School of Law School of Law
Publications    
Welcome to the publications pages. Here you can find details of books, book contributions, journal articles, papers and presentations written by staff members of the School.
Latest Additions
Most Recent Books
Evidence Essentials, 3rd edn
James Chalmers
Dundee University Press (2012)
Governance of Global Financial Markets: The Law, the Economics, the Politics
Emilios Avgouleas
Cambridge University Press (2012)
Synopsis
The recent financial crisis proved that pre-existing arrangements for the governance of global markets were flawed. With reform underway in the USA, the EU and elsewhere, Emilios Avgouleas explores some of the questions associated with building an effective governance system and analyses the evolution of existing structures. By critiquing the soft law structures dominating international financial regulation and examining the roles of financial innovation and the neo-liberal policies in the expansion of global financial markets, he offers a new epistemological reading of the causes of the global financial crisis. Requisite reforms leave serious gaps in cross-border supervision, in the resolution of global financial institutions and in the monitoring of risk originating in the shadow banking sector. To close these gaps and safeguard the stability of the international financial system, an evolutionary governance system is proposed that will also enhance the welfare role of global financial markets.
Constitutional Referendums: The Theory and Practice of Republican Deliberation
Stephen Tierney
Oxford University Press (2012)
Synopsis
The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny.

- The first full-length analysis of constitutional referendums, examining their democratic legitimacy and growing role in modern constitutional politics.
- Provides a full analysis of the issues involved in referendum design, aiding constitutional lawyers and theorists working on the creation and operation of referendums.
- Presents a diverse range of case studies to provide a comprehensive, inter-disciplinary account of the issues in political theory and legal and political practice which surround the recent proliferation of referendum use.

http://ukcatalogue.oup.com/product/9780199592791.do
Conveyancing 2011
Kenneth ReidGeorge L Gretton
Avizandum (2012)
Letting and Hiring in Roman Legal Thought: 27 BCE - 284 CE
Paul J. du Plessis
Brill (2012)
Synopsis
Commerce in the Roman Empire of the first three centuries CE operated within a well-established legal framework provided by Roman law. This framework was the product of both legal theory and legal practice. Centuries of Praetorian modification of the ancient ius civile, augmented by conceptual legal thought provided by the Roman jurists had produced a body of law which permitted commerce to flourish and to expand. Central to this body of law was the contract of letting and hiring, one of the four named "consensual" contracts in Roman law. Building on the pioneering work undertaken by Fiori (1999) on Roman conceptual thought about letting and hiring, this books fills an important gap in the current scholarly literature on this contract and its place in Roman commerce.

http://www.brill.nl/letting-and-hiring-roman-legal-thought-27-bce-284-ce
MacCormick's Scotland
Editor(s): Neil Walker
Edinburgh University Press (2012)
Synopsis
Tis volume started as a series of papers to mark the contribution of the late Sir Neil MacCormick and to celebrate his scholarship and life.
Environmental Integration in the EU's External Relations: Beyond Multilateral Dimensions
Gracia Marin-DuranElisa Morgera
Hart (2012)
Synopsis
The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral dimension of EU environmental policy. The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism. On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries (particularly developing ones). On the other hand, it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development, or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations. Ultimately, the book traces the significant evolution of the various tools deployed by the EU to integrate environmental concerns in its external relations, with a view to identifying emerging challenges and future directions.
The Public in Law
Editor(s): Claudio Michelon, Gregor Clunie, Christopher McCorkindale and Haris Psarras
Ashgate (2012)
Synopsis
This collection brings together a group of scholars to discuss the operation of “the public” in a range of different legal spaces. The work provides a synoptic overview of the instantiations of “the public” which appear in a number of legal spheres and attempts
to ascertain whether the notion can have coherent or congruent meanings across these heterogeneous domains. A key question which frames the contributions is whether “the public” operates as a bona fide interface between law and society.
Most Recent Journal Articles
Elisenda Casanas Adam 'Drets Fonamentals i Devolution: El nou Tribunal Suprem i la Proposta de Carta de Drets Fonamentals del Parlament Britanic en el Marc de l'Estat Compost' (2012) Revista d'Estudis Autonomics i Federals 10-43
Eric Clive 'A General Perspective on the European Commission’s Proposal for a Regulation on a Common European Sales Law' (2012) Maastricht Journal of European and Comparative Law p. 120
Abstract
An overview of the proposal for a Common European Sales Law and some of the questions to which it gives rise.
Marsela Maci 'Private Enforcement in Bid-Rigging Cases in the European Union' (2012) European Competition Journal 8 (1), 211-227(17)
Abstract
Private enforcement of competition law is a highly current topic in the EU and elsewhere. The European Commission has taken the lead in promoting damages actions for breach of EU competition rules and in setting up an efficient system. This article moulds the policy discussion on private enforcement of EU competition law to damages claims in bid rigging cases. It explains the reasons why currently such actions are atypical for EU national courts to deliberate upon. One of its main conclusions is that EU competition law authorities (and subsequently national authorities) need to address the specific position of the state as a private litigant in bid rigging cases.
Hector MacQueen, Charles Garland, Afson Barekat, Emma Boffey 'The proposed Common European Sales Law' (2012) Scots Law Times pp 65-70
Abstract
An analysis of the European Commission's proposals for reform of European contract law.
Kirsten McConnachie 'Rethinking the ‘Refugee Warrior’: The Karen National Union and Refugee Protection on the Thai–Burma Border' (2012) Journal of Human Rights Practice 4:1
Abstract
Well-founded fears that ‘refugee warriors’ will use refugee camps as a base for military operations, exploit a wider refugee population, or misuse international aid have led to the development of policies intended to ensure the separation of combatants and civilian refugee populations. However, a dogmatic approach to that policy goal may miss the true complexity of both refugee protection and the relationships between a refugee population and a military group. This article examines an alternative possibility, that a non-state armed group may be a potential partner in refugee protection and welfare promotion. It draws on the experiences of refugees from Burma living in camps in Thailand, where there has been a long-standing connection between camp governance structures and a political/military organization movement, the Karen National Union/Karen National Liberation Army. While camp governance activities have been flawed, they have also displayed a high level of integrity. It is argued that in such a situation, where there is a proven record of working to improve civilian welfare, international organizations might usefully explore possibilities of engagement with non-state armed groups as partners in refugee protection, with the specific goal of encouraging a more representative, accountable, and democratic approach to governance.
Arianna Andreangeli 'Collective redress in EU competition law: an open question with many possible solutions' (2012) World Competition 3
Martin Hogg 'Liability for Improperly Rejected Contract Tenders: Legitimate Expectations, Contract, Promise and Delict' (2012) Edinburgh Law Review pp 246-253
Abstract
This article examines the potential liability of a party inviting tenders for a contract for improperly rejecting a tender. The approach of the courts in the recent decision of Petition of Sidey Ltd for Judicial Review of a decision of Clackmannanshire Council [2011] CSOH 194 is the focus of the discussion.
Abbe Brown, Phoebe Li 'New conversations: the BILETA and Information Technology Think Tank collaborative consultation response programme' (2012) European Journal of Law and Technology Vol. 3, No. 1
Claudio Michelon 'Las Razones de la Coherencia' (2012) Discusiones vol X, p. 139
Niamh Nic Shuibhne '(Some Of) The Kids Are All Right: Comment on McCarthy and Dereci' (2012) Common Market Law Review vol. 49:1, pp. 349-379
Most Recent Chapters
Arianna Andreangeli, Ioannis Lianos 'The European Union: the Competition law institutions and the Union's norms' in Eleanor Fox and Michael Trebilcock (Eds) (eds) Process, procedure and design of competition law institutions: global norms, local choices (OUP, 2012) forthcoming
Abstract
The chapter discusses the procedural and institutional features of the EU competition enforcement framework, as well as investigating institutional performance mechanisms and due process questions.
Richard Sparks, Ian Loader 'Situating Criminology' in Mike Maguire, Rod Morgan and Robert Reiner (eds) Oxford Handbook of Criminology, 5th Edition (Oxford University Press, 2012) pp3-38
Lesley McAra, Susan McVie 'Critical debates in developmental and life-course criminology' in Maguire, M., Morgan,R. and Reiner, R. (eds) The Oxford Handbook of Criminology fifth edition (Oxford University Press, 2012)
Arianna Andreangeli '“Competition enforcement and human rights after the Treaty of Lisbon: the state of play and the (near) future prospects”' in Eugene Buttigieg (Editor) (eds) Rights and remedies in a liberalised and competitive internal market (Gutenberg Press, 2012) 63-94
Neil Walker 'Constitutionalism and Pluralism in Global Context' in Matej Avbelj and Jan Komarek (eds) Constitutional pluralism in the European Union and Beyond (Hart, 2012) 17-38
Eric Clive 'Multi-party relationships in the DCFR' in Vincent Sagaert; Matthias Storme; Evelyne Terryn (eds) The Draft Common Frame of Reference: national and comparative perspectives (Intersentia, 2012) 135-146
Abstract
An analysis of the DCFR's rules on representation, stipulations in favour of athird party, plurality of debtors and creditors; assignment and other changes of parties.
Neil Walker 'Scottish Nationalism For and Against the Union State' in Neil Walker MacCormick's Scotland (Edinburgh University Press, 2012) 163-190
Hector MacQueen 'A post-positivist outlook from the thistle' in Neil Walker MacCormick's Scotland (Edinburgh University Press, 2012) pp 3-24
Abstract
The paper argues that Scottish-ness emerges constantly in Neil MacCormick's writings in the same way as it did in his conversation and teaching, naturally and appropriately to the point under discussion, and as un-self-consciously as is ever possible in the act of serious writing. Sometimes the point of departure is Scotland in some aspect or other (usually political), and quite frequently what MacCormick wanted to say was about and for Scotland; but it was all part of a wider picture in the end, at least European in its overall scope and ambition. Scottish-ness is thus part of the texture, the woof and warp, of MacCormick’s work: not to be over-emphasised, but, equally, not to be overlooked or under-played.
Gerry Maher QC '"The Many Conceptions of a Legal System"' in Neil Walker MacCormick's Scotland (Edinburgh University Press, 2012) pp 131-144
John W. Cairns 'John Millar and Slavery' in Neil Walker MacCormick's Scotland (Edinburgh University Press, 2012) pp. 73-106
Abstract
This paper explores the writing and development of chapter 5 of Millar's Origin of the Distinction of Ranks, dealing with servants, showing how he devloped the text in relationship to his lectures, and the anxieties he displayed in his correspondence with his publisher
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