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  • Hart Publishing, Oxford - Good books for lawyers
    require the court to abide by the jurisdiction rule even though it is being used by one of the litigants to achieve an unfair result for example to delay adjudication on the merits Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping thus ruling out the European provision on jurisdiction Recent litigation in the ECJ has yielded rather even excessively restrictive answers ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions if such discretion were provided for by the lex fori the Gasser case the Turner case and the Owusu case This series of rulings from the ECJ raises several questions Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts relying on the legal traditions of EC Member States usually providing for corrective mechanisms such as forum non conveniens in English Law and exception de fraude in French Law in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage thus practising unacceptable forum shopping The time has now come for an analysis under both

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137834 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Better Regulation First Edition Edited by Stephen Weatherill The discourse of Better Regulation is a hot topic intimately associated with the drive for cost savings and a more efficient economy In the UK and in the EU rule makers have lately endeavoured to achieve a more satisfactory balance between the demands of proper protection from market failure and inequity on the one hand and commercial freedom and the potential for innovation on the other But who is the regulator listening to and what effect does this have on the regulatory pattern governing the integrating EU market What is best practice in the matter of regulatory assessment The essays in this collection explore these and other questions and will foster greater understanding of UK and EU regulation the accountability issues involved and problems of enforcement It is no coincidence that since efforts to construct a Constitution for Europe have stalled the attention of policy makers politicians and the business community has turned instead to the quest for Better Regulation or perhaps it might be said a Better European Union Stephen Weatherill is Jacques Delors Professor of European Law at Oxford University and a Fellow of Somerville College Hardback June 2007 9781841137155

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137155 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    parliaments but there is some consensus that these hopes have not been entirely fulfilled At the same time the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges How should they react to the new forms of executive and administrative action Should they play a role in upholding judicial independence although the latter is frequently seen as independence from parliament as well as the executive How should they contribute to the protection of fundamental rights The book aims at providing some answers to these questions by first setting the historic scene giving a comparative overview of the modern history of a selection of major European deliberative institutions UK France Germany and the European Parliament The book then looks at themes around the doctrine of separation of powers especially aspects of the relationship between parliament and the executive power and parliaments role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective Katja S Ziegler is Sir Robert Jennings Chair in International Law at the University of Leicester Denis Baranger is Professor of Public Law at the Université Panthéon Assas Paris II Anthony W Bradley

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136431 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    today is much debated as an individual s right against real or feared intrusions by the state as exemplified by proposed identity cards and surveillance measures in the United Kingdom In contrast invasions of privacy by private individuals or bodies tend to arouse less concern This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello Campbell v MGN and Caroline von Hannover v Germany It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection such as intellectual property employment and media law It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights which serves as a focal point to UK Dutch German and European Communities law Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy The most notable is the definition of privacy in terms of the autonomy of the individual a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice Katja S Ziegler is Sir Robert Jennings Chair in

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137148 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    New Rules and New Techniques First Edition Edited by Stephen Weatherill Ulf Bernitz This book represents the fruit of a conference held in Oxford on March 3 2006 under the auspices of the Institute of European and Comparative Law in the Oxford University Law Faculty Directive 2005 29 is an important new measure in the construction of a legal framework apt to promote an integrated economic space in the European Union It establishes a harmonised regime governing the control of unfair commercial practices As such it represents an important exercise in the use of new rules and new techniques and therefore poses new challenges to EU lawyers The purpose of this book is to inform and to explore the issues raised by the Directive issues which are of academic and practical interest in helping to understand the evolution of European consumer law within the broader programme of European market regulation The intense practical significance of this Directive which heralds a new regime is likely to provoke commercial operators to seek to exploit opportunities to pursue practices previously suppressed Stephen Weatherill is Jacques Delors Professor of European Law at Oxford University and a Fellow of Somerville College Ulf Bernitz is Professor

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136998 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    contract law has lately become more pronounced Many areas of law from competition and consumer law to gender equality law are now the subject of determined efforts at harmonisation though they are perhaps often seen as peripheral to mainstream commercial contract law Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area European contract law is now taking shape with the Commission prompting a debate about what it might attempt A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance which sought the views of European businesses about the advantages and disadvantages of further harmonisation The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort The survey is embedded in a range of original and up to date essays by leading European contract scholars reviewing recent developments questioning progress so far and suggesting areas where further analysis and research will be required Stefan Vogenauer is Professor of Comparative Law at the University of Oxford a Fellow of Brasenose College

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135915 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of the public private divide in English Law but on the other hand its total acceptance as natural in French Law Then they go on to demonstrate that the two systems have converged the British one towards a certain degree of acceptance of the division the French one towards a growing questioning of it However this is not the only part of the story since both visions are now commonly

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136356 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Coming soon in the series see published books in the series Swedish Perspectives on Private Law Europeanisation First Edition Edited by Annina H Persson Eleonor Kristoffersson May 2016 160 pages Hardback 9781849466974 55 00 More info Add to basket CONTACT

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=Swedish%20Studies%20in%20European%20Law&SeriesFullTitle=Swedish%20Studies%20in%20European%20Law&Published=no (2016-02-13)
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