Bøger i Hart Monographs in Transnational and International Law serien

This important book offers an ambitious and interdisciplinary vision of how private international law (or, conflict of laws) can and must be at the centre of re-working both our general understandings of law and concrete legal norms in directions that respond to ever-deepening global ecological crises. The author demonstrates why, paradoxically, it is this field of law's specific frontier location at the outpost of the law - where it is viewed from the outside as a mysterious obscurity and from the inside as a self-contained normative world - that generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of "shadow" ecological dimensions of law, the author, a recognised global expert, offers a truly transnational view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private and public field, should read this book.

This book sets out a plea for lawyers to understand the purpose and potential of international law on its own terms.

This book examines the regulation of the conflicts into transnational mining investment through national, transnational and local legal processes.

Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena.

This ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in the modern world.

The dilemma of a liberal human rights lawyer is this: one both believes in and doubts human rights. This new offers a critical, albeit sympathetic, exploration of the conditions for practising and enforcing human rights in a world steeped in ambivalence.

Every State has an obligation to prevent terrorist attacks emanating from its territory. This study addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs.

The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. In this book Perez analyses the inter-ordinal instabilities which arise at the European level, focusing on three main strands of case-law and their implications: Solange, Bosphorus and Kadi.

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages.

Transconstitutiononalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law.

Unity is presented as the theoretical opposite of fragmentation in international law scholarship, but its meaning remains vague and intuitive. This book attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law.

This book explains the functioning of three forms of governance structures within the context of European integration and constitutionalisation.

This book deals with international organisations and the tension between their legal nature and the system of state-based international law.