Essays in Private International Law

Transcription

1 A collection of important writings by PETER NORTH Essays in Private International Law This work consists of nine essays in the broad field of private international law, some originally delivered as lectures, others written as law journal articles. All have appeared over the past fifteen years and examine issues of topical importance in the three traditional areas with which private international law is concerned: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed withreferenceto a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major and important theme is that of reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals both in the USA and worldwide. Dr North draws on his experience as a Law Commissioner, in European Community negotiations in Brussels, and in providing advice to the government on private international law matters. Where appropriate, the essays have new introductions, examining major developments which have occurred since they were originally written. Contents: Table of Cases Table of Statutes Is European Harmonization of Private International Law a Myth or a Reality? A British Perspective The EEC Convention on the Law Applicable to Contractual Obligations (1980): Its History and Main Features Varying the Proper Law Torts in the Dismal Swamp: Choice of Law Revisited Contract as a Tort Defence in the Conflict of Laws Development of Rules of Private International Law in the Field of Family Law Choice in Choice of Law The Draft UK/US Judgments Convention: A British Viewpoint Hague Conventions and the Reform of English Conflict of Laws ,296 pages Clarendon Press This book is available from all good booksellers. In case of difficulty, or for more information, please write to Jane de Gay, OUP, Walton Street, Oxford OX2 6DP, UK. To order the quick and easy way, please call our Credit Card Hotline on (0536) OXFORD UNIVERSITY PRESS

2 OXFORD UNIVERSITY PRESS Criminal Law and Justice fg>) Provocation and Responsibility Jeremy Horder 'Horder's fine analysis and proposals for law reform should be read by all those interested in the revision of the law in this area.' New Law Journal Oxford Monographs on Criminal Law and Justice , 224 pp., Clarendon Press Act and Crime The Theory of Action and Its Implications for Criminal Law Michael S. Moore This book is about three of the most basic elements of criminal liability: when does a person act} When do his/her acts fall within the prohibitions of the criminal law? And when do his/her acts overlap sufficiently that he/she may be prosecuted or punished only once for them? Clarendon Law Series , 432 pp., Clarendon Press The Uses of Discretion Edited by Keith Hawkins This collection of original essays by distinguished lawyers and social scientists from the UK and the USA represents the latest thinking on the phenomenon of how legal officials make decisions. It provides rich insights on the problem of how law works in reality. Oxford Socio-Legal Studies , 444 pp., Clarendon Press Corporations and Criminal Responsibility Celia Wells 'thought-provoking book' Times Higher Education Supplement Including a full analysis of the Zeebrugge trial, this book considers the various arguments as to whether corporations should be prosecuted for harms they have caused. Oxford Monographs on Criminal Law and Justice , 182 pp., Clarendon Press International Judicial Assistance David McCIean 'International judicial assistance is a subject of rapidly growing importance, and this book should prove of practical value to those working in this area.' International Corporate Law Drawing on his involvement in work in The Hague, the author presents the first detailed study of this subject, and examines such agreements as the Commonwealth Scheme for Mutual Assistance in Criminal Matters , 422 pp., Clarendon Press Women in Control? The Role of Women in Law Enforcement Frances Heidensohn Based on interviews with British and US officers, Women in Control? breaks new ground by discussing the role of women in the control of crime and disorder , 294 pp., Clarendon Press Available from all good booksdlers. In case of difficulty or for more information, please contact Jane de Cay, OUP, Walton Street, Oxford OX2 6DP, UK.

3 OXFORD UNIVERSITY PRESS The Legal Reasoning of the European Court of Justice Towards a European Jurisprudence Joxerramon Bengoetxea This new study analyses EC law and the decision-making process of the European Court of Justice from a legal theoretical or juriiprudential perspective , 310 pp., Clarendon Press The French Law of Contract Second Edition Barry Nicholas 'delightful work... lucidly written' Law Quarterly Review ThU book explains die principles of the French law of contract and compares them with those of other European legal systems. No prior knowledge of French law is assumed. The second edition is fully updated to include recent developments , 290 pp., Clarendon Press , paperback World Human Rights Guide Third Edition Compiled by Charles Humana 'indispensable' Bernard Levin, The Times 'a valuable resource book... indispensable as a source of basic data which could otherwise only be gathered from prolonged researching' Amnesty , 416 pp., 5 maps , paperback 8.99 (OUP USA) European Law Human Rights French Administrative Law Fourth Edition L. Neville Brown and John S. Bell Now in its fourth edition, this familiar work, previously known as Brown and Garner, has been completely revised and overhauled to reflect the great changes in French law since , 360 pp., frontispiece, line figures, Clarendon Press French Constitutional Law John Bell 'the first systematic presentation in English of judicial review of legislation in contemporary France... this work will help British or English-language jurists in their research on the working of foreign jurisdictions and in comparison with the English system' European Library This book provides both analysis and a selection of key materials in English translation M, 392 pp.. Clarendon Press Broadening the Frontiers of Human Rights Edited by Donna Gomien Presented in honour of Atbjom Eide, this volume addresses the future of Human Rights in the context of the dramatic changes currently taking place in world affairs , 312 pp. (Scandinavian University Press) Avrndeble now frontill good booksellers. More information from: Jene de Cay, OUP, Walton Street, Oxford OX2 6DP.

4 A topical book by an influential figure in policy-making RESPONSES TO CRIME VOLUME 2 Penal Policy in the Making LORD WINDLESHAM From reviews of Volume 1: 'an excellent guide to tbe existing responses to crime in short compass tbe best I know' Lord Scarman LORD WINDLESHAM RESPONSES TO CRIME Volume 2 Policies dealing with crime or at least being seen to deal with it are central features of contemporary British political life. Crime and crime statistics receive wide exposure and evoke strong public outcry, and politicians are often judged as much by the speed and tone of their reactions as by their considered responses. In this timely book, Lord Windlesham examines how criminal justice policy is first formulated and then enacted at Parliamentary and PINAL POLICY IN THE MAKING Government level. Drawing on scholarly material and his experience as a former Home Office minister. Lord Windlesham identifies the pressures which traditionally and typically influence policy decisions. Emerging from his analysis is an appreciation of how the articulation of policy is often less coherent than it seems. Scholarly and accessible, this thought-provoking book will be required reading for academics and those involved in the administration of criminal justice today , hardback, 250 pages, This book is available from all good booksellers. In case of difficulty, or for more information, please write to Jane de Gay. OUP, Walton Street, Oxford 0X2 6DP, UK. To order the quick and easy way, please call our Credit Card Hotline on (0536) OXFORD UNIVERSITY PRESS

5 Teaching Law Examining the Law Examining the Law Syllabus: The Core Syllabus: Beyond the Core Edited by P. B. H. Birks Edited by P. B. H. Birks Arising out of a series of Seminars held at This volume addresses the questions of Oxford under the auspices of the Society of what subjects should be included in the Public Teachers of Law, this volume law degree and how they should be taught. addresses questions surrounding the It contributes to debates about the teaching of Criminal Law, EC Law, Public importance of 'academic' study in law and Law, Property Law, Contract, and Tort, its relationship to legal practice , 90 pp., paperback ,118 pp., paperback NEW IN PAPERBACK Contrasts in Tolerance Post-War Penal Policy in the Netherlands and England and Wales David Downes 'should be read not just by penologists and Home Office officials for whom it will be essential but by anyone who wishes to understand how institutions are shaped by... social and cultural relations' David Garland, British Journal of Sociology Oxford Soao-Legal Studies O X, 238 pp.. tables, paperback, Clirendon Paperbacks Constitutions in Crisis Political Violence and the Rule of Law John E. Finn 'a significant contribution to an important debate. It should be required reading for anyone interested in emergency powers, and particularly the constitutional and comparative issues.' Northern Ireland Legal Quarterly , 284 pp. (OUP USA) Comparative Studies The Judicial Process An Introductory Analysis of the Courts of the United States, England, and France Sixth Edition Henry J. Abraham 'an indispensable book for studentsbeginning or professional' New York Times The new edition is updated to cover developments since , 480 pp., 5 line drawings, paperback (OUP USA) Also of interest: Principles of Injunctions A Study of Equitable Discretion in the Common Law System of Jurisprudence, as Exercised by East African Courts Generally, Especially Illustrated by the Kenyan Practice and Judicial Precedents and Some Relevant Statute Law Richard Kuloba ,260 pp., table, paperback (OUP Eatt and Central Africa) 18 JO Available now from mil good bookidlers. More information from: Jane dt Gay, OUP, Walton Street, Oxford OX2 6DP.

6 NOTES FOR CONTRIBUTORS 1. All material should be typed, double spaced, and on one side of the page only. Ample margins should be left. Footnotes should be numbered consecutively and typed together on a separate page or pages at the end. They will be printed at die foot of each page. 2. In shorter articles and comments, and in short reviews, the author's name should appear at the end. In articles and review articles, the author's name should appear at the beginning, immediately under the title of the piece. An asterisked footnote may be included, giving the author's present position, and an address sufficient for him to be contacted by readers, and (if so desired) brief acknowledgements. Degrees and odier personal details should not be included. 3. Full stops (abbreviation marks) will be omitted in law reports references, titles to journals, titles of judges, and in the names of cases, after die v (for versus), and after initials and other parts of names of parties. 4. Quotation marks should be single and not double unless diey indicate a quotation within a quotation. 5. References to cases should, as a general rule, give the full correct title of the case where it first appears, but common form abbreviations are acceptable on subsequent reference. Very well known cases may be referred to in abbreviated form even on first use, and in cases with very long names, the abbreviated form appearing at the head of the Law Report page is acceptable. In die names of companies, diere is no objection to omitting '& Co. Ltd' and similar expressions. References to English cases should always be to the official reports where available. 6. Articles should be sent to the General Editor, Mr John Eekelaar, Pembroke College, Oxford OX1 1DW; reviews and review articles to Dr J. C. McCrudden or Mr S. Gardner, Lincoln College, Oxford OX1 3DR; and shorter articles and comments, and other short material (eg correspondence) to Mr P. N. Mirfield, Jesus College, Oxford oxi 3DW or Mr A. Briggs, St Edmund Hall, Oxford oxi 4AR.

7 CONTENTS FUNDAMENTAL HUMAN RIGHTS AND THE REACH OF EC LAW Grainne de Biirca THE EFFECTIVENESS OF EUROPEAN EQUALITY LAW: NATIONAL MECHANISMS FOR ENFORCING GENDER EQUALITY LAW IN THE LIGHT OF EUROPEAN REQUIREMENTS Christopher McCrudden "ATTEMPTED MURDER OF THE SOUL": BLACKMAIL, PRIVACY AND SECRETS Peter Alldridge THE RECEPTION OF CANON LAW AND CIVIL LAW IN THE COMMON LAW COURTS BEFORE 1600 David J. Siepp ANGER AND EXCUSE: REASSESSING PROVOCATION G. R. Sullivan EMPLOYEE'S TORT IN A CONTRACTUAL MATRIX: NEW APPROACHES IN CANADA John G. Fleming