Current Books

A Guide to International Law Careers

Anneke Smit, Christopher Waters
Published: January 2010

The experience of many students studying public international law at university is, 'This is fascinating, but what can I do with it? While this Guide in no way detracts from the more intangible reasons to study international law, it is practically focused and explores the options available to law graduates beyond traditional or domestic law career paths.

The range of possible careers is vast-from human rights to investment law and from the courtroom or boardroom to the refugee camp-and the Guide offers a step-by-step approach to considering whether and how to pursue a career in one of these areas. The essential message is that international law jobs are out there and attainable if approached strategically and with perseverance.

The text-written as a series of questions and answers-is supplemented by practitioners' views and experiences, and appendices containing concrete information on the most useful internships, short courses and Master's programmes.

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Member: £15
Non-Member: £25

Medicinal Bioprospecting:Policy Options for Access and Benefit-Sharing

Aphrodite Smagadi
Published: August 2009

The production of medicines, pharmaceutical and herbal, involves the sourcing of both genetic resources in the natural environment, and local knowledge. Sourcing substances for medicines in the natural environment is known as biodiversity prospecting or 'bioprospecting'. To ensure that benefits resulting from medicinal bioprospecting are brought to those ultimately bearing the costs of conservation and sustainable use, there must be a focus on indigenous peoples' rights-particularly property rights, whether to land, genetic material, intellectual property, or traditional medicinal knowledge.

This study considers the importance of access and benefit-sharing agreements as incentives for biodiversity protection. It analyses the meaning of the objectives set by the Convention on Biological Diversity (CBD) for its implementation, examines selected domestic access and benefit-sharing measures and industry practices and, finally, evaluates the discussions taking place in international fora regarding the Convention and its principles. Finally, it attempts to make recommendations on how to realize the objective of the Convention for 'fair and equitable' benefit-sharing, focusing on enhanced protection of indigenous peoples' rights.

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A Gap in the Enforcement of Article 82

Ioannis Kokkoris
Published: June 2009

The European Commission has acknowledged and respected, in Regulation 1/2003, the ability of the Member States to apply stricter rules than Article 82. There are some types of conduct that cannot be addressed by Article 82 because the undertakings involved are not dominant. One relates to conduct by non-dominant firms against other firms in weaker bargaining positions. A second type of conduct, and the focus of this book, relates to the anti-competitive conducts that non-dominant firms may adopt towards consumers (eg price discrimination, excessive pricing). This book focuses on instances where non-dominant firms have the ability to behave independently of customers and competitors and adopt conducts which will induce consumer harm.

The Commission cannot address anti-competitive conduct of non-dominant firms which induce significant consumer harm. This has resulted from the application of the dominance concept and from the dependence of a finding of a dominant firm on the market share of the firm. The aim of this book is to illustrate that applying the concept of dominance in that way means that a non-dominant firm in a differentiated market can adopt anti-competitive conducts and not be deterred by the possible application of Article 82.

'This book raises interesting questions concerning competition policy, and more specifically the scope of enforcement under Article 82. It also examines the concepts of superior bargaining power and abuse of economic dependence and discusses how some national jurisdictions in the EU have attempted to address these issues. I am sure that my Commission colleagues and I would strongly agree with Ioannis Kokkoris on some issues and strongly disagree on others. But I very much welcome his lively contribution to this important debate.'

Philip Lowe
Director-General
DG Competition-European Commission

Dr Ioannis Kokkoris is a Principal Case Officer/Economic Advisor in the Mergers branch of the Office of Fair Trading. He is also a Visiting Lecturer at City University Law School and a Visiting Fellow at Durham University in the UK. He has conducted research at Harvard Law School and recently returned from the US Federal Trade Commission where he worked as a Consultant.

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Member: £36
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The Public-Private Law Divide: Potential for Transformation?

Matthias Ruffert
Published: May 2009

Administrative law has been the object of thorough reforms in many European countries. Most of the developments are common to the various legal systems, such as the idea of New Public Management or new patterns like public choice and consumer orientation. There are novel agencies and regulatory concepts, there is deregulation, and the citizen-government relationship has been changed towards openness and mutuality.

Various administrative legal systems' modifications are different with respect to their starting points, but similar in their development. Administrative law scholarship has taken up these challenges. The core scientific development is a shift away from the control (ie courtroom) perspective towards a perspective of governance ('Steuerung' in the German terminology). Administrative law should provide means, tools and scales which allow for the effective implementation of legal principles and rules, using resources economically and taking sound decisions which are acceptable to those affected. It is also indispensable to adopt an interdisciplinary perspective. Considering all these developments, it is fair to talk about a 'New Administrative Law scholarship' (Neue Verwaltungsrechtswissenschaft) as a scientific approach.
In the different European countries, debates on that transformation of administrative law take place from a national perspective and with different intensity. Given the considerable effects such discussion may have on the methods of administrative legal scholarship, an analysis of the developments in a European context promises valuable results.

This volume comprises the results of the second workshop of the Dornburg Resarch Group of New Administrative Law which took place in London in May 2007. The group scrutinized the public-private law divide in a comparative manner based on the reform approach.

The Dornburg Research Group of New Administrative Law was founded at Dornburg Castle near Jena, Germany, in 2005. Its purpose is a long-term transnational exchange of ideas between administrative law scholars from various European jurisdictions.

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Agriculture and the Polluter Pays Principle

Margaret Rosso Grossman
Published: May 2009

This volume introduces the reader to the polluter pays principle and addresses the application of the principle to agricultural activities in a number of nations in the EU and

The polluter pays principle requires the polluter to bear the expense of preventing, controlling and cleaning up pollution. Agricultural practices result in both benefits and burdens to the environment-it often provides attractive rural landscapes and preserves valued habitats, but emissions from agricultural operations (livestock wastes, agricultural chemicals) may pollute water, air and soils or degrade habitat and landscape.

The time is opportune, therefore, to evaluate the application of the polluter pays principle to agricultural activities Application of the principle to agriculture has raised particular difficulties, in part because the diffuse nature of emissions from agriculture poses regulatory obstacles and because agriculture is sometimes exempt from environmental controls that apply to other industries. Society's recent focus on environmental harms from agriculture, however, suggests that lawmakers may enact more stringent regulation.

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The Temporal Scope of Investment Protection Treaties by Nick Gallus

Nick Gallus
Published: February 2009

The Temporal Scope of Investment Protection Treaties addresses all aspects of investment protection treaty tribunals' temporal jurisdiction. Specifically, the book examines: the application of the temporal rule to investment protection treaties, including the aspect of the rule providing that a State cannot breach a treaty through acts occurring before the treaty comes into force; circumstances under which a State can breach a treaty through continuing or composite acts beginning before the treaty comes into force; the consequence of State acts after the treaty is signed but before it is ratified; time limits; and disputed arising before an investment protection treaty comes into force.

The book draws from investment protection treaty decisions, as well as relevant decisions of other international tribunals, and is, therefore, not only a resource for investment protection treaty practitioners, arbitrators, academics and students, but also for those interested in the temporal jurisdiction of any international tribunal.

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Member: £36
Non-Member: £60

Evidence before the International Court of Justice by Anna Riddell and Brendan Plant

Anna Riddell, Brendan Plant
Published: February 2009

Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study by the British Institute of International and Comparative Law on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts in detail, in both contentious and advisory proceedings, from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace.

Considerations of flexibility and respect for the sovereignty of the State Parties before it have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases in which a thorough consideration of the facts has been essential has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an incerasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench.

This book examines the history and development of the treatment of evidence since the early days of the PCIJ up to the recent Nicaragua v Honduras judgment, critically analysing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions and academic writings on the subject. It aims not only to provide an academic discussion of the subject, but also to act as a guide to practitioners appearing before the Court.

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Investment Treaty Law Current Issues I,II and III

Published: February 2009

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Non-Member: £170

Investment Treaty Law: Current Issues III

Andrea K Bjorkland, Ian A Laird and Sergey Ripinsky
Published: February 2009

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them.

The Forum held two conferences in 2007: the present volume compiles the papers presented at the conferences as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment arbitration that featured some of the foremost authorities on the subject.

Part I of the book is devoted to remedies, compensation and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Papers in Part II address the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

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Damages in International Investment Law

Sergey Ripinsky with Kevin Williams
Published: November 2008

The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions of international law. This volume addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The result of a two-year research project carried out at the British Institute of International and Comparative Law, this book is the first to examine the subject in a systematic, comprehensive and detailed manner.

The authors provide a much-needed balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analysis of the most recent investment treaty case law, other relevant practice, both international and national, is reviewed. Thorough, well-organised and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitration.

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Member: £54
Non-Member: £90