Current Books

Towards an 'International Legal Community'?

Edited By: Colin Warbrick, Stephen Tierney
Published: June 2006

In this collection of essays, a number of the UK's leading international legal theorists consider whether, in light of contemporary legal, economic and political challenges which the state faces, state sovereignty can continue to be viewed meaningfully as a legal principle, the legitimacy of which is generated merely by the factual condition of a state's existence; or whether in fact the international legal system is now better viewed as a self-generating and increasingly sovereign force, founded upon an incipient 'international legal community' which has in large measure redefined state sovereignty as a lower order principle both contingent upon and attenuated by the normative authority inherent in this nascent 'community'. Can we now speak of international law as an embryonic 'quasi-constitutional' system, generated by an international legal community? If so, has this community, although finding its historical origins in the aggregated will of states, assumed a new and immanently-generated legitimacy which is no longer dependent upon state consent for its validity and authority?

Prices
Member: £51
Non-Member: £85

Invalidity and the Law of Treaties

Don Greig
Published: May 2006

The invalidity of treaties is a topic which is scarcely dealt with in legal literature and much the same is said of the separability of invalid treaty provisions. Invalidity and the Law of Treaties is designed to rectify this neglect. It deals with the consideration of the topics by the International law Commission and how the Commission failed to pick up the defects in its own recommendations, particularly with regard to the difficulty of applying separability to several of the invalidity provisions. It also includes a discussion of the powers of the Security Council as they might affect the validity of a treaty.

Prices
Member: £21
Non-Member: £35

Testing the Boundaries of International Humanitarian Law

Edited By: Susan C Breau, Agnieszka Jachec-Neale
Published: March 2006

This new book explores the important and topical subject of 21st century conflict and the implications for international humanitarian law. Areas covered include in-depth analyses of such topical issues as terrorism and complex security situations, legal fault-lines, contemporary warfare, post-conflict management and in particular problems relative to occupation, interrelations between humanitarian law and human rights, and the Security Council use of IHL. A special part is dedicated to the creation and role of the Iraqi Special Tribunal

Prices
Member: £39
Non-Member: £65

Investment Treaty Law

Edited By: Federico Ortino, Audley Sheppard
Published: February 2006

In 2004 The British Institute of International and Comparative Law established its Investment Treaty Forum with the principal objective of carrying out applied research, analysis and policy discussion in the field of investment treaty law and arbitration. As part of its research activities, the Forum held two major conferences in 2004: Appeals and Challenges to Investment Treaty Awards: Is it Time for an International Appellate System? and The Relationship between Local Courts and Investment Treaty Arbitration. This publication records the presentations given by some 40 experts in the field as well as the ensuing debate on these two interesting and complex topics, making available an abundance of insights and ideas at a time when the need for addressing the systemic challenges of treaty investment law becomes ever more acute.

Prices
Member: £36
Non-Member: £60

Current Competition Law Volume IV

Edited By: Philip Marsden, Michael Hutchings OBE
Published: December 2005

Original price:£100

Website sale price: £50

This book is a collection of papers and speeches given at our main competition law events during 2004-2005, in particular:

• the Institute's annual conference on merger control in December 2004;
• a conference we held on October 2004 on comparative issues in competition litigation; and
• our two-day trans-Atlantic Antitrust Dialogue in May 2005.

Areas covered include in-depth analyses of such topical issues as cartels, pricing practices and mergers, and provide comparative perspectives from European and North American experts, as well as important statements of policy by competition officials.

Prices
Member: £30
Non-Member: £50

Global Financial Sector Development

Edited By: Joseph J Norton, Dr Christos Hadjiemmanuil
Published: October 2005

It is now axiomatic that a priority policy and practical goal of countries?developed and developing?is the creation and maintenance of viable, robust, yet stable financial markets (bank, capital, insurance, mortgage, and pension) for the purpose of fostering broader, sustainable economic growth and development. To achieve such financial markets requires significant financial infrastructure law reform and related technical assistance. This volume endeavours to capture a selection of the main developments in the area on an international, regional, and major country basis.

Prices
Member: £57
Non-Member: £95

WTO Law and Process

Edited By: Mads Andenas, Federico Ortino
Published: August 2005

The 10th anniversary of the WTO and of its successful dispute settlement mechanism in 2005, provides the opportunity for a review of how to improve the efficiency and legitimacy of WTO law and process. The present book collects the papers and discussion at the last three British Institute Annual WTO Conferences (2002-2004), where judges, officials and policy-makers of different sorts meet with the established scholars and more recent recruits to the discipline. Topics covered include the jurisprudential and procedural features of the dispute settlement system, institutional issues such as the allocation of powers between different organs within the WTO as well as between the organization and its members, the relationship between the WTO legal system and international law, compliance issues, the interrelation between trade liberalization and other non-trade concerns such as environmental protection and labour standards. 'This book makes available an abundance of insights and ideas at a time where the need for addressing the WTO future institutional challenges has been brought to the fore.'

Prices
Member: £48
Non-Member: £80

Enforcement Agency Practice in Europe

Edited By: Mads Andenas, Burkhard Hess
Published: July 2005

How far is Europe from an area of 'free movement' of judgments in the same way that there is free movement of goods, persons, services and capital? Just as the free movement of goods has required the harmonization of standards relating to the manufacture and distribution of goods, the free movement of judgments will require the harmonization of procedural standards and the creation of new interfaces between systems. Focus has been on the mutual recognition of judgments. The next stage is the actual enforcement of a legally enforceable judgment, and this book is the first major contribution to comparative scholarship on this topic. The differences between the systems of civil procedure in the European Member States are deep-seated and relate in particular to different approaches to judicial organization. The development of appropriate rules for the European Judicial Area is a complex task. Practitioners typically do not have the time or the incentive to explore the reasons for the difficulties they face in cross-border disputes. Policy makers lack input from practitioners. A framework needs to be created within which detailed comparative information can be provided on subjects that are of interest to policy makers so that structural differences can be properly taken into account. This book examines the structure, status and procedures of enforcement agencies in Europe and the implications for individuals and companies in seeking to enforce a judgment in the European Judicial Area. The project is part of a more ambitious programme and a research network on European civil procedure based at the British Institute of International and Comparative Law.

Prices
Member: £51
Non-Member: £85

Tradition and Europeanization in Italian Law

Guido Alpa
Published: May 2005

Guido Alpa's Tradition and Europeanization in Italian Law provides a fascinating insight into the interplay between the different European legal traditions and the process of Europeanization. The book takes the reader on a voyage through the fundamental problems of European law, drawing on Professor Alpa's learning in the laws of other countries, and also in European Union and European Human Rights law.

Prices
Member: £39
Non-Member: £65

Human Rights Manual and Sourcebook for Africa

Keir Starmer QC, Theodora Christou
Published: May 2005

This critical manual is the first of its kind for the African Region and will prove an invaluable resource to Human Rights practitioners, academics and interested parties. At a time when the issue of human rights in Africa is making many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure. The Africa section looks at 13 countries in depth while the manual and all the jurisprudence covers the whole region.

Prices
Member: £90
Non-Member: £150