bluuebunny/crossref_metadata_2025 huggingface dataset:
Street v Mountford [1985] AC 809, House of Lords
Authors: Nair Aruna
Published: August 2019

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Street v Mountford [1985] AC 809, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal
Authors: Nair Aruna
Published: August 2019

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Re Ellenborough Park [1956] Ch 131, Court of Appeal
Authors: Nair Aruna
Published: August 2019

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Ellenborough Park [1956] Ch 131, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Halsall v Brizell [1957] Ch 169, High Court (Chancery Division)
Authors: Nair Aruna
Published: August 2019

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Halsall v Brizell [1957] Ch 169, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.
R v Miller [1983] 2 AC 161, House of Lords
Authors: Herring Jonathan
Published: August 2019

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Miller [1983] 2 AC 161, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Thabo Meli [1954] 1 WLR 228, Privy Council
Authors: Herring Jonathan
Published: August 2019

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Thabo Meli [1954] 1 WLR 228, Privy Council. The document also included supporting commentary from author Jonathan Herring.
R v Barnes [2004] EWCA Crim 3246, Court of Appeal
Authors: Herring Jonathan
Published: August 2019

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Barnes [2004] EWCA Crim 3246, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Collins [1973] QB 100, Court of Appeal
Authors: Herring Jonathan
Published: August 2019

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Collins [1973] QB 100, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords
Authors: Herring Jonathan
Published: August 2019

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Coley [2013] EWCA Crim 223, Court of Appeal
Authors: Herring Jonathan
Published: August 2019

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Coley [2013] EWCA Crim 223, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Pace and Rogers [2014] EWCA Crim 186, Court of Appeal
Authors: Herring Jonathan
Published: August 2019

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Pace and Rogers [2014] EWCA Crim 186, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Pennington v Waine [2002] EWCA Civ 227, Court of Appeal
Authors: Whayman Derek
Published: August 2019

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pennington v Waine [2002] EWCA Civ 227, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Coventry v Lawrence [2014] UKSC 13, Supreme Court
Authors: Whayman Derek
Published: August 2019

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
FSHC Group Holdings Ltd v GLAS Trust Corp [2019] EWCA Civ 1361, Court of Appeal
Authors: Whayman Derek
Published: August 2019

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Patel v Mirza [2016] UKSC 42, Supreme Court
Authors: Whayman Derek
Published: August 2019

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Patel v Mirza [2016] UKSC 42, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
Authors: Purshouse Craig
Published: August 2019

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465. The document also included supporting commentary from author Craig Purshouse.
Smith v Eric S Bush [1990] 1 AC 831
Authors: Purshouse Craig
Published: August 2019

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith v Eric S Bush [1990] 1 AC 831. The document also included supporting commentary from author Craig Purshouse.
Iqbal v Prison Officers Association [2010] QB 732
Authors: Purshouse Craig
Published: August 2019

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.
Rookes v Barnard [1964] AC 1129
Authors: Purshouse Craig
Published: August 2019

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rookes v Barnard [1964] AC 1129. The document also included supporting commentary from author Craig Purshouse.
Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987
Authors: O'Meara Noreen
Published: August 2019

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987. The document also includes supporting commentary from author Noreen O’Meara.
Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001
Authors: O'Meara Noreen
Published: August 2019

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also includes supporting commentary from author Noreen O’Meara.
Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004
Authors: O'Meara Noreen
Published: August 2019

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004. The document also includes supporting commentary from author Noreen O’Meara.
Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011
Authors: O'Meara Noreen
Published: August 2019

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011. The document also includes supporting commentary from author Noreen O’Meara.
Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44
Authors: Jackson Nicola
Published: August 2019

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Bank of Scotland v Etridge (No. 2) [2001] UKHL 44. The document also includes supporting commentary from author Nicola Jackson.
Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696
Authors: Jackson Nicola
Published: August 2019

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696. The document also includes supporting commentary from author Nicola Jackson.
1. Introduction to competition law
Authors: Marco Colino Sandra
Published: August 2019

This chapter presents an introduction to competition law covering the development of competition law, the experience of the United States, economics and competition law, and competition law resources. Competition law is the legislation that ensures competition is protected from unrestrained market power in free market economies. The primary purpose of competition law is to remedy some of the situations in which the free market system — in which supply and demand, and not government intervention, determine the allocation of resources — breaks down. The point was well made in the House of Lords debate during the passage of the Competition Act 1998 (CA) that ‘competition law provides the framework for competitive activity. It protects the process of competition’.
4. International issues and the globalization of competition law
Authors: Marco Colino Sandra
Published: August 2019

This chapter draws a distinction between public, institutional enforcement of competition law, which may raise issues of public international law, and private actions before national courts. The coexistence of competition law regimes around the world means that companies that trade internationally may find themselves subject to the law of a ‘foreign’ state. While in the US the effects doctrine is relied on to assert jurisdiction, in the EU there has been no explicit adoption of the effects doctrine. Instead, the EU relies upon an ‘implementation’ doctrine. Under principles of comity a state may recognize the interests of another state when applying its competition law. Multilateral initiatives have been taken to try to resolve difficulties, but there is at present no single global agreement on competition law.
7. Procedure: complaints and third-party rights
Authors: Marco Colino Sandra
Published: August 2019

This chapter focuses on the rights of those wishing to take action against an infringement of competition law, potentially with a view to being compensated for the harm they may have suffered. One option is going to the relevant competition authority and filing a complaint to trigger the public enforcement route, saving the cost of litigation. The other option is to seek competition law enforcement in private claims before the courts. Claimants may seek damages or other remedies, including injunctions. In the UK, damages may be sought before the Competition Appeals Tribunal (CAT) and before the national courts. Collective claims can only be brought before the CAT. The number of private actions is increasing, and efforts have been made both by the EU and UK legislators to encourage more private litigation.
8. The economics of agreements, collusion, and parallel conduct
Authors: Marco Colino Sandra
Published: August 2019

A group of firms can act together and damage the market and produce unwelcome welfare effects. This is known as a ‘cartel’ or ‘cartelization’. However, multi-firm conduct is often a more difficult phenomenon to analyse and identify than single firm or monopoly behaviour. This chapter discusses horizontal restraints, vertical agreements, and vertical restraints. Horizontal agreements may raise concerns that competition is being harmed, but collusion may be difficult to detect. The problems of policing horizontal conduct may be exacerbated in oligopoly markets, where there are few competitors which frequently mimic each other’s conduct without necessarily coordinating. Cartel arrangements may be difficult to put in place, but may have long-term success. Vertical agreements are less likely to raise competitive concern, unless they are linked to the exercise of market power, or contribute to the exclusion of competitors from a market.
12. The cartel offence
Authors: Marco Colino Sandra
Published: August 2019

This chapter discusses cartel offence, contained in Part 6 of the Enterprise Act 2002 (EA), and in particular section 188, which made it a criminal offence to engage in cartel activity implemented in the UK. It applies to horizontal price fixing, market sharing, bid rigging, and production limitation agreements. Individuals can be prosecuted and may face imprisonment and/or individual fines. In its original formulation, the cartel offence had limited success. In 2013, the Enterprise and Regulatory Reform Act 2013 (ERRA) introduced three important modifications to section 188 of the EA: it removed the requirement that the conduct be ‘dishonest’; it added a section 188A with a list of exclusions, or circumstances under which engaging in a cartel would not be ‘criminal’ and it included, in new section 188B, possible defences.
14. The elements of Article 102 TFEU
Authors: Marco Colino Sandra
Published: August 2019

This chapter discusses Article 102 TFEU, which applies to abusive conduct engaged in by undertakings in a dominant position. The dominant position must be held in a ‘substantial part’ of the internal market for EU competition law to apply. Abuses can take many forms, and include conduct designed to preserve or expand the power of the undertaking (‘exclusionary abuses’) and conduct aiming to exploit the power of the undertaking (‘exploitative abuses’). No exemptions are available, but the alleged abusive conduct may be defended on the grounds that it is ‘objectively justifiable’ or if there are efficiency justifications. A breach of Article 102 TFEU may incur penalties, damages, and a requirement of conduct modification.
15. The Chapter II Prohibition
Authors: Marco Colino Sandra
Published: August 2019

This chapter provides an outline of the operation of Chapter II Prohibition, pointing out the relevant guidelines and decisions. This Chapter II Prohibition, contained in section 18 of the Competition Act 1998 (CA), is the UK domestic equivalent of Article 102 TFEU. It is to be applied, and its terms interpreted, in a way that is consistent with the application of Article 102 TFEU, unless there is a ‘relevant difference’. If Article 102 TFEU is applicable to any practice being examined under Chapter II Prohibition, it must be applied. A breach of Chapter II Prohibition may incur penalties, damages, and a requirement of conduct modification.
16. An analysis of the principal abusive practices
Authors: Marco Colino Sandra
Published: August 2019

This chapter focuses on the most important pricing and non-pricing practices, which together constitute the larger part of the anti-competitive and exploitative abuses of dominant firms. The types of conduct considered abusive of market power are similar under most competition regimes, and include both pricing and non-pricing practices. The ‘form-based’ analysis of abusive practices is progressively shifting to an ‘effects-based approach’. In the EU and the UK, both exclusionary and exploitative abuses may fall foul of the relevant competition law provisions. Exclusionary practices are usually considered abusive when they are likely to lead to ‘anticompetitive foreclosure’. The EU and UK law and practice in relation to all these potential abuses is and will remain aligned until the UK has formally left the EU.
23. The common law and competition
Authors: Marco Colino Sandra
Published: August 2019

This chapter considers the areas in which the operation of the common law impacts upon issues that are closely related to the public regulation of competition. Certain doctrines of common law may be applied to situations in which competition is being restrained, or to competitive conduct. Common law doctrines in antitrust are becoming less important following the growth of modern competition law. The restraint of trade doctrine remains vibrant, and is often relied on in professional disputes. Restraint of trade is a doctrine of contract law under which certain contracts are unenforceable if they unreasonably restrain the activity of a party after the termination of the main contract. A number of rarely used torts may also be relevant to certain competitive situations.
Subjects of international law
Authors: Crawford James
Published: August 2019

This chapter on subjects of international law discusses established legal persons and special types of personality. Established legal persons cover states, entities legally proximate to states, entities recognized as belligerents, international administration of territories prior to independence, international organizations, and individuals. Special types of personality cover public and private corporations, non-self-governing peoples, and entities sui generis.
Status of territory: further problems
Authors: Crawford James
Published: August 2019

This chapter begins with a discussion of international procedures of territorial disposition, covering agreement between the states concerned, joint decision of the principal powers, and action by United Nations organs. It turns to the issue of sovereignty displaced or in abeyance, covering territory sub judice, territory title to which is undetermined, terra nullius, res communis, and Antarctica.
Common spaces and cooperation in the use of natural resources
Authors: Crawford James
Published: August 2019

This chapter discusses some legal issues that can arise in connection with the use of shared resources; the generation and use of energy and other uses of transboundary water resources; and other forms of transboundary co-operation, as well as issues specific to the polar regions and outer space.
Unilateral acts, acquiescence, and estoppel
Authors: Crawford James
Published: August 2019

This chapter discusses the concepts of unilateral acts, acquiescence, and estoppel, and the relation between the three. All three are rooted in the principle of good faith, but unilateral acts are in their essence statements or representations intended to be binding and publicly manifested as such, whereas acquiescence and estoppel are more general categories, consisting of statements or representations not intended as binding nor amounting to a promise, whose binding force depends on the circumstances.
Jurisdictional competence
Authors: Crawford James
Published: August 2019

Jurisdiction refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. This chapter discusses prescriptive jurisdiction over crimes, civil prescriptive jurisdiction, the separateness of the grounds of jurisdiction, and enforcement jurisdiction.
Use or threat of force by states
Authors: Crawford James
Published: August 2019

This chapter discusses international law governing the use or threat of force by states. The UN Security Council has primary responsibility for enforcement action to deal with breaches of the peace, threats to the peace, or acts of aggression. Individual member states have the right of individual or collective self-defence, but only ‘until the Security Council has taken measures necessary to maintain international peace and security’. However, the practice has evolved of authorizing peacekeeping operations that are contingent upon the consent of the state whose territory is the site of the operations.
2. Subsistence of copyright
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter examines the subsistence of copyright. Subsistence is a central requirement for copyright protection — unless it is established that copyright subsists in one's work, one cannot make a viable claim that someone else has used one's work without permission. Section 1 of the Copyright, Designs and Patents Act 1988 (CDPA) declares that copyright is a property right which subsists in an exhaustive, or closed, list of eight different categories of ‘work’: original literary, dramatic, musical, or artistic works; sound recordings, films, or broadcasts; and the typographical arrangement of published editions. Originality is the paramount criterion of copyright protection. For this reason, there are a great many cases that consider how to define the level of originality required for a piece of literature, drama, music, or art to be protected.
3. Authorship and ownership
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter analyses how the law evaluates authorship of copyright works. It is crucial to distinguish between authorship and ownership of copyright works, as the two do not necessarily coincide. The reason for this is that an author may decide to license or assign the ownership of the work to a third party, such as a publisher, in exchange for money, i.e. royalties. In such case, the author would still be classed as the author of the work, but would no longer own the economic rights to control the ‘restricted acts’. Authorship and ownership of copyright works is even more complicated in the case of works that are authored and owned jointly. The definition of a work of joint authorship is very precise — it must not be possible to identify each author's respective contribution. The rights of joint-owners are set out in s. 173(2) CDPA.
5. Defences
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter looks at the relevant statutory and non-statutory defences to copyright infringement. Defences against copyright infringement usually take the form of the so-called exceptions and limitations to copyright, which are meant to enhance and maintain a balance of interests between copyright holders and users. Exceptions allow individuals to carry out an exclusive act in relation to a copyright work, without asking authorisation from the copyright holder and without having to pay remuneration. Limitations, on the other hand, allow individuals to carry out an exclusive act in relation to a copyright work in return for paying remuneration to the copyright holder. The chapter then sets out the principal general copyright defences — which are discussed under the umbrella term of ‘fair dealing’ — and indicates which categories of work are covered by which defence and the requirements attached to each.
12. Relative grounds for refusal of registration
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter analyses the relative grounds for refusal of trade marks from registrability. Whilst absolute grounds are concerned with an analysis of a proposed mark's innate qualities, covering defects in the mark as such, relative grounds involve a comparison of the mark with prior rights. In particular, relative grounds occur when a mark applied for is already in use or when a similar mark is already in use. The chapter notes that s. 5 of the Trade Marks Act 1994 recognises three instances in which relative grounds for refusal will succeed: where the sign is identical to an earlier sign and the goods and/or services applied for are also identical; where the sign is identical to an earlier sign and the goods and/or services applied for are similar; and where the sign is similar to an earlier sign and the goods and/or services applied for are identical or similar.
13. Infringement and loss of registration of trade marks
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter focuses on trade mark infringement, setting out the rights of a trade mark owner to prevent others from making use of any sign which is the same as or similar to the registered mark in the course of trade. A claimant who brings a trade mark infringement action will have to show two things: that an act of infringement has been committed, and that such conduct falls within the scope of protection afforded to the registered mark. Once these two points have been established, the court will normally find in favour of the claimant unless one or more of the counter-arguments raised by the defendant succeeds. A defendant who is sued for trade mark infringement, besides denying that infringement has been made out or raising one of the statutory defences, will usually try to counterclaim that the mark should be revoked or declared invalid.
15. Introduction to patents
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter discusses patents, which protect inventions — often new medicinal compounds or new aspects of technology — that are novel, inventive, and capable of industrial application. There are four arguments in support of patent protection. The first is a moral justification based on the assertion that there is a natural property right in ideas. The second argument is that justice and fairness demand that there should be a reward for services useful to society. The third argument is that patents are necessary to secure economic development. Finally, the fourth justification is the ‘exchange for secrets’ theory. The Patents Act 1977 dealt with the substantive law of UK patents for the first time. The Act's provisions are influenced primarily by the terms of the Patent Co-operation Treaty 1970 and the European Patent Convention 1973. The chapter then considers the five key stages in the UK procedure to obtain a domestic patent.
18. Infringement of patents
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter explores the infringement of patents. In the United Kingdom, s. 60 of the Patents Act is the key provision on direct patent infringement. The patentee will have to show two things: first, that one or more infringing acts have been committed within the United Kingdom, and second, that the defendant's conduct falls within the scope of protection afforded to the patent, i.e. within the literal or purposive meaning of the claims. By way of response, the defendant to a patent infringement action can raise a number of different arguments. It can deny that the claimant has established the elements of the infringement action by showing that no infringing conduct has been committed, or even if it has, that the defendant's product or process is not within the meaning of the claims. The Patents Act defines infringing conduct in s. 60. One critical aspect is that it must involve some sort of commercial activity.
2. Sources of international law
Authors: Hernández Gleider
Published: August 2019

This chapter discusses the sources of international law. International law’s authority is generally regarded as deriving from the consent of States. As such, it is only pursuant to State consent that international legal rules can be developed. This is not to say that all international law is made by States; States frequently delegate law-making authority to specific bodies or organs, and they may acquiesce or consent to a legal rule which originated in a non-State institution. The chapter then considers Article 38 of the Statute of the International Court of Justice. Technically, Article 38 of the ICJ Statute only lays out the categories of sources to be applied by the ICJ: its lex arbitri or applicable law. Yet, in practice, Article 38 has long been regarded as an authoritative, complete statement as to the sources of international law.
4. International law and municipal law
Authors: Hernández Gleider
Published: August 2019

This chapter assesses the relationship between international law and municipal law. Though international law deals primarily with inter-State relations, and municipal law addresses relationships between individuals or between individuals and the State, there are many overlapping issues on which both international and national regulation are necessary, such as the environment, trade, and human rights. Though the international legal order asserts its primacy over municipal legislation, it leaves to domestic constitutions the question of how international legal rules should be applied or enforced in municipal orders. Two conflicting doctrines define the relationship between international and municipal legal orders: dualism and monism. Dualism is usually understood as emphasizing the autonomy and distinct nature of municipal legal orders, in which the State is sovereign and supreme. Meanwhile, theories of monism conceive the relationship between international and municipal legal orders as more coherent and in fact unified, their validity deriving from one common source.
5. States as subjects of international law
Authors: Hernández Gleider
Published: August 2019

This chapter focuses on the nature of the State and the criteria for statehood. International law evolved to regulate the relationships between the communities that became known as States, and it is States that remain the plenary subjects of international law. In any event, under international law it is States that possess full, objective legal personality, endowing them with full legal capacity with respect to rights, powers, and obligations within that legal system. Within international law, these include, inter alia: the ability to appear before international tribunals or national tribunals in order to enforce rights under international law; to be subject to obligations under international law; to make binding international agreements (treaties); and to enjoy some or all immunities. Conversely, other entities regarded as subjects under international law, whether individuals or national liberation movements, have come to be regarded as having international personality only through conferral or recognition by States.
11. Diplomatic protection and issues of standing
Authors: Hernández Gleider
Published: August 2019

This chapter discusses the notion of ‘diplomatic protection’, or the idea that a State may espouse the claims of its nationals and claim on their behalf. Because diplomatic protection by a State to persons necessarily extends beyond its territory, its exercise has potential ramifications for the sovereignty of other States. Certain rules have therefore emerged to avoid the uncomfortable situation where States submit legal claims as a strategic tool in international relations. Many of these are reflected in the Articles on Diplomatic Protection proposed by the International Law Commission (ILC) in 2006. In such situations, even if locus standi or ‘standing’ can be established, the admissibility of a claim before an international tribunal is precluded. The chapter then studies the rules relating to the admissibility of claims of diplomatic protection.
12. International dispute settlement and the ICJ
Authors: Hernández Gleider
Published: August 2019

This chapter examines the various political or diplomatic methods available for international dispute settlement. These methods include negotiation, mediation or ‘good offices’, inquiry, and conciliation. The array of diplomatic techniques available to parties to resolve a dispute is complemented by various means of settling disputes through the application of binding solutions based on the law. Two in particular, arbitration and adjudication, principally developed from earlier forms of non-binding settlement. Though these are different, they are linked by two principal characteristics. Foremost, they allow for a third party to issue a decision that is binding on the parties. Second, resorting to these methods requires the prior consent of the parties. The chapter then considers the International Court of Justice, the ‘principal judicial organ’ of the United Nations. The ICJ’s structure was frequently utilized as a model for later judicial institutions, making an enormous contribution to the development of international law.
14. The use of force and collective security
Authors: Hernández Gleider
Published: August 2019

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.
15. The law of armed conflict
Authors: Hernández Gleider
Published: August 2019

This chapter assesses the law of armed conflict. The right to resort to armed force, known as ‘jus ad bellum’, is a body of law that addresses the permissibility of entering into war in the first place. Despite the restrictions imposed by this body of law, it is clear that international law does not fully forbid the use of force, and instances of armed disputes between and within States continue to exist. Consequently, a second, older body of law exists called ‘jus in bello’, or the law of armed conflict, which has sought to restrain, or at least to regulate, the actual conduct of hostilities. The basic imperative of this body of law has been to restrict warfare in order to account for humanitarian principles by prohibiting certain types of weapons, or protecting certain categories of persons, such as wounded combatants, prisoners of war, or the civilian population.
16. International human rights and refugee law
Authors: Hernández Gleider
Published: August 2019

This chapter addresses international human rights and refugee law. In 1948, the General Assembly adopted the famed Universal Declaration of Human Rights (UDHR). Many of its provisions have influenced the adoption of major multilateral treaties, or have come to reflect customary international law, at times through influencing the drafting of State constitutions. The UDHR has also been referred to by international courts to give weight, or to interpret, obligations contained in other treaties. Two overarching covenants were also adopted separately in 1966: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In parallel with the emergence of human rights protection at the international level, several regional frameworks exist. The chapter then looks at the European, American, and African human rights conventions and accompanying institutions.
18. The law of the sea
Authors: Hernández Gleider
Published: August 2019

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.
20. International economic law
Authors: Hernández Gleider
Published: August 2019

This concluding chapter discusses international economic law. When discussing ‘international economic law’ one is addressing the international regimes that regulate international trade, investment, and economic development. The multilateral and bilateral treaties in these areas have become the focal point for the global economy today. International economic law developed rapidly since the end of the Second World War, when the 1944 Bretton Woods Accords established the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (the World Bank), placing financial institutions at the heart of the post-war settlement. Meanwhile, the law on international trade grew around the General Agreement on Trade and Tariffs (GATT), but today centres on the World Trade Organization in Geneva. International investment law has no equivalent overarching institution, but rather exists as a dense web of bilateral investment treaties (BITs) which have emerged in the last three decades.
4. Learning the blues: the establishment and legitimation of professional policing in Britain 1829–2018
Authors: Bowling Benjamin , Reiner Robert , Sheptycki James
Published: August 2019

This chapter first looks at the history of British professional policing between 1829 and 1856, when the police idea was highly controversial. It compares the new police with the old forms, the motives for police reform, and the social impact of the new police. It also considers the basis of opposition to the police, and describes how the role of policing in social order became recognized. There follows an analysis of the legitimation of the modern British police in the face of widespread opposition. This partly relates to such operational strategies as bureaucratic discipline, subjection to the rule of law, non-partisanship, accountability, a service role, and preventive policing. These were facilitated by cultural changes, notably the incorporation of the working class, into the fabric of civil, political, and socio-economic citizenship. After the 1970s, with the emergence of neo-liberalism, these processes reversed and the police became increasingly controversial and politicized.
7. Below, beyond, and above the police: pluralization of policing
Authors: Bowling Benjamin , Reiner Robert , Sheptycki James
Published: August 2019

The chapter surveys theories concerning the hybrid nature of the plural policing web. It evaluates the claim that a fundamental shift in policing occurred at the beginning of the twenty-first century. Holding police métier as a definitional constant, the chapter examines how policing is enacted from different institutional positions in plural policing. It outlines the history of claims about the rise of plural policing before discussing its relation to law, the military, technology, territory, locality, the rising importance of private ‘high policing’, and the centrality of surveillance. The chapter demonstrates the complex opportunity structure of the plural policing web, the variety of legal and technological tools involved in its operations, and suggests that it poses fundamental problems for the democratic governance of police that have not been resolved. It concludes that there is both continuity and change in the politics of the police and that claims of a fundamental break have been overstated.
8. Cop cultures
Authors: Bowling Benjamin , Reiner Robert , Sheptycki James
Published: August 2019

This chapter critically examines the concept of cop culture, that is, the world view and perspectives of police officers. It considers the core characteristics of police culture portrayed in empirical studies at many different places and times, relating them to the danger and authority associated with the police role. It then discusses the themes of mission, hedonistic love of action, and pessimistic cynicism that characterize policework and how they relate to other facets of cop culture such as suspicion, isolation/solidarity, and conservatism. Finally, it analyses variations in cop culture and in organizational culture. The fundamental argument is that the structural features of the police role in liberal democratic societies generate tensions and the cultural perspectives that enable police to cope with them, although these have negative features reflecting the fundamental patterns of social injustice and inequality.
2. Criminal law history
Authors: Horder Jeremy
Published: August 2019

This chapter explores aspects of the criminal law’s history. The main focus is the influence of religious—and, especially, biblical—thought on the criminal law. This influence does something to explain the law’s harsh attitude to theft and homosexuality, as well as to murder. Examination of efforts to codify the law is also included. This exploration is central to the analysis of how the past has shaped the criminal law’s values. However, the development of the law has not been one of continuous moral improvement. Old injustices have been replaced by new ones. In that regard, threats to civil liberties are also discussed in the final section, focusing on bureaucratic regulation, terrorism, and free speech.
4. Criminal law fabric
Authors: Horder Jeremy
Published: August 2019

This chapter analyses the fabric of criminal law—rules, standards, and principles—giving examples of how each of these are used to construct the criminal law. A particular highlight, in the discussion of rules, is the importance of secondary legislation in creating offences, especially offences regulating business activity. The chapter also considers the values that the criminal law should respect, such as human rights, moral autonomy, and lifestyle autonomy. To that end, the chapter explains the harm principle, and the arguments for and against punishing ‘immoral’ behaviour. There is also an analysis of important principles of criminal offence construction and interpretation, such as the principle of strict construction, and the authoritarian principle.
5. Criminal conduct: actus reus, causation, and permissions
Authors: Horder Jeremy
Published: August 2019

This chapter focuses on the ‘general part’ of the criminal law—the rules and principles of the criminal law whose importance and application can be analysed and debated without necessarily referring to a specific crime. It first examines the limits of the notion of involuntary conduct. It then looks at various challenges to the ‘voluntary act’ requirement—where is the act if the law criminalizes the occurrence of a state of affairs, or mere possession? Next, it considers how the voluntary act requirement relates to crimes of omission. This is followed by discussions of causation and the circumstances in which conduct may be recognized as justifiable.
13. Inchoate offences
Authors: Horder Jeremy
Published: August 2019

This chapter begins by explaining the concept of an inchoate or ‘incomplete’ offence. Such an offence may occur when D does all that he or she can do to commit the crime (such as shooting at the victim), but simply fails to bring about the outcome. Alternatively, such an offence may occur when D is still at the stage of preparation for committing the offence, but has come so close to committing it that it would be right to call the acts in question an ‘attempt’ in themselves. The chapter then discusses the justifications for penalizing attempts at crimes, the elements of criminal attempt, the justifications for an offence of conspiracy, the elements of criminal conspiracy, incitement, encouraging or assisting crime, voluntary renunciation of criminal purpose, the relationship between substantive and inchoate crimes, and the place of inchoate liability.
1. Introduction to banking law and regulation
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

This introductory chapter provides an overview of banking law and regulation. Banking law and regulation covers private commercial law developed through banking custom, standards of good practice, and the common law, which together have a long history of shaping and refining the rights and obligations of banks and their customers. Consumer protection lies at the heart of many banking law and regulatory initiatives, which often seek to address or rebalance the superior bargaining position of banks in the bank–customer relationship. In recent decades, public regulatory sources of law in banking regulation have become multi-layered and complex, ranging from international to European and national regulation. The chapter also describes the nature of the banking business as well as its types and scope.
6. UK banking supervision and regulatory architecture
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

This chapter addresses the UK bank supervision and regulatory architecture. Although banking business has existed in England since the seventeenth century, banks enjoyed no formal system of regulation until the introduction of the Banking Act of 1979. Over the years, the scope and intensity of regulation increased. After the global financial crisis, further changes were made to bank regulation as well as the regulatory architecture in the UK for bank regulation. The regulatory architecture introduced in April 2013 is characterised as ‘twin peaks’, that is, having two main agencies that are responsible for different regulatory objectives. The Prudential Regulation Authority (PRA) is responsible for ‘prudential’ objectives—that is, the solvency and financial soundness of financial institutions—while the Financial Conduct Authority (FCA) is responsible for conduct of business and market regulation, including promoting competition. The PRA and FCA enjoy a wide berth of rule-making and enforcement powers.
9. Micro-prudential regulation II
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

This chapter discusses other regulatory techniques to control bank risk-taking, many of them developed since the global financial crisis of 2007–9. The Basel Committee has now introduced two liquidity standards for banks as internationally harmonising measures: the liquidity coverage ratio and the Net Stable Funding Ratio (NSFR). Besides liquidity management rules, there are other measures of micro-prudential regulation developed or enhanced after the crisis. One is the leverage ratio, which sets an absolute amount of lending banks can engage in, regardless of risk-weighting. Another is large exposures regulation in the EU, which deals with controlling the over-concentration by banks in lending to certain customers. The chapter also looks at systemically important financial institutions that are global banks with such an international footprint that their vulnerabilities may threaten financial systems and economies more acutely than other banks. Moreover, it illustrates the frameworks for stress testing.