Books Published in 2016
This book takes a critical view of the policy and law governing EU marine fisheries and the effect of the 2013 reform of the Common Fisheries Policy (CFP). Reforms to the CFP are impeded by Treaty-guaranteed concessions, exemptions from general environmental legislation and the Court of Justice’s creation of principles unique to the sector. The author discusses how damaging effects of fishing could be ameliorated if the Court were to align fisheries principles with general principles of law, and considers the institutional and regulatory frameworks needed to encourage prudent resource use. Reviewed by A. MacDonald, 'Reforming the Common Fisheries Policy', Environmental Law Review, (Publication Review) 2017, 19(1), 84-85.
Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and includes contributions from Dr Benjamin Farrand (with Dr Helena Carrapico) on the European Union's fight against cybercrime and Professor Dora Kostakopoulou (with Dr Ariadna Rippol Servent) on family reunification in EU mobility and migration laws.
A new edited collection, inspired by research from the Warwick Monash Alliance, considers the impact of and response to cuts in legal aid budgets and access to justice at a transnational level.
'Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need', co-edited by Professor Jacqueline Hodgson (Director of the Criminal Justice Centre, Warwick Law School) and Dr Asher Flynn (Monash), examines different responses to the current legal aid crises across criminal, civil and family law in England and Wales and Australia.
“As common law jurisdictions, England and Wales and Australia share similar ideals, policies and practices, but differ in their legal and political culture and in their approaches to providing access to justice,” explained Dr Flynn.
“The nature of the communities they serve is also different, however, our work highlights how in both regions it can be the most vulnerable groups who lose out in the way that law is now done in the 21st century.”
‘Should the state administer a medical screening test on a child against the wishes of the family?’
In the landmark 2001 Irish Supreme Court Case, 'North Western Health Board v HW and CW (the PKU case)', the original judgment was to uphold the family’s wishes and not administer the test.
Dr Maebh Harding has revisited this influential judgment in Irish law, reimagining the case from the feminist perspective, ultimately providing an alternative route that could have been taken to give meaningful protection to the rights of children.
Prof Jackie Hodgson and Asher Flynn from Monash have a new edited collection on 'Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need' published by Hart.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines.
Shaheen's publication explores the diversity of interpretation within Islamic legal traditions which can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice. To find more and purchase the book please click here.
The standard approach to regulating working hours rests on gendered assumptions about how paid and unpaid work ought to be divided. In this book, Dr Zbyszewska takes a feminist, socio-legal approach to evaluate whether the contemporary European working time regimes can support a more equal sharing of this work. Focusing on the legal and political developments surrounding the EU's Working Time Directive and the reforms of Poland's Labour Code, she reveals that both regimes retain this traditional gender bias, and suggests the reasons for its persistence. The book combines legal analysis with social and political science concepts to highlight law's constitutive role and relational dimensions, and to reflect on the relationship between discursive politics and legal action. To find out more about the book please click here.
Dalvinder Singh co publishes with Rodrigo Olivares-Caminal, John Douglas, Randall Guynn, Alan Kornberg, Sarah Paterson and Debt Restructuring.
The new second edition of Debt Restructuring provides detailed legal analysis of international corporate, banking, and sovereign debt restructuring, from the perspective of both creditors and debtors. It sets out practical guidance to help practitioners, policy-makers and academics to understand current developments in debt restructuring, and provides solutions for creditors holding distressed debt and debtor options in a distressed scenario.
New to this Edition:
- New chapter on the EU framework for the resolution of banks and financial institutions, including the Bank Recovery and Resolution Directive
- Coverage of ground-breaking cases such as Rubin, and Eurosail in Europe and Stern v Marshall and the Radlax case in the US Supreme Court
- Consideration of the pari passu litigation in New York
- The adoption of single-limb CACs in sovereign debt restructuring
- The new EU architecture to prevent a sovereign debt crisis (EFSF and ESM)
To find out more click here
Analysis of the impact of the EU Directive on the Recovery and Resolution of Banks and Securities Firms on the legal framework for insolvency management in Europe, offers a pan-European approach, drawing together perspectives from many jurisdictions. Includes discussion of impediments to orderly resolution of financial institutions using specific examples from the global experience since 2008, and how the BRRD addresses these.Provides practical guidance on navigating through the complex problems and challenges raised by cross-border resolution and derivatives.
To find out more please click here.
This collection asks a direct but complex question: is the EU humane enough? The implementation of EU law and policy and its balance between economic and social values continues to provoke debate. Providing fresh insight, Nuno Ferreira and Dora Kostakopoulou present a novel analytical framework, centred on the notion of humaneness, for assessing EU law and policy. This innovative approach leads to recommendations for policy change towards a more humanistic philosophy for the EU. Broad in its scope, this remarkable volume draws together interdisciplinary perspectives from contributors who examine key EU law and policy fields, including economic integration, asylum and free movement, citizenship and development, and security. This book is essential reading for scholars, students and policy-makers seeking new ways of exploring the economic versus social values debate in EU law.
If you would like to purchase this book please click here for a 20% discount.
" 'The death of one man is a tragedy,' Josef Stalin is said to have mused. 'The deaths of a million is a statistic.' A.T. Williams's prize winning debut, A Very British Killing, was a passionately written investigation into the death of a single man – Baha Mousa, an innocent Iraqi hotel receptionist killed by British soldiers in Basra in 2003. This, his second book, is a study in myriad deaths – the Nazi perpetration of genocide – and a prolonged meditation on Stalin's idea that the human mind cannot comprehend mass murder... His theme is the imperfect efforts made by the Allied military authorities... to bring the criminals responsible for these horrors to justice." (Daily Telegraph)
"This is a fine book that does a great job of debunking one of the most enduring myths in history." (History of War)
"Splendid book... Much more than a historical narrative and assessment… This is a superb book which offers no easy answers but invites the reader to join its author on a grim odyssey." (History Today)
"Earnest, unsettling book... Williams is a thoughtful, lucid writer, with a lawyer’s appetite for detail... A Passing Fury is heartfelt, moving and often powerfully written." (Dominic Sandbrook, Sunday Times)
"Haunting, sensitive and thoughtful study." (Nigel Jones, Daily Telegraph)
"Williams has put together an original polemic against our assumptions about these trials, including those at Nuremberg. (David Herman, New Statesman)
"... gripping and original ..." (The Catholic Herald)
"... skilfully reveals a chaotic world in which war crimes investigation teams... were left to do their best in extremely trying circumstances." (Scotland on Sunday)