Q.C.'s Books

The Death Penalty

A Worldwide Perspective

By: Roger Hood CBE QC (Hon) DCL FBA,Carolyn Hoyle

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The Death Penalty

A Worldwide Perspective

By: Roger Hood CBE QC (Hon) DCL FBA,Carolyn Hoyle

The 4th edition of this authoritative study of the death penalty, now written jointly with Carolyn Hoyle, brings up-to-date developments in the movement to abolish the death penalty worldwide. It draws on Roger Hood's experience as consultant to the United Nations for the UN Secretary General's five-yearly surveys of capital punishment and on the latest information from non-governmental organizations and the academic literature. Not only have many more countries abolished capital punishment but, even amongst those that retain it, the majority have been carrying out fewer executions. Legal challenges to the mandatory capital punishment have been successful, as has the pressure to abolish the death penalty for those who commit a capital crime when under the age of 18. This edition has more to say about the prospects that China will restrict and control the number of executions 'on the road to abolition'. Yet, despite such advances, this book reveals many human rights abuses where the death penalty still exists. In some countries a wide range of crimes are still subject to capital punishment, and the authorities too often fail to meet the safeguards embodied in international human rights treaties to safeguard those facing the death penalty. There is evidence of police abuse, unfair trials, lack of access to competent defence counsel, excessive periods of time spent on in horrible conditions on 'death row', and public, painful forms of execution. The authors engage with the latest debates on the realities of capital punishment, especially its justification as a uniquely effective deterrent; whether it can ever be administered equitably, without discrimination or error; and what influence relatives of victims should have in sentencing and on the public debate. For the first time, it also discussing the problem of devising an alternative to capital punishment, especially life imprisonment without the possibility of parole.

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Page Count

2168

Publisher

OUP Oxford

Published Date

ISBN 10

0191021733

ISBN 13

9780191021732

The Law of State Immunity

By: Hazel Fox,Philippa Webb

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The Law of State Immunity

By: Hazel Fox,Philippa Webb

The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

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Page Count

692

Publisher

OUP Oxford

Published Date

ISBN 10

019166975X

ISBN 13

9780191669750

Bills of Lading

By: Sir Richard Aikens,Richard Lord QC,Michael Bools QC,Michael Bolding,Kian Sing Toh SC

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Bills of Lading

By: Sir Richard Aikens,Richard Lord QC,Michael Bools QC,Michael Bolding,Kian Sing Toh SC

Bills of lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex as it is commercially vital. This bestselling book, now in its third edition, provides a detailed analysis of the law and practice applicable to bills of lading before, during, and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all the major developments, including: reference to increasingly important Singapore and Far-Eastern decisions; an analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks; detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading; revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles, and the scope of arbitration; reference to relevant European law relating to issues of jurisdiction and procedure; comprehensive treatment of switch bills, transhipment, house bills, deck carriage, and container cargo; and new material on the practical implications of electronic bills of lading, and the implications of automated vessels. This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.

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Page Count

930

Publisher

Taylor & Francis

Published Date

ISBN 10

042964910X

ISBN 13

9780429649103

History of the Early Settlement and Progress of Cumberland County, New Jersey

By: Lucius Q.C. Elmer

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History of the Early Settlement and Progress of Cumberland County, New Jersey

By: Lucius Q.C. Elmer

Reprint of the original, first published in 1869.

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146

Publisher

BoD – Books on Demand

Published Date

ISBN 10

3846057428

ISBN 13

9783846057421

The Effectiveness of the UN Human Rights System

Reform and the Judicialisation of Human Rights

By: OBE Subedi (QC (Hon), Surya P.),Surya P. Subedi

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The Effectiveness of the UN Human Rights System

Reform and the Judicialisation of Human Rights

By: OBE Subedi (QC (Hon), Surya P.),Surya P. Subedi

9.4 Addressing the challenges brought about by a multi-polar world

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304

Publisher

Taylor & Francis

Published Date

ISBN 10

135177896X

ISBN 13

9781351778961

Fighting at the Legal Boundaries

Controlling the Use of Force in Contemporary Conflict

By: Kenneth Watkin OMM, CD, QC

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Fighting at the Legal Boundaries

Controlling the Use of Force in Contemporary Conflict

By: Kenneth Watkin OMM, CD, QC

The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.

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Page Count

729

Publisher

Oxford University Press

Published Date

ISBN 10

0190457988

ISBN 13

9780190457983

European Union Law of State Aid

By: Kelyn Bacon QC

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European Union Law of State Aid

By: Kelyn Bacon QC

This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.

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Page Count

911

Publisher

Oxford University Press

Published Date

ISBN 10

0191091235

ISBN 13

9780191091230

Bills of Lading

By: Sir Richard Aikens,Richard Lord QC,Michael Bools QC

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Bills of Lading

By: Sir Richard Aikens,Richard Lord QC,Michael Bools QC

Bills of Lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex is it is commercially vital. This bestselling book provides a detailed analysis of the law and practice applicable to bills of lading before, during and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all of the major developments since its first edition, including: Reference to increasingly important Singapore and Far-Eastern decisions An analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks Detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading Revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles and the scope of arbitration Reference to relevant European law relating to issues of jurisdiction and procedure Comprehensive treatment of Switched bills, transhipment, house bills, deck carriage and container cargo New material on the practical implications of electronic bills of lading This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.

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Page Count

626

Publisher

CRC Press

Published Date

ISBN 10

1317613465

ISBN 13

9781317613466

St John's Gospel

A Lawyers Translation from the Original Greek

By: Malcolm Bishop QC

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St John's Gospel

A Lawyers Translation from the Original Greek

By: Malcolm Bishop QC

A completely new translation from the original Greek in contemporary English John’s story of Jesus is arguably the most outstanding of the four gospels. It tells us so many things about him that cannot be found in Matthew, Mark and Luke. Much of what we learn about Jesus in John has to do with the fact that he is presented as the complete revelation of God in human form. In St John’s Gospel, John is easier to read. The book uses contemporary language and idioms, and highlights the extensive use of the present tense in John’s narrative. In John, the past is interspersed with the present to create a more lively, edgy narrative. The pace, immediacy and earthiness of John’s gospel is preserved in this colourful and vivid story. This book beautifully captures something of the essence of why Jesus was such a compelling figure to his contemporaries, and such a challenging individual to us today.

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104

Publisher

Troubador Publishing Ltd

Published Date

ISBN 10

1788035011

ISBN 13

9781788035019

Public Employment Services and European Law

By: Mark Freedland FBA,Paul Craig QC FBA,Catherine Jacqueson,Nicola Kountouris

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Public Employment Services and European Law

By: Mark Freedland FBA,Paul Craig QC FBA,Catherine Jacqueson,Nicola Kountouris

How can the EU's community of welfare states adapt their public policies to economic globalization? What happens when the economic and social aims of the EU come into conflict? This book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. They also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfilment of core public service responsibilities, and the creation of public-private partnerships. Public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.

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Page Count

435

Publisher

OUP Oxford

Published Date

ISBN 10

0191566594

ISBN 13

9780191566592

Anti-dumping and Countervailing Action

Limits Imposed by Economic and Legal Theory

By: Philip Bentley,Aubrey Silberston

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Anti-dumping and Countervailing Action

Limits Imposed by Economic and Legal Theory

By: Philip Bentley,Aubrey Silberston

. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school

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Page Count

233

Publisher

Edward Elgar Publishing

Published Date

ISBN 10

1847206824

ISBN 13

9781847206824

So You Want to Be a Landlord

By: H. Clark Adams, QC

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So You Want to Be a Landlord

By: H. Clark Adams, QC

A warning to those who are considering becoming landlords: investing in rental property is far from a bed of roses! This useful handbook has over thirty cases, documented over years of experience, which illustrate some of the difficulties that landlords face in their relationships with their tenants. So You Want to be a Landlord explores the trials and tribulations of a landlord just trying to do his job. While his accounts are not designed to condemn all housing tenants, this book, he hopes, will serve as a great resource to all prospective landlords, exposing as it does many of the pitfalls that they may encounter. Case history confirms tenants’ rights and the imbalance that favours tenants over landlords. With over forty years’ experience as a commercial landlord and fifteen years as judge in a small claims court, Judge Adams relays a number of stories that were told under oath, and which will act as an invaluable source of information to any would-be landlord.

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Publisher

FriesenPress

Published Date

ISBN 10

1460281039

ISBN 13

9781460281031

Book's by Q.C.

The Death Penalty

The Death Penalty

The Law of State Immunity

The Law of State Immunity

Bills of Lading

Bills of Lading

History of the Early Settlement and Progress of Cumberland County, New Jersey

History of the Early Settlement and Progress of Cumberland County, New Jersey

The Effectiveness of the UN Human Rights System

The Effectiveness of the UN Human Rights System

Fighting at the Legal Boundaries

Fighting at the Legal Boundaries

European Union Law of State Aid

European Union Law of State Aid

Bills of Lading

Bills of Lading

St John's Gospel

St John's Gospel

Public Employment Services and European Law

Public Employment Services and European Law

Anti-dumping and Countervailing Action

Anti-dumping and Countervailing Action

So You Want to Be a Landlord

So You Want to Be a Landlord

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