Analysis of the impact of the EU Directive on the Recovery and Resolution of Banks and Securities Firms on the legal framework for insolvency management in Europe, offers a pan-European approach, drawing together perspectives from many jurisdictions. Includes discussion of impediments to orderly resolution of financial institutions using specific examples from the global experience since 2008, and how the BRRD addresses these.Provides practical guidance on navigating through the complex problems and challenges raised by cross-border resolution and derivatives.

To find out more please click here.

Giuliano Castellano published in the Oxford Business Law Blog. The blogpost has been written as part of his Impact Project on Secured Transactions Law Reforms and assesses a new norm introduced in Italy through the prism of international legal standards. To read the post click here.

The recent wave of land deals for agribusiness investments has highlighted the widespread demand for greater accountability in the governance of land and investment. Legal frameworks influence opportunities for accountability, and recourse to law has featured prominently in grassroots responses to the land deals. Drawing on comparative socio-legal research in Cameroon, Ghana and Senegal, the report explores how the law enables, or constrains, accountability in investment processes. The report develops a conceptual framework for understanding accountability; assesses how national law in the three countries influences opportunities for accountability; and provides pointers for research and action.

The report is available (free) from the International Institute for Environment and Development, click here.

Focusing on the testamentary motif in Shakespeare’s plays, Gary Watt demonstrates how the shared rhetorical arts of law and theatre employ movement, materials and the affective properties of words to perform will on the social and playhouse stage.

Shakespeare was born into a new age of will, in which individual intent had the potential to overcome dynastic expectation. The 1540 Statute of Wills had liberated testamentary disposition of land and thus marked a turning point from hierarchical feudal tradition to horizontal free trade. Focusing on Shakespeare’s late Elizabethan plays, Gary Watt demonstrates Shakespeare’s appreciation of testamentary tensions and his ability to exploit the inherent drama of performing will.

Drawing on years of experience delivering rhetoric workshops for the Royal Shakespeare Company and as a prize-winning teacher of law, Gary Watt shows that Shakespeare is playful with legal technicality rather than obedient to it. The author demonstrates how Shakespeare transformed lawyers’ manual book rhetoric into powerful drama through a stirring combination of word, metre, movement and physical stage material, producing a mode of performance that was truly testamentary in its power to engage the witnessing public.

Published on the 400^th anniversary of Shakespeare’s last will and testament, this is a major contribution to the growing interdisciplinary field of law and humanities.

Table of Contents

1. ‘Performance is a kind of will or testament’; 2. Handling Tradition: Testament as Trade in Richard II and King John; 3. Worlds of Will in As You Like It and The Merchant of Venice; 4. ‘Shall I descend?’: Rhetorical Stasis and Moving Will in Julius Caesar; 5. ‘His will is not his own’: Hamlet Downcast and the Problem of Performance’; 6. Dust to Dust and Sealing Wax: The Materials of Testamentary Performance

With 'Super Thursday' behind us, the countdown to the referendum of 23^rd June is gaining pace.

In the first of a series of short articles on Europe, Lacuna considers some of the history and record of peace in the EU in What has the EU ever done for us? – Peace. Supporters of the ‘remain’ campaign point to the attainment of peace in Europe as one if its highest ranking achievements. Indeed, war between member states seems unthinkable today. [republished in New Statesman http://www.newstatesman.com/world/2016/05/how-valid-claim-eu-has-delivered-peace-europe]

Turning away from Europe, in Inequality is skin-deep: The Buruli ulcer in Benin photojournalist Ana Palacios gives us a glimpse of the human cost of neglecting this tropical skin disease.

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" 'The death of one man is a tragedy,' Josef Stalin is said to have mused. 'The deaths of a million is a statistic.' A.T. Williams's prize winning debut, A Very British Killing, was a passionately written investigation into the death of a single man – Baha Mousa, an innocent Iraqi hotel receptionist killed by British soldiers in Basra in 2003. This, his second book, is a study in myriad deaths – the Nazi perpetration of genocide – and a prolonged meditation on Stalin's idea that the human mind cannot comprehend mass murder... His theme is the imperfect efforts made by the Allied military authorities... to bring the criminals responsible for these horrors to justice." (Daily Telegraph)

"This is a fine book that does a great job of debunking one of the most enduring myths in history." (History of War)

"Splendid book... Much more than a historical narrative and assessment… This is a superb book which offers no easy answers but invites the reader to join its author on a grim odyssey." (History Today)

"Earnest, unsettling book... Williams is a thoughtful, lucid writer, with a lawyer’s appetite for detail... A Passing Fury is heartfelt, moving and often powerfully written." (Dominic Sandbrook, Sunday Times)

"Haunting, sensitive and thoughtful study." (Nigel Jones, Daily Telegraph)

"Williams has put together an original polemic against our assumptions about these trials, including those at Nuremberg. (David Herman, New Statesman)

"... gripping and original ..." (The Catholic Herald)

"... skilfully reveals a chaotic world in which war crimes investigation teams... were left to do their best in extremely trying circumstances." (Scotland on Sunday)

Jackie Hodgson and Laurène Soubise have a new forthcoming publication in 45 Crime and Justice (ed. Michael Tonry), Sentencing Policies and Practices in Western Countries:Comparative and Cross-National Perspectives, on 'Understanding the Sentencing Process in France'.

French sentencing is characterized by broad judicial discretion and an ethos of individualized justice that is adapted to the rehabilitation of the offender. The current approach aims to prevent recidivism through rehabilitation and so protect the interests of society as well as reintegrating the offender as reformed citizen. In opposition to this approach is that of the political right, characterized by the recent Sarkozy regime, which favors deterrence through harsher penalties, minimum prison sentences and increased incarceration, including after the sentence has been served in the case of offenders considered dangerous. This article looks at the practice as well as the theory of French sentencing and locates the sentencing process (for it is a process, not a single event) within the broader context of French inquisitorially rooted criminal procedure. It argues that the central part played by the prosecutor in criminal cases (including in case disposition through alternative sanctions), her role in recommending a sentence to the court and the court’s invariable decision to follow this suggestion, together with the unitary mature of the French judicial profession, means that despite the broad discretion afforded the sentencing judge, there is a remarkable degree of consistency in the penalties imposed. It examines the range of penalties available and considers the most recent addition put forward by the Consensus Commission and legislated in 2014, the contrainte pénale, suggesting that this is unlikely to have a great impact without the investment of resources in the probation service and a change in the judicial culture which still favors simple sentencing options, including imprisonment, to the array of alternative options now in place.

As part of an on-going collaboration, Henrique and Anastasia have recently published a paper titled ‘Punishment, Justice and Emotions’ for the Oxford Handbooks Online in Criminology and Criminal Justice. The article can be accessed on-line on www.oxfordhandbooks.com or, alternatively, a PDF of the last approved version can be found at Wrap (http://wrap.warwick.ac.uk/77657/). This paper outlines the relationship between emotions and criminal justice and argues that, although punishment has been justified as a rational response to the problem of crime, there are emotional dimensions to its practice and function that relate to broader aspects of social experience.

Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the rites of marriage, as well as the right to marry (or not to marry), and the relationship between them.

To this end, this new interdisciplinary collection brings together scholars from numerous fields, including law, sociology, anthropology, psychology, demography, theology and art and design. Focusing on England and Wales, it explores in depth the specific issues arising from this jurisdiction’s Anglican heritage, demographic development, current laws and social practices.

The book is a critical, genealogical analysis of land questions in the South through an original analysis of the Malawi experience. Through the author’s experience in land reform and subsequent advanced research in the area, the book notes that land reform discourse is dominated by an ethos based on market as value which, in turn, has cemented the ubiquity of a universal, automatic transition from land reform to land law reform in tackling a land question in a country.

A fresh theory on how individuals respond to inequalities occurring within their own communities. This original and insightful study draws on empirical research on the Santal people of Asia, examining power relations within social fields, and the state, to reveal a typology of power practices, and applies these to forced marriage in the West.

Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, States have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate in a variety of writings a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.