International Law for Common Goods Normative Perspectives on Human Rights, Culture and Nature Edited by Federico Lenzerini and Ana Filipa Vrdoljak International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world where the rise of the notion of common goods challenges this dominance. These common goods - typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) - speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law - human rights, culture and the environment - are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law. Federico Lenzerini is Professor of International and EU Law at the Università degli Studi di Siena. Ana Filipa Vrdoljak is Professor of Law and Associate Dean (Research) at the Faculty of Law, the University of Technology, Sydney. July 2014 468pp Hbk 9781849465199 RSP: £75.00 / €97.50 Please click here for more details about the Studies in International Law series Please click here for more information about this title The Interface between Competition and the Internal Market Market Separation under Article 102 TFEU Vasiliki Brisimi This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of market separation-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. Market separation cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in market separation cases and the Treaty requirements under the free movement provisions. In addition, it utilises market separation cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing market separation as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of market separation under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding. Vasiliki Brisimi (DPhil, Oxon) is an Associate at Koutalidis Law Firm in Athens, Greece. July 2014 274pp Hbk 9781849465694 RSP: £75.00 / €97.50 Please click here for more details about the Hart Studies in Competition Law series Please click here for more information about this title The Right to Regulate in International Investment Law Catharine Titi Since the inception of the international investment law system, investment promotion and protection have been the raison dêtre of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law systems legitimacy. Catharine Titi works on issues in international investment law and international arbitration. Co-publication between CH Beck and Hart Publishing June 2014 376pp Pbk 9781849466110 RSP: £105.00 / €136.50 Please click here for more information about this title Media Ownership and Control Law, Economics and Policy in an Indian and International Context Suzanne Rab and Alison Sprague ENDORSEMENTS “The issue of ownership and control over the media markets is a vexed one - especially in developing countries - having substantial socio-economic ramifications. Both sector regulators and competition authorities seek to find solutions to this problem, sometimes overlapping or conflicting with each other. The book by Suzanne Rab and Dr Alison Sprague makes a very insightful examination of the legal, economics and policy issues in this area in India compared with developments in other countries, and in the process sets out useful precedents for Indian authorities.” Vinod Dhall, former acting Chairman and head of the Competition Commission of India “Suzanne (together with her co-author Alison Sprague) has come out with another masterpiece after her previous much acclaimed book Indian Competition law, an International Perspective. I recommend this new book to all lawyers and other professionals who would like to understand the Indian competition regime especially with its focus on TMT sector.” Dr Mukul Shastry, BBM, LL B, LL M, Ph D, CAIIB, CS, Legal Officer, Reserve Bank of India Competition and diversity in media and communications are fundamental to a healthy economy and democracy. In India and internationally there is no consensus on the exact manner and scope of interventions that are appropriate to protect competition and pluralism in media markets. Many emerging economies including India are seeking to adopt their own regulation in this area taking their lead from the UK. The issues have been brought into sharp focus in India in recent years. First, the enactment and implementation of modern - but sector neutral - competition law under the Competition Act 2002 has caused a step change in regulation towards an economics and effects-based approach. Second, in 2013 the India telecoms regulator launched controversial reform proposals to apply a media-specific approach to ownership regulation. As academics, lawyers, businesses, regulators and policy-makers in India cast a glance at the international experience, this book examines the legal, economic and policy issues relating to regulation of ownership and control of media markets. The focus of comparative assessment is on examples from the European Union, EU Member States and the US. Suzanne Rab is a barrister specialising in competition law, EU law and regulation at Serle Court Chambers. Alison Sprague is an economist specialising in media with Competition Economists Group. July 2014 344pp Hbk 9781849466356 RSP: £60.00 / €78.00 Please click here for more details about the Hart Studies in Competition Law series Please click here for more information about this title NEW AS PAPERBACK The Right to Housing Law, Concepts, Possibilities Jessie Hohmann PRAISE FOR THE BOOK “...a major mile-stone in human rights literature and adds considerably to discourse concerning the right to housing in the United Kingdom and beyond...As well as being of interest to those who engage with the right to housing within the legal regimes considered, the philosophical reflections on the right to housing, and its place within broader human rights discourse, offered by the text will undoubtedly interest academics and students alike. [It] ... is a must-read text for those interested in human rights and the right to housing.” Mark Jordan, Cambridge Journal of International & Comparative Law “Jessie Hohmann provides an insightful and sophisticated analysis of the meaning, content, scope and nature of housing rights...While rooted in a legal analysis, she draws on a range of disciplines including anthropology, political theory, philosophy, and geography, to create a major contribution to knowledge in this area...For anyone with any sustained interest in the right to housing this book is invaluable. Well-written, concise, well researched and structured, it is essential reading for lawyers, academics, advocates, and policy makers.” Padraic Kenna, European Journal of Homelessness Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013. Drawing on insights from a range of disciplines, this book is a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity; and looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied right. It offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Jessie Hohmann is a lecturer in law at Queen Mary, University of London. July 2014 286pp Pbk 9781849466578 RSP: £25.00 / €32.50 Please click here for more information about this title NEW AS PAPERBACK Previous Convictions at Sentencing Theoretical and Applied Perspectives Edited by Julian V Roberts and Andrew von Hirsch PRAISE FOR THE BOOK “The editors and contributors tackle a particularly thorny issue in this elegant…text: Should an offenders previous convictions affect sentence?...Professors Roberts and von Hirsch address with signal skill the question of just deserts and proportionality, the progressive loss of mitigation, the issues of first offender discounts...and the question of deserved punishment when recidivism is demonstrated” Judge G Renaud, Criminal Law Quarterly “In Previous Convictions at Sentencing Roberts and Von Hirsch have brought together a selection of leading thinkers to illuminate an aspect of punishment theory and practice that has largely remained in the shadows despite its obvious importance. An attractive feature of the book, in addition to the thoughtful and penetrating analyses that it contains, is the vigorous exchange of views that takes place between its covers. The editors have not shied away from including perspectives that are at odds with their own, or from revising and reformulating their views, or indeed from finding fault with each others conclusions.” Ian ODonnell, Punishment & Society This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldest and most contested questions in the field of criminal sentencing: should an offenders previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists. Julian Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College. Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law at the University of Cambridge and an Honorary Fellow of Wolfson College. July 2014 268pp Pbk 9781849466844 RSP: £18.00 / €23.50 Please click here for more details about the Studies in Penal Theory and Penal Ethics series Please click here for more information about this title A Debt Restructuring Mechanism for Sovereigns Do We Need a Legal Procedure? Edited by Christoph G Paulus The Eurozone crisis which started in spring 2010 as a Greek budget crisis has alerted Europeans that the issue of defaulting sovereigns is not one reserved just for the poor and poorest countries on this globe. The crisis painfully amplified that developed countries, too, might be hit by this phenomenon. To be sure, this insight is far from novel - the history of defaulting states reaches back into history for at least two millennia. And yet, lawyers have surprisingly abstained more or less completely from discussing this subject and developing possible solutions. Beginning with the Argentina crisis in 2001, this neglect began to vanish to a certain degree and this movement got some momentum in 2010 by the Eurozone crisis. The present book collects contributions from authors most of whom have participated in a conference on this issue in January 2012 at the Humboldt-Universität zu Berlin. The presentations, thus, provide a unique overview of the present discussion both from an economic and legal perspective. Co-publication between CH Beck and Hart Publishing Dr Christoph Paulus is professor at the Humboldt-Universität, Berlin. The authors are internationally reputed experts in their fields and are globally renowned for their expertise particularly in the field of defaulting sovereigns. August 2014 286pp Hbk 9781849467407 RSP: £130.00 / €169.00 Please click here for more information about this title If you wish to order any of these books please contact MDL: UK ORDERS T +44 (0)1256 302692; F +44 (0)1256 812521 / 812558 E [email protected] EU AND ROW ORDERS T +44 (0)1256 329242; F +44 (0)1256 842084; E [email protected] Or if you have any queries, please do not hesitate to contact me. With best wishes Mary Mahoney Hart Publishing Click here to view Hart Publishing 2014 Catalogue Hart Publishing Journals PS. If you would like to be removed from this mailing list, just reply to this message with unsubscribe typed in the subject box. Hart Publishing Ltd, 16C Worcester Place Oxford OX1 2JW, UK Tel: +44 (0)1865 517530 Fax: +44 (0)1865 510710 E-mail: [email protected] Website: hartpub.co.uk Hart Publishing Ltd. is registered in England No. 3307205 Hart Publishing Ltd. is an Imprint of Bloomsbury Publishing plc editura.themis.cart@gmail Forthcoming Titles: Publication Date: 14/08/2014 The Emergence of EU Criminal Law Cyber Crime and the Regulation of the Information Society Sarah Summers, Christian Schwarzenegger, Gian Ege and Finlay Young 9781841137278; Hbk; 354pp; £45 / €58.50 Series: Studies in International and Comparative Criminal hartpub.co.uk/BookDetails.aspx?ISBN=9781841137278 Publication Date: 14/08/2014 Institutionalised International Law Matthias Ruffert and Christian Walter 9781849464949; Hbk; 250pp; £95 / €120 hartpub.co.uk/BookDetails.aspx?ISBN=9781849464949 Publication Date: 14/08/2014 The Human Right to Water Significance, Legal Status and Implications for Water Allocation Inga T Winkler 9781849466622; Pbk; 376pp; £30 / €39 hartpub.co.uk/BookDetails.aspx?ISBN=9781849466622 Publication Date: 28/08/2014 Liberal Criminal Theory Essays for Andreas von Hirsch Edited by A P Simester, Antje du Bois-Pedain and Ulfrid Neumann 9781849465144; Hbk; 406pp; £50 / €65 hartpub.co.uk/BookDetails.aspx?ISBN=9781849465144 Publication Date: 28/08/2014 Special Advisers Who they are, what they do and why they matter Ben Yong and Robert Hazell 9781849465601; Hbk; 302pp; £25 / €32.50 hartpub.co.uk/BookDetails.aspx?ISBN=9781849465601 Publication Date: 28/08/2014 Feminist Perspectives on Contemporary International Law Between Resistance and Compliance? Edited by Sari Kouvo and Zoe Pearson 9781849466585; Pbk; 250pp; £22.50 / €30 Series: Oñati International Series in Law and Society hartpub.co.uk/BookDetails.aspx?ISBN=978184946658 Publication Date: 28/08/2014 The Practice of International and National Courts and the (De-)Fragmentation of International Law Edited by Ole Kristian Fauchald and André Nollkaemper 9781849466639; Pbk; 382pp; £30 / €39 Series: Studies in International Law hartpub.co.uk/BookDetails.aspx?ISBN=9781849466639 Publication Date: 28/08/2014 The Interception of Vessels on the High Seas Contemporary Challenges to the Legal Order of the Oceans Efthymios Papastavridis 9781849466646; Pbk; 402pp; £30 / €39 Series: Studies in International Law hartpub.co.uk/BookDetails.aspx?ISBN=9781849466646 Publication Date: 04/09/2014 EU Law and Integration Twenty Years of Judicial Application of EU Law José Luís da Cruz Vilaça 9781849465083; Hbk; 372pp; £50 / €65 hartpub.co.uk/BookDetails.aspx?ISBN=9781849465083 Publication Date: 04/09/2014 EU Competition Law An Analytical Guide to the Leading Cases Ariel Ezrachi 9781849465519; Pbk; 714pp; £40 / €52 hartpub.co.uk/BookDetails.aspx?ISBN=9781849465519 Publication Date: 11/09/2014 Criminal Fair Trial Rights Article 6 of the European Convention on Human Rights Ryan Goss 9781849465502; Hbk; 226pp; £60 / €78 Series: Criminal Law Library hartpub.co.uk/BookDetails.aspx?ISBN=9781849465502 Publication Date: 11/09/2014 The Irish Yearbook of International Law, Volume 7, 2012 Edited by Fiona de Londras and Siobhán Mullally 9781849466295; Hbk; 503pp; £75 / €97.50 Series: Irish Yearbook of International law hartpub.co.uk/BookDetails.aspx?ISBN=9781849466295
Posted on: Wed, 13 Aug 2014 08:33:07 +0000