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Gunatilleke G: Reimagining the Limits of
Free Speech under International Law

Reimagining the Limits of Free Speech under International Law

This innovative new textbook takes a cases and materials model (balanced perfectly with expert commentary to guide the students) which maintains a keen focus on those areas studied by the student of EU law. Avoiding the approach of most other textbooks, whose comprehensiveness serves to overwhelm the student, EU Law: Cases, Materials and Text is structured to map the mainstream curriculum. This allows for the inclusion of more materials, with short extracts drawn from a wide range of sources. These serve to tease out themes and to provide a clear sense of direction for the student navigating a sometimes complex subject. As a first edition, it is structured to accurately reflect the law of the EU post Brexit, with a dedicated chapter on the emerging UK-EU relationship. Written by two authors who are both leading scholars and experienced teachers, this offers a new, fresh resource for students and teachers alike.

Cases, Materials and Text

EU Law

The modern field of comparative international law emerged in the last century, but it still suffers from a lack of intellectual and methodological foundations. This ambitious collection fills that gap. It examines the key concepts of comparative international law, including its historical and critical perspectives. Contributors from a wide geographical range present their diverse and thought-provoking views on international and comparative law. This is a much-needed and cutting-edge book on an undervalued yet topical field of research.

Foundations and Critique

Comparative International Law

This classic textbook provides a thorough overview of European private international law. It is essential reading for students and practitioners of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression, ensuring it maintains its position as the leading textbook in the field.

Commercial Litigation in the EU

European Private International Law

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

Judicial Review

Contemporary Studies in Corporate Law

Many attempts have been made to reduce the harms caused by business and to make companies become socially responsible. This book approaches the subject from a new perspective arguing that reflexive law offers the best means to align the interests of large companies with those of society and that recent developments in European company law fit a reflexive model. A reflexive company law, rather than trying to directly regulate companies, aims to affect internal decision-making processes to make companies responsive to outside interests and prevent them from operating as closed systems singularly focused on shareholder value. In this vein, the EU has recently imposed new obligations on companies to develop corporate sustainability reporting and due diligence processes as part of its objective to create a climate-neutral and sustainable economy. This book presents an argument for how the 'societal company' - a company that has an internal culture of transnational responsibility to do no harm but that retains the autonomy necessary to be economically productive - can be established through reflexive law. The book will appeal to researchers, policy makers and lawyers interested in corporate sustainability, regulatory theory, company law and EU law.

Sustainability, Shareholder Value, and European Company Law

The Societal Company

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

This book radically reforms the classical paradigm of international law. It proposes a novel theoretical framework of the 'separation of powers in a globalised democratic society', where both actors and norms are pluralised beyond a unitary and monolithic 'state' and international law as norms of, by, and for 'states'. The book applies this framework to holistically examine the interactions between human rights treaty organs - the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee - and state organs, including parliaments, courts, administrative organs, and national human rights institutions. The book provides an innovative, original contribution to both the theory and practice of international human rights law.

Beyond Monolithic States

Pluralising Actors and Norms in Human Rights Treaties

This book explores the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. It combines conceptual and normative approaches to dissect a phenomenon which has been both praised and maligned in political and academic discourse. The book takes a broad view of the term 'constitutional'. Its contributors are drawn from the fields of comparative constitutional law, EU law, medieval history, political philosophy, international law, private law, and administration of justice. They consider constitutional transplantation as a specific case of the migration of ideas and place it within that broader intellectual framework of the movement of knowledge. The results of the movement of constitutional ideas can be found outside, as well as within, the law, and the implications of such movement go beyond it. The authors examine legal and constitutional systems in Asia, Europe, North and South America, as both sources and recipients of transplantations. The authors analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by cultures and histories in the reception of constitutional provisions and ideas.

The Diffusion and Adoption of Constitutional Ideas

Constitutional Transplantations

Studies in Private International Law

Choice of Law as a Tool of Environmental Global Governance

Private International Environmental Litigation before EU Courts

This book examines the increasing marketisation of framework agreements in UK public procurement and proposes reform to refocus the purpose of this vital purchasing tool and renew the emphasis on public service delivery. Through detailed empirical research, the book examines how contracting authorities set up and use framework agreements in practice, the behaviours of centralised procurement authorities and the private sector, and how these have been addressed or not under the Public Contracts Regulations 2015 implementing EU Directives. This reveals the scale of marketisation, the effect of legal rules on framework agreement efficacy, and the need for regulatory and other reform. Going further, post-Brexit, this book also examines the relatively limited impact of the new UK Procurement Act 2023 in addressing these issues and identifies a pressing need for further regulatory, institutional, and industry reform. The book provides the reader with a detailed understanding and analysis of the rules and policies on framework agreements as developed and applied under EU law and UK law, including the UK's post-Brexit efforts at reform, and the resulting legal uncertainty. It also provides insight into the less explored attitudes, behaviours, and practices. This includes everything from centralised purchasing authorities competing against each other to provide framework agreements across the public sector to private sector organisations seeking to run framework agreements for profit. The book will be of interest to practitioners keen to understand and mitigate legal and commercial risks in setting up and using framework agreements. It will also guide policy-makers on the key priorities for targeted reform. Civil society organisations will gain insight into the ongoing challenges of ensuring transparency and accountability. The book will also be of comparative interest in the EU given the UK's experience as a Member State and internationally for countries looking to reform their approach to regulating framework agreements.

Practice, Regulation and Reform

The Marketisation of Framework Agreements in the UK

Reimagining the Limits of Free Speech under International Law

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