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Dalhuisen J: Dalhuisen on Transnational
and Comparative Commercial, Financial an

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

Transnational Movable Property Law

Part I: Ownership, Possession and Limited, Future, Conditional or Temporary and Beneficial Proprietary Rights in Chattels and Intangible Assets 1. Introduction 2. The Types of Proprietary Rights and their Defence in Civil Law 3. The Types of Proprietary Rights in Common Law: The Practical Differences from Civil Law. Modern Functional Approaches 4. Transfer of Proprietary Rights in Chattels in Civil and Common Law 5. Proprietary Rights in Intangible Assets in Civil and Common Law 6. Trusts. Constructive and Resulting Trusts, Tracking and Tracing. Agency. The Civil Law Response 7. Secured Transactions and Conditional or Finance Sales. Floating Charges 8. Private International Law Aspects of Chattels 9. Private International Law Aspects of Assignments 10. The Modern Law of Chattels and Intangibles 11. The European DCFR 12. Uniform or Harmonised Statutory or Treaty Law. The Alternative of Transnationalisation and the Need for and Emergence of a Dynamic Movable Property Law Part 2: Negotiable Documents of Title and Negotiable Instruments 1. The Role of Documents 2. Negotiable Instruments 3. The Dematerialisation of Documents of Title and Negotiable Instruments; Electronic Transfers Part 3: Investment Securities 1. The Different Types of Shares and Bonds 2. The Transnationalisation of Custodial and Settlement Systems and its Opportunities

Studies of the Oxford Institute of European and Comparative Law

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: · behavioural aspects and the role of platform terms in the digital age; · the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; · a comparison between Common law and Civilian approaches as well as the EU level; · the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

Parliamentary Democracy in Europe

A Constitutional and Comparative Analysis

The Spitzenkandidaten Procedure and the EU’s System of Government

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

Swedish Studies in European Law

This open access book examines how Europe's traditionally open investment landscape has, over the past decade, shifted towards a more protectionist stance in response to evolving geopolitical factors. Featuring contributions from leading scholars, civil servants, and practitioners, it offers a comprehensive analysis through four key themes: investment frameworks, arbitration, sustainability, and future developments. With its expert insights and broad scope, this collection is an invaluable resource for investment lawyers both within and beyond the European Union. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

Past, Present, and Future

The EU Law of Investment

The Rule of Law in Context

This book presents an account of how the rule of law in Thailand has developed through history as well as how it is perceived by different segments of society. It is the first volume on Thailand's rule of law written in English by Thai scholars having first-hand experience in its development in the past three decades. To outsiders, the nature and operation of the rule of law in Thailand expose an array of ambivalences and paradoxes. Despite being one of the first Asian countries to adopt a constitutional democracy, democratisation remains a far-off dream. Though having consistently proclaimed itself to be a staunch advocate of democracy and human rights, the Kingdom has been rife and stifled with military coups, massacres, and pervasive corruption. The story becomes even more complex with regard to the status of its monarchy. Against the practice of royally-endorsed coups, the Thai King is however praised as the sinew of rule-of-law development. Between the struggle of a progressive, pro-democracy movement and the royalist-conservative alliance, 'Rule of Law' becomes a buzzword around which both parties contest. In addition to its perplexing image, an attempt to understand Thailand's rule of law is further crippled by language barrier, with neologisms competing for selection - nitirath and nititham.

The Rule of Law in Thailand

Landmark Cases

Part of the iconic Landmark Cases series, this book brings the most significant cases in charity law together for the first time. More than four hundred years have passed since the Statute of Charitable Uses of 1601, whose Preamble set out a list of charitable purposes which has formed the basis of the modern legal definition of charity. This book explores the substantial body of judge-made rules and principles developed since then, highlighting a carefully curated selection of the landmark cases which have shaped charity law. Each chapter analyses one or more judicial decisions, setting them in their historical context, explaining their contemporary importance, and considering their future relevance. The selected cases cover a broad range of topics. Some go to the heart of what it means to be a charity, elucidating charity's legal definition and public benefit requirement. Others demonstrate how charity law has been shaped by its interaction with other bodies of law, including trust law, company law and equality law, and by emerging tensions between trustees' overriding duty to further the charity's purposes and broader moral obligations or ethical considerations. The book has a core focus on English precedents, but the cases are touchstones in many jurisdictions. Our contributors therefore include scholars, judges and practitioners from Australia, Canada, New Zealand and Singapore, as well as from the UK. The result is a book that sheds new light on the application and development of charity law's defining rules and principles across the common law world.

Landmark Cases in Charity Law

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Essays in Honour of Matthew Groves

Controlling the Administrative State

This book presents a critical, in-depth analysis of the changes taking place in the governance of charities and charity law in Australia, New Zealand, and England. Delving into the transformative journey of charity law, the book reveals its dramatic shift from traditional private law regulation, governed by the courts and trust law, to an advanced, regulatory framework. This pivot is not just a legal transition; it reflects the core tension within charity itself - the balancing act between private initiative and public good. Featuring contributions from both renowned and up-and-coming international charity law scholars, this book stands out for its comprehensive coverage. Each chapter delves into the nuanced, complex issues arising from the modernisation of charity law, providing a rich, insightful exploration of the concept of 'charity' as it straddles the realms of legal theory and state-regulated practice.

Private Purpose, Public Benefit, and the Regulatory Strategy

Charity Law and Governance

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

This book provides a state-of-the art picture of the transformation of the global legal market. The traditional business model of law firms has been upended by new forms of organisation, often (but not exclusively) brought about by technological innovation and the use of technology for the execution of legal activities, which implies the so-called 'servitisation' of the legal market. Such trends raise a broad range of questions of both practical and academic nature, which the book tackles extensively, relying on the competence of a remarkable group of experts, coming from different professional backgrounds and knowledgeable of many different jurisdictions, from Europe to the USA, from Asia to Australia. In particular, the book has three main focuses: 1) a law and economics analysis of today's legal market, combined with a description of how regulatory changes have had an impact on competition in the legal services business, and on the evolution of this industry; 2) a thorough investigation of the impact of technological disruptions on the legal services industry, considering how legal tech companies and artificial intelligence solutions are reshaping the activities of legal professionals and the legal market more broadly; 3) a survey of the "new lawyers" and other new legal professionals, along with a reflection on the reforms needed to align their education with market needs. The book caters to all those interested, professionally or academically, in keeping track of the evolution of the legal services market. Practising lawyers who want to be "future-proof", law students, new specialised legal professionals active in the business and financial sectors, scholars and other researchers (both lawyers and economists) conducting research in the field, as well as anyone engaged in providing legal education, will find in this book extremely valuable insights on current trends and future developments in the legal market.

How Innovation, Legal Tech and AI Have Been Reshaping the Legal Market

Future-Proof Legal Services

The book examines the practice of judicial reasoning in Tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness, and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of Tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected Tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy.
The book connects the choice of approaches in judicial reasoning in Tort law with its procedural and institutional context.

This book examines the practice of judicial reasoning in Tort law. Drawing on comparative examples from the French judicial tradition, it connects the choice of approaches in judicial reasoning with its procedural and institutional context.

English and French Traditions Compared

Judicial Reasoning in Tort Law

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

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