bluuebunny/crossref_metadata_2025 huggingface dataset:
15. Licences and Proprietary Estoppel
Authors: Thompson Mark P. , George Martin
Published: August 2017

In recent times, there has been considerable development with respect to determining how rights in land can be created and the implications of such rights for purchasers of land. Licences are not considered full proprietary rights but provide an interesting area where the law seeks to protect licensees from both the licensor and, in some cases, the purchaser. It is an area of law where the courts have had to deal with informal relationships and try to balance the conflicting pressures of the satisfaction of legitimate expectations with the desire for security of transactions. This chapter focuses on licences and estoppel. It first considers the nature of licences before turning to contractual licences and the licensee’s rights, contractual licences and third parties, equitable estoppel, estoppel and other concepts, and estoppel and third parties.
5. Personality and Recognition
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

International law is unlike the law of national legal systems in that the persons or entities to which it applies are not always immediately apparent. National law applies to natural or legal persons within the territorial borders and to ‘nationals’ of the home State. In a general way, the ‘subjects’ of national law, being the persons to whom the legal system is addressed, are reasonably well defined geographically and legally. International law has no territorial boundaries in the same sense and no comparable concept of ‘nationals’. Consequently, its ‘subjects’ are harder to define and even to identify. This chapter discusses the types of international legal personality and recognition in international and national legal systems.
7. Sovereignty over Territory
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.
2. Human Rights
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter explores the impact of human rights upon property rights and relations, with particular emphasis on Article 1 Protocol 1 and Article 8 of the European Convention on Human Rights which has been incorporated into English domestic law by the Human Rights Act 1998. It first provides a background on the particular jurisprudence of human rights reasoning before discussing the import of Article 1 Protocol 1, in protecting possessions, and Article 8, in requiring respect for the home. The focus is on home repossession (Article 8), protection against discrimination (Article 14), and right to a fair trial (Article 6). It also considers adjudication under the Human Rights Act 1998, along with the justification formula developed by the Strasbourg Court and how it operates in the context of the particular human rights that relate to land. Finally, it examines the so-called vertical effect and horizontal effect.
3. Personal Rights and Property Rights
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.
5. The Acquisition of Equitable Interests
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter considers the acquisition question in relation to certain equitable interests, and more specifically the principal circumstances in which equitable property rights can be acquired. The discussion is centred on equitable interests that arise under a trust and on those acquired through the doctrine of proprietary estoppel. Equitable interests that arise under a trust are also known as beneficial interests. Interests that exist under a trust are necessarily equitable, but not all equitable interests require a trust. The chapter first considers how a beneficial interest under a trust can be acquired and how express trusts of land are created before turning to the acquisition of beneficial interests through resulting and constructive trusts. It then describes four types of constructive trust and goes on to explain the doctrine of anticipation. It also assesses the relationship between proprietary estoppel and constructive trusts.
12. Concepts and Contexts
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter explores some of the wider issues raised by the rules applying to private rights to use land, along with the nature of the challenges faced by judges and Parliament when deciding how best to develop those rules. It begins by discussing the importance of concepts and contexts in land law, as well as the tension between concepts and contexts and the effect of different judicial approaches to land law. It then considers the relative merits of judicial and legislative reform of land law and goes on to examine the impact of statutory reform, particularly of registration statutes, in land law. It also assesses the impact of human rights and regulation on land law, citing the Supreme Court ruling in Scott v Southern Pacific Mortgages Ltd (2015), before concluding with an analysis of the role of non-doctrinal approaches in evaluating land law.
1. Becoming a student
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter describes the skills required to become an effective, engaged, and employable — or E3 — student of criminology in the university, higher education context. More specifically, it introduces a series of learning tips, tricks, and tools that are intended to make the E3 student a successful, capable, and committed individual who is attractive to employers. The chapter presents the criminology student's route to effectiveness, engagement, and employability as a reflective journey that he/she can embark upon in an informed, active, and critical way. Central to this journey is the identification and utilisation of the ‘travel partners’ located at the university and in the student's department, subject area, programme of study, and classroom. This chapter also considers a range of services, facilities, and people that can help students, including international students and those with disability, to meet their health, well-being, domestic, social, and academic needs.
4. What is justice?
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter discusses both the theoretical notions and practical applications of justice. It considers some definitions of justice and examines criminal justice models, the philosophical underpinnings of justice as a concept, and the systems of criminal justice. It shows why justice is so important and the fact that justice may be approached form differing standpoints. After providing an overview of preliminary issues regarding justice, the chapter looks at justice issues within criminal justice and justice as a social construct. It then outlines the reasons why it is important to study justice and why justice matters to criminology. It also evaluates the four philosophical approaches to justice that take a broad view of the concept and allow us to see how justice and injustice can impact on society, crime, security, and well-being. Finally, it compares the two main systems of criminal justice: adversarial and inquisitorial.
8. Victimology and hate crime
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines how different types of criminological evidence related to victimology and hate crime can influence policy-making processes. It first considers how non-governmental organisations and pressure groups collate and analyse data on crime-related issues before discussing the changing role of the victim in criminal justice processes. It then explains why some victims of crime are regarded as being more ‘deserving’ than others and how this relates to broader issues of power; distinguishes between positivist and radical/critical approaches to victimology; and assesses the main features of hate crime, with emphasis on the need for hate crime legislation. It also describes forms of hate crime as well as the social and political issues underlying both public and policy responses to the affected groups. Finally, it analyses the broader notions of structural inequalities which are at the heart of a critical victimology in relationship to the concept of hate crime.
11. Gender and feminist criminology
Authors: Ugwudike Pamela
Published: August 2017

This chapter examines the origins, definitions, and principles of feminist criminology. It begins with a discussion of the main theoretical traditions that underpin feminist criminology, namely liberal feminist theory, radical feminist theory, Marxist feminist theory, and socialist feminist theory. It then considers feminist epistemologies such as feminist empiricism, standpoint feminism, and postmodern feminism, as well as the intersections between gender and other structures of disadvantage. It also evaluates the interrelationships between gender and crime by addressing feminist explanations of female crime and masculinities studies of male crime, along with the role of gender in the criminal justice system. The chapter concludes by analysing feminist criminologists' criticisms of what they describe as the androcentricism of mainstream criminological theories as well as some of the key criticisms against feminist perspectives on gender and crime.
12. Free will, classicism, and rational choice
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter explores the importance of free will and rational choice in the criminal justice system. It first explains the purpose of theory and how to interpret, test, and critically consider ideas in the context of criminological study before discussing classical theories which assert that people freely and rationally choose to offend and therefore can — and should — be punished or have their choices prevented (by, for example, reducing offending opportunities). It then considers the main theoretical schools in criminology including classicism, positivism, interpretivism, and critical criminology. It also looks at classical criminology and the key thinkers that shaped it, including John Locke and Jeremy Bentham, as well as the policies to which it gave rise. The chapter concludes with an analysis of neo-classical criminology, rational choice theory, routine activity theory, and situational crime prevention.
19. Searching for the causes of crime
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter focuses on criminology's obsession with the causes of crime, especially in light of problems in defining crime. It first considers the reasons why we search for the causes of crime in criminology, with particular emphasis on positivism, which pursues an epistemology based on gathering data in the social world to form the basis of universal laws of behaviour. It then discusses the definitional issues relating to the concepts of crime, as well as the implications of these issues for producing valid and reliable responses to crime. It also explores the dynamic and socially constructed nature of crime when exploring the search for the causes of crime; the culture of causality in explanatory theory; and the use of scientific experiments and survey research to explore the causes of crime. Finally, it looks at the rebirth of experimental criminology in the twenty-first century as well as chaos theory.
21. Criminal justice—policy, practice, and people
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines three factors that can influence the direction of criminal justice: policies, practices, and people. It first considers criminal justice policies, with a particular focus on penal populism and the concept of ‘adversarial-lite’ justice. Moving onto criminal justice practices, the chapter discusses community service and levels of sentencing, along with payback as retribution and the due process model. Finally, it explores the effects of merging principles and policies on the people (the responders and receivers) who work in the criminal justice system. It highlights the role of criminal justice professionals in the delivery of criminal justice and how the 4Ps process (principles, policies, practices, and people) change the game in criminal justice.
25. Rehabilitation of offenders
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines the concept of rehabilitation as an approach to crime and criminality, along with its implications for criminal justice practices. It first explains what rehabilitation is before discussing the different objectives to which rehabilitation aspires. It then considers five main assumptions underlying the principle of rehabilitation as well as alternative models of rehabilitation. It also explores how rehabilitation is organised and administered, focusing on probation; models and practices in the delivery of rehabilitative services, including cognitive behavioural therapy and the ‘Good Lives Model’; and the achievements and outcomes of rehabilitative interventions. The chapter concludes with an assessment of the impact and limitations of rehabilitation.
29. Applying your skills to employability or future study
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter focuses on reflective learning and how it should be used by the criminology student to make the most of his/her degree. It guides the students on how to: engage with a reflective learning approach for enhancing their higher education; identify methods for independent learning in the different levels of higher education; apply reflective learning to their employability; and consider how their personal learning journey could help future directions of study for the discipline of criminology. The chapter encourages the students to do something with their newly acquired criminological knowledge and understanding. It also suggests how the core elements of reflective learning practice can be applied to the student's independent learning and official identity as an undergraduate.
3. Copyright II
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses principles relating to the authorship and ownership of copyright, and the significance of this designation. It examines how owners of copyright can exploit their works by either assignment or licence and the circumstances in which courts can imply terms in the absence of parties having agreed as to how a copyright work can be exploited. The chapter discusses the term of copyright protection and also examines exclusive rights, both moral and economic in nature, that authors and owners respectively have in their copyright works.
4. Copyright III
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the circumstances in which an owner’s economic rights may be infringed; the exceptions and limitations to copyright infringement; changes to the exceptions regime recently introduced into UK copyright law and how technological protection measures interrelate with copyright exceptions; and database right.
7. Trade Marks II
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the relative grounds for refusal to register a trade mark; acts that constitute infringement; and remedies for infringement. It considers the finding of the Court of Justice of the EU that the investment, advertising, and commercial functions of a trade mark will be protected as well as its role as a badge of origin in cases of ‘double identity’ under the Trade Marks Directive. The chapter considers possible changes to the position under the new Trade Marks Directive and looks at the CJEU’s interpretation of cases where a third party is deemed to have taken unfair advantage of a trade mark with a reputation. It also discusses the use of trade marks on the internet and the implications for findings of infringement.
10. Privacy, Personality, and Publicity
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the protection of privacy, personality, and publicity interests. It considers: the law of privacy and the extent to which individuals can control the use or disclosure of their personal and private information; character and personality merchandising and the ways in which the law of registered and unregistered trade marks protects these interests; and the controversial question of whether individuals can and should be able to prevent the commercial exploitation of their personality and image through a separate publicity right.
11. Patents I
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of the history of UK patent law. It then discusses: justifications in support of patent rights; sources of patent law; obtaining a patent; patentable subject matter; exclusions from patentability relevant to biotechnological inventions (e.g. plant and animal varieties and non-microbiological processes for their production; software and business methods; and inventions that are contrary to ordre public or morality); industrial application requirements for patentability; and methods of medical and veterinary treatment.
13. Patents III
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses patent infringement, exceptions to infringement, and entitlement. Assessment of whether a patent has been infringed involves a three-stage process. First, the patent claims must be construed to see whether the defendant’s activities fall within the scope of the monopoly. Second, identify the infringing acts that the defendant is alleged to have carried out. Third, consider the applicability of exceptions to infringement. The chapter then focuses on three key exceptions to infringement within the Patents Act 1977: acts done for experimental purposes (‘experimental use’); acts done for private and non-commercial purposes (‘private use’); and the right to continue use begun before the priority date (‘prior use’). Finally, it considers persons entitled to the grant of a patent.
14. Industrial Designs
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses: design protection in the UK and EU; the history of industrial design; registered designs; unregistered design right; the relationship between copyright and industrial designs; and the future of the interface between design protection and copyright.
1. Introduction
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This introductory chapter provides an overview of the main themes covered in the present volume. It first considers the political context in which the discussion of the law is to take place. It then discusses human rights and civil liberties; the meaning of rights; protection of rights and liberties within the UK Constitution; the international context of the monitoring of human rights; and the European Convention on Human Rights.
2. The Human Rights Act 1998: Overview
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter provides an overview of the Human Rights Act 1998 (HRA 1998) and how it operates. It discusses the extent to which the Act fulfils the role of a ‘Bill of Rights’, as that concept is understood in other jurisdictions. A particular issue relevant to that discussion is that of ‘entrenchment’ and the extent to which the HRA 1998 can be said to have any special status different from other legislation. The supervision of the HRA 1998 is also considered.
3. Personal Liberty (Article 5) I: Stop, Search, and Arrest
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the laws which justify invasions of personal freedom. The majority of the powers discussed are available to police officers only, though in some cases they may be exercised by other officials, or even by private citizens. It first considers provisions for stop, search, and arrest under the Human Rights Act 1998. It then turns to the exercise of powers of stop, search, and arrest under the Police and Criminal Evidence Act 1984.
4. Personal Liberty (Article 5) II: Detention and Questioning
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the issues arising from more extended detention, generally at a police station. It focuses on the grounds for such extended detention prior to charge, and the procedures which must be adopted in relation to it. It considers the rights of a citizen who is a ‘suspect’ but against whom the police do not have sufficient evidence to charge with an offence. Relevant provisions under the Human Rights Act 1998 and the Police and Criminal Evidence Act 1984 are discussed.
5. Right to a Fair Trial: Article 6
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the right to a fair trial. It first examines the obligations imposed on States by Art. 6 of the European Convention on Human Rights (ECHR) in relation to this right. It then focuses on a particular threat to a fair trial, in the form of the reporting of imminent or current legal proceedings, which may raise a risk that the outcome of those proceedings will be adversely affected. This is dealt with in English law primarily by the offence of contempt of court. The final section deals with a particular type of contempt related to the extent to which a court can compel a journalist to disclose his or her source.
2. Establishing a Partnership
Authors: Morse Geoffrey
Published: August 2017

This chapter deals with rules governing precisely how and when a partnership is or is not established and the circumstances in which the question might be raised. It considers the importance of establishing a partnership or partnership liability, which arises in three basic situations. First, when a person who has dealt with a business seeks to make another person liable as a partner in that business — sometimes this is called the ‘outsider question’. The second situation arises when one person seeks to enforce a duty or obligation on another — this can be called the ‘insider question.’ The third case is in the field of taxation and other public regulation areas, since it may be in the parties' interest to establish a partnership for such purposes (or, alternatively, for the authorities to establish one).
7. Dissolution and Winding Up
Authors: Morse Geoffrey
Published: August 2017

This chapter explores the dissolution of partnerships. There are essentially two distinct situations which are referred to as a dissolution. The first one is the general dissolution wherein the whole business is wrapped up as a going concern, with each of the former partners receiving a share of the assets after the creditors have been paid. The second dissolution, referred to as retirement, mainly centres on the value of the outgoing partner's share; the business remains intact and is carried on by the remaining partners. The chapter analyses the implied terms and expressed clauses of dissolution in a contract, while simultaneously considering Sections 32 to 44 of the Partnership Act 1890.
Concentrate Questions and Answers Land Law
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. This book also includes separate chapters on skills for success in both exams and in coursework assessments.
1. Exam Skills for Success in Land Law
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. This chapter gives students advice on skills for success in equity and trusts exams. It includes tips on what to do during the module, the revision period and in the exam room, as well as advice on the structure and approach to problem questions.
4. Adverse Possession
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents issues related to adverse possession.
6. Registered Land
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents questions on registered land.
7. Successive Interests and Trusts of Land
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter examines trusts of land and other issues.
8. Co-ownership and Trusts of Land
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter considers co-ownership and trusts of land.
1. Historical Introduction
Authors: Furmston M P
Published: August 2017

This chapter discusses the history of English contract law. It covers the medieval law; the origin of assumpsit; assumpsit and debt; the doctrine of consideration; and contract law in the seventeenth, eighteenth, and nineteenth centuries.
3. The Phenomena of Agreement
Authors: Furmston M P
Published: August 2017

This chapter and the next two chapters set out the way in which a legally binding contract is made. This chapter explains the formation of the contract and sets out the rules that determine whether what has happened should legally be regarded as an agreement. The discussions cover offer and acceptance; termination of offer; constructing a contract; inchoate contracts; and long-term relationships.
4. Consideration
Authors: Furmston M P
Published: August 2017

This chapter first discusses the function and definition of the doctrine of consideration, a unique feature of the Common Law, and then examines the technical rules that judges have evolved for the application of their doctrine of consideration. Consideration is classified into two categories, executory and executed. The classification reflects the two different ways in which the plaintiff may buy the defendant’s promise. Consideration is called executory when the defendant’s promise is made in return for a counter-promise from the plaintiff, and executed when it is made in return for the performance of an act.
8. Mistake
Authors: Furmston M P
Published: August 2017

This chapter considers the circumstances in which a mistake by one or both parties may affect the validity of the contract, and discusses the two categories of case: (i) where agreement has been reached, but upon the basis of a common mistake; and (ii) where an apparent agreement is alleged to be vitiated by mutual or unilateral mistake. It also considers cases of documents mistakenly signed, that is, where a person is induced by the false statement of another to sign a written document containing a contract which is fundamentally different in character from that which he contemplated.
10. Contracts Rendered Void by Statute
Authors: Furmston M P
Published: August 2017

This chapter discusses two types of contracts rendered void by statute: wagering contracts and agreements prohibited by competition law (EU competition rules and UK competition rules).
12. Contracts Void at Common Law on Grounds of Public Policy
Authors: Furmston M P
Published: August 2017

This chapter examines the three types of contract that are treated by the courts as void: contracts to oust the jurisdiction of the courts; contracts prejudicial to the status of marriage; and contracts in restraint of trade. The legal consequences of such contracts are also discussed.
17. The Involuntary Assignment of Contractual Rights and Liabilities
Authors: Furmston M P
Published: August 2017

This chapter discusses the law on the automatic assignment of contractual rights and liabilities, which may occur upon the death or bankruptcy of one of the contracting parties.
1. What is environmental law? A brief introduction
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter, which discusses the difficult issue of defining ‘environmental law’ for the purposes of this book, covers the definition of certain key terms and provides an outline of some of the underlying themes that will be found in many of the chapters that follow. It is designed for use at the very beginning of a course of study to help to establish a context for future study. The notes and questions at the end of the chapter are designed to provoke thought about the way in which law and policy might affect everyday environmental issues and problems. In identifying the subject matter of this book, it is first necessary to consider whether there is any identifiable subject that could be termed ‘environmental law’.
5. International law and environmental protection
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter describes the development, scope, and application of international environmental law, which has expanded significantly since the late 1960s. The focus is on international treaties relating to environmental protection. The chapter is restricted to discussing public, rather than private, international law—that is, the law between states, rather than the conflict of legal systems. International law has often been regarded as something rather closer to international relations due to the fact that there is no single body with the power to make and enforce law against states, companies, or individuals effectively. In the UK, international law does not necessarily have a direct impact on domestic law or on individuals. Treaties need to be given effect to through national legislation and are concerned with the action of states, not individuals within states—with some notable exceptions, such as the law on war crimes.
7. The regulation of environmental protection
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter introduces the system of environmental regulation by building upon Ch. 4, which examined the sources of environmental law. In practice, environmental regulation involves more than the use of legal rules that forbid pollution and other forms of environmental harm. ‘Regulation’ is used to describe a wide range of different tools used in both legal and non-legal contexts—for example, it covers mandatory rules contained in environmental legislation, as well as non-binding environmental standards. The chapter outlines some of the reasons for regulating to protect the environment, before explaining how such regulation is introduced, applied, enforced, and reviewed. It examines the characteristics, strengths, and weaknesses of different approaches to standard-setting and the various instruments used to regulate potentially environmentally damaging activities. The chapter discusses several trends in modern environmental regulation, including the policy emphasis on deregulation and the use of information disclosure as a means of governing group or individual behaviour.
8. Environmental crime and enforcement
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter is concerned with environmental crime and the enforcement of environmental law. It starts with some consideration of the difficult definition of ‘environmental crime’, including the distinction between moral and legal meanings of the term. Some of the basic framework of environmental crime, which helps to explain several of the approaches to the enforcement of environmental regulation, is then considered. For example, the fact that many environmental crimes are strict liability offences explains why the rate of successful prosecutions is high, but may also provide an explanation as to why some consider the sanctions that are imposed by the courts to be too low. A large part of the chapter is dedicated to a discussion of the enforcement practices adopted by regulatory agencies in England and Wales, including discussion of the use of civil sanctions instead of prosecutions and the recently enacted sentencing guidelines for environmental offences.
11. Private law and environmental protection
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter focuses on the torts—or civil wrongs—traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in Rylands v. Fletcher. It discusses and outlines statutory nuisance and various instances of statutory civil liability, some of which go beyond providing remedies for individuals and provide for wider environmental clean-up. Traditionally, private law has attempted to serve the function of controlling environmental damage. However, the chapter shows that the similarity is often superficial; the essential characteristic of private law is to regulate relationships between individuals by the balancing of individual interests. It concludes by briefly considering the EU Environmental Liability Directive, which has some similarities with private law remedies but is primarily an administrative mechanism for environmental remediation in defined situations.
15. Climate change, ozone depletion, and air quality
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter deals with legal controls to address global climate change, ozone depletion, and air quality, the complexity of which problems means that many different types of approaches are necessary across a wide range of activities. This can be a little daunting at first because many issues overlap. In each of these areas, there are laws at international, European, and national levels that need to be considered. It makes sense, however, to first consider some general issues and also the international response to various forms of air and atmospheric pollution. The range of problems affecting the atmosphere stretches across the full range of human activities, from highly toxic fumes emitted from a complicated industrial process, to such seemingly mundane activities as lighting a fire, driving a car, or using spray-on deodorant. Air pollutants come in many forms, and the main ones will be discussed in the chapter.
2. Sources of international law
Authors: Henriksen Anders
Published: August 2017

This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
4. The actors in the international legal system
Authors: Henriksen Anders
Published: August 2017

International society is first and foremost a society of individual sovereign states. However, states are by no means the only relevant actors in international law. In fact, one of the consequences of the post-1945 expansion of international law into areas that had traditionally been of limited international interest has been the increasing legal importance of a variety of non-state actors, most notably international organizations and individuals. This chapter introduces the various actors in the international legal system that possess rights, powers, and obligations in international law. It provides a thorough presentation of statehood and the criteria for the creation of new states, and briefly discusses the (limited) legal significance of recognition. It discusses the modes by which a state can acquire title to new territory; the issues of state succession and state extinction; and the legal personality of territorial entities other than states, international organizations, individuals, and additional actors in the international legal system.
6. Immunity from national jurisdiction and diplomatic protection
Authors: Henriksen Anders
Published: August 2017

This chapter discusses the different forms of immunity from national jurisdiction enjoyed by a state and its representatives. It presents state immunity and the complicated distinction between sovereign (jure imperii) and commercial (jure gestionis) acts. It discusses the exception to state immunity for commercial acts; provides an overview of some of the additional exceptions to state immunity; and discusses the immunities of state representatives. It distinguishes between immunity ratione personae and immunity ratione materiae and discusses how the distinction is applied to different state representatives. It also discusses the immunities and protection of diplomatic representatives and diplomatic missions as well as the issue of consular protection and the immunities enjoyed by so-called special missions.
9. International human rights law
Authors: Henriksen Anders
Published: August 2017

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection to individuals from the acts of other private individuals. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency.
10. International environmental law
Authors: Henriksen Anders
Published: August 2017

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature, and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.
14. The law of armed conflict
Authors: Henriksen Anders
Published: August 2017

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.
1. Introduction
Authors: Sloan Brian
Published: August 2017

This introductory chapter provides an overview of the book's main themes. This book concerns three broad questions on the posthumous distribution of property in England and Wales: What should happen if a person has not fully expressed valid wishes as to the fate of his or her property (largely the law of intestacy)? What form should such wishes be required to take (largely but not exclusively the law of wills)? And, when may those wishes (or ‘testamentary freedom’) be overridden to benefit those who might have a legitimate claim to a (larger) share of the estate (the law of family provision)? The remainder of the chapter discusses the purposes of succession law and succession in its social context.
2. Intestacy
Authors: Sloan Brian
Published: August 2017

This chapter deals with the law of intestacy. The first section consists of an introduction to intestacy, dealing with the basic terms and rules, the incidence of intestacy, and the evolution and theoretical basis of the law. The second section gives a more detailed account of the current law. Considerable reference is made to relevant work of the Law Commission, most recently Intestacy and Family Provision Claims on Death (Law Com. No. 331, 2011), which was preceded by Consultation Paper 191 (2009) and sought to modernise the law of intestacy in light of contemporary social conditions. The Commission's suggestions were largely enacted in the Inheritance and Trustees' Powers Act 2014.
7. Construction of Wills
Authors: Sloan Brian
Published: August 2017

This chapter discusses the construction of wills. The law of construction is a mixture of general principles and specific rules, developed mainly by the courts, but with some help from Parliament. To some extent, the general principles of construction can be regarded as broad guidelines to the court rather than as strictly binding. Consequently, some judges will feel that they have room for the exercise of a degree of discretion in achieving the result they think is merited on the facts of the case. Moreover, there is no universal agreement as to what constitutes a principle or a rule in this context. The remainder of the chapter covers the specific rules of construction and extrinsic evidence.
2. Contracts of employment
Authors: Jefferson Michael
Published: August 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Topics covered include the sources of terms in employment contracts; duties of the employer; and duties of the employee.
5. Discrimination at work, prohibited conduct, and enforcement
Authors: Jefferson Michael
Published: August 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimization. Segregation on racial grounds is also prohibited. There is no minimum period of employment needed before one can make a discrimination claim.
10. Parliamentary Scrutiny of Central Government
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter examines the accountability of the central government to Parliament. It addresses questions such as: what is Parliament’s proper role in scrutinising government? What does the constitutional convention of ministerial responsibility mean? And how does it operate in practice? The chapter also considers topics of particular importance to government accountability: freedom of information, accountability of the security and intelligence services, and financial accountability.