 c £95.00 Elgaronline 978 1 78471 581 6 2014 392 pp Hardback 978 1 78347 278 9 £95.00 Elgaronline 978 1 78347 279 6 Studies in Comparative Law and Legal Culture series Renmin Chinese Law Review Company Law in China Selected Papers of The Jurist (法学家), Volume 2 Regulation of Business Organizations in a Socialist Market Economy Edited by Jichun Shi, Renmin University of China Law School, China JiangYu Wang, National University of Singapore This accessible book offers a comprehensive and critical introduction to the law on business organizations in the People’s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory developments in the company law landscape in China. The book covers a wide range of topics including the definitions of companies as compared with other forms of business organizations, incorporation, shareholders rights and legal remedies, corporate governance (including the fiduciary and other duties and liabilities of directors, supervisors and managers), corporate finance (including capital and shares offering), fundamental corporate changes (including mergers & acquisitions, and takeovers), and corporate liquidation and bankruptcy. In addition to presenting strong doctrinal analysis, the author also considers China’s unique social, political and economic contexts. This is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China. 2014 416 pp Hardback 978 1 84980 572 8 £95.00 Elgaronline 978 1 84980 573 5 Renmin Chinese Law Review Comparative Perspectives on Criminal Justice in China Edited by Jichun Shi This volume aims to reflect study of Chinese law and the reality of Chinese legality and society. Chapters address developments in economic and commercial law, the new challenges China faces in human rights and Chinese international law studies which examines the withdrawal of an international treaty reservation of China and the non-interference policy. 2014 368 pp Hardback 978 1 78347 378 6 £90.00 Elgaronline 978 1 78347 379 3 Selected Papers of The Jurist (法学家), Volume 1 2013 328 pp Hardback 978 1 78254 434 0 £88.00 Elgaronline 978 1 78254 435 7 Edited by Mike McConville and Eva Pils 2013 624 pp Hardback 978 1 78195 585 7 £129.00 Elgaronline 978 1 78195 586 4 Law and Society in Korea @Elgar_Law Edited by Hyunah Yang 2013 256 pp Hardback 978 1 84844 338 9 £73.00 Elgaronline 978 1 78195 363 1 Follow us for our latest news and offers. Elgar Korean Law series 66 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Law in Asia Legal Education & the Legal Profession The Politics of Law and Stability in China The Internationalisation of Legal Education Edited by Susan Trevaskes, Griffith University, Elisa Nesossi, Australian National University, Flora Sapio, The Chinese University of Hong Kong and Sarah Biddulph, University of Melbourne, Australia The Future Practice of Law Edited by William van Caenegem and Mary Hiscock, Bond University, Australia The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Party’s (CCP) rationales for social stability on legal reforms, criminal justice operations and handling of disputes and social unrest inside and outside China’s justice agencies. The book presents an extensive investigation into the conceptual and empirical approaches by the Party-state to control Chinese citizens and to respond to what it sees as potentially de-stabilising social action such as public protest, discord, deviance and criminal behaviour. This timely and important study reaches across a broad variety of areas within the legal sphere, including substantive criminal law and criminal procedure law reform, labour law, environment and land disputes, policing and surveillance, and anti-corruption drives. The central thread running through all the chapters concerns how the imperative of social stability has underpinned key Party-state approaches to social management and responses to crime, legal disputes and social unrest across the last decade in China. NEW Legal Services Regulation at the Crossroads Justitia’s Legions ‘I have been delighted to have been able to observe, and discuss with, Professor Noel Semple the evolution of this outstanding book over the past three years. In my view, there is no comparable treatment of the regulation of legal services in North America that is as comprehensive in its substantive coverage, broadly interdisciplinary in the perspectives it engages, and original in the insights it offers.’ The Chinese Anti-Monopoly Law New Developments and Empirical Evidence – Extract from Foreword by Michael Trebilcock, University of Toronto, Canada Through a comparative study of English-speaking jurisdictions, this book seeks to illuminate the policy choices involved in legal services regulation as well as the important consequences of those choices. Regulation can protect the interests of clients and the public, and reinforce the rule of law. On the other hand, legal services regulation can also undermine access to justice and suppress innovation, while failing to accomplish any of its lofty ambitions. The book seeks a path forward to increasing regulation’s benefits and reducing its burdens for clients and for the public. It proposes a client-centric approach to enhance access to justice and service quality, while revitalizing legal professionalism, self-regulation, and independence. Edited by Michael Faure and Xinzhu Zhang 2013 424 pp Hardback 978 1 78100 323 7 £103.00 Elgaronline 978 1 78100 324 4 New Horizons in Competition Law and Economics series Feb 2015 c 336 pp Hardback 978 1 78471 165 8 £85.00 Elgaronline 978 1 78471 166 5 ALSO OF INTEREST: The Evolution of China’s Anti-Monopoly Law Xiaoye Wang see page 7 Handbook of Chinese Environmental Law Edited by Qin Tianbao see page 24 Competition Law and Policy in Japan and the EU Etsuko Kameoka see page 7 Beyond Territorial Disputes in the South China Sea Edited by Robert Beckman, Ian Townsend-Gault, Clive Schofield, Tara Davenport and Leonardo Bernard see page 29 Corporate Social Responsibility in Contemporary China Jingchen Zhao see page 12 Innovation and Intellectual Property in China Edited by Ken Shao and Xiaoqing Feng see page 39 Comparative Constitutional Law in Asia Edited by Rosalind Dixon and Tom Ginsburg see page 17 The South China Sea Disputes and Law of the Sea Edited by S. Jayakumar, Tommy Koh and Robert Beckman see page 54 Japan and Civil Jury Trials Matthew J. Wilson, Hiroshi Fukurai and Takashi Maruta see page 17 China, the European Union and the Developing World Edited by Jan Wouters, Jean-Christophe Defraigne and Matthieu Burnay see page 60 Cybercrime in the Greater China Region Lennon Yao-chung Chang see page 20 2014 336 pp Hardback 978 1 78347 453 0 £85.00 Elgaronline 978 1 78347 454 7 Noel Semple, University of Windsor, Faculty of Law, Canada 2014 304 pp Hardback 978 1 78347 386 1 £80.00 Elgaronline 978 1 78347 387 8 Enterprise Law Edited by Zenichi Shishido see page 10 ‘This is a fascinating collection of essays on how the world of legal education is responding to the globalisation challenge. It deserves a place on the shelf of every legal academic and practitioner with a serious interest in legal education. The utility of the book is enhanced by the fact that it is written from a variety of different and critical perspectives. It comes highly recommended.’ – Gerard McCormack, School of Law, University of Leeds, UK To order, telephone: +44 1235 465500 I Law as Engineering Thinking About What Lawyers Do David Howarth, University of Cambridge, UK ‘This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.’ – Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel 2013 256 pp Hardback 978 0 85793 377 5 £73.00 2014 Paperback 978 1 78254 013 7 £25.00 Elgaronline 978 0 85793 378 2 Lawyers, Markets and Regulation Frank H. Stephen 2013 192 pp Hardback 978 1 78100 267 4 £67.00 Elgaronline 978 1 78100 268 1 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 67 International Philosophy ofLaw Law & Legal Scholarship The Rule of Law NEW KEY TITLE The Common Sense of Global Politics Critical Reflections on Ownership Christopher May, Lancaster University, UK Mary Warnock, House of Lords, UK ‘Mary Warnock’s Critical Reflections on Ownership is a sustained meditation on the significance that ownership has for us from one our finest philosophical voices.’ – J E Penner, author of The Idea of Property in Law In this thought provoking work, Mary Warnock explores what it is to own things, and the differences in our attitude to what we own and what we do not. Starting from the philosophical standpoints of Locke and Hume, the ownership of gardens is presented as a prime example, exploring both private and common ownership, historically and autobiographically. Concluding that, besides pleasure and pride, ownership brings a sense of responsibility for what is owned, a fundamental question is brought to light. Can we feel the same responsibility for what we do not, and never can, own? Applying this question to the natural world and the planet as a whole, a realistic and gradualist perspective is offered on confronting global environmental degradation. Critical Reflections on Ownership examines the effect of the Romantic Movement on our attitudes to nature and is a salient commentary on the history of ideas. July 2015 c 180 pp Hardback 978 1 78195 546 8 c £65.00 Elgaronline 978 1 78195 548 2 Critical Reflections on Human Rights and the Environment series NEW ‘For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading. – Susanne Soederberg, Queen’s University, Canada ‘Christopher May’s The Rule of Law is clearly a must for all those interested in legal problems, international political economy, economic development, post-conflict restructuring or, more generally, the role of norms in today’s globalised world. A timely and insightful disruption of the monotony of the rule of law discourse, this book definitely calls into question our supposedly commonsensical assumptions and self-evident practices. It is, therefore, clearly a significant achievement and undoubtedly recommended.’ – Ignas Kalpokas, LSE Book Review 2014 272 pp Hardback 978 1 78100 894 2 £80.00 Elgaronline 978 1 78100 895 9 Private International Law & Dispute Resolution Private International Law series Understanding the Nature of Law A Case for Constructive Conceptual Explanation Series editor: Symeon C. Symeonides, Willamette University, College of Law, US Michael Giudice, York University, Toronto, Canada This book takes up methodological questions in legal philosophy about the proper way of understanding law. Among these questions one is central: is there something about the nature of law itself which determines how it ought to be explained? In this important new book, Michael Giudice argues that many conceptual theories of law are best understood not as the results of conceptual analysis, but instead as constructive conceptual explanations. Such emphasis, the author maintains, has the potential to resolve many methodological issues and move legal theory back from methodological disputes to first-order theorizing about law. Aug 2015 c 240 pp Hardback 978 1 78471 880 0 c £75.00 Elgaronline 978 1 78471 881 7 NEW IN PAPERBACK What Legal Scholarship is About Bert van Roermund, Tilburg University, the Netherlands Edited by Horatia Muir Watt, Sciences-Po Law School, France The conspicuous absence of private international law from the current global governance debate may be traced in part to its traditional ‘public law taboo’, fed by liberal understandings of statehood and its characteristic public/private divide, in the context of the modern schism between the public and private branches of international law. Alongside an original introduction, the materials assembled in this important collection are of immediate interest to both public and private international lawyers, and more broadly to all those interested in new forms of global governance and the theory of law beyond the state. Two volume set July 2015 c 1,920 pp Hardback 978 1 78254 779 2 c £560.00 ‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “we”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’ RESEARCH COLLECTION Jurisdiction and Private International Law Edited by Patrick J. Borchers, Creighton University, US – Bernhard Waldenfels, Ruhr-University Bochum, Germany 2013 320 pp Hardback 978 1 78195 549 9 £83.00 2014 Paperback 978 1 78195 550 5 £30.00 Elgaronline 978 1 78195 551 2 The Mind and Method of the Legal Academic ‘These volumes offer an excellent collection of some of the best scholarship on personal jurisdiction and private international law selected and edited by one of the leading American scholars in the field. Jurisdiction and Private International Law is an essential resource for scholars in both common law and civil law jurisdictions, a great option for students, and a useful reference for practitioners. I heartily recommend it.’ – Christopher A. Whytock, University of California, Irvine, US Jan M. Smits 38 articles in the two-volume collection Contributors include: L. Brilmayer, L. Collins, L.G. Radicati di Borzolo, P. Hay, F.K. Juenger, A. Lowenfeld, C.G.J. Morse, H. Smit, A.T. von Mehern, R. Weintraub 2012 192 pp Hardback 978 0 85793 654 7 £67.00 2013 Paperback 978 1 78254 038 0 £21.00 Elgaronline 978 0 85793 655 4 To order, telephone: +44 1235 465500 Private International Law and Public law 45 articles, dating from 1927 to 2014 Contributors include: J. Bomhoff, L. Collins, David Kennedy, Duncan Kennedy, B. Kingsbury, M. Koskiennemi, A.F. Lowenfeld, F.A. Mann, C. McClachlan, R. Michaels. Legal Thought and Philosophy 68 NEW RESEARCH COLLECTION Series no. 1 Two volume set 2014 1,616 pp Hardback 978 1 78254 426 5 £460.00 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Private International Law & Dispute Resolution Regulation & Governance NEW NEW Private International Law, Art and Cultural Heritage Public–Private Partnerships and the Law Christa Roodt, University of Glasgow, UK In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the context of ownership claims and the illicit trafficking of cultural objects. She shows how, in decisions about classification and the public policy exception, and in the application and treatment of foreign public law, valuerationality and mutuality can defeat the dogmatic underpinnings of conflicts and jurisdiction rules that frustrate the achievement of global solidarity. April 2015 c 416 pp Hardback 978 1 78100 215 5 c £95.00 Elgaronline 978 1 78100 216 2 Regulation, Institutions and Community Yseult Marique, University of Essex, UK This timely book examines the legal regulation of Public–Private Partnerships (PPPs) and provides a systematic overview of PPPs and their functions. It covers both the contractual relationships between public and private actors and the relationships between PPPs and third parties, such as end-users. 2014 328 pp Hardback 978 1 78100 454 8 £85.00 Elgaronline 978 1 78100 455 5 NEW Private Regulation series Research Handbook on EU Private International Law Edited by Peter Stone and Youseph Farah, University of Essex, UK ‘This book offers a very timely and exquisite insight into some of the most pressing challenges of EU private international law – itself an area of the law with growing impact on practice, academia, and the further development of EU law generally. Peter Stone and Youseph Farah have gathered a steller team of commentators to guide the reader through some of the intricate mazes of EU conflicts law. A delight.’ – Geert van Calster, University of Leuven, Belgium The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the member states. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. May 2015 c 400 pp Hardback 978 1 78195 454 6 c £130.00 Elgaronline 978 1 78195 455 3 Research Handbooks in European Law series Under the general editorship of Fabrizio Cafaggi, and the guidance of a small, international advisory board including leading figures David Levi Faur, Katharina Pistor and Colin Scott, this Private Regulation series is a forum for monographs and collaborative, interdisciplinary volumes on private regulation through the lenses of law, economics, political science, sociology and philosophy. The role of transnational regulation and global governance is reshaping the distribution of power and opportunities across the world, calling for a radical conceptual transformation. Each of the books in the series will appeal not only to an academic audience but will also engage policy makers and practitioners involved in designing, implementing and enforcing regulatory policies. Enforcing Transnational Private Regulation A Comparative Analysis of Advertising and Food Safety Paul Verbruggen, Radboud University Nijmegen, the Netherlands ‘Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.’ NEW EU Private International Law Third Edition – Julia Black, London School of Economics, UK Peter Stone, University of Essex, UK Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject. 2014 328 pp Hardback 978 1 78347 684 8 £90.00 Elgaronline 978 1 78347 685 5 NEW IN PAPERBACK Enforcement of Transnational Regulation 2014 592 pp Hardback 978 1 78254 450 0 £120.00 Elgaronline 978 1 78254 451 7 Elgar European Law series Ensuring Compliance in a Global World Resolving Mass Disputes Edited by Fabrizio Cafaggi, Scuola Nazionale dell’amministrazione, Rome, and Center for Judicial Cooperation, EUI, Florence, Italy ADR and Settlement of Mass Claims ‘Globalization pushes the boundaries of markets. Alongside the greater “goods” of transnational economic activity come the “bads” of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the superstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.’ Edited by Christopher Hodges and Astrid Stadler 2013 336 pp Hardback 978 1 78254 690 0 £93.00 Elgaronline 978 1 78254 691 7 – Samuel Issacharoff, New York University, School of Law, US 2012 400 pp Hardback 978 1 78100 372 5 £93.00 2014 Paperback 978 1 78100 543 9 £35.00 Elgaronline 978 1 78100 373 2 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 69 International Law Regulation & Governance Featured series NEW RESEARCH COLLECTION Private Regulation series Business Regulation Series editor: Fabrizio Cafaggi, European University Institute, Italy NEW EU Chemicals Regulation New Governance, Hybridity and REACH Steven Vaughan, University of Birmingham, UK This book provides an exploratory, explanatory and normative account of REACH – the EU Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals – and its regulator, the European Chemicals Agency (ECHA). There are more than one million words of official ECHA guidance to accompany the 516 pages of REACH. This book sets out a detailed analysis of REACH and ECHA’s guidance and, in so doing, offers up a complex, nuanced and differentiated account of hybrid new governance. 115 articles, dating from 1871 to 2013 Contributors include: J. Braithwaite, M. Eisner, S. Jasanoff, G. Majone, D. Moss, C. Parker, P. Sabatier, P. Schmitter, W. Streeck, K. Viscusi, J. Wiener NEW Handbook of the International Political Economy of Governance Juridification and Social Citizenship in the Welfare State Edited by Anthony Payne and Nicola Phillips, University of Sheffield, UK Since the 1990s many of the assumptions that anchored the study of governance in international political economy have been shaken loose. Reflecting on the intriguing and important processes of change that have occurred, and are occurring, Professors Anthony Payne and Nicola Phillips bring together the best research currently being undertaken in the field. They explore the complex ways that the global political economy is presently being governed, and indeed misgoverned. Covering all themes central to the field of politics, this extensive and detailed Handbook will be of great value to students of governance, political economy, international relations and development studies. 2014 512 pp Hardback 978 0 85793 347 8 £150.00 Elgaronline 978 0 85793 348 5 Handbooks of Research on International Political Economy series The New Regulatory Space Edited by Henriette Sinding Aasen, University of Bergen, Siri Gloppen, University of Bergen/ Michelsen Institute, Anne-Mette Magnussen, Bergen University College and Even Nilssen, Uni Rokkan Centre, Bergen, Norway The concept of juridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. This timely book questions the impact international and national regulations have upon vulnerable groups (the unemployed, patients, prisoners, immigrants, and others) in terms of inclusion, exclusion and social citizenship. Focusing on European welfare states, as well as lessons from Latin America, it considers the implementation of the right to health and the role of international courts. This book brings empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state. 2014 328 pp Hardback 978 1 78347 022 8 £85.00 Elgaronline 978 1 78347 023 5 Reframing Democratic Governance Frank Vibert, London School of Economics, UK NEW ‘As different forms of authority becomes increasingly both distributed and inter-dependent, Frank Vibert’s book offers a systemic analysis of regulation. It presents an ambitious and far-reaching study using and developing the concept of regulatory space. It studies systems as a whole and relates regulation to other systems of authority. It offers a rare example of a study that examines both the internal workings of systems and their relationships with other systems. A creative and thought-provoking work.’ The Changing Landscape of Food Governance Public and Private Encounters Edited by Tetty Havinga, Radboud University Nijmegen, Frans van Waarden, Utrecht University, the Netherlands and Donal Casey, University of Kent, UK – Mark Thatcher, London School of Economics, UK ‘This book makes a major contribution to our understanding of how significantly food governance is changing at both the national and international levels. What is particularly noteworthy about this volume is how clearly and comprehensively it integrates the important public and private dimensions of food governance.’ – David Vogel, University of California, Berkeley, US 2014 240 pp Hardback 978 1 78347 674 9 £70.00 Elgaronline 978 1 78347 675 6 As markets become more globalized, they have also become governed by an increasingly complex array of public and private regulation. This volume investigates the changing landscape of food governance. In so doing, the contributions to this volume provide insights into broader analytical issues that have concerned regulatory governance scholars. These include the legitimacy and effectiveness of public and private regulation, the interaction of networks of regulation, regulatory responses to crisis and the distribution of power in regulatory arrangements. Managing Food Safety and Hygiene Governance and Regulation as Risk Management Bridget M. Hutter March 2015 c 296 pp Hardback 978 1 78471 540 3 c £80.00 Elgaronline 978 1 78471 541 0 2011 224 pp Hardback 978 0 85793 570 0 £88.00 2013 Paperback 978 1 78100 380 0 £26.00 Elgaronline 978 0 85793 571 7 To order, telephone: +44 1235 465500 This comprehensive collection conveys leading scholarly ideas on modern regulatory governance since 1871. The first two volumes lay out the rationales for and critiques of technocratic governance in industrialized societies. They trace the evolution of regulatory institutions, highlighting the most recent era of globalization, deregulation, privatization and regulatory innovation. The third volume presents influential frameworks for understanding regulatory culture in action, assessing the impacts of regulatory policies, and explaining regulatory change. With an original introduction by the editor, this set is a definitive compendium for libraries, regulators, administrative lawyers, regulated businesses, NGOs and scholars of regulation from across the social sciences. Three volume set May 2015 c 2,143 pp Hardback 978 1 78195 159 0 c £720.00 Aug 2015 c 256 pp Hardback 978 1 78471 130 6 c £75.00 Elgaronline 978 1 78471 131 3 70 Edited by Edward J. Balleisen, Duke University, US I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com Regulation & Governance NEW Research Handbook on Transparency Regulatory Worlds Edited by Padideh Ala’i and Robert G. Vaughn, American University Washington College of Law, US Cultural and Social Perspectives when North Meets South Mark Findlay, Singapore Management University and University of Sydney, Australia and Lim Si Wei, University of Leiden, the Netherlands ‘Mark Findlay and Lim Si Wei explore how economics and governance are socially embedded through deft moves from one part of the globe to another. How can there be regulation that is unresponsive to culturally distinctive East Asian principles of ‘face’? How can integrity survive in migrant labour contracts? This is a searing engagement with challenges of inequality in contemporary capitalism that can only be confronted by a principled embedded regulation. The limits of Western models of the national regulator are evocatively exposed with a distinctive theoretical sophistication.’ – John Braithwaite, Australian National University 2014 232 pp Hardback 978 1 78347 030 3 £75.00 Elgaronline 978 1 78347 031 0 ‘For me this book could have been titled, “Everything I Ever Wanted To Know About Transparency Policy And Law—But Didn’t Know Enough To Ask.” It is masterful and unmatched in depth, scope, and acuity. It convincingly analyzes the complexities of transparency on a comparative basis in terms of goals, culture and government, legal approaches, and global governance. What is transparency? What can it be? What are its consequences? How can it be promoted and regulated? Henceforth no one should seriously attempt to address such questions without first reading this outstanding book.’ – David H. Rosenbloom, American University, US ‘”Transparency” has multiple, contested meanings. This broad-ranging volume accepts that complexity and thoughtfully contrasts alternative views through conceptual pieces, country cases, and assessments of policies–such as freedom of information laws, whistleblower protections, financial disclosure, and participatory policymaking procedures.’ – Susan Rose-Ackerman, Yale University Law School, US NEW 2014 432 pp Hardback 978 1 78100 793 8 £140.00 Elgaronline 978 1 78100 794 5 Regulating Judicial Activity in Europe A Guidebook to Working Practices of the Supreme Courts ALSO OF INTEREST: Edited by Network of the Presidents of the Supreme Judicial Courts of the European Union The Governance and Regulation of International Finance Geoffrey P. Miller and Fabrizio Cafaggi see page 10 The role of the European judiciary has, in recent years, undergone a significant upheaval that has led to a realignment of judicial, legislative and executive powers. This exciting new book provides an insiders perspective on how these changes have affected the practical aspects of life in the European judiciary. Environmental Regulation Edited by John McEldowney and Sharron McEldowney see page 24 This first book in Elgar’s new series on judicial review and cooperation covers areas central to the evolution of the judiciary’s role, including the protection of its independence, the working conditions of the judiciaries, as well as their relations with outside partners. With great insight, the contributors to this volume explore the shifting role that courts play as both legal innovators and system stabilizers. In order to carry out these roles effectively the judiciary must strive for cooperation: this book makes a valuable contribution to that aim. Regulating Disasters, Climate Change and Environmental Harm Edited by Michael Faure see page 30 Regulatory Competition in the Internal Market Barbara Gabor see page 33 Comparative Ocean Governance Robin Kundis Craig see page 27 Legal Services Regulation at the Crossroads Noel Semple see page 67 Global Environmental Governance Louis J. Kotzé see page 27 Lawyers, Markets and Regulation Frank H. Stephen see page 67 2014 160 pp Hardback 978 1 78347 892 7 £65.00 Elgaronline 978 1 78347 893 4 Judicial Review and Cooperation series NEW RESEARCH COLLECTION Elgarblog Competition and Regulation in Energy Markets Edited by Sebastian Eyre, London School of Economics and Michael G. Pollitt, University of Cambridge, UK Featuring an original introduction by the editors, this carefully selected collection of essays explores the main issues surrounding competition and regulation in electricity markets. The industry is experiencing irresistible forces for change driven by energy policy objectives; a reassessment of market regulation in the face of high energy prices and the response to consumer pressure to agree on what constitutes a fair price for energy. This volume identifies the key articles that underpin the debate across the industries supply chain (generation, supply and networks) and from a regulatory perspective (including market power and incentive regulation). The volume then considers the overall impact of liberalisation and future developments. 40 articles, dating from 1885 to 2013 Contributors include: W. Baumol, S. Borenstein, H. Hotelling, P. Joskow, S. Littlechild, R. Schmalensee, A. Shleifer, G. Stigler, A. Sweeting, L. Weiss. Sept 2015 c 832 pp Hardback 978 1 78347 977 1 c £275.00 Crisis for Public–Private Partnerships: How Can the Law Help? By Yseult Marique Details of the new book by Yseult Marique ‘Public–Private Partnerships and the Law’ can be found on page 69. Juridification and Social Citizenship By Henriette Sinding Aasen Details of Professor Aasen’s new book ‘Juridification and Social Citizenship in the Welfare State’ can be found on page 70. www.elgarblog.wordpress.com The International Library of Critical Writings in Economics series To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com 71 International Author Index Law A C Aasen, Henriette Sinding .......... 70 Abate, Randall S. ............... 24 Abbott, Frederick M. ......... 41 Abbott, Kenneth W. .......... 47 Abell, Mark ....................... 38 Abu Gosh, Ehab S. ............. 23 Aginam, Obijiofor ............. 45 Ahn, Sanghoon ................. 42 Ala’i, Padideh .................... 71 Allenby, Braden ................. 47 Andersen, Mikael Skou ..... 29 Andreangeli, Arianna .......... 6 Ang, Steven ....................... 42 Aradhyula, Satheesh ......... 29 Araki, Takashi .................... 21 Arapostathis, Stathis ......... 40 Arlen, Jennifer .................. 64 Arnone, Marco .................. 19 Ashiabor, Hope ................. 22 Ashton, David ..................... 7 Athanassiou, Phoebus ........ 9 Auby, Jean-Bernard ........... 20 Avi-Yonah, Reuven S. ........ 57 Avraham, Ronen ............... 62 Cafaggi, Fabrizio ............ 9, 69 Cahoy, Daniel R. .......... 43, 50 Calboli, Irene ..................... 42 Calo, Ryan ......................... 46 Cardwell, Michael ............. 31 Carpenter, Megan M. ........ 40 Carter, Linda ...................... 54 Casey, Donal ..................... 70 Cerone, John P. ................. 52 Chambers-Jones, Clare ..... 18 Chang, Howard F. .............. 62 Chang, Lennon Yao-chung ......... 20 Chang, Yun-chien .............. 61 Chen, Ding ........................ 11 Chetail, Vincent ................ 53 Cheung, Anne S.Y. ............. 46 Chiu, Iris Hse-Yu .................. 9 Clapham, Andrew ............. 48 Clark, David S. ................... 15 Clarke, Julie ......................... 7 Cliquet, An ........................ 28 Cohen, Miriam Alfie .......... 28 Cole, David ........................ 17 Colomb, Fabrice ................ 22 Correa, Carlos M. .............. 41 Cory, Dennis C. .................. 29 Craig, Robin Kundis ........... 27 Crowe, Jonathan ............... 51 Cullen, Jay ......................... 10 Cumper, Peter ................... 51 Cunningham, Robert ......... 39 Cutcher-Gershenfeld, Joel ................................ 21 Cygan, Adam ..................... 33 B Bagnoli, Vicente .................. 6 Bainbridge, Stephen M. .... 11 Baker, Matthew J. ............. 65 Balleisen, Edward J. .......... 70 Barbier, Jean-Claude ......... 22 Barth, James R. ................. 10 Bassan, Fabio .................... 59 Baughen, Simon ................ 12 Bauloz, Céline ................... 53 Beckman, Robert ........ 29, 54 Beekarry, Navin ................. 20 Beldiman, Dana .......... 40, 42 Bernard, Leonardo ............ 29 Bernstein, Lisa .................. 63 Biddulph, Sarah ................ 67 Bigdeli, Sadeq ................... 28 Bignami, Francesca ........... 15 Bird, Robert C. .................. 50 Black, Ann ......................... 65 Blackett, Adelle ................. 53 Blakeney, Michael ....... 37, 38 Blitz, Brad K. ...................... 49 Blockmans, Steven ............ 31 Blomqvist, Jørgen ............. 39 Boas, Gideon ..................... 55 Boettke, Peter J. ................ 64 Boisson de Chazournes, Laurence .................. 25, 56 Borchers, Patrick J. ............ 68 Borlini, Leonardo S. .......... 19 Bosselmann, Klaus ............ 26 Bovis, Christopher H. ........ 32 Braithwaite, John .............. 45 Brauner, Yariv .................... 60 Breen, Emmanuel ............. 20 Brölmann, Catherine ........ 53 Brown, Abbe E.L. .............. 43 Brown, A.J. ........................ 21 Brown, Ian ........................ 46 Bubela, Tania .................... 42 Buchan, Russell ................. 52 Bürgi Bonanomi, Elisabeth......................... 58 Burnay, Matthieu .............. 60 Burns, Melissa Anne ......... 29 Bussani, Mauro ................. 15 72 D Dahan, Frederique .............. 9 Daly, Erin ........................... 24 Darbellay, Aline ................. 10 Das, Onita ......................... 30 d’Aspremont, Jean ............ 54 Davenport, Tara ................ 29 Davidoff, Steven M. .......... 10 Davies, A.C.L. .................... 32 Davison, Mark ................... 34 Dawson, Mark ................... 33 Daya-Winterbottom, Trevor.............................. 28 De Baere, Geert ................ 51 de Cendra de Larragán, Javier ............................. 27 de Hauteclocque, Adrien .............................. 6 de la Vega, Connie ............ 48 De Schutter, Olivier ........... 48 De Smedt, Peter ................ 26 de Werra, Jacques ............ 36 de Witte, Bruno ................ 33 de Zwart, Francesco ........... 12 Deane, Felicity .................. 58 Defraigne, Jean-Christophe ............ 60 Deleanu, Ioana .................. 20 Dernbach, John C. ............. 26 Desta, Melaku Geboye ...... 58 Determann, Lothar ........... 47 Di Benedetto, Saverio ....... 60 Dine, Janet .................. 12, 50 Dinwoodie, Graeme B. ............... 37, 39 Dixon, Rosalind ................. 17 To order, telephone: +44 1235 465500 I Dnes, Antony William ....... 61 Dodds, Klaus ..................... 25 Dolfsma, Wilfred ............... 61 Donohue III, John J. ........... 62 Donovan, Anna P. ................ 9 Dragneva, Rilka ................. 33 Drahos, Peter .................... 41 Dreier, Thomas ................. 35 Drexl, Josef ................... 6, 45 Du Plessis, Anel ................. 28 du Plessis, Willemien ........ 28 Dubovec, Marek ............... 10 Duff, David ........................ 22 Duke, Arlen ....................... 15 Dukes, Graham ................. 45 Duns, John .................. 12, 15 Dutfield, Graham ........ 35, 40 E Eccleston, Richard ............. 61 Edmunds, Rod ..................... 9 Edward, David ................... 31 Eger, Thomas .................... 64 Eijffinger, Sylvester .............. 8 Eisenberg, Theodore ......... 15 Epps, Tracey ...................... 56 Epstein, Lee ...................... 63 Esmaeili, Hossein .............. 65 Estlund, Cynthia L. ............ 64 Eyre, Sebastian ................. 71 Ezrachi, Ariel ....................... 8 Gibson, Johanna ............... 34 Gillespie, Alexander .......... 56 Ginsburg, Jane .................. 35 Ginsburg, Tom ............. 16, 17 Giudice, Michael ................ 68 Gjyshi, Rigers ...................... 8 Gloppen, Siri ..................... 70 Goldberg, Victor P. ............ 13 Gold, E. Richard ................ 42 Gonzalez Marquez, Jose Juan ....................... 28 Graber, Christoph B. ......... 43 Grant, Evadne ............. 47, 50 Graycar, Adam .................. 20 Grear, Anna ..... 25, 47, 49, 50 Greenberg, Marc H. .......... 44 Gruner, Richard S. ............. 37 Guennif, Samira ................ 45 Guilfoyle, Douglas ............. 56 Guneratne, Camena .......... 56 Guzmán, Alenka ................ 45 H Fabbrini, Federico ............. 17 Fagan, Frank ...................... 17 Farah, Youseph ................. 69 Farrar, John H. ................... 61 Faure, Michael ....... 23, 26, 30, 67 Feng, Xiaoqing .................. 39 Fennell, Lee Anne ............. 62 Feris, Loretta ..................... 28 Ferwerda, Joras ................. 20 Fick, Barbara J. .................. 21 Filippelli, Marilena .............. 7 Filis, Andrew ..................... 23 Findlay, Mark .................... 71 Finkin, Matthew W. ..... 15, 21 Fischinger, Philipp ............. 21 Fisher, Douglas .................. 30 Flogaitis, Spyridon ............ 51 Foer, Albert A. ..................... 6 Fragale Filho, Roberto ........ 21 Frankenberg, Günter ........ 16 Fraser, Julie ....................... 51 Friedman, Danny .............. 40 Froomkin, A. Michael ........ 46 Frulli, Micaela ................... 55 Fujita, Sanae ..................... 50 Fukurai, Hiroshi ................. 17 Furse, Mark ......................... 8 Haentjens, Matthias ........... 8 Haley, John O. ................... 66 Hall, Bronwyn H. ............... 42 Halpern, Sheldon W. ......... 41 Handke, Christian ............. 43 Harel, Alon ........................ 64 Harmon, Lin ...................... 29 Harrington, John ............... 45 Harvey, Colin ..................... 48 Hatchard, John .................. 19 Hathaway, James C. .......... 48 Havinga, Tetty ................... 70 Hecheltjen, Martin ........... 46 Helfer, Laurence R. ............ 37 Henderson, Christian ........ 53 Henry, David ....................... 7 Hildebrandt, Mireille ........ 46 Hill, Claire A. ............... 10, 64 Hill, Jennifer G. ................. 11 Hillman, Henry .................. 18 Hillman, Robert W. ............ 11 Hiscock, Mary ................... 67 Hobel, Konstantin ............. 46 Hodges, Christopher ......... 68 Hoeren, Thomas ............... 46 Hoffmann, Lord ................. 34 Hofmann, Rainer .............. 59 Holmes, Leslie ................... 19 Holzer, Kateryna ................ 58 Hønneland, Geir ............... 30 Hosen, Nadirsyah .............. 65 Howarth, David ................. 67 Hui, Helen ......................... 65 Humprheys, Stephen J ...... 47 Hunter, Tina ...................... 26 Hutter, Bridget M. ............. 70 Hylton, Keith N. ................ 64 Hyman, David A. ............... 62 G I Gabor, Barbara .................. 33 Gaggioli, Gloria ................. 49 Ganea, Peter ..................... 38 Gangjee, Dev .................... 36 Gearty, Conor ................... 25 Geiger, Christophe ...... 36, 43 Gendreau, Ysolde .............. 41 Geradin, Damien ................. 8 Gerber, Paula .................... 51 Gervais, Daniel J. ............... 36 Ghidini, Gustavo ............... 42 Iza, Alejandro .................... 28 F Save up to 20% at www.e-elgar.com I J Janis, Mark D. ................... 37 Jaremba, Urszula .............. 33 Jayakumar, S. .............. 29, 54 Johnson, Phillip ................. 41 Jørgensen, Rikke Frank ..... 51 Juss, Satvinder Singh ......... 48 K Kameoka, Etsuko ................ 7 Kamperman Sanders, Anselm .......................... 59 Kariyawasam, Rohan ......... 65 Kennedy, Amanda ............. 28 Kenney, Douglas S. ............ 30 Kerr, Ian ............................ 46 Kidd, Michael .................... 28 Kiger, Miles H. ................... 29 Kiliç, Burcu ........................ 45 Kinley, David ..................... 50 Klerman, Daniel ................ 63 Koehler, Mike .................... 19 Koh, Tommy ................ 29, 54 Kokkinis, Andreas ............... 9 Kolany-Raiser, Barbara ...... 46 Kolb, Robert .......... 49, 51, 55 Kontorovich, Eugene ......... 65 Kotzé, Louis J. ........ 27, 47, 49 Koutsias, Marios ............... 12 Kreiser, Larry ..................... 22 Kronk Warner, Elizabeth Ann ................ 24 Kuprecht, Karolina ............ 43 Kur, Annette ................ 35, 43 L LaBrosse, John Raymond ............... 10 Lagunes, Paul .................... 19 Lai, Jessica C. ..................... 43 Lalitha, Narayanan ............ 45 Lamm, Vanda .................... 54 Lane, Robert ..................... 31 Lang, Michael ................... 12 Lawrence, Peter ................ 25 Lawson, Charles ................ 34 Lazowski, Adam ................ 31 Le Bouthillier, Yves ............ 28 Leal-Arcas, Rafael ........ 23, 58 Leb, Christina .................... 56 Lee, Edward ...................... 42 Lee, Jyh-An ....................... 42 Lee, Keun .......................... 42 Lee, Nari ..................... 43, 45 Lee, Soocheol ................... 22 Lee, Yong-Shik ................... 58 Lewis, David .................. 8, 21 Lewis, Tom ........................ 51 Lianos, Ioannis .................... 8 Lim, Daryl .......................... 41 Linarelli, John .................... 54 Lin, Chen ........................... 10 Lin, Jolene ......................... 28 Lipton, Jacqueline ............. 46 Litan, Robert E. ................. 10 Loacker, Leander D. ........... 14 Loewenstein, Mark J. ........ 11 López Escarcena, Sebastián ....................... 60 Loughrey, Joan .................. 12 Lowry, John ......................... 9 Luginbuehl, Stefan ............ 38 Lundqvist, Björn .................. 7 Luppino, Anthony J. .......... 10 For our electronic content, visit: www.elgaronline.com Author Index M O S Mackaay, Ejan ................... 61 Maes, Frank ...................... 28 Maesschalck, Jeroen ......... 65 Magnussen, Anne-Mette .. 70 Maguire, Rowena ............. 30 Maier-Rigaud, Frank ........... 7 Malbon, Justin .................. 34 Malena, Micaela ............... 33 Maletić, Isidora ................. 33 Marchant, Gary E. ............. 47 Marique, Yseult ................. 69 Markham, Jerry W. ............. 8 Marsh, Luke ...................... 18 Martin, Paul ...................... 28 Maruta, Takashi ................ 17 Masciandaro, Donato ......... 8 Masferrer, Aniceto ............ 51 Mavroidis, Petros C. .......... 56 May, Christopher .............. 68 Mayes, David G. ................ 61 May, James R. ............. 24, 26 Mayoral, Juan A. ............... 33 McAdams, Richard H. ....... 62 McConville, Mike ........ 18, 66 McDonnell, Brett H. .......... 64 McEldowney, John ............ 24 McEldowney, Sharron ....... 24 McKee, Michael .................. 9 McLeod-Kilmurray, Heather ......................... 28 McMahon, Joseph A. .. 31, 58 Menell, Peter S. ................ 37 Messerlin, Patrick A. ......... 56 Miceli, Thomas J. ........ 63, 65 Miller, Geoffrey P. ............... 9 Milman, David .................. 12 Milne, Janet E. ............ 22, 29 Mitchell, Andrew D. .......... 58 Moberly, Richard .............. 21 Moir, Hazel V.J. .................. 41 Moloney, J.P. ..................... 45 Monateri, Pier Giuseppe .......... 15, 16 Monotti, Ann L. ................. 12 Moore, Marc T. ................... 9 Morano-Foadi, Sonia ........ 33 Morrison, Edward R. ......... 63 Mossoff, Adam .................. 37 Mota Prado, Mariana ....... 60 Mtima, Lateef ................... 40 Muir, Elise ......................... 33 Muir Watt, Horatia ............ 68 Mulder, Cees A.M. ............ 41 Müller, Marcus O. ............. 41 Mumma, Albert ................ 28 Mundlak, Guy ................... 15 Murombo, Tumai .............. 28 Oberson, Xavier ................ 14 Oded, Sharon .................... 12 Ohly, Ansgar ...................... 43 Olivares-Caminal, Rodrigo .......................... 10 Oswald, Lynda J. .......... 40, 43 Ottinger, Richard L. ........... 30 Otto, Dianne ..................... 48 Sadurski, Wojciech ............ 50 Sakmar, Susan L. ............... 27 Samuel, Geoffrey ........ 13, 14 Sandeen, Sharon K. ..... 37, 38 Sand, Peter H. ................... 24 Sapio, Flora ....................... 67 Sarnoff, Joshua D. ............. 36 Saul, Ben ........................... 53 Sauvé, Pierre ..................... 58 Savin, Andrej ..................... 46 Schabas, William A. .... 52, 55 Schäfer, Hans-Bernd ......... 64 Scharf, Michael P. .............. 55 Scheinin, Martin ............... 48 Schiek, Dagmar ................. 32 Schill, Stephan .................. 59 Schofield, Clive ................. 29 Scholtz, Werner ................ 26 Schomerus, Thomas ......... 26 Schuch, Josef .................... 12 Schwalbe, Ulrich ................. 7 Schwarcz, Daniel ............... 64 Sebok, Anthony ................ 15 Semple, Noel .................... 67 Shadlen, Kenneth C. ......... 45 Shah, Niaz A. ..................... 54 Shao, Ken .......................... 39 Shelton, Dinah L. ............... 49 Shi, Jichun ......................... 66 Shimanami, Ryo ................ 41 Shingal, Anirudh ............... 58 Shishido, Zenichi ............... 10 Siegelman, Peter ............... 64 Silver, Charles M. .............. 62 Singh, Dalvinder ................ 10 Skogh, Göran .................... 23 Smith, Russell G. ............... 20 Smith, Susan ..................... 28 Smits, Jan M. ......... 13, 16, 68 Søreide, Tina ............... 19, 20 Spiller, Pablo T. .................. 63 Stadler, Astrid ................... 68 Stallworthy, Mark ............. 27 Stamatoudi, Irini ............... 34 Staringer, Claus ................. 12 Stas, An ............................. 26 Stazi, Andrea ..................... 40 Stephen, Frank H. ............. 67 Stephens, Tim ................... 27 Stewart, Andrew ............... 21 Stewart, Miranda .............. 60 Stokes, Elen ....................... 47 Stone, Peter ...................... 69 Storck, Alfred .................... 12 Stutz, Randy M. .................. 6 Suthersanen, Uma ...... 35, 41 Sweeney, Brendan ............ 15 Sykes, Alan O. ................... 57 N Nadakavukaren Schefer, Krista ............................. 59 Nafziger, James A.R. .... 52, 54 Nelken, David .................... 65 Nesossi, Elisa .................... 67 Network of the Presidents of the Supreme Judicial Courts of the European Union ............................. 71 Neumann, Manfred ............ 8 Nilssen, Even ..................... 70 P Pagnattaro, Marisa Anne .................. 40 Paolini, Adolfo .................. 11 Parisi, Francesco ......... 16, 63 Parmentier, Stephan ......... 65 Parsons, Robin .................... 9 Paterson, Robert Kirkwood ........... 54 Payne, Anthony ................. 70 Pedrazzi, Marco ................ 55 Peeters, Marjan .......... 26, 27 Pennings, Frans ................. 31 Percival, Robert V. ............. 28 Peritz, Rudolph J.R. ........... 42 Perroud, Thomas .............. 20 Phan, Hao Duy .................. 29 Phillips, Nicola .................. 70 Piermattei, William ........... 28 Pieters, Jan ........................ 30 Pils, Eva ............................. 66 Pistone, Pasquale .............. 12 Pittard, Marilyn ................. 12 Plomer, Aurora .................. 50 Pocar, Fausto ............... 54, 55 Podstawa, Karolina ........... 33 Pollitt, Michael G. ............. 71 Posner, Richard A. ............. 63 Powell, Richard C. ............. 25 Prenkert, Jamie Darin ....... 50 Prévost, Denise ................. 57 Prusa, Thomas .................. 56 R Radi, Yannick ..................... 53 Rahman, Tauhidur ............ 29 Ramello, Giovanni B. ......... 15 Ranchordás, Sofia ............. 16 Reinisch, August ............... 59 Reins, Leonie ............... 23, 32 Reisberg, Arad .................... 9 Reuder, Berend ................... 6 Rhodes, Catherine ............ 24 Ricolfi, Marco .................... 42 Ridley, Nick ....................... 50 Rimmer, Matthew ............. 36 Robbins, Kalyani ................ 22 Robinson, Nicholas A. ....... 29 Rogers, James E. ............... 10 Rogowski, Ralf ................... 22 Roodt, Christa ................... 69 Rosati, Eleonora ................ 41 Rose-Ackerman, Susan ..... 19 Rosén, Jan ......................... 39 Ross, Jacqueline ................ 18 Ross, Stephen F. ................ 52 Rothwell, Donald R. .......... 52 Rowe, Elizabeth .......... 37, 38 Rühmkorf, Andreas ........... 12 Ryder, Nicholas ................. 18 To order, telephone: +44 1235 465500 I T Takenaka, Toshiko ....... 43, 66 Talus, Kim .......................... 53 Tams, Christian J. ........ 53, 59 Teitelbaum, Joshua C. ................. 62, 65 Thaman, Stephen ............. 18 Thayyil, Naveen ................ 45 Thomas, Randall S. ........... 11 Save up to 20% at www.e-elgar.com I Tianbao, Qin ............... 24, 28 Tignino, Mara .............. 25, 56 Torremans, Paul .... 34, 36, 37 Townsend-Gault, Ian ......... 29 Towse, Ruth ................ 43, 44 Tran, Sarah ........................ 37 Trebilcock, Anne ............... 53 Trebilcock, Michael J. .... 56, 57, 58, 60 Treppoz, Edouard .............. 35 Trevaskes, Susan ............... 67 Tronchetti, Fabio ............... 52 Trzaskowski, Jan ................ 46 Tsagas, Georgina ................. 9 Tsagourias, Nicholas ......... 52 Tushnet, Mark ................... 17 Tzanakopoulos, Antonios ........................ 53 U Ueta, Kazuhiro .................. 22 Unger, Brigitte ............. 18, 20 Uylenburg, Rosa ................ 27 Wegmueller, Sarah ............ 29 Weigand, Jürgen ................. 8 Wei, Lim Si ........................ 71 Weishaar, Stefan E. ....... 7, 27 Wessels, Bob ....................... 8 Westkamp, Guido ............. 43 Weston-Scheuber, Kylie .... 51 White, Nigel D. ............ 53, 55 Wibisana, Andri ................ 30 Wihlborg, Clas ................... 10 Wijen, Frank ..................... 30 Wilkinson, Robert ............. 30 Williams, Aled ................... 20 Williams, Angela ............... 28 Williams, Mark .................... 8 Wilson, Debra ................... 19 Wilson, Matthew J. ........... 17 Wind, Marlene .................. 33 Wolczuk, Kataryna ............ 33 Wouters, Jan ............... 51, 60 X Xi, Wang ............................ 29 V Y van Asselt, Harro .............. 27 van Caenegem, William ..... 67 Van Calster, Geert .................. 23, 32, 57 van den Broek, Melissa ..... 20 van der Linde, Daan .......... 18 van Roermund, Bert ......... 68 van Seters, Paul ................ 30 van Waarden, Frans .......... 70 Vandekerckhove, Wim ...... 21 Vandenberghe, Wim ......... 23 VanderZwaag, David L. ...... 27 Vanhonnaeker, Lukas.......... 60 Vanoverbeke, Dimitri ........ 65 Varju, Marton ................... 50 Vaughan, Steven ............... 70 Vaughn, Robert G. ...... 21, 71 Vedaschi, Arianna ............. 17 Ventose, Eddy D. ............... 45 Verbruggen, Paul .............. 69 VerLoren van Themaat, Weijer .............................. 6 Verschuuren, Jonathan .................. 26, 29 Vibert, Frank ..................... 70 Voigt, Stefan ..................... 63 von der Dunk, Frans .......... 52 Vonk, Gijsbert ................... 31 Voon, Tania ................. 57, 58 Yang, Hyunah .................... 66 Yankova, Silviya ................. 46 Yeowart, Geoffrey ............... 9 Yu, Peter K. ....................... 45 Z Zaring, David ..................... 15 Zeiler, Kathryn ................... 65 Zerbe, Richard O. .............. 62 Zhang, Xinzhu ................... 67 Zhao, Jingchen .................. 12 Zhiping, Li ......................... 28 Zimmermann, Andreas ..... 53 Zoeteman, Kees ................ 30 Zwart, Tom ........................ 51 Zywicki, Todd J. ................. 64 W Waas, Bernd ..................... 21 Wachter, Michael L. .......... 64 Walker-Arnott, Edward ....... 9 Walker, Clive ..................... 51 Waloszyk, Monica ............. 25 Walton, Kevin ................... 50 Wang, JiangYu ................... 66 Wang, Xiaoye ...................... 7 Warner, Robin ................... 29 Warnock, Mary ................. 68 Watt, Richard .................... 41 Wauters, Jasper M. ........... 56 Weatherill, Stephen .......... 32 Weber, Rolf H. ................... 46 For our electronic content, visit: www.elgaronline.com 73 International Title Index Law A Access to Information and Knowledge .................... 42 Accountability, Parliamentarism and Transparency in the EU ........................ 33 Advanced Introduction to Comparative Constitutional Law ................................ 17 Advanced Introduction to Cultural Economics ........ 44 Advanced Introduction to International Conflict and Security Law .................. 55 Advanced Introduction to International Humanitarian Law ................................ 55 Advanced Introduction to International Human Rights Law ................................ 49 Advanced Introduction to International Tax Law .... 57 Advanced Introduction to International Trade Law ...................... 57 Advanced Introduction to Law and Development ................. 60 B Beyond Territorial Disputes in the South China Sea ...... 29 Biodiversity and Climate Change .......................... 28 Biotechnological Inventions and Patentability of Life ............................ 40 Biotechnology Regulation and GMOs ..................... 45 Boosting Pharmaceutical Innovation in the Post-TRIPS Era ............... 45 Building New Competition Law Regimes ................... 8 Business Innovation and the Law ................... 12 Business Regulation .......... 70 C Carbon-related Border Adjustment and WTO Law ................................ 58 Cartels, Competition and Public Procurement ......... 7 Changing Face of US Patent Law and its Impact on Business Strategy .......... 43 Changing Landscape of Food Governance ...... 70 Changing Role of Law in Japan ............................. 65 China, the European Union and the Developing World ............................ 60 Chinese Anti-Monopoly Law ................................ 67 Chinese Intellectual Property and Technology Laws .... 65 Choosing a Future ............. 25 Classics in Comparative Law ................................ 16 74 Classics in International Investment Law ............. 59 Climate Change and Indigenous Peoples ....... 24 Climate Change and International Trade ........ 58 Climate Change and the Oceans .......................... 29 Climate Law in EU Member States ............................ 27 Coase Theorem ................. 63 Collective Dominance and Collusion .......................... 7 Combating Corruption ...... 19 Combating Money Laundering and Terrorism Finance: Past and Current Challenges ..................... 20 Comic Art, Creativity and the Law .......................... 44 Company Law in China ..... 66 Comparative Competition Law ................................ 15 Comparative Constitutional Law ................................ 17 Comparative Constitutional Law in Asia .................... 17 Comparative Criminal Procedure ...................... 18 Comparative Labor Law .... 15 Comparative Law and Economics ..................... 15 Comparative Law and Regulation ..................... 15 Comparative Law and Society ........................... 15 Comparative Ocean Governance ................... 27 Comparative Perspectives on Criminal Justice in China ......................... 66 Comparative Tort Law ....... 15 Competition and Regulation in Energy Markets ......... 71 Competition Damages Actions in the EU ............. 7 Competition Law and Policy in Japan and the EU ......... 7 Compulsory Jurisdiction in International Law .......... 54 Conservation, Biodiversity and International Law ... 56 Constitutional Sunsets and Experimental Legislation ..................... 16 Constructing European Intellectual Property ..... 43 Contemporary Issues in Refugee Law .................. 48 Contract Law ..................... 13 Contribution of International and Supranational Courts to the Rule of Law ......... 51 Corporate Compliance ...... 12 Corporate Governance, Enforcement and Financial Development ................. 11 Corporate Income Taxation in Europe ....................... 12 Corporate Social Responsibility in Contemporary China ..... 12 To order, telephone: +44 1235 465500 I Corporate Social Responsibility, Private Law and Global Supply Chains............................. 12 Corruption ........................ 19 Corruption and Conflicts of Interest .......................... 20 Corruption, Grabbing and Development ................. 20 Counter-Terrorism, Human Rights and the Rule of Law ............................ 51 Criminal Judges ................. 18 Criminal Law of Competition in the UK and in the US ... 8 Critical Reflections on Ownership ..................... 68 Cultural Heritage Law ....... 52 Customary Law and Economics ..................... 63 Cybercrime in the Greater China Region ................. 20 D Design of Constitutions .... 63 Determann’s Field Guide to Data Privacy Law ....... 47 Dictionary of Environmental and Climate Change Law ................................ 29 Dictionary of International Human Rights Law ......... 48 Directors’ Duties and Shareholder Litigation in the Wake of the Financial Crisis ............... 12 Dynamics of Global Economic Governance ................... 61 E Earth Governance ............. 26 Economic Analysis of Environmental Policy and Law ......................... 23 Economic and Legal Effectiveness of the European Union’s Anti-Money Laundering Policy ............................. 20 Economic and Social Integration ..................... 32 Economic Models of Law ............................ 63 Economic, Social and Cultural Rights as Human Rights ................ 48 Economics of Bankruptcy .................... 63 Economics of Health Law .................... 62 Economics of International Trade Law ...................... 57 Economics of Judicial Behaviour ...................... 63 Economics of Legal History ........................... 63 Edward and Lane on European Union Law ..... 31 Efficiency in Law and Economics ..................... 62 Elgar Companion to the International Court of Justice ....................... 51 Save up to 20% at www.e-elgar.com I Elgar Encyclopedia of Comparative Law, Second Edition .............. 16 Emerging Markets and the World Patent Order ....... 41 Emissions Trading and WTO Law ................................ 58 Emissions Trading Design ........................... 27 Energy for the 21st Century .......................... 27 Enforcement of Transnational Regulation ..................... 69 Enforcing Competition Rules in South Africa ................. 8 Enforcing Transnational Private Regulation ......... 69 Enhancing Firm Sustainability Through Governance...... 12 Enterprise Law .................. 10 Entrepreneurship and Innovation in Evolving Economies ..................... 40 Environmental Constitutionalism .......... 24 Environmental Enforcement Networks ....................... 26 Environmental Governance and Sustainability .......... 28 Environmental Justice and Federalism .............. 29 Environmental Protection, Security and Armed Conflict .......................... 30 Environmental Regulation ..................... 24 Environmental Taxation and Green Fiscal Reform ...... 22 Environmental Technologies, Intellectual Property and Climate Change ............. 43 Epistemic Forces in International Law .......... 54 EU Chemicals Regulation .. 70 EU Consumer Law and Policy ...................... 32 EU Copyright Law ............. 34 EU Environmental Law ...... 32 EU Environmental Legislation ..................... 27 EU Internet Law ................ 46 EU Labour Law .................. 32 EU Private International Law ................................ 69 EU Public Procurement Law ................................ 32 Eurasian Economic Integration ..................... 33 European Competition Law .................................. 6 European Court of Human Rights and its Discontents ................... 51 European Intellectual Property Law ................. 35 European Union Human Rights Law ..................... 50 Evolution of China’s AntiMonopoly Law ................ 7 Executive Compensation in Imperfect Financial Markets ......................... 10 F Fairness in Law and Economics ..................... 62 Financial Crime and Gambling in a Virtual World ............................ 18 Financial Crisis and White Collar Crime ................... 18 Financial Crisis Containment and Government Guarantees .................... 10 Foreign Corrupt Practices Act in a New Era .................. 19 Fragmentation of Global Climate Governance ...... 27 Framing the Net ................ 51 Future of the Patent System ........................... 41 G Gender Issues and Human Rights ............................ 48 Genetic Resources and Traditional Knowledge ... 42 Genetic Resources, Equity and International Law ... 56 Genetics, Crime and Justice ............................ 19 Geographical Indications ..................... 37 Global Environmental Governance ................... 27 Global Environmental Law at a Crossroads .............. 28 Global Forest Governance ................... 30 Global Governance of HIV/AIDS ........................ 45 Global Intellectual Property Law ................................ 35 Globalisation, the Global Financial Crisis and the State ........................ 61 Global Tobacco Epidemic and the Law ................... 58 Governance and Regulation of International Finance ............................ 9 Governance of Distressed Firms ............................. 12 Governance of Genetic Resources ...................... 24 Government Failure .......... 61 Greed, Corruption, and the Modern State .......... 19 H Handbook of Central Banking, Financial Regulation and Supervision ...................... 8 Handbook of Chinese Environmental Law ........ 24 Handbook of Cultural Economics, Second Edition .............. 44 Handbook of Globalisation and Environmental Policy, Second Edition .............. 30 Handbook of Global Research and Practice in Corruption ................. 20 For our electronic content, visit: www.elgaronline.com Title Index Handbook of Research on Environmental Taxation ......................... 29 Handbook of Space Law ... 52 Handbook of the International Political Economy of Governance ................... 70 Handbook on European Competition Law ............. 8 Handbook on International Sports Law ..................... 52 Handbook on the Digital Creative Economy ......... 43 Handbook on the Economics of Copyright .................. 41 Handbook on the Law of Cultural Heritage and International Trade ........ 54 Harmonising Copyright Law and Dealing with Dissonance .................... 41 History and Origin of International Environmental Law ........ 24 Human Rights ................... 50 Human Rights and Corporate Wrongs ......... 12 Human Rights and Non-State Actors ........... 48 Human Rights and Refugee Law ........... 48 Human Rights, Property Rights, and Emerging Biotechnologies ............. 50 I Implementing Environmental Law ................................ 28 Indigenous Intellectual Property.......................... 36 Indirect Expropriation in International Law ...... 60 Information Environmentalism ......... 39 Informed Insurance Choice? .......................... 14 Innovation and Intellectual Property in China .......... 39 Innovation, Competition and Collaboration .......... 40 Innovative Governance Models for Emerging Technologies ................. 47 Institutional Law and Economics ..................... 63 Integration for Third-Country Nationals in the European Union ............................. 33 Intellectual Property and Digital Content .............. 37 Intellectual Property and General Legal Principles ....................... 39 Intellectual Property and Human Rights ................ 37 Intellectual Property and Private International Law ................................ 37 Intellectual Property and Property Rights ............. 37 Intellectual Property at the Crossroads of Trade ....... 39 Intellectual Property, Entrepreneurship and Social Justice .......... 40 Intellectual Property for Economic Development ................. 42 Intellectual Property, Human Rights and Competition .................. 43 Intellectual Property in Common Law and Civil Law ........................ 43 Intellectual Property, Innovation and the Environment .................. 37 Intellectual Property, Pharmaceuticals and Public Health ................. 45 Intellectual Property Rights as Foreign Direct Investments.................... 60 Intellectual Property, Unfair Competition and Publicity .................. 43 International Copyright Law ................................ 35 International Courts and Tribunals ................. 52 International Criminal Justice ............................ 55 International Criminal Procedure ...................... 54 International Energy Governance ................... 23 International Exchange of Information in Tax Matters .................... 14 International Handbook of Competition – Second Edition .............. 8 International Handbook on the Economics of Corruption, Volume Two .................. 19 International Handbook on Whistleblowing Research ........................ 21 International Humanitarian Law ................................ 52 International Intellectual Property ........................ 36 International Investment Law ................................ 59 International Investment Law and Development .......... 59 International Investment Law and the Environment .... 60 Internationalisation of Legal Education ............. 67 International Labour Law ................................ 21 International Law and Freshwater .................... 56 International Merger Policy ............................... 7 International Trade in Indigenous Cultural Heritage ......................... 43 International Water Law ................................ 25 Interrogating Growth ........ 50 Islamic Law and the Law of Armed Conflict .......... 54 To order, telephone: +44 1235 465500 I J M Japan and Civil Jury Trials .............................. 17 Joint Research and Development under US Antitrust and EU Competition Law ........ 7 Journal of Human Rights and the Environment .... 47 Judicial Activism at the European Court of Justice ....................... 33 Juridification and Social Citizenship in the Welfare State ................. 70 Jurisdiction and Private International Law .......... 68 Justice for Future Generations ................... 25 Making Fishery Agreements Work .............................. 30 Managing Food Safety and Hygiene .................. 70 Managing the Legal Nexus Between Intellectual Property and Employees .............. 40 Market Based Instruments ................... 22 Market Building through Antitrust .......................... 6 Mavroidis, Messerlin, Prusa & Wauters on Contingent Protection at the WTO .................... 56 Methods and Perspectives in Intellectual Property ..... 39 Methods of Comparative Law ................................ 15 Migration and Freedom .... 49 Mind and Method of the Legal Academic ............. 68 Modern Perspectives on Islamic Law ............... 65 Modern Piracy .................. 56 Moral Dimensions of Intellectual Property Rights ............................ 42 Multinational Human Resource Management and the Law ................... 21 K Knowledge Management and Intellectual Property ..... 40 L Law and Economics for Civil Law Systems .................. 61 Law and Economics of Discrimination ............... 62 Law and Economics of Immigration ................... 62 Law and Economics of Mergers and Acquisitions ................... 10 Law and Economics of Uncertainty ................... 62 Law and Entrepreneurship .......... 10 Law and Policy of Environmental Federalism ..................... 22 Law and Policy of Harmonisation in Europe’s Internal Market ............. 33 Law and Policy of the European Gas Market ... 25 Law and Regulation of Franchising in the EU ..... 38 Law and Society in Korea .. 66 Law and the Limits of Government .............. 17 Law as Engineering ........... 67 Law, Business and Human Rights ................ 50 Law of Obligations ............ 13 Law of Securities, Commodities and Bank Accounts ........................ 10 Law of the Sea .................. 52 Law on Corporate Governance in Banks ....... 9 Lawyers, Markets and Regulation .............. 67 Legal Aspects of Digital Preservation .................. 46 Legal Innovations in Asia .. 66 Legal Reasoning in Environmental Law ........ 30 Legal Services Regulation at the Crossroads .......... 67 Legal Thought and Philosophy ..................... 68 Save up to 20% at www.e-elgar.com I N National Courts and EU Law ........................... 33 Nature of Corporate Governance ................... 12 New Regulatory Space ...... 70 Nonprofit Organizations and the Intellectual Commons ...................... 42 O Order from Transfer .......... 16 Originality in EU Copyright ................. 41 P Patenting Medical and Genetic Diagnostic Methods ........................ 45 Patent Law in Greater China ................ 38 Patent Misuse and Antitrust Law .......... 41 Patent Policy and Innovation .............. 41 Pharmaceutical Innovation, Competition and Patent Law ..................... 45 Pharmaceuticals, Corporate Crime and Public Health .......... 45 Polar Geopolitics? ............. 25 Polar Oceans Governance in an Era of Environmental Change .......................... 27 Police Corruption: Essential Readings ......... 19 Political Economy of Competition Law in Asia .............................. 8 Political Technology and the Erosion of the Rule of Law .................... 16 Politics of Law and Stability in China ......................... 67 Poverty Alleviation and Environmental Law ........ 28 Preferential Liberalization of Trade in Services ....... 58 Primer on International Copyright and Related Rights ............................ 39 Principle of National Treatment in International Economic Law ............... 59 Principles of International Humanitarian Law ......... 51 Principles of Law and Economics ..................... 61 Privacy and Legal Issues in Cloud Computing ....... 46 Private Enforcement of Antitrust ...................... 6 Private Enforcement of Antitrust Law in the United States ................... 6 Private International Law and Public law ............... 68 Private International Law, Art and Cultural Heritage ......................... 69 Private Property and Takings Compensation .. 61 Proceedings Before the European Patent Office ............................. 41 Protection of Geographical Indications ..................... 38 Public–Private Partnerships and the Law ................... 69 Q Queen Mary Journal of Intellectual Property ..... 34 R Reflexive Labour Law in the World Society .......... 22 Regional Environmental Law ................................ 26 Regulating Credit Rating Agencies ........................ 10 Regulating Disasters, Climate Change and Environmental Harm ..... 30 Regulating Judicial Activity in Europe ....................... 71 Regulation of the Upstream Petroleum Sector .......... 26 Regulatory Competition in the Internal Market ....... 33 Regulatory Worlds ............ 71 Religion, Rights and Secular Society ....... 51 Renewable Energy law and Development .......... 30 Renewable Energy Law in the EU ........................ 26 Renmin Chinese Law Review, Volumes 1, 2 and 3 ........ 66 For our electronic content, visit: www.elgaronline.com 75 Title Index Law International Research Handbook on Austrian Law and Economics ..................... 64 Research Handbook on Behavioral Law and Economics ..................... 65 Research Handbook on Climate Change Adaptation Law ............. 29 Research Handbook on Climate Change Mitigation Law ................................ 23 Research Handbook on Crisis Management in the Banking Sector ................ 8 Research Handbook on Cross-border Enforcement of Intellectual Property ..... 36 Research Handbook on Directors’ Duties ............ 11 Research Handbook on Economic Models of Law ............................ 65 Research Handbook on Environment, Health and the WTO ................. 57 Research Handbook on EU Agriculture Law ........ 31 Research Handbook on EU Institutional Law ...... 31 Research Handbook on EU Internet Law ............. 46 Research Handbook on EU Private International Law ................................ 69 Research Handbook on European Social Security Law ................................ 31 Research Handbook on Executive Pay ................. 11 Research Handbook on Global Justice and International Economic Law ................................ 54 Research Handbook on Governance of the Internet ......................... 46 Research Handbook on Hedge Funds, Private Equity and Alternative Investments ..................... 9 Research Handbook on Human Rights and Humanitarian Law ......... 49 Research Handbook on Human Rights and Intellectual Property ..... 36 Research Handbook on Human Rights and the Environment .................. 49 Research Handbook on Insider Trading ............... 11 Research Handbook on Intellectual Property and Climate Change ...... 36 Research Handbook on Intellectual Property and Geographical Indications ..................... 36 Research Handbook on Intellectual Property Licensing ........................ 36 76 Research Handbook on International Banking and Governance ................... 10 Research Handbook on International Competition Law ............. 8 Research Handbook on International Conflict and Security Law ........... 53 Research Handbook on International Energy Law ................................ 53 Research Handbook on International Law and Cyberspace .................... 52 Research Handbook on International Law and Migration ................ 53 Research Handbook on International Law and Terrorism ................ 53 Research Handbook on Money Laundering ........ 18 Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations ................ 11 Research Handbook on Secured Financing in Commercial Transactions .................... 9 Research Handbook on Securities Regulation in the United States ......... 8 Research Handbook on Shareholder Power ........ 11 Research Handbook on Sovereign Wealth Funds and International Investment Law ............. 59 Research Handbook on the Economics of Corporate Law ............... 64 Research Handbook on the Economics of Criminal Law ................................ 64 Research Handbook on the Economics of European Union Law ..................... 64 Research Handbook on the Economics of Insurance Law ............... 64 Research Handbook on the Economics of Labor and Employment Law ........... 64 Research Handbook on the Economics of Public International Law .......... 65 Research Handbook on the Economics of Torts ........ 64 Research Handbook on the Law of Treaties .............. 53 Research Handbook on the Theory and Practice of International Lawmaking .................... 53 Research Handbook on the WTO Agriculture Agreement .................... 58 Research Handbook on the WTO and Technical Barriers to Trade ......................... 56 To order, telephone: +44 1235 465500 I Research Handbook on Transnational Labour Law ................................ 53 Research Handbook on Transparency ................. 71 Resolving Mass Disputes .. 68 Rethinking Contract Law and Contract Design ...... 13 Rethinking Cyberlaw ......... 46 Robot Law ......................... 46 Rule of Law ....................... 68 S Safeguard Measures in World Trade ............... 58 Search for Environmental Justice............................. 28 Secrecy, National Security and the Vindication of Constitutional Law ........ 17 Shale Gas and the Future of Energy ....................... 26 Shifting Empire ................. 41 Short Introduction to the Common Law ................ 14 Smart Technologies and the End(s) of Law .......... 46 South China Sea Disputes and Law of the Sea ........ 54 Standardization under EU Competition Rules and US Antitrust Laws ............ 7 State-Initiated Restraints of Competition ................ 6 Successes and Failures of Whistleblower Laws ...... 21 Sustainability of the European Social Model .................. 22 Sustainable Development in International Law Making and Trade........................ 58 TRIPS and Developing Countries ....................... 42 U Understanding Human Rights ................ 51 Understanding the Nature of Law............................. 68 Understanding Trade Law ...................... 58 W War Crimes and the Conduct of Hostilities .................. 55 Water and the Law ........... 28 Water–Energy Nexus in the American West ........ 30 Whistleblowing Law ......... 21 World Bank, Asian Development Bank and Human Rights ......... 50 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights ............................ 34 Y Yeowart and Parsons on the Law of Financial Collateral ......................... 9 T Tax, Law and Development ................. 60 Terrorism and Human Rights ................ 48 Terrorism in East and West Africa ............. 50 Thought, Law, Rights and Action in the Age of Environmental Crisis ...... 50 Trade Liberalisation and International Co-operation ................. 57 Trademark and Unfair Competition Law ........... 37 Trademark Protection and Territoriality Challenges in a Global Economy .......... 42 Trademarks and Social Media .................. 40 Trade Secrecy and International Transactions .................. 38 Trade Secrets and Undisclosed Information ................... 37 Transboundary Pollution ........................ 29 Transnational Law of Sports ........................ 52 Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com More Information Orders CONTACTS Edward Elgar Publishing Ltd The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Tel: +44 1242 226934 Fax: +44 1242 262111 information: [email protected] sales: [email protected] Edward Elgar Publishing Inc. 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