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Rights and Private Law

Edited by: Donal Nolan, Andrew Robertson

ISBN13: 9781849466561
Published: June 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £49.99
Hardback edition , ISBN13 9781849461429



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There is extensive and detailed academic literature on the legal development of international crimes such as war crimes and crime against humanity.

However, not much attention has been paid to other serious crimes, including narcotics-related offences, human trafficking and money laundering, which do not necessarily amount to international crimes in the traditional sense.

The purpose of this monograph is to fill this gap and offer a critical analysis of developments in the field of transnational organised crime under international law. The book is divided into two parts. Part I is entitled "Norms, Principles, and Concepts." It traces the history of organised crime and explores key concepts and norms relating to the practice from a multi-disciplinary perspective. It then looks at legal obligations imposed upon States as well as non-State actors in relation to transnational organised crime.

Part II illustrates how these norms, principles and obligations are translated and enforced in practice. This will be done through case studies at the level of national law (Thailand, Serbia and the UK), regional law (European Union) and international law (United Nations).

Subjects:
Human Rights and Civil Liberties, Tort Law
Contents:
1. Rights and Private Law Donal Nolan and Andrew Robertson
2. Rights in Private Law Peter Cane
3. Our Most Fundamental Rights Allan Beever
4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law Francois du Bois
5. Rights and Other Things Robert Stevens
6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations TT Arvind
7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries Helge Dedek
8. Rule-Based Rights and Court-Ordered Rights Stephen A Smith
9. Rights and Responsibility in the Law of Torts John CP Goldberg and Benjamin C Zipursky
10. Damages and Rights Andrew Burrows
11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law JW Neyers
12. Rights and the Basis of Tort Law Nicholas J McBride
13. Is the Role of Tort to Repair Wrongful Losses? Gregory C Keating
14. The Edges of Tort Law's Rights Roderick Bagshaw
15. Rights, Pluralism and the Duty of Care Andrew Robertson
16. 'A Tort Against Land': Private Nuisance as a Property Tort Donal Nolan
17. Private Nuisance Law: A Window on Substantive Justice Richard W Wright
18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions Sarah Green
19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach? Erika Chamberlain
20. Unjust Enrichment, Rights and Value Ben McFarlane
21. Rights and Value in Rescission: Some Implications for Unjust Enrichment Elise Bant