Catalogue Intersentia 2023

2023 CATALOGUE 

New and forthcoming 

publications 

LAW | HUMAN RIGHTS | BUSINESS & FINANCE

Contents 

Contents 

Preface 

Intersentia Online 1 

Preface........................................................... 2 

e-books.......................................................... Open Access2 3 

Open E-book3 

Access................................................. 3 

Teaching Materials......................................... Materwials 5 4 

Children’s Rights............................................ 7 

Law Titles 6 

Comparative Law......................................... 11 

Environmental Banking Law, Law, Financial Energy Law Law and 

and Regulation Natural Resources................................ 7 15 

European 

Bankruptcy 

Law.............................................. 

and Insolvency Law 7 

16 

European Union Law................................... 20 

Children's Rights 7 

Family Law................................................... 21 

Human Company, Rights.............................................. Commercial and Competition 29 

International Law 7 

Criminal Law........................... 34 

ICT Law........................................................36 

Comparative Law 

International Economic and Trade Law........37 

Legal Constitutional Theory................................................ Law and Fundamental 38 

Litigation Rights 

and Civil Procedure..................... 39 

Private Consumer International Law 

Law............................. 40 

Private Law...................................................43 

Contract Law 

Social Law.................................................... 44 

Tort 

Law.......................................................45 

IntersentiaOnline......................................... Criminal Law and Procedure 42 

Title 

Environmental 

Index.................................................... 

Law, Energy Law and 

46 

Author Index................................................ 47 

International 

Natural Resources 

Distribution 

 

............................ 48 

European Law 

European Union Law 

Family Law 

Human Rights 

Dear readers, authors and friends of 

Intersentia, 

For several years Larcier, Indicator, Intersentia and Bruylant 

have joined forces under the flag of the international Lefèbvre 

Sarrut Group. This cooperation has enabled us to meet the 

ever-evolving needs of legal and business professionals even 

better. 

We are pleased to announce the capstone of our integration: 

the recent launch of the new Larcier-Intersentia webshop. It will 

offer a clear and easy overview of our entire English portfolio, 

which will continue to be published under the Intersentia 

brand. 

This new webshop will be the single point of access to our 

publications in different domains. It will make your work 

easily discoverable by an even larger audience and give it the 

visibility it deserves. 

We would like to invite you to (re)discover your publications 

and that of your colleagues here: www.larcier-intersentia.com. 

In 2023, we will continue to work, as usual, to provide the best 

titles and reach the widest possible audience, by participating 

in conferences and events all over the world. 

Additionally, we would like to mention that last year we went 

one step further in our CSR (Corporate Social Responsibility) 

strategy, and during the month of November, we planted a 

tree for every e-book sold. 

e-books 

Intersentia has made over 200 books available digitally for both individuals and institutions. 

e-books for individuals 

Individuals can purchase our growing list of e-books via the Intersentia website. Available in PDF or 

EPUB formats, e-books can be downloaded immediately to most e-readers, smartphones and tablets. 

All e-books include active links for smooth navigation, and links to webpages will take you to the 

relevant online materials. 

e-books on Cambridge Core for institutions 

Institutions can access Intersentia’s e-books through Cambridge University Press’ academic digital 

publishing platform, Cambridge Core. This platform brings together valuable content from an array 

of publishers. Institutions enjoy a simple pricing structure, making it easier to buy our e-books. 

Open Access 

Open access books can be downloaded on our 

website and/or accessed on IntersentiaOnline. 

Books in this catalogue marked with the open 

access symbol are available in a digital, open 

access format. Printed copies may also be 

available. 

Open access publications are free to read online, 

which improves research and collaboration 

opportunities and facilitates cross-disciplinary 

conversations. It can also lead to greater 

engagement with the book, increasing the 

chances of citations and overall impact. 

All our open access books come with peer 

review, desk editorial and project management. 

If you are an author thinking of publishing open 

access with Intersentia, please get in touch. 

Insurance Law 

Intellectual Property 

International Criminal Law 

Law, Information and Technology 

Litigation and Civil Procedure 

Private International Law / Con ict 

Larcier - Intersentia Team 

> Become an author 

If you would like to submit a book proposal, 

please address it by e-mail: contact@larcierintersentia.com. 

Please refer to the ‘Guidelines 

for Prospective Authors’ on our website. 

> Inspection copies 

If you are a lecturer or course convenor 

interested in receiving an inspection copy, 

please get in touch. 

2 | www.intersentia.com

Teaching Materials 


Student prices 

The titles on the following 

pages (and titles throughout 

the catalogue bearing this 

symbol) are recommended 

as useful books for students. 

A corresponding student 

price is usually available. 

Prices marked with a * are 

applicable to students only. 

Online textbooks for 

students 

We offer combined physical 

and online access to selected 

textbooks. When a student 

purchases a new print copy, 

we will automatically give 

them access to the online 

version on IntersentiaOnline, 

if available, for one academic 

year, free of charge. 

Comparative 

Administrative Law, 

4th ed. 

René Seerden (ed.) 

ISBN 9781780686301 

xxix + 438 pp. | paperback 

2018 | € 54* | £ 51.30* | 

$ 64.80* 

See page 12 

Comparative Concepts 

of Criminal Law, 3rd ed. 

Johannes Keiler, David Roef 

(eds.) 

ISBN 9781780686851 

xviii + 376 pp. | paperback 

2019 | € 42* | £ 39.90* | 

$ 50.40* 

Theory and Practice 

of the European 

Convention on Human 

Rights, 5th ed. 

Pieter van Dijk, Fried van 

Hoof, Arjen van Rijn, Leo 

Zwaak (eds.) 

ISBN 9781780684949 


2019 | € 59* | £ 56.05* | 

$ 70.80* 

European Employment 

Law, 2nd ed. 

Karl Riesenhuber (ed.) 

Ius Communitatis Series, 

vol. 4 

ISBN 9781839701511 

lxiv + 1016 pp. | hardback 

2022 | € 54* | £ 51.30* | 

$ 64.80* 

European Legal 

Methodology, 2nd ed. 



vol. 7 

ISBN 9781839701368 

liv + 714 pp. | hardback 

2021 | € 54* | £ 51.30* | 

$ 64.80* 

See page 44 

European Social Security 

Law, 7th ed. 

Frans Pennings 


vol. 6 

ISBN 9781780688169 

xxiv + 486 pp. | hardback 

2022 | € 54* | £ 51.30* | 

$ 64.80* 

European Migration 

Law, 2nd ed. 

Pieter Boeles, Maarten den 

Heijer, Gerrie Lodder, Kees 

Wouters 

Ius Communitatis 

Series, vol. 3 

ISBN 978178068253 

xxii + 458 pp. | paperback 

2014 | € 43* | £ 40.85*| 

$ 51.60* 

If you are a lecturer or course 

convenor and you want to 

include your students in 

this initiative, please get in 

touch. For more information 

about IntersentiaOnline, see 

page 41. 

See page 16 

European Labour Law, 2nd 

ed. 

Teun Jaspers, Frans 

Pennings, Saskia Peters (eds.) 

ISBN 9781839703096 

670 pp. | paperback 

2023 | € 55* | £ 52.20* | $ 66* 

European Criminal Law, 

4th ed. 

André Klip 


vol. 2 

ISBN 9781780689685 

lxviii + 676 pp. | hardback 

2021 | € 52* | £ 49.40* | 

$ 62.40* 

Materials on European 

Criminal Law, 

4th ed. 

André Klip 

ISBN 9781839702082 

xii + 1222 pp. | paperback 

2022 | € 39* | £ 37.05* | 

$ 46.80* 

Handbook on Legal 

Methodology 

Lina Kestemont 

ISBN 9781780686738 

xiv + 98 pp. | paperback 

2018 | € 25* | £ 23.75* | $ 30* 

Contract Rules 

Neil H. Andrews 

ISBN 9781780684420 

xlvi + 406 pp. | paperback 

2016 | € 44* | £ 41.80* | 

$ 52.80* 

Contract Law in the 

South Pacific, 2nd ed. 

Jennifer Corrin 

ISBN 9781780687865 

liv + 384 pp. | paperback 

2020 | € 42* | £ 39.90* | 

$ 50.40* 

Principles of Cross- 

Border Insolvency 

Law 

Reinhard Bork 

ISBN 9781780684307 

xxxiv + 290 pp. | hardback 

2017 | € 48* | £ 45.60* | 

$ 57.60* 

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Children’s Rights < 

The Child's Right to Participate in Family Law Proceedings 

Represented, Heard or Silenced? 

Charlotte Mol 

European Family Law, vol. 52 

ISBN 9781839702556 

xxxii + 442 pp.| paperback 

2022 | € 159 | £ 151.05 | $ 190.80 

Series price € 135.15 

Corporate Insolvency Law 

Reinhard Bork 

ISBN 9781780689838 

xxvi + 244 pp. | paperback 

2020 | € 37* | £ 35.15* | $ 44.40* 

Corporate Finance, 

2nd ed. 

Marc Deloof, Sophie Manigart, 

Hubert Ooghe, Cynthia Van Hulle 

ISBN 9781839702112 

xxviii + 475 pp. | paperback 

2023 | € 59* | £ 56.05* | $ 70.80* 

Financial Management in 

Practice, 3rd ed. 

Rudy Aernoudt 

ISBN 9781839702105 


2023 | € 37* | £ 35.15* | $ 44.40* 

BUY ONLINE 

Health and Human Rights in 

Europe, 2nd ed. 

Brigit Toebes, Mette Hartlev, Aart 

Hendriks, Katharina Ó Cathaoir, Janne 

Rothmar Herrmann, Henriette Sinding 

Aasen 

ISBN 9781839700576 

xxxvi + 408 pp. | paperback 

2022 | € 48* | £ 45.60* | $ 57.60* 


Human Resource 

Management: Basics, 

3rd ed. 

Ralf Caers 

ISBN 9781839701269 

xvi + 422 pp. | paperback 

2021 | € 27* | £ 38* | $ 48* 

Introduction to South Pacific 

Law, 5th ed. 

Jennifer Corrin, Vergil 

Narokobi 

ISBN 9781839702914 

lxxxvi + 488 pp. | paperback 

2022 | € 52* | £ 49.40* | $ 62.40* 

This book contains an in-depth legal analysis of Article 

12 of the UN Convention on the Rights of the Child, the 

European Convention on Human Rights, the European 

Convention on the Exercise of Children’s Rights, the 

Council of Europe’s Guidelines on Child-Friendly Justice 

and Recommendation on the participation of children, 

and the European Union Charter of Fundamental Rights. 

The result is a comprehensive assessment of the child’s 

right to participate in family law proceedings, providing 

the first complete analysis of the international and 

European human rights instruments in this field. Of note, 

the book’s analysis of the case law of the European 

Court of Human Rights is unique, in both the inclusion 

of all of the Court’s judgments and decisions on child 

participation as well as the application of an innovative 

and rigorous method of qualitative content analysis. 

This book therefore provides a greater understanding 

of the child’s right to participate under Article 8 of the 

European Convention on Human Rights. 

Throughout the book, five key themes are addressed: 

the right to express views, due weight accorded to 

a child’s views, the relevance of the child’s age and 

maturity, the issue of undue influence, and the relevance 

of information and practical affairs. The standards 

provided in each of the instruments studied are 

compared and critically reflected upon. This book sets 

out the international and European framework for child 

participation and discusses critically how this framework 

can be further aligned and strengthened. New insights 

are reflected upon and recommendations made for the 

implementation and improvement of child participation 

rights at national and international levels. 

See page 12 

International Handbook on 

Child Participation in Family Law 

Wendy Schrama, Marilyn Freeman, 

Nicola Taylor, Mariëlle Bruning 

European Family Law, vol. 51 

ISBN 9781839700569 


2021 | € 113 | £ 107.35 | $ 135.60 


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Children’s Rights 

Ius Comparatum Series 

Children's Rights and Food Marketing 

State Duties in Obesity Prevention 

Katharina Ó Cathaoir 

ISBN 9781839702259 

xxiv + 288 pp.| paperback 

2022 | € 102 | £ 96.90 | $ 122.40 

This book engages adeptly with key debates in child rights 

and public health, making a clear, significant original 

contribution to both of these areas of scholarship. 

From the the Foreword by Aoife Nolan, Professor of International Human Rights 

Law, School of Law, University of Nottingham 

BUY ONLINE 

The Ius Comparatum series 

covers all areas of law. It contains 

the general reports as well as 

the special reports (national and 

non-national) of the General 

Congresses and Thematic 

Congresses of the International 

Academy of Comparative Law as 

well as publications related to the 

Academy’s activities. The books are 

published in English and French. 

Founding Editors 

Jürgen Basedow, Max Planck 

Institute for Comparative and 

International Private 

Law, Hamburg, Germany 

George A. Bermann, Columbia 

University, New York, USA 

Former Series Editors 

Katharina Boele-Woelki, Bucerius 

Law School, Hamburg, Germany 

Diego P. Fernández Arroyo, Institut 

d’Études Politiques de Paris 

(Sciences Po), Paris, France 

Series Editors 

Giuditta Cordero-Moss, University of 

Oslo, Oslo, Norway 

Gary Bell, National University of 

Singapore, Singapore 

Series Assistant Editor 

Philippine Blajan, IACL, Paris, France 

Editorial Board Members 

Ewa Baginska, Gdansk University, 

Gdansk, Poland 

Vivian Curran, University of 

Pittsburgh, Pittsburgh, PA, USA 

Nicolás Etcheverry, Universidad de 

Montevideo, Montevideo, Uruguay 

Makane Moïse Mbengue, Université 

de Genève, Geneva, Switzerland 

Marilda Rosado de S. Ribeiro, 

Universidade do Estado do Rio de 

Janeiro, Rio de Janeiro, Brazil 

Marilyne Sadowsky, Université Paris 

1 Panthéon-Sorbonne, Paris, France 

Dan Wei, University of Macau, 

Macau, China. 

With a subscription to the series 

you enjoy a 15% discount on each 

volume! 

The World Health Organization and UNICEF have 

repeatedly sounded the alarm regarding unhealthy food 

marketing, childhood obesity and non-communicable 

diseases. Human rights bodies, like the Committee 

on the Rights of the Child, are also increasingly calling 

on states to act. But what are states’ obligations and 

how do states meet these while respecting concurrent 

obligations under EU law, the European Convention on 

Human Rights and international trade law? 

Children’s Rights and Food Marketing lays out a 

convincing, detailed account of states’ obligations 

and how states can restrict unhealthy food marketing 

without violating other treaties to which they are party. 

Furthermore, the book presents a blueprint for what 

a child rights approach to regulating unhealthy food 

marketing could look like. It focuses on the restriction 

of unhealthy food marketing in the European Union, 

spanning consumer protection, media law and data 

protection law. As the most restrictive example in the 

EU, Irish regulations are used as a case study. 

This book is of interest to academics, practitioners and 

organisations working in the field of public health law 

and children’s rights. 

Dr. Katharina Ó Cathaoir is Associate Professor of 

Law, specialising in health law, at the Faculty of Law, 

University of Copenhagen and is Pro Futura Scientia 

Fellow at the Swedish Collegium of Advanced Studies. 

She holds a Bachelor of Laws from University College 

Cork, an LLM from Trinity College Dublin and a PhD 

from the University of Copenhagen. 

Plurality and Diversity in 

Law: Family Forms and 

Family's Functions 

Jacqueline Heaton, Aida 

Kemelmajer (eds.) 

ISBN 9781839703058 

xvi + 488 pp. | hardback 

2023 | € 159 | £ 151 | $ 191 



Law: The Human Rights 

Paradigm 

Laurence Burgorgue-Larsen 

(ed.) 

ISBN 9781839703133 


2023 | € 205 | £ 195 | $ 246 




Children’s Rights 

Comparative Law < 

Domestic Violence and Parental Child Abduction 

The Protection of Abducting Mothers in Return Proceedings 

Katarina Trimmings, Anatol Dutta, Costanza Honorati, Mirela Župan (eds.) 

ISBN 9781839702457 


2022 | € 79 | £ 75.05 | $ 94.80 

Culture and Law 

An Inescapable Encounter 

Jorge Sánchez Cordero (ed.) 

Ius Comparatum 

ISBN 9781839703263 

xii + 270 pp.| hardback 

2023 | € 136 | £ 129.20 | $ 163.20 


Available on 

BUY ONLINE 

BUY ONLINE 

This book focuses on the protection of abducting 

mothers who have been subject to return proceedings 

under the 1980 Hague Abduction Convention and 

the Brussels IIa Regulation, in circumstances where 

the child abduction has been motivated by acts of 

domestic violence from the left-behind father. The 

utility of Regulation 606/2013 on mutual recognition 

of protection measures in civil matters and Directive 

2011/99/EU on the European Protection Order, and how 

protection measures can be used to protect abducting 

mothers, are examined within this context. Both 

instruments allow cross-border circulation of protection 

measures but, so far, have not attracted much attention 

in practice. This book aims to fill that gap. 

Domestic Violence and Parental Child Abduction is 

the culmination of the POAM (Protection of Abducting 

Mothers in Return Proceedings) project, a collaborative 

research project conducted between 2019 and 2021. 

It presents and analyses the findings of the project and 

brings together contributions by the project partners, 

as well as by other renowned experts. The book also 

presents a Best Practice Guide developed for the 

application of Regulation 606/2013 and Directive 

2011/99/EU in child abduction cases committed against 

the background of domestic violence. 

The book offers a unique perspective on the problem 

of international parental child abductions committed 

against the background of domestic violence. Given its 

practical focus, it will appeal not only to an academic 

audience but also to judges, legal practitioners and 

other professionals working in the area of parental child 

abduction. 

Over the years, no aspect of comparative law has drawn 

and kept the attention of comparatists more powerfully 

than the relationship between culture and law. 

What emerges from the pages of this volume cannot 

be summed up in a single or even a series of abstract 

propositions. Rather, each chapter confirms the 

specificity of the circumstances under which culture and 

law interact in myriad ways. What binds the contributions 

together is that each identifies in different perspectives 

the intertwinement of culture and law. 

Each author presents this intertwinement, both 

analytically and critically, in novel and stimulating 

explorations of the subject. The narratives are wideranging, 

but each records, in its own way, the results to 

which it led. What binds these narratives together is that 

each identifies the characteristics of this interaction. 

Excellence in comparative law scholarship may validly 

be measured by the extent to which the findings it 

reveals serve over time to test hypotheses to which 

the imaginativeness of comparative law scholars leads. 

That is precisely the sort of excellence that inheres in 

the superb annals of comparative law that this volume 

represents and in their insights into how, and how well, 

culture and law intertwine. 

With contributions by Katharina Boele-Woelki (Bucerius 

Law School), Marie Cornu (CNRS), Diego P. Fernández 

Arroyo (International Academy of Comparative Law), 

Jeroome Fromageau (Ecole du Louvre, Institute of 

Political Sciences of the Ecole Normale Superieure of 

the University of Paris Saclay), Javier Garcia Fernandez 

(Universite Complutense de Madrid), Andrzej 

Jakubowski (University of Opole), Lucas Lixinski (UNSW 

Sydney), Ricardo Lorenzetti (Argentinian Supreme 

Court), Makane Moise Mbengue (Universite de Geneve, 

INPUB), Luis Antonio Montes de Oca Mayagoitia 

(College des Notaires de la Ville de Mexico), James A.R. 

Nafziger (Willamette University College of Law), Diego 

Prieto Hernandez (UAM-Iztapalapa), Jorge Sanchez 

Cordero (UNIDROIT), Alexandre Senegacnik (IACL), and 

Ana Filipa Vrdoljak (UNESCO, University of Technology 

Sydney). 

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Comparative Law 

Comparative Law < 

See page 45 

A Comparative Law 

Analysis of No-Fault 

Comprehensive 

Compensation Funds 

Kim Watts 

ISBN 9781839702983 


2023 | € 148 | £ 140.60 | 

$177.60 

See page 21 

Between Sexuality, 

Gender and 

Reproduction 

Nina Dethloff, Katharina 

Kaesling (eds.) 

ISBN 9781839703126 

xii + 270 pp.| paperback 

2023 | € 113 | £ 107.35 | 

$ 135.60 

See page 43 

Boundaries of 

Information Property 

Christine Godt, Geertrui Van 

Overwalle, Lucie Guibault, 

Deryck Beyleveld (eds.) 

ISBN 9781839702303 

xxiv + 882 pp. | paperback 

2022 | € 159 | £ 151.05 | 

$ 190.80 

Civil Enforcement 

in a Comparative 

Perspective 

Wendy Kennett 

ISBN 9781780688183 

l + 638 pp. | paperback 

2021 | € 142 | £ 134.90 | 

$ 170.40 

See page 27 

Eastern and Western 

Perspectives on 

Surrogacy 

Jens M. Scherpe, Claire 

Fenton-Glynn, Terry Kaan 

(eds.) 

ISBN 9781780686523 


2019 | € 119 | £ 113.05 | 

$ 142.80 

See page 20 

EU Private International 

Law in Family Matters 

Costanza Honorati, Maria 

Caterina Baruffi 

ISBN 9781839702730 

x + 372 pp. | paperback 

2022 | € 136 | £ 129.20 | 

$ 163.20 

See page 27 

Surrogacy in Latin 

America 

Nicolás Espejo-Yaksic, Claire 

Fenton-Glynn, Jens M. 

Scherpe 

ISBN 9781839703256 

xx + 254 pp. | paperback 

2023 | € 99 | £ 94.05 | 

$ 118.80 

See page 32 

Legal Capacity, 

Disability and Human 

Rights 

Michael Bach, Nicolás 

Espejo-Yaksic (eds.) 

ISBN 9781839703348 


2023 | € 99 | £ 94 | $ 119 

Collective Judging 

in Comparative 

Perspective 

Birke Häcke , Wolfgang Ernst 

(eds.) 

ISBN 9781780686240 

xxii + 344 pp. | hardback 

2020 | € 107 | £ 101.65 | 

$ 128.40 

Comparative Concepts 

of Criminal Law 

Johannes Keiler, David Roef 

(eds.) 

ISBN 9781780686851 


2019 | € 107 | £ 101.65 | 

$ 128.40 

See page 21 

Cross-Border Recognition 

of Formalized Same-Sex 

Relationships 

Laima Vaigé 

ISBN 9781839702563 

xliv + 480 pp.| paperback 

2022 | € 166 | £ 157.70 | 

$ 199.20 

See page 10 

Domestic Violence 

and Parental Child 

Abduction 

Katarina Trimmings, Anatol 

Dutta, Costanza Honorati, 

Mirela Župan (eds.) 

ISBN 9781839702457 

xviii + 284 pp.| paperback 

2022 | € 79 | £ 75.05 | $ 94.80 

Harmonisation of 

Transactions Avoidance 

Laws 

Reinhard Bork, Michael 

Veder 

ISBN 9781839701825 

xviii + 1314 pp. | hardback 

2022 | € 142 | £ 134.90 | 

$ 70.40 

Incorporating the UN 

Convention on the 

Rights of the Child into 

National Law 

Ursula Kilkelly, Laura Lundy, 

Bronagh Byrne (eds.) 

ISBN 9781780689920 


2021 | € 79 | £ 75.05 | $ 94.80 

Exploring Truth 

Commission 

Recommendations in a 

Comparative Perspective 

Beyond Words Vol. I 

Eric Wiebelhaus-Brahm, Elin 

Skaar, Jemima Garcia-Godos 

ISBN 9781780688886 


2022 | € 89 | £ 84.55 | $ 106.80 

Latin American 

Experiences with 

Truth Commission 

Recommendations 

Beyond Words Vol. II 

Eric Wiebelhaus-Brahm, Elin 

Skaar, Jemima Garcia-Godos 

(eds.) 

ISBN 9781839701795 


2022 | € 119 | £ 113.05 | $142.80 


Comparative Law Environmental and Energy Law < 

Freedom of Environmental Information 

Aspirations and Practice 

Sean Whittaker, Colin T. Reid, Jonathan Mendel 

ISBN 9781839702853 


2023 | € 102 | £ 96.90 | $ 122.40 

Legal Privilege and 

Transnational Evidence- 

Taking 

René Jansen 

ISBN 9781839702433 

xxxii + 296 pp. | paperback 

2022 | € 125 | £ 118.75 | $ 150 

Memories 

Rudolf B. Schlesinger 

ISBN 9781839702761 


2022 | € 68 | £ 64.60 | $ 81.60 

See page 26 






ISBN 9781839703058 


2023 | € 159 | £ 151.05 | 

$ 190.80 

The Law and Economics 

of Secured Lending 

Frederic Helsen 

ISBN 9781839701504 

xii + 552 pp. | hardback 

2021 | € 160 | £ 152 | $ 192 

BUY ONLINE 

See page 31 


Law: The Human Rights 

Paradigm 

Laurence Burgorgue-Larsen 

(ed.) 

ISBN 9781839703133 


2023 | € 205 | £ 194.75 | 

$ 246 

Rome I and Rome II in 

Practice 

Emmanuel Guinchard (ed.) 

ISBN 9781780686714 


2020 | € 174 | £ 165.30 | 

$ 208.80 

The Acquisition of 

Immovables through 

Long-Term Use 

Björn Hoops, Ernst Marais 

(eds.) 

ISBN 9781839701658 

lxii + 724 pp. | paperback 

2022 | € 171 | £ 162.45 | 

$ 205.20 

Comparing Online Legal 

Education 

Luke Nottage, Makoto 

Ibusuki (eds.) 

ISBN 9781839703485 


2023 | € 119 | £ 113 | $ 163 

This book explores the right of access to environmental 

information, considering both the environmental 

aspirations which underlie the right and how the right is 

used in practice. 

Basing its findings on qualitative research conducted in 

Scotland, the book identifies that individuals who seek 

environmental information under the right are often 

doing so for personal or professional reasons that do not 

further the right’s environmental purpose. 

The book uses Actor-Network Theory to discuss this 

divergence between theory and practice. It challenges 

the implicit assumptions which underpin the right and 

hinder the achievement of its environmental aims, 

identifying the overly-simplified conceptualisation of the 

parties who engage with the right as well as the failure 

to consider the impact that non-human actors have in 

the operation of the right. 

These findings provide a unique insight into the nature 

and operation of the right to environmental information 

and present the foundation for further inquiry into the 

right, its implementation and its relationship with wider 

freedom of information laws. 

Sean Whittaker is a lecturer in law at the university of 

dundee, where he specialises in public law, information 

law and comparative law. 

Colin T. Reid is professor of environmental law at the 

university of dundee, working on various environmental 

law and public law themes, especially biodiversity and 

devolution. He is a patron of the uk environmental law 

association. 

Jonathan Mendel is senior lecturer in human geography 

at the university of dundee. His research focusses on 

topics including: access to environmental information; 

data, information and surveillance policy and technology 

and anti-trafficking. 


European Law 

European Law < 

European Labour Law, 2nd edition 

Teun Jaspers, Frans Pennings, Saskia Peters (eds.) 

ISBN 9781839703096 


2023 | € 220 | £ 209 | $ 264 

Informed Choices in Cross-Border Enforcement 

The European State of the Art and Future Perspectives 

Jan von Hein, Thalia Kruger (eds.) 

ISBN 9781780689692 

xxxii + 592 pp. | hardback 

2021 | € 159 | £ 151.05 | $ 190.80 

Large parts of national labour law have now been revised 

and/or influenced by EU labour law. Examples are the 

prohibition of discrimination on several grounds, transfer 

of undertaking and collective dismissals, the position 

of categories of flexible workers, health and safety and 

working time. This is the case regardless of whether 

there is a cross-border element 

Frans Pennings. 

BUY ONLINE 

BUY ONLINE 

This book provides a comprehensive overview of the 

various areas of European labour law: fundamental 

rights, free movement of workers and posting, equal 

treatment, a-typical forms of employment, collective 

bargaining and collective agreements, restructuring 

of enterprises and health and safety. The chapters are 

written by eminent experts from a considerable number 

of EU Member States. Most of them are written by two 

authors from different Member States. As a result of this, 

the book does not approach European labour law from 

a single country perspective, but intends to give insight 

in the different ways European labour was received and 

implemented in the various Member States. 

The book not only describes the current state of affairs, 

but also critically assesses how the interaction of the 

EU legislature, Court of Justice, Member States and 

social partners has contributed to the development of 

EU labour law. As such, it is not only a comprehensive 

introduction to European labour law, but also provides 

food for thought for undertaking an advanced study in 

this area, for instance by Master’s students. 

This handbook, dealing with all important areas of 

labour law, written from several perspectives by experts, 

but within a restricted number of pages, is therefore 

also excellent study material for Master programmes of 

European labour law. 

How to choose the most beneficial enforcement 

regime for cross-border claims of a client? A question 

considerably complicated by (1) the existence of various 

European Union enforcement tools and (2) particularities 

in the national legal systems that impact on the 

operation and suitability of the various enforcement 

tools. 

This book compares and analyses the practical utility 

and potential pitfalls of the 2nd generation regulations 

(European Enforcement Order, European Order for 

Payment, European Small Claims Procedure and 

European Account Preservation Order) and their relation 

to Brussels Ibis. Further, it analyses whether and to 

what extent all of the 2nd generation EU regulations 

prove their worth in the cross-border enforcement of 

claims, and which measures can be recommended for 

their practical improvement and for achieving greater 

consistency in European enforcement law. 

The work is based on an extensive evaluation of case law 

(more than 500 published and unpublished judgments), 

empirical data (150 interviews with practitioners) and 

literature from eight Member States (Belgium, France, 

Germany, Italy, Luxembourg, The Netherlands, Poland, 

Spain) and the Court of Justice of the European Union. 

It provides an extensive and up-to-date picture of the 

cross-border enforcement of claims across Europe and 

is an important resource for academics and practitioners 

alike. 


European Law 

European Law < 

Towards a New European Impetus Post-Brexit 

A View Behind the Scenes 

Rudy Aernoudt 

ISBN 9781839703225 


2023 | € 69 | £ 65.55 | $ 82.80 

This is an ambitious book. The premise is that there is a 

need to modernise the appeal of Europe by developing 

a new narrative that (re)connects Europe’s citizens – its 

stakeholders – to the idea of Europe and specifically one 

that engages Generation Z. Rudy Aernoudt is eminently 

qualified to offer a new narrative 

From the Foreword by Colin Mason, Professor of EntrepreneurshipAdam 

Smith Business School, University of Glasgow, Scotland, UK. 

BUY ONLINE 

Coronavirus and the Law 

in Europe 

Ewoud Hondius, Marta 

Santos Silva, Andrea 

Nicolussi, Pablo Salvador 

Coderch, Christiane 

Wendehorst, Fryderyk Zoll 

(eds.) 

ISBN 9781839700828 


2021 | € 166 | £ 157.70 | 

$ 199.20 

Elderly Care and 

Upwards Solidarity 

Elisabeth Alofs, Wendy 

Schrama (eds.) 

European Family Law Series, 

vol. 48 

ISBN 9781780689609 


2020 | € 89 | £ 84.55 | 

$ 106.80 

European Contract Law 

and the Creation of 

Norms 

Stefan Grundmann, Mateusz 

Grochowski (eds.) 


and Theory Series, vol. 5 

ISBN 9781780689654 

xvi + 310 pp.| paperback 

2021 | € 113 | £ 107.35 | 

$ 135.60 

European Legal 

Methodology, 2nd ed. 



vol. 7 

ISBN 9781839701368 


2021 | € 169 | £ 160.55 | 

$ 202.80 

Europe is neither a deus ex machina nor a scapegoat, 

but can make a real difference to European citizens in 

their daily life. Those citizens are the real stakeholders 

in the European story. Europe has proven that it can 

realize what was considered by many as impossible. 

The internal market and the euro have become feats 

that others envy. Processes can be slow and errors have 

been made, such as the decoupling of monetary and 

economic policy, but the European project has proven 

to be solid and able to navigate through turbulent 

waters and crises. Moreover, crises often appeared 

to act as an accelerator for the European integration 

process. COVID-19 is a prime example. The nextgeneration 

project is an unprecedented injection into 

the real economy. Financing through European loans 

would never have been possible without COVID-19. 

Other examples, such as space policy and the monetary 

union, showcase Europe’s standing on the world stage. 

However, Europe is under attack. Populism and 

nationalism are rampant, the United Kingdom has left 

the Union and public confidence in Europe is waning. 

How should it move forward? With that question, 

the author takes the reader behind the scenes and 

delves into the story of Europe: a story of ambitions 

and illusions. With his unique, personal insights from 

his experiences working in European institutions, he 

explores the future of Europe and proposes twelve 

priorities for action at a European level, which he calls 

the ‘Twelve Labours of Hercules’. The book provides 

a positive answer to the question of whether Europe 

can still mean something to its citizens and sets out to 

promote Europe as a continent to be proud of, and 

not one to be torpedoed again and again. The book 

encourages readers to develop their own vision of 

Europe and its future, and also invites them to critique 

Europe but, above all, engage with it. 

European Private 

International Law and 

Member State Treaties 

with Third States 

Anatol Dutta, Wolfgang 

Wurmnest (eds.) 

ISBN 9781780686646 

xxiv + 468 pp.| hardback 

2019 | € 149 | £ 141.55 | 

$ 178.80 

Platform Work in 

Europe 

Maria Teresa Carinci, Filip 

Dorssemont (eds.) 

ISBN 9781839701641 


2021 | € 79 | £ 75.05 | $ 94.80 







ISBN 9781839703058 


2023 | € 159 | £ 151.05 | 

$ 190.80 

Protecting Trans Rights 

in the Age of Gender 

Self-Determination 

Eva Brems, Pieter Cannoot, 

Toon Moonen (eds.) 

ISBN 9781839700194 


2020 | € 66 | £ 62.70 | $ 79.20 


European Union Law 

Family Law < 



Legislation and CJEU Case 

Law 



ISBN 9781839702730 


2022 | €136 | £ 129.20 | 

$ 163.20 

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Right to Respect for 

Private and Family 

Life, Home and 

Correspondence 

A Practical Guide to the 

Article 8 Case-Law of the 

European Court of Human 

Rights 

Päivi Hirvelä, Satu Heikkilä, 

ISBN 9781839702747 

xlii + 420 pp. | paperback 

2022 | € 125 | £ 118.75 | $ 150 

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Gender and 

Reproduction 

On the Pluralisation of 

Family Forms 



European Family 

Law Series, vol. 54 

ISBN 9781839703126 


2023 | € 113 | £ 107.35 | 

$ 135.60 


Cross-Border 

Recognition of 

Formalized Same-Sex 

Relationships 

The Role of Ordre Public 

Laima Vaigė 

European Family 

Law Series, vol. 53 

ISBN 9781839702563 

xliv + 480 pp. | paperback 

2022 | € 166 | £ 157.70 | 

$ 199.20 


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This volume collects all 

the relevant instruments 

in the field of EU 

private international 

law (PIL) in family 

matters (the Brussels 

II ter Regulation, the 

Brussels II bis Regulation, 

the Maintenance 

Regulation, the Rome 

III Regulation, the 

Succession Regulation, 

the twin Regulations 

on property regimes 

and three international 

conventions: the 1980 

Hague Convention 

on international child 

abduction, the 1996 

Hague Convention 

on measures for 

the protection of 

children and the 2007 

Hague Protocol on 

maintenance). 

International instruments 

are complemented by 

referencing decisions 

issued by the CJEU 

on these Regulations 

(currently around 70). 

Each and all of the 

many passages and/ 

or obiter dicta that are 

disseminated through 

the decisions have been 

considered, sorted out 

and reported in a concise 

yet clear synopsis which 

has been inserted as a 

footnote to each relevant 

passage of the applicable 

rule or Article. This makes 

the volume a concise, yet 

complete and accurate, 

tool both for practitioners 

and academics who 

need to keep track of 

the overwhelming EU 

case law in PIL in family 

matters. 

This book provides a 

comprehensive, detailed 

and up-to-date account 

of Strasbourg case-law on 

Article 8 of the European 


Rights. It focuses on the 

Court's most important 

cases on private and 

family life, home and 

correspondence, which 

have been selected 

following the Court's 

Jurisconsult's opinion 

of their jurisprudential 

interest. 

Right to a Fair Trial 

A Practical Guide to the 

Article 6 Case-Law of the 

European Court of Human 

Rights 

Päivi Hirvelä, Satu Heikkilä 

ISBN 9781839700941 

liv + 372 pp. | paperback 

2021 | € 102 | £ 96.90 | $ 122.40 

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Available on 

The interrelationships 

between sexuality, 

gender and reproduction 

are no longer selfevident. 

As a result, 

family concepts are 

everchanging. This 

book examines these 

issues and focuses on 

the manifold challenges 

for jurisprudence and 

legislation that are 

influenced by today’s 

pluralisation of family 

forms and divisive 

tensions that accompany 

social and normative 

transformations, such 

as the increasing 

recognition of samesex 

partnerships and 

LGBTQI+ families. 

In particular, assisted 

reproductive 

technologies can lead to 

a severance of biological, 

genetic and social family 

links. 

Against this background, 

how should legal 

concepts of partnership, 

family and parenthood 

be constructed in the 

future? How do the 

highest courts and 

human rights help shape 

new legal approaches? 

Are there common trends 

of co-existing legal 

systems? Where does the 

international community 

of states risk breaking 

apart? And what role 

does representation of 

diverse families in (new) 

media and art play? To 

answer these questions, 

this book brings together 

international expertise 

from Australia, Austria, 

Germany, Poland, 

Portugal, South Africa 

and the USA. 

This book is published 

at a time of clashes 

between traditional 

family values and gender 

equality in Europe. 

In some States, the 

heterosexual nature of 

marriage is considered 

to be a fundamental 

component of the State’s 

national identity and 

public policy. In many 

others, in contrast, 

national identity relates 

to gender equality and 

non-discrimination 

on the basis of sexual 

orientation. 

This book focuses on the 

implications for the civil 

status and legal effects 

of formalized same-sex 

relationships when such 

couples move across 

the borders of the EU. 

The legal systems of 

Estonia, Latvia, Lithuania 

and Poland are assessed 

comparatively in terms 

of the manner in which 

they respectively 

treat the issue of the 

recognition of samesex 

marriages and civil 

partnerships. A critical 

analysis of the impact 

of “Europeanization” in 

this area is carried out 

and recommendations 

as concerns a plausible 

and desirable European 

approach to crossborder 

recognition of 

civil status in the future 

are outlined. The central 

theme is the elusive and 

ever-changing concept of 

ordre public. 



Family Law 

Family Law < 

Family Matters 

Essays in Honour of John Eekelaar 

Jens M. Scherpe, Stephen Gilmore (eds.) 

ISBN 9781839701894 

xxvi + 1128 pp. | hardback 

2022 | € 166 | £ 157.70 | $ 199.20 

International Survey of Family Law 2022 

Robin Fretwell Wilson, June Carbone (eds.) 

ISBN 9781839702648 


2022| € 96 | £ 91.20 | $ 115.20 


Almost every Festschrift begins with a statement that if 

ever there was a person who deserved one, it is the person 

being celebrated. However, never was this truer than in 

the case of John Eekelaar 

From the Editors’ Preface by Stephen Gilmore and Jens M. Scherpe. 

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John Eekelaar, FBA, is a ‘giant of family law’, whose 

unrivalled contribution to the entire breadth of family 

law scholarship and research has brought many 

doctrinal, theoretical, empirical and contextual insights 

to the study of family law and family justice. His worldwide 

reputation and influence in the field of family law, 

and the huge body of literature his career of more than 

50 years has produced, are celebrated in this collection 

of essays written by senior judges and fellow academics. 

The 66 contributions cover a wide range of issues in 

family law, child law and family justice. Many draw their 

inspiration from Eekelaar’s sociolegal and social policy 

focus, the groundbreaking, keystone or prescient nature 

of his analyses, or the various lenses through which he 

has sought to refract the subject matter of family law. 

Throughout the book the admiration for Eekelaar and 

the high esteem in which he is held is palpable. The 

result is a collection of insightful critical engagements 

with family law and family justice, inspired by Eekelaar’s 

work, which bear testament to the vast impact of 

Eekelaar’s ideas and to his kindness and humanity. 

See page 20 





ISBN 9781839702730 


2022 | € 136 | £ 129 | $ 163 

The International Society of Family Law is an 

independent, international, and non-political scholarly 

association dedicated to the study, research and 

discussion of family law and related disciplines. The 

Society’s membership currently includes professors, 

lecturers, scholars, teachers, and researchers from 

more than 50 different countries, offering a unique 

opportunity for networking within a truly international 

family law community. 

The International Survey of Family Law is the annual 

review of the International Society of Family Law. It 

brings together reliable and clearly structured insights 

into the latest and most notable developments in family 

law from all around the globe. Chapters are prepared 

by an international team of selected experts in the field, 

usually covering 20 or more jurisdictions in each edition. 

The 2022 edition of the International Survey includes 

a broad review of global developments, including the 

incorporation of international treaties and European law 

into national adjudications, the impact of COVID-19, the 

changing demographic pressures that influence family 

organisation, the ability of different legal systems to 

manage the parallel religious and secular concerns, the 

challenges of immigration and cross-border disputes, 

and a review of different countries’ approaches to family 

recognition, spousal support, custody, inheritance and 

other family law topics. 

With contributions by Zaahirah America, Massilia Amzal, 

Małgorzata Balwicka-Szczyrba, Bastien Baret, Christine 

Bidaud, Claire Brunerie, Aurore Camuzat, Siyuan Dong, 

Michelle Fernando, Isabella Ferrari, Éric Fongaro, 

Katrine K. Fredwall, Hugues Fulchiron, Elise Goossens, 

Maebh Harding, Guillaume Kessler, Zdeňka Králíčková, 

Suzana Kraljić, Dongjin Lee, Xia Li, Guillaume Millerioux, 

Alexis Mondaca, Najma Moosa, Taylene Moreira De 

Sá, Mathilde Mosiek-Brasset, Jamil Ddamulira Mujuzi, 

Margot Musson, J. Thomas Oldham, Anna Parker, 

Elizabeth S. Perry, Anja Pich, Marie Pincet, Grant T. 

Riethmuller, Anne Scully-Johnson, Frederik Swennen, 

Anna Sylwestrzak, Mary Welstead and Mingmei Xiang. 



Family Law 

Family Law < 

From Catholic Outlook to Modern State Regulation 

Developing Legal Understandings of Marriage in Ireland 

Maebh Harding 

European Family Law Series 

ISBN 9781780686158 


2023 | € 71 | £ 67.45 | $ 85.20 


Plurality and Diversity in Law: Family Forms and 


Jacqueline Heaton, Aida Kemelmajer (eds.) 


ISBN 9781839703058 

v + 545 pp.| hardback 

2023 | € 159 | £ 151.05 | $ 190.80 


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This book focuses on the development of marriage 

law in Ireland from 1937 to the present day, examining 

the relevant historical legal background to changes in 

the law in the 20th and early 21st centuries. It draws 

on legal sources and historical and empirical evidence 

about the reality of family life in Ireland, to raise 

broader questions about the appropriate role of law in 

establishing, preserving and developing inclusive social 

understandings of marriage. The impact of accurate 

empirical data about family life, external international 

influence and sustained activism as drivers in achieving 

meaningful social change is also evaluated. 

This original viewpoint highlights the initial ideological 

importance of marriage regulation in Ireland and its 

connection to national identity in a Catholic country. 

Historically, asymmetric social rules concerning marriage 

allowed those in power to favour particular religious 

groups; first the Protestant elite and then the Roman 

Catholic majority. 

Protecting a Catholic idea of marriage was an important 

consideration when drafting the founding documents 

of the Irish state. Article 41.3.1° of the 1937 Irish 

Constitution enshrines the institution of marriage as 

the only recognised basis for the family and pledges 

to protect marriage from ‘attack’. This protection has 

acted throughout the late 20th and early 21st centuries 

both as a basis for liberal judicial development of family 

law principles and an obstacle to meaningful statutory 

modernisation, fossilising a traditional understanding 

of marriage as the bedrock of Irish family law. Up 

until the end of the 20th century, the state’s ‘secular’ 

understanding of marriage was generally inseparable 

from its acceptance of traditional Catholic norms. 

However, the adoption of same-sex marriage in Ireland 

in 2015 marked a substantial change in traditional 

attitudes to marriage and the social role of the family 

unit. This book critically highlights the role played by 

the ideal of constitutional protection of marriage and 

existing legislative structures in initiating and delaying 

family law reform. 

This book presents comparative perspectives on two 

main issues. The first is whether, and if so, how, family 

law recognises that a child can have multiple parents. 

The focus falls on stepfamilies; families where children 

are raised in more than one household; polygamous 

families; families where children have been adopted 

but maintain links with their biological families; families 

where children are cared for in terms of a kafala 

arrangement; families where a child was born as a result 

of donor-assisted reproductive technology; families 

where a child was born as a result of ‘three-parent’ 

medical technology; and families where a child was born 

as a result of surrogacy. The second main issue is which 

family functions are recognised and favoured by the 

law, and whether the presence of children in the family 

makes a difference in this regard. 

With reports by Roberta Aluffi (University of Torino), 

Elmar Buchstatter (Paris Lodron University Salzburg), 

Blazej Bugajski (Cracow University of Economics), 

Claire Fenton-Glynn (University of Cambridge), Nicole 

Gallus (Universite Libre de Bruxelles), Michelle Giroux 

(Universite d'Ottawa), Jacqueline Heaton (University 

of South Africa), Francoise Hilger (University of 

Luxembourg), Frank Hogholm Pedersen (University of 

Copenhagen), Aida Kemelmajer (University of Cuyo), 

Henry Kha (Macquarie University), Louise Langevin 

(Universite Laval), Yves-Henri Leleu (University of Liege; 

Universite Libre de Bruxelles), Anne Louw (University 

of Pretoria), Natasa Lucic (University of Osijek), Ingrid 

Lund-Andersen (University of Copenhagen), Geraldine 

Mathieu (University of Namur), Graciela Medina 

(University of Buenos Aires), Branka Resetar (University 

of Osijek), Maia Roots (Tohoku University), Marianne 

Roth (Paris Lodron University Salzburg), Anne Sanders 

(University of Bielefeld), Jens M. Scherpe (Aalborg 

University), Wendy Schrama (Utrecht University), Meliha 

Sermin Paksoy (Altinbas University), Frederik Swennen 

(University of Antwerp), Thi Anh Van Ngo (Ho Chi Minh 

City University of Law), Anna Wysocka-Bar (Jagiellonian 

University) and Eleni Zervogianni (Aristotle University of 

Thessaloniki). 



Family Law 

Human Rights < 

Surrogacy in Latin America 

Nicolás Espejo-Yaksic, Claire Fenton-Glynn, Jens M. Scherpe (eds.) 

ISBN 9781839703256 


2023 | € 99 | £ 94.05 | $ 118.80 

Right to Respect for Private and Family Life, Home and 

Correspondence 

A Practical Guide to the Article 8 Case-Law of the European 

Court of Human Rights 

Päivi Hirvelä, Satu Heikkilä 

The complex circumstances in which surrogacy happens, 

and the diversity of interests at stake, pose a challenge for 

both legislation and public policy. However, protecting the 

rights of all people involved is essential. This work ... is an 

indispensable step in that direction. 

ISBN 9781839702747 

xlii + 420 pp.| paperback 

2022 | € 125| £ 118.75 | $ 150 

From the Foreword by the Supreme Court of Justice of Mexico 

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Surrogacy, and especially cross-border surrogacy, 

has become a global phenomenon and multi-billiondollar 

industry. This development raises serious 

legal and ethical questions about exploitation and 

commodification of women and children, the legal status 

and protection of children born through surrogacy, 

and parental rights of intended parents. The legal 

reactions to surrogacy have varied greatly, ranging from 

prohibition or toler-ance of the practice of surrogacy 

to a free market approach. Very few jurisdictions have 

introduced specific regulation for surrogacy, as they 

have struggled to create legal frameworks that ensure 

the protection of surro-gates, children and intending 

parents alike. 

This book is the first comprehensive engagement with 

surrogacy and surrounding issues in Latin America in the 

English language. It examines the approaches taken in 

Latin American jurisdictions, bringing together ex-perts 

from Argentina, Brazil, Chile, Colombia, Costa Rica, 

Dominican Republic, Ecuador, Guatemala, Mexico, Peru, 

Puerto Rico, and Uruguay. It provides an overview of 

the national developments and current legal re-form 

processes in their historical and societal contexts and 

puts the developments into a global perspective. 

ALSO OF INTEREST 

Eastern and Western 

Perspectives on 

Surrogacy 

Jens M. Scherpe, Claire 

Fenton-Glynn, Terry Kaan 

(eds.) 

ISBN 9781780686523 


2019 | € 119 | £ 113.05 | 

$ 142.80 

Every year, the European Court of Human Rights 

delivers a large number of judgments, adding to its 

already extensive case-law. This makes it difficult for 

people outside the Court to know which cases are the 

most relevant and break new ground for Article 8 issues. 

This book seeks to respond to that need by focusing on 

the most important cases and aims to make the content 

of Article 8 accessible in order to best serve readers’ 

every-day practical legal needs. The cases are selected 

following the Court’s Jurisconsult’s opinion of their 

jurisprudential interest. In addition, the book includes 

a number of other cases that raise issues of general 

interest, establish new principles, or develop or clarify 

the Court’s existing case-law. 

This book is much more detailed than any other Article 

8 case-law book on the market. Court lawyers, judges 

and other practitioners often face situations where a 

reference is needed to a particular type of a case, but 

such reference is nowhere to be found. Most caselaw 

guides on the European Convention on Human 

Rights cover all of the Convention Articles, meaning 

that each Article is not dealt with in a detailed manner. 

The authors of this book aimed to collect all possible 

reference cases together, where all, even the rarer cases, 

can be found, and to make this information available to 

others. The cases are summarised in such a manner that 

the readers’ attention is drawn to the essential points, 

allowing them to focus on the jurisprudential significance 

of a particular case. A clear structure utilising detailed 

headings helps the reader to quickly find the relevant 

case-law. 


Correspondence – A Practical Guide to the Article 8 

Case-Law of the European Court of Human Rights is a 

comprehensive, easy-to-use and up-to-date reference 

book which provides a useful source of information 

for practitioners, theorists and students in the field of 

human rights. 



Human Rights 


European Yearbook on Human Rights 2022 

Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, Gerd Oberleitner (eds.) 

ISBN 9781839702655 

xxx + 802 pp. | paperback 

2022 | € 171 | £ 162.45 | $ 205.20 


The American Convention on Human Rights, 3rd ed. 

Crucial Rights and their Theory and Practice 

Cecilia Medina Quiroga, Valeska David Contreras 

ISBN 9781839702310 

xxx + 468 pp. | paperback 

2022 | € 171 | £ 162.45 | $ 205.20 

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Human rights are at risk. Issues such as the climate crisis, 

ongoing conflicts in Europe and beyond, attacks on 

and the suppression of minorities, rapid technological 

changes, a war on information and the regression of 

democracy and the rule of law, just to name a few, 

challenge and question the effect of human rights. 

The European Yearbook on Human Rights 2022 aims 

to identify and address a variety of the most pressing 

human rights issues in Europe and beyond. 

Renowned scholars, emerging voices and practitioners, 

in a careful selection of chapters, contribute to critical 

and important discussions related to, for example, 

climate change litigation, human rights and artificial 

intelligence and the right to open science. Thereby, 

the Yearbook stimulates necessary discussions, critical 

thinking and further research in the field and thus 

contributes to upholding human rights as guiding 

standards and principles in these tumultuous times. 

With contributions by Lorenzo Acconciamessa, 

Marguerite Arnoux Bellavitis, Emiliya Bratanova 

van Harten, Christian Breitler, Stuart Casey-Maslen, 

Philip Czech, Nasiya Daminova, Elif Erken, Francesca 

Fanucci, Helen Fenwick, Delia Ferri, Francesco Luigi 

Gatta, Valentina Golunova, Lisa Heschl, Elisabeth 

Hoffberger-Pippan, Andrea Huber, Eline Labey, Karin 

Lukas, Adelaide Madera, Alessandro Mantelero, 

Ronagh McQuigg, Rachel Murray, Zoe Nay, Harriet 

Ní Chinnéide, Manfred Nowak, Gerd Oberleitner, 

Ludovica Paseri, Livia Perschy, Paula Rhein-Fischer, 

Jennifer Roberts, Martina Sardo, Imke Steimann, 

Agnieszka Szklanna, Emre Turkut, Léa Urzel, Jasper Van 

Steenbergen and Margaretha Wewerinke-Singh. 

This, now co-authored, third edition contains an 

updated and in-depth analysis of the norms applied 

by the Inter-American Court of Human Rights to deal 

with the most frequent human rights violations that still 

occur in latin america regarding life, humane treatment, 

personal liberty, due process, access to justice, the 

principle of legality and judicial protection. The second 

edition contained a chapter on disappearances; this 

third edition shows the latest evolution on the subject. A 

new chapter examines discrimination, an issue that has 

emerged as a frequent and important concern. 

This edition also reflects the dynamic development of 

the court’s work in recent years, covering more specific 

aspects of the rights examined and topics not previously 

addressed. These include, inter alia, the justiciability 

of social, economic, cultural and environmental rights; 

the recognition of collective rights holders; and state 

responsibility for gender-based torture committed 

by private actors. These advances are the result of 

considerable progress in the democratization and 

embrace of human rights in the countries under the 

court’s jurisdiction. 

Cecilia Medina Quiroga is Professor Emerita at the 

Universities of Chile and Diego Portales, who has 

lectured across the Americas and Europe. She was a 

member and chair of the UN Human Rights Committee 

and former judge and president of the Inter-American 

Court of Human Rights. 

Valeska David Contreras is a legal scholar and 

practitioner who works for the World Bank’s Latin 

America and the Caribbean Unit of the Social Inclusion 

and Sustainability Global Practice and is an affiliated 

researcher at the Human Rights Centre at Ghent 

University. 



Human Rights 


Plurality and Diversity in Law: The Human Rights Paradigm 

Laurence Burgorgue-Larsen (ed.) 

Ius Comparatum 

ISBN 9781839703133 


2023 | € 205 | £ 194.75 | $ 246 


Discrimination in Online Platforms 

A Comparative Law Approach to Design, Intermediation and Data 

Challenges 

Ana Maria Corrêa 

KU Leuven Centre for IT & IP Law Series, vol. 14 

ISBN 9781839702884 


2022 | € 166 | £ 157.70 | $ 199.20 


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Diversity and plurality are widely discussed in the 

contemporary human rights debate, in very different 

contexts. This book provides a better understanding 

of those two concepts, analyzing the legal systems of 

23 countries – across Africa, Asia and Europe – and of 

two regional human rights systems (the European and 

Inter-American Systems). While the concept of ‘diversity’ 

is understood as diversity of identities and the concept 

of ‘plurality’ mainly refers to the plurality of opinions 

and legal systems, it is worth noting that the overall 

comparative analysis highlights two major trends: the 

power of the liberal foundations of legal systems around 

the world on the one hand and the persistence of 

multiple socio-historical constraints on the other hand, 

which present a very complex and diverse landscape. 

With contributions by Rafaa Ben Achour, Michal 

Balcerzak, Stephane Beaulac, Faisal Bhabha, Veronika 

Bilkova, Laurence Burgorgue-Larsen, Lucas Carlos 

Lima, Zoila Combalia, Sergio Garcia Ramirez, Tom 

Gerald Daly, Tat Dung Dang, Alexandra Douga, Elena 

Grasso, Begum Gurcuoglu, Christoph Henkel, Masako 

Kamiya, Anton Kok, Vassiliki Koumpli, Cesar Landa, Eva 

Julia Lohse, Djedjro Francisco Meledje, Lucas Mendes 

Felippe, Bertil Emrah Oder, Alejandra Rodriguez Galan, 

Jaime Rossell, Alioune Sall, Cheryl Saunders, Irene 

Spigno, Catherine Van de Heyning, Van Nhiem Vu and 

Krzysztof Wojtyczek. 

This book focuses on the legal governance of online 

platforms concerning direct and indirect discrimination 

against users in the housing, advertising, and labor 

markets. Through an extensive investigation of 

sources that include private company practices, 

antidiscrimination policies, collective and private 

litigation, court decisions, and public regulation, this 

book illustrates how statutory law and legal precedents 

in the E.U. and the U.S. are only partially equipped to 

address discrimination against statutorily protected 

classes in online platforms. 

In the analysis of the selected sources, the author 

showcases that the main obstacles to the full 

implementation of the equality principle rely on 

online platforms' structural challenges, including their 

aesthetic designs, matching tools, evaluation systems, 

and network effects that ultimately reinforce old biases 

against protected classes. In light of these structural 

challenges, the author concludes that the fight against 

discrimination in online platforms may produce the 

best results when oriented by a model of regulation 

that encourages private businesses to implement 

the principle of transparency, fairness and the active 

cooperation of antidiscrimination bodies. 



Human Rights 


Legal Capacity, Disability and Human Rights 

Michael Bach, Nicolás Espejo-Yaksic (eds.) 

ISBN 9781839703348 


2023 | € 99 | £ 94 | $ 199 

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Fundamental Rights 

Violations by Private 

Actors and the 

Procedure before the 

European Court of 

Human Rights 

A Study of Verticalised 

Cases 

Claire Loven 

Human Rights 

Research Series, vol. 98 

ISBN 9781839702839 


2022 | € 89 | £ 84.55 | 

$ 106.80 

Student price € 50* 


The European 


Rights and its Impact on 

National Private Law 

A Comparative 

Perspective 

Matteo Fornasier, Maria 

Gabriella Stanzione (eds.) 

ISBN 9781839703423 


2023 | € 99 | £ 94.05 | 

$ 118.80 

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Article 12 of the UN Convention on the Rights of 

Persons with Disabilities (UNCPD) recognises the equal 

right to exercise legal capacity without discrimination 

based on disability, and obliges state parties to ensure 

access to the support a person may require in exercising 

it. Since its adoption, there has been a growing body of 

work critically examining laws which restrict or remove 

the exercise of legal capacity based on disability. 

Traditionally, this work has focused on constitutional 

and legal standards regulating the exercise of legal 

capacity. However, reforming legal capacity seems to be 

an all-encompassing enterprise, which requires deeper 

attention to be paid to its historical, social and legal 

foundations, as well as the wide array of institutions that 

it permeates and their internal coherence. 

Legal Capacity, Disability and Human Rights comprises 

chapters by key legal scholars and practitioners in the 

field of legal capacity, disability and human rights from 

the Americas, Europe, Asia, Oceania and Africa. The 

book aims to achieve three main goals to address the 

aforementioned issues. First, to explore the historical 

evolution, theoretical constructs and institutional 

features of legal capacity within comparative legal 

systems and determine the legal and social contours it is 

taking in current legal reforms. In doing so, the chapters 

help to reveal the multiple dimensions and institutional 

arrangements that constitute contemporary “regimes” 

of legal capacity. Second, the chapters examine the 

specific ways in which evolving principles, rights and 

standards derived from disability law and human rights 

are impacting and transforming the law of legal capacity 

and the practice of supporting people to exercise it in 

jurisdictions around the world. These practices include 

legal reform processes and landmark judicial decisions. 

Finally, the book examines emerging and persistent 

legal questions and challenges in conceiving, designing 

and implementing more comprehensive reforms in legal 

capacity regimes, to ensure consistency with the aims of 

Article 12 of the UNCPD. 

Article 34 of the ECHR 

prescribes that individual 

applications must be 

directed against one 

of the Convention 

States. Consequently, 

private actors involved 

in proceedings against 

other private actors 

before domestic 

courts must complain 

about State (in)action 

in their application to 

the ECtHR. Originally 

‘horizontal’ conflicts 

must be ‘verticalised’ 

to be admissible. 

This book offers a 

detailed examination 

of verticalised cases 

coming before the 

Court. The characteristics 

of and the Court’s 

approach to verticalised 

cases are explored by 

means of an in-depth 

analysis of four types of 

verticalised cases (one’s 

surroundings; conflict 

between the right to 

reputation and private 

life and the right to 

freedom of expression; 

family life; and employeremployee). 

It is argued 

that the Court’s current 


cases poses problems 

for private actors, 

Convention States and 

the Court itself. The 

book concludes with 

a proposal for a new 


cases, consisting of a 

redesigned third-party 

intervention procedure. 

Over the last two 

decades, the European 


Rights (ECHR) has come 

to play a major role in a 

large number of private 

law issues. 

The aim of this book is to 

provide a broader view of 

the impact of the ECHR 

on national private law. 

To that end, it begins 

with a comparative 

analysis of the interaction 

between the ECHR and 

Contracting States’ 

domestic laws. 

The chapters forming the 

main part of the book 

explore, also from a 

comparative perspective, 

the influence of the 

ECHR on a wide range 

of fields of private law, 

including family law, data 

protection law, media 

law, copyright law, labour 

law as well as private 

international law and 

procedural law. 

The analysis of cases 

reveals many common 

features, but likewise 

some inconsistencies, 

in the decisions of the 

European Court of 

Human Rights (ECtHR). 

The final part of the book 

focuses on a number 

of overarching issues, 

in particular the role of 

comparative law in the 

reasoning of the ECtHR 

and the contribution 

of the ECHR to the 

European harmonisation 

of private law. What 

becomes apparent from 

the various chapters is 

that the ECHR and the 

case-law of the ECtHR 

are becoming important 

elements of a common 

European private law. 



International Criminal Law 

International Criminal Law < 

Annotated Leading Cases of International Criminal Tribunals 

Annotated Leading Cases of 

International Criminal Tribunals 

provides the reader with the full text 

of the most important decisions, 

including concurring, separate and 

dissenting opinions. Distinguished 

experts in the field of international 

criminal law have commented on 

the most important decisions of the 

ICTY, ICTR, The Special Court for 

Sierra Leone, The Special Panels for 

Serious Crimes in Timor-Leste and 

the ICC. 

The series is useful for students, 

scholars, legal practitioners, judges, 

prosecutors and defence counsel 

who are interested in the various 

legal aspects of the law of the 

ICTY, ICTR and other forms of 

international criminal adjudication. 

It is published under the editorial 

supervision of Professor André 

Klip (Maastricht University, the 

Netherlands) and Professor Steven 

Freeland (University of Western 

Sydney, Australia). 

The series is accompanied 

by a website: www. 

annotatedleadingcases.com, which 

allows you to consult the annotated 

decisions online. 

The online version has two 

subscription offers – online only, 

or online + printed series. Visit the 

website for subscription prices and 

more information. 

Volume 67 

International Criminal 

Tribunal for the former 

Yugoslavia (ICTY) 27 January 

2014 - 30 January 2015 

André Klip, Steven Freeland 

(eds.) 

Annotated Leading Cases, vol. 

67 

ISBN 9781839701856 


2022 | € 215 | £ 204.25 | 

$ 258 

Series price € 172 

This is the sixty-seventh volume in the series 

‘Annotated Leading Cases of International 

Criminal Tribunals’ and contains the most 

important decisions of the International Criminal 

Tribunal for the former Yugoslavia (ICTY) handed 

down in the period 27 January 2014 – 30 January 

2015. It is the twenty-fifth volume in the series 

containing decisions of the ICTY. 

Volume 68 

International Criminal Tribunal 

for the Former Yugoslavia, 1 

February 2015 - 29 June 2016 

André Klip, Steven Freeland (eds.) 

Annotated Leading Cases, vol. 68 

ISBN 9781839701887 


2022 | € 215 | £ 204.25 | 

$ 258 


This is the sixty-eighth volume in the series 

‘Annotated Leading Cases of International 

Criminal Tribunals’ and contains the most 

important decisions of the International Criminal 

Tribunal for the former Yugoslavia (ICTY) handed 

down in the period from 1 February 2015 to 29 

June 2016. 

Annotated Leading Cases of International Criminal Tribunals is a particularly useful 

reference 

Frederik Naert, Military Law and the Law of War Review (2010). 

Volume 65 


Extraordinary Chambers 

in the Courts of 

Cambodia (ECCC) 1 June 

2013 - 31 December 

2018 


(eds.) 

Annotated Leading Cases, 

vol. 65 

ISBN 9781839701382 


2022 | € 215 | £ 204.25 | 

$ 258 


Volume 66 (2 dln) 

Extraordinary Chambers 

in the Courts of 

Cambodia (ECCC) 

November 2018 


(eds.) 

Annotated Leading Cases, 

vol. 66 

ISBN 9781839701849 


2022 | € 215 | £ 204.25 | 

$ 258 


Volume 69 

International Criminal 

Tribunal for the Former 

Yugoslavia / International 

Residual Mechanism for 

Criminal Tribunals 30 June 

2016 - 29 November 2017 


(eds.) 

Annotated Leading Cases, vol. 

69 

ISBN 9781839701108 

748 pp. | paperback 2022 | 

€ 215 | £ 204.25 | $ 258 


The sixty-ninth volume of the Annotated Leading 

Cases of International Criminal Tribunals contains 

the most important decisions taken by the ICTY 

/ IRMCT from 30 June 2016 to 29 November 

2017. It provides the reader with the full text of 

the decisions identical to the original version and 

including concurring, separate and dissenting 

opinions. 

Volume 70 

International Criminal Tribunal 

for the Former Yugoslavia 

/ International Residual 

Mechanism for Criminal 

Tribunals 29 November 2017 - 

20 March 2019 

André Klip, Steven Freeland (eds.) 

Annotated Leading Cases, vol. 70 

ISBN 9781839702754 


2022 | € 215 | £ 204.25 | $ 258 


The seventieth volume of the Annotated Leading 

Cases of International Criminal Tribunals contains 

the most important decisions taken by the ICTY 

/ IRMCT from 29 November 2017 – 20 March 

2019. It provides the reader with the full text of 

the decisions identical to the original version and 

including concurring, separate and dissenting 

opinions. 


ICT Law 

International Economic and Trade Law < 

Artificial Intelligence 

and the Law, 2nd ed. 

Jan De Bruyne, Cedric 

Vanleenhove (eds.) 

KU Leuven Centre for IT & IP 

Law Series 

ISBN 9781839702525 

xxxiv + 668 pp. | hardback 

2023 | € 165 | £ 156.75 | 

$ 198 


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Discrimination in Online 

Platforms 

A Comparative Law 

Approach to Design, 

Intermediation and Data 

Challenges 

Ana Maria Corrêa 

KU Leuven Centre for IT & IP 

Law Series 

ISBN 9781839702884 


2022 | € 166 | £ 157.70 | 

$ 199.20 


Corporate Finance, 

2nd. ed. 

Marc Deloof, Sophie 

Manigart, Hubert Ooghe, 

Cynthia Van Hulle 

ISBN 9781839702112 


2023 | € 119 | £ 113.05 | 

$ 142.80 

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The African Continental 

Free Trade Area and the 

Future of Investor-State 

Dispute Settlement in 

Africa 

Mouhamed Kebe 

ISBN 9781839703140 

xviii + 224 p. | paperback 

2023 | € 99 | £ 94 | $ 119 

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Artificial intelligence (AI) 

is becoming increasingly 

more prevalent in 

our daily social and 

professional lives. 

Although AI systems 

and robots bring many 

benefits, they present 

several challenges as 

well. The autonomous 

and opaque nature of 

AI systems implies that 

their commercialisation 

will affect the legal and 

regulatory framework. In 

this comprehensive book, 

scholars critically examine 

how AI systems may 

impact Belgian law. While 

specific topics of Belgian 

private and public law are 

thoroughly addressed, 

the book also provides 

a general overview of 

a number of regulatory 

and ethical AI evolutions 

and tendencies in 

the European Union. 

Therefore, it is a mustread 

for legal scholars, 

practitioners and 

government officials as 

well as for anyone with an 

interest in law and AI. 

In this second edition 

various chapters have 

been updated to reflect 

recent developments in 

the field. Two chapters 

covering media law and 

competition law have 

also been added. 

This book focuses on 

the legal governance 

of online platforms 

concerning direct and 

indirect discrimination 

against users in the 

housing, advertising, and 

labor markets. 

Through an extensive 

investigation of sources 

that include private 

company practices, 

antidiscrimination 

policies, collective and 

private litigation, court 

decisions, and public 

regulation, this book 

illustrates how statutory 

law and legal precedents 

in the E.U. and the 

U.S. are only partially 

equipped to address 

discrimination against 

statutorily protected 

classes in online 

platforms. 

In the analysis of the 

selected sources, the 

author showcases that 

the main obstacles to 

the full implementation 

of the equality principle 

rely on online platforms’ 

structural challenges, 

including their aesthetic 

designs, matching tools, 

evaluation systems, 

and network effects 

that ultimately reinforce 

old biases against 

protected classes. In 

light of these structural 

challenges, the author 

concludes that the fight 

against discrimination 

in online platforms 

may produce the best 

results when oriented by 

a model of regulation 

that encourages 

private businesses to 

implement the principle 

of transparency, 

fairness and the 

active cooperation of 

antidiscrimination bodies. 

This textbook discusses 

the sources of funding 

and capital structure of 

corporations (excluding 

financial institutions). 

After an introduction 

on the objectives and 

functions of corporate 

finance, the following 

topics are covered: 

investment analysis and 

minimum investment 

return requirement, 

capital structure and 

dividend policy, longand 

medium-term 

financing, working capital 

valuation, international 

financial policy, and other 

specific financial topics. 

- The authors link 

theoretical insight to 

practical cases. 

- Written for financial 

professionals and (post) 

university students. 

With the recent 

introduction of the 

African Continental Free 

Trade Area (AfCFTA), 

the best mechanism for 

investor-state dispute 

settlement in Africa has 

become a key topic 

of discussion on the 

continent. By providing a 

comprehensive overview 

of where dispute 

settlement currently 

stands on the continent, 

as well as a comparative 

analysis of trends across 

the globe, this book 

presents readers with 

a complete guide to 

dispute settlement in 

Africa, allowing them 

to take an informed 

position on what dispute 

settlement under the 

AfCFTA should look like. 

With its historical context 

and comprehensive 

overview of still existing, 

relevant regional bodies 

and processes, this book 

will continue to serve as 

an excellent resource for 

scholars and practitioners 

around the world, 

international investors, 

as well as African-based 

legal practitioners and 

government officials, 

longafter the resolution 

of the issues surrounding 

dispute settlement under 

the AfCFTA Agreement 

have been resolved. 



Legal Theory 

Litigation and Civil Procedure < 

Defragmentation of Law 

Pavel Ondřejek 

ISBN 9781839702907 

xiv + 220 pp. | paperback 

2023 | € 89 | £ 85 | $ 107 

From Formal to Material 

Equality 


and Theory Series, vol. 6 

Stefan Grundmann, Jan 

Thiessen (eds.) 

ISBN 9781839702778 

viii + 148 pp. | paperback 

2023 | € 102 | £ 97 | $ 122 


IJPL 

Editors-in-Chief: Fernando 

Gascón Inchausti (España, 

Madrid), Burkhard Hess 

(Luxembourg, Max-Planck- 

Institute for Procedural 

Law) and Eduardo Oteiza 

(Argentina, La Plata) 

Legal Privilege and 

Transnational Evidence- 

Taking 

René Jansen 

ISBN 9781839702433 

xxxii + 296 pp. | paperback 

2022 | € 125 | £ 118.75 | 

$ 150 

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Fragmentation is 

currently discussed 

mainly in the context of 

international law. This 

book demonstrates 

that the complexity 

of regulations and 

the multiplicity of 

institutions in a nonhierarchical 

order lead to 

fragmentation in national 

legal systems as well 

as in international law. 

However, the aim of the 

book is not merely to 

describe contemporary 

fragmented law, but 

rather to offer arguments 

for strengthening the 

systemic character 

of law. It explores 

methods of prosystemic 

interpretation, 

the principle of 

proportionality, legal 

pluralism, and these 

analyses result in 

the conception of 

normative coherentism. 

This work emphasises 

the importance of 

an approach to law 

that focuses on the 

underlying principles and 

doctrines that form its 

foundations, as well as 

the connections between 

the various elements of 

the legal system. The 

following are described 

as the basic premises of 

normative coherentism: 

the axiological, not 

axiomatic, nature 

of law, complexity 

theory and, finally, 

common foundations of 

simultaneously applicable 

legal systems. The book 

presents a number of 

arguments to strengthen 

the unity of law. 

While equality and suum 

cuique have flourished 

since antiquity, personal 

status has had to wait. 

In conjunction with this, 

no agenda was devised 

for achieving a paradigm 

reaching beyond mere 

formal equality, and 

the material quest for 

equality has come to 

the fore as a concept 

only recently. This book 

enquires into these 

issues in time and in 

theoretical approaches. 

In time, it describes 

how, in relation to the 

indigenous population 

of Latin America, the 

idea of personal equality 

as a legal right was 

conceived, and in the 

French Revolution it 

became a postulate 

and posited law for the 

masses. In the theory of 

philosophical thought, 

the discussion is, first, on 

whether ‘more material 

protection’ cannot 

only be conceived 

for freedom, but also 

for equality, and, 

second, on whether an 

absolute equality right 

exists nowadays? This 

discussion is followed by 

how to integrate equality 

into economics, and how 

for sociology and for 

systems theory, the quest 

for more material, also 

systemic equality may 

even have become the 

absolute focal point. 

The multilingual 

International Journal of 

Procedural Law (IJPL) 

provides an international 

research platform for 

scholars and practitioners 

in the field of procedural 

law, especially in civil 

matters. 

In addition to articles in 

five different languages 

examining current 

developments in 

judicial and alternative 

dispute resolution, the 

IJPL also publishes 

articles devoted to the 

theoretical foundations 

of procedural law. 

Contributions address 

legal issues from 

domestic, transnational 

or international 

perspectives, including 

comparative law and 

conflicts of law aspects. 

Consequently, the IJPL 

is not only of interest 

for scholars but also for 

practitioners in charge of 

cross-border cases. 

Print and online 

subscription 

€ 339.20 / year 

Paper subscription 

€ 302.10 / year 

Online subscription 

€ 315.88 / year 


subscription 

£ 322.05 / year 


£ 287 / year 


£ 300 / year 


subscription 

$ 406.80 / year 


$ 363 / year 


$ 379 / year 

There are various 

methods for taking 

evidence abroad 

during litigation. This 

book examines two 

of these: obtaining 

legal documents from 

a foreign national 

adversarial party during 

the main proceedings; 

and obtaining documents 

with the help of an 

auxiliary court, with 

the aim of introducing 

them as evidence during 

foreign civil proceedings. 

It has a particular 

focus on the situation 

where a party wants 

to inspect information 

that their opponent has 

confidentially shared 

with a foreign (in-house) 

lawyer. 

In such instances, various 

questions arise. May the 

court grant the disclosure 

order based solely on 

the procedural law of its 

state? If so, how should 

the court determine the 

applicable law regarding 

possible legal privilege? 

Will this be in accordance 

with the rules of its own 

state, or should the court 

apply a foreign state’s 

rules instead? 

This book analyses these 

questions in relation to 

the U.S. federal, English, 

French, German and 

Dutch legal systems. It 

concludes by proposing 

a new rule. 



Private International Law 

Bulgarian Private Law at Crossroads 

Private Law Around the World Series 

Radosveta Vassileva 

Publish your way 

with IntersentiaOnline 

ISBN 9781839702051 


2022 | € 68 | £ 64.60 | $ 81.60 


The study of Bulgarian private law may also enrich our 

understanding of the common law-civil law divide. Today, both the 

Bulgarian Supreme Court of Cassation and the Bulgarian Supreme 

Administrative Court may hand down binding decisions and decrees 

on interpretation which do not concern concrete disputes, but 

questions of principle. These lawmaking powers of the Bulgarian 

judge, which are an inherent feature of the Bulgarian legal system, 

but which solidified during communism, challenge the stereotypical 

role attributed to the continental judge 

Radosveta Vassileva 

IntersentiaOnline is our platform that provides instant 

access to quality law content from expert authors from all 

around the globe. 

On IntersentiaOnline you can find: 

- Open access resources 

- Premium content bundles, which will be purchasable on 

a subscription basis. Each bundle contains high-quality, 

hand-picked content that is relevant to a specialised 

subject area or comprises the work of research organisations 

published by Intersentia. 

Content can be published in all traditional publishing 

formats such as monographs, articles, edited collections, 

national reports, model laws, case commentaries, just to 

name a few. 

The platform’s search function and advanced filters will 

help users find exactly what they are looking for – and of 

course all content will be discoverable through popular 

search engines like Google. 

Browse IntersentiaOnline 

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Bulgarian private law has always been at crossroads: it 

has diverse influences from both Western and Eastern 

Europe, and it has seen many turning points as a result 

of Bulgaria’s tumultuous past, including a communist 

regime. This book examines its fascinating and turbulent 

development from the end of the 19th century to the 

present day and highlights its distinctive features from 

a comparative perspective. Its main goal is to foster 

a better understanding of the current messy state of 

Bulgarian private law – particularly the law of obligations 

and property law – and an appreciation for its rich 

heritage. 

Why should a foreign jurist be interested in Bulgarian 

law? Literature in the English language on East 

European laws, especially on Bulgarian law, is scarce. 

Beyond responding to a gap in knowledge, the 

author argues that research into Bulgarian law may 

challenge the traditional taxonomies of comparative 

law, enrich the understanding of the common law–civil 

law divide, showcase the importance of context in 

legal development, and help address the difficulties of 

harmonisation of law in the EU. 

Bulgarian Private Law at Crossroads is written for 

students, academics, and practitioners interested in 

comparative law, as well as for any open-minded jurist 

wishing to discover more about the Bulgarian legal 

culture. 

Radosveta Vassileva is a Visiting Research Fellow 

at Middlesex University (UK). Her research interests 

encompass comparative private and public law, and EU 

law. She holds a PhD in Law from University College 

London (UK), where she also served as a Teaching 

Fellow. She earned a Master’s degree in Economic 

Law from Sciences Po Paris (France), a Master’s degree 

in Global Business Law from Université de Paris 1 

Panthéon-Sorbonne (France), and a Bachelor of Arts in 

International Relations from Tufts University (USA). 

Enterprise Foundation 

Law in a Comparative 

Perspective 

Anne Sanders, Steen 

Thomsen (eds.) 

ISBN 9781839703065 

2023 

See page 21 


Gender and 

Reproduction 



European Family Law, 

volume 54 

ISBN 9781839703126 

2023 

See page 10 

Domestic Violence 

and Parental Child 

Abduction 

Katarina Trimmings, Anatol 

Dutta, Costanza Honorati, 

Mirela Župan (eds.) 

ISBN 9781839702457 

2022 

The EU Regulations on 

Matrimonial Property and 

Property of Registered 

Partnerships 

Lucia Ruggeri, Agne Limante, 

Neža Pogorelcnik Vogrinc 

(eds.) 

ISBN 9781839701993 

2022 



Private International Law Private Law < 

Party Autonomy in EU Private International 

Law 

Choice of Court and Choice of Law in Family Matters 

and Succession 

Jacqueline Gray 

European Family Law Series, vol. 49 

ISBN 9781780689746 


2021 | € 113 | £ 107.35 | $ 135.60 


Boundaries of Information Property 

The Common Core of European Private Law 

Series, vol. 4 

Christine Godt, Geertrui Van Overwalle, Lucie 

Guibault, Deryck Beyleveld (eds.) 

ISBN 9781839702303 


2022 | € 159 | £ 151.05 | $ 190.80 


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This book focuses on the concept of party autonomy 

in cross-border family matters and succession in EU 

private international law. It analyses the choice of court 

and choice of law provisions that has been developed 

within this framework over the past two decades. 

These rules are evaluated and compared in view of the 

underlying values and objectives in the EU context. 

Does the manifestation of these provisions meet the 

EU’s objectives in adopting legislative action? If not, 

what factors prevent them from doing so? Are there any 

gaps that need to be addressed and how might these 

issues be tackled? 

Party Autonomy in EU Private International Law: Choice 

of Court and Choice of Law in Family Matters and 

Succession is valuable to researchers, legal practitioners 

and civil servants with an interest in private international 

law and/or cross-border family- and succession law 

issues. 

Dr Jacqueline Gray obtained her PhD from Utrecht 

University in 2019. As a member of the Utrecht Centre 

for European Research into Family Law (UCERF), she 

also participated in the European Commission-funded 

project ‘Cross-Border Proceedings in Family Law Matters 

before National Courts and CJEU’. Prior to this, she 

worked as a trainee at the European Parliament within 

the Committee on Civil Liberties, Justice and Home 

Affairs (LIBE) and studied at Leiden University and the 

University of Glasgow. 

This book is the result of a long-term comparative 

research project on intellectual property, with topics 

ranging from patents to copyright, examined across 16 

jurisdictions. The country reports unearth the culturally, 

morally and historically imprinted thought patterns 

across Europe which underpin current discussions on the 

appropriation of information and which do not change 

quickly. The research results question the common 

narratives of the distinctiveness of private and public 

law, contracts and property, and morality and the law. 

The focus is on public interests which are pursued when 

assigning information as property. The 14 selected 

cases aim to identify how boundaries of information 

property emerge, the areas of law that are applied and 

the principles that are followed in order to balance 

conflicting interests. The book shows how some national 

discussions appear similar on the surface but subsequent 

domestic policy answers vary greatly. Inversely, in 

pursuing an identical policy, the research shows that 

countries install contrasting legal rules which aim to 

instigate exactly the same behavioural change. 

With a foreword by Sjef van Erp and contributions by 

Christine Godt, Geertrui Van Overwalle, Lucie Guibault, 

Deryck Beyleveld, Mike Adcock, Ramūnas Birštonas, 

Maja Bogataj Jančič, Konstantinos Christodoulou, Teresa 

Franquet Sugrañes, Pablo Garrido Pérez, Christophe 

Geiger, Silvia Gómez Trinidad, Mariona Gual Dalmau, 

Aleksei Kelli, Tomaž Keresteš, Maja Lubarda, Thomas 

Margoni, Jan Mates, Maureen O’Sullivan, Andrea Pradi, 

Martina Repas, Giorgio Resta, Ole-Andreas Rognstad, 

Cristina Roy Pérez, Jens Schovsbo, Agnes Schreiner, 

Simone Schroff, Tobias Schulte in den Bäumen, Simona 

Štrancar, Tomasz Targosz, Elżbieta Traple, and Gabriele 

Venskaityte. 


Social Law Tort Law < 

European Social Security Law, 7th ed. 

Ius Communitatis Series, vol. 6 

Frans Pennings 

ISBN 9781780688169 


2022 | € 126 | £ 119.70 | 

$ 151.20 


A Comparative Law Analysis of No-Fault Comprehensive 

Compensation Funds 

International Best Practice and Contemporary Applications 

Kim Watts 

ISBN 9781839702983 


2023 | € 148 | £ 140.60 | $ 177.60 

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Since 1 May 2010, when Coordination Regulation 

883/2004 came into force, important cases have been 

decided by the Court of Justice. These judgments 

interpreted several provisions of the Regulation and 

clarified the impact that other instruments have had on 

coordination issues. In December 2016, the European 

Commission proposed a radical revision of several of the 

chapters of the Regulation. To date, this proposal has 

not been adopted and the prospects for its adoption 

are bleak. An up-to-date overview of the Regulation 

and the case law is both timely and essential. This book 

delivers on this objective and, in addition, discusses the 

proposed revisions carefully, as well as analyses their 

background and effects. The book also examines the 

main non-discrimination provisions relevant to social 

security and important social policy instruments, such as 

the Open Method of Coordination, the Social Pillar and 

the Charter of Fundamental Rights. 

Frans Pennings is Professor of Labour Law and Social 

Security Law at Utrecht University, the Netherlands. 

This book is a groundbreaking comparative law analysis 

of the world’s largest and most mature compensation 

funds, impacting nearly 22 million people in the four 

jurisdictions of Victoria (Australia), Québec and Manitoba 

(Canada), and New Zealand. These funds operate in a 

way that turns tort law on its head, are financially stable 

and sustainable, and are a true revolution in private 

law. The author analyses and provides solutions for 

the core unresolved problems in the field of no-fault 

compensation and identifies the operational and further 

development principles of the four largest no-fault 

compensation funds within these jurisdictions. 

The similarities and differences between thematically 

equivalent schemes in civil law countries are examined 

and the human rights intersections of large no-fault 

compensation funds are analysed, something which 

has never been undertaken before in both literature 

and practice. Based on qualitative surveys of the four 

funds, the author analyses the funding, quantum of 

compensation and dispute resolution issues. The book 

goes on to identify realistic development goals for the 

existing funds and focuses on the future by identifying 

new applications used by large no-fault compensation 

funds for artificial intelligence and emergency public 

health liability challenges. In particular, this book 

examines the no-fault compensation funds underpinning 

the World Health Organization’s COVAX scheme, which 

was established in early 2021. 

A Comparative Law Analysis of No-Fault Comprehensive 

Compensation Funds provides valuable new insights for 

academics, practitioners, policymakers and students in 

both common law and civil jurisdictions. 



Title index Author index < 

Acquisition of Immovables through Long-Term Use, The ........................14 

African Continental Free Trade Area and the Future of Investor-State 

Dispute Settlement in Africa, The ............................................................37 

American Convention on Human Rights, The...........................................29 

Annotated Leading Cases of International Criminal Tribunals - 

volume 65 ..................................................................................................34 


volume 66 (2 dln) .......................................................................................34 


volume 67 ..................................................................................................35 


volume 68 ..................................................................................................35 


volume 69 ..................................................................................................35 


volume 70 ..................................................................................................35 

Artificial Intelligence and the Law .............................................................36 

Between Sexuality, Gender and Reproduction .............................12, 21, 41 

Boundaries of Information Property ....................................................12, 43 

Bulgarian Private Law at Crossroads .........................................................40 

Children's Rights and Food Marketing ........................................................8 

Child's Right to Participate in Family Law Proceedings, The ......................7 

Civil Enforcement in a Comparative Perspective ......................................12 

Collective Judging in Comparative Perspective .......................................12 

Comparative Administrative Law .................................................................4 

Comparative Concepts of Criminal Law ................................................4, 12 

Comparative Law Analysis of No-Fault Comprehensive Compensation 

Funds, A ..............................................................................................12, 45 

Contract Law in the South Pacific ................................................................5 

Contract Rules (student edition) ..................................................................5 

Coronavirus and the Law in Europe ..........................................................19 

Corporate Finance .................................................................................6, 37 

Corporate Insolvency Law ...........................................................................6 

Cross-Border Recognition of Formalized Same-Sex Relationships .....12, 21 

Culture and Law ........................................................................................11 

Defragmentation of Law ............................................................................38 

Discrimination in Online Platforms ......................................................31, 36 

Domestic Violence and Parental Child Abduction ........................10, 12, 41 

Eastern and Western Perspectives on Surrogacy ................................13, 27 

Elderly Care and Upwards Solidarity .........................................................19 

Enterprise Foundation Law in a Comparative Perspective ........................41 

Environmental Loss and Damage in a Comparative Law Perspective .........5 

EU Private International Law in Family Matters .............................13, 20, 22 

EU Regulations on Matrimonial Property and Property of Registered 

Partnerships, The .......................................................................................41 

European Contract Law and the Creation of Norms .................................19 

European Convention on Human Rights and its Impact on Private Law, 

The ......................................................................................................33, 40 

European Criminal Law................................................................................4 

European Employment Law ........................................................................5 

European Labour Law ............................................................................4, 16 

European Legal Methodology...............................................................5, 19 

European Migration Law .............................................................................5 

European Private International Law and Member State Treaties 

with Third States ........................................................................................19 

European Social Security Law ................................................................5, 44 

European Yearbook on Human Rights 2022 .............................................27 

Exploring Truth Commission Recommendations in a Comparative 

Perspective: Beyond Words Vol. I .............................................................13 

Family Matters ...........................................................................................22 

Financial Management in Practice ...............................................................6 

Freedom of Environmental Information ....................................................15 

From Catholic Outlook to Modern State Regulation ................................24 

From Formal to Material Equality ........................................................38, 44 

Fundamental Rights Violations by Private Actors and the 

Procedure before the European Court of Human Rights ....................33, 40 

Handbook on Legal Methodology ..............................................................5 

Harmonisation of Transactions Avoidance Laws .......................................13 

Health and Human Rights in Europe ...........................................................6 

Human Resource Management: Basics .......................................................6 

IJPL ............................................................................................................39 

Incorporating the UN Convention on the Rights of the 

Child into National Law .............................................................................13 

Informed Choices in Cross-Border Enforcement .......................................17 

International Handbook on Child Participation in Family Law ....................7 

International Survey of Family Law 2022 ...................................................23 

Introduction to South Pacific Law ................................................................6 

Latin American Experiences with Truth Commission 

Recommendations: Beyond Words Vol. II .................................................13 

Law and Economics of Secured Lending, The .........................................14 

Legal Capacity, Disability and Human Rights ......................................13, 32 

Legal Privilege and Transnational Evidence-Taking ............................14, 39 

Materials on European Criminal Law ...........................................................4 

Memories ...................................................................................................14 

Party Autonomy in EU Private International Law .......................................42 

Platform Work in Europe ...........................................................................19 

Plurality and Diversity in Law: Family Forms and Family's 

Functions ...................................................................................9, 14, 25, 29 

Plurality and Diversity in Law: The Human Rights Paradigm ...........9, 14, 30 

Principles of Cross-Border Insolvency Law ..................................................5 

Principle of Strict Legality in Procedural Criminal Law, The ......................39 

Protecting Trans Rights in the Age of Gender Self-Determination ...........19 

Right to a Fair Trial ....................................................................................20 


Correspondence ..................................................................................20, 26 

Rome I and Rome II in Practice .................................................................14 

Surrogacy in Latin America ..................................................................13, 27 

Theory and Practice of the European Convention on Human Rights ..........4 

Towards a New European Impetus Post-Brexit .........................................18 

Aernoudt, R ................................................... 6, 18 

Alofs, E .............................................................. 19 

Andrews, N H ...................................................... 5 

Bach, M........................................................13, 32 

Baruffi, M C ........................................... 13, 20, 20 

Beyleveld, D ................................................ 12, 43 

Boeles, P .............................................................. 5 

Boele-Woelki, K ....................................... 7, 19, 24 

Bork, R ...................................................... 5, 6, 13 

Brems, E ............................................................ 19 

Bruning, M ........................................................... 7 

Burgorgue-Larsen, L ................................ 9, 14, 30 

Byrne, B ............................................................. 13 

Caers, R ............................................................... 6 

Cannoot, P ......................................................... 19 

Carbone, J ......................................................... 23 

Carinci, M .......................................................... 19 

Corrêa, A M ................................................. 31, 36 

Corrin, J ........................................................... 5, 6 

Czech, P ............................................................. 27 

David Contreras, V ............................................ 28 

De Bruyne, J ...................................................... 36 

Deloof, M ...................................................... 6, 37 

Den Heijer, M ...................................................... 5 

Dethloff, N ............................................. 12, 21, 41 

Dorssemont, F ................................................... 19 

Dutta, A ........................................... 10, 12, 19, 41 

Ernst, W..............................................................12 

Espejo-Yaksic, N .................................... 13, 26, 32 

Fenton-Glynn, C .......................................... 13, 26 

Fornasier, M.......................................................33 

Freeland, S .................................................. 34, 35 

Freeman, M ......................................................... 7 

Garcia-Godos, J................................................. 13 

Gascón Inchausti, F............................................39 

Gilmore, S .......................................................... 22 

Godt, C ........................................................ 12, 43 

Gray, J ............................................................... 42 

Grochowski, M ................................................... 19 

Grundmann, S ............................................. 19, 38 

Guibault, L ................................................... 12, 43 

Guinchard, E ...................................................... 14 

Häcke, B.............................................................12 

Harding, M ........................................................ 24 

Hartlev, M ............................................................ 6 

Heaton, J ........................................... 9, 14, 19, 25 

Heikkilä, S .................................................... 20, 26 

Heschl, L.............................................................27 

Helsen, F ............................................................ 14 

Hendriks, A .......................................................... 6 

Hess, B...............................................................39 

Hirvelä, P ........................................................... 20 

Hondius, E ......................................................... 19 

Honorati, C ................................ 10, 12, 13, 20, 41 

Hoops, B ............................................................ 14 

Hulle, V .......................................................... 6, 37 

Jacometti, V ......................................................... 5 

Jansen, R ..................................................... 14, 39 

Jaspers, T ...................................................... 4, 16 

Kaan, T ........................................................ 13, 26 

Kaesling, K ............................................. 12, 21, 41 

Kebe, M..............................................................37 

Keiler, J .......................................................... 4, 12 

Kemelmajer, A ................................... 9, 14, 19, 25 

Kennett, W......................................................... 12 

Kestemont, L ....................................................... 5 

Kilkelly, U ........................................................... 13 

Klip, A ...................................................... 4, 34, 35 

Kruger, T ............................................................ 17 

Limante, A..........................................................41 

Lodder, G ............................................................ 5 

Loven, C ...................................................... 33, 40 

Lukas, K ............................................................. 27 

Lundy, L ............................................................. 13 

Manigart, S .................................................... 6, 37 

Marais, E ............................................................ 14 

Medina Quiroga, C ............................................ 28 

Mendel, J ........................................................... 15 

Mol, C .................................................................. 7 

Moonen, T ......................................................... 19 

Nicolussi, A.........................................................19 

Narokobi, V..........................................................6 

Nowak, M...........................................................27 

Ó Cathaoir, K ................................................... 6, 8 

Oberleitner, G ................................................... 27 

Ondřejek, P ....................................................... 38 

Ooghe, H ....................................................... 6, 37 

Oteiza, E ...........................................................39 

Paterson, D .......................................................... 6 

Pennings, F .......................................... 4, 5, 16, 44 

Peters, S ......................................................... 4, 16 

Pogorelcnik, N....................................................41 

Pozzo, B ............................................................... 5 

Reid, C T ..........................................................15 

Riesenhuber, K .............................................. 5, 19 

Roef, D ........................................................... 4, 12 

Rothmar Herrmann, J .......................................... 6 

Ruggeri, L...........................................................41 

Salvador Coderch, P .......................................... 19 

Sánchez Cordero, J ........................................... 11 

Sanders, A ........................................................41 

Santos Silva, M .................................................. 19 

Schrama, W ................................................... 7, 19 

Seerden, R ........................................................... 4 

Scherpe, J M ..................................... 8, 13, 22, 26 

Schlesinger, R B ................................................. 14 

Sinding Aasen, H..................................................6 

Skaar, E .............................................................. 13 

Stanzione, M G...................................................33 

Taylor, N .............................................................. 7 

Thiessen, J ......................................................... 38 

Thomsen, S.........................................................41 

Toebes, B ............................................................ 6 

Trimmings, K ......................................... 10, 12, 41 

Vaige, L ........................................................ 12, 21 

Van Overwalle, G ............................................... 12 

Van Dijk, P ........................................................... 4 

Van Hoof, F .......................................................... 4 

Van Hulle........................................................6, 37 

Van Overwalle, G ......................................... 12, 43 

Van Rijn, A ........................................................... 4 

Vanleenhove, C ................................................. 36 

Vassileva, R ........................................................ 40 

Veder, M ............................................................ 13 

Von Hein, J ........................................................ 17 

Watts, K ....................................................... 12, 45 

Wilson, F R ......................................................... 23 

Wendehorst, C .................................................. 19 

Whittaker, S ....................................................... 15 

Wiebelhaus-Brahm, E ........................................ 13 

Wouters, K ........................................................... 5 

Wurmnest, W ..................................................... 19 

Zoll, F ................................................................. 19 

Župan, M ............................................... 10, 12, 41 

Zwaak, L ............................................................... 4

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