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Transcript of Law Books Catalogue
2015
THE UNIVERSITYof EDINBURGH
LAW
LAW
www.euppublishing.com2
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TextbooksBooks marked textbook are available to lecturers on inspection. Request your copy using the order form at the back, or email [email protected] with the course and book details.
ContactsCommissioning Editor Marketing ManagerJohn Watson Naomi [email protected] [email protected]
Legal Theory and Philosophy 4
International Law 7
Law and Asia 8
Edinburgh Studies in Law 10
Comparative Law 12
Energy and Environmental Law 14
Roman Law 15
Practical Guides 16
Scots Law 20
Study and Research Skills 25
Edinburgh Law Essentials 26
Journals 32
Index 34
Cover image: Abstract geometric molecular background.; Shutterstock
INTRODUCTION
Law 3
Welcome to our 2015 Law catalogue. We are delighted to announce the new Encounters in Law and Philosophy series, and its inaugural volume STASIS: Civil War as a Political Paradigm by the internationally renowned philosopher Giorgio Agamben (page 4). The series will explore what happens to the claims of law when it engages with continental philosophy.
2014 was a significant year for us – we acquired the excellent legal list from Dundee University Press and have been busy re-editioning key legal textbooks such as Scots Criminal Law by Pamela Ferguson and Claire MacDiarmid (page 20). We have rebranded the Dundee Law Essentials series – these iconic introductory textbooks are now Edinburgh Law Essentials and we hope you like the new cover design. Look out for Private International Law by David Hill and the third edition of Scottish Family Law by Kenneth Norrie (page 26).
We are also continuing our dedication to scholarly excellence in legal publishing with the respected Edinburgh Studies in Law series (page 10). 2015 will see the publication of a new comparative collection, Trusts and Patrimonies edited by Remus Valsan, and a two-volume set of the most-cited articles by John W. Cairns.
So expect to see some exciting legal publishing from Edinburgh in Scots law, legal history and philosophy, and fast-moving areas such as environmental law, business law and law and technology.
We are always on the lookout for new books to publish, so if would like to discuss your project, send me an email: [email protected].
John WatsonCommissioning Editor for LawEdinburgh University Press
PrivateInternational
Law
David Hill
E d i n b u r g h L a w E s s E n t i a L sEdinburgh Law EssEntiaLs Series editor: Nicholas Grier, Napier University
Edinburgh Law Essentials is a fresh series of concise study and revision guides for students of law in Scotland. Designed to provide a quick understanding, to support students through a course and as a time-saving revision guide, each title brings a particular topic into sharp focus.
Your guide to the rules and principles of scottish private international law
It is undeniable we now live in a global community. Whether through international business or personal relationships, problems of private international law (PIL) are now to the fore in almost every branch of private law. Even a relatively small business is likely to have a number of international suppliers and clients. Should there be a contractual dispute between a company based in Scotland and a supplier based in Germany, or the breakdown of a marriage between a Scottish man and an Australian woman who live together with their children in England, the challenge for PIL is to identify an appropriate jurisdiction and applicable law, and to facilitate the recognition and enforcement of judgments.
Private International Law is the concise guide to private international law, whether you are studying, revising or a practising lawyer looking for a summary of the law with regard to Scotland in relation to other jurisdictions.
Key Features• Describes the aspects of private international law specific to Scotland• Shows how judgments issued in one EU jurisdiction can be recognised and
enforced in another• Summary sections of essential facts and essential cases to help you to
identify, understand and remember the key elements• Covers the common law, statutes and EU Regulations (e.g. Brussels I,
Rome I) that apply to Scotland
david hill is a Lecturer in Law at Robert Gordon University, Aberdeen.
Private International LawD
avid Hill
9 781845 862343
ISBN 978-1-84586-234-3
Cover design: Stuart Dalziel
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THE UNIVERSITYof EDINBURGH
LEGAL THEORy AND PHILOsOPHy
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STASISCivil War as a Political ParadigmGiorgio Agamben, European Graduate School
Agamben’s genealogy of power in terms of political, philosophical and legal thought
Giorgio Agamben investigates the ongoing warfare that European state power has been waging against its most malignant enemy: civil war itself.
The survival of the state is seen to depend on its ability to preserve the political community from factional enmity. Agamben investigates first the classical Athenian theme of ’stasis’ – the city’s struggle against internal revolt. He then turns to a new reading of Hobbes’ Leviathan and its approach to the peril of the early modern English Commonwealth’s exposure to civil strife, division and revolution.
At the heart of this book is the issue of state powers in their continuous decline – an issue that is key to the renewal of political, philosophical and legal thought.
• An interdisciplinary exploration of the relations that form historically and theoretically between law and philosophy
• A unique simultaneous investigation into the laws of philosophy and the philosophies of law
• Focuses on the creativity of the legal and philosophical imagination in the face of the present social situation
• Explores legal and philosophical concepts and modalities in relation to the formation and intersection of institutional traditions, histories and ideas
• The first volume in the new Encounters in Law and Philosophy series
July 2015 56 pages6 b&w illustrations Pb 978 1 4744 0307 8 £11.99Hb 978 1 4744 0153 1 £40.00Encounters in Law and Philosophy
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Law 5
Agamben and PoliticsA Critical IntroductionSergei Prozorov, University of Helsinki
A critical introduction to Giorgio Agamben’s political thought that highlights its affirmative dimension
Focusing on the concept of inoperativity in the domains of language, law, history and humanity, Agamben and Politics systematically introduces you to Agamben’s political thought. Sergei Prozorov looks at Agamben’s insights in the wider context of contemporary philosophy and brings out the affirmative mood of Agamben’s politics.
• The first critical introduction dedicated to Agamben’s political thought
• Covers all of Agamben’s published writings, including his first philosophical works on ontology and ethics
April 2014 208 pagesPb 978 0 7486 7621 7 £24.99Hb 978 0 7486 7620 0 £75.00Thinking Politics
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Constitutional ViolenceLegitimacy, Democracy and Human RightsAntoni Abat i Ninet, University of Copenhagen
If constitutional legitimacy is based on violence, what does this mean for democracy?
Is a constitution the best device for ruling a country? Western political systems tend to be ‘constitutional democracies’, dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive public and legal sovereignties within constitutional democracies, using case studies from across the globe. Ninet challenges the American constitutional experience that has dominated western thought as a quasi-religious doctrine. And he argues that human rights and democracy must strive to deactivate the ‘invisible’ but very real violence embedded in our constitutions.
August 2014 192 pagesPb 978 0 7486 7538 8 £24.992012Hb 978 0 7486 6954 7 £65.00
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Lord KamesLegal and Social TheoristAndreas Rahmatian, University of Glasgow
Re-establishes the importance of the ideas and legal philosophy of Scottish jurist and philosopher Lord Kames
The Scottish jurist, judge, legal historian and philosopher Henry Home (1696–1782) took the title Lord Kames in 1752. In the 18th century, his books were influential and widely read; the educated classes and Enlightenment intellectuals in England, France and the German states were all familiar with his aesthetic and philosophical writings.
Andreas Rahmatian explains Lord Kames’ conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment. He looks at how Kames came to be one of the forefathers of comparative law, sociology of law, legal psychology and ‘legal science’ in its proper meaning, as distinct from ‘law’.
May 2015 558 pagesHb 978 0 7486 7673 6 £90.00
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Latour and the Passage of LawEdited by Kyle McGee, Independent Scholar and Lawyer
13 essays explore Bruno Latour’s legal theory from a variety of disciplinary perspectives
By engaging with the dominant schools of legal thought, Latour and the Passage of Law blazes a new trail across legal theory, philosophy of law, science and technology studies, literary criticism and political theory.
This volume initiates stimulating debates about the adequacy of theory to practice (and vice-versa), the importance of law to social order and politics, and the very nature of legality as imagined, designed and practiced today.
• Includes a responsive piece by Latour himself• Calls our foundational assumptions about law in society
into doubt and sets forth a positive programme for future interdisciplinary legal studies
• Reorients socio-legal studies in the direction of ‘socio-technical’ analysis
October 2015 312 pagesHb 978 0 7486 9790 8 £85.00Critical Connections
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INTERNATIONAL LAW
Law 7
The European Court of Human RightsImplementing Strasbourg’s Judgments on Domestic PolicyEdited by Dia Anagnostou, Panteion University of Social Sciences
Considers the domestic implementation of court’s judgments and their impact upon national laws, policies and institutions
These nine essays explore the domestic execution of the European Court of Human Rights’ judgments and dissect the variable patterns of implementation within and across states. They explore the bottom-up dynamics that allow marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices.
By adopting an inter-disciplinary perspective, this volume goes beyond the existing studies – mainly legal and descriptive – and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
August 2014 256 pagesPb 978 0 7486 7060 4 £24.992013Hb 978 0 7486 7057 4 £75.00
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The Politics of International Law and International JusticeEdwin Egede and Peter Sutch, both Cardiff University
A textbook introduction to the common issues in international law, politics and IR
‘A rewarding and highly engaging book that traverses the contentious interdisciplinary debates regarding the legalisation of world politics. Exploring a wide range of significant issues and shedding light on just how much international law, politics and justice have to offer each other, Egede and Sutch combine incisive powers of critical analysis with a wide vision of the transformations reshaping contemporary international affairs.’Patrick Hayden, University of St Andrews2013 392 pages
Pb 978 0 7486 3472 9 £24.99Hb 978 0 7486 3471 2 £80.00
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The European Union and South KoreaThe Legal Framework for Strengthening Trade, Economic and Political RelationsEdited by James Harrison, University of Edinburgh
Offers insights into EU–Korea relations and considers potential lessons for other bilateral and regional initiatives
This book contains contributions by European and Korean experts in international law who each examine a particular aspect of the legal framework for EU–Korea relations, analysing the scope and substance of the relevant legal rules, as well as the opportunities and challenges for future cooperation. The contributions cover a wide range of policy areas, including trade, competition and investment, as well as cooperation in non-economic areas, such as environmental protection and security policy.
• The first major study of the recently concluded South Korea–EU FTA and its implications for relations between the two partners
• An exciting collaboration between European and Korean authors with a range of knowledge and expertise in international law and EU law
• Analyses the key provisions of the South Korea–EU FTA in detail
• Identifies potential opportunities and challenges for future relations between the two partners, and the lessons for other countries looking to set up similar initiatives
September 2014 272 pagesPb 978 0 7486 6863 2 £24.992013Hb 978 0 7486 6860 1 £75.00
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Law 9
Contemporary Islamic Law in IndonesiaSharia and Legal PluralismArskal Salim, University of Western Sydney
The first ethnographic account of legal disputes, practice and institutions in post-tsunami Aceh
Indonesia has probably the fastest-changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-tsunami Aceh addresses the changes in both the national legal system and the regional legal structure in the province.
• Covers legal disputes surrounding inheritance, marriage and divorce, legislation and law-making, land, non-Muslims and Sharia, and religious courts
• Includes compelling legal case studies from the post-disaster situation
February 2015 232 pages10 b&w illustrations Hb 978 0 7486 9333 7 £70.00
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In Search of the WayLegal Philosophy of the Classic Chinese ThinkersWejen Chang, Academia Sinica, Taipei
What did classical Chinese thinkers have to say about Law in their search for the Way?
Wejen Chang brings a fresh perspective to the theories of the Confucian, Daoist, Moist and Legalist schools to help us to understand the historical roots of law, and Chinese law in particular, and the comparative lessons for us today.
• The first academic synthesis of Ancient Chinese legal philosophy
• Analyses eight classic Chinese thinkers: Confucius, Laozi, Mozi, Zhuangzi, Mencius, Xunzi, Shang Yang and Han Fei
• Includes extensive translations of key texts
In Searchof theWayLegalPhilosophyof the ClassicChinese Thinkers
From: MACKENZIE Rebecca <Rebecca.
Date: 2 December 2014 17:15:04 GMT
To: “Michael Chatfield
Subject: Chang revisions
HI Michael,
The author has resend his favourite
with alternate Chinese characters,
could you change the title and subtitle
so it is Upper/Lower case, initial caps,
or whatever the Correct Term is for
This.
Thanks!
Kate
Wejen Chang
September 2015 400 pagesHb 978 0 7486 6956 1 £125.00
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EDINBURGH sTUDIEs IN LAW SERIES
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Edinburgh Studies in LawSeries Editor: Elspeth Reid, University of Edinburgh
Published in association with the Edinburgh Law Review Trust, Edinburgh Studies in Law is a forum for high-quality academic writing on contemporary substantive law – private and public – and for legal theory and legal history.
See the full series online: www.euppublishing.com/series/esil
Law, Lawyers, and HumanismSelected Essays on the History of Scots Law, Volume 1
Enlightenment, Legal Education, and CritiqueSelected Essays on the History of Scots Law, Volume 2John W. Cairns, University of Edinburgh
A collection of the most influential essays on Legal History from the career of John W. Cairns
It is a mark of Professor John W. Cairns’ international eminence as a scholar of legal history that much of his prolific output has been published outside the UK and in a wide variety of journals and collections. As a result, many of his essays can be difficult to locate. Now, this collection brings together a selection of Cairns’ most cited articles in two themed volumes.
Volume 1, Law, Lawyers, and Humanism, covers the foundation and continuity of Scots Law from 16th- and 17th- century Scotland through the 18th century influence of Dutch Humanism into the 19th- century and the further development of the Scots legal system and profession.
Volume 2, Enlightenment, Legal Education, and Critique, links legal history and Scottish philosophy to the development of Scots law, dealing with broad themes such as the development of Scots law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law.
Volume 1July 2015 608 pagesHb 978 0 7486 8209 6 £60.00
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Volume 2July 2015 592 pagesHb 978 0 7486 8213 3 £60.00
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SERIES EDINBURGH sTUDIEs IN LAW
Law 11
The Consequences of PossessionEdited by Eric Descheemaeker, University of Edinburgh
The first coherent analysis of the laws surrounding possession from a comparative and historical perspective
How does law respond to the idea of ‘possession’? The volume comprises contributions from the civilian tradition, common law and mixed legal systems to give a rare comparative analysis of the laws surrounding possession.
• Written by an international set of contributors from jurisdictions including Germany, Italy, England, Quebec, Scotland and South Africa
• The first synthesis of theory on the subject of possessionMay 2014 256 pagesHb 978 0 7486 9364 1 £60.00
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Law Making and the Scottish ParliamentThe Early YearsEdited by Elaine E. Sutherland, Kay E. Goodall, Gavin F. M. Little and Fraser P. Davidson, all University of Stirling
The first wide-ranging critical analysis of law and policy legislative developments after the Scottish devolution settlement
This collection evaluates the legislative achievements of Scotland’s devolved parliament in its first decade: 1999 to 2009. 17 themed chapters, each dedicated to a discrete area of the law and written by an acknowledged expert in the field, evaluate what the Scottish Parliament has achieved, what it has failed to do and what might be done in the future.May 2014 432 pages
Pb 978 0 7486 9676 5 £24.992011Hb 978 0 7486 4019 5 £60.00
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EDINBURGH sTUDIEs IN LAW SERIES
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Trusts and PatrimoniesEdited by Remus Valsan, University of Edinburgh
Compares trust and patrimony laws in England, Scotland, Quebec and the Netherlands
This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, advancing how we understand the trust as a fundamental legal concept. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.
TRUSTSAND
PATRIMONIES
Remus Valsan
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alsan Edinburgh
EDINBURGH STUDIES IN LAW
EDINBURGH STUDIES IN LAWSeries Editor: Elspeth Christie Reid
Volume 14
Trusts and PatrimoniesRemus Valsan
A further collection of the most influential essays on legal historyfrom the career of John W Cairns
This second volume of two is a collection of essays on Scots law representing a selection of themost cited articles published by Professor John W Cairns over a distinguished career in legalhistory. It is a mark of his international eminence that much of his prolific output has beenpublished outside the UK, in a wide variety of journals and collections. Enlightenment, LegalEducation and Critique deals with broad themes in legal history, such as the development ofScots law through the major legal thinkers of the Enlightenment, essays on Roman law andmiscellaneous essays on the literary and philosophical traditions within law.
John W Cairns holds the Chair of Civil Law in the University of Edinburgh. He is co-editor (with Paul du Plessis) of two successful volumes in the Edinburgh Studies in Law Seriespublished by Edinburgh University Press: Beyond Dogmatics: Law and Society in the RomanWorld (2007) and The Creation of the Ius Commune: From Casus to Regula (2010).
9 780748 697748
ISBN 978-0-7486-9774-8
Logo reproduced by the kind permission of the Faculty of Advocates
748 eup Valsan_PPC_Layout 1 25/09/2014 06:49 Page 1
June 2015 320 pages3 b&w line art Hb 978 0 7486 9774 8 £60.00
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Private Law and Human RightsBringing Rights Home in Scotland and South AfricaEdited by Elspeth Reid, University of Edinburgh, and Daniel Visser, University of Cape Town
A comparative investigation into the revolution in private law in the era of human rights
Over the last decade, the mixed jurisdictions of Scotland and South Africa have shared a new and intense focus on human rights. Written by experts from both jurisdictions, this book examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives you a unique perspective by comparing the approach in these kindred legal systems, providing a benchmark for both.
2013 576 pagesHb 978 0 7486 8417 5 £120.00
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COMPARATIvE LAW
COMPARATIvE LAW
Law 13
Legally MarriedLove and Law in the UK and the US
Scot Peterson, Balliol College, University of Oxford, and Iain McLean, Nuffield College, University of Oxford
All the facts you need to know about marriage law, from its history to today’s debates same-sex marriage
Legally Married combines insights from history and law from the UK and Scotland with international examples of how marriage law has developed. Scot Peterson and Iain McLean show how many assumptions about marriage are contestable on a number of grounds, separate fact from fiction and explain the claims made on both sides of the argument over same-sex marriage in terms of their historical context.
2013 192 pagesPb 978 0 7486 8378 9 £19.99Hb 978 0 7486 8377 2 £65.00
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Commercial ArbitrationThe Scottish and International PerspectivesHong-Lin Yu, University of Stirling
Thoroughly analyses the Arbitration (Scotland) Act 2010 together with comparative international case studies
This two-part study looks at arbitration legislation in Scotland and the most important current issues arising from international commercial arbitration. The legal case studies compare Scots and international practice to provide you with practical insights into the various aspects of arbitration. The international practice chapters include UNCITRAL Model Law, UNCITRAL Arbitration Rules, institutional arbitration rules and International Bar Association arbitration guidelines.2011 320 pages
9 tables Pb 978 1 84586 107 0 £80.00
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ENERGy AND ENvIRONMENTAL LAW
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Deconstructing Energy Law and PolicyThe Case of Nuclear EnergyRaphael J. Heffron, University of Leeds
What makes for successful energy law and policy for nuclear power?
Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the US and the UK, Raphael J. Heffron looks at the development and formulation of energy laws and policies in civil nuclear energy. By deconstructing the constituent parts of these laws and polices within the complex and often controversial energy industry, he pulls out what has and what has not worked to suggest ways to improve in the future.
Raphael J. Heffron
Deconstructing Energy Law and PolicyThe Case of Nuclear Energy
What are the component parts of successful energy law and policy in the twenty-first century?
Energy law and policy is now, in the twenty-first century, undoubtedly a crucial component in the functioning of economies worldwide. Containing the effects of climate change through reducing carbon dioxide emissions is one of the greatest challenges of our modern world. However, many countries are currently struggling to construct effective energy policy that will deliver the energy infrastructure needed to reduce carbon dioxide emissions.
This book has at its core a focus on the development and formulation of energy law and policy in civil nuclear energy. The aim is to deconstruct the constituent parts of effective energy law and policy within a complex and often controversial energy industry and to provide lessons to improve the delivery of the central aims of law and policy, focusing on a deconstruction of what has and has not worked.
Key Features
• This is the first book that deconstructs energy law and policy • Informs the readers on the component parts of successful energy law
and policy • Offers new ideas that can be applied in the future • Uses nuclear energy sector as an example, the most complex of
energy sources • The nuclear energy sector has a broad appeal to the public, to
think-tanks and to a whole range of academics
Raphael J. Heffron is a qualified lawyer and Lecturer in Law at the University of Leeds and Associate Researcher at the Energy Policy Research Group, University of Cambridge. He has published in many energy law and policy journals such as: Oil, Gas and Energy Law; International Energy Law Review; Journal of World Energy Law and Business; Technology Forecasting and Social Change; Energy Policy; and Applied Energy.
Cover image: Skoreya, Abstract geometric molecular background. www.shutterstock.comCover design: Stuart Dalziel
9 780748 696666
ISBN 978-0-7486-9666-6
Deco
nstructing E
nergy Law
and P
olicy
Rap
hael J. Heffro
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February 2015 192 pages6 b&w illustrations34 tables Pb 978 0 7486 9668 0 £24.99Hb 978 0 7486 9666 6 £75.00
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Delivering Energy PolicyA ReaderEdited by Raphael J. Heffron, University of Leeds, and Gavin F. M. Little, University of Stirling
New ideas from experts on policy delivery in energy and environmental law and policy
From evaluating policy delivery on wind farms in Texas in the US to developing nuclear power in the Middle East, this book presents fresh thinking on key concepts and ideas on energy law and policy delivery.
• Brings together international perspectives from the sciences, law, politics, economics and engineering
• Sets out a new research agenda for a ‘debate on policy delivery’ among academics, policy-makers and industry
DELIVERINGENERGyPoLIcy
Raphael J. Heffronand Gavin Little
March 2016 224 pagesPb 978 0 7486 9679 6 £29.99Hb 978 0 7486 9678 9 £90.00
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ENERGy & ENvIRONMENTAL LAW
Law 15
Oil and Gas LawCurrent Practice and Emerging Trends2nd EditionEdited by Greg Gordon, John Paterson and Emre Usenmez, all University of Aberdeen
Analyses and critiques the key regulatory and contractual dimensions of the oil and gas industry
New chapters for this edition• Energy Security• Law and Technology in the Oil Field• Acquisitions and Disposals
This highly successful book brings together contributions from both academics and practising lawyers to consider how law governs and interacts with the mature hydrocarbon provinces.
2010 480 pages14 tables Pb 978 1 84586 101 8 £135.00
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ROMAN LAW
New FrontiersLaw and Society in the Roman WorldEdited by Paul J. du Plessis, University of Edinburgh
An interdisciplinary edited collection on social science methodologies for approaching Roman legal sources
Roman law as a field of study is rapidly evolving to reflect new perspectives and interdisciplinary approaches in research. This collection focuses on three larger themes which have emerged from these studies: Roman legal thought, the interaction between legal theory and legal practice, and the relationship between law and economics.
March 2014 256 pagesPb 978 0 7486 6820 5 £24.992013Hb 978 0 7486 6817 5 £75.00
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PRACTICAL GUIDEs
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Financial Planning for Older PeopleA Comprehensive Guide to Decision MakingJohn Kerrigan, Maxwell MacLaurin
A guide for law students, lawyers and financial advisors working with clients planning for older age
Many of us leave it all too late to plan for retirement, or are caring for elderly relatives and face difficult decisions. The legal complexities are daunting. This guide by John Kerrigan, a professional solicitor, clearly explains the issues and sets legal and finance professionals on the path to sound financial advice in the context of the law.
• Gives sound advice for planning for retirement and pension planning after retirement
• Covers difficult and taboo subjects, such as capacity, powers of attorney, authority to operate a bank account, intervention orders, financial and welfare guardianships, advance medical directives and care home fees
• Follows current case law and statutory positions in all cases
• Sets out key financial strategies: inheritance tax, strategies for lifetime mitigation, will planning and post-death tax planning
• Takes into account HMRC’s proposed changes to the taxation of Discretionary Trusts
• Discusses the Scottish Government consultation document on technical issues in relation to succession and the Scottish Law Commission’s major Report on Trusts (No. 239), both published in August 2014
Financial Planningfor Older People
A Comprehensive Guide to Decision Making
John Kerrigan
October 2015 250 pagesPb 978 1 84586 112 4 £60.00
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PRACTICAL GUIDEs
Law 17
International Commercial AgreementsAn Edinburgh Law GuideMichala Meiselles, University of Lyon Law School
A cross-disciplinary introduction to the complex world of international commercial agreements
When planning, negotiating and writing international commercial agreements, it is important to know exactly what essential issues need to be addressed. What considerations do you need to take into account when planning an agreement? What writing techniques will ensure that your contract is suited to your needs? What provisions should you include in such a contract?
Michala Meiselles answers these questions in an easy-to-use, clear and concise fashion, combining the most up-to-date material on the subject with an understanding of the learning needs of those approaching this subject for the first time. Whether you’re a business manager, lawyer or student, this is your go-to guide to drafting commercial agreements.
• With case studies, checklists, chapter overviews and end-of-chapter summaries of key points
• Includes templates of agreement clauses for you to model your own contracts on
• Written in easy-to-understand language • Relevant across different countries and jurisdictions
2013 336 pagesPb 978 0 7486 7904 1 £35.00Hb 978 0 7486 7903 4 £120.00
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PRACTICAL GUIDEs
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UK Company LawAn Edinburgh Law GuideNicholas Grier, Edinburgh Napier University
Explains how law creates, governs and protects companies in UK jurisdictions
The UK was one of the first countries in the world to devise legislation explicitly for companies. Even now, UK company law is recognised as being in the vanguard of good corporate practice.
Nicholas Grier provides an approachable and explanatory resource for those who want to understand company law in the UK. It covers how a company is formed, the salient parts of a company, the various rules and laws applying to company management and capital, how companies and their shares are bought and sold, and how insolvency procedures apply to companies.
• Covers UK law and explains the devolved differences in Scotland, Wales and Northern Ireland
• Focuses on the applied commercial and practical points that are most relevant to students and practitioners
• Discusses insider dealing, corporate governance and the influence of European Law
• Student resources include a list of direct links to legislation and other important materials
February 2016 676 pagesPb 978 0 7486 9370 2 £34.99Hb 978 0 7486 9369 6 £110.00
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Law 19
MediationA Practical Guide for LawyersMarjorie Mantle
2011 158 pages9 tables Pb 978 1 84586 121 6 £26.99
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How Much For a Leg?William Stewart
2010 100 pages3 tables Pb 978 1 84586 093 6 £26.99
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A Guide to Mediating in ScotlandEdited by Ewan Malcolm and Fiona O’Donnell
2009 132 pages2 tables Pb 978 1 84586 052 3 £32.00
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Ten Years of UK Competition Law ReformEdited by Barry James Rodger
2010 300 pages4 tables Hb 978 1 84586 097 4 £80.00
Legal Systems of Scottish ChurchesEdited by Marjory MacLean
2009 100 pagesPb 978 1 84586 066 0 £20.99
sCOTs LAW – CRIMINAL LAW
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Scots Criminal LawA Critical Analysis2nd EditionPamela R. Ferguson, University of Dundee, and Claire McDiarmid, University of Strathclyde
An up-to-date, theoretical and critical focus on Scots criminal law for students and practitioners
New for this edition
• Discusses the redefinitions of the crimes of murder and breach of the peace, and the broader application of the necessity defence
• Takes into account key statutory developments including the enactment of the Criminal Justice and Licensing (Scotland) Act 2010 and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012
Now in its second edition, Scots Criminal Law: A Critical Analysis provides a clear statement of the current law, focussing on theory and criticism. It also considers what types of behaviours are subject to the criminal law sanction, and why.
October 2014 700 pagesPb 978 1 84586 130 8 £34.99
ebook textbook
NEW
ED
ITIO
N
Preface to the Second Edition
Preface to the First Edition
Acknowledgements
Table of Cases
Table of Legislation
Commonly Used Abbreviations
PART I: Determining the Appropriate Scope of the Criminal Law
1: Philosophical Underpinnings 2: Principles of Criminalisation 3: Harming and Offending 4: Fairness and Justice in
Criminalisation
PART II: Foundations 5: Procedural Framework and
Sources 6: Actus Reus and Mens Rea 7: General Principles of Liability 8: Preventive Offences
PART III: Offences which Threaten or Harm Bodily Integrity
9: Homicide 10: Non-Fatal Offences Against
the Person 11: Sexual Offences
PART IV: Offences which Threaten or Harm Interests in Property
12: Crimes of Dishonesty 13: Other Property-Related Crimes
PART V: Offences which Protect the Course of Justice and Public Order
14: Offences Against the Course of Justice
15: Public Order Offences 16: Offensive Behaviours
PART VI: Statutory Offences and Business Crime
17: General Principles of Statutory Offences
18: Business Crime, Regulatory Offences, ‘White Collar’ Crime and Corporate Liability
PART VII: Defences 19: Alibi, Incrimination,
Non-Age, Error and Consent 20: Mental Disorder, Unfitness
for Trial, Diminished Responsibility, Intoxication and Automatism
21: Coercion, Necessity, Self-Defence, Provocation, Superior Orders and Entrapment
22: The Future Development of Scots Criminal Law
Bibliography
Index
sCOTs LAW – CRIMINAL LAW
Law 21
2013350 pages 2 tables Pb 978 1 84586 149 0 £24.99
ebook textbook
Breach of the PeacePamela R. Ferguson, University of Dundee
Critiques the ill-defined, common-law crime of breach of the peace in Scots law
‘This is an impressively thorough account of the case law and practice and a persuasive argument for law reform.’Fiona Leverick, University of Glasgow, The Edinburgh Law Review
2009236 pages 26 tables Pb 978 1 84586 083 7 £34.00
textbook
An Introduction to Scots Criminal LawSarah Christie, Robert Gordon University, Aberdeen
Covers all the core aspects of Scots criminal law, including the impact of devolution and the European Convention on Human Rights, for students on LLB degree courses
• Each chapter includes clear sub-headings, flow diagrams, self-assessment questions and graded further reading
2007230 pages 4 tables Pb 978 1 84586 012 7 £55.00
ebook textbook
Childhood and CrimeClaire McDiarmid, University of Strathclyde
Examines how the criminal law and the criminal justice system treat children who commit serious crimes
• Examines a number of serious cases from legal, philosophical and sociological perspectives, including the murder of James Bulger
• Presents a model for a fair, rational and compassionate approach
sCOTs LAW – TExTBOOKs
www.euppublishing.com22
DelictA Comprehensive Guide to the Law in ScotlandJosephine Bisacre, Francis McManus and Eleanor Russell
2011 528 pagesPb 978 1 84586 042 4 £55.00
ebook textbook
BEs
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Freedom of Information in Scotland in PracticeKevin Dunion
2011 515 pagesPb 978 1 84586 122 3 £65.00
ebook textbook
An Introduction to Law and Legal ObligationsDale McFadzean
2009 239 pagesPb 978 1 84586 068 4 £26.99
ebook textbook
Housing Law in ScotlandPeter Robson
2011 256 pagesPb 978 1 84586 111 7 £50.00
ebook textbook
Scots Law for Students : An Introduction is an invaluable, tailor-made textfor students undertaking the Cert/Dip HE Law, HNC in Law or the BA in Law.It is also a suitable course text for law elements of the Cert/Dip HE Accountingand the BA in Accounting.
Each chapter includes a useful summary section to help students identify,understand and remember key elements.
Scots Law
for Students: A
n IntroductionG
eneral Editor: D
ale McFadzean
Dundee U
niversity Press
Contents:Sources of Scots LawScottish Legal SystemDelictContractAgencyFamily LawSuccession LawConstitutional LawAdministrative LawCriminal LawConsumer LawProperty LawEmployment LawCorporate Law
The Authors:Dale McFadzean, Programme Leader for Law,
University of PaisleyFrancis McManus, Professor of Law, Napier UniversityTikus Little, Teaching Fellow, University of StirlingLesley-Anne Barnes, Lecturer in Law, Napier UniversityDouglas Maule, Lecturer in Law, Napier UniversityJean McFadden, Visiting Lecturer in Law,
University of StrathclydeColin Macintosh, Senior Lecturer in Law, Bell CollegeVal Finch, Associate Dean, Learning and Teaching,
University of PaisleyDuncan Spiers, Lecturer in Law, Napier UniversityKenneth Dale-Risk, Lecturer in Law, Napier UniversityJenifer Ross, Senior Lecturer in Law,
University of Strathclyde
Cover design: Various Creative
ISBN: 978-1-84586-015-8
Scots Law
for Students: A
n IntroductionG
eneral Editor: D
ale McFadzean
Dundee U
niversity Press
V232-Scots Law-aw-06 8/28/07 9:21 PM Page 1
Scots Law for StudentsAn IntroductionEdited by Dale McFadzean
2007 387 pagesPb 978 1 84586 015 8 £26.99
ebook textbook
The Family Law (Scotland) Act 2006Text and CommentaryKenneth Norrie
2006 134 pagesPb 978 1 84586 007 3 £15.00
ebook
sCOTs LAW – REFERENCE
Law 23
Professor Norrie’s Commentaries on Family LawKenneth Norrie
2011 200 pagesHb 978 1 84586 119 3 £55.00
ebook
NEW
Medicine, Law and Public Policy in Scotland, c. 1850–1990Edited by Mark Freeman, Eleanor Gordon and Krista Maglen
2011 200 pagesPb 978 1 84586 116 2 £20.99
ebook
Rights of Personality in Scots LawEdited by Niall Whitty and Reinhard Zimmermann
2009 300 pagesHb 978 1 84586 027 1 £50.00
ebook
The Scottish Mental Health TribunalDerek Auchie and Ailsa Carmichael
2009 336 pagesPb 978 1 84586 022 6 £100.00
ebook
The Vulnerable Witnesses Scotland Act 2004Laura Sharp and Margaret Ross
2008 108 pagesPb 978 1 84586 045 5 £20.99
ebook
A Guide to the Adult Support and Protection (Scotland) Act 2007Bert Calder
2010 108 pagesPb 978 1 84586 082 0 £20.99
ebook
sCOTs LAW – LEGAL HIsTORy
www.euppublishing.com24
The Community of the College of JusticeEdinburgh and the Court of Session, 1687–1808John Finlay, University of Glasgow
The first institutional history of Scotland’s 18th-century civil court and its legal community
The Court of Session records, uncovered by John Finlay, show a cross-section of Scottish society experiencing Edinburgh’s legal processes in the 18th century. Finlay investigates the important role played by College members, who included James Boswell, Lord Kames and Walter Scott, in the cultural and economic flowering of Scotland in general, Edinburgh in particular and the present-day Scottish cultural landscape.
August 2014 288 pagesPb 978 0 7486 9467 9 £29.992012Hb 978 0 7486 4577 0 £75.00
ebook textbook
NEW
IN P
AP
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AC
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Scots Law TalesEdited by John Grant, University of Glasgow, and Elaine E. Sutherland, University of Stirling
Reveals the stories behind the most important cases in the last 100 years of Scottish legal history
From Lockerbie to Oscar Slater; from ritual child abuse in Orkney to treasure in Shetland; and from a decomposing snail in ginger beer to a politician’s high jinks, Scots Law Tales tells the stories behind 11 of the most memorable cases from the Scottish courts. It captures the personalities involved, the lead-up to the case, what the court decided and the case’s role in developing its area of law.
2010 200 pagesPb 978 1 84586 067 7 £20.99
ebook
sTUDy AND REsEARCH sKILLs
Law 25
2007 256 pages Pb 978 0 7486 3358 6 £26.99 Hb 978 0 7486 3357 9 £95.00
ebook textbook
Research Methods for LawEdited by Mike McConville, Chinese University of Hong Kong, and Wing Hong (Eric) Chui, City University of Hong Kong
Introduces students to using legalistic, empirical, comparative and theoretical methods of research
• Written by a team of contributors with a broad range of teaching and research experience, who give examples from real projects
2013 76 pages 3 tables Pb 978 1 84586 140 7 £10.00
textbook
Success in Law StudiesElimma Ezeani, Robert Gordon University, Aberdeen
Introduces you to tried-and-tested approaches to the legal research, writing and study
• Perfect for LLB students looking to enter professional practice, and humanities and social science graduates taking an advanced qualification in legal studies
2010 96 pages 9 tables Pb 978 1 84586 113 1 £10.99
ebook textbook
The Student Guide to MootingMichael Hammond, Maclay Murray & Spens LLPEdited by Margaret Ross, University of Aberdeen
The ideal introduction to legal argument for new law students and competitive mooters
‘Worth its weight in gold for any law student faced with the prospect of competing in their first moot.’SCOLAG Legal Journal
BEs
TsEL
LER
October 2014 184 pagesPb 978 1 84586 234 3 £15.99
ebook textbook
EDINBURGH LAW EssENTIALs SERIES
www.euppublishing.com26
ScottishFamily Law
Third Edition
Kenneth Norrie
E d i n b u r g h L a w E s s E n t i a L sEdinburgh Law EssEntiaLs Series editor: Nicholas Grier, Napier University
Edinburgh Law Essentials is a fresh series of concise study and revision guides for students of law in Scotland. Designed to provide a quick understanding, to support students through a course and as a time-saving revision guide, each title brings a particular topic into sharp focus.
Your guide to the rules and principles of scottish private international law
It is undeniable we now live in a global community. Whether through international business or personal relationships, problems of private international law (PIL) are now to the fore in almost every branch of private law. Even a relatively small business is likely to have a number of international suppliers and clients. Should there be a contractual dispute between a company based in Scotland and a supplier based in Germany, or the breakdown of a marriage between a Scottish man and an Australian woman who live together with their children in England, the challenge for PIL is to identify an appropriate jurisdiction and applicable law, and to facilitate the recognition and enforcement of judgments.
Private International Law is the concise guide to private international law, whether you are studying, revising or a practising lawyer looking for a summary of the law with regard to Scotland in relation to other jurisdictions.
Key Features• Describes the aspects of private international law specific to Scotland• Shows how judgments issued in one EU jurisdiction can be recognised and
enforced in another• Summary sections of essential facts and essential cases to help you to
identify, understand and remember the key elements• Covers the common law, statutes and EU Regulations (e.g. Brussels I,
Rome I) that apply to Scotland
david hill is a Lecturer in Law at Robert Gordon University, Aberdeen.
Scottish Family Law
Kenneth N
orrie
9 781845 862343
ISBN 978-1-84586-234-3
Cover design: Stuart Dalziel
2ndEdition
June 2015 112 pagesPb 978 1 84586 153 7 £14.99Hb 978 1 4744 0339 9 £70.00Previous Edition: 2009Pb 978 1 84586 064 6 £16.99
ebook textbook
Scottish Family Law3rd EditionKenneth Norrie, University of Strathclyde
A clear and concise study and revision guide for students of family law in Scotland
Covering all the major legislation, Scottish Family Law will give you a framework for understanding how family law operates.
• Takes full account of the substantial statutory developments in the field since the Family Law (Scotland) Act 2006
• Covers three major Acts: the Children’s Hearings (Scotland) Act 2011; the Marriage and Civil Partnership Act 2014; the Children and Young People (Scotland) Act 2014
• Includes important new legislation such as the Adoption and Children (Scotland) Act 2007 and the Human Fertilisation and Embryology Act 2008
FOR
THCO
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Edinburgh Law EssentialsSeries Editor: Nicholas Grier, Edinburgh Napier University
Edinburgh Law Essentials is a fresh series of concise study and revision guides for students of law in Scotland. Essential facts and cases at the end of each chapter show the law in practice.
www.euppublishing.com/series/ele
Private International LawDavid Hill, Robert Gordon University, Aberdeen
Your guide to the conflicts and harmonies between private international law and Scots law
In our global community, private international law provides a legal jurisdiction and set of rules to follow. Private International Law Essentials summarises the law as regards Scotland in relation to other countries. David Hill looks at the key elements and issues of private international law, as well as the statutes and conventions (e.g. Brussels and Lugano) and EU Regulations that apply throughout the UK.
PrivateInternational
Law
David Hill
E d i n b u r g h L a w E s s E n t i a L sEdinburgh Law EssEntiaLs Series editor: Nicholas Grier, Napier University
Edinburgh Law Essentials is a fresh series of concise study and revision guides for students of law in Scotland. Designed to provide a quick understanding, to support students through a course and as a time-saving revision guide, each title brings a particular topic into sharp focus.
Your guide to the rules and principles of scottish private international law
It is undeniable we now live in a global community. Whether through international business or personal relationships, problems of private international law (PIL) are now to the fore in almost every branch of private law. Even a relatively small business is likely to have a number of international suppliers and clients. Should there be a contractual dispute between a company based in Scotland and a supplier based in Germany, or the breakdown of a marriage between a Scottish man and an Australian woman who live together with their children in England, the challenge for PIL is to identify an appropriate jurisdiction and applicable law, and to facilitate the recognition and enforcement of judgments.
Private International Law is the concise guide to private international law, whether you are studying, revising or a practising lawyer looking for a summary of the law with regard to Scotland in relation to other jurisdictions.
Key Features• Describes the aspects of private international law specific to Scotland• Shows how judgments issued in one EU jurisdiction can be recognised and
enforced in another• Summary sections of essential facts and essential cases to help you to
identify, understand and remember the key elements• Covers the common law, statutes and EU Regulations (e.g. Brussels I,
Rome I) that apply to Scotland
david hill is a Lecturer in Law at Robert Gordon University, Aberdeen.
Private International LawD
avid Hill
9 781845 862343
ISBN 978-1-84586-234-3
Cover design: Stuart Dalziel
NEW
SERIES EDINBURGH LAW EssENTIALs
Law 27
ScottishContract
LawThird Edition
Tikus Little
E d i n b u r g h L a w E s s E n t i a L sEdinburgh Law EssEntiaLs Series editor: Nicholas Grier, Napier University
Edinburgh Law Essentials is a fresh series of concise study and revision guides for students of law in Scotland. Designed to provide a quick understanding, to support students through a course and as a time-saving revision guide, each title brings a particular topic into sharp focus.
Your guide to the rules and principles of scottish private international law
It is undeniable we now live in a global community. Whether through international business or personal relationships, problems of private international law (PIL) are now to the fore in almost every branch of private law. Even a relatively small business is likely to have a number of international suppliers and clients. Should there be a contractual dispute between a company based in Scotland and a supplier based in Germany, or the breakdown of a marriage between a Scottish man and an Australian woman who live together with their children in England, the challenge for PIL is to identify an appropriate jurisdiction and applicable law, and to facilitate the recognition and enforcement of judgments.
Private International Law is the concise guide to private international law, whether you are studying, revising or a practising lawyer looking for a summary of the law with regard to Scotland in relation to other jurisdictions.
Key Features• Describes the aspects of private international law specific to Scotland• Shows how judgments issued in one EU jurisdiction can be recognised and
enforced in another• Summary sections of essential facts and essential cases to help you to
identify, understand and remember the key elements• Covers the common law, statutes and EU Regulations (e.g. Brussels I,
Rome I) that apply to Scotland
david hill is a Lecturer in Law at Robert Gordon University, Aberdeen.
Contract Law
Essentials
Tikus Little
9 781845 862343
ISBN 978-1-84586-234-3
Cover design: Stuart Dalziel
3rdEdition
July 2015144 pages Pb 978 1 84586 151 3 £15.99Previous Edition: 2010Pb 978 1 84586 104 9 £16.99
textbook
Scottish Contract Law3rd Edition
Tikus Little, University of Stirling
Your guide to contracts in Scotland, from forming a contract to terminating one, and from third-party rights to cross-border contracts
2012144 pages Pb 978 1 84586 126 1 £20.99
textbook
Contract Law Essential CasesTikus Little, University of Stirling
Summarises the most important cases to show how Scots contract law has been enforced and how it has evolved
• The cases cover general principles of contract law, formation of contracts, problems with contracts, contractual terms, third-party rights, breach of contract and terminations of contracts
FOR
THCO
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Commercial Law Essentials2nd EditionMalcolm Combe, University of Aberdeen
Looks at areas including sale of goods, hire, agency, insurance, consumer credit, intellectual property, diligence, personal insolvency and commercial dispute resolution
January 2014232 pages Pb 978 1 84586 150 6 £15.99
ebook textbook
NEW
EDINBURGH LAW EssENTIALs SERIES
www.euppublishing.com28
2013168 pagesPb 978 1 84586 168 1 £15.99
ebook textbook
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Delict Essentials2nd EditionFrancis McManus, Edinburgh Napier University
From defamation to dangerous animals, and from negligence to nuisance, this is your introduction to the unique Scots Law definition of delict
2013208 pagesPb 978 1 84586 152 0 £15.99
ebook textbook
Revenue Law Essentials3rd EditionWilliam Craig, Robert Gordon University, Aberdeen
Your one-stop guide to revenue law in the UK, from personal income tax to corporation tax, and from VAT to oil and gas taxation
2013112 pagesPb 978 1 84586 128 5 £15.99
ebook textbook
Succession Law EssentialsFrankie McCarthy, University of Glasgow
All you need to know about succession in Scots Law, including estates, executors, wills, will substitutes, valid and invalid testimony, intestate succession, legacies, vesting and more
SERIES EDINBURGH LAW EssENTIALs
Law 29
Company Law EssentialsJosephine Bisacre and Claire McFadzean
2011 240 pagesPb 978 1 84586 080 6 £15.99
ebook
BEs
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European Law EssentialsStephanie Switzer
2009 128 pagesPb 978 1 84586 009 7 £16.99
ebook textbook
Employment Law EssentialsJenifer Ross
2010 278 pagesPb 978 1 84586 058 5 £20.99
ebook textbook
Evidence Essentials3rd EditionJames Chalmers
2012 160 pagesPb 978 1 84586 135 3 £16.99
ebook textbook
BEs
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Intellectual Property Law EssentialsDuncan Spiers
2009 176 pagesPb 978 1 84586 062 2 £16.99
textbook
Human Rights Law EssentialsValerie Finch and John McGroarty
2010 168 pagesPb 978 1 84586 057 8 £16.99
ebook textbook
EDINBURGH LAW EssENTIALs SERIES
www.euppublishing.com30
International Law EssentialsJohn Grant
2010 180 pagesPb 978 1 84586 114 8 £16.99
ebook textbook
Legal Method EssentialsDale McFadzean and Gareth Ryan
2010 178 pagesPb 978 1 84586 077 6 £15.99
ebook textbook
Jurisprudence EssentialsDuncan Spiers
2011 166 pagesPb 978 1 84586 109 4 £16.99
ebook textbook
Media Law EssentialsDouglas Maule and Zhong-dong Niu
2010 200 pagesPb 978 1 84586 079 0 £18.99
ebook textbook
Planning Law EssentialsAnne-Michelle Slater
2010 208 pagesPb 978 1 84586 110 0 £16.99
ebook textbook
Medical Law EssentialsMurray Earle
2007 192 pagesPb 978 1 84586 035 6 £20.99
ebook textbook
SERIES EDINBURGH LAW EssENTIALs
Law 31
Property Law EssentialsDuncan Spiers
2008 112 pagesPb 978 1 84586 056 1 £14.99
ebook textbook
Roman Law EssentialsCraig Anderson
2009 136 pagesPb 978 1 84586 084 4 £16.99
textbook
PublicLaw
Second Edition
Dale McFadzean &Jean McFadzean
E d i n b u r g h L a w E s s E n t i a L sEdinburgh Law EssEntiaLs Series editor: Nicholas Grier, Napier University
Edinburgh Law Essentials is a fresh series of concise study and revision guides for students of law in Scotland. Designed to provide a quick understanding, to support students through a course and as a time-saving revision guide, each title brings a particular topic into sharp focus.
Your guide to the rules and principles of scottish private international law
It is undeniable we now live in a global community. Whether through international business or personal relationships, problems of private international law (PIL) are now to the fore in almost every branch of private law. Even a relatively small business is likely to have a number of international suppliers and clients. Should there be a contractual dispute between a company based in Scotland and a supplier based in Germany, or the breakdown of a marriage between a Scottish man and an Australian woman who live together with their children in England, the challenge for PIL is to identify an appropriate jurisdiction and applicable law, and to facilitate the recognition and enforcement of judgments.
Private International Law is the concise guide to private international law, whether you are studying, revising or a practising lawyer looking for a summary of the law with regard to Scotland in relation to other jurisdictions.
Key Features• Describes the aspects of private international law specific to Scotland• Shows how judgments issued in one EU jurisdiction can be recognised and
enforced in another• Summary sections of essential facts and essential cases to help you to
identify, understand and remember the key elements• Covers the common law, statutes and EU Regulations (e.g. Brussels I,
Rome I) that apply to Scotland
david hill is a Lecturer in Law at Robert Gordon University, Aberdeen.
Public Law Essentials
Dale M
cFadzean & Jean M
cFadzean
9 781845 862343
ISBN 978-1-84586-234-3
Cover design: Stuart Dalziel
2ndEdition
Public Law2nd EditionJean McFadden and Dale McFadzean
2007 152 pagesPb 978 1 84586 031 8 £15.99
ebook textbook
Scottish Administrative Law EssentialsJean McFadden and Dale McFadzean
2006 118 pagesPb 978 1 84586 013 4 £15.99
ebook textbook
Trusts Law EssentialsJohn Finlay
2012 158 pagesPb 978 1 84586 129 2 £16.99
ebook textbook
Scottish Legal System Essentials3rd EditionBryan Clark and Gerard Keegan
2012 144 pagesPb 978 1 84586 134 6 £15.99
ebook textbook
JOURNALs
www.euppublishing.com32
Edinburgh Law ReviewEditor: Martin Hogg, University of Edinburgh
An international forum of the discussion of law in its social and cultural context, contemporary substantive law, legal theory and history
• Focuses on Scots law and the Scottish legal system, setting the law of Scotland in an international and comparative context
• Coverage of interest for a modern European ius commune• Discusses issues common to mixed legal systems• Analyses developments in legislation and of court decisions• Includes reviews of major academic works
www.euppublishing.com/elr
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THE EDINBURGH LAW REVIEW
VOLUME 18 ISSUE 3 SEPTEMBER 2014
Contents
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[continued overleaf
Articles
Smoothing the Rugged Parts of the Passage: Scots Law and its Edinburgh Chair Kenneth G C Reid 315
George Joseph Bell’s Inaugural Lecture Kenneth G C Reid 341Juridical Acts in the Draft Common Frame of Reference –
A Model for Scotland? Phillip Hellwege 358
Analysis
Implications for the Scots Law of Nuisance: Coventry v Lawrence Elspeth Reid 383Equity Stalling? Daniel J Carr 388Doing Judicial Review in the Post-Eba Era: A v Secretary of
State for the Home Department Chris Himsworth 395More Disputes, Please: The Tribunals (Scotland) Act 2014 Sarah Craig 400Regulating #indyref: Social Media and the Scottish Independence
Referendum Act 2013 Andrew Tickell 406Land Reform Revisited: The Land of Scotland and the
Common Good Malcolm M Combe 410
Symposium: Unjustifi ed Enrichment
New Directions in Unjustifi ed Enrichment: Learning from South Africa? Eric Descheemaeker 414
Labels and Meaning: Unjust Factors and Failure of Purpose as Reasons for Reversing Enrichment by Transfer Jacques du Plessis 416
Rationalising the South African Law of Enrichment Helen Scott 433
THE
EDINBURGHLAW REVIEW
VOLUME 18 ISSUE 3 SEPTEMBER 2014
EDINBURGH UNIVERSITY PRESS
ELR-18_3-Covers.indd 1 26-08-2014 6:04
ISSN 1364 9809eISSN 1755 1692Publishes 3 times a year:January, May and September
African Journal of International and Comparative LawGeneral Editors: Rachel Murray, University of Bristol, and Kofi Oteng Kufuor, University of East London
Provides invaluable refereed material in both international and comparative law on a pan-African basis
The journal includes articles on public or private international law, either in English or French, as well as a section on recent developments relevant to the continent.
www.euppublishing.com/ajicl
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22 No
. 3
ISSN 0954-8890
African Journal of International and Comparative Law
Revue Africaine de Droit International et Comparé
Articles
Towards an International Piracy Tribunal: Curing the Legal Limbo of Captured PiratesJames D. Fry 341
Identifying Benefi ciaries of the UN Indigenous Peoples’ Partnership (UNIPP): The Case for the Indigenes of Nigeria’s Delta Region Rhuks Temitope Ako and Olubayo Oluduro 369
Legal Status of International Law in South Africa’s Municipal Law: Government of the Republic of Zimbabwe v Fick and Others (657/11) [2012] ZASCA 122Moses Retselisitsoe Phooko 399
Fighting Impunity Unsuccessfully in Africa: A Critique of the African Union’s Handling of the Hissène Habré AffairKonstantinos D. Magliveras 420
Transnational Labour Relations: A Dream or Possibility in SADC?Paul Smit 448
When Poverty Is Not a Sin: An Assessment of the Human Rights Council’s Guiding Principles on Poverty and Human RightsEbenezer Durojaye 468
Published byEdinburgh University Press
Publiée parEdinburgh University Press
Volume 22 Pt. 3 continued on back cover Tome 22 No. 3 suite 2è page de couvertur
The Justiciability of Socio-economic Rights under the African Charter on Human and Peoples’ Rights: Appraisal and Perspectives Three Decades after Its AdoptionChristian-Jr Kabange Nkongolo 492
Some Refl ections on Two Decades of Human Rights Protection in South Africa: Lessons and ChallengesJohn C. Mubangizi 512
Notes for Contributors 532
© Copyright 2014Edinburgh University PressThe Tun – Holyrood Road, 12(2f) Jackson’s Entry, Edinburgh EH8 8PJ
Typeset by SR NovaPrinted in Great Britain by Henry Ling Limited, The Dorset Press, DorchesterComposée par SR NovaImprimée en Grande Bretagne par Henry Ling Limited, The Dorset Press, Dorchester
AJICL22_3Cover.indd 1 12-09-2014 2:00
ISSN 0954-8890eISSN 1755-1605Publishes 3 times a year: February, June and October
EDINBURGH UNIvERsITy PREss
Law 33
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Agamben, Giorgio 4Anagnostou, Dia 7Anderson, Craig 31Auchie, Derek 23Bisacre, Josephine 22, 29Cairns, John W. 10Calder, Bert 23Carmichael, Ailsa 23Chalmers, James 29Chang, Wejen 9Christie, Sarah 21Chui, Wing Hong (Eric) 25Clark, Bryan 31Combe, Malcolm 27Craig, William 28Davidson, Fraser P. 11Descheemaeker, Eric 11du Plessis, Paul J. 15Dunion, Kevin 22Earle, Murray 30Egede, Edwin 7Ezeani, Elimma 25Ferguson, Pamela R. 20, 21Finch, Valerie 29Finlay, John 24, 31Freeman, Mark 23Goodall, Kay E. 11Gordon, Eleanor 23Gordon, Greg 15Grant, John 24, 30Grier, Nicholas 18Hammond, Michael 25Harrison, James 8Heffron, Raphael 14Hill, David 26Hogg, Martin 32Keegan, Gerard 31Kerrigan, John 16Kufuor, Kofi Oteng 32Little, Gavin F. M. 11, 14Little, Tikus 27MacLean Marjory 19Maglen, Krista 23Malcolm, Ewan 19
Mantle, Marjorie 19Maule, Douglas 30McCarthy, Frankie 28McConville, Mike 25McDiarmid, Claire 20, 21McFadden, Jean 31McFadzean, Claire 29McFadzean, Dale 22, 30, 31McGee, Kyle 6McGroarty, John 29McLean, Iain 13McManus, Francis 22, 28Meiselles, Michala 17Murray, Rachel 32Ninet, Antoni Abat i 5Niu, Zhongdong 30Norrie, Kenneth 22, 23, 26O’Donnell, Fiona 19Paterson, John 15Peterson, Scot 13Prozorov, Sergei 5Rahmatian, Andreas 6Reid, Elspeth 12Robson, Peter 22Rodger, Barry James 19Ross, Jenifer 29Ross, Margaret 23, 25Russell, Eleanor 22Ryan, Gareth 30Salim, Arskal 9Sharp, Laura 23Slater, Anne-Michelle 30Spiers, Duncan 29, 30, 31Stewart, William 19Sutch, Peter 7Sutherland, Elaine E. 11, 24Switzer, Stephanie 29Usenmez, Emre 15Valsan, Remus 12Visser, Daniel 12Whitty, Niall 23Yu, Hong-Lin 13Zimmermann, Reinhard 23
Law 35
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