Current Books

Building Peace in Post-Conflict Situations

Faria Medjouba
Published: January 2012

How can peace be effectively achieved after conflict? Experts from academia and practice explore in this book examples of post-conflict resolution and its history as well as issues pertaining to different mechanisms to achieve national reconciliation whether via courts, truth and reconciliation commissions and international prosecution.
In the first section of this book, 'beyond the courts' mechanisms are analysed: apologies, truth and reconciliation commissions, and amnesties. The case studies section of the book is based on reports of field missions organised by the British Institute of International and Comparative Law in the following post-conflict States: Cambodia, Sierra Leone, and Bosnia and Herzegovina. Then, legal issues in international prosecution such as selectivity, and the effect of international prosecution and domestic courts are discussed. Finally, the issue of reparation for victims is explored with specific regard to women and children.

This book forms part of the ATLAS project (Armed Conflicts, Transitional Justice, Peacekeeping: Law as Solution) which is funded by the 7th Framework Programme of the European Commission. It has a great appeal to many and is particularly relevant to students, academics and practitioners in the field of international law and human rights law in post-conflict States.

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Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective

Nisrine Abiad, Farkhanda Zia Mansoor
Published: January 2011

By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book aims to identify possible harmonization between the obligations of international human rights law (eg the UN Convention on the Rights of the Child) and the criminal justice systems within each State, particularly Islamic law (Sharia).

This book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, and the United Kingdom. Among other issues, the authors discuss:

• The definition of 'child' in criminal law
• Rights for child offenders under international law (UNCRC, the Beijing Rules)
• Rights of the child under Islamic regional instruments
• Islamic law as it relates to child offenders
• The age of criminal liability
• The death penalty
• The role of the judiciary in criminal cases within Muslim jurisdictions
  

Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented, and the role of the judiciary in expanding the protection of juvenile offenders.

'Inspiring...I found this treatise to be interesting and even enlightening. Its study by lawyers, judges, social scientists and academics will broaden their outlook on these important aspects of our legal system.' -Justice Ejaz Afzal Khan, Peshawar High Court

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The Rule of Law in International and Comparative Context

Robert McCorquodale
Published: November 2010

The maintenance and promotion of the rule of law is of fundamental importance for the human dignity and well-being of people everywhere, providing the foundations for good governance, an effective economy and a fair society, and affecting the daily lives of people around the world. Its relevance extends across a wide range in the affairs of people and states: in the laws of armed conflict; laws outlawing corruption and governing constitutional affairs; in energy and environmental rights; the respective roles and powers of the various arms of government and agencies at national, regional and international level; the independence of the judiciary; and in human rights.

This book explores some key issues concerning the rule of law in the international and comparative context, clarifying key aspects of the rule of law and applying them to real life examples across the world, including:

- the impact of business on human rights;
- anti-competitive practices and the role of the European Union bodies;
- the development of international investment law;
- the use of comparative law to inform national decision-making; and
- the effects of international criminal law and practice.

The analysis is given by some of the leading lawyers in the world-Yves Fortier, Mary Robinson, Jane Stapleton, Keir Starmer and Lord Bingham-as well as the senior researchers of the British Institute of International and Comparative, as it celebrated 50 years of promoting the rule of law in an international and comparative context.

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Markets and Comparative Law

Guido Alpa
Published: November 2010

Available for the first time in English, in this latest collection of essays Guido Alpa brings his cosmopolitan approach to current issues in European, private, and commercial law. Covering a broad range of topics, Alpa provides thought-provoking discussion and insight on the themes of legal harmonization and the influence of comparative law on the evolution of legal forms. Accessible and informative, he writes with unique authority on current developments and issues regarding fundamental rights, the World Bank, contract law, family law and changing social norms, and the effect of modern human rights instruments on private law to name just a few-illuminating different solutions to common legal problems. His observations are an essential addition to the existing literature on European private law, and readers will benefit not only from his own deep interest and research in law but the breadth of his expertise in history, classics, literature and politics

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40 Years of the Vienna Convention on the Law of Treaties

Alexander Orakhelashvili, Sarah Williams
Published: November 2010

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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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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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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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