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Competition Litigation: UK Practice and Procedure
by Mark Brealey QC and Kyla GeorgeAn 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.
Reason, Morality, and Law: The Philosophy of John Finnis
by John Keown Dcl Robert P. GeorgeJohn Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory. This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis' work, offers the first sustained, critical study of Finnis' contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.
Reason, Morality, and Law: The Philosophy of John Finnis
by John Keown Robert P. GeorgeJohn Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory. This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis' work, offers the first sustained, critical study of Finnis' contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.
Transnational Securities Law
Bringing together a team of globally renowned academics and expert practitioners in the field, this new work presents the first comprehensive analysis of the Geneva and Hague Securities Conventions and related initiatives including those of UNCITRAL and regulatory authorities. It explores the international harmonization of the law relating to securities, and identifies issues that have not yet been harmonized. The book explains the current international law on intermediated and non-intermediated securities and suggests solutions to problems where there are gaps in the legislation or where the current framework could be improved. Taking the Geneva and Hague Securities Conventions as its starting point, the book focuses on private law, including substantive and conflict-of-law issues, as well as looking at recent regulatory developments. Each chapter assesses the current state of the law, and, for issues that have not yet been harmonized, presents possible ways to reach further harmonization and identifies best standard practice solutions. The first book to provide a comprehensive analysis of securities law at the transnational level; it contributes to the wider discussion on further harmonization, while also providing best-practice solutions to practitioners in relation to non-harmonized issues.
Indonesian Law
by Tim Lindsey Simon ButtIndonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.
Indonesian Law
by Simon Butt Tim LindseyIndonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.
Public Rights, Private Relations
by Jean ThomasThe abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.
Public Rights, Private Relations
by Jean ThomasThe abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.
Philosophical Foundations of the Nature of Law (Philosophical Foundations of Law)
by Wil Waluchow Stefan SciaraffaIn recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.
A Practical Approach to Sentencing (A Practical Approach)
by Martin WasikSentencing is one of the fastest moving areas of law, with frequent legislative changes and hundreds of reported appellate decisions each year. A Practical Approach to Sentencing - a completely updated and revised new edition of Emmins on Sentencing - offers the most comprehensive coverage of modern sentencing law, making it an essential purchase for all criminal practitioners. The book provides a clear and complete guide to the sentences which are available to the courts, describing the powers of sentencing which can be used and how they are likely to be exercised in practice by the Crown Court or magistrates' courts. Offering guidance and analysis on sentencing principles and procedures, the book also provides a practical summary of relevant sentencing guidelines and leading guideline decisions. With thorough coverage and explanation of the changes brought about by the Legal Aid, Sentencing and Punishment of Offenders Act, this new edition is an indispensable guide for criminal practitioners at all levels. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote clarity and ease of understanding.
The Negligence Liability of Public Authorities
by Duncan Fairgrieve Dan Squires QCWhether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by Cherie Blair and Dan Squires QC, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics. This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities' activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.
The Negligence Liability of Public Authorities
by Duncan Fairgrieve Dan Squires QCWhether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by Cherie Blair and Dan Squires QC, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics. This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities' activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.
Judicial Review: Principles and Procedure
by Jonathan Auburn Jonathan Moffett Andrew SharlandCovering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.
Public Benefit in Charity Law
by Jonathan GartonPublic Benefit in Charity Law examines the legal principles and practical applications of the public benefit test in charity law in the UK, Australia, Canada, New Zealand and the Republic of Ireland. In order to obtain charitable status, an organization must not only have exclusively charitable purpose but also demonstrate that it provides a benefit to the public. There is a considerable body of shared case law on public benefit in these jurisdictions and yet to date there has been no comprehensive study of the topic. It is highly topical, given the many statutory reforms to public benefit in Australia, England, and Scotland, as well as the legislative reforms in Northern Ireland. In England, for instance, the Charities Act 2006 removed the presumption that some charitable purposes automatically provide a public benefit, and for the first time all charities are required to demonstrate that they satisfy the common law public benefit requirements. The impact of the reforms on independent schools and health care charities, which risk losing their charitable status if they are seen as only benefiting private individuals, attracted considerable political and media attention. The book sets out a critical analysis of the general principles of public benefit that have developed since the emergence of the doctrine in England in the nineteenth century, and its export to the other jurisdictions. These principles are evaluated in the light of the traditional justifications for the public benefit requirement. The book also considers the practical implications of these principles in relation to specific areas of charitable activity in each jurisdictions. The analysis includes issues affecting education, health care provision, religious charities, human rights charities, political campaigning, and environmental action. Reference to other jurisdictions including the Republic of Ireland and the USA is made where such comparison is helpful.
Protectors of Trusts
by Mark HubbardA protector is a person appointed under the trust instrument given powers in relation to the administration of the trust. The modern use of protectors came about because settlors of international trusts were concerned about the risks involved in transferring their assets to trustees in distant countries. Protectors are now a common and important feature of trust structures, as used in many international financial centres. Protectors of Trusts is the ideal first port of call for anyone who needs to know about trust protectors, whether from a contentious or a non-contentious perspective and aims to provide a comprehensive treatment of the subject. Written by a leading practitioner from New Square Chambers, this title draws together the law of protectors which, like the jurisdictions of the trusts they protect, is found in cases and statutes scattered around the world. Practical in approach, this book analyses the relevant case law and statutory provisions, and provides detailed guidance on the use of protectors as well as coverage of the disputes which arise from their misuse. This work comprehensively covers the subject, with chapters on appointment and removal of protectors; powers; duties; remuneration and indemnity; liabilities; litigation by and against protectors and on enforcers of non-charitable purpose trusts.
Insurance Law for the Construction Industry
Questions of insurance arise in virtually all constructions cases. Providing a much-needed guide to the complex interface between insurance law and construction projects, this fully revised and updated second edition of Insurance Law for the Construction Industry will be of practical everyday use to both contentious and non-contentious lawyers. Written by an experienced team of practising solicitors from Reynolds Porter Chamberlain LLP, this work combines an overview of the relevant insurance law with the specific detail specialists will require. The book provides comprehensive coverage of the issues involving insurance encountered in the process of construction. It gives practical answers to all the problems likely to be encountered when negotiating construction contracts, insurance policies or insurance claims. Insurance Law for the Construction Industry is divided into four clear sections for ease of reference. It begins with an exposition of the principles of insurance law and then describes in detail the typical clauses found in insurance policies, the policies to be taken out by standard form construction contracts and how insurance is distributed and regulated. The many strands of insurance law are expertly drawn together to provide an excellent point of reference for all those working in this sector.
On Complicity And Compromise
by Chiara Lepora Robert E. Goodin'Taxpayers are complicit in the illegal wars waged by their governments.' 'Corporations are complicit in human rights abuses perpetrated by their suppliers.' 'Aid workers who compromise with militias are complicit in their reign of terror.' We hear such allegations all the time. Yet there are many ways of being mixed up with the wrongdoing of others. They are not all on a par, morally; some are worse than others. Furthermore, complicitly contributing to wrongdoing, while still wrong in itself, might nonetheless be the right thing to do if that is the only way to achieve some greater good. Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity: carefully cataloguing their many varieties; identifying the dimensions along which those differ; and explaining why some are morally more worrying than others. Lepora and Goodin summarize their analysis in a formula that can be used as a decision heuristic for assessing any given act of complicity. They go on to illustrate its practical usefulness by applying it first to some stylized philosophical examples and then, in a more sustained way, to two vexing cases of complicity in the real world: the complicity of humanitarian aid organizations with genocidaires controlling Rwandan refugee camps; and the complicity of physicians treating patients who are being subjected to torture. Both rigorous and rooted, this is a book for philosophers and practitioners alike.
Blackstone's Guide to the Anti-Terrorism Legislation (Blackstone's Guides)
by Professor Clive WalkerThis new edition of the Blackstone's Guide to the Anti-Terrorism Legislation provides expert explanation of the key anti-terrorism legislation. It offers comprehensive guidance on the effects, extent, and scope of the legislation, along with key extracts from the legislation, including the Terrorism Act 2000, Anti-Terrorism, Crime and Security Act 2001, Terrorism Act 2006, the Justice and Security (Northern Ireland) Act 2007, the Counter-Terrorism Act 2008, the Terrorist Asset-Freezing etc. Act 2010, and the Terrorism Prevention and Investigations Measures Act 2011 . The book is clearly organized with separate chapters on counter-terrorist powers, terrorist investigation, terrorist offences and special criminal processes. It highlights important case-law relating to the jurisprudence of human rights. It further explores public perceptions of counter-terrorism measures, desistence from terrorism, and the developing issue of terrorism and the internet. Statistical data is given in all chapters, and there is also analysis and critique of official documents and the reviews from Parliament and the Independent Reviewers of Terrorism Legislation. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. They offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
Privity of Contract
by Michael Furmston Gregory TolhurstThis book, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore). The work opens with a history of development of the privity rule and its place in English up to the enactment of the Contract (Right of third parties) Act 1999. The books considers common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. There is also consideration of the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promise where the loss suffered by reason of a breach of contract has been incurred by a third party. The final chapters consider the position under the Contract (Right of third parties) Act 1999 and look at the international position, considering work undertaken by UNIDROIT. This book fills a gap for a more thorough examination of the law of privity and is written by two well-known and experienced authors on contract law.
Privity of Contract
by Michael Furmston Gregory TolhurstThis book, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore). The work opens with a history of development of the privity rule and its place in English up to the enactment of the Contract (Right of third parties) Act 1999. The books considers common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. There is also consideration of the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promise where the loss suffered by reason of a breach of contract has been incurred by a third party. The final chapters consider the position under the Contract (Right of third parties) Act 1999 and look at the international position, considering work undertaken by UNIDROIT. This book fills a gap for a more thorough examination of the law of privity and is written by two well-known and experienced authors on contract law.
Annotated Companies Legislation
by Nigel Boardman Robert Hildyard Robert Miles QcAnnotated Companies Legislation is the only single volume commentary with a complete set of company law materials. It draws together in one place all you need to know about the legislation with substantive and high-quality commentary in a section-by-section format. With a high quality author team from a mix of disciplines, this guide to the Companies Act 2006 and surviving parts of older legislation is easy to navigate and value for money. Annotated Companies Legislation has also recently been cited in the High Court judgment Eckerle & Ors v Wickeder Westfalenstahl GmbH & Anor [2013] EWHC 68 (Ch) (23 January 2013). _ The third edition provides up-to-date analysis on all recent developments and new case law such as Bain v The Rangers Football Club plc [2011] CSOH 158. By popular demand the book now includes the whole of Part VI of the Financial Services and Markets Act 2000 with detailed commentary on the prospectus provisions. The commentary to section 894 has been updated to refer to the likely changes resulting from the proposed amendments to CA 2006, Part 25 which will introduce a UK wide system of registration for company charges. Part 15 and the relevant commentary has been significantly amended to cover the increased exemptions from audit for small companies. This one-stop resource provides guidance on the interpretation of the law and the impact of changes made by the Companies Act 2006 by reference to case law, Hansard and Committee Reports, as well as including copies of all substantive secondary material. Usability is enhanced for quick and easy research with the inclusion of derivation and destination tables easing navigation around the 2006 regime, and the book is organised according to the topics covered in the Parts of the 2006 Act, with paragraph numbers referencing the Parts and sections of the Act, designed with the user in mind. The third edition continutes to be a much-needed fresh commentary on the companies legislation. It provides a single, convenient and portable volume and is the complete companion to company law for all corporate, M&A, and insolvency lawyers.
Identifying the Enemy: Civilian Participation in Armed Conflict
by Emily CrawfordOver the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are. Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.
Identifying the Enemy: Civilian Participation in Armed Conflict
by Emily CrawfordOver the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are. Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.
The Limits Of Kindness
by Caspar HareCaspar Hare presents a novel approach to questions of what we ought to do, and why we ought to do it. The traditional way to approach this subject is to begin by supposing a foundational principle, and then work out its implications. Consequentialists say that we ought to make the world impersonally better, for instance, while Kantian deontologists say that we ought to act on universalizable maxims. And contractualists say that we ought to act in accordance with the terms of certain hypothetical contracts. These principles are all grand and controversial. The motivating idea behind The Limits of Kindness is that we can tackle some of the most difficult problems in normative ethics by starting with a principle that is humble and uncontroversial. Being moral involves wanting particular other people to be better off. From these innocuous beginnings, Hare leads us to surprising conclusions about how we ought to resolve conflicts of interest, whether we ought to create some people rather than others, what we ought to want in an infinite world, when we ought to make sacrifices for the sake of needy strangers, and why we cannot, on pain of irrationality, attribute great importance to the boundaries between people.
The Common European Sales Law in Context: Interactions with English and German Law
European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.