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Moral Character: An Empirical Theory

Character and Moral Psychology

Philosophers and psychologists have been hard at work trying to unlock the mysteries of our characters. Unfortunately, their answers have been all over the map. According to one position, every single person has all of the moral virtues, such as modesty and compassion, although to varying degrees. Yet according to another position, no one has any character traits at all since they are simply illusions and do not exist. Hence not one person is honest or compassionate or courageous. And between these extremes, there are plenty of intermediate views. Christian B. Miller argues that not one of these leading positions accurately reflects what most of us are like today. He explores the implications of the Mixed Trait framework-a theory of moral character developed in his previous book, Moral Character: An Empirical Theory. Mixed traits have both morally positive aspects (hence they are not vices) along with morally negative aspects (hence they are not virtues). Miller engages with the other leading positions on the empirical nature of character: situationism, the CAPS model, the Big Five model, and the local trait model. He goes on to apply the Mixed Trait framework to several important topics in ethics, especially the development of an error theory about judgments of character and the challenge faced by virtue ethics from the widespread lack of virtue.

Corporate Obligations under International Law (Oxford Monographs in International Law)

This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.

EU MERGER CONTROL: An Economic And Legal Analysis

Economic analysis plays a pivotal role in competition enforcement. Integrating an economic perspective on merger control with a legal perspective throughout, this is a comprehensive reference work on merger control in the EU. Each chapter includes an analysis of the economic methods that have been employed in merger cases or that can be employed in merger assessment, such as merger simulation and critical loss analysis. Whilst focusing on EU practice, the work also highlights key procedures and and case law across the member states. A comparison with US procedure is also considered. Analysing both substantive and procedural law in detail, this is the most comprehensive work on EU merger control and is invaluable for merger assessment.

Agency and Responsibility: A Common-Sense Moral Psychology

Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are answered in the negative, the common-sense distinctions between recklessness, weakness of will and compulsion collapse. This would threaten our ordinary notion of self-control and undermine our practice of holding each other responsible for moral failure. So a clear and plausible account of how weakness of will and self-control are possible is of great practical significance. Taking the problem of weakness of will as her starting point, Jeanette Kennett builds an admirably comprehensive and integrated account of moral agency which gives a central place to the capacity for self-control. Her account of the exercise and limits of self-control vindicates the common-sense distinction between weakness of will and compulsion and so underwrites our ordinary allocations of moral responsibility. She addresses with clarity and insight a range of important topics in moral psychology, such as the nature of valuing and desiring, conceptions of virtue, moral conflict, and the varieties of recklessness (here characterised as culpable bad judgement) - and does so in terms which make their relations to each other and to the challenges of real life obvious. Agency and Responsibility concludes by testing the accounts developed of self-control, moral failure, and moral responsibility against the hard cases provided by acts of extreme evil.

Beyond the Banality of Evil: Criminology and Genocide (Clarendon Studies in Criminology)

Positioning itself within significant developments in genocide studies arising from misgivings about two noteworthy observers, Arendt and Milgram, this book asks what lies 'beyond the banality of evil'? And suggests the answer lies within criminology. Offering the author's reflections about how to interpret genocide as a crime, Beyond the Banality of Evil: Criminology and Genocide endeavours to understand how the theories of criminal motivation might shed light on these stunning events and make them comprehensible. While a great deal has been written about the shortcomings of the obedience paradigm and 'desk murderers' when discussing the Holocaust, little has been said of what results when investigations are taken beyond these limitations. Through examination and analysis of the literature surrounding genocide studies, Brannigan frames the events within a general theoretical approach to crime before applying his own revised model, specifically to Rwanda and drawn from field-work in 2004 and 2005. This provides a new and compelling account of the dynamics of the 1994 genocide and its distinctive attributes of speed, popularity, totality and emotional indifference. With a focus on the disarticulation of personal culpability among ordinary perpetrators, Beyond the Banality of Evil questions the effectiveness of individual-level guilt imputation in these politically based, collectively orchestrated crimes, and raises doubts about the utility of criminal indictments that have evolved in the context of models of individual misconduct.

Traces of Terror: Counter-Terrorism Law, Policing, and Race (Clarendon Studies in Criminology)

In the wake of 2001, terrorism laws and their policing have been charged with eroding civil liberties and discriminating against Muslim and ethnic minority peoples. Traces of Terror: Counter-Terrorism Law, Policing, and Race goes further and asks how counter-terrorism reproduces the social relations of race: what police and legal practice, what knowledge and what power makes over-policing normal. Based on field work in Australia, this book investigates the effects of counter-terrorism law and policing on Muslim, Somali, Turkish Kurds and Sri Lankan Tamil communities. Drawing together in-depth interviews with members of Victoria Police and those who are being policed, participant observations of community forums, and a detailed investigation of government and police policy, legislation and case law, the author explains how processes of criminalization and racialization are sustained. The study analyses preparatory terrorism offences and 'terrorist organization' laws, as well as the application of contentious concepts including extremism, radicalization and counter-radicalization. The book explains the management of difference, identity and belonging through expanding police and intelligence powers as well as through community policing and multicultural social policy. Above all, this book traces the persistence of race, racialization and racism in practices presented, on the surface, as 'race neutral', consensual and inclusive. From raids and prosecutions, to informal questioning and communitarian forms of regulation, it demonstrates the enduring and shifting meanings of these concepts as practices and their lived, often contradictory effects on the populations who experience them. Traces of Terror is not a study of police racism nor of experiences of discrimination, but rather an explanation of the enduring organisation of racial power reflected in, and produced by, counter-terrorism.

Reorganizing Crime: Mafia and Anti-Mafia in Post-Soviet Georgia (Clarendon Studies in Criminology)

Arising from Soviet prison camps in the 1930s, career criminals known as 'thieves-in-law' exist in one form or another throughout post-Soviet countries and have evolved into major transnational organized criminal networks since the dissolution of the USSR. Intriguingly, this criminal fraternity established a particular stronghold in the republic of Georgia where, by the 1990s, they had formed a mafia network of criminal associations that attempted to monopolize protection in both legal and illegal sectors of the economy. This saturation was to such an extent that thieves-in-law appeared to offer an alternative, and just as powerful, system of governance to the state. Following peaceful regime change with 2003's Rose Revolution, Georgia prioritised reform of the criminal justice system generally, and an attack on the thieves-in-law specifically, using anti-organized crime policies that emulated approaches in Italy and America. Criminalization of association with thieves-in-law, radical reforms of the police and prisons, educational change, and controversial, draconian and extra-legal measures, amounted to arguably the most sustained anti-mafia policy implemented in any post-Soviet country - a policy the government believed would pull Georgia out of the Soviet past, declaring it a resounding success. Utilising unique access to primary sources of data, including police files, court cases, archives and expert interviews, Reorganizing Crime: Mafia and Anti-Mafia in Post-Soviet Georgia charts both the longevity and decline of the thieves-in-law, exploring the changes in the levels of resilience of members carrying this elite criminal status, and how this resilience has faded since 2005. Through an innovative and engaging analysis of this often misunderstood cohort of organized crime, this book engages with contemporary debates on the resilience of so-called dark networks, such as organized crime groups and terrorist cells, and tests theories of how and why success in challenging such organizations can occur.

Network Industries And Social Welfare: The Experiment That Reshuffled European Utilities

A dramatic change of ownership, regulation, and organisation of essential public services, such as electricity, gas, and telecommunications, has taken place in Europe in less than 20 years. This was not the outcome of spontaneous adaptation, but an entirely top-down policy experiment, mainly conceived in London during Mrs Thatcher's years, then pursued in Brussels - the 'capital' of the European Union - and imposed on more or less reluctant players by laws, directives, regulations, and administrative and judicial decisions. The European reform paradigm revolves around three pillars: privatisation, unbundling, and regulated liberalisation of network industries. These industries, despite the reforms, are still special, as they include core natural monopoly components (the electricity grid, the gas pipelines, the telephony networks, etc.), are often based on complex system integration of different segments (for example of electricity generation, transmission, distribution and retail supply), and offer services that have critical social and economic importance, from heating to internet. This book offers a careful scrutiny of energy and telephony reforms and prices paid by households in 15 countries across Western Europe. It attempts to answer such questions as: Are the consumers in Europe happier than they were before the reforms? Do they pay less? Do they get a better quality for the services? Network Industries and Social Welfare provides an overview of the main facts, the conceptual issues, and of the empirical evidence on pricing, perceptions of quality of service, and the issues of utility poverty and social affordability. It suggests that the benefits of the reforms for the consumers have often been limited and that governments should reconsider their overconfidence in regulated market mechanisms in network industries.

Multiculturalism And Minority Rights In The Arab World

Since the Arab Spring, Arab states have become the new front line in the struggle for democratization and for open societies. As the experience of other regions has shown, one of the most significant challenges facing democratization relates to minority rights. This book explores how minority claims are framed and debated in the region, and in particular, how political actors draw upon, re-interpret, or resist both the new global discourses of minority rights and more local traditions and practices of co-existence. The contributors examine a range of pre-colonial, colonial, and post-colonial factors that shape contemporary minority politics in the Arab world, and that encumber the reception of international norms of multiculturalism. These factors include the contested legacies of Islamic doctrines of the `dhimmi' and the Ottoman millet system, colonial-era divide and rule strategies, and post-colonial Arab nation-building. While these legacies complicate struggles for minority rights, they do not entail an `Arab exceptionalism' to global trends to multiculturalism. This volume explores a number of openings for new more pluralistic conceptions of nationhood and citizenship, and suggests that minority politics at its best can serve as a vehicle for a more general transformative politics, supporting a broader culture of democracy and human rights, and challenging older authoritarian, clientalistic, or patriarchal political tendencies. The chapters include both broad theoretical and historical perspectives as well as more focused case studies (including Western Sahara/Morocco, Algeria, Israel/Palestine; Sudan; United Arab Emirates, and Iraq).

Meaning in Life

What makes a person's life meaningful? Thaddeus Metz offers a new answer to an ancient question which has recently returned to the philosophical agenda. He proceeds by examining what, if anything, all the conditions that make a life meaningful have in common. The outcome of this process is a philosophical theory of meaning in life. He starts by evaluating existing theories in terms of the classic triad of the good, the true, and the beautiful. He considers whether meaning in life might be about such principles as fulfilling God's purpose, obtaining reward in an afterlife for having been virtuous, being attracted to what merits attraction, leaving the world a better place, connecting to organic unity, or transcending oneself by connecting to what is extensive. He argues that no extant principle satisfactorily accounts for the three-fold significance of morality, enquiry, and creativity, and that the most promising theory is a fresh one according to which meaning in life is a matter of intelligence contoured toward fundamental conditions of human existence.

EU Environmental Law and the Internal Market

For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.

EU Environmental Law and the Internal Market

For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.

A False Tree of Liberty: Human Rights in Radical Thought

This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

A False Tree of Liberty: Human Rights in Radical Thought

This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

Reading Hume on the Principles of Morals

Hume's Enquiry concerning the Principles of Morals is one of the landmark works in the history of moral philosophy; this volume presents a section-by-section study of the work in the form of new interpretative essays by leading Hume scholars. The result is a comprehensive reassessment of Hume's 'recasting' of his moral philosophy in this work. Particular attention is given to the Enlightenment concepts of justice and benevolence, as well as to the concept of humanity and moral sentiment. Fifteen original chapters take the reader through the nine sections and four appendices of Hume's Enquiry, as well as 'A Dialogue,' to assess critically the moral philosophy he presents. How does it differ from the moral philosophy of the Treatise, and how should we understand the significance of the arguments he advances? Additional chapters examine the relation between Hume's mature moral philosophy and related subjects such as his epistemology, his writings on religion, beauty and criticism, the passions, and his own intellectual and philosophical development during the period in which he conceived and wrote the Enquiry.

Monaghan on Equality Law

Written by a leading human rights and employment practitioner, the new edition of Monaghan on Equality Law combines a comprehensive survey of UK equality law with an analytical critique of the legal framework and the concepts that underpin it. The text provides practical guidance on equality law as it applies to specific practice areas including employment, goods and services, housing, education, transport, and public law. It covers the history of equality law, domestically, regionally, and internationally. It also considers the social and political context for equality. It offers a detailed exploration of the domestic law, as well as reviewing the main EU and international human rights instruments addressing discrimination. This book reviews the history of the Equality Act and its impact on the landscape of this area of law. It examines the innovative provisions introduced by the Act, including provisions addressing 'multiple' discrimination and statutory equality duties covering all protected grounds, and also considers the decisions arising from the case law emerging since the publication of the previous edition. The text also covers new EU law addressing discrimination outside those areas presently and historically addressed by EU law, and a number of UN initiatives directed at addressing inequality and discrimination.

Commercial Arbitration in Germany

This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

Commercial Arbitration in Germany

This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

Telecommunications Law and Regulation

Since the last edition of the book was published, there have been a number of important developments in the telecommunications industry. Telecommunications Law and Regulation takes these changes into account, including an examination of the EU New Regulatory Framework, as well as the establishment of the Body of European Regulators for Electronic Communications (BEREC). There are also new chapters on spectrum management (radio frequencies), and consumer protection rules. The access and interconnection chapter addresses the issues surrounding the high capacity broadband widely provided by Next Generation Networks.The chapter on licensing and authorisation has been refocused to reflect the increasing regulatory focus on the mobile sector. The chapter on regulating content has also been significantly restructured and revised to reflect the changes in how we consume content. Written by leading experts, it is essential reading for legal practitioners and academics involved in the telecommunications industry.

Criminology: A Very Short Introduction (Very Short Introductions)

Crime is big news. From murder to theft to drug gangs, crime and criminal justice affect the lives of millions of people worldwide. Hardly surprisingly, crime has been pushed high up the public policy agenda across the world. But how can we measure crime, or evaluate the effectiveness of preventative measures? Does the threat of prison reduce someone's likelihood of reoffending, or would rehabilitation be more constructive? In this Very Short Introduction Tim Newburn considers how we can study trends in crime, and use them to inform preventative policy and criminal justice. Analysing the history of the subject, he reflects on our understanding of crime and responses to crime in earlier historical periods. Considering trends in crime in the developed world, Newburn discusses its causes, exploring the relationship between drugs and crime, analysing what we know about why people stop offending, and looking at both formal and informal responses to crime. Newburn concludes by discussing what role criminology can plausibly be anticipated to have in crime control and politics, and what its limits are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Criminology: A Very Short Introduction (Very Short Introductions)

Crime is big news. From murder to theft to drug gangs, crime and criminal justice affect the lives of millions of people worldwide. Hardly surprisingly, crime has been pushed high up the public policy agenda across the world. But how can we measure crime, or evaluate the effectiveness of preventative measures? Does the threat of prison reduce someone's likelihood of reoffending, or would rehabilitation be more constructive? In this Very Short Introduction Tim Newburn considers how we can study trends in crime, and use them to inform preventative policy and criminal justice. Analysing the history of the subject, he reflects on our understanding of crime and responses to crime in earlier historical periods. Considering trends in crime in the developed world, Newburn discusses its causes, exploring the relationship between drugs and crime, analysing what we know about why people stop offending, and looking at both formal and informal responses to crime. Newburn concludes by discussing what role criminology can plausibly be anticipated to have in crime control and politics, and what its limits are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The UNCITRAL Arbitration Rules: A Commentary (Oxford Commentaries on International Law)

Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.

Courts and Consociations: Human Rights versus Power-Sharing

Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

Competition Litigation: UK Practice and Procedure

An indispensable work for competition lawyers in the UK, this book provides a comprehensive guide to all aspects of competition litigation, drawing on the wealth of combined experience of barristers. It covers both practice and procedure in the UK courts as well as the Competition Appeal Tribunal. All aspects of case work are covered from commencement of proceedings to remedies, quantum issues, costs, arbitration, mediation and criminal proceedings giving competition lawyers a full analysis of the litigation process. Fully updated in its second edition, coverage is updated to reflect the coming into force of the Treaty of Rome and the Treaty of Lisbon. Updates include coverage of a range of important new case law. Discussion is given of the AkzoNobel case denying privilege for in-house counsel communications; Emerald Supplies Ltd & Anor v British Airways Plc providing further guidance on representative actions in English courts; Cooper Tire & Rubber Company Europe Ltd and Others v Dow Deutschland Inc and Others setting out the jurisdiction of English courts in damages claims; and consideration in the BCL case of time limits under section 47A claims. Other cases considered include BAA v Competiton Commission and R v George & Others. The updated work also considers the increasing move towards electronic disclosure.