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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

This edited collection provides a comprehensive analysis of the conceptual foundations and legal and economic implications of EU Corporate Sustainability Law. Bringing together contributions from leading academics, jurists, and practitioners, it offers a rigorous and interdisciplinary perspective on this rapidly evolving regulatory field. With a focus on corporate actors, the volume examines how firms navigate emerging sustainability obligations while contributing to wider debates on the transformative role of EU regulation in global markets.The book is structured in three parts. The first analyses core due diligence instruments requiring firms to identify, prevent, and manage sustainability risks. The second examines transparency and disclosure frameworks, including the Corporate Sustainability Reporting Directive and financial sector initiatives. The final part explores the extraterritorial reach of EU sustainability law, assessing its impact on global supply chains and third-country actors, including China and Latin America. Addressing the ‘Brussels Effect’ and key regulatory developments, this volume will be essential for scholars in law and economics, political economy, and financial regulation, as well as policymakers and practitioners.Gonzalo Larrea
 is Assistant Professor of Law at Utrecht University. His work focuses on EU corporate sustainability law, and he is the author of the book&nbsp;
 Climate Funds and Sustainable Development. Who Pays in the End?&nbsp;
 (2024). He holds a PhD from the European University Institute and is a qualified lawyer, with extensive experience at a Band 1 international law firm.
 Federica Agostini
 is Assistant Professor in Economic Law at Utrecht University and Research Affiliate at the University of Glasgow. Her research examines how law shapes capital markets and sustainability transitions. She has advised institutions including the ECB and EBRD and publishes widely on corporate sustainability and financial regulation.
 Konstantinos Serdaris
 is Assistant Professor of European Economic Law at Utrecht University. He holds a PhD from the European University Institute and is a qualified lawyer. His research focuses on EU financial and capital markets law, and he is the author of the book&nbsp;
 Regulating Primary Markets in the Capital Markets Union
 (2025).

This edited collection provides a comprehensive analysis of the conceptual foundations and legal and economic implications of EU Corporate Sustainability Law. Bringing together contributions from leading academics, jurists, and practitioners, it offers a rigorous and interdisciplinary perspective on this rapidly evolving regulatory field. With a focus on corporate actors, the volume examines how firms navigate emerging sustainability obligations while contributing to wider debates on the transformative role of EU regulation in global markets.
 The book is structured in three parts. The first analyses core due diligence instruments requiring firms to identify, prevent, and manage sustainis Assistant Professor of Law at Utrecht University. His work focuses on EU corporate sustainability law, and he is the author of the book&nbsp;
 Climate Funds and Sustainable Development. Who Pays in the End?&nbsp;
 (2024). He holds a PhD from the European University Institute and is a qualified lawyer, with extensive experience at a Band 1 international law firmability risks. The second examines transparency and disclosure frameworks, including the Corporate Sustainability Reporting Directive and financial sector initiatives. The final part explores the extraterritorial reach of EU sustainability law, assessing its impact on global supply chains and third-country actors, including China and Latin America. Addressing the ‘Brussels Effect’ and key regulatory developments, this volume will be essential for scholars in law and economics, political economy, and financial regulation, as well as policymakers and practitioners.

Critical Perspectives on a Novel Body of Law

EU Corporate Sustainability Law

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

The Rule of Law in Context

How and why do the rule of law ideas shape the origins and functioning of the Russian state and society? 

This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. 

The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. 

Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Equips legal professionals and stakeholders with a clear, authoritative, and practical guide to the UK legal treatment of digital payments and tokenised assets. The Law of Digital Payments explores the evolving landscape of UK financial law as it adapts to innovations in digital finance. With fintech disrupting traditional models of value exchange, legal professionals must navigate complex regulatory challenges concerning digital wallets, open banking APIs, smart contracts, decentralised finance (DeFi), and the treatment of tokenised assets under common law. This work delves into how UK courts and regulators are addressing these innovations. It provides clarity on the current legal treatment of payment tokens, security tokens, cryptoassets and non-fungible tokens (NFTs). It also investigates the impact of the Financial Services and Markets Act 2023, the Bank of England's stance on central bank digital currencies (CBDCs), and how the Payment Services Regulations and E-Money Regulations are applied to innovative business models. Drawing upon regulatory guidance, case law, and international developments, the book is designed to help practitioners, regulators, academics, and financial institutions understand and navigate the complex intersection of law and digital finance. This title is included in Bloomsbury Professional's Banking and Finance Law online service.

The Law of Digital Payments

Code of Federal Regulations, Title 26 Internal Revenue

Code of Federal Regulations, Title 26 Internal Rev 1.1551-END, Revised as of January 2025

This book looks at how the law allows donors to establish perpetual charitable trusts, bearing the donor's name, and how it rewards and encourages the pursuit of post-mortem identity. It considers the policy questions raised by post-mortem identity. The law in this area is often complex and uncertain, and that legal unpredictably might deter donors from giving. Attention to post-mortem identity suggests that the law should be made as reliable and predictable as possible. This book theorises the motivation for post-mortem identity and works through its legal implications. It considers the even deeper questions in play and the particular problems which surround post-mortem identity. For example, a donor motivated by the prospect of legal immortality might be led towards bad charity. The donor might try to create a vain or prejudiced organisation. The book looks at the context of these issues, the policy challenges faced by the law, and the way in which the rules need to control and limit the donor's wishes.

This book looks at how the law allows donors to establish perpetual charitable trusts, bearing the donor’s name, and how it rewards and encourages the pursuit of post-mortem identity.

It considers the policy questions raised by post-mortem identity. The law in this area is often complex and uncertain, and that legal unpredictably might deter donors from giving. Attention to post-mortem identity suggests that the law should be made as reliable and predictable as possible. This book theorises the motivation for post-mortem identity and works through its legal implications.

It considers the even deeper questions in play and the particular problems which surround post-mortem identity. For example, a donor motivated by the prospect of legal immortality might be led towards bad charity. The donor might try to create a vain or prejudiced organisation. The book looks at the context of these issues, the policy challenges faced by the law, and the way in which the rules need to control and limit the donor’s wishes.

Charity Law and Post-mortem Identity

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

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

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

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 open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

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

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