Law Bloomsbury Professional New Books Catalogue October-December 2022

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Law - Hart New Books Catalogue

October-December 2022


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Contents ADR & Arbitration ���������������������������������������������������������� 3

EBooks ePub and ePDF availability is listed under each book entry.

Review Copies

Company, Corporate & Commercial Law ���������������������� 4

Email (Americas) / (UK / Rest of World).

Comparative Law ���������������������������������������������������������� 6

Standing Orders

Competition Law ������������������������������������������������������������ 6

Many of our series are available on a standing order basis. For further information contact our trade ordering departments listed on page 22.

Constitutional & Administrative Law ������������������������������ 7 Contract, Tort & Restitution Law ������������������������������������ 9 Criminal Law ���������������������������������������������������������������� 10 Environmental Law ������������������������������������������������������ 10 European Law �������������������������������������������������������������� 10 Evidence ���������������������������������������������������������������������� 13 Family Law �������������������������������������������������������������������� 13 Human Rights �������������������������������������������������������������� 14

Translation Rights Available unless otherwise indicated.

Key to Symbols Available on inspection / as exam copies: order online at To request any other PB or eBook, email (Americas) / (UK / Rest of World).

Immigration & Asylum Law ������������������������������������������ 15 Intellectual Property Law ���������������������������������������������� 15 International & Comparative Criminal Law ������������������ 16 International Investment Law �������������������������������������� 17 IT & Technology ����������������������������������������������������������� 17 Labour & Discrimination ���������������������������������������������� 17 Legal Profession ���������������������������������������������������������� 17 Legal Philosophy ���������������������������������������������������������� 18 Litigation & Civil Procedure ���������������������������������������� 19 Maritime, Shipping & Aviation ������������������������������������ 19 Media Law �������������������������������������������������������������������� 19 Medical Law ������������������������������������������������������������������ 19 Private International Law ���������������������������������������������� 20 Public International Law ���������������������������������������������� 20 Socio-Legal Studies ������������������������������������������������������ 21 Representatives, Agents and Distributors ������������������ 22

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loomsbury Collections offers excellence and originality in scholarship in the arts, humanities, and social sciences. Discover our everexpanding eBook library that offers more than 10,000 titles across 22 subject areas. Bloomsbury Collections contributes innovative and forward-thinking scholarship to the global academic community. Comprised of titles from Bloomsbury as well as such prestigious imprints as The Arden Shakespeare, Methuen Drama, T & T Clark, Hart, Zed Books, and I.B. Tauris, Bloomsbury Collections provides rich and resourceful titles that offer the latest critical thought, incisive insight, and accessible overviews to a comprehensive collection of dynamic disciplines.

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Jörg Risse, Baker & McKenzie, Germany, Markus Altenkirch, Baker & McKenzie, Germany, Ragnar Herbst, Baker & McKenzie, Germany, Annette Keilmann, Baker & McKenzie, Germany & Lisa Reiser, Baker & McKenzie, Germany This book provides step-by-step, practical advice on ways to maximise the Vis Moot experience. It explains registration and offers tips on finding and organising your team, analysing the case, writing your memoranda, presenting your case in the oral pleading, organising your trip to Vienna or Hong Kong, and last but not least, how to enjoy yourself in the process. UK December 2021 • US May 2022 • 240 pages PB 9781509957194 • £35.00 / $48.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

International and Domestic Arbitration in Switzerland

Edited by Bernhard Berger, University of Berne, Switzerland & Franz Kellerhals, University of Berne, Switzerland This fully revised Fourth Edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland, including on the recent revision of Chapter 12 PILA in 2020. It provides a comprehensive analysis of all relevant aspects of arbitration, including the concept of arbitration, the sources of arbitration, arbitrability, and all aspects concerning the validity and scope of the arbitration agreement and its autonomy. Other topics include competencecompetence, the jurisdiction of the arbitral tribunal, the arbitral procedure, the effects and limits of arbitral awards, setting aside as well as the recognition and enforcement of awards in Switzerland. UK December 2021 • US January 2022 • 560 pages HB 9781509958993 • £350.00 / $475.00 Beck/Hart/Nomos World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

L A W - H A R T – ADR & Arbitration

The Complete (but Unofficial) Guide to the Willem C Vis Commercial Arbitration Moot

EU Law and International Arbitration

Managing Distrust Through Dialogue Konstanze von Papp, Hamburg University of Applied Sciences, Germany This book addresses the tension between EU law and international arbitration, exploring both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between regimes and addresses the normative conflict between legitimate public interests and the ‘privatisation of justice’. The book sets out the theoretical framework that understands EU law, international commercial arbitration and investment treaty arbitration as closed regimes. It then addresses the issue of contracting out of the EU legal regime, both on a jurisdictional and substantive level. This is linked to the question of trust-building in legal outcomes of the relevant regimes.

Civil Justice Systems Christopher Hodges, University of Oxford

No-Fault Approaches in the NHS Raising Concerns and Raising Standards Sonia Macleod, University of Oxford, UK & Christopher Hodges, University of Oxford, UK This book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements. It describes a wide range of mechanisms for raising concerns about the NHS including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The authors outline practical solutions for reforming how the NHS responds to problems. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. UK December 2022 • US December 2022 • 240 pages HB 9781509916658 • £85.00 / $115.00 ePub 9781509916672 • £76.50 / $105.78 ePdf 9781509916665 • £76.50 / $105.78 Series: Civil Justice Systems • Hart Publishing

UK November 2022 • US November 2022 • 208 pages PB 9781509947140 • £42.99 / $58.95 Previously published in HB 9781509931170 ePub 9781509931194 • £76.50 / $105.78 ePdf 9781509931187 • £76.50 / $105.78 Hart Publishing

Outcome-Based Cooperation

In Communities, Business, Regulation, and Dispute Resolution Christopher Hodges, University of Oxford, UK How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The book examines recent systems and developments in local groupings, business organisations, regulation, and dispute resolution, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement. UK September 2022 • US September 2022 • 576 pages HB 9781509962488 • £90.00 / $120.00 ePub 9781509962495 • £81.00 / $112.65 ePdf 9781509962501 • £81.00 / $112.65 Series: Civil Justice Systems • Beck/Hart/Nomos • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – ADR & Arbitration / Company, Corporate & Commercial Law

International Arbitration 10x10

100 Facts an In-house Counsel Needs to Know Edited by Heiko Haller, Ragnar Harbst, Hein-Jürgen Schramke & Jörg Risse, Baker & McKenzie, Germany This book explains 100 facts about arbitration proceedings that every in-house lawyer must know, and every outside counsel needs to communicate in a nutshell to their clients. It is broken down into ten chapters outlining ten concepts each. This clear and concise format makes these facts easily accessible for in-house counsel members and attorneys who need a straight-forward, no frills explanation of core concepts in international arbitration. UK May 2022 • US June 2022 • 240 pages HB 9781509957231 • £70.00 / $95.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Transnational Commercial Disputes in an Age of AntiGlobalism and Pandemic

Edited by Sundaresh Menon, Supreme Court of Singapore & Anselmo Reyes, Doshisha University, Japan In this book, senior judges and academics reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR). The chapters consider: (1) What types of cross-border commercial disputes will arise and what resources are needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR be leveraged to enhance access to justice? UK December 2022 • US December 2022 • 416 pages HB 9781509954971 • £95.00 / $130.00 ePub 9781509954988 • £85.50 / $118.15 ePdf 9781509954995 • £85.50 / $118.15 Hart Publishing

The Cape Town Convention

International Venture Capital Terms A Handbook

Wolfgang Weitnauer, Weitnauer Law Firm, Germany This rigorous commentary takes as its focus the English partnership agreement. It sets out in meticulous detail how the agreement is amended by supplementary statutory provisions or rules of procedure. It then goes on to comment on its essential terms, offering various jurisdictions’ perspective of those terms. Both market standards and alternative approaches (which are common practice) are addressed. Finally, national formulation proposals for the modules of a contract are laid out on the basis of a term sheet. Its rigorous, authoritative examination makes it required reading for all practising in the field of partnership law. UK May 2022 • US June 2022 • 1008 pages HB 9781509931361 • £275.00 / $375.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

From Corporate Social Responsibility to Corporate Social Liability A Socio-Legal Study of Corporate Liability in Global Value Chains

Anna Aseeva, Lazarski University, Poland This book brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains. It posits that corporate social liability is a set of legal duties and responsibilities of a corporation for harm-causing incidents, including the negative environmental, social and economic consequences of a company’s activities across its entire value chain. This is the first systematic attempt to critically assess the premises, dynamics, current state of play and likely future development of the concept and application of corporate social liability. UK December 2022 • US December 2022 • 304 pages PB 9781509949144 • £42.99 / $58.95 Previously published in HB 9781509930579 ePub 9781509930593 • £76.50 / $105.78 ePdf 9781509930586 • £76.50 / $105.78 Hart Publishing

A Documentary History

Anton Didenko, University of New South Wales, Australia This book offers the first detailed research into the history of the Cape Town Convention and its protocols. It explores the challenges faced by the treaty’s developers, analyses archived materials and derives important lessons for the development of transnational commercial law globally. The text covers all 4 protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law. UK November 2022 • US November 2022 • 288 pages PB 9781509947232 • £42.99 / $58.95 Previously published in HB 9781509939770 ePub 9781509939787 • £76.50 / $105.78 ePdf 9781509939794 • £76.50 / $105.78 Series: Hart Studies in Commercial and Financial Law • Hart Publishing

4 • UK, Europe, ROW • +44 (0)1256 302692 •


• Ideal for use in law exams • Compiled by experienced academics • Only £12.99 each • Carefully selected to give quick access to the key statutes















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L A W - H A R T – Comparative Law / Competition Law

The Foundations of Russian Law Edited by Marianna Muravyeva, University of Helsinki, Finland

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject. UK November 2022 • US November 2022 • 464 pages HB 9781782256489 • £80.00 / $110.00 ePub 9781782256496 • £72.00 / $100.29 ePdf 9781782256502 • £72.00 / $100.29 Hart Publishing

Paradigms in Modern European Comparative Law A History

Balázs Fekete, Eötvös Loránd University, Hungary This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law. With the ‘empathic’ use of some ideas from Kuhn’s theories on the history of science the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that major paradigms determine modern comparative law and concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality. UK November 2022 • US November 2022 • 240 pages PB 9781509946969 • £34.99 / $47.95 Previously published in HB 9781509946921 ePub 9781509946938 • £63.00 / $87.92 ePdf 9781509946945 • £63.00 / $87.92 Series: European Academy of Legal Theory Series • Hart Publishing

Antitrust and the Bounds of Power – 25 Years On Edited by Oles Andriychuk, University of Strathclyde, UK

In this collection of essays, leading competition law thinkers explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market – published by Hart in 1997. With an afterword by Giuliano Amato, this book is essential reading for anyone interested in the evolution of competition law. UK December 2022 • US December 2022 • 336 pages HB 9781509962136 • £90.00 / $120.00 ePub 9781509962143 • £81.00 / $112.65 ePdf 9781509962150 • £81.00 / $112.65 Hart Publishing

Antitrust and the Multivalued Function of Competition Luiz Felipe Rosa Ramos

Although our primary focus is Brazilian antitrust, we accept it as being deeply tangled with the international debate. This book argues that antitrust doctrine has not consolidated a concept of competition that is both (i) legally coherent (with antitrust statutes and decisional criteria) and (ii) socially adequate (to competition empirical manifestation and its modern imaginary). It asks three questions to illustrate this: what has been done? what is missing? what could be implemented? Taking Brazil as a case study, it also explores the question from a global perspective. UK December 2021 • US May 2022 • 240 pages HB 9781509956050 • £85.00 / $115.00 Nomos/Hart World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Competition Law and Economic Inequality

Edited by Jan Broulík, University of Amsterdam, the Netherlands & Katalin Cseres, University of Amsterdam, the Netherlands This book explores whether economic inequality, a major societal challenge of our time, can be addressed by the means of competition law. The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. They look at the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries. UK December 2022 • US December 2022 • 432 pages HB 9781509959235 • £95.00 / $130.00 ePub 9781509959242 • £85.50 / $118.15 ePdf 9781509959259 • £85.50 / $118.15 Series: Hart Studies in Competition Law • Hart Publishing

6 • UK, Europe, ROW • +44 (0)1256 302692 •

Autobiography of the Rt Hon Lord Woolf, CH Rt Hon Lord Woolf, CH, House of Lords, UK This memoir gives an intimate and considered account of a remarkable life in law. Starting with his life as a barrister and the Treasury Devil, Lord Woolf then charts his judicial role. It’s many highlights: T AG v Jonathan Cape, Gouriet v Union of Post Office Workers, Hazel v Hammersmith, M v Home Office, the Woolf Reforms, the sentencing Thompson and Venables and the Diane Blood case, are all discussed. Exploring welcome changes, and mourning what has been lost, he brings a personal and honest perspective on the most important developments in the common law over the last half century. UK October 2022 • US October 2022 • 288 pages PB 9781509958429 • £21.99 / $29.95 • HB 9781509958467 • £65.00 / $90.00 ePub 9781509958436 • £19.79 / $27.47 ePdf 9781509958443 • £19.79 / $27.47 Hart Publishing

Executive Power

The Prerogative, Past, Present and Future Robert Hazell, University College London, UK & Timothy Foot, University College London, UK This book provides a clear and full analysis of the function of the royal prerogative in the changing landscape of the British constitution. The concept of the prerogative is still a source of mystery to most observers. This book demystifies it, clarifying the respective roles of government, Parliament and the courts, looking at the powers that should be codified in statute and considering whether Parliament should have a stronger role. UK November 2022 • US November 2022 • 416 pages HB 9781509951444 • £85.00 / $115.00 ePub 9781509951451 • £76.50 / $105.78 ePdf 9781509951468 • £76.50 / $105.78 Hart Publishing

Comparative Perspectives on Constitutionally Conforming Interpretation, Volume 1 National Reports

Edited by Matthias Klatt, University of Graz, Austria This book is part of a 2-volume set which investigates the canon of constitutionally conforming interpretation. Both volumes analyse the canon’s use in the national, supranational and international context and reflect on the issues raised. This volume presents national reports from 22 jurisdictions, to shed light on the canon’s structural background, the conditions of its application, and its critical reception. Together with volume 2, which explores the canon’s impact beyond the national context, this book sets the stage for cross-national discourse. UK May 2023 • US May 2023 • 672 pages HB 9781509953844 • £150.00 / $200.00 ePub 9781509953851 • £135.00 / $186.85 ePdf 9781509953868 • £135.00 / $186.85 Series: Hart Studies in Constitutional Theory • Hart Publishing

British and Canadian Public Law in Comparative Perspective Edited by Ian Loveland, City, University of London, UK

This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. It discusses such issues as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children’s upbringing, and the law regulating libel actions brought by politicians. The contributions to this volume provide detailed analyses of these broad and narrow matters in a comparative perspective, and suggest that the United Kingdom’s public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.

L A W - H A R T – Constitutional & Administrative Law

An Uncommon Law Lawyer

UK November 2022 • US November 2022 • 368 pages PB 9781509947348 • £37.99 / $51.95 Previously published in HB 9781509931095 ePub 9781509931101 • £67.50 / $93.42 ePdf 9781509931118 • £67.50 / $93.42 Hart Publishing

Constitutional Systems of the World Series Asian Comparative Constitutional Law, Volume 1 Constitution-Making

Edited by Ngoc Son Bui, University of Oxford, UK & Mara Malagodi, Chinese University of Hong Kong This is the first in a 4 volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. This volume explores the process and contents in the making of a new constitution, including the causes, processes, substance, and implantation. The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. UK December 2022 • US December 2022 • 592 pages HB 9781509949694 • £140.00 / $190.00 ePub 9781509949700 • £126.00 / $174.48 ePdf 9781509949717 • £126.00 / $174.48 Hart Publishing

Peter Leyland, SOAS, University of London, UK; Andrew Harding, National University of Singapore; Benjamin L Berger, York University, Canada; Rosalind Dixon, University of New South Wales, Australia; Heinz Klug, University of Wisconsin Law School, USA

The Constitutional System of the Hong Kong SAR A Contextual Analysis

Albert Hung-yee Chen, The University of Hong Kong & Po Jen Yap, The University of Hong Kong This book explores the legal, judicial and constitutional framework of Hong Kong. As with other volumes in the classic Constitutional Systems of the World series, it offers a rigorous overview, looking at general constitutional themes such as law-making and adjudication, before exploring themes specific to the Hong Kong legal order. UK April 2023 • US April 2023 • 320 pages PB 9781509956333 • £41.99 / $57.95 • HB 9781509956296 • £85.00 / $115.00 ePub 9781509956302 • £76.50 / $105.78 ePdf 9781509956319 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Constitutional & Administrative Law

Constitutional Systems of the World Series The Constitution of South Korea A Contextual Analysis

Chaihark Hahm, Yonsei University, South Korea This book fleshes out the South Korean constitution in its political and historical context and makes it accessible to non-native readers. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. This means that the constitutional system of South Korea is very much a work-in-progress, whose shape and contours are still being hammered out. UK December 2022 • US December 2022 • 224 pages HB 9781509919185 • £60.00 / $80.00 ePub 9781509919192 • £54.00 / $75.56 ePdf 9781509919208 • £54.00 / $75.56 Series: Constitutional Systems of the World • Hart Publishing

A Contextual Analysis

Mara Malagodi, Chinese University of Hong Kong This book presents an evolutionary view of Nepal’s constitutional system grounded in the country’s historico-political context. It focuses on three aspects: Nepal’s processes of state formation and nation building centred on the institution of the Shah monarchy, Hinduism, and the Nepali language, the difficulties in democratising Nepal’s constitutional arrangements and entrenching the doctrine of popular sovereignty, and the frequent changes in Nepal’s fundamental law which also reflect the profound influences of various foreign institutional models (in particular that of a ‘modified’ Westminster model) and their specific re-negotiation in the Nepali context, notwithstanding the fact that Nepal was never colonised. UK November 2022 • US November 2022 • 224 pages PB 9781509961979 • £29.99 / $40.95 • HB 9781509947256 • £85.00 / $115.00 ePub 9781509947263 • £76.50 / $105.78 ePdf 9781509947270 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of Bangladesh A Contextual Analysis

Cynthia Farid, University of Wisconsin Law School, US & Shahdeen Malik, BRAC University, Bangladesh Following the successful formula of the series, this book offers an introductory but authoritative overview to the constitution of Bangladesh. It looks at the shape and working of the constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students of this fascinating state and its governing framework. UK November 2022 • US November 2022 • 320 pages PB 9781509953974 • £36.99 / $49.95 • HB 9781509953936 • £75.00 / $100.00 ePub 9781509953943 • £67.50 / $93.42 ePdf 9781509953950 • £67.50 / $93.42 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of Italy A Contextual Analysis

Marta Cartabia, Bocconi University of Milan, Italy & Nicola Lupo, LUISS Guido Carli University, Italy This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the 3 main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers. UK October 2022 • US October 2022 • 336 pages PB 9781509957866 • £29.99 / $40.95 Previously published in HB 9781509905720 ePub 9781509905737 • £76.50 / $105.78 ePdf 9781509905744 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing


The Constitutional System of Nepal

The Constitution of the Russian Federation A Contextual Analysis

Jane Henderson, Dickson Poon School of Law, UK Since the first edition of this book, there was a regime change as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a ‘return to traditional values’. The book explores the Constitution’s evolution over its nearly 30 years’ existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia’s historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement. UK August 2022 • US August 2022 • 320 pages PB 9781509961917 • £41.99 / $57.95 • HB 9781509935574 • £85.00 / $115.00 ePub 9781509935581 • £76.50 / $105.78 ePdf 9781509935598 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of New Zealand A Contextual Analysis

Matthew SR Palmer, High Court of New Zealand & Dean R Knight, Victoria University, New Zealand This book examines New Zealand’s constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. The authors skilfully introduce the reader to this fascinating constitutional system with both clear explanation and critical analysis. UK November 2022 • US November 2022 • 336 pages PB 9781509956456 • £41.99 / $57.95 Previously published in HB 9781849469036 ePub 9781849469043 • £76.50 / $105.78 ePdf 9781849469050 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Kevin YL Tan, National University of Singapore; Li-ann Thio, National University of Singapore

Gender, Sexuality and Constitutionalism in Asia

Edited by Wen-Chen Chang, National Yang Ming Chiao Tung University, Taiwan, Kelley Loper, University of Hong Kong, Mara Malagodi, Chinese University of Hong Kong & Ruth Rubio-Marín, University of Sevilla, Spain This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. Leading comparative constitutional law scholars identify ‘opportunity structures’ to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. UK December 2022 • US December 2022 • 240 pages HB 9781509941919 • £65.00 / $90.00 ePub 9781509941926 • £58.50 / $81.05 ePdf 9781509941933 • £58.50 / $81.05 Series: Constitutionalism in Asia • Hart Publishing

The Rule of Law in Russia

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action Alexei Trochev, Nazarbayev University, Kazakhstan & Olga Schwartz, World Bank, Russia This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. The authors argue that legal dualism explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. UK December 2022 • US December 2022 • 240 pages HB 9781509948086 • £70.00 / $95.00 ePub 9781509948093 • £63.00 / $87.92 ePdf 9781509948109 • £63.00 / $87.92 Series: The Rule of Law in Context • Hart Publishing

Great Debates in Tort Law

Jonathan Morgan, Corpus Christi College, Cambridge An introduction to the more advanced thinking on tort law, designed to help students ‘get under the skin’ of the topic and build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. It features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. Ideal for both undergraduate and postgraduate modules in tort law. UK November 2022 • US November 2022 • 288 pages PB 9781509961351 • £29.99 / $40.95 • HB 9781509961368 • £89.99 ePdf 9781509961375 • £26.99 / $37.08 Series: Great Debates in Law • Hart Publishing

Democracy and Rule of Law in China's Shadow

Edited by Brian Christopher Jones, University of Sheffield, UK This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China’s vast shadow. It provides insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. UK December 2022 • US December 2022 • 320 pages PB 9781509949175 • £34.99 / $47.95 Previously published in HB 9781509933969 ePub 9781509933976 • £63.00 / $87.92 ePdf 9781509933983 • £63.00 / $87.92 Series: Constitutionalism in Asia • Hart Publishing

Puerto Rico’s Constitutional Paradox

Colonial Subordination, Democratic Tension, and Progressive Content Jorge M Farinacci-Fernós, Inter American University of Puerto Rico This book examines the 1952 Puerto Rico Constitution and looks at the history, framing process, substantive content, political structure, amendment mechanisms, and recent developments through 3 contradictory lenses: colonial subordination, democratic tensions, and progressive content. It explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic. UK October 2022 • US October 2022 • 272 pages HB 9781509953462 • £85.00 / $115.00 ePub 9781509953479 • £76.50 / $105.78 ePdf 9781509953486 • £76.50 / $105.78 Series: Constitutionalism in Latin America and the Caribbean • Hart Publishing

Risk and Obligation in a Time of Pandemics

L A W - H A R T – Constitutional & Administrative Law / Contract, Tort & Restitution Law

Constitutionalism in Asia

Black Swan Contracts

Dilan Thampapillai, University of New South Wales, Australia Is contract law fit for purpose in the face of the challenges raised by the COVID-19 pandemic? This book argues that in order to retain its legitimacy, contract law must realign around 5 key objectives: (i) meeting the reasonable expectations of honest actors; (ii) protecting against windfall gains; (iii) keeping obligations within stated or defined boundaries; (iv) navigating the boundary between legitimate self-interest and exploitation and (v) protecting against the harm that comes from solemn and repeated promises not being honoured. UK November 2022 • US November 2022 • 160 pages PB 9781509942572 • £34.99 / $47.95 • HB 9781509942534 • £70.00 / $95.00 ePub 9781509942541 • £31.49 / $43.95 ePdf 9781509942558 • £31.49 / $43.95 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Contract, Tort & Restitution Law / Criminal Law / Environmental Law / European Law

Scholars of Contract Law

Edited by James Goudkamp, University of Oxford, UK & Donal Nolan, Worcester College, Oxford This seminal text explores those lawyers who shaped the discipline of contract law. Leading contract lawyers of this generation assess the impact and influence of the foundational thinkers in the field including Treitel, Pollock, Cheshire, Fifoot and Coote. It will appeal to all contract law scholars and students across the common law world. UK December 2022 • US December 2022 • 352 pages HB 9781509938469 • £85.00 / $115.00 ePub 9781509938476 • £76.50 / $105.78 ePdf 9781509938483 • £76.50 / $105.78 Hart Publishing

On the Contemporary Significance of a Penal Classic Edited by Antje du Bois-Pedain, University of Cambridge, UK & Shachar Eldar, Ono Academic College, Israel This book considers the way that Cesare Beccaria’s slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and decades, if not centuries, after its publication. For those who turn to Beccaria’s work today, the encounter is shaped by that knowledge. Appreciative of his book’s dual nature as historical document and repository of ideas, the contributors address different aspects of the criminal justice theory Beccaria offered his readers and explore methodological questions raised by meeting a historical text of this kind – unsystematic and by modern standards often underargued – with modern scholarly conventions in mind. UK October 2022 • US December 2022 • 432 pages HB 9781509959136 • £85.00 / $115.00 ePub 9781509959143 • £76.50 / $105.78 ePdf 9781509959150 • £76.50 / $105.78 Series: Studies in Penal Theory and Penal Ethics • Hart Publishing

Sustainable Development Goals Article-by-Article Commentary

Winfried Huck, University of Cambridge, UK This authoritative and rigorous commentary expertly examines the legal framework underpinning Sustainable Development Goals (SDG). As this book illustrates, the significance of the SDGs for international law is clear. The book sets out how international organisations such as EU, ASEAN, CARICOM, are integrating the SDGs in their various legal agreements. Impacting on the national, international and transnational level, SDGs and an understanding of them is becoming much more central to the operation of international law and the practice of international lawyers, so this book will be an invaluable resource for all practitioners in the field. UK February 2022 • US April 2022 • 704 pages HB 9781509934041 • £170.00 / $230.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Conflict and Transformation

Essays on European Law and Policy Christian Joerges, Hertie School of Governance, Berlin In this important compendium, one of the leading scholars of EU law reflects on his previous writings in the context of current challenges facing the EU. The author offers a welcome counterbalance to what some see as over optimism when assessing the development of EU. In so doing, he identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the ‘integration through law’ ideology. Secondly, he sets out the systematic neglect of ‘the economic’. Finally, the author addresses the complacency with respect to Europe’s darker legacies. This is a critical and candid assessment of Europe. UK October 2022 • US October 2022 • 512 pages HB 9781509926954 • £90.00 / $120.00 ePub 9781509926961 • £81.00 / $112.65 ePdf 9781509926978 • £81.00 / $112.65 Series: International Studies in the Theory of Private Law • Hart Publishing


Re-Reading Beccaria

The European Parliament and Delegated Legislation An Institutional Balance Perspective

Merijn Chamon, Ghent University, Belgium This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in relation to decisionmaking at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. It considers whether the Parliament’s formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading. UK November 2022 • US November 2022 • 208 pages HB 9781509931859 • £70.00 / $95.00 ePub 9781509931866 • £63.00 / $87.92 ePdf 9781509931873 • £63.00 / $87.92 Series: Parliamentary Democracy in Europe • Hart Publishing

Article 47 of the EU Charter and Effective Judicial Protection Volume 1: The Court of Justice's Perspective

Edited by Matteo Bonelli, Maastricht University, the Netherlands, Mariolina Eliantonio, Maastricht University, the Netherlands & Giulia Gentile, King’s College London, UK This ambitious project explores whether the provision for judicial protection contained in article 47 of the Charter of Fundamental Rights is effective The first volume examines how the Court of Justice of the European Union (CJEU) has interpreted article 47, reflecting on its impact on the EU’s constitutional structure. Taking both a horizontal interpretation (analysing constitutional themes in play) and a vertical one (looking at specific policy areas) it shows the interplay of the protection within the wider EU architecture. Addressing key questions such as legal certainty, judicial autonomy and competences, it enhances understanding of judicial protection in the EU. UK December 2022 • US December 2022 • 384 pages HB 9781509947942 • £90.00 / $120.00 ePub 9781509947959 • £81.00 / $112.65 ePdf 9781509947966 • £81.00 / $112.65 Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Katalin Ligeti, University of Luxembourg, Luxembourg; Valsamis Mitsilegas, Queen Mary University of London, UK; Anne Weyembergh, Brussels Free University, Belgium

EU Fair Trial Rights in Criminal Proceedings

Edited by Silvia Allegrezza, University of Luxembourg & Valentina Covolo, University of Luxembourg The harmonisation of the rights of defendants in EU criminal and quasi criminal proceedings has been long overlooked in legal research. Yet it forms the bedrock of the EU Criminal Justice Area. This collection addresses that imbalance by offering a thoughtful and compelling examination of the effective implementation of defendants’ rights. It looks particularly at the required consistency between the common standards of protection stemming from EU law, the ECHR and constitutional traditions. It goes on to explore how judicial dialogue between the courts of the member states and the European courts impacts on the field. UK November 2023 • US November 2023 • 512 pages HB 9781509938643 • £100.00 / $135.00 ePub 9781509938650 • £90.00 / $125.02 ePdf 9781509938667 • £90.00 / $125.02 Series: Hart Studies in European Criminal Law • Hart Publishing

Surveillance and Privacy in the Digital Age European, Transatlantic and Global Perspectives

Edited by Valsamis Mitsilegas, Queen Mary, University of London, UK & Niovi Vavoula, Queen Mary, University of London, UK This book explores one of the most pressing questions in comparative/European criminal law today: how is privacy protected in the surveillance era. Drawing on discussions of the ECLAN annual conference, it brings together leading scholars from Europe and the United States to examine the key issues at play. UK November 2022 • US November 2022 • 328 pages PB 9781509946617 • £41.99 / $57.95 Previously published in HB 9781509925179 ePub 9781509925186 • £76.50 / $105.78 ePdf 9781509925193 • £76.50 / $105.78 Series: Hart Studies in European Criminal Law • Hart Publishing

Article 47 of the EU Charter and Effective Judicial Protection: Volume Two The National Courts’ Perspectives

Edited by Matteo Bonelli, Maastricht University, the Netherlands, Mariolina Eliantonio, Maastricht University, the Netherlands & Giulia Gentile, King’s College London, UK The principle of effective judicial protection (‘PEJP’) is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the protection it affords? This second volume of an ambitious two volume study explores how the national courts have interpreted the PEJP. It takes a comparative overview of the case law to assess the level of convergence/divergence of national courts’ approaches. The questionnaire methodology allows for an accurate charting of the application of national courts, divergence and the ensuing problems. It will be of interest to EU constitutional scholars and comparative lawyers. UK November 2022 • US November 2022 • 336 pages HB 9781509947997 • £90.00 / $120.00 ePub 9781509948000 • £81.00 / $112.65 ePdf 9781509948017 • £81.00 / $112.65 Hart Publishing

Financial Surveillance, Privacy and Data Protection

The Case of Financial Intelligence Units Foivi Mouzakiti, University of London, UK This book argues that both the EU legal system of financial intelligence, and those of Member States, fail to effectively safeguard the rights to privacy and data protection. It pays particular attention to the impact of financial investigation units (‘FIUs’) on the fundamental rights to privacy and data protection. The book illustrates that, despite their central role in the financial surveillance apparatus, FIUs have always been underregulated: to this day no comprehensive rulebook on FIUs exists. Their legal status and modus operandi are set out by national law and diverge considerably between Member States.

L A W - H A R T – European Law

Hart Studies in European Criminal Law

UK August 2023 • US August 2023 • 256 pages HB 9781509956388 • £85.00 / $115.00 ePub 9781509956395 • £76.50 / $105.78 ePdf 9781509956401 • £76.50 / $105.78 Series: Hart Studies in European Criminal Law • Hart Publishing

The External Dimension of the EU’s Policy against Trafficking in Human Beings Chloé Brière, Université Libre de Bruxelles, Belgium

Analysing the unilateral and multilateral mechanisms the EU uses to achieve these aims, this book questions whether the EU’s external response to human trafficking addresses it in all its dimensions, and whether it does so in a coherent way. As a case study, the book explores the cooperation of the EU with countries of the Western Balkans, which constitutes a specific unilateral mechanism. The analysis of the multilateral mechanisms covers the cooperation of the EU with key organisations combating human trafficking, including the Council of Europe or the United Nations Office on Drugs and Crime. UK October 2022 • US October 2022 • 328 pages PB 9781509947218 • £41.99 / $57.95 Previously published in HB 9781509932825 ePub 9781509932832 • £76.50 / $105.78 ePdf 9781509932849 • £76.50 / $105.78 Series: Hart Studies in European Criminal Law • Hart Publishing

Civil Courts and the European Polity The Constitutional Role of Private Law Adjudication in Europe

Edited by Chantal Mak, University of Amsterdam, the Netherlands & Betül Kas, Erasmus University Rotterdam, the Netherlands Public law has always been seen as the vehicle for driving polity building in Europe. But what role might private law play? This collection argues it plays a crucial one, as interactions in civil society are the bedrock of any shared identity. The book takes a 4 part approach; firstly it explores the theoretical questions at play before moving onto a discussion of judicial activity in European private law. Next it offers case studies to further support its position. In the final section practitioners articulate the role that European private law judges see for themselves in building common ground. UK December 2022 • US December 2022 • 256 pages HB 9781509941674 • £85.00 / $115.00 ePub 9781509941681 • £76.50 / $105.78 ePdf 9781509941698 • £76.50 / $105.78 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – European Law

Modern Studies in European Law Judicial Authority in EU Internal Market Law Implications for the Balance of Competences and Powers

Vilija Velyvyte, University of Oxford, UK To what extent does and should the EU internal market law limit the regulatory autonomy of its Member States? This books answers the question by exploring case law regarded as sensitive from a national point of view and assessing the legitimacy of the principles underpinning the EU constitutional order. Four case studies: healthcare, education, collective labour law and gambling, show how this autonomy works in practice. The author shines a light on constitutional imbalances, and goes further to suggest interpretative solutions addressing these imbalances. UK November 2022 • US November 2022 • 320 pages HB 9781509938995 • £85.00 / $115.00 ePub 9781509939008 • £76.50 / $105.78 ePdf 9781509939015 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing

New Directions in European Private Law

Edited by Takis Tridimas, King's College London, UK & Mateja Durovic, City University of Hong Kong This books considers the challenges faced by European private law, from both a theoretical and practical/regulatory perspectives and suggests how they might be addressed.

A Critical View on the Role of Law and the Courts

Edited by Tamara Capeta, University of Zagreb, Croatia, Iris Goldner Lang, University of Zagreb, Croatia & Tamara Perišin, University of Zagreb, Croatia This collection explores how the EU judicial wing is responding to new challenges currently being faced by the block. It looks at globally shared problems such as unequal societies, the rise of populism, and the migrant crisis. It also examines internal EU issues such as Brexit, the differences between the centre and peripheries, and the division of competences. It is recognised that the international order is transforming and the old norms no longer apply. Taking a multifaceted approach, this book draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced. UK November 2022 • US November 2022 • 304 pages HB 9781509937332 • £85.00 / $115.00 ePub 9781509937349 • £76.50 / $105.78 ePdf 9781509937356 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing

Standing to Enforce European Union Law before National Courts Hilde K Ellingsen, Lund & Co, Norway

5 sections analyse: existing theoretical framework and traditional legal scholarship on which European private law has developed; important and actual topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law; regulation of online platforms and sharing economy; regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability and recent European legislative developments in the area of digital goods and digital content.

The right to access to court is long recognised as an essential element of a Union based on the rule of law. This book asks how can member states insure that their individual rules on standing guarantee that right? It analyses the EU law’s requirements from two angles: the effective protection of Union rights and the effectiveness of Union law. It formulates an autonomous Union law doctrine of standing, then sets out an effectiveness test of member states’ enforcement mechanism, preventing practical impediments to the right to access to court.

UK December 2022 • US December 2022 • 264 pages PB 9781509949151 • £41.99 / $57.95 Previously published in HB 9781509935611 ePub 9781509935628 • £76.50 / $105.78 ePdf 9781509935635 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing

UK October 2022 • US October 2022 • 296 pages PB 9781509947454 • £44.99 / $60.95 Previously published in HB 9781509937141 ePub 9781509937158 • £81.00 / $112.65 ePdf 9781509937165 • £81.00 / $112.65 Series: Modern Studies in European Law • Hart Publishing

Investment Migration in Europe and the World

Sovereignty, Technology and Governance after COVID-19

Edited by Dimitry Kochenov, University of Groningen, The Netherlands, Madeleine Sumption University of Oxford, UK & Martijn van den Brink, University of Oxford, UK

Edited by Francisco de Abreu Duarte & Francesca Palmiotto Ettorre, European University Institute, Italy

Current Issues

This open access book takes a multi-disciplinary approach to investment migration to better understand its legal, political, and conceptual implications. It firstly documents recent trends in investment migration and their implications for citizenship. It then provides a legal and normative assessment of investment migration, from the perspective of both EU and international law. Finally, it presents case studies on investment migration practices from around the world.


The Changing European Union

Legal Challenges in a Post-Pandemic Europe

The open access edition of this book is available under a CC BY-NCND 4.0 licence on

This book imagines how Europe might re-organise and re-group after the COVID crisis by assessing its effectiveness when responding to it. It focuses on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. The book shows how these challenges intersect by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection.

UK December 2022 • US December 2022 • 384 pages HB 9781509955220 • £85.00 / $115.00 ePub 9781509955237 ePdf 9781509955244 Hart Publishing

UK September 2022 • US September 2022 • 304 pages HB 9781509955985 • £85.00 / $115.00 ePub 9781509955992 • £76.50 / $105.78 ePdf 9781509956005 • £76.50 / $105.78 Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Edited by Sebastian Lohsse, University of Münster, Germany, Reiner Schulze, University of Münster, Germany & Dirk Staudenmayer, University of Münster, Germany

Economically-dependent Workers as Part of a Decent Economy Edited by Claudia Schubert, University of Hamburg, Germany

With expertise from leading academics and practitioners, this book brings welcome clarification to and expert explanation of a fastmoving field of consumer law.

This book contains 11 country reports that outline the legal bases for the protection of economicallydependent workers in labour and social security law. In addition, a comparative analysis explores the characteristics of such workers and the regulatory models for their legal protection as well as pointing out protection gaps. Further contributions evaluate the impact of international law and European law on the legal protection of economically-dependent workers and highlight the need for future developments.

UK August 2022 • US October 2022 • 304 pages HB 9781509956753 • £120.00 / $160.00 Nomos/Hart World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

UK November 2021 • US May 2022 • 304 pages HB 9781509957293 • £150.00 / $200.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

This edited volume explores the EU legal framework governing digital productions. Looking specifically at smart products it sets out the impact of the Product Liability Directive. It goes on to discuss the Update Obligation relating to smart products and the wider consumer law issues at play.

European Contract Law

Edited by Reiner Schulze, University of Münster, Germany & Fryderyk Zoll, University of Osnabrück, Germany This revised and updated 3rd edition provides fundamental information about core EU legislation, court decisions, and academic projects in order to show how a system arises from the interaction between the different sources. Moreover, this 3rd edition takes into account the recent legislative responses to digitalisation and the development of a contract law for the 21st century, in particular the new Digital Content and Sale of Goods Directives. UK October 2021 • US November 2021 • 336 pages HB 9781509941803 • £120.00 / $160.00 Beck/Hart/Nomos World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Supplementary Protection Certificates (SPC)

Edited by Marco Stief, Maiwald Patentanwaltsund Rechtsanwalts-GmbH Munich, Germany This commentary offers the definitive guide to supplementary protection certificates (SPC); a key element in the regulation of the pharmaceutical and medical market within Europe. Beyond providing an overview of the European legislation and the CJEU case-law on SPCs, it also depicts and summarises national law and jurisprudence on leading pharmaceutical markets such as Germany, France and the United Kingdom as well as The Netherlands, Italy and Switzerland.

L A W - H A R T – European Law / Evidence / Family Law

Münster Colloquia on EU Law and the Digital Economy

Patent lawyers, those practising in the medical and pharmaceutical field as well as judges and academics will find this an invaluable resource. UK November 2021 • US May 2022 • 352 pages HB 9781509957217 • £200.00 / $270.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Evidence, Respect, and Truth

Knowledge and Justice in Legal Trials Liat Levanon, King's College London, UK This book considers whether statistical evidence should be used as legal evidence. It looks at the relationship between evidence, randomness and justifying reasons. A distinction is drawn between evidence that can justify critical judgements and evidence that can only justify non-critical judgments. The book argues that evidence can justify critical judgment only if it can support all the propositions of the judgment, thus leaving none of the propositions random, and considers how evidence can justify noncritical judgments even where it leaves some propositions random. UK November 2022 • US November 2022 • 272 pages HB 9781509942657 • £85.00 / $115.00 ePub 9781509942664 • £76.50 / $105.78 ePdf 9781509942671 • £76.50 / $105.78 Hart Publishing

Litigants in Person and the Family Justice System Jessica Mant, Cardiff University, UK

This book explores the experiences of people trying to navigate the family justice system. It calls for a refocusing of the debate about the historical challenges faced by Litigants in Person as well as the next steps for the family justice system. Drawing together decades of research on self-representation in family law for the first time and including interviews with Litigants in Person after LASPO, it uses an innovative socio-legal framework of theoretical approaches to explore the journeys taken by litigations representing themselves. UK December 2022 • US December 2022 • 256 pages HB 9781509947355 • £85.00 / $115.00 ePub 9781509947362 • £76.50 / $105.78 ePdf 9781509947379 • £76.50 / $105.78 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Human Rights

Exporting the European Convention on Human Rights

Minority Recognition and the Diversity Deficit

Maria-Louiza Deftou, University of Athens, Greece

The ECHR's impact is considerable, nationally and supranationally. To what degree has that influence seen its norms, doctrines and methods of interpretation being exported into other human rights systems? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. It takes a horizontal study of regional and global systems to identify the impact of the ECHR within the confines of their jurisprudence. It analyses the legal consequences of the extension of these norms and what it means for the functioning of international human rights law. A compelling study for European and international human rights scholars. UK October 2022 • US October 2022 • 368 pages HB 9781509952434 • £85.00 / $115.00 ePub 9781509952441 • £76.50 / $105.78 ePdf 9781509952458 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing

Comparative Perspectives

Edited by Jessika Eichler, Max Planck Institute, Germany & Kyriaki Topidi, European Centre for Minority Issues, Germany This book addresses how forms of minority recognition can be articulated in the law, institutions, and contemporary societal contexts. It explores minority rights through critical engagement with the law and its categorisations. Furthermore, it looks at collective recognition through distinct rights, including participation and free speech as well as the challenges within related conflicts of rights. It addresses intersectional forms of discrimination, revealing the complexities of societal exclusion. Looking at empirical findings in Europe and Latin America, the book draws theoretical conclusions and new frameworks of recognition. UK October 2022 • US October 2022 • 256 pages HB 9781509953073 • £85.00 / $115.00 ePub 9781509953080 • £76.50 / $105.78 ePdf 9781509953097 • £76.50 / $105.78 Hart Publishing

Hart Monographs in Transnational and International Law Craig Martin Scott, York University, Canada

Faith in Courts

Human Rights Advocacy and the Transnational Regulation of Religion

Human Rights and Violence

The Hope and Fear of the Liberal World Jarna Petman, University of Helsinki, Finland

The phenomenon of judicialisation in the field of freedom of religion is long recognised. But, to date, little has been written on how advocacy and strategic litigation has actively changed the field. This important books does just that. It shows how Jehovah’s Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and Russian Orthodox actors have negotiated the right to freedom of religion at the ECtHR over the past 30 years and draws on in-depth interviews, case law analysis, and media representation.

This book offers a critical, albeit sympathetic, exploration of the conditions for practising and enforcing human rights in a world steeped in ambivalence. Through an historical narrative it first unravels the liberal tension that inheres in rights, and then moves on to examine the case law of the European Court of Human Rights to illustrate how the tension compels a choice in the exercise of rights. In the final part, the tension and the choice in rights is analysed within the realm of humanitarian violence. A thoughtful, provoking exploration of how lawyers can both criticise and support human rights.

UK November 2022 • US November 2022 • 288 pages HB 9781509945047 • £80.00 / $110.00 ePub 9781509945108 • £72.00 / $100.29 ePdf 9781509945115 • £72.00 / $100.29 Series: Hart Monographs in Transnational and International Law • Hart Publishing

UK November 2022 • US November 2022 • 352 pages HB 9781849465335 • £60.00 / $80.00 ePub 9781782254256 • £54.00 / $75.56 ePdf 9781782254249 • £54.00 / $75.56 Series: Hart Monographs in Transnational and International Law • Hart Publishing

Lisa Harms, University of Münster, Germany

Human Rights Law in Perspective Colin Harvey, Queen's University Belfast, UK

Religious Accommodation and its Limits A Proposed Model

Farrah Raza, Pembroke College, UK This book offers an original model of religious accommodation which can be applied in practice in secular liberal democracies where religious diversity continues to pose various challenges. Firstly, the book makes a case for religious accommodation by addressing the key normative challenges raised by religious claims. Secondly, it offers a typology of how religious claims can be managed and limited through the careful balancing of competing interests. UK December 2022 • US December 2022 • 176 pages HB 9781509937103 • £65.00 / $90.00 ePub 9781509937110 • £58.50 / $81.05 ePdf 9781509937127 • £58.50 / $81.05 Series: Human Rights Law in Perspective • Hart Publishing


The Times and Temporalities of International Human Rights Law

Edited by Kathryn McNeilly, Queen’s University, UK & Ben Warwick, Birmingham Law School, UK This collection brings together a range of international contributors to stimulate discussions on time and international human rights law. The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses. UK February 2022 • US February 2022 • 256 pages HB 9781509949908 • £85.00 / $115.00 ePub 9781509949915 • £76.50 / $105.78 ePdf 9781509949922 • £76.50 / $105.78 Series: Human Rights Law in Perspective • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Key Legal Developments in Selected Jurisdictions Edited by Ekaterina Aristova, Bonavero Institute of Human Rights, UK & Ugljesa Grusic, University College London, UK What private law avenues are open to victims of human rights violations? This collection explores this question across sixteen jurisdictions in the Global South and Global North, examining mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. This global perspective assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed statement on responding to human rights violations. UK February 2022 • US February 2022 • 400 pages HB 9781509947591 • £100.00 / $135.00 ePub 9781509947607 • £90.00 / $125.02 ePdf 9781509947614 • £90.00 / $125.02 Hart Publishing

EU Immigration and Asylum Law Edited by Daniel Thym & Kay Hailbronner, University of Konstanz, Germany

The new edition of this seminal guide to EU immigration and citizenship has been updated to include all key legislative developments, focusing in particular on: Asylum Procedure and Reception Conditions Directives; Dublin III Regulation; Qualification Directive; Schengen Borders Code, Visa Code and Frontex Regulation; Family Reunion Directive; Long-Term Residents Directive; Blue Card Directive and Return Directive. Edited by renowned immigration lawyers, with contributions from experts from across Europe, this is required reading for all European immigration lawyers and practitioners. UK December 2021 • US April 2022 • 2000 pages HB 9781509957316 • £375.00 / $510.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

A Practitioner's Guide to the Unified Patent Court and Unitary Patent Paul England, Taylor Wessing, London, UK

This book explains the UPC and Unitary Patent in the wider European context, and provides practical and detailed information that users need to know, in particular: The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; Rules on competence, substantive law, jurisdiction, language and judges; The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. The book is written by a team of patent experts with many years of experience in France, Germany, the Netherlands, and the UK.

Judicial Protection of Fundamental Rights on the Internet A Road Towards Digital Constitutionalism?

Oreste Pollicino, Bocconi University, Italy This innovative book analyses the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States, particularly with regard to freedom of speech and privacy. The book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. It offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. UK November 2022 • US November 2022 • 320 pages PB 9781509947225 • £42.99 / $58.95 Previously published in HB 9781849468053 ePub 9781509912704 • £76.50 / $105.78 ePdf 9781509912711 • £76.50 / $105.78 Hart Publishing

Guidebook to Intellectual Property

Sir Robin Jacob, University College London, UK, Matthew Fisher, University College London, UK & Lynne Chave, University College London, UK This is the new edition of a unique book about intellectual property, which not only provides an outline of the basic legal principles regulating the subject, but also gives insight into how the system actually works. The authors deliberately avoid technicalities and although cases are, inevitably, referred to, they are explained in an accessible manner. An indispensable guide for those new to the subject. UK August 2022 • US October 2022 • 288 pages PB 9781509948673 • £28.99 / $39.95 • HB 9781509962808 • £90.00 / $120.00 ePub 9781509948680 • £26.09 / $37.08 ePdf 9781509948697 • £26.09 / $37.08 Hart Publishing

Unified Patent Court Procedure A Commentary

Christof Augenstein, Preu Bohlig & Partner, Sabine Agé, Véron VA & Associés & Alex Wilson, Powell Gilbert

L A W - H A R T – Human Rights / Immigration & Asylum Law / Intellectual Property Law

Civil Remedies and Human Rights in Flux

This commentary is focused on the procedure of the Unified Patent Court, and covers infringement and defences; proceedings and the UPC; the statutes of the UPCC; financial provisions and general provisions. It also explores languages of proceedings; proceedings before the Court; powers of the Court; appeals; decisions, implementation and operation of agreement. All patent lawyers will welcome this magisterial commentary. UK November 2022 • US December 2022 • 1000 pages HB 9781849464932 • £300.00 / $410.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

UK November 2022 • US January 2023 • 400 pages HB 9781849467827 • £140.00 / $190.00 ePub 9781509904228 • £126.00 / $174.48 ePdf 9781509904211 • £126.00 / $174.48 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Intellectual Property Law / International & Comparative Criminal Law

Performing Copyright

Law, Theatre and Authorship

Edited by Emmanouil Billis, Max Planck Institute for the Study of Crime, Security and Law, Nandor Knust, University of Tromsø, Norway & Jon Petter Rui, University of Bergen, Norway

Luke McDonagh, London School of Economics and Political Science, UK This innovative book explores issues of performativity and authorship in the theatre world under copyright law. The first part examines the history of the dramatic work both as text and as performative work; the second considers the notions of authorship and joint authorship under copyright law as they apply to the process of creating plays. The third section analyses copyright infringement in the context of theatre, while the fourth examines how moral rights of attribution and integrity work in theatre. The book concludes with a prescriptive comment on how law and theatre should respond to each other.

This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The book offers an interdisciplinary and crossjurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, supranational enforcement as well as human rights and international criminal and humanitarian law.

UK December 2022 • US December 2022 • 256 pages PB 9781509949168 • £42.99 / $58.95 Previously published in HB 9781509927036 ePub 9781509927050 • £76.50 / $105.78 ePdf 9781509927043 • £76.50 / $105.78 Hart Publishing

UK December 2022 • US December 2022 • 496 pages PB 9781509947065 • £42.99 / $58.95 Previously published in HB 9781509938605 ePub 9781509938612 • £76.50 / $105.78 ePdf 9781509938629 • £76.50 / $105.78 Hart Publishing

Studies in International and Comparative Criminal Law Michael Bohlander, Durham University, UK

Principles of Indonesian Criminal Law Topo Santoso, University of Indonesia

This authoritative new work sets out the key tenets of the principles and process of criminal law in Indonesia. Focusing on substantive criminal law, starting from its definition, history, principles, and interpretation, it goes on to explore a criminal offence and its elements, criminal fault and liability, causation, and other issues. The author is a leading scholar, experienced both in practice and teaching in the field. This an important new work in the field of comparative criminal law. UK January 2023 • US January 2023 • 400 pages HB 9781509950928 • £110.00 / $150.00 ePub 9781509950935 • £99.00 / $137.39 ePdf 9781509950942 • £99.00 / $137.39 Series: Studies in International and Comparative Criminal Law • Hart Publishing

Islamist Militants and their Challenges to Sharia and International Criminal Law

Mohamed Elewa Badar, Northumbria University, UK This monograph examines the most dangerous aspect of the ideologies propagated by violent Islamists; the merging of religious ideology with modern resources, facilitating recruitment. The book aims to understand the above-mentioned radical ideology, breaking it down to its foundations whilst assessing the key ideologies whose influences have shaped the beliefs of thousands throughout history. In this aspect it will be widely useful to counter-radicalisation efforts, increasing the capacity for preventing and controlling the process of violent radicalisation and providing a counter-narrative to the propaganda of extremist individuals and groups like IS. UK November 2022 • US November 2022 • 288 pages HB 9781509910533 • £70.00 / $95.00 ePub 9781509910540 • £63.00 / $87.92 ePdf 9781509910557 • £63.00 / $87.92 Series: Studies in International and Comparative Criminal Law • Hart Publishing


Proportionality in Crime Control and Criminal Justice

Principles of Polish Criminal Procedure

Jaroslaw Zagrodnik, Silesia University, Poland & Kazimierz Zgryzek, Silesia University, Poland Little is available in English on the procedural aspects of the Polish criminal justice system and the tenets of its criminal process. This book addresses this gap, setting out an analysis of the founding principles, its main phases and of those systemic and structural components which inform it. Taking an applied, practical approach, pre-trial, trial, post-trial, questions of evidence and remedies are all addressed. The authors, experts in the field, also explore the role of more general rule of law/standards of law questions currently impacting on the law and its interpretation. Comparative criminal lawyers will welcome this important new work. UK December 2022 • US December 2022 • 384 pages HB 9781509950775 • £110.00 / $150.00 ePub 9781509950782 • £99.00 / $137.39 ePdf 9781509950799 • £99.00 / $137.39 Series: Studies in International and Comparative Criminal Law • Hart Publishing

Principles of German Criminal Procedure Michael Bohlander, Durham Law School, UK

The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues: from basic procedural principles to the key actors. Other areas explored include pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. It also explores the differences between proceedings against adults and juveniles. The theoretical discussion of decision-making and written judgments is balanced with practical insights through examples of an indictment, a trial and appellate judgment by the Federal Court of Justice. UK December 2022 • US December 2022 • 304 pages PB 9781509948246 • £44.99 / $60.95 Previously published in HB 9781509935338 ePub 9781509935345 • £81.00 / $112.65 ePdf 9781509935352 • £81.00 / $112.65 Series: Studies in International and Comparative Criminal Law • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

Edited by Jean Ho, National University of Singapore & Mavluda Sattorova, University of Liverpool, UK This book provides a fresh analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. Each chapter in the book addresses a different and underexplored dimension of investor accountability. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of international instruments addressing investor accountability. UK December 2022 • US December 2022 • 432 pages PB 9781509951062 • £42.99 / $58.95 Previously published in HB 9781509937912 ePub 9781509937936 • £76.50 / $105.78 ePdf 9781509937929 • £76.50 / $105.78 Series: Studies in International Trade and Investment Law • Hart Publishing

Commentary on the Digital Services Act

Edited by Benjamin Raue, Digital Law Institute of Trier, Germany & Franz Hofmann, FriedrichAlexander-Universität, Germany The Digital Services Act provides a framework for all categories of content, products, services and activities on intermediary services. It builds on existing liability rules and is directly applicable to all intermediary services provided to residents of the European Union, irrespective of the place of establishment of the service provider. In this commentary, a team of experts work meticulously, article-by-article, to set out precisely the obligations and liabilities that it gives rise to. All lawyers in the field of digital services will find this invaluable. UK November 2022 • US December 2022 • 752 pages HB 9781509957132 • £250.00 / $340.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Landmark Cases in Labour Law

Edited by Jeremias Adams-Prassl, University of Oxford, UK, Alan Bogg, University of Bristol, UK & ACL Davies, University of Oxford, UK This book features essays by leading legal scholars on ‘landmark’ labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers’ fundamental rights at work. UK November 2022 • US November 2022 • 320 pages HB 9781509944262 • £85.00 / $115.00 ePub 9781509944279 • £76.50 / $105.78 ePdf 9781509944286 • £76.50 / $105.78 Series: Landmark Cases • Hart Publishing

Smart Contracts

Technological, Business and Legal Perspectives Edited by Marcelo Corrales Compagnucci, University of Copenhagen, Denmark, Mark Fenwick, Kyushu University, Japan & Stefan Wrbka, University of Applied Sciences for Management and Communication, Austria This book brings together leading scholars and practitioners to examine the main features of smart contracts. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the ‘observability’ and reduce the costs of verifying contractual obligations and performance. The chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements. UK December 2022 • US December 2022 • 256 pages PB 9781509948253 • £42.99 / $58.95 Previously published in HB 9781509937028 ePub 9781509937042 • £76.50 / $105.78 ePdf 9781509937035 • £76.50 / $105.78 Hart Publishing

Commentary on the Digital Markets Act

Edited by Rupprecht Podszun, Heinrich Heine Universität Düsseldorf, Germany The Digital Markets Act (DMA) is the European project for regulating digital gatekeepers. The DMA is the first encompassing legislative set of rules that goes beyond traditional competition law and provides essential rules for doing business with digital gatekeepers, in response to the global recognition for the need for increased regulation of the sector. This commentary provides an expert articleby-article guide to the Act and its application. All lawyers practising in the digital market sector will find this an invaluable resource. UK December 2022 • US January 2023 • 400 pages HB 9781509957095 • £170.00 / $230.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Lawyers and the Rule of Law

Andrew Boon, City, University of London, UK This book examines lawyers' historical and contemporary relationship to the rule of law. It does so by identifying a range of rule of law issues confronting society; by illustrating how lawyers interact with them; by examining how legal independent professions' support is key to rule of law; and finally by exploring arguments that satisfactory support for the rule of law is available by other means. It considers lawyers' contribution to the growth of constitutionalism, the formulation of roles and identities, the formation of values, and the challenges faced by lawyers and the rule of law in the past 50 years.

L A W - H A R T – International Investment / IT & Technology / Labour & Discrimination / Legal Profession

Investors’ International Law

UK October 2022 • US October 2022 • 528 pages HB 9781509925216 • £90.00 / $120.00 ePub 9781509925223 • £81.00 / $112.65 ePdf 9781509925230 • £81.00 / $112.65 Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Legal Profession / Legal Philosophy

The Bodyguards of Lies

Final Judgment

Christopher Whelan, University of Oxford, UK

Alan Paterson, University of Strathclyde, UK

Lawyers’ Power and Professional Responsibility This book uses examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how they tackle their conflicting duties, and highlights the ‘tragic choices’ lawyers everywhere routinely make through their ‘power of decision’. The book presents a unique and fascinating account of what happens when lawyers’ duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct. UK October 2022 • US October 2022 • 432 pages HB 9781509956999 • £85.00 / $115.00 ePub 9781509957002 • £76.50 / $105.78 ePdf 9781509957019 • £76.50 / $105.78 Hart Publishing

Making Laws That Work

How Laws Fail and How We Can Do Better David Goddard, Court of Appeal, New Zealand Why do some laws fail? And how can we make laws that actually work? This helpful guide provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed and examines some of the reasons why such failures occur. It provides strategies to reduce the risk of failure of legislative projects and provides useful checklists of questions to ask and issues to consider, which will be invaluble to anyone involved in designing legislation. UK July 2022 • US July 2022 • 304 pages PB 9781509955367 • £24.99 / $34.95 • HB 9781509955374 • £85.00 / $115.00 ePub 9781509955381 • £22.49 / $31.59 ePdf 9781509955398 • £22.49 / $31.59 Hart Publishing

The Last Law Lords and the Supreme Court The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides an unrivalled view into the workings of the Court during its final decade, and during the formative years of the Supreme Court. Drawing on over 100 interviews, including a total of 36 Law Lords, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the Court has provided seminal. The book demonstrates that appellate decision-making in the House of Lords remains dialogue-based, but is now more varied, being face to face, oral, written, symbolic, contemporary, asynchronic and virtual. The research reveals that during its last decade the House of Lords was only intermittently collegial, while certain Law Lords were adept at utilising techniques for consensus building and influencing colleagues to bring about a change in the majority decision of the court. The modern expansion in judicial review has given rise to another dialogue with Parliament, leading to a constitutional struggle between the highest court and the other branches of government which masks an accountability problem recently exacerbated by our doctrine of separation of powers. The book examines mechanisms for handling this democratic deficit, including reform to the selection procedure for Supreme Court Justices and greater transparency in decision-making. UK October 2021 • US September 2021 • 366 pages PB 9781509957156 • £19.99 / $26.95 Previously published in HB 9781849463836 ePub 9781782252795 • £17.99 / $24.72 ePdf 9781782252788 • £17.99 / $24.72 Hart Publishing

Agency, Morality and Law

Joshua Jowitt, Newcastle University, UK This book demonstrates that the normative force of law has a necessary connection to morality in 2 ways. Firstly, a commitment to the concept of moral truths is required; secondly, these moral truths must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth’s Principle of Generic Consistency, which locates the existence of universally applicable moral norms through a dialectically necessary argument grounded in the truism of noumenal agency. It demonstrates that a universalised instrumental reason serves as an imperative to bind agents to its absolute and exclusionary requirements against potentially non-compliant behaviour.

Human Rights After Deleuze Towards an An-archic Jurisprudence

Christos Marneros, University of Lincoln, UK This book examines the possibility of creating new ways of existing beyond human rights. The multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now. UK November 2022 • US November 2022 • 288 pages HB 9781509957705 • £85.00 / $115.00 ePub 9781509957712 • £76.50 / $105.78 ePdf 9781509957729 • £76.50 / $105.78 Hart Publishing


UK November 2022 • US November 2022 • 224 pages HB 9781509947683 • £70.00 / $95.00 ePub 9781509947690 • £63.00 / $87.92 ePdf 9781509947706 • £63.00 / $87.92 Series: European Academy of Legal Theory Series • Hart Publishing

Law's Moral Indifference

Andreas Takis, Aristotelian University of Thessaloniki, Greece This book traces the developments that established legal positivism as an almost insurmountable horizon in legal theory. It shows that modern positivism's enduring success is due to the gradual abandonment of its core position on law's moral indifference, which, paradoxically, renders it less and less positivistic. UK December 2022 • US December 2022 • 264 pages HB 9781849460149 • £60.00 / $80.00 ePub 9781782252337 • £54.00 / $75.56 ePdf 9781849469463 • £54.00 / $75.56 Series: Law and Practical Reason • Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

A Practitioner’s Guide

Johannes Pitz, Vossius & Partner, Germany, Atsushi Kawada & Jeffrey A Schwab In this book, three experienced legal practitioners in patent matters provide a reliable and detailed guideline on how to enforce patents in three of the most important jurisdictions for patent infringement litigation, namely Germany, Japan and the United States. The book is structured by the relevant subject matters of patent litigation such as scope of patent protection, claims of the patent holder and objections of the alleged infringer, fact finding, pre-procedural measures, trial, principles of procedure and comparative aspects.

Aviation Law

Edited by Stephan Hobe, University of Köln, Germany & Moritz Heile, Goodvice, Germany This books offers an expert guide to the aviation industry, by two of its leading commentators. Starting with history and sources, it goes on to look at the provision of international services and the specific European and German aviation market. It then explores questions of liability and security. Finally, it examines environmental considerations and suggests future trends and challenges. UK August 2022 • US October 2022 • 512 pages HB 9781509957163 • £200.00 / $270.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

UK December 2021 • US February 2022 • 256 pages HB 9781509960866 • £200.00 / $270.00 Beck/Hart/Nomos World All Languages (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

Artificial Intelligence and Autonomous Shipping

Maritime Organisation, Management and Liability

Edited by Baris Soyer, Swansea University, UK & Andrew Tettenborn, Swansea University, UK

Edited by Stephen Girvin, National University of Singapore & Vibe Ulfbeck, University of Copenhagen, Denmark

Developing the International Legal Framework

This book evaluates the legal frameworks necessary for the use of autonomous ships in international waters. Part 1 explores how far national shipping regulation, and its public international law background, may need updating to accommodate the use of autonomous ships on international voyages, while Part 2 deals with private law and insurance issues. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing that specific changes to existing conventions, such as SOLAS and MARPOL, would allow autonomous ships to be put into commercial use and would also be important in the case of liability issues. UK November 2022 • US November 2022 • 256 pages PB 9781509947935 • £42.99 / $58.95 Previously published in HB 9781509933358 ePub 9781509933372 • £76.50 / $105.78 ePdf 9781509933365 • £76.50 / $105.78 Hart Publishing

Landmark Cases in Privacy Law

Edited by Paul Wragg, University of Leeds, UK & Peter Coe, University of Reading, UK This diverse and engaging book brings together eminent commentators to analyse cases of enduring significance to privacy law. The book tackles the conceptual nature of privacy in its various guises, from data protection, to misuse of private information, and intrusion into seclusion. It explores the practical issues arising from questions about the threshold of actionability, the function of remedies, and the nature of damages. The volume provides insightful analysis of cases from England, the United States, Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights. UK October 2022 • US October 2022 • 320 pages HB 9781509940769 • £75.00 / $100.00 ePub 9781509940776 • £67.50 / $93.42 ePdf 9781509940783 • £67.50 / $93.42 Series: Landmark Cases • Hart Publishing

A Legal Analysis of New Challenges in the Maritime Industry

This book examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law and then focuses on sustainability requirements. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies and the UNCITRAL Model Law. The fourth section concerns digitalisation and automation. UK November 2022 • US November 2022 • 400 pages PB 9781509942954 • £44.99 / $60.95 Previously published in HB 9781509942916 ePub 9781509942923 • £81.00 / $112.65 ePdf 9781509942930 • £81.00 / $112.65 Hart Publishing

Healthcare, Quality Concerns and Competition Law A Systematic Approach

Theodosia Stavroulaki, New York University School of Law, USA Opponents of market driven healthcare argue that a competition approach to medical treatment negatively impacts quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions, unveiling areas where healthcare provision and the pursuit of quality clash. It shows how competition authorities can only assess competition concerns when asking the question of how healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical, and health insurance markets to depict the reality and challenges of regulating competition in healthcare provision.

L A W - H A R T – Litigation & Civil Procedure / Maritime, Shipping & Aviation / Media Law / Medical Law

Patent Litigation in Germany, Japan and the United States

UK November 2022 • US November 2022 • 304 pages HB 9781509943340 • £85.00 / $115.00 ePub 9781509943357 • £76.50 / $105.78 ePdf 9781509943364 • £76.50 / $105.78 Series: Hart Studies in Law and Health • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


L A W - H A R T – Private International Law / Public International Law

The Structural Transformation of European Private Law A Critique of Juridical Hermeneutic Leone Niglia, University of Exeter, UK This book offers a ground-breaking read, both comparative and historical, of the structure and transformation of private law in continental Europe. It reconstructs a hermeneutical praxis that is (it is argued) at the core of private law: the balancing of conflicting interests and normative considerations in 3 key arguments:

Actors, Processes and Impact

Edited by Beatriz Barreiro Carril, Andrzej Jakubowski & Lucas Lixinski

- 'balancing' has always been a comparative process within civil law systems and across the civil-common law divide.

This book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which international law-making has shifted in response to new technologies and new actors. In four parts it examines: new actors and their impact on the Convention’s law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.

UK November 2022 • US November 2022 • 224 pages HB 9781509925254 • £85.00 / $115.00 ePub 9781509925261 • £76.50 / $105.78 ePdf 9781509925278 • £76.50 / $105.78 Series: Modern Studies in European Law • Hart Publishing

UK December 2022 • US December 2022 • 304 pages HB 9781509961443 • £85.00 / $115.00 ePub 9781509961450 • £76.50 / $105.78 ePdf 9781509961467 • £76.50 / $105.78 Hart Publishing

- 'balancing' in private law is not merely an analytical process but instead a form of legal argument - in order to truly understand private law, a bottom-up historical analysis must be adopted

Australia in the International Legal System

From Empire to the Contemporary World Edited by Madelaine Chiam, La Trobe Law School, Australia & Alison Duxbury, University of Melbourne, Australia What impact has Australia had on international law? This collection of essays delves into the history of Australia's interactions with international law and considers how its people have shaped it. It explores issues such as the country’s imperial and settler past. It assesses how Australians have contributed to institutions such as the ICJ, the UN and the British Commonwealth. It gives a fascinating insight into international law’s impact on a domestic legal system and the complex and multifaceted nature of that relationship. UK March 2023 • US March 2023 • 352 pages HB 9781509941636 • £80.00 / $110.00 ePub 9781509941643 • £72.00 / $100.29 ePdf 9781509941650 • £72.00 / $100.29 Hart Publishing

The Finnish Yearbook of International Law, Vol 26, 2016

Edited by Tuomas Tiittala, University of Helsinki, Finland


15 Years of the UNESCO Diversity of Cultural Expressions Convention

Liability for Transboundary Pollution at the Intersection of Public and Private International Law Guillaume Laganière, Université du Québec à Montréal (UQAM), Canada

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law, implicitly relying private international law. Yet this connection remains poorly understood. This study addresses this by exploring how domestic private international law can reflect international environmental law. It investigates civil liability and identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, drawing on Canadian private international law and European law. Private, public and environmental lawyers will welcome this important work. UK February 2022 • US February 2022 • 312 pages HB 9781509951154 • £85.00 / $115.00 ePub 9781509951161 • £76.50 / $105.78 ePdf 9781509951178 • £76.50 / $105.78 Series: Hart Monographs in Transnational and International Law • Hart Publishing

Unilateral Sanctions in International Law

Edited by Surya P Subedi QC, University of Leeds, UK

This book honours and strengthens the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union.

This book explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. It examines the legality of unilateral sanctions and the limitations within which they should operate.

The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature.

It includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment and regional economic integration.

UK December 2021 • US December 2021 • 168 pages HB 9781509954377 • £140.00 / $190.00 ePub 9781509954384 • £126.00 / $174.48 ePdf 9781509954391 • £126.00 / $174.48 Series: Finnish Yearbook of International Law • Hart Publishing

UK December 2022 • US December 2022 • 432 pages PB 9781509948420 • £44.99 / $60.95 Previously published in HB 9781509948383 ePub 9781509948390 • £85.50 / $118.15 ePdf 9781509948406 • £85.50 / $118.15 Hart Publishing • UK, Europe, ROW • +44 (0)1256 302692 •

A Central Asian Perspective on International Law Sergey Sayapin, KIMEP University, Kazakhstan

This book offers a comprehensive overview of international law in the light of contemporary challenges facing Central Asian States. It shows the relevance and utility of international law in resolving those issues, in the interdisciplinary context of international relations, international institutions, and sociology of law. From a pedagogical perspective, the book identifies challenges to teaching international law in Central Asia, including curricular issues, independence of higher education institutions, language issues, influence of various foreign schools of international law doctrine, etc., and explores ways to integrate the Central Asian schools of international law in a broader Asian and international picture. UK June 2023 • US June 2023 • 288 pages HB 9781509935499 • £85.00 / $115.00 ePub 9781509935505 • £76.50 / $105.78 ePdf 9781509935512 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

International Agreements between Non-State Actors as a Source of International Law Melissa Loja, National University of Singapore, Singapore

This book adopts postmodern legal positivism, departing from the more usual state-centric analysis, to explore whether agreements with non state actors can be considered sources of law. It acknowledges that international law-making takes place in subjective social landscapes. It moves beyond a conceptual discussion, and looks at the question in an applied context, taking as its case study petroleum agreements allowing two or more states to exploit disputed resources across boundaries. This innovative study will be relevant to scholars, practitioners of public international law, and civil servants. UK October 2022 • US October 2022 • 272 pages HB 9781509951109 • £85.00 / $115.00 ePub 9781509951116 • £76.50 / $105.78 ePdf 9781509951123 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

State Responsibility for NonState Actors Past, Present and Prospects for the Future

Richard Mackenzie-Gray Scott, University of Oxford, UK This book investigates how state responsibility is determined for the wrongdoing of non-state actors. People, businesses and societies pay a price for interactions between states and non-state actors. From insurrections that attempt to create new governments, to states arming belligerent proxies, to companies damaging natural environments or providing suspect services, their impacts are felt in numerous ways. They also give raise to many questions relating to responsibility. In answering these, this book provides a picture of what the law governing this area is, what it could be, and what it should be in light of the past, present, and future. UK September 2022 • US September 2022 • 336 pages HB 9781509951543 • £85.00 / $115.00 ePub 9781509951550 • £76.50 / $105.78 ePdf 9781509951567 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

A Framework for Compliance in International Humanitarian Law Elizabeth Stubbins Bates, University of Oxford, UK

The books grapples with the long recognised challenge of international humanitarian law: namely that it is only partially implemented and underenforced. It shows how the duty to respect and disseminate international humanitarian law in military instruction and training, command responsibility to prevent, grave breaches, and the law on superior orders are all inter-related. Interdisciplinary analysis gives insights into key actors’ behaviour. All this serves to show what is required under international humanitarian law and how it can be better complied with. This innovative study will be welcomed by academics in the field, but also by military lawyers and NGOs. UK November 2022 • US November 2022 • 272 pages HB 9781509958139 • £85.00 / $115.00 ePub 9781509958146 • £76.50 / $105.78 ePdf 9781509958153 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

Judicial Decisions in International Law Argumentation

Between Entrapment and Creativity Letizia Lo Giacco, Leiden University, the Netherlands Do the decisions of courts transform international law? This book explores this question by looking at the issues of international criminal law. It focuses on cases in four key fields: protected groups in the definition of genocide; armed conflict in the definition of war crimes and serious violations of the laws and customs of war; command responsibility; and the 'unlawful combatant'. Cases are drawn from courts including the International Military Tribunal in Nuremberg (IMT), the ICTY, the ICTR, and the ICC.

L A W - H A R T – Public International Law / Socio-Legal Studies

Studies in International Law

UK October 2022 • US October 2022 • 272 pages HB 9781509948949 • £85.00 / $115.00 ePub 9781509948956 • £76.50 / $105.78 ePdf 9781509948963 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing

Combining the Legal and the Social in Sociology of Law An Homage to Reza Banakar

Edited by Håkan Hydén, Lund University, Sweden, Roger Cotterrell, Queen Mary University of London, UK, David Nelken, King's College London, UK & Ulrike Schultz, Formerly of FernUniversität in Hagen, Germany This open access book pays homage to Reza Banakar, who died in August 2020, exploring the many different areas of socio-legal research that he worked on and influenced. The book is split into 5 sections: theory; methods and interdisciplinarity; legal culture; law and science; and applied sociology of law. The book aims to advance the sociology of law by demonstrating the interconnectedness of the legal and the social from a broad range of perspectives. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on Open access was funded by Lund University Libraries. UK November 2022 • US November 2022 • 576 pages HB 9781509959389 • £100.00 / $135.00 ePub 9781509959396 ePdf 9781509959402 Series: Oñati International Series in Law and Society • Hart Publishing • USA, Canada, Latin America • 888-330-8477 •


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