New Faculty Publications

Public Law

Mark Elliott and Robert Thomas

Public Law is an advanced, high quality textbook that comprehensively covers the key topics found on undergraduate public law courses. The book presents a sophisticated and accessible analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow students to approach the subject in a structured and easy to understand way, and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses.

For information about this book and other publications by Dr Elliott, see his Faculty Profile.

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A Constitutional Order of States? Essays in EU Law in Honour of Alan Dashwood

Catherine Barnard, Anthony Arnull, Michael Dougan and Eleanor Spaventa

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

For information about this book and other publications by Professor Barnard, see her Faculty Profile.

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International Commercial Tax

Peter Harris and David Oliver

Inspired by a postgraduate course the authors have jointly taught at the University of Cambridge since 2001, Peter Harris and David Oliver use their divergent backgrounds (academia and tax practice) to build a conceptual framework that not only makes the tax treatment of complex commercial transactions understandable and accessible, but also challenges the current orthodoxy of international tax norms. Designed specifically for postgraduate students and junior practitioners, it challenges the reader to think about tax issues conceptually and holistically, while illustrating the structure with practical examples. Senior tax practitioners and academics will also find it useful as a means of refreshing their understanding of the basics and the conceptual framework will challenge them to think more deeply about tax issues.

For information about this book and other publications by Dr Harris, see his Faculty Profile.

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The Concept of Non-international Armed Conflict in International Humanitarian Law

Anthony Cullen

Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.

For information about this book and other publications by Dr Cullen, see his Faculty Profile.

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The Life of Hersch Lauterpacht

Elihu Lauterpacht

Hersch Lauterpacht, of whom this book is an intimate biography by his son, Elihu, was one of the most prolific and influential international lawyers of the first half of the twentieth century. Having come to England from Austria in the early 1920s, he first researched and taught at the London School of Economics before moving to Cambridge in 1937 to become Whewell Professor of International Law. He did valuable work to enhance relations with the United States during the Second World War, and was active after the war in the prosecution of William Joyce and the major Nazi war criminals. For ten years he was also involved in various significant items of professional work and in 1955 he was elected a judge of the International Court of Justice. The book contains many extracts from his correspondence, the interest of which will extend to lawyers, historians of the period and beyond.

For information about this book and other publications by Professor Sir Lauterpacht, see his Faculty Profile.

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Equality: The New Legal Framework

Bob Hepple

The Equality Act 2010 is a major landmark in the long struggle for equal rights. This book tells the story of how and why it came to be enacted, what it means, what changes it can bring about in British society, and - no less important - what the Act will not do.

The Act is the outcome of over 13 years of research, public debate and campaigning, starting with the publication of Equality: A New Framework. Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation by Bob Hepple, Mary Coussey and Tufyal Choudhury (Hart Publishing, 2000). The aim of this book is to examine the aims and structure of the new legal framework and to assess the Act against goals of reform set by the earlier review: harmonising and extending the law on status equality; widening the areas of unlawful conduct; changing organisational policy and behaviour including positive duties to advance equality; and improving enforcement of the law.

The book will be essential reading for anyone who wants to understand the Act and the wider context of equality law, including students of law and social sciences, human rights activists and lawyers, as well as the general reader.

For information about this book and other publications by Professor Hepple, see his Faculty Profile.

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