Intersentia catalogue 2017 by Intersentia

Intersentia Catalogue 2017 New and forthcoming publications

LAW / H U MA N R I GHTS / BUSINESS & FINANCE

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Preface

Student prices and inspection copies

Dear reader, It is with great pleasure that we present to you our 2017 catalogue which gives an overview of our forthcoming and most recent titles. Our entire catalogue can of course be found and ordered on our website, www.intersentia.com. Quality matters to us and to our authors. Our peer-reviewing processes and the expertise and dedication of our authors ensure that our publications are consistently valuable and informative, yet leaving food for thought. This year, we are very proud to publish the first analytical assessment of the legal consequences of Brexit: The UK after Brexit edited by Michael Dougan. It offers professionals, academics and students an authoritative, informative and thought-provoking analyses of some of the key challenges facing the UK legal system in and through the process of ‘de-Europeanisation’ that is Brexit. Other noteworthy titles include European Contract Law and the Digital Single Market edited by Alberto De Franceschi, offering clear answers to the challenges of digital revolution; Karl Riesenhuber’s European Legal Methodology and Building Trust in Taxation edited by Bruno Peeters, Hans Gribnau and Jo Badisco who address the legitimacy crisis in the contemporary tax landscape. In the area of international criminal law we are publishing James Nyawo’s Selective Enforcement and International Criminal Law which analyses the legitimacy crisis facing the International Criminal Court in Africa. These are just a few our new projects, but many more are in development. Please visit our website, www.intersentia.com to find out more about our backlist and forthcoming titles – and stop by our stand at one of the international conferences we will be attending. Our English language publishing is entering an exciting period of growth, but we are always looking for new works by the leading authors. If you have an idea for a book or series that you would like to discuss with us, please don’t hesitate to get in touch.

Ann-Christin Maak-Scherpe Publisher and General Manager

Richard Hart Non-Executive Director

Become an author If you would like to submit a book proposal, please address it to Ann-Christin Maak-Scherpe, publisher and general manager at Intersentia Cambridge, by e-mail: ac.maak@intersentia.co.uk. Please refer to the ‘Guidelines for Prospective Authors’ on our website, and if you have any questions, please do not hesitate to ask.

The titles on the following pages, and titles bearing this symbol throughout the catalogue, are particularly recommended as useful books for students, and a corresponding student price is usually available. We are always willing to discuss student arrangements for other books. If you are a lecturer or course convenor interested in receiving an inspection copy, please contact us on mail@intersentia.co.uk, or visit our website for our inspection copy policy.

Contents Preface Teaching materials Further reading Law General Administrative Law Company Law Children’s Rights Constitutional & Administrative Law Contract Law Consumer Law Criminal Law Discrimination Law Energy & Environmental Law European Law Family Law Humanitarian Law & Armed Conflict Insolvency Law International Law Labour Law & Social Security Law Law & Economics Migration Law Privacy Law Private Law Procedural Law & Civil Litigation Property Law Tort Law Intellectual Property Law Civil Procedure Human Rights Transitional Justice Business & Finance International distribution Book ordering information Order form

2 3 5 7 7 8 8 9 10 10 14 15 18 19 20 24 28 29 30 30 31 32 32 33 34 34 35 36 37 38 44 45 46 46 47

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Recommended for students and teachers

Teaching materials

The UK After Brexit Legal and Policy Challenges M. Dougan (ed.)

Introduction to South Paciﬁc Law

Courts and Civil Procedure in the South Paciﬁc

th edition J. Corrin and D. Paterson

nd edition J. Corrin and D.N. Bamford

ISBN 978-1-78068-471-0 | xii + 328 pp.

ISBN 978-1-78068-412-3

ISBN 978-1-78068-280-8

paperback | 2017 | € 31 | $ 37 | £ 29

c + 440 pp. | paperback

lxxxii + 398 pp. | paperback

See p.  for more information

2017 | € 79 | $ 95 | £ 75

2016 | € 69 | $ 83 | £ 66

student price: € 39 | $ 47 | £ 37

student price: € 32 | $ 38 | £ 30

See p.  for more information

See p.  for more information

Handbook of Shale Gas Law and Policy

Access to the European Union

T. Hunter (ed.)

Law, Economics, Policies nd edition N. Moussis

Constitutions Compared

Contract Rules

An Introduction to Comparative Constitutional Law th edition A.W. Heringa

Decoding English Law N. Andrews ISBN 978-1-78068-442-0

Energy & Law, volume 1

xlvi + 406 pp. | hardback

ISBN 978-1-78068-242-6

ISBN 978-1-78068-399-7

2016 | € 98 | $ 118 | £ 93

xvi + 398 pp. | hardback

ISBN 978-1-78068-383-6

xvi + 474 pp. | paperback

student price: € 41 | $ 49 | £ 39

2016 | € 124 | $ 149 | £ 118

xx + 776 pp. | paperback

2016 | € 80 | $ 96 | £ 67

See p.  for more information

student price: € 45 | $ 54 | £ 43

2016 | € 65 | $ 91 | £ 62

See p.  for more information

See p.  for more information

student price: € 40 | $ 48 | £ 38 See p.  for more information

You can find more books at www.intersentia.com.

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Recommended for students and teachers

Teaching materials

Ius Communitatis Series | Textbooks on European Union Law European Social Security Law

European Consumer Law

European Employment Law

Sixth edition F.J.L. Pennings

Second edition N. Reich, H.-W. Micklitz, P. Rott and K. Tonner

Ius Communitatis Series, volume 

Ius Communitatis Series, volume 5

ISBN 978-1-78068-080-4

ISBN 978-1-78068-310-2

ISBN 978-1-78068-459-8

lx + 804 pp. | hardback

xxiv + 386 pp. | paperback

xlviii + 422 pp. | paperback

2012 | € 185 | $ 222 | £ 176

2015 | € 110 | $ 132 | £ 105

2014 | € 95 | $ 114 | £ 77

student price: € 50 | $ 60 | £ 48

student price: € 40 | $ 48 | £ 38

European Migration Law

European Criminal Law

European Company Law

Ius Communitatis, volume 7

Second edition P. Boeles, M. den Heijer, G. Lodder and K. Wouters

An Integrative Approach Third edition A. Klip

Organization, Finance and Capital Markets S. Grundmann

ISBN 978-1-78068-259-4

Ius Communitatis Series, volume 3

Ius Communitatis Series, volume 

Ius Communitatis Series, volume 1

xxx + 752 pp. | paperback

ISBN 978-1-78068-253-2

ISBN 978-1-78068-270-9

ISBN 978-1-78068-397-3

2017 | € 148 | $ 178 | £ 141

xxii + 458 pp. | paperback

lvi + 592 pp. | hardback

lvi + 984 pp. | paperback

student price: € 50 | $ 60 | £ 48

2014 | € 95 | $ 114 | £ 90

2016 | € 125 | $ 150 | £ 119

2011 | € 185 | $ 222 | £ 176

See p.  for more information

student price: € 40 | $ 48 | £ 38

student price: € 49 | $ 59 | £ 47

student price: € 50 | $ 60 | £ 48

Entrepreneurship

Comparative Concepts of Criminal Law

European Legal Methodology K. Riesenhuber (ed.)

A way of life R. Aernoudt and M. Van Rompaey

Financial Management in Practice R. Aernoudt ISBN 978-1-78068-432-1 xx + 412 pp. | paperback

Business Valuation Using Financial Analysis to Measure a Company’s Value 3rd edition G. Parmentier and B. Cuypers

K. Riesenhuber Ius Communitatis Series, volume 

Second edition J. Keiler and D. Roef (eds.)

ISBN 978-1-78068-313-3

ISBN 978-1-78068-364-5

xx + 190 pp. | paperback

xvi + 306 pp. | paperback

2015 | € 35 | $ 42 | £ 33

2016 | € 85 | $ 102 | £ 81

student price: € 25 | $ 30 | £ 24

student price: € 35 | $ 42 | £ 33

Human Resource Management: Basics R. Caers ISBN 978-1-78068-363-8 xiv + 224 pp. | paperback

2017 | € 59 | $ 71 | £ 56

ISBN 978-1-78068-448-2

2016 | € 40 | $ 48 | £ 38

student price: € 35 | $ 42 | £ 33

x + 318 pp. | paperback

student price: € 30 | $ 36 | £ 29

See p.  for more information

2017 | € 79 | $ 111 | £ 75 student price: € 35 | $ 42 | £ 33 See p.  for more information

You can find more books at www.intersentia.com.

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Recommended for students and teachers

Further reading

and postgraduate reading

Civil and Commercial Mediation in Europe Volume 1 National Mediation Rules and Procedures C. Esplugues Mota (ed.) ISBN 978-1-78068-077-4 xxii + 539 pp. | hardback

Administrative Law of the European Union, Its Member States and the United States

The Law and Jurisprudence of the International Criminal Tribunals and Courts

3rd edition R. Seerden ISBN 978-1-78068-109-2

Procedure and Human Rights Aspects V. Tochilovsky

xxiv + 394 pp. | paperback

ISBN 978-1-78068-199-3

2014 | € 75 | $ 90 | £ 71

2012 | € 79 | $ 95 | £ 75

xxxiv + 1372 pp. | hardback

student price: € 40 | $ 48 | £ 38

student price: € 48 | $ 58 | £ 46

2014 | € 195 | $ 234 | £ 185

student price: € 50 | $ 60 | £ 48

ISBN 978-1-78068-130-6 xxx + 772 pp. | hardback 2014 | € 145 | $ 174 | £ 138 student price: € 50 | $ 60 | £ 48

The Jurisprudence of the International Criminal Court R. Kamuli ISBN 978-1-78068-243-3 xliv + 316 pp. | paperback

student price: € 50 | $ 60 | £ 48

2012 | € 145 | $ 174 | £ 138

Volume 2 Cross-Border Mediation C. Esplugues Mota (ed.)

Modern International Criminal Justice

The Practice of Public Procurement

The Common Interest in International Law

Armed Conflicts and the Law

Tendering, Selection and Award P. Kiiver and J. Kodym

J. Wouters, P. De Man and N. Verlinden (eds.)

ISBN 978-1-78068-266-2

W. Benedek, K. De Feyter, M. C. Kettemann and C. Voigt (eds.)

International Law, volume 17

xii + 156 pp. | paperback

Law & Cosmopolitan Values,

ISBN 978-1-78068-320-1

2014 | € 45 | $ 54 | £ 43

volume 5

lxxii + 572 pp. | paperback

student price: € 30 | $ 36 | £ 29

ISBN 978-1-78068-271-6

2016 | € 95 | $ 114 | £ 90

xiv + 234 pp. | hardback

student price: € 35 | $ 42 | £ 33

Set – Vols. 1 & 2 C. Esplugues Mota, J. L. Iglesias Buhigues and G. P. Moreno (eds.)

2014 | € 70 | $ 84 | £ 67 student price: € 35 | $ 42 | £ 33

Understanding EU Internal Market Law

The Women’s Convention Turned 30

Third edition N. Reich, A. Nordhausen-Scholes and J. Scholes

Achievements, Setbacks, and Prospects I. Westendorp (ed.)

Understanding

Maastricht Series on Human Rights

ISBN 978-1-78068-324-9

ISBN 978-90-5095-747-2

ISBN 978-1-78068-085-9

xii + 276 pp. | paperback

lii + 720 pp. | paperback

xxxii + 512 pp. | paperback

2015 | € 67 | $ 80 | £ 64

2015 | € 125 | $ 150 | £ 119

2012 | € 105 | $ 126 | £ 100

student price: € 37 | $ 44 | £ 35

student price: € 35 | $ 42 | £ 33

student price: € 45 | $ 54 | £ 43

The Interaction between the European and the National Courts P. Popelier, C. Van de Heyning and P. Van Nuffel

International Human Rights Protection

Industrial Relations Law in the UK

Humanitarian and Security Law

Balanced, Critical, Realistic M. Bossuyt

P. Lorber and T. Novitz

ISBN 978-1-78068-010-1

ISBN 978-1-78068-400-0

xii + 172 pp. | paperback

A Compendium of International and European Instruments J. Wouters and P. De Man (eds.)

xiv + 380 pp. | hardback

xx + 232 pp. | hardback

2012 | € 45 | $ 54 | £ 43

ISBN 978-1-78068-051-4

2011 | € 89 | $ 107 | £ 85

2016 | € 75 | $ 90 | £ 71

student price: € 33 | $ 40 | £ 31

xiv + 998 pp. | paperback

student price: € 45 | $ 54 | £ 43

student price: € 35 | $ 42 | £ 33

ISBN 978-1-78068-249-5 lii + 1,312 pp. | hardback 2014 | € 246.50 | $ 296 | £ 234

Human Rights Protection in the European Legal Order

ISBN 978-90-5095-959-9

Nordic Cohabitation Law J. Asland, M. Brattström, G. Lind, I. Lund-Andersen, A. Singer and T. Sverdrup European Family Law, volume 37

2012 | € 145 | $ 174 | £ 138 student price: € 38 | $ 46 | £ 36

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Law / General

Legal and policy challenges after Brexit

This book offers students, practitioners and scholars an authoritative, informative and thought-provoking series of analyses of some of the key challenges facing the UK legal system in and through the process of ‘de-Europeanisation’ – that is, in and through ‘Brexit’.

ingredients for creating UK trade policy and bilateral investment policy, and international security (the UN, NATO and more).

The UK After Brexit Legal and Policy Challenges M. Dougan (ed.)

The UK after Brexit is the result of a cooperation between a group of leading academics from top institutions in the UK and beyond. It offers students, practitioners and scholars an authoritative, informative and thought-provoking series of analyses of some of the key challenges facing the UK legal system in and through the process of ‘deEuropeanisation’ – that is, in and through ‘Brexit’. It provides discursive exploration of key issues

and themes for reflection and debate within multiple areas of law, broadly divided into three main areas of interest: – constitutional concerns such as the relationship between Parliament and the Executive, the relevance of devolution, and the impact on the courts; – substantive topics including employment law, environmental law, financial services, intellectual property, and criminal cooperation; – issues regarding the UK’s external relations, for example its relations with the EU, membership of the World Trade Organisation,

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The structure of this work is specifically designed to offer the clearest presentation of these analyses and constitute a critical, comprehensive resource on the effects of de-Europeanisation on the UK legal system. These analyses will remain relevant over time – not only as the withdrawal process unfolds, but well into the future as the UK reorientates its legal system to new internal and external realities. With contributions by Professor C. Barnard (University of Cambridge), Dr A. Cavoski (University of Birmingham), Professor P. Craig (University of Oxford), Professor

M. Cremona (European University Institute), Professor M. Dougan (University of Liverpool), Dr M. Gordon (University of Liverpool), Professor C. Henderson (University of Sussex), Dr V. Heyvaert (London School of Economics), Dr T. Horsley (University of Liverpool), Professor J. Hunt (Cardiﬀ University), Professor N. Moloney (London School of Economics), Dr L. McDonagh (City University of London), Dr G. Messenger (University of Liverpool), Dr M. Mimler (Bournemouth University), Professor V. Mitsilegas (Queen Mary University of London), Dr S. Reynolds (University of Liverpool) and Dr M. Sattorova (University of Liverpool).

ISBN 978-1-78068-471-0 xii + 328 pp. | paperback 2017 | € 31 | $ 37 | £ 29

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Law / General

Administrative Law

Company Law

Arthur Hartkamp

The Principles of European Cooperative Law (PECOL) focus on the “ideal” legal identity of cooperatives. Drafted by a team of legal scholars, the PECOL aim to describe the common core of European cooperative law. They are based on both existing cooperative law in Europe and the EU regulation on the societas cooperativa europaea. The Principles are accompanied by commentaries which illustrate the rationale and legislative background of each principle, and link them to the key features of co-operative identity. The PECOL are articulated into five chapters corresponding to the main aspects around which a cooperative’s identity may be structured, namely the purpose pursued, internal governance, financial structure, external control and cooperation among cooperatives. The second part of the book presents the national reports upon which the PECOL were based. The reports offer a detailed overview of the cooperative law of seven European jurisdictions (Finland, France, Germany, Italy, Portugal, Spain and the UK), and thus provide a unique opportunity for law-makers, practitioners and researchers to compare, circulate and apply best practices of cooperative legislation.

– Phillip Taylor MBE of The Barrister

Introduction to South Paciﬁc Law th edition J. Corrin and D. Paterson

The only book of its kind, Introduction to South Paciﬁc Law provides an overview of law in the South Pacific. It sets out the framework of South Pacific legal systems and describes the substantive law on a broad range of topics. Examining both state laws and customary law, the book highlights common patterns and explains some of the principal differences between the laws and legal systems of the countries of the region. The introductory chapter looks at the development of South Pacific law and at South Pacific jurisprudence. Individual chapters are devoted to state laws, customary law, constitutional law, administrative law, criminal law, family law, contract law, torts law, land law, and court systems. The book makes extensive reference to legislative provisions and case

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law of individual jurisdictions. Including a discussion of recent changes in the law, this new edition is a useful and up-to-date resource for all those interested in the law of the region. ISBN 978-1-78068-412-3 c + 440 pp. | paperback 2017 | € 79 | $ 95 | £ 75

Courts and Civil Procedure in the South Paciﬁc nd edition J. Corrin and D.N. Bamford ISBN 978-1-78068-280-8 lxxxii + 398 pp. | paperback 2016 | € 69 | $ 83 | £ 66 See p.  for more information

Weaving Intellectual Property Policy in Small Island Developing States

Quality and Speed in Administrative Decision-making: Tension or Balance? C. Backes, M. Eliantonio and S. Jansen (eds.)

In various European countries, lawmakers have adopted legislation in order to deal with the consequences of the economic crisis. These laws contain provisions aimed at speeding up administrative decision making and judicial proceedings which have an impact on various provisions of general administrative law. This book presents six national approaches, comparing and contrasting them with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions.

M. Forsyth and S. Farran ISBN 978-1-78068-225-9

Principles, Commentaries and National Reports Gemma Fajardo-García, Antonio Fici, Hagen Henrÿ, David Hiez, Deolinda A. Meira, Hans-H. Münkner and Ian Snaith

Principles of European Cooperative Law

Anyone interested in South Pacific law should regard this book as an essential purchase.

Principles of European Cooperative Law

Principles of European Cooperative Law Principles, Commentaries and National Reports G. Fajardo-García, A. Fici, H. Henry, D. Hiez, D. A. Meira, H.-H. Muenker and I. Snaith

The Principles of European Cooperative Law (PECOL) focus on the ‘ideal’ legal identity of cooperatives. The PECOL are articulated into five chapters corresponding to the main aspects around which a cooperative’s identity may be structured, namely the purpose pursued, internal governance, financial structure, external control and cooperation among cooperatives. The second part of the book presents the national reports upon which the PECOL were based. The reports offer a detailed overview of the cooperative law of Finland, France, Germany, Italy, Portugal, Spain, and the UK.

xiv + 280 pp. | paperback

Ius Commune Europaeum, volume 155

2015 | € 62 | $ 74 | £ 59

ISBN 978-1-78068-445-1

ISBN 978-1-78068-427-7

See p.  for more information

xviii + 184 pp. | paperback

700 pp. | paperback

2016 | € 54 | $ 65 | £ 51

2017 | € 150 | $ 180 | £ 143

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Law / Children’s Rights

This book should be compulsory reading for anyone involved in the creation of, of lobbying for, or research into, adoption law.’

A leading motive of this study carried out with precision and persuasion is the design of transitional justice processes in law and practice.

– Ruth Cabeza in International Family Law  ()

– Prof. Theo van Boven

Children’s Rights in Intercountry Adoption A European Perspective C. Fenton-Glynn

European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. In 2010, 50 per cent of all children involved in intercountry adoption worldwide were sent to countries within Europe. The question that this book aims to answer is very simple: how can we best protect the rights of these children? Using the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as the foundation for analysis, this book provides an

examination of the application of children’s rights in the field of intercountry adoption. It uses European jurisdictions as examples of both good and bad practice in order to illustrate the issues that arise in the practical implementation of these principles. In doing so, the book proposes normative guidelines within which intercountry adoption can be effected in a manner that protects the rights of children in Europe. The book argues that children involved in intercountry adoption should be afforded the same safeguards, the same protection, as children in domestic placements, in a system that focuses on the welfare of the child. ISBN 978-1-78068-228-0 xvi + 254 pp. | paperback 2014 | € 67 | $ 80 | £ 64

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Reparations for Child Victims of Armed Conflict State of the Field and Current Challenges F. Capone

This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature

on transitional justice, in particular on the right to reparation. The overview of the relevant cases and materials provided in this book helps paving the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the CRC and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/ or overcome in pursuance of child victims’ redress.

Series on Transitional Justice, volume  ISBN 978-1-78068-438-3 xxxii + 276 pp. | hardback 2017 | € 65 | $ 78 | £ 62

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Contract Law

Constitutional and Administrative Law

Ignace Claeys is a professor of law at and president of the Center for the Law of Obligations at Ghent University, Belgium. He is also an attorney at the Brussels bar and practices contract and tort litigation as a Partner at the law firm Eubelius.

– Florence Zampini on the third edition of this book

Evelyne Terryn is a professor of commercial and consumer law at the Institute for Consumer, Competition and Market at the University of Leuven, Belgium. She is also an attorney at the Kortrijk bar and of counsel at the law firm Eubelius.

Constitutions Compared An Introduction to Comparative Constitutional Law th edition A.W. Heringa

The new edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fourth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. Thus, this book most notably takes account of the new election system in Germany; the operation of the constitutional review procedure in France; the Scottish referendum and its aftermath in the UK; the new procedure for the

formation of a government in the Netherlands; the discussion about the accession of the EU to the European Convention on Human Rights; and notably the effects on domestic constitutional law in the EU member states by EU membership, the EMU, the political dialogue between national parliaments and the Commission, the banking union and many other relevant developments. The EU has therefore more extensively been woven into this book, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law. This successful book is a helpful guide for students who are for the first time exploring comparative constitutional law, and a solid foundation for more advanced graduatelevel courses. ISBN 978-1-78068-399-7 xvi + 474 pp. | paperback 2016 | € 80 | $ 96 | £ 76

DIGITAL CONTENT & DISTANCE SALES

This book will be useful to academics and practitioners working in contract law, particularly European contract law.

IGNACE CLAEYS EVELYNE TERRYN (EDS.)

Digital Content & Distance Sales analyses three legal instruments proposed by the European Commission in the context of its Digital Single Market Strategy, which has recently become one of its priorities. The proposed instruments are: (1) a directive for the supply of digital content; (2) a directive for the online and other distance sales of goods; and (3) a regulation on cross-border portability of online content services in the internal market. This book takes a combined approach of setting out the broader legislative and political context of the proposed legal instruments, giving the reader a general overview of the background and subsequent impact of the proposals, and indepth analyses of specific aspects, advantages and challenges. Through this approach, the authors offer valuable insight into key areas of legal development.

A book that all first year law students should read (and others too)

DIGITAL CONTENT & DISTANCE SALES New Developments at EU Level

IGNACE CLAEYS EVELYNE TERRYN (EDS.)

An indepth analyses of specific aspects, advantages and challenges

Digital Content & Distance Sales New Developments at EU Level I. Claeys and E. Terryn

the proposals, and indepth analyses of specific aspects, advantages and challenges. Through this approach, the authors offer valuable insight into key areas of legal development. This book will be useful to academics and practitioners working in contract law, particularly European contract law. ISBN 978-1-78068-415-4 xiv + 362 pp. | paperback 2017 | approx. € 85 | $ 102 | £ 81

This book takes a combined approach of setting out the broader legislative and political context of the proposed legal instruments, giving the reader a general overview of the background and subsequent impact of

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Contract Law Eucolath series New title in the EUCOLATH series

The first comprehensive analysis of the extent to which the Charter will influence the development of contract and commercial law at a European level.

European Contract Law and the Charter of Fundamental Rights H. Collins (ed.)

This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of Justice has already used the Charter to steer the law governing consumer transactions, financial contracts, contracts of employment,

self-employment, tenancies, and other contractual arrangements. They then proceed to assess the likely future impact of the Charter on EU contract law, using a variety of legal, historical, and theoretical perspectives. These original assessments by distinguished scholars range from claims that the Charter will only have a mild indirect influence to arguments that the Charter provides the necessary legal foundations for EU contract law and for a market society within a multi-level

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system of governance. Questions are raised about the scope of application of the Charter; its indirect but significant effect on national legal systems, especially in improving the effectiveness of EU law; and whether the rights and principles of the Charter may sometimes have direct effect on contracts by leading a court to disapply national law. European Contract Law and Theory, volume  ISBN 978-1-78068-433-8 xiv + 290 pp. | paperback 2017 | € 73 | $ 88 | £ 69

The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law including its economic, sociological and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the book series European Contract Law and Theory (EUCOLATH) combines dogmatic thinking in comparative and EU law with strong social theory considerations and makes the results of the discussions of leading scholars and practitioners publicly available.

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Contract Law

Convenient access to English contract law

From the author of Inner Temple Book Prize runner-up, Andrews on Civil Processes

The general part of the English contract system, for the first time presented in an accessible and structured form.

Contract Rules Decoding English Law N. Andrews

This book encapsulates the general part of the English contract system. For the first time this complex body of law is presented in an accessible and structured form. Marshalling the legal sources, it arranges the law into 22 parts comprising 200 Articles. Comments and Literature sections for each Article supply references to the leading cases and statutory sources, and

to the leading specialist literature. Article by Article, the judge, lawyer, researcher, foreign advisor, arbitrator, commentator or student can instantly and reliably locate the relevant rule and supporting primary and secondary sources and materials. Such convenient access to English contract law will be attractive throughout the global commercial world.

The French Contract Law Reform: a Source of Inspiration?

Letter of Intent in International Contracting E. Pannebakker

S. Stijns and S. Jansen (eds.) The French projet d’ordonnance, which reformed contract law, the general regime of obligations and the proof of obligations appeared in February 2015. One year later, the final version of the ordonnance was published. The ordonnance thoroughly reforms French contract law and the law of obligations and has entered into force in October 2016. This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: ‘The French Contract Law Reform: a Source of Inspiration?’ Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

This book provides readers with a unique point of reference on the legal effects of letter of intent – the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in letter of intent and comments on them based on a thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and United States.

ISBN 978-1-78068-365-2 xlvi + 406 pp. | hardback

Ius Commune Europaeum, volume 153

Ius Commune Europaeum, volume 15

2016 | € 98 | $ 118 | £ 93

ISBN 978-1-78068-419-2

ISBN 978-1-78068-449-9

x + 231 pp. | paperback

xx + 428 pp. | paperback

2016 | € 72 | $ 86 | £ 68

2016 | € 120 | $ 144 | £ 114

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Intersentia Catalogue 2017 drukklaar2.indd 12

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Contract Law

A must-read in European contract law

Written for both scholars and practitioners, this edited collection provides clear answers to the challenges posed by the digital revolution.

The Borderlines of Tort Law: Interactions with Contract Law M. Martin-Casals (ed.) Principles of European Tort Law ISBN 978-1-78068-248-8 approx. 500 pp. | paperback 2017 | € 85 | $ 102 | £ 81

European Contract Law and the Digital Single Market The Implications of the Digital Revolution A. De Franceschi (ed.)

The EU is committed to making the Single Market fit for the digital age, by enhancing the protection of consumers and data subjects, while providing businesses with the legal certainty they need to invest and support growth and innovation. In this context, European Contract Law and the Digital Single Market, an edited collection consisting of carefully

selected contributions by leading scholars, addresses the impact of digital technology on European Private Law in light of the latest legislative developments. The book analyses new and urgent issues in the field of contract, data protection, copyright and private international law: namely the EU approach to personal information as a tradeable commodity and as the object of a fundamental right of the individuals concerned, the protection of consumers’ and users’ rights in contracts for the supply of digital content and on

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Intersentia Catalogue 2017 drukklaar2.indd 13

online and other distance sales of goods, the cross-border portability of online content services, the new features of standard contracts in the digital market and the issues surrounding the emergence of the so called platform economy.

See page  for more information

ISBN 978-1-78068-422-2 xiv + 266 pp. | paperback 2016 | € 69 | $ 83 | £ 66

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Consumer Law

Examining new legislation

An innovative and systematic analysis of the new rules on consumer sales contracts in several EU Member States.

Consumer Sales in Europe After the Implementation of the Consumer Rights Directive G. De Cristofaro and A. De Franceschi (eds.)

This book offers an innovative and systematic analysis of the new rules on consumer sales contracts in several EU Member States after the implementation of Directive 2011/83/EU on consumer rights. The national reports, all written by highly respected authors, focus in particular on the scope of application of the implementing provisions of the Consumer

Rights Directive and their interplay with the already existing rules on consumer contracts, as well as on the relationship between the national ‘special’ rules concerning consumer sales and the general domestic rules on sales contracts. Furthermore, each contribution looks ahead by weighing the future development of European contract law and its possible interaction with national regulation of consumer sales. The book addresses not only academics but also practitioners and members of European institutions who are dealing with the task of shaping new

European consumer and contract law. With national reports by Giovanni De Cristofaro (Introduction and Italy), Christiane Wendehorst and Oliver Paschel (Austria), Evelyne Terryn (Belgium), Carole Aubert de Vincelles (France), Martin SchmidtKessel (Germany), Marco Loos (the Netherlands), Fryderyk Zoll (Poland), Jorge Morais Carvalho (Portugal), Mauricio Troncoso (Spain), and Christian Twigg-Flesner (United Kingdom)

Convergence in European Consumer Sales Law A Comparative and Numerical Approach C. Goanta

This book contains an empirical study of the converging effects of the harmonisation policies used by the European lawmaker in consumer sales law. It aims to fill a gap in existing literature, by looking at what European consumer sales law harmonisation has achieved and by developing a methodology to measure the convergence it has led to. The work encompasses both a substantive comparison as well as a numerical approach. While in the former, five directives and their subsequent transposition in the national laws of Member States are analysed, the latter focuses on the creation of the Convergence Index as a measurement tool for the effects of the harmonisation process. Ius Commune Europaeum, volume 15

ISBN 978-1-78068-371-3

ISBN 978-1-78068-431-4

xii + 206 pp. | paperback

xxii + 402 pp. | paperback

2016 | € 57 | $ 68 | £ 54

2016 | € 98 | $ 118 | £ 93

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Intersentia Catalogue 2017 drukklaar2.indd 14

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Also available online

Criminal Law A. Klip, S. Freeland and A. Low (eds.)

Annotated Leading Cases of International Criminal Tribunals The Annotated Leading Cases of International Criminal Tribunals Series provides the reader with the full text of the most important decisions, including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal

law have commented the most important decisions.

In addition to the book series you can now browse and consult the annotated decisions online. The decisions and commentaries are downloadable in pdf format. Searching for the relevant judgment or case has never been easier. You can search the database by:

The online version of Annotated Leading Cases of International Criminal Tribunals is available in two subscription types. The combined subscription to the online system and the printed series requires that you buy at least two new titles of the series.

• • • • • • •

Price including 21% VAT*

court or tribunal; case number; accused; keyword; date or period; annotation author; and even full text.

The editors of the Series, Prof. André Klip (Maastricht University, the Netherlands) and Prof. Steven Freeland (University of Western Sydney, Australia) have gathered the most important case law

of the International Criminal Tribunals. The added value is that the selected cases are not only shown in their full format but are also summarised and annotated by leading academics in the field of international criminal law. The Annotated Leading Cases of International Criminal

Tribunals Series is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR and other forms of international criminal adjudication.

Online system only: € 603.79 | $ 725 | £ 574 Online system + printed series:** € 302.50 | $ 363 | £ 287 * Subscription prices are for one standalone user only. If you wish to subscribe for multiple users or via IP recognition, please contact us by email for a price offer. ** This price is only for your subscription to the online system. You will receive a separate invoice for each book of the series (€ 185 (incl. VAT) per book -20% + postage: € 185 being the retail price on which you receive a 20% reduction as subscriber).

Volume 48 The International Criminal Tribunal for the Former Yugoslavia (2009)

Volume 49 Special Tribunal for Lebanon (2009-2013)

Volume 50 The International Criminal Court (2009-2010)

ISBN 978-1-78068-345-4

ISBN 978-1-78068-428-4

ISBN 978-1-78068-450-5

814 pp. | paperback

1004 pp. | paperback

800 pp. | paperback

2016 | € 185 | $ 222 | £ 176

2017 | € 185 | $ 222 | £ 176

Visit the website: www.annotatedleadingcases.com.

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Criminal Law

This book analyses the legal and political factors behind the Court’s focus on international crimes committed in Africa.

The International Criminal Court and Africa One Decade On E. A. Ankumah (ed.)

Selective Enforcement and International Criminal Law The International Criminal Court and Africa J. Nyawo

The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the ICC’s obituary. One of the criticisms levelled against

the ICC, and which is the motivation for, and central theme behind, this book is that it is a political tool utilised by politically powerful states in the West against their political opponents in Africa. More specifically the Court is alleged to be selectively enforcing international criminal law by merely officially opening investigations and prosecutions in Africa. Although this book recognises that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyses the legal and political factors behind the Court’s focus on international crimes committed in Africa when there are other situations to which the

court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. Supranational Criminal Law, volume  ISBN 978-1-78068-387-4 xvi + 288 pp. | paperback 2017 | € 70 | $ 84 | £ 67

Doing Peace the Rights Way Essays in International Law and Relations in Honour of Louise Arbour F. Lafontaine and F. Larocque (eds.)

While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. The authors of this volume all recognise the current problems and criticism. With cautious optimism, they use their unique specific knowledge, expertise and experiences as the basis for reflections on the current problems and possible paths for improvement, both when it comes to the ICC as such, and its specific relationship with Africa

ISBN 978-1-78068-354-6 approx. 400 pp. | paperback

ISBN 978-1-78068-417-8

2017 | approx. € 85 | $ 102 | £ 81

xxxviii + 676 pp. | paperback

See p.  for more information

2016 | € 95 | $ 114 | £ 90

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Intersentia Catalogue 2017 drukklaar2.indd 16

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Criminal Law

The Governance of Complementary Global Regimes and the Pursuit of Human Security The Interaction between the United Nations and the International Criminal Court A. Marrone

The Rationality of Dictators Towards a more eﬀective implementation of the responsibility to protect M. Weerdesteijn

This book offers an overview of the challenges in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of the regime on international law and international relations, focusing on the obstacles to and concerns of its governance in the context of the maintenance and restoration of international peace and security. The author advocates for an appropriate interaction strategy between the United Nations and the Rome Statute institutions as a matter of international mutual concern and for the sake of human security.

This book studies the role dictators play in orchestrating mass atrocities and analyses their decisionmaking process when the international community tries to stop or mitigate the perpetration of these crimes. Through a comparative case study of Pol Pot and Slobodan Milosevic it argues that the role ideology plays in the decision-making process of the dictator is an important determinant of their responsiveness. In doing so, the book challenges the common notion that all dictators are primarily motivated by retaining their position of power.

Supranational Criminal Law,

volume 1

volume 

ISBN 978-1-78068-402-4

ISBN 978-1-78068-443-7

xxviii + 438 pp. | paperback

xii + 400 pp. | paperback

2016 | € 95 | $ 114 | £ 90

2016 | € 90 | $ 108 | £ 86

Need more information? Go to www.intersentia.com.

Intersentia Catalogue 2017 drukklaar2.indd 17

This volume intends to highlight both good practice in the context of women in prison and the many challenges that lie ahead.

Women in Prison The Bangkok Rules and Beyond P. H. van Kempen and M. Krabbe (eds.)

Women are a rapidly growing minority in prisons. Prison systems, however, have always been determined by the behaviour of men. The 2010 UN Bangkok Rules form a body of rules that is specifically aimed at the needs of women in prison. Being the first international instrument on this subject, the Bangkok Rules can be considered a milestone. Thus this volume focuses on the topic of women in prison in general, and on the Bangkok Rules in particular. The volume comprises an introductory chapter, seven thematic chapters, and 23 chapters

dedicated to individual countries around the world. Themes discussed in these chapters include, among others, the (international) human rights framework applicable to women in prison, statistics and criminological factors relevant to women in prison, and the actual conditions of women in prison worldwide. An extensive collection of expert knowledge, this volume intends to highlight both good practice in the context of women in prison and the many challenges that lie ahead.

International Penal and Penitentiary Foundation, volume  ISBN 978-1-78068-421-5 xl + 918 pp. | hardback 2017 | € 125 | $ 150 | £ 119

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Criminal Law

Discrimination Law

The Concept of Equality of Arms in Criminal Proceedings under Article  of the European Convention on Human Rights

Investigating War Crimes in the Former Yugoslavia War 1992-1994

Equal is not Enough

The United Nations Commission of Experts Established Pursuant to Security Council Resolution  () M. C. Bassiouni

‘Equal is not Enough’ is the title of a series of conferences that has aimed, over the years, to generate a better understanding of what shapes and reshapes inequalities by inviting and promoting multidisciplinary insights and reflection. One of the conferences – hosted at Antwerp University in February 2015 – focused on discrimination law. Within this volume, the reader will find a selection of high-quality papers presented at this conference, organised by the Flemish Policy Research Centre on Equality Policies (a consortium of the Universities of Antwerp, Brussels, Ghent, Hasselt and Leuven). The book is aimed at researchers and practitioners of discrimination law who would like to enhance their scientific background.

O. Sidhu

This book offers a thorough theoretical insight into equality of arms, investigating its multifaceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elements – the requirement of ‘disadvantage’ – is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice.

United Nations Security Council Resolution 780 (1992), appointed a Commission of Experts to investigate war crimes and crimes against humanity amounting to violations of international humanitarian law in the territory of the former Yugoslavia. The investigation into the conflict is detailed in this book. Along with the author’s personal insights and insider anecdotes on the conflict, this book highlights the continuing need for the pursuit of accountability and international criminal justice in a world of thriving bureaucracy and realpolitik.

D. Cuypers and J. Vrielink (eds.)

Reverse Discrimination in the European Union A Recurring Balancing Act V. Verbist

The issue of ‘reverse discrimination’ is a topical subject, particularly in the field of family reunification. Reverse discrimination occurs when a European Union (EU) citizen in a ‘purely internal situation’ is treated less favourably than an EU citizen of another nationality whose situation is largely governed by EU law. Part I of this book analyses the issue of reverse discrimination from an EU perspective. Part II looks at reverse discrimination in five Member States, namely Belgium, France, Italy, Germany and Austria. Finally, Part III analyses specific instances of reverse discrimination in federally structured Member States, from the perspective of both EU law and Belgian and German law.

Discrimination Law in Theory and

Practice, volume 3

Practice, volume 

ISBN 978-1-78068-164-1

ISBN 978-1-78068-503-8

ISBN 978-1-78068-406-2

ISBN 978-1-78068-458-1

vii + 278 pp. | paperback

lx + 452 pp. | paperback

x + 154 pp. | paperback

xxii + 358 pp. | paperback

2017 | € 69 | $ 83 | £ 66

2017 | € 45 | $ 54 | £ 43

2016 | € 45 | $ 54 | £ 43

2017 | € 58 | $ 70 | £ 55

1

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Energy & Environmental Law

Rather than a theoretical focus, this book aims to have a practical, applicable focus. It provides unique perspectives that the reader can apply to their own jurisdiction.

Invaluable handbook on an emerging energy source

The Eﬀectiveness of Environmental Law S. Maljean-Dubois (ed.)

The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields. Combining empirical and theoretical approaches, the book covers classical tools as well as more innovative ones. Energy & Law Research Forum, volume 3 ISBN 978-1-78068-467-3

Handbook of Shale Gas Law and Policy Economics, Access, Law, and Regulations in Key Jurisdictions T. Hunter (ed.)

To date, petroleum law and policy in Europe has focused offshore. Over the last fifty years it has been driven by the development and regulation of vast oil and gas resources in the North Sea. However, a new source of petroleum is now emerging in Europe – that of the unconventional resource of shale gas. Since 2011, the UK has been striving to undertake the development of shale gas through the granting of a consent to drill. Concentrating solely on

shale gas, this book is structured around five themes, namely an overview and introduction to shale gas activities, shale gas economics and energy security, access to shale gas resources, shale gas law and regulation, and the future of shale gas. It examines the fundamental principles and provides the reader with a practical, applicable analysis of shale gas exploration and extraction. Looking at the legal, scientific and economic issues relating to shale gas extraction from the perspective of developed (United States and Canada), developing (Australia) and emerging jurisdictions (United

Kingdom), this book provides unique perspectives that the reader can apply to their own jurisdiction. With contributions by: Roberto F. Aguilera, David Campin, Simone Fraser, Andrew Garnett, Tina Hunter, Allan Ingelson, Andrey Konoplyanik, Steven Latta, Alastair R. Lucas, Cristelle Maurin, David M. Ong, John Paterson, Marian Radetzki, Slawomir Raszewski, Peter Styles, Emre Úsenmez, Vlado Vivoda, Michael Weir and Hannah J. Wiseman. Energy & Law, volume 1 ISBN 978-1-78068-242-6 xvi + 398 pp. | hardback 2016 | € 124 | $ 149 | £ 118

xii + 348 pp. | paperback 2017 | € 75 | $ 90 | £ 71

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Intersentia Catalogue 2017 drukklaar2.indd 19

1

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Energy & Environmental Law

European Law

Diﬀerent Paths Towards Sustainable Biofuels?

Understanding Joint Operating Agreements

Access to the European Union

A Comparative Study of the International, EU, and Chinese Regulation of the Sustainability of Biofuels T. Yue

E. G. Pereira (ed.)

The increased consumption and production of biofuels have been increasingly subject to criticism for their potential negative impacts on environmental and socioeconomic sustainability. These concerns have already led to regulatory measures, but the cross-cutting and multi-scale nature of the sustainability issue increases the complexity of regulation. In this context, this book is dedicated to a comparative analysis on the state of oaffairs of the regulatory approaches to sustainability of biofuels in the international, EU, and Chinese legal frameworks.

The Joint Operating Agreement (JOA) is widely used in the petroleum industry as a contractual framework for joint ventures across different continents and standards. The first part of this book deals with considerations prior to entering into a JOA, such as compliance with bribery laws; standards, practices and procedures across the petroleum industry; enforceability of JOAs and understanding decommissioning obligations. The second part focusses on key clauses within any JOA covering topics including health and safety considerations; liability and insurance; and control of operations and expenditures.

Ius Commune Europaeum, volume 151

Energy Transitions Regulatory and Policy Trends S.-L. Penttinen and I. Mersinia (eds.)

This book highlights the recent developments in EU energy law and underlying policy aspects that shape the regulatory approach to energy. By acknowledging the multidisciplinary nature of energy law, its close relationship with policy issues and its development as an evolving new sector-specific legal field, the book reflects the multifaceted nature of EU energy law by focusing on the most topical issues of EU energy law and policy today. It examines regulatory and institutional developments in EU energy law, the case law of the Court of Justice in the field of energy, and different policy dimensions and external aspects of EU energy law.

Law, Economics, Policies nd edition N. Moussis

Access to the European Union not only provides a comprehensive overview of European integration but also offers fresh insight with each revised edition. Thanks to its clear and systematic approach, this book guides the reader through the maze of European Union policies. It throws light upon the European institutions, their raison d’être, their objectives and their experience, and explains EU measures, legal provisions and economic programmes. The book contains over 2,000 references to the Official Journal of the European Union and more than 500 bibliographic references, selected by topic so as to help the reader deepen the study of his or her areas of interest.

Energy & Law Research Forum, volume 5

ISBN 978-1-78068-413-0

ISBN 978-1-78068-411-6

ISBN 978-1-78068-404-8

ISBN 978-1-78068-383-6

xxii + 422 pp. | paperback

xvi + 402 pp. | hardback

xiv + 260 pp. | paperback

xx + 776 pp. | paperback

2016 | € 120 | $ 144 | £ 114

2016 | € 149 | $ 179 | £ 142

2017 | € 95 | $ 114 | £ 90

2016 | € 65 | $ 91 | £ 62

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European Law

The contributions to this volume provide elements of a genuinely European legal method.

An exploration of European legal methods

The External Dimension of EU Private International Law after Opinion 1/13 P. Franzina (ed.)

The essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation. Written by leading legal scholars for academics and practitioners, the book discusses, in particular, the principles stated in the latest intervention of the Court of Justice on this topic, Opinion 1/13, regarding the Union’s competence as to the acceptance of the accession of third States to the Hague Convention of 1980 on international child abduction, as well as the implications of the Opinion for the development of the EU’s external action and legislation in this area. ISBN 978-1-78068-437-6

European Legal Methodology Karl Riesenhuber (ed.)

EU law is an autonomous legal system. It requires its own methodology, independent of the national traditions of the Member States. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of

law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. Furthermore, the temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a

transposition of directives beyond their original scope (‘gold-plating’)? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.

Ius Communitatis, volume 7 ISBN 978-1-78068-259-4 xxx + 752 pp. | hardback 2017 | € 148 | $ 178 | £ 141

xii + 226 pp. | paperback 2016 | € 59 | $ 71 | £ 56

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Intersentia Catalogue 2017 drukklaar2.indd 21

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European Law

A concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.

European Law and National Private Law Eﬀect of EU Law and European Human Rights Law on Legal Relationships between Individuals A. Hartkamp

Traditionally European law is important for public law. However, it is also increasingly important for private law, that is to say, the legal relationships between individuals. This book addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law. The nature of each source of law and its significance for and influence on the general

The European Union and National Civil Procedure

The Development of European Private Law in a Multilevel Legal Order

A. Nylund and B. Krans (eds.)

E. van Schagen

This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. The book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States.

Using insights from multilevel governance and pluralism, this book provides an indepth analysis of the development of European private law in the Dutch and German legal order. The book focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law. On the one hand, problems may arise if interdependent actors do not sufficiently interact. On the other hand, the development of European private law at different levels and jurisdictions may stimulate responsiveness, regulatory competition and mutual learning.

xl + 286 pp. | paperback

Ius Commune Europaeum, volume 15

Ius Commune Europaeum, volume 1

2016 | € 69 | $ 83 | £ 66

ISBN 978-1-78068-380-5

ISBN 978-1-78068-367-6

xii + 176 pp. | paperback

xvi + 660 pp. | paperback

2016 | € 55 | $ 66 | £ 52

2016 | € 125 | $ 150 | £ 119

part of national private law is discussed. Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex oﬃcio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law. Further, comparisons are drawn between the different sources of law. The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law.

ISBN 978-1-78068-385-0

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Intersentia Catalogue 2017 drukklaar2.indd 22

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European Law

A useful book for academics, practitioners and students interested in EU internal market law or the relationship between primary EU law and private law.

Primary EU Law and Private Law Concepts H.-W. Micklitz and C. Sieburgh (eds.)

This volume has for its theme the interplay between and influence exerted on approaches and legal concepts of private law, including property rights law, by primary EU law, particularly internal market law. The starting hypothesis is that the European Court of Justice has developed concepts in private law cases which are different in substance from the concepts which exist in the private law systems of the Member States. The project aims to present developments in present law of which EU lawyers and private lawyers generally are unaware. It envisions

to give ground-breaking analyses of private law concepts (the person, property, contract and tort and remedies) which are used, created or adjusted by the Court. Each analysis results from obtaining insights in the substantive meaning of the conceptual subjects addressed in the Court’s case law, disconnected from national meanings of such concepts. The direction of this analysis is from the cases to the concepts, not the other way around: the cases and the facts behind the cases are the starting point. The analyses try to avoid preconceptions based on national private law systems.

Participatory Democracy, Civil Society and Social Europe

The European Legal Duty of Conforming Interpretation

A Legal and Political Perspective G. Busschaert

Methods and Limits in English and German Courts M. Brenncke

Participatory democracy has become a buzzword in current discussions about how to democratize the EU. European institutions claim that it might reduce its so-called democratic deficit. Whereas participatory democracy was traditionally meant to further the maximum participation of citizens in political life, the EU supports a modern version of the participatory ideal where citizens are represented by a selfdesignated elite of civil society experts. This book takes a critical stance on that technocratic form of government. At the same time, it examines whether there are realistic ways for a bureaucratic organization like the EU to involve a truly civil society of active citizens in governance.

ISBN 978-1-78068-452-9

How far do contemporary English and German judges go when they interpret national legislation in conformity with an EU directive? This book analyses whether the outer techniques and limits of conforming interpretation deviate from, fall short of or surpass those of other national modes of statutory construction. It answers the question whether these techniques and limits go further than the Court of Justice of the European Union requires. The book shows a converging trend in English and German judicial practice and presents factors explaining this development. It also provides a new perspective on the harmonising effect of the EU legal duty of conforming interpretation.

xlviii + 276 pp. | paperback

Law and Cosmopolitan Values, volume 

2017 | € 79 | $ 95 | £ 75

ISBN 978-1-78068-395-9

ISBN 978-1-78068-269-3

xii + 238 pp. | hardback

approx. 380 pp. | paperback

2016 | € 75 | $ 90 | £ 71

2018 | € 73 | $ 88 | £ 69

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Intersentia Catalogue 2017 drukklaar2.indd 23

Forthcoming in 

2

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Family Law

European Law William A. Bull

Optional Instruments of the European Union A Definitional, Normative and Explanatory Study

Optional Instruments of the European Union

an Union legislation known as the ‘optional ntext of EU law, and one that until now has explored. This study examines and discusses ruments (OIs) in different fields of European al property law and procedural law (such as y Trade Mark and the European Small Claims act law. The study identifies the core elements e EU and distinguish them from other kinds pproximating measures. It provides a detailed e aforementioned policy areas, charting their e appropriate) usage in practice. It investigates ional instruments as an alternative means of uating the principal arguments in the debate method. Finally, it offers an explanation of s already in existence, by identifying possible d testing the significance of these factors with n doing so, the author provides a framework g phenomenon, as well as guidance for the nts of the European Union.

William A. Bull

foundations of the European legal systems. ncludes comparative legal studies as well as national legal systems. All areas of the law are ious European languages under the auspices al Legal Research at Maastricht University.

Exploring the challenges and controversies concerning the recognition of same-sex relationships throughout the EU.

149

Do we still need sex as a legal category?

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Optional Instruments of the European Union A Deﬁnitional, Normative and Explanatory Study W. Bull

This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law. The study identifies the core elements that define Optional Instruments of the EU and distinguish them from other kinds of EU legislation, especially so-called approximating measures. Ius Commune Europaeum, volume 1 ISBN 978-1-78068-410-9

Same-Sex Relationships and Beyond Gender Matters in the EU K. Boele-Woelki and A. Fuchs (eds.)

The legal status of lesbian, gay, bisexual and transgender (LGBT) people has undergone significant changes in several countries, but remains highly complex and difficult for those affected. Although samesex partners may have the right to marry or enter into a registered partnership in one Member State, this legal relationship may not be recognised when they exercise their right to freedom of movement. The same is true for certain

parent-child relationships, which may be recognised as such in one Member State but not another. This book explores the challenges and controversies concerning the recognition of same-sex relationships throughout the EU through the lens of EU legislation, the case law of the CJEU and ECtHR, and recent national developments. Following the Irish referendum and the recent ECtHR judgment in Oliari v Italy, more changes are expected in the near future. The opening part of the book describes the current state of play in all EU Member States (and beyond) when formalising

a same-sex relationship, ‘steady progress’ being the key term in describing the developments in many countries. The second part concentrates on parenthood and children’s rights, notably adoption, surrogacy, multiple parenting and the range of parenting rights for samesex couples, transsexual and transgender people. The third part on gender identity and human rights discusses the legal aftermath of the European Court of Human Rights’ judgment in Oliari and explains EU legislation against discrimination on grounds of sexual orientation. The book ends with a lively debate on the right to change one’s legal sex and raises the fundamental question whether we still need sex as a legal category. European Family Law, volume  ISBN 978-1-78068-447-5 xii + 250 pp. | paperback 2017 | € 59 | $ 71 | £ 56

xiv + 284 pp. | paperback 2016 | € 78 | $ 94 | £ 74

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Intersentia Catalogue 2017 drukklaar2.indd 24

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Family Law

Forthcoming in 

Modern Family Finances Legal Perspectives J. Palmer, N. Peart, M. Briggs and M. Henaghan (eds.)

International Divorce and Financial Claims M. Harper, A. Dutta and J. M. Scherpe (eds.)

In the increasingly international world of family law, this book addresses what happens when multiple jurisdictions come into play in a case, and how that conflict is resolved. Much like a Venn diagram, it illustrates, whilst wearing family law-tinted glasses, essential common law and civil law principles, when and how they collide and the often highly complex consequences. With country-specific analysis for nine of the main European jurisdictions, the book presents and contrasts the relevant approaches to marital agreements, divorce, matrimonial property and maintenance. It is a must read for any lawyer with a cross-border practice. ISBN 978-1-78068-420-8

This insightful work by internationally recognised relationship property experts from New Zealand, Australia, England, and Germany addresses key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. The book adopts a conceptual approach to relationship property division. In 18 chapters, it closely examines complex issues raised by the division of property in domestic relationships. Questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what

extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down. The authors use New Zealand’s current legislative framework as a basis for critical analysis and reflection. Despite New Zealand’s Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is growing concern in New

Zealand that its property sharing regime no longer meets society’s needs and expectations. Issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems. The inclusion of experts from England, Australia and Germany ensures the utility of the book for international audiences.

ISBN 978-1-78068-464-2 approx. 450 pp. | hardback 2017 | € 83 | $ 100 | £ 79

This insightful work by internationally recognised relationship property experts, Modern Family Finances adopts a conceptual approach to relationship property division.

approx. 430 pp. | hardback 2018 | € 128 | $ 154 | £ 122

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Intersentia Catalogue 2017 drukklaar2.indd 25

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Family Law

There are many cases where the male-female gender binary is unable to capture the reality of a person’s gender identity.

A multidisciplinary approach

The Future of Registered Partnerships J.M. Scherpe and A. Hayward (eds.)

The Legal Status of Intersex Persons J. M. Scherpe, A. Dutta and T. Helms (eds.)

Until very recently, the legal gender of a person – both at birth and later in life – in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person’s gender identity. In 2013 Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person’s gender to be recorded as ‘inde-

terminate’ at birth and thus give them a legal gender status other than male or female. However, despite good intentions this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. This book provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological and theological perspectives as well as national legal perspectives from Germany, Australia, India, the Netherlands, Columbia, Sweden,

France and the USA. It explores international human rights aspects of intersex legal recognition and features chapters on private international law and legal history.

In many jurisdictions registered partnerships were introduced either as a functional equivalent to marriage for same-sex couples or as an alternative to marriage open to all couples. In this book, leading family law experts from 15 countries present and explain the history and function of registered partnerships in their own family law systems as well as the role registered partnerships play under the ECHR and under EU law. In the concluding chapters the different approaches are analysed and compared. The book provides the basis for an informed discussion on the way forward for jurisdictions reviewing the recognition of adult relationships in general and registered partnership regimes in particular.

ISBN 978-1-78068-475-8 approx. 300 pp. | paperback

European Family Law, volume 

2017 | € 69 | $ 83 | £ 66

ISBN 978-1-78068-429-1 approx. 550 pp. | paperback 2017 | € 98 | $ 118 | £ 93

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Family Law

The book examines questions that are thus far under-researched.

The go-to work on the subject

The Legal Status of Transsexual and Transgender Persons J. M. Scherpe (ed.)

The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, and for European countries there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application no. 28957/95). The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. Many jurisdictions have

legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality and marital status, as well as the medical and psychological requirements. The latter in some jurisdictions still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/ gender identity and their physical integrity. The book also examines questions that are thus far under-researched, namely what the full legal conse-

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Intersentia Catalogue 2017 drukklaar2.indd 27

quences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage. This book is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions but also two chapters that look at legal sex/gender changes from a Christian perspective and one chapter from a medical-psychological perspective. The final comparative chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.

Inner Temple New Author’s Prize 2015 Winner of the Cambridge Law Faculty’s Yorke Prize 2015

Childrens’ rights in intercountry adoption C. Fenton-Glynn European Family Law, volume 3 ISBN 978-1-78068-228-0 xvi + 254 pp. | paperback 2014 | € 67 | $ 80 | £ 64

Forthcoming in  Domestic Abuse and Human Rights S. Choudhry and J. Herring ISBN 978-1-78068-231-0 approx. 230 pp. | paperback 2018 | € 59 | $ 71 | £ 56

ISBN 978-1-78068-196-2 xiv + 664 pp. | paperback 2015 | € 89 | $ 107 | £ 85

See page  &  for more information

15/08/17 14:57

Humanitarian Law & Armed Conﬂict

A book of impressive scope and depth, ranging deftly across the spectrum of armed conflict and the law that governs it. – Prof. Michael N. Schmitt

An important, rigorous volume, comprehensively covering some of the most relevant issues of contemporary armed conflicts. – Marko Milanovic, University of Nottingham

Armed Conflicts and the Law J. Wouters, P. De Man and N. Verlinden (eds.)

This book offers a comprehensive yet concise take on the legal regulation of the various phases in armed conflicts, from prevention to reconstruction, and covering everything in between, in particular the vast body of rules laid down in current international humanitarian law. The manual combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during and after warfare. Through a series of fourteen thematic chapters that logically follow from one to another, scholars

2

and practitioners tackle core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. In combination with the broad scope and accessible nature of the collection, the experience and ambition on display in this volume makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats and humanitarian and human rights workers around the globe. It is complemented by, and a helpful companion to

Humanitarian and Security Law: A Compendium of International and European Instruments by J. Wouters and P. De Man.

Reparations for Child Victims of Armed Conflict State of the Field and Current Challenges F. Capone Series on Transitional Justice, volume  ISBN 978-1-78068-438-3 xxxii + 276 pp. | hardback 2017 | € 65 | $ 78 | £ 62

With contributions by L. Reydams, T. Ruys, S. Verhoeven, F. Naert, J.-M. Henckaerts, B. Demeyere, W. Boothby, H. Sagon and H. Cuyckens.

See page  &  for more information

“‘This volume will provide both critical analysis of current issues and controversies as well as serving as a potentially useful reference (…). I am happy to recommend it.’” – Prof. Terry Gill, University of Amsterdam International Law, volume 17 ISBN 978-1-78068-315-7 lxxii + 572 pp. | hardback 2016 | € 95 | $ 114 | £ 90

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Insolvency Law

Clearly the product of massive and admirable research … It is a major step forward in learning on the subject.

This book assesses the conception of security rights according to the different European legal traditions and evaluates the appropriateness of the protection given to security rights.

– From the Foreword by Gabriel Moss QC

Principles of CrossBorder Insolvency Law R. Bork

The thesis of this book is that cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication,

subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor’s assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)). Using the principleoriented approach, the book will have a significant impact for both deciding cases and shaping crossborder insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions.

ISBN 978-1-78068-430-7 xxxiv + 290 pp. | paperback 2017 | € 94 | $ 113 | £ 89

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Intersentia Catalogue 2017 drukklaar2.indd 29

Security Rights and the European Insolvency Regulation G. McCormack and R. Bork (eds.)

Security rights are of fundamental importance to the granting of credit. They are generally considered to increase the availability and lower the cost of credit but there appear to be divergent views across Europe and elsewhere on the extent to which it should be possible to create security rights over assets. Moreover, laws in many countries – avoidance laws – strike at advantage gaining by creditors in the period immediately before formal insolvency proceedings are instituted. It is seen as potentially unfair to other creditors who may be forced into

taking enforcement proceedings against the debtor and this may precipitate the premature liquidation of the debtor with an overall loss of economic value. This book assesses the conception of security rights according to the different European legal traditions and evaluates the appropriateness of the protection given to security rights. With contributions from R. Bork (Hamburg), M. Carballo (Santiago de Compostela), L. Carballo Piñeiro (Santiago de Compostela), R. Mangano (Palermo), G. McCormack (Leeds), and T. Tajti (Budapest). ISBN 978-1-78068-317-1 xlvi + 700 pp. | hardback 2017 | € 124 | $ 149 | £ 118

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International Law

Labour Law

Essential reading to all those interested in the enforcement of common interests at the international level

Common Interests in International Litigation A Case Study on National Resource Exploitation Disputes C. Buggenhoudt

How are common interests protected in international dispute settlement? What is the role of different courts and tribunals? Why is the case law on common interests (in)consistent? Do we need more consistency for a better protection of common interests? This book provides answers to questions that arise in international litigation as a result of an increasing recognition of common interests in this field and an ever-expanding network of specialised judicial bodies. Common Interests in International Litigation studies the case law of a number of international

courts, focusing on international litigation concerning natural resource exploitation. This is a theme closely linked to a number of common interests, one which has been considered by a number of courts dealing with human rights, international security, international trade, international investment, the law of the sea, and more. This study aims to bring together the case law of these diverse judicial bodies to develop a common approach to common interests in international litigation, traversing traditional boundaries between legal regimes. Law and Cosmopolitan Values, volume 1 ISBN 978-1-78068-446-8

The Governance of Complementary Global Regimes and the Pursuit of Human Security

Introduction to Belgian Labour Law

The Interaction between the United Nations and the International Criminal Court A. Marrone

This book gives an overall picture of the principles of Belgian labour law, i.e. employment law as well as industrial relations law. It is intended for all those who want to become acquainted with Belgian labour law including foreign law firms, entrepreneurs who want to invest in Belgium, etc. For this reason the book focuses on topics that are of practical relevance. The authors not only describe and analyse the legal aspects of labour relations, but also indicate developing trends in Belgium. The book provides an up-to-date survey of the legislation that is both sufficiently detailed and usefully brief to answer most questions likely to arise in a legal setting.

Supranational Criminal Law, volume 1 ISBN 978-1-78068-402-4 xxviii + 438 pp. | paperback 2016 | € 95 | $ 114 | £ 90

See page  for more information

P. Humblet and M. Rigaux

xx + 204 pp. | hardback 2017 | € 65 | $ 78 | £ 62

ISBN 978-1-78068-409-3 294 pp. | paperback 2016 | € 75 | $ 90 | £ 71

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Labour Law & Social Security Law

Law & Economics

Written by experts in their field and with an interdisciplinary perspective, Building Trust in Taxation analyses a topical issue which is integral to the development of society.

Where do mobile persons belong?

Residence, Employment and Social Rights of Mobile Persons On How EU Law Deﬁnes Where They Belong H. Verschueren (ed.)

Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with States, which can be the basis for legal claims against these States. This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State. When it comes to claiming rights from States, traditionally

‘nationality’ is the answer to the question where a person belongs. However, in the context of European integration and the development of an EU legal framework of internal market rules, citizenship rights and immigration rules, different answers to these questions have been developed. The analyses of scholars from different legal disciplines in the fourteen chapters of this book show that EU law gives a multitude of answers to the question which link is necessary and sufficient to create an individual’s right vis-à-vis a State.

Social Europe Series, volume 3 ISBN 978-1-78068-407-9 xviii + 316 pp. | paperback 2016 | € 80 | $ 96 | £ 76

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Intersentia Catalogue 2017 drukklaar2.indd 31

Building Trust in Taxation B. Peeters, H. Gribnau and J. Badisco (eds.)

The contemporary tax landscape is experiencing a legitimacy crisis caused by macro-economic disturbances in the past decade, as well as numerous revelations in the media such as Swissleaks, Luxleaks and the Panama Papers. This crisis has resulted in people losing trust in their government and in corporations, thereby becoming more reluctant to give their share of money for redistribution. Why are states or collective institutions not able to generate the sufficient level of trust that would enable them to collect enough revenue? Who or what is responsible for the

decline in trust? What are the key factors contributing to the decline in trust? Why do the levels of trust differ between states? Is this strictly a fiscal issue, meaning that we should search for the root of the issue only in the properties of tax systems and the differences between tax systems? Or are there institutional structures and political ideologies which differ from state to state that might be able to explain this difference? Written by experts in their field and with an interdisciplinary perspective, Building Trust in Taxation analyses a topical issue which is integral to the development of society.

ISBN 978-1-78068-426-0 xvi + 376 pp. | hardback 2017 | € 175 | $ 210 | £ 166

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Law & Economics

Migration Law

Privacy Law

Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just and temperate way. This applies to citizens, to companies such as Apple, Google and Facebook and to governmental organizations that are involved with large scale data processing alike.

Bart van der Sloot

Privacy as Virtue

The author develops a three-layered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. Virtuous agents have to respect the procedural pre-conditions for the exercise of power. The second layer echoes the current paradigm, the respect for individual rights and interests. While the third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality and individual freedom are promoted.

Bart van der Sloot

Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques such as Big Data and mass surveillance. A rightsbased approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests.

Privacy as Virtue Moving Beyond the Individual in the Age of Big Data

SHR 81 - Privacy as Virtue [druk].indd 1

Regulation of Cross-Border Establishment in China and the EU

Residence, Employment and Social Rights of Mobile Persons

Trans-Atlantic Data Privacy Relations as a Challenge for Democracy

A Comparative Law and Economics Approach G. Shen

On How EU Law Deﬁnes Where They Belong H. Verschueren (ed.)

D. Svantesson and D. Kloza (eds.)

This book examines the regulation of the interprovincial establishment of companies in China and the EU regulation of the cross-border establishment of companies from the perspective of comparative law and economics. The book offers a thorough analysis of the regulation of business establishment in China and, more generally, the law and economics literature on business licensing. Therefore, it is of interest for law and economics scholarship, companies doing business in China and policy makers responsible for regulating business establishment.

Social Europe Series, volume 3 ISBN 978-1-78068-407-9 xviii + 316 pp. | paperback 2016 | € 80 | $ 96 | £ 76

See page  for more information

31/05/17 11:44

Privacy as virtue Moving Beyond the Individual in the Age of Big Data B. van der Sloot

There is a thin red line between two legitimate yet seemingly competing interests: national security and privacy. This book examines the protection of data privacy in relations between Europe and Americas as a challenge for democracy, the rule of law and fundamental rights. The authors highlight a selection of particularly ‘hot’ questions within the topic of trans-Atlantic data privacy relations as they look at the end of 2016. In the final chapter, they draw out and highlight the themes they see emerging within the body of this work. At the end, they also attempt to suggest a few lessons de lege ferenda.

This book discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques. The author develops a threelayered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. The second layer echoes the current paradigm, the respect for individual rights and interests. The third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality and individual freedom are promoted.

European Integration and Democracy

School of Human Rights Research

Ius commune Europaeum, volume 15

Series, volume 

Series, volume 1

ISBN 978-1-78068-414-7

ISBN 978-1-78068-434-5

ISBN 978-1-78068-505-2

xviii + 302 pp. | paperback

xl + 568 pp. | paperback

vi + 230 pp. | paperback

2016 | € 90 | $ 108 | £ 86

2017 | € 120 | $ 144 | £ 114

2017 | € 65 | $ 78 | £ 62

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Private Law

This book compiles and puts into perspective portraits of 36 professors of private law from Germany, Austria and Switzerland.

Private Law Development in Context German Law and Scholarship in the th Century S. Grundmann and K. Riesenhuber (eds.)

While common law is developed by the courts and judges may well be the prime authorities for the development of law, and while French private law is said to be the origin of the idea of modern codification and grand legislatures, German private law can well be seen as the law where the influence of academia is paramount. It is perhaps fair to say that no other code is as strongly influenced by scholars as the German Civil Code of 1900. Furthermore, courts and scholars in Germany are in constant dialogue about the application and interpretation of German

The External Dimension of EU Private International Law after Opinion 1/13 and EU law. This is one of the reasons why German academia plays such a prominent role in the European private law discourse. Shedding more light on scholars who were highly influential in the development of German private law in the 20th century, this book compiles and puts into perspective portraits of 36 professors of private law from Germany, Austria and Switzerland. The individual portraits of the life and work of each professor are written by one of their former ‘Schüler’. Taken together, they show the thread of the intellectual history of legal thinking in 20th century German private law. ISBN 978-1-78068-392-8

P. Franzina (ed.)

Lessons for the European Union C. Vanleenhove

The interest of the EU in international efforts towards the harmonisation of private international law has steadily increased over the years. The essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications. Written by leading legal scholars for academics and practitioners, the book discusses, in particular, the principles stated in the latest intervention of the Court of Justice on this topic, Opinion 1/13.

This book examines the private international law treatment of American punitive damages in the European Union. It poses the crucial question whether U.S. punitive damages (should) penetrate the borders of the European Union through the backdoor of private international law. More specifically, three areas of private international law are analysed: service of process, applicable law and enforcement of judgments. In addition to describing the current positions in case law and scholarship, the book takes a normative perspective and attempts to formulate concrete guiding principles that can be used when the European legal order faces U.S. punitive damages.

ISBN 978-1-78068-437-6

ISBN 978-1-78068-416-1

xii + 226 pp. | paperback

xiv + 260 pp. | paperback

2016 | € 59 | $ 71 | £ 56

2016 | € 60 | $ 72 | £ 57

approx. 800 pp. | hardback 2017 | € 145 | $ 174 | £ 138

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Intersentia Catalogue 2017 drukklaar2.indd 33

Punitive Damages in Private International Law

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Private Law

Procedural Law & Civil Litigation

Property Law

European Law and National Private Law Eﬀect of EU Law and European Human Rights Law on Legal Relationships between Individuals A. Hartkamp

- Runner-up for the Inner Temple Book Prize -

Andrews on Civil Processes N. Andrews

ISBN 978-1-78068-385-0 xl + 286 pp. | paperback 2016 | € 69 | $ 83 | £ 66

Primary EU Law and Private Law Concepts H.-W. Micklitz and C. Sieburgh (eds.) ISBN 978-1-78068-452-9 xlviii + 276 pp. | paperback 2017 | € 79 | $ 95 | £ 75

See page - for more information

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In two volumes Neil Andrews (University of Cambridge) examines civil processes in England and Wales. One of the leading legal jurisdictions in this area of law as many nonresident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court. Written in a clear and well-ordered style, Andrews on Civil Processes therefore discusses the most important styles of civil dispute resolution: court proceedings (volume 1), mediation and arbitration (volume 2). The author guides the reader through the practice of dispute resolution in all its major forms: public and private, adjudicative and conciliatory. The subject-matter has been

split into two volumes to provide specialists with a choice, but the two volumes are complementary. They provide a complete picture of the court and arbitration systems, and of the developing technique of mediation. Advisors seeking further leads are assisted by detailed citation of primary sources and rich bibliographical references. Volume I Court Proceedings ISBN 978-1-78068-083-5 lxii + 848 pp. | hardback 2013 | € 175 | $ 210 | £ 166

Volume II Arbitration & Mediation ISBN 978-1-78068-125-2 xxiv + 430 pp. | hardback 2013 | € 125 | $ 150 | £ 119

Order both volumes as a set and receive a % discount: €  | $  | £ 

Legal Certainty in Real Estate Transactions A Comparison of England and France B. du Marais and D. Marrani (eds.)

This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study. This study not only identifies the economic impact of the law in both jurisdictions. It also looks at the practitioners’ functions in dealing with commercial real estate transactions. In other words, it analyses the topical position of practitioners such as the French notaires and the role of solicitors in England. Ius Commune Europaeum, volume 17 ISBN 978-1-78068-298-3 viii + 134 pp. | paperback 2016 | € 48 | $ 58 | £ 46

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Tort Law Principles of European Tort Law Series

An important to contribution to the understanding of the law of extracontractual liability as it applies to public authorities in European and selected nonEuropean jurisdictions.

European Product Liability An Analysis of the State of the Art in the Era of New Technologies P. Machnikowski (ed.)

The Liability of Public Authorities in Comparative Perspective K. Oliphant (ed.)

In recent decades, the liability of public authorities has been one of the main areas of development in and at the edges of tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, ‘Member State liability’ has also been recognised in the law of the EU, and the interplay of principles of national and EU law – and additionally the ‘just satisfaction’ jurisprudence of the European Court of Human Rights – evidently warrants close atten-

M. Martin-Casals (ed.)

tion. In this context, the aims of the present study are to contribute to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonisation in the area – specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability.

This book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development, such as major advances in mechatronics, nanotechnology, regenerative medicine and contour crafting. The book is the result of an extensive international research project funded by the Polish National Science Centre. It brings together experienced scholars associated with the European Group on Tort Law (EGTL) and the European Research Group on Existing EC Private Law (Acquis Group).

All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid, others claim that there is still a very important distinction. This book explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes.

Principles of European Tort Law

ISBN 978-1-78068-238-9

ISBN 978-1-78068-398-0

ISBN 978-1-78068-248-8

xiv + 888 pp. | paperback

x + 706 pp. | paperback

approx. 500 pp. | paperback

2016 | € 98 | $ 118 | £ 93

2016 | € 119 | $ 143 | £ 113

2017 | € 85 | $ 102 | £ 81

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Intersentia Catalogue 2017 drukklaar2.indd 35

The Borderlines of Tort Law: Interactions with Contract Law

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Tort Law

Intellectual Property Law

A new standard for the interdisciplinary study of intellectual property and a unique contribution to sociolegal studies. (…) Highly recommended! – Rosemary J. Coombe, Canada Research Chair in Law, Communication and Culture, York University

Preventing Medical Malpractice and Compensating Victimised Patients in China A Law and Economics Perspective X. Yu

This is the first book in English on the legal remedies for preventing medical errors and compensating victims of medical malpractice in China from an economic and legal perspective. Specifically, those legal remedies include tort liability, regulation, insurance and social security. The ultimate conclusion of this work is that although many aspects of the legal remedies in China are consistent with the economic model of accident law as far as the prevention of medical malpractice is concerned, they still need great improvement when it comes to compensation for iatrogenic injuries. ISBN 978-1-78068-468-0

Weaving Intellectual Property Policy in Small Island Developing States M. Forsyth and S. Farran

There is considerable pressure on Small Island Developing States globally to introduce or to strengthen intellectual property regimes. This pressure comes in a number of forms, including bilateral and multilateral Free Trade Agreement negotiations and development assistance programmes such as those of the World Intellectual Property Organisation. The aim of this book is to offer a competing model of intellectual property policy

using the Pacific Islands as a case study. This competing model is one based on local conceptions of culture and indigenous understandings about use, knowledge and transfer of intangible property. Adopting such a base as a starting point will enable the weaving together of multiple regulatory strategies to facilitate the transfer of knowledge, stimulate and reward innovation and creativity, and protect rights over traditional knowledge in ways that have meaning and resonance for local populations. Elements of western intellectual property frameworks

can also form important strands in intellectual property policies. However, these elements should be incorporated, and possibly reinterpreted, within the local framework. This book opens up a number of different roads for intellectual property policy. It also challenges a number of claims made about intellectual property law and development, demonstrating that a far more fine-grained analysis of the nexus between the two is required.

ISBN 978-1-78068-225-9 xiv + 280 pp. | paperback 2015 | € 62 | $ 74 | £ 59

xxvi + 600 pp. | paperback 2017 | € 150 | $ 180 | £ 143

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Civil Procedure Law in the South Paciﬁc

I recommend the work to all lawyers practising in the Pacific region. – Honourable Glen N. Williams AO, QC, Judge of the Solomon Islands Court of Appeal (-)

Introduction to South Paciﬁc Law th edition J. Corrin and D. Paterson ISBN 978-1-78068-412-3 c + 440 pp. | paperback 2017 | € 79 | $ 95 | £ 75

Courts and Civil Procedure in the South Paciﬁc Second edition J. Corrin and D. N. Bamford

This book compares the conduct of civil cases in countries of the South Pacific. It explains the practical application of civil procedures in the context of the courts in which they operate. The text focuses on the rules that apply in the superior courts of Fiji, Kiribati, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. An introductory chapter explains the origin of the rules and the factors that link and differentiate

them. The preliminary considerations that should be weighed before proceedings are instituted are highlighted. In a separate chapter, the constitution and civil jurisdiction of the courts are explained. Legislative and case law developments are also discussed. The book also has a chapter on alternative ways of resolving civil disputes. The text describes recent changes to the rules and suggests further reforms that might be considered by South Pacific rule making bodies.

See page  for more information

It is also of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.

ISBN 978-1-78068-280-8

The book is designed for use by legal practitioners

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Intersentia Catalogue 2017 drukklaar2.indd 37

and scholars interested in civil procedure in the South Pacific region.

lxxxii + 398 pp. | paperback 2016 | € 69 | $ 83 | £ 66

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Human Rights

‘This book adopts a particularly critical approach to the so-called ‘dynamic’ interpretation of the European Convention on Human Rights by the Court of Strasbourg.’ Forthcoming in 

A balanced and realistic approach

Domestic Abuse and Human Rights S. Choudhry and J. Herring

International Human Rights Protection Balanced, Critical, Realistic M. Bossuyt

This book, addressed to judges and lawyers, diplomats and civil servants, researchers and students, is based on the author’s personal research and personal involvement with a wide range of subjects, such as the basic concepts of civil and social rights, discrimination and affirmative action, issues of procedure and jurisdiction and issues such as the death penalty and the protection of refugees, minorities and victims of armed conflicts. At the universal level, the book

introduces the reader to the labyrinth of United Nations Charter-based and treaty-based procedures. As well as an overview of the Inter-American and African systems, it deals at the regional level with the case law of the European Court of Human Rights in Strasbourg, and looks at the national level at the case law of the US Supreme Court and the South African Constitutional Court. This book adopts a particularly critical approach to the so-called “dynamic” interpretation of the European Convention on Human Rights by the Court of Strasbourg. The author feels that

judges, in particular those belonging to courts specialising in human rights, have a tendency to systematically support interpretations benefitting the applicants, while overlooking too easily the far-reaching implications of judgments for society as a whole. He prefers a more balanced and realistic approach taking into account the difficulties democratic governments face in coping with the challenges of our present time and with the pressing needs of the realities of today’s world. ISBN 978-1-78068-400-0

This book presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It has three aims: first, to consider the relevant case law and application of the key articles to questions around domestic abuse; second, to consider at a theoretical level the balancing between protection and autonomy at the heart of the legal response to domestic abuse; third, to propose practical application of a human rights approach to issues around domestic abuse, with particular emphasis placed on the significance of the Istanbul Convention on Preventing and Combatting Violence against Women. The book argues that a human rights approach requires states to take a pro-active stance towards domestic abuse.

xx + 232 pp. | hardback 2016 | € 75 | $ 90 | £ 71

ISBN 978-1-78068-231-0 approx. 230 pp. | paperback 2018 | € 59 | $ 71 | £ 56



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Human Rights School of Human Rights Research Series

A human rights based analysis of the international drug-control framework with an emphasis on the access to controlled essential medicines in resourceconstrained countries.

Human Rights and Drug Control Access to Controlled Essential Medicines in ResourceConstrained Countries M.E. Gispen

This book analyses a human rights interpretation of the international drug-control framework with an emphasis on advancing the access to controlled essential medicines in resourceconstrained countries. Its approach goes beyond the more conventional legal analysis and includes an ethical analysis as well as two case studies in Uganda and Latvia. It first aims to identify a human rights foundation of drug control by examining how human rights norms would balance the underlying tension: some controlled substances have a clear, evidencebased medical benefit, yet also have the potential to be misused, which may lead to dependency disorders. This

makes it evident that States should regulate this delicate equilibrium, the challenge being how they can do so legitimately in light of human rights norms. Having explored this premise in the context of human rights law and theory, this book then applies these findings to Uganda and Latvia, – two ‘best practice’ countries – when it comes to improving the accessibility of morphine for pain treatment. The book concludes with a proposal on how a human rights approach to drugcontrol may be advanced, specifically highlighting the importance of reconciling international obligations with the local reality in which these obligations come into play.

Rights and Wrongs under the ECHR

The Scope for the Development of Positive Obligations M. Beijer

The prohibition of abuse of rights in Article  of the European Convention on Human Rights P. de Morree

The concept of positive obligations is familiar to various legal systems which seek to protect fundamental rights. In Europe, positive obligations have, in particular, been developed in the caselaw of the European Court of Human Rights (ECtHR) from the 1970s onwards. Based on the insights obtained from the development of positive obligations by the ECtHR, this volume analyses whether and how positive obligations could be incorporated into EU law. To this end, the relevant provisions laid down in the EU Treaties and the EU Charter, the case-law of the ECJ and the specificities of the EU system are studied.

This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR. First, it looks at the historical background of the provision. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine. Next, it analyses the interpretation of prohibitions of abuse in other human rights documents. Subsequently, it addresses the concepts of ‘abuse of rights’ and ‘militant democracy’ and examines the extent to which they offer a framework for understanding the abuse clause.

series, volume 

School of Human Rights Research

ISBN 978-1-78068-454-3

series, volume 7

series, volume 7

xxiv + 352 pp. | paperback

ISBN 978-1-78068-455-0

ISBN 978-1-78068-418-5

2017 | € 79 | $ 95 | £ 75

xxiv + 342 pp. | paperback

xvi + 304 pp. | paperback

2017 | € 79 | $ 95 | £ 75

2016 | € 69 | $ 83 | £ 66

School of Human Rights Research

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Intersentia Catalogue 2017 drukklaar2.indd 39

Limits of Fundamental Rights Protection by the EU



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Human Rights

The first comprehensive and empirical study on third-party interventions before an international court.

Third-Party Interventions before the European Court of Human Rights N. Bürli

Over the past decades the European Court of Human Rights has been increasingly engaged in constitutional decision-making. A variety of entities such as non-governmental organisations, try to participate in the Court’s proceedings as third-party interveners. This book is the first comprehensive and empirical study on third-party interventions before an international court. Analysing all cases between 1979 and 2016 to which an intervention was made, the book explores their potential influence on the reasoning and decision-making of the Court. It further argues

A Human Rights-based Approach to Conserving Protected Areas in China that there are three different type of intervention playing different roles in the administration of justice: amicus curiae interventions by organisations with a virtual interest in the case which strengthen the Court’s legitimacy in its democratic environment; member state interventions reinforcing state sovereignty; and actual third-party interventions by individuals who are involved in the facts of a case and who are protecting their own legal interests. As a consequence, the book makes a plea for applying distinct admissibility criteria to the different type of interventions as well as a more transparent procedure when accepting and denying interventions. ISBN 978-1-78068-461-1

Lessons from Europe M. He

Stereotypes and Human Rights Law E. Brems and A. Timmer (eds.)

As the world’s population grows and the demands for natural resources increase, protected areas are becoming more important, but also more threatened. While conservation of protected areas can contribute to the safeguarding of human rights, neglecting human rights can be a trigger for the mismanagement and destruction of protected areas. How can an objective and systematic approach balance human rights protection and the conservation of protected areas? This book draws lessons from Europe on how certain human rights can empower individuals, local communities and environmental NGOs in order to enhance their role in conserving protected areas in China.

Increasingly, human rights monitoring bodies voice concerns about stereotyping. Despite their relevance and their legal momentum, stereotypes have so far received little attention from human rights law scholars. This volume is the first one to broadly analyse stereotypes as a human rights issue. The scope of the book includes different stereotyping grounds – such as race, gender, and disability. Moreover, this book examines stereotyping approaches across a broad range of supranational human rights monitoring bodies, including the United Nations human rights treaty system as well as the regional systems that are most developed when it comes to addressing stereotypes: the Council of Europe and the inter-American system.

ISBN 978-1-78068-388-1

ISBN 978-1-78068-368-3

xx + 412 pp. | paperback

viii + 198 pp. | paperback

2016 | € 79 | $ 95 | £ 75

2016 | € 60 | $ 72 | £ 57

lii + 214 pp. | hardback 2017 | € 79 | $ 95 | £ 75

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Intersentia Catalogue 2017 drukklaar2.indd 40

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Human Rights Max van de Stoel Human Rights Award

The volume presents essays discussing current international challenges and efforts to advance human rights duties of transnational businesses.

Towards Shared Accountability in International Human Rights Law Law, Procedures and Principles A. Vandenbogaerde

Corporations, international organizations and foreign States affect the enjoyment of economic, social and cultural rights. Legal developments in the field of these rights are happening at a fast pace. This book provides the reader with a solid understanding of the concept of accountability and the challenges it implies for the protection of human rights. It also reviews the various accountability procedures in the international and regional human rights systems. The book concludes with a normative, prescriptive outlook, as it examines the procedural adaptations needed to facilitate the expansion of the duty-bearer side of human rights law.

Transnationalisation of Social Rights A. Fischer-Lescano and K. Möller (eds.)

This book scrutinises both the potentials and the boundaries of de-coupling the notion of ‘social rights’ from the nation-state and of transferring it to the transnational sphere. By drawing on a critical theory of transnational law, it provides in-depth analyses of the different sites where the struggle for social rights is at stake, such as the emerging transnational food regime, the ILO, international environmental law and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine and relates these aspects to the social and political struggles which surround the transnationalisation of social rights.

Law and Cosmopolitan Values, volume 7 ISBN 978-1-78068-386-7

ISBN 978-1-78068-396-6

xviii + 354 pp. | paperback

xx + 310 pp. | paperback

2016 | € 85 | $ 102 | £ 81

2016 | € 75 | $ 90 | £ 71

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Intersentia Catalogue 2017 drukklaar2.indd 41

Duties Across Borders Advancing Human Rights in Transnational Business B. A. Andreassen and V. Khanh Vinh (eds.)

Human rights are intertwined with large processes of globalisation. One of these processes is the rapid world-wide growth of multinational business enterprises. This volume argues that normative and legal developments to regulate and govern the behaviour of transnational businesses represent a new frontier in the struggle for human rights. This frontier has borne witness to many victims, but there are also glimpses of hope and opportunities for expanding the respect and protection of human rights in the corporate sector at local, national, and global levels. The volume presents essays discussing current international challenges

and efforts to advance human rights duties of transnational businesses. An introductory essay provides an overview of the debate and the individual chapters discuss legal, institutional, political, and social dimensions and obstacles to advancing business enterprises’ social and legal commitment to human rights norms. The book is aimed at legal and development scholars, public servants, and civil society practitioners with an interest in human rights commitments of transnational businesses. It is also of use for teachers and students in human rights law, corporate social responsibility courses, and courses in global development in degree programmes, and professional training programmes. ISBN 978-1-78068-376-8 xxii + 342 pp. | paperback 2016 | € 80 | $ 96 | £ 76

15/08/17 14:57

Human Rights

Forthcoming in 

Doing Peace the Rights Way Essays in International Law and Relations in Honour of Louise Arbour F. Lafontaine and F. Larocque (eds.)

This collection of essays addresses the most pressing contemporary issues in international law and relations. The authors are leading experts and renowned actors on the international stage or in national jurisdictions, who all have in common to have interacted closely with Louise Arbour in the course of her career. As is well known, Louise Arbour has had a profound impact on the development of international law and has played significant roles in international institutions, as Prosecutor for the International Criminal Tribunals for Rwanda and the former Yugoslavia, United Nations High Commissioner for

A unique collection of essays by world leaders and experts in honour of one of them, who is a true ambassador of justice and human rights for all.

Human Rights, CEO of the International Crisis Group and Special Representative of the UN Secretary-General for International Migration. She also held the top legal positions in Canada and helped shape Canadian law, as an academic and as a judge, sitting on its highest bench, the Supreme Court of Canada. Louise Arbour is a leader on issues of conflict prevention and resolution, criminal justice and human rights, to name but a few, and her vision often sets the standard. This book gathers together some other great minds in the hope that their vision on the most urgent debates of our time can help in getting us closer to the ideals of peace and justice for all. The contributions tackle substantive topics in light of current and past events, challenging basic assumptions and bringing fresh thoughts to debates that are at the core of

the world’s agenda. The backbone of all contributions is the interaction between justice and peace, between human rights and conflict, and between law and politics, in the international sphere or domestic context. This book is a unique collection of essays by world leaders and experts in honour of one of them, who is a true champion and ambassador of justice and human rights for all. The book contains contributions on non-stateactors, the right to truth, corruption, inclusivity and equality, the war on drugs, unaccompanied children, criminal accountability and responsibility, factfinding, terrorism, the international prosecutors, torture immunity, women’s rights and women’s role in international politics.

The African Challenge to Global Death Penalty Abolition International Human Rights Norms in Local Perspective A. Novak

Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime. This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.

ISBN 978-1-78068-354-6 approx. 400 pp. | paperback

ISBN 978-1-78068-294-5

2017 | € 85 | $ 102 | £ 81

vi + 204 pp. | paperback 2016 | € 60 | $ 72 | £ 57

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Human Rights

Criticism of the European Court of Human Rights

Between Rights and Responsibilities

Human Rights in a Positive State

Shifting the Convention System: Counter-Dynamics at the National and EU Level P. Popelier, S. Lembrecht and K. Lemmens (eds.)

A Fundamental Debate S. Parmentier, H. Werdmölder and M. Merrigan (eds.)

Rethinking the Relationship between Positive and Negative Obligations under the European Convention on Human Rights L. Lavrysen

For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. The book is topical and innovative, as these questions have so far remained largely unexplored.

The last decade has witnessed an increased criticism against the human rights paradigm for its obsession with the ‘culture of claims and rights’. According to the critics, this culture has led to an obsession with the rights of individuals at the expense of due attention to groups and communities, and moreover, at the neglect of responsibilities and duties. It is also argued that attention should shift from the western emphasis on the rights for individuals to the responsibilities of individuals and collectivities as present in other cultures of the world. These discussions, and the ensuing documents, bear consequences in everyday life.

The European Court of Human Rights has long abandoned the view that human rights merely impose ‘negative’ obligations of restraint on State authorities. States are also under positive obligations to take steps to actively protect and ensure the rights and freedoms guaranteed by the European Convention on Human Rights. While the concept of positive obligations has become increasingly important in the jurisprudence of the European Court, it remains relatively underexplored in the literature. This book analytically, critically and normatively engages with the Court’s positive obligations case law in a comprehensive and in-depth manner.

Defending Human Dignity The Role of the Human Rights Activist and the Scholar F. Coomans (ed.)

This booklet contains the texts of the Theo van Boven Lectures held in 2014 and 2015. The lectures, organised by the Maastricht Centre for Human Rights, deal with the subject of defending human dignity by looking at the different roles the human rights defender, the scholar and the human rights NGO can play in achieving this goal. Hina Jilani looks at the opportunities and limitations of human rights defenders in their fight to stand up for the protection of human dignity. Jean Allain discusses the role of the legal scholar in studying contemporary forms of slavery. Finally Aidan McQuade denounces practices of slavery from the perspective of a human rights NGO.

Law and Cosmopolitan Values, volume  ISBN 978-1-78068-401-7

ISBN 978-90-5095-886-8

ISBN 978-1-78068-425-3

xxi + 571 pp. | paperback

vi + 264 pp. | paperback

x + 428 pp. | paperback

ISBN 978-1-78068-444-4

2016 | € 150 | $ 180 | £ 143

2016 | € 70 | $ 84 | £ 67

2016 | € 95 | $ 114 | £ 90

48 pp. | 2016 | € 28 | $ 34 | £ 27

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Intersentia Catalogue 2017 drukklaar2.indd 43

4

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Human Rights

Transitional Justice

Denialism and Human Rights

Facing the Past

R. Moerland, H. Nelen and J. C. M. Willems (eds.)

Legal Aspects of Land Rights and the Use of Land in Asia, Africa, and Europe I. Westendorp (ed.)

In 2015, an international conference was organised on the theme of Denialism and Human Rights by the Maastricht Centre for Human Rights. The conference brought together scholars, practitioners and students to unearth and address denialism in the context of their own particular area of research. This book contains a unique collection of papers that were presented during the conference. The content of the papers ranges from more general reflections on the theme of denialism and human rights to more specific areas of research that are relevant in terms of denialism such as genocide, children’s rights, the role of (inter)national organisations, penology, and social, economic and cultural rights.

The right to land plays a key role in the realisation of a plethora of human rights, including the right to food, water, housing, employment, a healthy environment and the power to make decisions. This book is the result of the cooperation of scholars from five Indonesian faculties of law, the Maastricht Centre for Human Rights, and the Maastricht European Transnational Research Institute (METRO), together known as the Land Rights Consortium. It is of interest to scholars, students, and representatives of NGOs who examine economic and social human rights, in particular the right to land, and who want to understand the contemporary difficulties faced by people who wish to exercise this right .

Maastricht Series in Human Rights

ISBN 978-1-78068-369-0

Amending Historical Injustices through Instruments of Transitional Justice P. Malcontent (ed.)

Reparations for Child Victims of Armed Conflict State of the Field and Current Challenges F. Capone

How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And even more important: what have we learned from the implementation of these so-called instruments of transitional justice in practice? By alternating historical overviews with critical assessments, this volume does not only offer an extensive introduction to the world of transitional justice, but also food for thought concerning the effectiveness of the remedies it offers to face the past successfully.

The research for this book stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. The book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations. It also critically assesses the judicial and nonjudicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level.

Series on Transitional Justice,

volume 1

volume 

ISBN 978-1-78068-441-3

ISBN 978-1-78068-403-1

ISBN 978-1-78068-438-3

xvi + 488 pp. | paperback

x + 152 pp. | paperback

viii + 388 pp. | hardback

xxxii + 276 pp. | hardback

2016 | € 110 | $ 132 | £ 105

2016 | € 48 | $ 58 | £ 46

2016 | € 80 | $ 96 | £ 76

2017 | € 65 | $ 78 | £ 62

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Intersentia Catalogue 2017 drukklaar2.indd 44

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Business & Finance

Bridging Divides in Transitional Justice

Financial Management in Practice

The Extraordinary Chambers in the Courts of Cambodia C. S. White

R. Aernoudt

Understanding Solvency II

Business Valuation

K. Van Hulle

Using Financial Analysis to Measure a Company’s Value Third edition G. Parmentier and B. Cuypers

As the title suggests, this book aims to go beyond a classic academic approach to financial management by illustrating theoretical insights with concrete cases. Beginning with a description of the current banking and entrepreneurial landscape, the book proceeds to examine the basic concept of financial management. The business plan and financial plan are followed by an analysis of all forms of debt financing and venture capital, including business angels and crowdfunding. The book concludes with a review of the Basel Accords, from the point of view of the entrepreneur. With this, the author provides ammunition for managers confronted with banks or venture capitalists who claim that some actions are not possible ‘because of Basel’.

Solvency II is the new regime that regulates the solvency requirements for EU insurers and reinsurers. It aims to reduce the risk that an insurer would be unable to meet claims, to provide early warning to supervisors so that they can intervene promptly if capital falls below the required level, and to promote confidence in the financial stability of the insurance sector. This book provides a thorough and well-structured overview of the new regulatory regime and how it will affect insurers, re-insurers and other market participants, including policyholders. The author, who was closely involved in the making of Solvency II, offers all the necessary insights and explanations to better understand this new regulation.

ISBN 978-1-78068-440-6

ISBN 978-1-78068-432-1

ISBN 978-1-78068-177-1

ISBN 978-1-78068-448-2

xxiv + 336 pp. | hardback

xx + 412 pp. | paperback

approx. 300 pp. | paperback

x + 318 pp. | paperback

2017 | € 70 | $ 84 | £ 67

2017 | € 59 | $ 71 | £ 56

2017 | € 125 | $ 150 | £ 119

2017 | € 79 | $ 111 | £ 75

The backdrop to this book is Cambodia’s history of radical Communist revolution (1975–1979) under the brutal Khmer Rouge regime, and the culture of impunity and silence imposed on the society by successive national governments. Dialogue on the suppressed past began in 2006 as key figures of the regime were brought before the in situ internationalised criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The book provides a timely and nuanced analysis of the ECCC’s frequently criticised proceedings by examination of the trial dialogue in the Court’s first two cases. Series on Transitional Justice,

What determines a company’s financial health and what drives company value? Knowledge on financial analysis and business valuation is not always accessible for nonfinancial specialists such as managers with a more strategic focus. Nevertheless, having this intellectual skill-set can leverage your ability to make better strategic decisions. Therefore, the authors have structured this book in a way that enables non-specialists to grasp all relevant financial information using tools that allow efficient financial analyses. More experienced readers will appreciate the toolset that enables them to get to the heart of the (financial) matter faster by focusing on relevant data.

volume 3

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Intersentia Catalogue 2017 drukklaar2.indd 45

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International distribution

Europe

Australia

France and Italy Mare Nostrum David Pickering, Via In Selci 47, 00184 Roma, Italy tel: +39 348 318 38 84, e-mail: davidpickering@ mare-nostrum.co.uk www.mare-nostrum.co.uk

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Asia

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Back orders If a book is out of stock or not yet published, your order will remain in back order until it is available, unless we receive other instructions from you. Subscription Subscription items will be automatically entered as standing orders for future updating and renewals unless otherwise directed. In order to enjoy the discounted subscription rates on our series, we require that you subscribe for at least two volumes of the series. Terms of payment In order to facilitate payment, we prefer payment by credit card. Therefore, please complete the order form and fax it to Intersentia (+32 3 658 71 21). Price changes All listed prices and currency rates are subject to change without notice. Returns Before returning incorrect, damaged or overstocked items, you must receive permission from our Customer Service Department (+32 3 680 15 50 or mail@intersentia.be). Requests must be made within 6 months of invoice date. Returns received without proper authorisation will not be accepted. All returns must be in a saleable condition. Damaged, marked or stamped books cannot be returned.

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Intersentia nv Groenstraat 31 2640 Mortsel Belgium Tel: +32 (0)3 680 15 50 Fax: +32 (0)3 658 71 21 mail@intersentia.be www.intersentia.com

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Intersentia Ltd Sheraton House | Castle Park Cambridge CB3 0AX United Kingdom Tel.: +44 (0) 1223 370 170 Fax: +44 (0) 1223 370 169 mail@intersentia.co.uk www.intersentia.co.uk

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