The Law of Compulsory Purchase and Compensation

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This book is a statement of the current law of compulsory purchase of land and compensation for that purchase It covers all major aspects of the procedure for the compulsory acquisition of land and deals in full detail with all aspects of the law of compensation for such an acquisition The many and diverse statutory provisions are organised into a series of chapters containing all principles and rules and there is a full analysis and explanation of the leading authorities on the subject and the principles derived from those authorities without which the subject cannot be understood The aim of the book is, not only to explain the statutory provisions and to organise the various possible claims for compensation into different heads, but also to explain and analyse the substantial body of case law which has built up, particularly in recent years, and the relationship between that body of law and the underlying statutory provisions The book also attempts to explain the purpose of the

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EU Environmental Law, Governance and Decision-Making (Modern Studies in European Law Book 43)

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A vast and diverse body of EU law addresses an enormous range of environmental matters This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decisionmaking It highlights the observation that environmental protection and environmental decisionmaking depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities It also explores the elaborate mechanisms that attempt to bring these distinctive decisionmaking resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change

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Abuse of EU Law and Regulation of the Internal Market

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How can the concept of abuse of European Union law 8211which can be defined as undesirable choice of law artificially made by a private citizen 8211generate so much disagreement among equally intelligent individuals Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major faultlines of EU law, which accounts for the wellestablished controversies in the fieldThe first faultline, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes) Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose itThe second faultline is specific to EU law and divides two conceptions of the regulation of the internal market If economic integration is conceived as the promotion of crossborder

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An Introduction to Comparative Law Theory and Method (European Academy of Legal Theory Series Book 11)

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This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap

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The Constitutional Systems of the Commonwealth Caribbean: A Contextual Analysis (Constitutional Systems of the World)

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The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the socalled 'Westminster model' Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean

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Contractual Indemnities (Hart Studies in Private Law Book 12)

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Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance This book examines the nature and effect of contractual indemnities outside the insurance context It is the first work to provide a detailed account of the subject in English lawThe book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities The subject is approached from two perspectives The foundations are laid by examining general principles applicable to indemnities in various forms This covers the nature of indemnity promisesgeneral principles of constructionthe determination of scopeand the enforcement of indemnities The approach then moves from the general to the specific, by examining separately particular forms of indemnity Included among these are indemnities against liability to third parties, and indemnities against default or nonperformance by third partiesThe book

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Sanctions in EU Competition Law: Principles and Practice (Hart Studies in Competition Law Book 6)

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In the early decades of European integration the enforcement of EU competition law was highly centralised Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission More recently the enforcement of EU competition law has become less centralisedmany would say even decentralised In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law, and how this influences the

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The Europeanisation of English Tort Law (Hart Studies in Private Law Book 11)

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Tort law is often regarded as the clearest example of traditional common law reasoning Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000 EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law This book explores how English tort law has changed as a result of Europeanisationbroadly defined as the influence of European Union and European human rights law It also analyses how this influence has impacted on traditional common law reasoning Has

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The Law of Contract Damages

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This is the first work to concentrate solely on damages for breach of contract and provides the most comprehensive and detailed treatment of the subject to date Written by a commercial barrister and academic for both practitioners and scholars, this text explores the familiar principles and the more recent developments of those principles To assist understanding and practicality, much of the book is arranged by reference to the type of the complaint (such as the misprovision of services, the nonpayment of money, or the temporary loss of use of property), rather than by the more traditional subjectmatter specialisms (eg sale of goods, charterparties, surveyor's negligence) Tort decisions are drawn on to the extent that the applicable principles are the same as or usefully similar to those in contract, and there is also detailed coverage of many practically important but often neglected areas, such as damages for lost management time and the proper evidential approach to proving lost

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The Constitution of Israel: A Contextual Analysis (Constitutional Systems of the World)

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This book presents the main features of the Israeli constitutional system and a topical discussion of Israel's basic laws It focuses on constitutional history and the peculiar decision to frame a constitution 'by stages' Following its British heritage and the lack of a formal constitution, Israel's democracy grew for more than four decades on the principle of parliamentary supremacy Introducing a constitutional model and the concept of judicial review of laws, the 'constitutional revolution' of the 1990s started a new era in Israel's constitutional history The book's main themes include: constitutional principlesthe legislature and the electoral systemthe executivethe protection of fundamental rights and the crucial role of the Supreme Court in Israel's constitutional discourse It further presents Israel's unique aspects as a Jewish and democratic state, and its ongoing search for the right balance between human rights and national security Finally, the book offers a critical

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