Current Books

Current Competition Law Volume V

Philip Marsden, Michael Hutchings OBE
Published: April 2007

This book is a collection of papers and speeches given at the following conferences of the British Institute's competition programme in 2005-2006:

• the Annual Merger Control Conference (November 2005);
• a conference on the Reform of Article 82 (February 2006);
• the annual Competition Litigation Conference (February 2006); and
• the annual two-day Trans-Atlantic Antitrust Dialogue (July 2006).

Research papers written by the British Institute's Competition Law Forum on private actions, reform of Article 82, and consumer detriment are also included.

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

Prices
Member: £63
Non-Member: £105

Current Competition Law Volumes I–V

Published: April 2007

This five-volume collection contains papers and discussions from the Institute's competition law programme from 2002 to 2007.

Areas covered by Current Competition Law 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: £120
Non-Member: £200

UKNCCL 16-volume set

Published: January 2007

This collection contains 16 volumes published by the United Kingdom National Committee of Comparative Law, including:

• Social Security and Family Law
• Trusts and Trust-Like Devices
• Comparative Product Liability
• The Effect of Treaties in Domestic Law
• United Kingdom Law in the 1980s
• United Kingdom Law in the 1990s
• Cross-Border Insolvency: Comparative Dimensions
• Governmental Liability: A Comparative Study
• The Option of Litigating in Europe
• UK Law in the mid-1990s (part 1)
• UK Law in the mod-1990s (part 2)
• The Limits of Restitutionary Claims: A Comparative Analysis
• The Europeanisation of Law
• UK Law for the Millennium
• Comparative Law Facing the 21st Century
• Studies in UK Law 2002
• Judicial Comparativism in Human Rights Cases

Prices
Member: £90
Non-Member: £150

European Banking Law

George Alexander Walker
Published: December 2006

This book is concerned with the nature and content of the underlying policy that has been developed within Europe in the banking and financial law area. While banking and financial markets constitute essential commercial sectors within Europe in their own right as well as provide a number of fundamental support services within any national economy, this is an area that has been given little dedicated attention until now. Only recently, have the importance of financial markets and financial integration within Europe (and elsewhere) been properly and fully realized. This publication attempts to understand the origin, evolution and legal validity of the core policy components involved in securing this integration within Europe and explore the operational effectiveness and value of the final financial programme constructed. This is a seminal work in the area of cross-border and regional banking and financial integration.

Prices
Member: £57
Non-Member: £95

Corporate Governance Post-Enron: Comparative and International Perspectives

Joseph J Norton, Jonathan Rickford
Published: November 2006

No sooner than the Enron scandal (and other major US corporate failures unfolded) it became apparent the sundry issues of corporate governance that were being brought into question and deliberation were not simply issues peculiar to the US corporate governance context (which are covered in detail in this volume by leading US experts), but were of major concern also throughout Western Europe (aspects which are governed by UK, Italian, French and Scandanavian experts and which touch upon European scandals such as Parmalat). In fact, the corporate governance issues of the Enron débâcle are of a broader 'global concern', where the experiences of developing, emerging and transitioning economies present their own special perspectives and lessons to be learned (here experts from Russia and East Asia make significant contributions). In addition, the increasing interconnection of law and accounting rears its head as being of core importance-another topic that is discussed in detail throughout this volume. Further, special types of corporations (eg regulated financial institutions) and transactions (eg mergers and acquisitions) generate their own additional issues: these are also covered within this book.

Prices
Member: £57
Non-Member: £95

Representational Fairness in WTO Rule-Making

Mohamed Omar Gad
Published: September 2006

Original price:£95

Website sale price: £60

This book examines representational fairness in WTO rule-making. The context of examination is the pharmaceutical-related provisions of the TRIPS Agreement and the interests of developing countries and pharmaceutical multinational enterprises therein. The book analyses the negotiation and implementation periods of the specified TRIPS provisions and the legal disputes that arose, covering the period from the mid-1980s, until the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in November 2001.

An imbalance reflected in the negotiated text in favour of pharmaceutical MNEs' interests during the negotiation process is characterized as 'top-down' rule-making. Reacting to this, developing countries exerted pressure from the 'bottom up' hindering the implementation of these TRIPS provisions. This retorting action, while instilling a degree of balance, congests the TRIPS regime and the larger WTO system with additional dispute proceedings leading to strains in North-South relations. The volume concludes with selective suggestions focusing on the rule making process of the WTO and proposes measures to reduce the likelihood of a deficiency in representational fairness occurring in future negotiations.

Prices
Member: £36
Non-Member: £60

Independence, Accountability and the Judiciary

Guy Canivet, Mads Andenas
Published: July 2006

This new book explores the important and topical subject of judicial independence and judicial accountability. The tension between judicial independence and accountability leads to frequent controversy and even constitutional crises. Judicial independence and accountability are live issues in most countries. Modern constitutions (and international treaties establishing international courts) will have provisions about the independence of courts and judges. International law and principles are becoming increasingly important sources for the application of the independence principle. The different national solutions, and also those found for international courts, vary considerably. Presently, anti-terrorist measures adopted by national executives and legislatures continue to test judicial independence. The constitutional bases for judicial review, and on several levels, the court systems too, are in a process of change.

This book meets the need for comparative law material and analysis. Contributions from distinguished practitioners and academics place judicial independence and accountability within a comparative law perspective, showing how legal systems across the world have adapted to recent developments in this field.

Prices
Member: £48
Non-Member: £80

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