New Books in the TRU Law Library

The Research Handbook on Law and Utilitarianism sheds light on contemporary legal culture and the ways in which it interacts with theories of justice. Guillaume Tusseau brings together an interdisciplinary range of scholars to analyse the utilitarian standpoint on legal disciplines and legal governance, as well as the contribution of utilitarian arguments to legal debates. The Research Handbook addresses the practical contribution of utilitarian thinkers and politics on the development and reform of specific branches of law, including private, criminal, constitutional, administrative, procedural and human rights.

This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order. Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism.

This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies. The book argues that, despite its rare application, the ARIO are a useful resource for ascertaining the responsibility of IOs in the form of judicial, non-judicial, internal or external control mechanisms.

Building on economic and feminist critiques of legal individualism, this book develops a relational analysis of constitutional law in the context of real-world social inequality. It provides a methodological framework for legal scholarship as well as a vocabulary for equality-oriented interpretations of law. Cara Röhner investigates the concept of an inequality audit of constitutions, as well as the three dimensions of inequality: redistribution, recognition and representation. Röhner reconstructs how socioeconomic and gender inequalities are negotiated under German constitutional law and EU law.

This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it investigates vital questions on where accountability and responsibility for AI-related violations of human rights should lie. Expert contributors examine the evolution, strengths, weaknesses and loopholes of international guidelines and standard-setting initiatives for AI by the United Nations, Council of Europe and European Union.

This book explores how various strategies have been developed over time to address different human rights objectives. It provides a critical examination of the benefits and drawbacks of different human rights strategies, and explores the cultural dimension; considering how particular strategies may be viewed and deployed differently in contemporary human rights practice. An international team of expert legal scholars focus on three key human rights strategies: naming and shaming, strategic litigation and information politics. By analysing these strategies, they explain their respective advantages, pitfalls and idiosyncrasies.

Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely and state-of-the-art contribution to this important field of study. Adopting perspectives from both inside and outside the EU, chapters use international law as a starting point to see how it plays out in the context of EU law as well as vice versa.

Double Taxation in Europe: A Practical Guide to Obstacles and Avoidance Measuresbrings together a team of tax law experts to critically examine double taxation issues for corporations and individuals. The book explains the main internationally-recognised methods to avoid double taxation, and features country-focused chapters covering all European countries. A fundamental guide for tax advisers and legal practitioners, this book highlights the general obstacles for the avoidance of double taxation, so that taxpayers can structure their investments to mitigate double taxation. This book will be widely welcomed by tax professionals and will also be of interest to academics and students of commercial law, European law and tax law.

Combining detailed legal analysis with commercial guidance, this book examines the law relating to good faith in commercial contracts and the practical, procedural and legal issues that arise in respect of this often contentious area. Christina Perry evaluates express and implied good faith obligations in common and civil law contracts, as well as in commercial, employment, insurance, partnership and agency agreements. This book is an essential resource for lawyers, both in-house and in private practice, who are responsible for advising clients on the negotiation and drafting of commercial contracts. It is also a helpful reference for students and scholars of commercial law, consumer law, employment law, finance and banking law, and insurance law.

In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement. The book provides a clear picture of how the legal systems in China, Germany, UK and the US resolve the common problem of patent infringement threats from various perspectives including statutes and judicial practice.

Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK and the US. Bringing together a carefully selected group of experts, this Research Handbook assesses a broad range of topics including registration systems, branding, distinctiveness, use and ownership, the role of colour, secondary liability and marks as property. It explores the nature and function of trademarks as well as the development of legislation and administrative frameworks regulating marks in the 19th and 20th centuries.

The Conceptual Structure of EU Competition Lawprovides a systematic overview of the key theoretical issues of restrictive agreements, by means of doctrinal analysis and comparative law. Engaging in both positivist and evaluative approaches, Csongor István Nagy conceptualizes the case-law in practical terms, outlining its paradigmatic changes and apparent contradictions. Chapters explore the purpose of competition law and the structure of competition analysis; the categories of anticompetitive object; the delimitation of object and non-object agreements; the borderline and recently emerged or emerging categories; the analytical framework of effects-analysis; and the consideration of general societal values.

Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics. The Research Handbook on European Property Lawprovides a forward-thinking and topical examination of the field, critically dissecting its foundations as well as its parameters. Contributing authors crucially highlight how analysis of property law has become part of mainstream comparative law narratives.

The Research Handbook on EU Competition Law and the Energy Transitioncomprehensively analyses key topics in the field, covering both traditional and emerging antitrust, state aid, and policy issues related to energy transformation, increased sustainability goals and the functioning of European energy markets. Balancing theory, practice and actionable advice, this Research Handbook is an essential reference work for academics and students in competition and antitrust law and energy law.

In this highly topical second edition of EU Trade Law, Rafael Leal-Arcas presents a thorough analysis of EU law and policy in the field of international trade with an updated focus on sustainability. This updated edition provides a clear overview of the substantive and procedural aspects of EU trade law and policy, balancing problems and solutions using timely case studies. Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the conclusion of the WTO Agreement and the Treaties of Rome, Amsterdam, Nice and Lisbon. Additional thought is given to the role of EU Member States and major EU institutions in international trade negotiations.