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Studies of the Oxford Institute of European and Comparative

Enrique Barros: The Foundations of Tort
Law in the Civilian Tradition

The Foundations of Tort Law in the Civilian Tradition

A Comparative Perspective

Paradigms, Exceptions and Hybrids

Enforcement Rights in Public and Private Law

ASCL Studies in Comparative Law

Misuses of Comparative Law in International Development examines how comparative law has been deployed by international organizations, governments, and NGOs to legitimize legal reforms that entrench inequality and reinforce power hierarchies. These reforms often align development agendas with neoliberal and authoritarian logics. The book exposes the flawed assumptions-such as convergence, efficiency, and legalism-that underpin transnational reform projects like the World Bank's indicators and the harmonization initiatives of the EU and OECD. It shows how these frameworks misrepresent local contexts and silence alternative legal traditions. Introducing a new typology of misuse-from cannibalization to epistemic impoverishment-it reveals how comparative law frequently operates as a tool of domination rather than emancipation. Bridging critique and utopia, the book re-characterizes these misuses as social constructions and reimagines comparative law as a vehicle for equitable, context-sensitive, and redistributive legal reform.

Misuses of Comparative Law in International Development

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

This book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Hart Studies in Constitutional Law

Landmark edited volume on the making and amendment of the UK constitution.

Making and Amending the Constitution

China Perspectives

This book presents a systematic empirical study of contemporary China's litigation case volume, judges' workload, and how courts attempt to alleviate the problem of "high caseloads with insufficient personnel" through enhanced management practices.By comparing caseloads and judge numbers across Chinese, U.S., and Japanese court systems, it shows that contemporary Chinese courts are also compelled to confront the "case-judge imbalance". Using nationwide survey data, the book indicates that Chinese judges bear an exceptionally heavy workload and significant stress, partly due to non-adjudicative work they are required to perform. The book describes how Chinese courts have employed trial management techniques to mitigate this problem. It also demonstrates how digital infrastructure supports scientific court management. The book analyzes the characteristics of Chinese court management and offers policy suggestions to address the global challenges of the case-judge imbalance and judicial capacity crisis.Scholars of court management, comparative judicial systems, and those interested in China studies will find the book appealing.

An Empirical and Comparative Perspective

Managing the Workload of Chinese Courts

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Beyond the Negligence Paradigm offers a novel engagement with key problems and failings which have long been identified with the operation of the negligence system. Connecting a broad range of critical approaches in private legal theory that laments the disconnection between negligence and the 'real world', the author analyses the various obstacles – including the very nature of law and scientific knowledge – which make inevitable a difficult and incomplete intersection. Illustrating how a stronger appreciation of the nature of science helps to achieve a better appreciation of law, in particular underpinning the importance of exploring non-legal approaches, the author seeks to provide a fresh vantage point from which policy-makers and socio-legal scholars can identify new and more honest strategies for addressing and managing the incidence of error, accidents and injury. Recommending a de-centring of negligence-style thinking, the work argues in favour of a more open-ended inquiry about the mechanics of social life and our ignorance of it.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

Oxford Monographs on Criminal Law and Justice

While prevailing accounts of victim participation often frame victims as holders of primarily private interests, victims in common law jurisdictions have increasingly emerged as active public participants in criminal justice systems. With a comparative focus on England and Wales and the United States, Victims as Agents of State Accountability recharacterizes victims as agents of accountability in state decision-making. Through historical, empirical, and case-based analysis, this book advances a normative framework that positions the victim's role as a civic duty, enhancing transparency, legitimacy, and substantive equality in prosecutorial decisions. Accordingly, mechanisms of state accountability are examined, such as private prosecutions, judicial review, and internal review schemes, illustrating how their potential for accountability differs depending on whether victims are recognised as advancing primarily public or private interests. Case studies demonstrate the limits of conceiving victim interests as private and the possibilities of substantive assessments of prosecutorial decisions when interests are understood as public. Ultimately, the book contributes to debates in criminal law and justice by proposing an accountability role that is reflexive and equality-driven. Its comparative and normative insights provide guidance for common law jurisdictions and beyond, highlighting the importance of recognising victims as legitimate participants in shaping the public interest and holding the state accountable within criminal justice.

A Comparative and Normative Analysis

Victims as Agents of State Accountability

Hart Studies in European Criminal Law

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

Law, Theory and Practice

Insurability of Emerging Risks

This open access book brings together some of the most eminent scholars of international trade to celebrate the scholarly, diplomatic, and institution-building achievements of Thomas Cottier, Professor Emeritus of International Economic Law at the University of Bern and founder of the World Trade Institute. Over his half-century career, Thomas Cottier has promoted the development of international trade law by shaping our understanding of how multiple layers of law interact to form a global legal system. While multilateral trade law is the "melody" of the system, it is made fuller by a host of regional and national layers of harmonising - and sometimes discordant - legal rules. Covering both general trade policy and the economic relations between Switzerland and the EU, the chapters examine Thomas Cottier's fundamental belief in the necessity of studying the interaction of every level of governance - local, national, and international - when considering the policies of economic exchange between countries, as well as his cosmopolitan belief in the need to foster a global community dedicated to bettering the lives of individuals around the world. The special relationship between the EU and Switzerland is addressed, honouring Professor Cottier's dedication to the political debates within Switzerland on the extent to which the country should participate in the European project, exemplifying the themes of multilayered governance and the common concerns of all people. The book's contributors comprise leading scholars and practitioners who have worked closely with, or whose work and professional journeys have been largely influenced by, Thomas Cottier. 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 Swiss National Science Foundation.

Thomas Cottier and the Harmonies of Trade

International Economic Law as Symphony

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

The Foundations of Tort Law in the Civilian Tradition

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