Institute of European and Comparative Law

Annual Report

2017-2018

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Director’s Introduction

his is my third report as Director, and I am very pleased to report on a lively, thriving

and successful Institute. In the first year of my Directorship, we were keeping the Institute’s show on the road from the distance of the Old Rectory while major building works were being undertaken in the St Cross Building. During the course of the second year, we moved back into our new premises at the top of the St Cross Building. And now, in the third year, we are fully settled into our new home where it feels we have always belonged.

As always, it is the people within the Institute that make it what it is—not only the core staff working within the Institute, but also other members of the Oxford Law Faculty who are associated with us and engage with us in their research projects; our Visiting Research Fellows, based elsewhere but who maintain links with us and our work; and our many visitors, both established academics and visiting doctoral students who bring their own projects into the Institute to share with us. Until now, the only full-time permanent member of our core staff has been the Administrator; others have been either Faculty members, fulfilling a role in the Institute alongside their other Faculty and/or college duties (the Director and the Deputy Directors, including the Faculty’s Academic Director of Undergraduate Exchange Programmes; and the Director of the Centre for Competition Law and Policy), or those holding fixed-term or part-time posts with us under our collaborations with other Faculties in Europe (Stockholm, Paris I or II, and the Max Planck Institute for Comparative and International Private Law in Hamburg) or to provide teaching in other legal systems for our students on Course 2 (French, German, Italian and Spanish law). This year, however, we were able to create two full-time permanent teaching and research posts, to be attached to Institute. The Erich Brost Lecturership in German Law and European Union Law has been converted from a fixed-term career development post; and a new IECL Lecturership in French Law has been created: these will provide more stable long-term provision for the teaching of German law and French law for Course 2, as well as giving a core team within the Institute for research in the two continental European jurisdictions in which much of the comparative law activity is centred. Appointments were made to both posts with effect from the start of the academic year 2018/19: Dr Jan Zglinski to the Brost Lecturership, and Dr Geneviève Helleringer to the IECL Lecturership (which will be in French Law and Business Law). Our ambitions go beyond these two posts, and the next priority would be an established teaching and research post in Spanish law.

Our new arrivals during the 2017/18 year were Jessica Östberg as the Stockholm Centre Oxford Fellow; Jean-Sébastien Borghetti (University of Paris II Panthéon-Assas) as the Paris Visiting Fellow (Hilary Term); and Carl-Friedrich Thoma and Samuel Fulli-Lemaire as Max Planck Gildesgame Fellows (Michaelmas and Hilary Terms respectively). Claes Granmar was a Stockholm Senior Visiting Fellow for the year, under our agreement with the Stockholm Centre for Commercial Law, which allows a senior member of the Stockholm Faculty to spend a period

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of sabbatical leave in the Institute. Although he had completed his term as DAAD Lecturer in German and EU Law, we were very grateful that Andreas von Goldbeck agreed to continue in the Institute to teach the German law classes for our Course 2 students. One of our Maison Française d’Oxford Visiting Scholars (Agnès Kwiatkowski, preparing her doctorate at the University of Lille) also taught the French law classes during the first half of the academic year.

During the year we had the usual wide range of academic visitors under our Academic Visitor Scheme: this year, they came from Austria, Chile, France, Germany, Italy, the Netherlands, Spain, Turkey, and the United States; and we have an increasing group of visiting doctoral students who apply to spend a short period with us to undertake research for their thesis (this year, they came from France, Finland and Spain). We also have our regular group of researchers (established academics or doctoral students) who come to the Institute under our collaborations with other Faculties in Europe, including the University of Seville and (through our scheme with the Maison Française d’Oxford) universities in France. The visitors all bring a very welcome added dimension to the research life of the Institute, and we have been able to find opportunities for many of our visitors (both established academics and visiting doctoral students) to make presentations of their research at our weekly lunchtime research seminars, so that they can share their research with us, and receive feedback about their presentations.

One novelty for us this year was a review by the Law Faculty. The Faculty has instituted a rolling programme of reviews of its centres and institutes, and this was the first review of our Institute. We welcomed the opportunity that the review provided for us to reflect on our own arrangements, and to obtain ideas and guidance from the Review Panel. The Panel (including two members from outside the University, as well as one from Oxford outside the Law Faculty) spent a day in meetings with different members and groups within the Institute, and produced a report which will be considered in due course by our Management Committee. We are pleased, though, that the overall impression reported by the Panel was a well-run, successful, thriving Institute.

The uncertainty on the horizon, of course, remains Brexit. At present we still cannot comment on the likely impact on us of the UK’s withdrawal from the EU, since we do not know the likely form of withdrawal. There is some potential impact on the funding of our student exchange programme (Course 2), which is at present supported by the Erasmus+ programme, but our view is that, whatever may happen, we must find solutions to enable Course 2, as a flagship programme of the Law Faculty, to continue and, indeed, to grow. Moreover, in other respects, the core operations of the Institute need not change as a result of Brexit. Research into European law, as well as the study of comparative law, should not diminish by reason of the withdrawal of the UK from the EU.

This is my third report—and my last. At the end of the 2017/18 year I complete my three-year term as Director, and I am delighted to be able to hand over the Directorship to Birke Häcker, who (as Professor of Comparative Law) has been one of the Deputy Directors for the last two years, and is therefore already fully engaged in our operation. I am confident that under her leadership, the Institute will continue to grow and to thrive.

Professor John Cartwright Director of the Institute

(until 30 September 2018)

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Staff

Academic Staff

Professor John Cartwright, Professor of the Law of Contract and Director of the Institute

Professor Birke Häcker, Professor of Comparative Law and Deputy Director of the Institute

Professor Jeremias Prassl, Academic Director of Undergraduate Exchange Programmes and Deputy Director of the Institute

Professor Stephen Weatherill, Jacques Delors Professor of European Law and Deputy Director of the Institute

Professor Ulf Bernitz, Research Fellow, co-ordinator of the Oxford-Stockholm Collaboration

Professor Jean-Sébastien Borghetti, Paris Visiting Fellow 2018

Professor Ariel Ezrachi, Slaughter and May Professor of Competition Law, Director of the Centre for Competition Law and Policy (CCLP)

Dr Samuel Fulli-Lemaire, Max Planck Gildesgame Fellow, 2018

Dr Andreas von Goldbeck, Lecturer in German Law

Professor Claes Granmar, Stockholm Senior Visiting Fellow, 2017-18

Dr Geneviève Helleringer, Leverhulme Trust Early Career Fellow and Tutor in French Law

Dr Javier Garcia Oliva, Tutor in Spanish Law

Dr Jessica Östberg, Stockholm Centre Oxford Fellow, 2017-18

Nello Pasquini, Linklaters Teaching Fellow for Italian Law

Dr Carl-Friedrich Thoma, Max Planck Gildesgame Fellow, 2017

Research Fellows

Professor Sanja Bogojevic (Fellow of Lady Margaret Hall)

Professor Mindy Chen-Wishart (Fellow of Merton College and Professor of the Law of Contract)

Professor Matthew Dyson (Fellow of Corpus Christi College)

Professor Luca Enriques (Fellow of Jesus College and Allen & Overy Professor of Corporate Law)

Professor Mark Freedland (Emeritus Professor of Employment Law, St John’s College)

Professor Dorota Leczykiewicz (Fellow of St Peter’s College)

Professor Justine Pila (Fellow of St Catherine’s College)

Professor Simon Whittaker (Fellow of St John’s College and Professor of European Comparative Law)

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Visiting Research Fellows

Professor Hugh Beale (University of Warwick and Visiting Professor in the Oxford Law Faculty)

Professor Anthony Bradley QC (Hon) (Emeritus Professor of Constitutional Law, University of Edinburgh)

Rachel Brandenburger (Hogan Lovells)

Professor Alexandra Braun (Lord President Reid Chair of Law, University of Edinburgh)

Professor Gerhard Dannemann (Professor of English Law, British Economy and Politics, Humboldt University, Berlin)

Professor Eric Descheemaeker (Professor at the University of Melbourne)

Professor Bénédicte Fauvarque-Cosson (Professor of Private Law, Panthéon-Assas University)

Professor Martijn Hesselink (Professor of European Private Law, University of Amsterdam)

Professor Rodrigo Momberg Uribe (Professor of Civil Law, Catholic University of Valparaíso)

Professor Juan Pablo Murga Fernández (Senior Lecturer at the University of Seville)

Conor Quigley QC (Serle Court Chambers)

Professor Wolf-Georg Ringe (University of Hamburg and Visiting Professor in the Oxford Law Faculty)

Professor Katja Ziegler (Sir Robert Jennings Professor of International Law, University of Leicester)

Administrator

Jenny Dix

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Staff Biographies and Activities

Institute Staff

Ulf Bernitz is Co-ordinator of the Stockholm-Oxford Collaboration, and in this capacity he has been a member of the Institute since 2001. He is Professor of European Law at Stockholm University and Visiting Professor of Örebro University.

Publications during the year include:

BOOK

(with A. Kjellgren) Europarättens grunder [The Foundations of European Law] (Wolters Kluwer, 2018)

ARTICLE

‘Preliminary Rulings to the CJEU and the Swedish Judiciary: Current Developments’ in M. Derlén and J. Lindholm (eds.) The Court of Justice of the European Union. Multidisciplinary Perspectives, Swedish Studies in European Law Vol.10 (Hart Publishing, 2018) pp.17-34

John Cartwright, Director of the Institute, is Professor of the Law of Contract at the University of Oxford, and Tutor in Law at Christ Church, Oxford. He is also professeur invité at the Université Panthéon-Assas.

During the year he gave lectures or seminars in Leiden, Luxembourg, Seville, Stockholm, Treviso and Utrecht. His research is principally in English and comparative contract and property law. This year, his publications included:

BOOKS

(with B. Fauvarque-Cosson and S. Whittaker) (eds.) La réécriture du code civil: Le droit français des contrats après la réforme de 2016 (Société de législation comparée, 2018). This is a French translation (with updates) of The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms (volume of conference papers, edited with S. Whittaker, Hart Publishing, 2017)

Formation and Variation of Contracts (2nd edn, Sweet & Maxwell, 2018)

ARTICLE AND BOOK CHAPTER

‘Harmonisation Projects: Lessons from the European Experience?’ / ‘Proyectos de armonización: ¿Lecciones de la experiencia europea?’ (2018) Latin American Legal Studies, vol.2, p.1

‘“Commercial” Contracts: Do they Exist in English Law?’ in L. Carvajal Arenas and A. Toso Milos (eds.) Estudios de Derecho Comercial [Proceedings of the VIII Jornadas Chilenas de Derecho Comercial] (Thomson Reuters, 2018), p.25

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Ariel Ezrachi is Director of the Centre for Competition Law and Policy, within the Institute, Slaughter and May Professor of Competition Law and a Fellow of Pembroke College.

His research focuses on the digital economy, e-commerce, and the limits of competition law. In the area of EU law, noteworthy is his work on the goals and scope of EU competition law which forms part of a public consultation by the EU Consumer organization – BEUC, as well as his work on innovation and competition which forms part of the European Commission DG Research & Innovation review of this area.

During the year he has been invited to give presentations to: the Latvian Competition Council, Web Summit Portugal, Digital Focus Day – Brussels, Zurich University, CRA Brussels event, European Commission – DG research & Innovation, Kings College London, Chicago University, Japan Competition Agency, Max Planck Institute for Innovation and Competition, EUI Florence.

BOOK

EU Competition Law, An Analytical Guide to the Leading Cases (6th Edition, Hart, 2018)

ARTICLES

‘EU Competition Law Goals and the Digital Economy’ (6 June 2018). Available at SSRN: https://ssrn.com/abstract=3191766 or http://dx.doi.org/10.2139/ssrn.3191766

(with M. Stucke) ‘Digitalisation and Its Impact on Innovation - Report Prepared for the European Commission, DG Research & Innovation’ (Available online 2018)

Samuel Fulli-Lemaire was the 2018 Max Planck Gildesgame Fellow.

His main fields of research relate to private international law and comparative law, with an emphasis on the European context. Within that broad area, he has tended to focus on current developments in French law from a comparative perspective, for instance, the recent reform of contract law, as well as debates surrounding a possible reform of the Cour de cassation. (He presented, during an IECL Lunchtime Seminar in February 2018, a paper he is writing on the latter topic.) With regards to family law, his research is less focused on a specific jurisdiction and more on particular institutions, especially marriage and parentage, which he tries to tackle from a comparative perspective.

During his brief time at the IECL, a case note on the Supreme Court’s decision in Patel v. Mirza[2016] UKSC 42, which he finished while in Oxford, was published in the European Review of Private Law (2018) 265-271.

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Andreas von Goldbeck is Lecturer in German Law.

His main research areas are international commercial arbitration, European private law, European Union law, comparative law, private international law and insurance. This year he taught in the BCL/MJur course International Commercial Arbitration as well as the classes in German Law for the second year students on Course 2 (Law with German Law). As part of the International Commercial Arbitration course he co-organized the Distinguished Guest Seminar Series.

ARTICLES

‘L’Indemnisation du Non-respect des Clauses Compromissoires’ (2018) 2 Volume 70 La Revue Internationale de Droit Comparé (RIDC) 1

‘Consumer Arbitrations in the European Union’ (2018) Volume 18 Pepperdine Dispute Resolution 263

Claes Granmar is Associate Professor in European Law at Stockholm University, Faculty of Law and the 2017-18 Stockholm Senior Visiting Fellow. During the academic year, Claes was also member of Lady Margaret Hall Senior Common Room.

In the course of his sabbatical at the IECL, he has primarily been conducting research regarding the new EU law framework for data protection in the context of world-wide electronic commerce (‘e-commerce’). This will be published as ‘Global applicability of the GDPR in context’ in 2019. He participated in the EU Law Discussion Group and held two presentations; one on the territorial scope of the GDPR and EU external trade relations, and one on EU law and investment arbitrations. He organised an interdisciplinary and international workshop on Artificial Intelligence and Fundamental Rights at Stockholm University and participated as keynote speaker and chair of a session at the IP and Media Law Conference at the University of Melbourne. Finally, he has also recorded interviews on Brexit with Stephen Weatherill and Peter Oliver.

BOOKS

(with C. Ramberg et al.) Rättskällorna (Norstedts Juridik AB, 2018)

(with C. Storr and K. Fast) (eds.) Artificial Intelligence and Fundamental Rights (Jure AB, forthcoming 2019)

ARTICLES AND BOOK CHAPTERS

‘Vad legitimerar rättskällorna inom unionsrätten?’ in H. Andersson, A. Bakardjeva-Engelbrecht, U. Bernitz, C. Granmar, B. Lundquist and J. Paju (eds.) Kritiskt tänkande inom unionsrätten (2018)

‘Case C-284/16 Achmea in context’, Oxford Business Law Blog (12 July 2018)

REFERRAL OPINIONS ON LEGISLATIVE BILLS

EU Directive on Whistle Blowers

European Commission budget proposal 2021-2027 COM(2018) 372-375, 382, 390, 471-473

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Proposal for a new framework for market surveillance in Sweden (SOU 2017: 69)

PRESENTATIONS

Organiser and chair of panel on data protection at the annual Conference of the Swedish Network for Studies in European Law, Stockholm (21-22 August 2018)

Organiser and speaker at the interdisciplinary and international Workshop on Artificial Intelligence and Fundamental Rights, Stockholm (15-16 June 2018)

Keynote speaker at the annual conference organised by the Dutch Trade Mark Law Institute (TLI), Nijmegen (13-14 April 2018)

Keynote speaker and chair of panel at the IP and Media Law Conference, University of Melbourne (5-6 April 2018)

Chair of session at the Procurement Law Workshop, Oxford (27 October 2017)

‘Data Protection and EU External Trade Relations’, EU Law Discussion Group, Oxford (16 October 2017)

‘Investment Protection and EU law in the light of Case C-284/16 Achmea’, Oxford (16 May 2018)

Presentation on the concepts of services and establishments in EU law, Swedish Board of Commerce, Stockholm (9 March 2018)

MISCELLANEOUS

Director of Moot Court Competition in Human Rights Law for undergraduate students at law programmes in the Nordic Countries (Praktisk Europaprocess), 9-11 June, Oslo

Birke Häcker holds the statutory Chair in Comparative Law and is a Professorial Fellow of Brasenose College. During 2017-18, she was a Visiting Professor at the Université Paris 1 Panthéon-Sorbonne. Hitherto Deputy Director of the Institute, she succeeds John Cartwright as its Director in October 2018.

Her research focuses on core private law in comparative perspective (especially contract, tort, property/trusts, restitution of unjust enrichment, and succession), often involving a historical angle. She is also interested in the interplay between private law and tax law. At Oxford, she teaches the comparative private law courses for both graduates and undergraduates. In March 2018, she organised (together with Professor Hugh Beale) an author workshop on ‘Comparative Contract Law: Substance, Structure and Context’ which was attended by leading contract law scholars from around Europe and China.

Her other activities and publications during the past year included:

ARTICLES AND BOOK CHAPTERS

‘Fog on the Channel? – Six Comparative Lessons in Unjust(ified) Enrichment’ [2017] Restitution Law Review 61–76

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‘The Impact of Illegality and Immorality on Contract and Restitution from a Civilian Angle’ in S. Green and A. Bogg (eds.) Illegality after Patel v Mirza (Bloomsbury/Hart Publishing, 2018) chapter 15, pp.331–370

‘La troisième jeunesse du Code civil: un regard allemand sur la réforme française du droit des contrats’ in J. Cartwright, B. Fauvarque-Cosson and S. Whittaker (eds.) La Réécriture du Code civil: le droit français des contrats après la réforme de 2016 (Société de législation comparée, Paris, 2018) chapter 17, pp.419–444

PRESENTATIONS

‘“… the Heir, which in the Laws of England is called an Executor ...”: Zum System der Nachlassabwicklung in England’, Third Regensburg Symposium for European Succession Law, University of Regensburg (October 2017)

‘Contract and Conveyance: The Further Repercussions of Different Transfer Systems’, Joint Workshop of the IECL and the Law Faculty of the University of Seville on ‘Contract and Property’ University of Seville (April 2018)

‘“Substance Over Form”—Has the Pendulum Swung Too Far?’, Plenary Address at the ‘Obligations IX’ Conference, Melbourne Law School (July 2018)

‘All Souls College v Codrington (1720)’, ‘Landmark Cases in Succession Law’ Conference, University of Cambridge (September 2018)

‘Fait d’autrui in Comparative Perspective: Liability for the Acts of Others under the Proposed Reform of the French Civil Liability Regime’, IECL Workshop, University of Oxford (September 2018)

Geneviève Helleringer holds a Leverhulme Trust Early Career Fellowship within the Institute, and is a Fellow of St Catherine’s College. She is also an associate law professor at Essec Business School Paris (where she is the director of the Yale-Paris 2 University – Essec summer school in economic analysis of contracts and dispute resolution). In 2018, she was appointed as a fellow of the European Corporate Governance Institute.

Her academic research draws on insights from comparative law, economics, and psychology and focuses on contract, corporate and financial law as well as alternative dispute resolution. Geneviève is in charge of the French Law and Languages and French Law and Methods courses for Course 2 (Law with French Law). She also teaches on the Commercial Negotiation and Mediation, International Commercial Arbitration and Comparative Corporate Law courses for the Law Faculty. Dr Helleringer is one of the founders and editors of the Journal of Financial Regulation, published by Oxford University Press. Since 2018 she is an academic editor of the Oxford Business Law Blog. She oversees the Oxford Empirical Legal Studies Discussion Group.

In 2017-18, her publications and other activities included:

ARTICLES AND BOOK CHAPTER

‘Transfer of Property’ [Les effets réels du contrat. Le charme discret de la continuité] in J. Cartwright, B. Fauvarque-Cosson and S. Whittaker (eds.) La Réécriture du Code civil. Le droit français des contrats après la réforme de 2016 (Société de législation comparée, 2018) pp.217-238

(with M. Gelter) ‘Corporate Opportunities in the US and in the UK: How Differences in Enforcement Explain Differences in Substantive Fiduciary Duties’ in A. Gold (ed.) Research Handbook on Fiduciary Duties (Edward Elgar Publishing, 2018)

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(with M. Gelter) ‘Opportunity Makes the Thief. Corporate Opportunities vs. Private Profits in Comparative Perspective (US, UK, Germany and France)’ (2018) 15 Berkeley Journal of Business Law 1, 92-153

‘Anatomy of the New French Law of Contract’ (2017) 17 European Review of Contract Law 4, 1-21

CASE NOTE

‘Cass. 1re civ., 29 mars 2017 (duty to warn), arrêt n° 441, pourvoi n° 16-13.050, P+B+R+I, M. Bruneau X et autres c/ société BNP Paribas Personal Finance SA et al. Cass. 1re civ., 29 mars 2017, arrêt n° 442, pourvoi n° 15-27.231, P+B+I, M. Philippe X c/ société BNP Paribas Personal Finance SA’ (2017) 174 Banque & Droit 28

BLOG POST

‘Opportunity Makes a Thief: Corporate Opportunities as Legal Transplant and Convergence in Corporate Law’ (3 January 2018) Harvard Law School Forum on Corporate Governance and Financial Regulation, https://corpgov.law.harvard.edu/2018/01/03/opportunity-makes-a-thief-corporate-opportunities-as-legal-transplant-and-convergence-in-corporate-law/

CONFERENCE ORGANISATION AND OTHER EVENTS

‘New Frontiers: Technology, Finance, and Regulation’, Journal of Financial Regulation Annual Conference, Oxford Law Faculty, 29 June 2018

2018 Oxford French Law Moot Competition

PRESENTATIONS

Foundations of Law and Economics, Yale–Paris II workshop, discussant (26-27 June 2018)

‘Loyalty Shares in France’, invited paper to Roundtable on Loyalty Shares, ECGI, Brussels (19 June 2018)

‘Navigating Conflicts of Interests in Retail Investment from Fiduciary Duties to Culture? (US, UK and France), invited paper to Comparative Law and Economics Forum, Amsterdam (14-17 June 2018)

The Personalization of Law, Chicago Law School, Chicago, chair and discussant (27-28 April 2018)

‘Enforcement of International Commercial Settlements’, The New York Convention and EU Law, Christ Church, Oxford (23 March 2018)

‘Entering and Exiting a Contractual Relationship: Form, Contents and Reasons’, invited paper to Experimental Methods in Legal Studies workshop, Columbia Law School (9-10 March 2018)

‘Conflicts of Interests: Compliance and Culture’, invited paper to International Working Group on Corporate Governance of Financial Institutions: Law, Conduct and Culture, Amsterdam (25-26 January 2018)

‘Fiduciary Duties in Continental Europe’, invited paper to Fiduciary Law: Chartering the Field, Harvard Law School (10-11 November, 2017)

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Jessica Östberg was the Stockholm Centre Oxford Fellow in the Institute for 2017-2018, and a Postdoctoral Fellow at Christ Church. She spent the year here under the terms of the agreement with the Stockholm Centre for Commercial Law.

During the year, her research has primarily been focused on a project concerning the purpose of profit maximisation in the Swedish Companies Act and its relation to corporate sustainability. The question she has been investigating is if the regulation in the Swedish Companies Act stipulating that the companies shall maximise profits should be amended in order to promote corporate sustainability to a greater extent. The project includes comparative outlooks to English and German law and it will result in an article, which will be published during 2019. She presented the project and the results at an International Post Doc-conference at the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2018.

Apart from this she finalised an article called ‘Om aktieägares lojalitetsplikt’ [‘The duty of loyalty for shareholders’]. It contains inter alia comparative outlooks to English, German, Danish and Norwegian Law. She also wrote an article called ‘Om framtida aktieägares intresse och SAS-principen i ljuset av NJA 2013 s. 117’ [‘The interests of future shareholders and the principle of ”SAS” in light of NJA 2013 s. 117’].

She attended a conference on Related Party Transactions in Oxford in January 2018 and the Conference for the launch of the Oxford Handbook on Corporate Governance in June 2018. Furthermore, she acted as a speaker at a conference arranged by Styrelseakademin in January 2018 and also arranged and chaired a conference on Liability for Directors and auditors at the Stockholm Centre for Commercial Law in Sweden in May 2018.

ARTICLES

‘Om aktieägares lojalitetsplikt’ (2018) SvJT, häfte 3, 265-303

‘Gräsrotsfinansiering’ (2018) Juridiska Fakulteten, Remiss, SOU 20. (Legislation on Crowd Funding)

‘Om framtida aktieägares intresse och SAS-principen i ljuset av NJA 2013 s. 117’ (forthcoming 2019) Bostadsrättsboken

OTHER ACTIVITIES

Speaker at a conference arranged by Styrelseakademin (the Academy for Directors) regarding directors’ duty of care and oversight (January 2018)

Presentation at the 7th Max Planck Post Doc Conference in Hamburg (April 2018)

Arranged and chaired a conference on Liability for Directors and Auditors at the Stockholm Centre for Commercial Law in Sweden (May 2018)

Participated in a conference on Related Party Transactions in Oxford (January 2018)

Participated in the Conference for the launch of the Oxford Handbook on Corporate Governance (June 2018)

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Jeremias Prassl is Deputy Director of the Institute and a Fellow of Magdalen College. He is the Director of the Undergraduate Law Exchange Programmes.

He has mainly researched in the fields of English and European comparative employment law, with a particular interest in technology, innovation policy, and the future of work. His most recent book, Humans as a Service: The Promise and Perils of Work in the Gig Economy (OUP 2018), explores the promise and perils of work in the gig economy across the world. He has given over 50 lectures in North America, Europe, and Asia over the course of the past year, and his research on innovation policy and labour market regulation is frequently drawn on by governments and international organisations. It has also been relied on by courts, including the UK Supreme Court and the Court of Justice of the European Union, and cited in policy documents, and by news organisations in multiple jurisdictions, including The Financial Times, The Economist, The Guardian, WIRED, The Times, The Irish Times, The American Prospect, BuzzFeed, Salzburger Nachrichten, Wiener Zeitung, De Standaard, and HRmagazine. As of 2018, he is a member of the World Economic Forum’s Global Future Council on the New Social Contract.

Together with Professor Abi Adams of the Oxford Department of Economics, Jeremias also writes on the law and economics of fragmenting labour markets and access to justice. Their work has been recognised by a number of prizes, including the Wedderburn Prize (Modern Law Review), an O2RB Excellence in Impact Award, and an ESRC Outstanding Impact in Public Policy Prize. Their collaboration has led to regular engagement with the European Commission and the UK civil service, especially BEIS, HM Treasury, and HMRC, as well as the No. 10 Policy Unit, for example in the context of the Taylor Review and the Government's subsequent policy response. In the summer of 2017, he organised a day-long conference at the British Academy on Modern Ways of Work, jointly with Professors Abi Adams and Judith Freedman. Outputs also include reports for international organisations such as the ILO and the ETUC, and a number of lectures for other governments and international organisations. Recent examples include:

• ILO High-Level Stakeholder Forum with the Director General, Belgian Vice-PM, and Singaporean Minister for Manpower (Geneva, November 2017)

• Danish Disruption Council – Cabinet and Social Partners (January 2018)

• OECD High-Level Social Policy Forum and Ministerial (Montreal, June 2018)

• Ministerial Roundtable on Digitalisation with the Courts Minister, Lucy Frazer MP (Ministry of Justice, London, June 2018)

BOOK

Humans as a Service (Oxford University Press, 2018, mult repr 2018, Paperback 2019; French Translation: Dalloz, 2019) 199pp

ARTICLES AND BOOK CHAPTERS

(with A. Adams and J. Freedman) ‘Rethinking Legal Taxonomies for the Gig Economy’ (2018) 34 Oxford Review of Economic Policy 475-494

(with A. Lamine) ‘Collective Autonomy for On-Demand Workers? Normative Arguments, Current Practices and Legal Ways Forward’ (2018) 99 Bulletin of Comparative Labour Relations 269-292

(with M. Risak) ‘Working in the Gig Economy – Flexibility Without Security?’ in R. Singer and T. Bazzani (eds.) European Employment Policies: Current Challenges (Berliner Juristische Universitätsschriften – Zivilrecht Band 76, 2017) pp.97–120

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(with M. Risak) ‘Uber, TaskRabbit, and Co.: Platforms as Employers? Rethinking the Labour Law of Crowdwork’ in K. Ahlberg and N. Bruun (eds.) The New Foundations of Labour Law (PL Academic Research, 2017) pp.97-126 [updated reprint of (2016) 37 CLLPJ 619]

(with M. Freedland) 'Chapter 40: Employment' in H. Beale (ed.) Chitty on Contracts – 32nd edition, 2nd Supplement (Sweet & Maxwell, 2017)

(with B. Jones) ‘The Concept of the Employee: The Position in the United Kingdom’ in B. Waa and G. Heerma van Voss (eds.) Restatement of Labour Law in Europe: Volume I (Hart, 2017)

‘The Gig Economy before the Court of Justice: from Digital Service Provision to Work Intermediation’ in Festschrift Thomas Klebe (Bund Verlag, 2018)

(with A. Adams) ‘Vexatious Claims: Access to Justice, Judicial Scrutiny, and the Economics of the Rule of Law’ [2017] MLRForum 009

(with A. Adams) ‘Zero-Hours Work in the United Kingdom’ (2018) ILO Conditions of Work and Employment Series 101

Carl-Friedrich Thoma was Max Planck Gildesgame Fellow at the Institute during Michaelmas term 2017, undertaking research under the terms of our academic exchange with the Max Planck Institute for Comparative and International Private Law, Hamburg.

He conducted research on English Bankruptcy Law as well as Schemes of Arrangement as instruments of preventive restructuring in corporate insolvency. His comparative work on the creditors' participation in insolvency proceedings has been presented in a Lecture at the Academic Counsel of the Max Planck Institute. A comparative article on creditors' influence in preventive restructuring frameworks is in progress.

Stephen Weatherill is Deputy Director of the Institute, Jacques Delors Professor of European Law and Fellow of Somerville College.

His research interests span the wide sweep of the law of the European Union, embracing both constitutional and institutional law and the law of the internal market. He delivers lectures on the undergraduate FHS course and also leads seminars on the taught postgraduate courses on EU law. He supervises several graduate research students working in the field of EU law. He has spent time and energy this year explaining that those who claim that the UK's exit from the EU will promote free trade reveal themselves to be fundamentally ignorant of how free trade operates in the modern world. Free trade across borders does not just happen. Free trade across borders is obstructed by regulatory divergence among states. Free trade across borders is released by multilateral agreements and supporting institutions which address those obstructions: Brexit, a petulant spasm of unilateralism, is the antithesis of free trade. He'd like to think he has persuaded a few people. But he probably hasn't.

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ARTICLES AND BOOK CHAPTER

‘Sources and Origins of EU Sports Law’ in J. Anderson, R. Parrish and B. García (eds.) Research Handbook on EU Sports Law and Policy (Edward Elgar, 2018) Chapter 1, pp.6–23

‘Brexit and Sport – Taking Back Control over Eligibility Rules and Immigration’ (2018) 18 International Sports Law Review 11–17

‘The Principle of Mutual Recognition: It Doesn’t Work, Because it Doesn’t Exist’ (2018) 43 European Law Review 224-233

BLOGPOSTS

‘Can an Article 50 notice of withdrawal from the EU be unilaterally revoked?’, Blogpost on EU Law Analysis, 16 January 2018 [http://eulawanalysis.blogspot.com/2018/01/can-article-50-notice-of-withdrawal.html]

‘What mutual recognition really entails: Analysis of the Prime Minister’s Mansion House Brexit policy speech’, Blogpost on EU Law Analysis, 4 March 2018 [http://eulawanalysis.blogspot.co.uk/2018/03/what-mutual-recognition-really-entails.html]

‘The Brexit White Paper and its subsequent subversion’, Analysis for The UK in a Changing Europe, 25 July 2018 [http://ukandeu.ac.uk/the-brexit-white-paper-and-its-subsequent-subversion/]

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Research Fellows

Sanja Bogojević is Associate Professor, and a Fellow of Lady Margaret Hall.

This academic year she spent mainly focusing on completing a research project on EU public procurement law together with colleagues from Lund University, Sweden. This involved organising a workshop on the topic, which the Institute kindly helped run, as well as editing the contributory chapters as part of a forthcoming manuscript entitled Discretion in EU Public Procurement Law.

BOOK

(with X. Groussot and J. Hettne) (eds.) Discretion in EU Public Procurement Law (Hart Publishing, forthcoming 2019)

BOOK CHAPTERS

‘Mapping Discretionary Space in EU Public Procurement Law: The Case of Environmental Protection as Discretion’ in S. Bogojević, X. Groussot and J. Hettne (eds.) supra

(with X. Groussot and J. Hettne) ‘The Age of Discretion: Understanding the Scope and Limits of Discretion in EU Public Procurement Law’ in S. Bogojević, X. Groussot and J. Hettne (eds.) supra

(with X. Groussot and J. Hettne) ‘Where the Future Lies: A New Age of Proportionality?’ in S. Bogojević, X. Groussot and J. Hettne (eds.) supra

‘Market Mechanisms’ in E. Lees and J. Vinuales (eds.) The Oxford Handbook of Comparative Environmental Law (Oxford University Press, in press)

PRESENTATIONS

‘Justice at a Distance’, keynote speech, Stockholm-Oxford Law Symposium (6-8 September 2018)

‘Identifying and Overcoming Methodological Challenges in Environmental Law’, seminar series on legal research methods, University of Rome (25 June 2018)

‘Svetlana Alexievich’s Chernobyl Prayer’, Fiction and Human Rights Network, Bonavero Institute of Human Rights, Oxford (6 June 2018)

‘Public Procurement Law and Environmental Law at a Crossroad’, TRAPCA Annual Conference, Arusha/Tanzania (23-26 November 2017)

Organised a workshop on ‘Discretion in EU Public Procurement Law’ and presented on ‘Intersections between Environmental Law and EU Public Procurement Law’, Lady Margaret Hall (3 November 2017)

OTHER ACTIVITIES

Co-editor of the Analysis Section for the Journal of Environmental Law

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Mindy Chen-Wishart is Professor of the Law of Contract, and Fellow of Merton College.

She continues to work on an extensive programme of collaboration in Asia to produce a six-book series to be published by Oxford University Press called Studies in the Contract Laws of Asia. Upwards of 200 contributors, commentators, judges and practitioners will be involved. Volume I was published in 2016. Volume II in 2018. Volume III will be published in 2019.

BOOKS

(with A. Loke and S. Vogenauer) (eds.) Studies in the Contract Laws of Asia Vol II: Formation and Parties(Oxford University Press, 2018)

ARTICLE AND BOOK CHAPTER

(with S. Vogenauer and A. Loke) ‘Introduction’ in M. Chen-Wishart, A. Loke and S. Vogenauer (eds.) supra

‘Invalidity of Contract in English and Chinese Law’ in C. Lei and L. Di Matteo (eds.) Perspectives on Chinese Contract Law (Cambridge University Press 2018) p.239

PRESENTATIONS

‘Harmonisation and Asian Contract Law’, staff seminar, National Taiwan University (December 2017)

‘Lessons from Asian Contract Law’, public lecture, University Gadja Mada, Indonesia (2018)

OTHER ACTIVITIES

Cheng Yu Tung Visiting Professor, Hong Kong University

Inaugural Himalaya Chair Professor of Law, National Taiwan University, 2018

Matthew Dyson is an Associate Professor in the Faculty of Law at the University of Oxford, and a Tutorial Fellow at Corpus Christi College, with a comparative and historical interest in the relationship between tort and crime.

His work looks particularly at how and why tort and crime have developed over the last 150 to 200 years across around 10 countries. He teaches criminal law, tort law and Roman law at the moment, and has taught comparative law and EU law, with comparative law a subject to be taught again in the near future. He is particularly engaged in developing more work within the Institute on comparative criminal law. In 2018 he was elected President of the European Society for Comparative Legal History.

BOOK

(ed.) Regulating Risk through Private Law (Intersentia, 2018)

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ARTICLES AND BOOK CHAPTERS

‘Introduction’ in M. Dyson (ed.) supra

(with S. Steel) ‘Risk and English Tort Law’ in M. Dyson (ed.) supra, pp.23-54

‘What does Risk-Reasoning do in Tort Law’ in M. Dyson (ed.) supra, pp.455-512

‘Principals without Distinction’ [2018] Criminal Law Review 293-317

PRESENTATIONS

‘Crime, Breach of Legislative Duties and Fault’, workshop on French Civil Liability in Comparative Perspective, Oxford (September 2018)

‘Dancing on the Borders of Tort and Crime’, Keynote Lecture to Congresso Internacional de Responsabilidade Civil, Fortaleza (September 2018)

‘Tort, Crime and Hybridity’, SLS Annual Conference, London (September 2018)

‘Times a Changin: the Relative Appeal of Formalism and Substance in Tortious Legal Development’, Obligations IX conference, Melbourne (July 2018)

‘Legal Development in the Shadow of Codification’, European Society for Comparative Legal History Biennial Conference (June 2018)

Staff seminar and legal history lecture at Bergen University, Norway (May 2018)

Book Launch for Regulating Risk Through Private Law, kindly supported by IECL, in the Faculty of Law, University of Oxford (February 2018)

‘Legal History: Reflecting the Past and the Present’, Keynote lecture, Lund University, Sweden (November 2017)

Luca Enriques is the Allen & Overy Professor of Corporate Law and a Fellow of Jesus College.

During the past academic year, he has kept his research focus on comparative corporate law and financial regulation. His main research projects are:

A collection of papers on related party transactions, coordinated together with Tobias Tröger (Goethe University), has been delivered to the publisher. After a successful ECGI-sponsored conference in Frankfurt in October, the book (to be published by Cambridge University Press in 2018) will include chapters by Paul Davies (Oxford), Jesse Fried (Harvard) Zohar Goshen (Columbia), Kon Sik Kim (Seoul National University), Curtis Milhaupt (Stanford), Dan Puchniak and Umakanth Varottil (National University of Singapore) and Ed Rock (NYU Law School).

Together with John Armour, Ariel Ezrachi and John Vella, Professor Enriques has successfully bid to write a chapter on the future of corporate, competition and tax law for the British Academy-sponsored The Future of the Corporation Project, which is led by Colin Mayer. The final version of the chapter has been delivered in September 2018 and will be published in the Journal of the British Academy.

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A book, provisionally titled An Introduction to EU Financial Markets Law has been accepted for publication in the Clarendon Series of Oxford University Press.

Together with Gerard Hertig, a short essay on post-crisis reforms of asset management has been finalised and will be published in the Annales des Mines, a French journal founded in 1794, and a short essay (with John Armour), titled ‘Equity Crowdfunding: An Acid Test for Securities Regulation’, is forthcoming in F. Allen et al. (eds.) Capital Market Union and Beyond (MIT Press).

Finally, Professor Enriques has started working on an article on intra-group transactions (together with Sergio Gilotta of the University of Bologna) and on a piece about “network-sensitive” financial regulation (together with Alessandro Romano and Thom Wetzer).

To mark the 20th anniversary of the Centros opinion (case C-212/97 of March 9, 1999), Professor Enriques has taken the lead in organizing an Oxford Business Law Blog conference on regulatory competition in the field of corporate law. Confirmed participants include Jill Fisch (Pennsylvania), Elizabeth Portman (Loyola), Eilis Ferran (Cambridge), Martin Gelter (Fordham) and Carsten Gerner-Beuerle (UCL). The conference will be held in Oxford in March 2019.

ARTICLES AND BOOK CHAPTERS

‘Empty Threats – Why the UK Has Currently No Chance to Become a Tax or Regulatory Haven’ in J. Armour and H. Eidemüller (eds.) Negotiating Brexit (Beck, 2017) pp.85-88

(with M. Gargantini) ‘The Expanding Boundaries of MiFID’s Duty to Act in the Client’s Best Interest: The Italian Case’ (2017) 3 Italian Law Journal 485-510

‘Financial Supervisors and RegTech: Four Roles and Four Challenges’ (2017) Revue Trimestrielle de Droit Financier 53-56

(with J. Armour) ‘The Promise and Perils of Crowdfunding: Between Corporate Finance and Consumer Contracts’ (2018) 81 Modern Law Review 51-84

(with J. Armour) ‘Individual Investors’ Access to Crowdinvesting: Two Regulatory Models’ in D. Cumming and L. Hornuf (eds.) The Economics of Crowdfunding (Palgrave, 2018) pp.255-278

(with J. Armour and M. Bengtzen) ‘Globalization’ in M. Fox, L.R. Goltsen, E.F. Greene, M.S. Patel (eds.) Securities Markets Issues for the 21st Century, e-book, pp.388-480 (http://www.law.columbia.edu/sites/default/files/microsites/capital-markets/securities_market_issues_for_the_21st_century_3.29.2018.pdf)

‘Related Party Transactions’ in J.N. Gordon and G. Ringe (eds.) The Oxford Handbook of Corporate Law and Governance (Oxford University Press, 2018) pp.506-531

(with M. Gatti) ‘Creeping Acquisitions in Europe’ in J. Grant (ed.) European Takeovers: The Art of Acquisition (Global Law and Business, 2018) pp.27-38

PRESENTATIONS

Co-organiser of the conference The Law and Finance of Related Party Transactions, Goethe University Frankfurt (20-21 October 2017)

OECD, Corporate Governance Committee meeting, slides presentation, Paris (2 November 2017)

Conference on Corporate Groups: Facilitation and Control, slides presentation, Commercial Law Centre, Harris Manchester College and National University of Singapore, Conference (11 January 2018)

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Workshop on Unintended Consequences, session facilitator, University of British Columbia and Commercial Law Centre, Harris Manchester College (10 April 2018)

Corporate Law and Corporate Governance Book Launch Conference, speaker, Oxford (11 May 2018)

Capital Markets Union in Europe Book Launch Conference, slides presentation, Harris Manchester College Commercial Law Centre (14 May 2018)

NYU Law School, NYU/ETH/Safe Frankfurt Law & Banking/Finance Conference, paper presentation, New York (14-15 June 2018)

ECGI Roundtable on Loyalty Shares, co-organiser, Brussels (18 June 2018)

International Corporate Governance Network, Focus on Italy Day 2018, session chair, Milan (28 June 2018)

European Law and Economics Association Annual Conference, keynote speaker, Milan (20-22 September 2018)

Mark Freedland is a former Director of the Institute, Emeritus Professor of Employment Law in the University of Oxford, and Emeritus Research Fellow in Law at St John’s College.

His main project of research and writing in recent years has consisted of acting as the General Editor of a new treatise on The Law of the Contract of Employment which was published by OUP in May 2016, for which he led the close co-ordination of a team of twenty eminent contributors, and to which he contributed several chapters. A further stream of research and writing has since developed from that work; in particular he has continued to be engaged in research and writing on ‘zero-hours contracts’ and other forms of casual and precarious work. He is specially interested in the dimension of socio-economic analysis of these increasingly significant types of employment or work relation, and also concerns himself with the relevant aspects of tax and social security law as well as of labour/employment law.

The earlier ‘Migrants at Work’ project has also continued to give rise to a continuing work-stream in the area of intersection between Labour/Employment Law and Migration Law, of which a product has been the book chapter on ‘Regulating informal work at the interface between labour law and migration law’ which is cited below.

Professor Freedland is also engaged, with a team of colleagues, upon a project of research and writing which considers, under the heading of ‘Criminality at Work’, the role of criminal law and penal policy in the regulation of employment relations, a project which has given rise to a stimulating colloquium in June 2018, and which is due to be followed by a symposium book publication by the end of 2019 or early in 2020.

All those three collaborative book projects have involved a significant comparative law element, by means of which Professor Freedland has maintained his commitment to comparative legal studies.

More generally, Professor Freedland takes the view that a continuing crisis, which he has for some time been foreshadowing, in the fields of Labour/Employment Law, Migration Law, and

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Public Law, both in the UK and in Europe more generally, is now entering upon an acute phase. In particular, he is convinced that this underlying crisis has been exacerbated by the result of the UK Referendum on membership of the European Union of June 2016, and he has been engaged since the Summer of 2016 in discussion of and writing about that topic (for example the research paper and the presentations cited below), an activity which he anticipates will continue to occupy quite a lot of his working time during the coming months and years.

RESEARCH PAPER AND BOOK CHAPTER

‘Brexit, the Rule of Law, and the Idea of Sustainable Governance’ (31 January 2018) Oxford Legal Studies Research Paper No. 5/2018. Available at SSRN: https://ssrn.com/abstract=3117471 or http://dx.doi.org/10.2139/ssrn.3117471

‘Regulating Informal Work at the Interface between Labour Law and Migration Law’ in C. Fenwick and V. Van Goethem (eds.) Regulating for Equitable and Job-Rich Growth (Edward Elgar in Association with the ILO, 2017) Chapter 5

PRESENTATIONS

‘Brexit et régression du Royaume-Uni hors de la solidarité avec l’Europe?’, paper presented at a colloquium on ‘Revisiter les solidarités en Europe’, College de France, Paris (June 2018)

‘Constituting Social Democracy and the Challenge of National Isolation’, paper presented at a conference on ‘The Constitution of Social Democracy’, Kings College London (September 2018)

Dorota Leczykiewicz is Associate Professor of Law, and Official Fellow of St Peter’s College.

In 2017-2018 her research focussed on the implications of the binding Charter of Fundamental Rights for EU constitutionalism, the place of private law in the EU’s economic constitution and the changes proposed by the project reforming French civil liability law. With regard to the first topic, she evaluated the ways in which the Charter of Fundamental Rights strengthens the constitutional credentials of the EU by engaging with the key constitutional values of limited government and individual liberty. With regard to the second topic, she examined whether the primary function of EU fundamental rights had been to strengthen state compliance with the established principles of the European economic constitution, or to serve as vehicles of transformation of the content of the European economic constitution by EU courts. With regard to the third topic, she evaluated how successful the proposed French provisions were in codifying the pre-existing case law, relating in particular to the condition of damage and the rules governing its compensation. She also explored the regulation of third-party payers’ right of recourse and questioned the way in which harm is categorised and classified under the proposed French rules.

Professor Leczykiewicz’s teaching broadly relates to the activities of the Institute. She taught FHS EU law tutorials for St Peter’s, Merton, Brasenose and Trinity Colleges and offered three sessions to MJur students on how to succeed in MJur. She also provided Faculty lectures as part of the Constitutionalism in the EU lecture series and EU law revision lectures for finalists. She also taught on a BCL/MJur course - Private Law and Fundamental Rights.

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BOOK CHAPTERS

‘Compensatory Remedies in EU Law: The Relationship Between EU Law and National Law’ in P. Giliker (ed.) Research Handbook on EU Tort Law (Edward Elgar, 2017) pp.63-92

‘The Charter of Fundamental Rights and the EU’s Shallow Constitutionalism’ in N. Barber, M. Cahill and R. Ekins (eds.) The Rise and Fall of the European Constitution (Hart Publishing, forthcoming 2019)

PRESENTATIONS

‘What “Common Good”? Freedom and Equality in EU Private Law before and after the Charter of Fundamental Rights’, Workshop ‘Judges in Utopia. Judicial Law-making in European Private Law’, University of Amsterdam (28-29 September 2017)

‘Effective Compensatory Remedies in EU Law’, workshop ‘Compensation and Deterrence in European Tort Law’, University of Pisa (10 November 2017)

‘The Fitness Check and the Internal Market Benefits of the Unfair Contract Terms Directive’, Second Expert Roundtable on Impact Assessments in EU Contract Law, Somerville College, (24 November 2017)

‘Europeanisation of Private Law and the European Economic Constitution’, conference ‘Economic Constitutionalism: Mapping its Contours in European and Global Governance’, European University Institute, Florence (14-15 June 2018)

‘Full Reparation, Dommage and Préjudice and the Development of Heads of Loss/Damage’, colloquium ‘French Civil Liability in Comparative Perspective’, St John’s College (26-28 September 2018)

‘The Impact of the EU and EU Law on UK Courts’, invited lecture, University of Oxford and California Judges Association, Merton College (28 August 2018)

‘The Charter of Fundamental Rights and the EU’s Shallow Constitutionalism’, invited lecture, Centre for Transnational Legal Studies, King’s College London (30 September 2018)

Justine Pila is Associate Professor in Intellectual Property Law, and Fellow of St Catherine’s College.

Her research activities lie in the field of European and comparative intellectual property law.

Simon Whittaker is Professor of European Comparative Law and Fellow of St John’s College.

He has given lectures, seminars and tutorials for the FHS Comparative Private Law course. His main work relevant to the Institute’s role has been on the French law of obligations, turning from the law of contract to the proposals of reform to the law of “civil liability” (i.e. contractual and extra-contractual liability). In September 2018, he organised (together with Professor Jean-Sébastien Borghetti of the University of Paris II Panthéon-Assas) a colloquium in Oxford (supported partly by the Institute and partly by St John’s College) on this proposed reform. Some 20 papers were presented by scholars from Oxford and other UK Universities, and

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from France, and other continental countries. The papers ranged across a number of topics including the relationship between contractual and extra-contractual liability; the definition of ‘fault’ and the role of liability without fault; the distinction between harm (le dommage) and loss (le préjudice); the introduction of a “civil penalty” (une amende civile) and the relationship between administrative liability and civil liability. The papers will be published in 2019 by Hart Publishing/Bloomsbury as J.-S. Borghetti and S. Whittaker (eds) French Civil Liability in Comparative Perspective in the series Studies in the Institute of European and Comparative Law.

In addition, Professor Whittaker has been working on English contract law, including for his chapters for the new edition of Chitty on Contracts (forthcoming, November 2018).

PRESENTATIONS

‘La réforme du droit de la consommation au Royaume-Uni et « goods contracts »’, paper presented at conference Le Mouvement de Recodification du Droit de la Vente en Europe Contentale, Santiago di Compostela (May 2018)

‘Contractual Purpose’, paper presented at conference at the Villa Vigoni, Como on Causa Contractus (September, 2018)

OTHER ACTIVITIES

Visiting Professor at the University of Paris Panthéon-Assas (Paris II), March 2018

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Visiting Research Fellows

Hugh Beale is Professor at the University of Warwick (Emeritus since 31 August 2018), Visiting Professor at the Oxford Law Faculty and Senior Research Fellow at the Commercial Law Centre at Harris Manchester College.

He continues to work on the various proposals for EU contract law and comparative contract law. With B. Fauvarque-Cosson, J. Rutgers and S. Vogenauer, he is preparing a new edition of Ius Commune Casebooks for the Common Law of Europe: Cases, Materials and Text on Contract Law, which is a combination of European and comparative contract law. He taught a course on European Contract Law at Warwick. He also works on security over personal property, which has a comparative aspect.

BOOKS

Chitty on Contracts, Second Supplement to the 32nd ed. (Sweet & Maxwell, 2017) (483 pp.) (General editor and editor of chapters 3, 6-8 and 26)

(with M Bridge, L Gullifer and E Lomnicka) The Law of Security and Title-based Finance (3rd ed, 2018), lxxxii + 876 pp

ARTICLES AND BOOK CHAPTERS

‘Penalty Clauses in English and Hungarian Law’ in A. Olivér and R. Szuchy (eds.) 60 Studia in Honorem Péter Miskolczi-Bodnar (Károli Gáspár Református Egyetem, 2018) pp.51-58

‘The Role for European Contract Law: Uniformity or Diversity?’ in F. de Elizade (ed.) Uniform Rules for European Contract Law? A Critical Assessment (Hart, 2018) pp.9-34

Current Issues in English Contract Law and Harmonisation (edited by Y.C. Wu; Formosa Law Lecture Series, National Taiwan University, College of Law, 2018) 233pp (including translation into Chinese by J Chen)

PRESENTATIONS

The Netherlands Commercial Court, Amsterdam: Introduction Week: '“European Contract Law” and commercial cases' (October 2017)

Banks, Financial Products & Mis-selling Symposium, National University of Singapore: 'Non-reliance clauses, entire agreement clauses and contractual estoppel' (December 2017)

Financial Markets Law Committee Winter Colloquium, Brexit and Contractual Continuity: 'Brexit and existing financial contracts' (January 2018)

Colloquium, Studies in the Contract Laws of Asia IV: Invalidity: 'Invalidity in the contract laws of Asia: Comparative conclusions' (March 2018)

PhD student seminar: 'Penalty clauses in English law': University of Trento (April 2018)

Round Table Conference: A Fresh Impulse for Research in European Private Law, University of Osnabrück, keynote address (April 2018)

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Eötvös Loránd University, Budapest: "1973-2019: has the UK’s membership of the EU had any lasting impact on either English or continental general contract law? – or, are contract laws converging?" (May 2018)

OTHER ACTIVITIES

Financial Markets Law Committee: chaired Working Group that produced the Report 'The Robustness of Financial Contracts after Brexit'.

Autonomous University of Madrid: selection panel for Intertalentum Postdoctoral awards

Secured Transactions Reform Project (Executive Committee and Steering Group) Hugh Beale is Professor at the University of Warwick, Visiting Professor at the Oxford Law Faculty and Senior Research Fellow at the Commercial Law Centre at Harris Manchester College.

Anthony Bradley is Emeritus Professor of Constitutional Law at the University of Edinburgh. He still attends conferences and seminars, and plays as active a part as he can in the Institute, including meeting visitors who are working in the field of comparative public law, to discuss their research and to assist them to make further links within the Oxford Faculty,

Rachel Brandenburger was appointed a Visiting Research Fellow of the IECL in October 2017 and is also a Visiting Law Fellow at St Hilda’s College. She has created and teaches seminars on “The Global Dimension of Competition Law Enforcement” as part of Professor Ezrachi’s course on competition law for BCL/MJur/MSC in Law & Finance students. She has also recently accepted Professor Ezrachi’s invitation to join the editorial team of the Journal of Antitrust Enforcement.

Her writing and speaking activities in 2017/18 included co-authoring an article “Looking a gift horse in the mouth: heightened scrutiny of foreign direct investment” (Competition Policy International), being the discussant on the panel “Antitrust global issues” at the New York University/American Bar Association Next Generation of Antitrust Scholars Symposium in New York, and moderating a panel “By younger agencies, for younger agencies” involving agency officials from Brazil, Hong Kong and Zambia at the International Competition Network’s Annual Meeting in New Delhi, India.

Rachel is recognized as a leading international antitrust and competition law and policy advisor, having practised for over 30 years in Europe and the USA. She has advised board level executives of major global corporations and the senior leadership of antitrust agencies around the world, including the US Department of Justice where she was Special Advisor, International to the Antitrust Division, based in Washington DC from 2010 to 2013. Before that she was a partner for 21 years in Freshfields Bruckhaus Deringer, based in Brussels and London. Since 2014, she has been a senior advisor and foreign legal consultant to Hogan Lovells US LLP.

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Alexandra Braun holds the Lord President Reid Chair of Law at the University of Edinburgh.

She has broad research interests in comparative law and legal history. Her current research focuses primarily on the fields of succession law and the law of trusts. Professor Braun is also interested in the impact of the transfer of wealth on questions of intergenerational equality and the cultural history of inheritance. Other interests include legal education, the study of the intellectual history of the law, and the development of various forms of legal scholarship and its interaction with, and impact upon, judicial decision-making.

Professor Braun’s research this past academic year has focused primarily on succession law, including a study of the boundaries of succession law as well as a paper exploring developments in the area of forced heirship in Italian law. Professor Braun is in the process of completing a monograph (to be published by OUP) dealing with broken promises of an inheritance. In addition, she has started work on a new research project on the circulation of Scottish legal ideas south of the border and beyond.

Professor Braun is Director of Research and Knowledge Exchange at Edinburgh Law School, and Director of the LLM in Comparative and European Private Law. She is also a Member of the Steering Committee of the Edinburgh Centre for Private Law as well as the new Series Editor of the Edinburgh Studies in Law series published by Edinburgh University Press (https://edinburghuniversitypress.com/series-edinburgh-studies-in-law.html). During the academic year 2017-2018 Professor Braun has taught trusts at undergraduate level as well as two graduate courses on ‘Fundamentals of Comparative Private Law’ and ‘Comparative and International Trust Law’.

BOOK CHAPTERS

‘Exploring the Boundaries of Succession Law’ in A.J.M. Steven, R.G. Anderson and J. MacLeod (eds.) Nothing so Practical as a Good Theory. Festschrift for George L Gretton (Avizandum Publishing Ltd, 2017) pp.294-307

‘The State of the Art of Comparative Research in the Area of Trusts’ in M. Graziadei and L.D. Smith (eds.) Comparative Property Law: Global Perspectives (Edward Elgar Publishing, 2018) pp.121-149 (Paperback)

PRESENTATION

‘The Boundaries of Succession Law’, Conference in Honour of George Gretton, Edinburgh, (1 December 2017)

Gerhard Dannemann is Professor of English Law, British Economy and Politics at the Centre for British Studies, Humboldt University, Berlin.

He leads a research project which aims to evaluate the impact which Francis Mann had on the development of English, German and International Law, based on Mann's voluminous correspondence which was donated to the Humboldt University in 2014. He is co-reporter of the European Law Institute's project "Draft Model Rules on Online Intermediary Platforms". Together with Reiner Schulze (University of

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Münster), he is working on the first English language commentary of the German Civil Code, due to be published in early 2019. He furthermore writes on good academic practice. He teaches English Legal System, British Constitutional Law and Political System, English contract and commercial law, comparative contract law and private international law at Humboldt University.

ARTICLES AND BOOK CHAPTERS

‘The Future of German Unjustified Enrichment Law’ (2017) 25 Restitution Law Review 44-60

‘Crowd-Based Documentation of Plagiarism: The VroniPlag Wiki Experience’ in F. Madita Dobrick, J. Fischer and L.M. Hagen (eds.) Research Ethics in the Digital Age. Ethics for the Social Sciences and Humanities in Times of Mediatization and Digitization (Springer VS, 2018) pp.45-68

(with D. Weber-Wulff and R. Schimmel) ‘Nicht mehr als ein Anfang’ (2018) Deutsche Universitäts-Zeitung05, 11

‘Review of: Kristin Boosfeld, Gewinnausgleich. Vergleichende und systematisierende GEgenüberstellung der französischen, niederländischen und englischen Tradition, Mohr (Siebeck) 2015’ (2018) 82 Rabels Zeitschrift für ausländisches und internationales Privatrecht 203-207

‘Review of: Eva Bagińska, Damages for Violations of Human Rights: A Comparative Study of Domestic Legal Systems, Springer 2016’ (2017) 8 Journal of European Tort Law 372-375

PRESENTATIONS

‘Wie läuft der Brexit - Blockade am Verhandlungstisch?’, Schwarzkopf-Stiftung Junges Europa, Berlin (9 January 2018)

‘Formen und Grenzfälle von Plagiaten’, Symposium der Ombudspersonen für Gute Wissenschaftliche Praxis in Deutschland, Berlin (9 February 2018)

‘Plagiarism’, 12th IGSSE Forum: Science without Borders, Technical University Munich, Raitenhaslach (9 May 2018)

‘Methodenlehre in England’, Max Planck Institute for Comparative and Private International Law, Hamburg (30 June 2018)

‘Draft Model Rules on Online Intermediate Platforms’, European Law Institute Annual Conference, Riga (6 September 2018)

Eric Descheemaeker took up a new position as Professor in the Melbourne Law School in July 2017.

He works on private law, especially non-contractual obligations (tort and unjust enrichment) across the divide between the civilian tradition and the common law, and has a special interest in mixed legal systems. He was based in Oxford from 2001-09, first as a DPhil student and then a Fellow of St Catherine’s College. He will return to Oxford in 2019 as part of the Allan Myers exchange programme with Melbourne. His activities and publications in 2017-18 included:

ARTICLES AND BOOK CHAPTER

‘Rationalising Recovery for Emotional Harm in Tort Law’ (2018) Law Quarterly Review 602-26

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‘The New French Law of Unjustified Enrichment’ (2017) 25 Restitution Law Review 77-103

‘Penser l’ancien droit privé : perspective d’un système non-codifié’ [‘Thinking Historically About Private Law: Perspectives from an Uncodified System’] in N. Laurent-Bonne and X. Prévost (eds.) Penser l’ancien droit privé : Regards croisés sur les méthodes des juristes (Paris, 2017) pp.71-85

‘El nuevo derecho francés del enriquecimiento injustificado’ in P. del Olmo García et al. (eds.) Enriquecimiento injustificado en la encrucijada: Historia, derecho comparado y propuestas de modernización (Cizur Menor, 2017) pp.119-165

Review of ‘David Winterton, Money Awards in Contract Law (Oxford, 2015)’ (2018) 117 Revue trimestrielle de droit civil 519-23

PRESENTATIONS

‘To Think Against Oneself: A Stranger’s Journey Through the Common Law’, inaugural professorial lecture, Melbourne Law School (16 July 2018)

‘Wrong and Harm: Two Models of Tort Law’, staff seminar, University of Tokyo (21 April 2018)

‘The Redress of Emotional Harm from Justinian’s Institutes to the Modern Law’, staff seminar, University of Tokyo (21 April 2018)

“Rationalising Recovery for Emotional Harm”, joint meeting of the Obligations Discussion Group and the Comparative Law Discussion Group, Faculty of Law, University of Oxford (22 February 2018)

Bénédicte Fauvarque-Cosson is Professor of Law at the University Panthéon-Assas, Paris 2. From October 2018 she has been appointed Conseillère d’Etat. She has been Vice-President of the International Academy of Comparative Law and President of Trans Europe Experts.

She publishes in French and in English in the field of European law, comparative law, contract law and private international law. She is the scientific director of Recueil Dalloz and Revue internationale de droit comparé. She has interests in digital law and data protection and recently co-founded 2 degrees at University Panthéon-Assas: a “Diplôme universitaire” for Data Protection Officers (2016), and another, both for professionals and students, on Digital Law and technologies (2017).

BOOKS

(with H. Beale, J. Rutgers, D. Tallon and S. Vogenauer) Cases, Materials and Texts on Contract law, Ius Commune Casebooks on the Common Law of Europe (3rd edition, Hart Publishing, forthcoming)

(with S. Whittaker and J. Cartwright) (eds.) La réécriture du code civil. Le droit français des contrats après la réforme de 2016 (Société de législation comparé, 2018)

(with F. Ancel and J. Gest) (eds.) Aux sources de la réforme du droit des contrats, coll. Essai (Dalloz, 2017) (awarded the prize of Nederlands Tijdschrift voor Burgerlijk Recht 2017 for the best European private law book)

(with T. Clay, F. Renuci and S. Zientara-Logeay) (eds.) Etats généraux de la recherche sur le droit et la justice, actes du colloque (LexisNexis, 2018)

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ARTICLES

‘Regards sur le rayonnement international du droit français’ (2018) l’ena hors les murs 84

(with W. Maxwell) ‘Protection des données personnelles’ (2018) Recueil Dalloz 1033

‘La diffusion de la jurisprudence en Europe : jusqu’où anonymiser les décisions de justice ?’ (2017) JCP,special issue, suppl to n° 9, p.58

(with E. Jouffin) ‘Du Correspondant informatique et libertés (CIL) au Délégué à la protection des données (DPD) : entre continuité et changements’ (2017) Revue Banque et Droit 4

‘Vers un droit civil plus attractif et plus sûr ? Regards sur les réformes du droit des obligations et de la prescription’ (2017) Mélanges en l’honneur de J.-L. Vallens, Lextenso, 30

ACTIVITIES

Chair of the Board of Expertise France (ad interim, July 2017-March 2018)

Co-founder and formerly President of Trans Europe Experts (since 2009), an association of European legal experts, founded in September 2009

Chairman of the working group nominated by Comité Supérieur des programmes of the Ministère de l’Education nationale to elaborate an option “Law” for classes of terminale ( 2018)

Member of the drafting group developing, in collaboration with FAO and IFAD, an instrument on agricultural land investment contracts (since 2016)

Elected foreign member of the ACCADEMIA Nazionale dei Lincei, in the Class of Moral, Historical and Philogical sciences and Law (2018)

Vice President of the International Academy of Comparative Law, from 2006-2018.

Martijn Hesselink is Professor of European Private Law and the Director of the Centre for the Study of European Contract Law at the University of Amsterdam.

His main areas of research are European private law and private law theory.

Rodrigo Momberg is Professor of Private Law at the Catholic University of Valparaíso, Chile, where he teaches courses on contract and consumer law.

His current research areas of research concerns, firstly, the process of harmonization of Latin American contract law; and, secondly, private law aspects of personal data, such as the legal nature of personal data, requirements for its collection, processing and transfer to third parties, liability of providers, and data as a tradeable commodity.

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BOOK

(with Á. Vidal) (eds.) Cumplimiento específico y ejecución forzada del contrato. De lo sustantivo a lo procesal (Ediciones Universitarias de Valparaíso PUCV, 2018)

ARTICLES AND BOOK CHAPTERS

(with C. Pizarro) ‘Las restituciones consecutivas a la nulidad o la resolución en los contratos de bienes muebles’ (2018) Revista Ius et Praxis 24

(with A. Pino) ‘Los contratos de larga duración en la edición 2016 de los Principios Unidroit sobre contraos comerciales internacionales’ (2018) Revista Chilena de Derecho Privado 30

(with S. Vogenauer) ‘The Principles of Latin American Contract Law: Text, Translation, and Introduction’ (2018) 1 Uniform Law Review 23

(with Á. Vidal Olivares) ‘El límite económico al cumplimiento de contrato. Desde la excesiva onerosidad sobrevenida a los costos excesivos del cumplimiento específico’ (2018) 137 Vniversitas 67

‘The Principles of Latin American Contract Law: Nature, Purposes and Projections’ (2018) Latin American Legal Studies, V.2

(with A. Pino and M.E. Morales) ‘Enforcement and Effectiveness of Consumer Law in Chile: A General Overview’ in H. Micklitz and G. Saumier (eds.) Enforcement and Effectiveness of Consumer Law (Springer, Dordrecht, 2018)

RESEARCH FUNDS

Research project “Las cláusulas para el uso y tratamiento de datos personales en la contratación por medios electrónicos. Un análisis desde el derecho de contratos”, funded by the Chilean National Commission of Science and Technology.

PRESENTATIONS

‘La noción de cumplimiento en los PLDC. Entre innovación y tradición’, International Conference La armonización del derecho patrimonial en Latinoamérica, Brescia University, Italy

‘Contratos sobre contenido digital’, seminar, Derecho del Consumidor y Responsabilidad, Universidad Católica del Norte, Chile

‘Uso y tratamiento de datos personales. Un análisis desde el derecho de contratos’, V Congreso Estudiantil de Derecho Civil, Universidad de Chile

‘Los datos personales como contraprestación’, congress, Nuevas perspectivas en derecho contractual, Pontificia Universidad Católica de Valparaíso, Chile

Juan Pablo Murga Fernández is Senior Lecturer of Civil Law at the University of Seville, where he teaches contract law, property law, family and succession law to undergraduate students and different courses on the LLM in Private Law. He is Professor of Comparative Property and Succession Law at Florida International University, in their ‘Summer Study Abroad Programme’.

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He has collaborated with the IECL giving several lectures on property law and tort law in the ‘Introduction to Spanish Law’ course, in collaboration with Professor García Oliva, Spanish Law Tutor at the Institute. His research concerns contract law, property law, comparative succession law and data protection. He is currently working on a monograph focused on the payment of debts in succession law from a European comparative perspective. He is an Editor of different Spanish and Italian law journals: the Boletín del Colegio de Registradores, Crónica Jurídica Hispalense and Revista Internacional de Derecho del Turismo, Il diritto della famiglia e delle succesioni in Europa. He is responsible at the University of Seville for the European Research Project “H2020 Training Activities to Implement the Data Protection Reform (TATODPR)”. He is also a member of two important research projects financed by the Spanish Ministry of Economy and Competitiveness, which focus on the analysis of the real estate market and the economic crisis.

In 2018 Professor Murga Fernández was awarded a “LFUI – Guest Professorship 2019” at the University of Innsbruck (Austria), where he will be teaching a course of comparative property law and introduction to private Spanish law. During 2017-18 he co-organized different workshops and seminars regarding comparative property and contract law as the current Deputy Director of the Private Chairs in Notarial and Land Registry law financed by the Spanish Registrar’s Association and Spanish Notary’s Association.

During this year, Professor Murga Fernández’s publications and other activities included:

BOOKS

(with M. Espejo Lerdo de Tejada, F. Capilla Roncero and F.J. Aranguren Urriza) (eds.) Derecho digital: retos y cuestiones actuales (Aranzadi Thomson-Reuters, 2018)

(M. Espejo Lerdo de Tejada and M.A. Fernández Scagliusi) (eds.) Protección de Datos, Responsabilidad Activa y Técnicas de Garantía. Curso de Delegado de Protección De Datos (Reus, 2018 in press-)

(M. Espejo Lerdo de Tejada, F. Capilla Roncero, F.J. Aranguren Urriza and C. Hornero Méndez) (eds) Presente y futuro del Derecho de sucesiones: las legítimas y la libertad de testar (Aranzadi Thomson-Reuters, 2019 in press)

ARTICLES AND BOOK CHAPTERS

‘El sistema arbitral de consumo en España: aspectos civiles y administrativos’ (2017) 4 Quaderni di Conciliazione 117-168

‘La protección de datos y los motores de búsqueda en internet: cuestiones actuales y perspectivas de futuro acerca del derecho al olvido’ (2017) 4 Revista de Derecho Civil 181-209

‘Payment of descendants’ debts in succession law: “effects” and “defects” of the German and Spanish legal systems’ (2018) 2 Zeitschrift für europäisches Privatrecht 359-381

‘La costumbre’ in M. Espejo Lerdo de Tejada and M. Rivera Fernández (eds.) Lecciones de Derecho Privado, Tomo I, Volumen I (Teoría de la norma jurídica. Introducción al Derecho Civil) (Tecnos, 2017) pp.45-61

‘Los principios generales del Derecho’ in M. Espejo Lerdo de Tejada and M. Rivera Fernández (eds.) Lecciones de Derecho Privado, Tomo I, Volumen I (Teoría de la norma jurídica. Introducción al Derecho Civil) (Tecnos, 2017) pp.63-73

‘La eficacia espacial y temporal de las normas jurídicas’ in M. Espejo Lerdo de Tejada and M. Rivera Fernández (eds.) Lecciones de Derecho Privado, Tomo I, Volumen I (Teoría de la norma jurídica. Introducción al Derecho Civil) (Tecnos, 2017) pp.191-205

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‘La relación jurídica’ in M. Espejo Lerdo de Tejada and M. Rivera Fernández (eds.) Lecciones de Derecho Privado, Tomo I, Volumen (Relación Jurídica. Derecho subjetivo. Representación. Negocio jurídico) (Tecnos, 2017) pp.11-18

‘La difícil relación entre los motores de búsqueda en internet y el derecho al olvido’ in F. Capilla Roncero, M. Espejo Lerdo de Tejada, F. Aranguren Urriza and J.P. Murga Fernández. (eds.) supra, pp.221-239

‘La constitución de las viviendas de fin turístico: aspectos civiles y administrativos’ in G. Cerdeira Bravo de Mansilla and M. García Mayo (eds.) Viviendas de uso turístico: régimen civil, administrativo y fiscal(Reus, 2018) pp.55-98

‘Derechos de los individuos’ in J. P. Murga Fernández, M. Espejo Lerdo de Tejada and M.A. Fernández Scagliusi (eds.) supra

‘Normativas sectoriales afectadas por la protección de datos’ in J.P. Murga Fernández, M. Espejo Lerdo de Tejada and M.A. Fernández Scagliusi (eds) supra

PRESENTATIONS

‘Los derechos de la personalidad y los buscadores universales de Internet: cuestiones controvertidas en la jurisprudencia reciente del Tribunal Supremo’, I Jornadas Internacionales NotarTic de Derecho Digital, Universidad de Sevilla (November 2017)

‘Il trasferimento familiare della ricchezza secondo il diritto successorio spagnolo’, Convegno Internazionale Prospettive attuali del diritto ereditario in Austria e Spagna, Università di Padova (January 2017)

‘Confusione e separazione dei patrimoni nel diritto delle successioni: la protezione dei creditori da una prosettiva comparata’, Dottorato di ricerca in Scienze Giuridiche della Scuola di Giurisprudenza, Università degli Studi di Bologna (January 2017)

‘Good faith in contract law: a general overview of the Spanish legal system’, School of Law, University of Manchester (March 2017)

‘L’amministrazione del patrimonio ereditario: profili digitali in una visione comparatistica tra Italia e Spagna’, PhD in Humanities and Technologies. An integrated research path, University Suor Orsola Benincasa Naples (January 2018)

‘Spanish and English Contract Law: Differences and Similarities’, University of Manchester (March 2018)

‘A Non domino Acquisitions and Protection of Third Party Purchasers in Good Faith in the Spanish Legal System’, Comparative Law Workshop: Contract and Property, organized by the Law Faculty of the University of Seville and the Institute of European and Comparative Law, University of Oxford (April 2018)

Conor Quigley is in practice at Serle Court, specialising in European and Competition Law.

This year he a wrote a chapter in C. Butts and J.L. Buendía Sierra (eds.) Milestones in State Aid Case Law (Lexxion) on the important CJEU judgment in European Commission v World Duty Free Group SA, Banco Santander SA and Santusa Holding SL (2016).

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He also spoke at conferences in Trier (state aid), Beijing (global anti-trust law developments) and Hong Kong (international effects of Brexit; Hong Kong competition law and international arbitration).

Georg Ringe is Director of the Institute of Law and Economics at the University of Hamburg. At Oxford, he is a Visiting Professor at the Law Faculty and an associate member of the Oxford Man Institute of Qualitative Finance.

His research continues to lie in the general area of comparative and European business law – with a special interest in the regulation of financial markets, corporate law, capital markets, and insolvency law. In 2017, he was elected Research Member with the European Corporate Governance Institute, Brussels. In 2018, he was appointed Fellow Academic Member at the European Banking Institute, Frankfurt. In Hamburg, he teaches courses such as EU Financial Regulation and Corporate Law & Economics. In Oxford, he teaches on BCL/MJur and MLF courses including Comparative Corporate Law and Corporate Insolvency Law. During this year his publications and other activities included:

BOOK

(with J.N. Gordon) (eds.) The Oxford Handbook of Corporate Law and Governance (Oxford University Press, 2018): online version available at http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780198743682.001.0001/oxfordhb-9780198743682

ARTICLES AND BOOK CHAPTERS

‘Bank Bail-In between Liquidity and Solvency’ (2018) 92 American Bankruptcy Law Journal 299-334

‘The Irrelevance of Brexit for the European Financial Market’ (2018) 19 European Business Organization Law Review (EBOR) 1-34

‘Shareholder Activism: a Renaissance’ in J.N. Gordon and W-G Ringe (eds.) supra, 387-424

WORKING PAPER

(with C. Ruof) ‘A Regulatory Sandbox for Robo Advice’, EBI Working Paper No 26/2018, available at https://ssrn.com/abstract=3188828

BLOG POSTS

(with C. Ruof) ‘A Regulatory Sandbox for Robo Advice’, 24 July 2018, Oxford Business Law Blog, https://www.law.ox.ac.uk/business-law-blog/blog/2018/07/regulatory-sandbox-robo-advice

‘Bankruptcy Forum Shopping in Europe’, 15 May 2018, Harvard Law School Bankruptcy Roundtable, https://blogs.harvard.edu/bankruptcyroundtable/2018/05/15/bankruptcy-forum-shoppping-in-europe/

PRESENTATIONS

‘A Regulatory Sandbox for Robo Advice’, European Association of Law & Economics conference, University of Milano-Biccoca (2018)

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‘Capital Markets Union Revisited: Reinforcing the Eurozone’, ECPR General Conference, University of Hamburg (2018)

Host, ‘New Frontiers: Technology, Finance, and Regulation’, Journal of Financial Regulation Annual Conference, University of Oxford (2018)

Panellist, ‘Financial Regulation since the Crisis: One Step Ahead, Two Backwards’, IFF conference on 10 Years after the Financial Crisis, Hamburg (2018)

‘Private Risk-Sharing for a Stronger Eurozone’, New Frontiers in Law and Economics Lecture Series, Bucerius Law School (2018)

Discussant on Carlos Riquelme Ruz, ‘Sovereign Debt Restructuring: A law and economics analysis’ EDLE conference (2018)

‘Strengthening the European Monetary Union’, Tulane Law/Murphy Financial Law Roundtable, Tulane Law School, New Orleans (2018)

Panellist, ‘Integration of European Capital Markets’, AFME Post Trade Conference, London (2018)

Host, ‘Oxford Handbook of Corporate Law & Governance Launch Conference’, Saïd Business School, University of Oxford (2018)

Panellist on Economic and Monetary Union, ‘Eurozone and European capital markets’, DAAD Alumni Seminar, Brussels (2018)

Panellist on Brexit, DAAD Alumni Seminar, Brussels (2018)

‘Strengthening the Eurozone through the Market’, Distinguished Lecture, University of Vienna (2018)

‘Bank Bail-in between Liquidity and Solvency’, Law & Economics Seminar, University of Vienna (2018)

‘The Irrelevance of Brexit for European Financial Markets’, EBI Global Annual Conference on Banking Regulation, Frankfurt (2018)

‘Brexit, EU Capital Markets, and the Future of the Euro’, Copenhagen Business School (2018)

‘The Political Economy of Capital Markets Union’, Capital Market Union and Beyond Volume Conference, Brevan Howard Centre for Financial Analysis & Imperial College Business School, London (2018)

‘Challenges and Regulatory Solutions in the Field of Financial Services and Banking Supervision’, Joint Conference of EURO-CEFG, MaCCI and the University of Mannheim ‘Trade Relations after Brexit: Impetus for the Negotiation Process’, Zentrum für Europäische Wirtschaftsforschung (ZEW), Mannheim (2018)

‘A Regulatory Sandbox for Robo Advice’, Oxford Business Law Workshop (2017)

‘Brexit, EU Capital Markets, and the Future of the Euro’, Inaugural Lecture, University of Hamburg Panellist, ‘Brexit – a new legal playing field for business and finance’, Swedish Lawyers Association Meeting, Stockholm (2017)

‘Bail-In between Liquidity and Solvency’, Seminar on Bank Resolution, University of Oslo (2017)

Discussant on Paul Davies, Conference on The Law and Finance of Related Party Transactions, Goethe University Frankfurt (2017)

Host, Enel Corporate Governance Guidelines Workshop, University of Hamburg (2017)

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Katja Ziegler is Sir Robert Jennings Professor of International Law at the University of Leicester and Director of the Centre of European Law and Internationalisation (CELI).

She teaches and researches in the areas of public international, human rights, EU law and comparative constitutional law. Her research concerns the constitutionalisation and intersection of legal orders in an international, European and comparative law context, in particular by human rights and in the context of EU law and international law; and limits on executive power to resort to military force from a comparative constitutional and international law perspective.

ARTICLES AND BOOK CHAPTERS

‘Autonomy: From Myth to Reality – or Hubris on a Tightrope? EU Law, Human Rights and International Law’ in S. Douglas-Scott and N. Hatzis (eds.) Research Handbook on EU Human Rights Law (Edward Elgar, 2017) Chapter 12, pp.267-307

‘Immunity v Human Rights: The Right to a Remedy after Benkharbouche’ (2017) 17 Human Rights Law Review 127-151

‘AWACS I’ in R. Grote, R. Wolfrum and F. Lachenmann (eds.) Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL) forthcoming.

‘The Use of Military Force by the United Kingdom: The Evolution of Accountability’ in C.A Bradley (ed.) Comparative Foreign Relations Law (Oxford University Press, forthcoming) chapter 43

PRESENTATIONS

‘Framing General Principles’, ‘Human Rights and General Principles: the EU Charter of Fundamental Rights and Beyond’, ‘Autonomy – a New General Principle?’, papers presented at the Conference on Constructing Legal Orders in Europe: The General Principles of EU Law, Centre of European Law and Internationalisation, Leicester (June 2018)

‘War and the Rule of Law’, Conference on The Public Uses of Coercion and Force: From Constitutionalism to War, Free University of Amsterdam (UvA Programme Group ‘Challenges to Democratic Representation’, and the Amsterdam Centre for Political Thought) (February 2018)

‘Democratic Legitimation of the Use of Military Force and Judicial Accountability in the United Kingdom’, Conference on Comparative Foreign Relations Law, Duke University, at University of Pretoria, South Africa (October 2017)

OTHER ACTIVITIES

Convenor of a two-day Conference Constructing Legal Orders in Europe: The General Principles of EU Law, at the Centre of European Law and Internationalisation (CELI), University of Leicester (June 2018), funded by Jean Monnet Actions (Project) and the British Academy

Convened, the “Brexit Forum”, a monthly public seminar series at the Centre of European Law and Internationalisation (CELI), University of Leicester

Online commentary: ‘EU Bill: ‘Supermaxing’ EU Law and Reducing Fundamental Rights Protections’, published by The UK in a Changing Europe (together with Cristina Saenz Perez) http://ukandeu.ac.uk/eu-bill-supermaxing-eu-law-and-reducing-fundamental-rights-protections/

Discussant, Book launch: Parliament's Secret War, Centre for Public Law, Cambridge (May 2018)

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Visitors to the Institute

n addition to researchers who come to the Institute from partner institutions under the terms of our international institutional links, we host independent researchers under the terms of

our Academic Visitor programme: both established academics and doctoral students. Our visitors play a major part in the life of the Institute during their visit, and many of them give one of our weekly lunchtime seminars to explain their research to the benefit of Institute members and the wider Faculty and graduate students (and to give the visitors an opportunity to receive feedback on their work).

The Institute hosted the following academic visitors in 2017-2018:

Visiting Academics

Dr Elbert de Jong, Utrecht University

Judge-made risk regulation: redressing government failures in the context of health and environmental risks?’

Dr Thijs Beumers, University of Leiden

The protection of non-pecuniary contractual interests within the law of damages

Professor Spencer Weber Waller, Chicago Loyola Law School

Comparative competition and economic law

Professor Kubra Dogan Yenisey, Istanbul Bilgi University

Irregular migrant workers at the intersection of migration and labour law

Dr Kristin Boosfeld, University of Münster

Developments of the medieval ‘theory of statuta’

Professor Barbara Marchetti, University of Trento

Core, boundaries and trends in administrative law

Professor Jean-Sylvestre Bergé, University of Lyon

Full movement beyond control and the law – from a phenomenological to an epistemological approach

Dr Juan Pablo Murga, University of Seville

‘Mistake’ and complex financial contracts: a comparative perspective of the Spanish and English legal systems

Dr María Ángeles Fernández Scagluisi, University of Seville

Protection of property by the Protocol Number 1 to the Convention for the Protection of Human Rights and Fundamental Freedom and its application by the European Court of Human Rights in Spain and the UK

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Professor Guillermo Caballero, University of Chile

Commercial law codification in the 21st century: the French law and common law approach to the issue of unification of the law of obligations

Professor Sabrina Lanni, University of Milan

Regulations and best practices in sustainable food production and consumption in the harmonisation of European and Latin American consumer law

Professor Jorgé Noval, University of Navarra

The impulse of shareholder activism through new technologies

Professor Isabel Ribes Moreno, University of Cadiz

The impact of the gig economy on labour law: workers or self-employed?

Dr Viktoria Robertson, University of Graz

New conglomerates in the digital age – calling for old antitrust scrutiny?

Dr Joaquin Garrido Martin, University of Seville

German heutiges römisches Recht of the 19th century: its influence abroad and its projection to the present with special reference to the comparative study of succession law

Professor Elena Carrillo, University of León

Duration and relational (explicit) contracts and commercial law. Examples from the financial sector contracts

Dr Paul Verbruggen, University of Tilburg

The constitutionalisation of private regulation: understanding the role of private law

Maison Française d’Oxford Visiting Graduate Students

Agnes Kwiatkowski, University of Lille

The contract’s patrimonial dimension

Barbara Drevet, University of Bordeaux

Grounds for excluding criminal responsibility in international criminal law

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Visiting Graduate Students

Kaisa Huhta, University of Eastern Finland

The legal treatment of capacity mechanisms under EU law

Marie Padilla, University of Bordeaux

The ‘public law category’ and globalization: a French view on the English doctrine

Monica Garcia Goldar, University of Santiago de Compostela

Succession law

Maria Wasastjerna, University of Helsinki

The relationship between competition, data and privacy protection in the digital economy

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Law with Law Studies in Europe and the European Student Exchange Programme

he Institute is responsible for the Faculty’s four-year BA in ‘Law with Law Studies in Europe’, together with the associated exchanges with Law Faculties in our partner

European universities. The four-year BA course is a variant on the regular Oxford law degree that includes an extra year spent at one of Oxford’s partner universities abroad. It is thus also frequently called ‘Law Course 2’, and is an exchange programme, established under the Erasmus+ scheme, under which we receive in Oxford a student from our partner universities for each of our own students we send there.

In recent years the following options have been offered:

Law with French Law, with 15 students going each year to the University of Paris 2 Panthéon-Assas;

Law with German Law, with 10 students going to the Universities of Bonn or Munich;

Law with Italian Law, with 2 students going to the University of Siena;

Law with Spanish Law, with 4 students going to the University of Pompeu Fabra in Barcelona;

Law with European Law, with 4 students going to the University of Leiden.

The Institute administers the Course 2 programme, including the provision of preparatory teaching in foreign law and languages and keeping constant contact with the academic directors and the administrators of the exchange programmes in our partner universities. The Law Faculty’s Academic Director of Undergraduate Exchange Programmes is a Deputy Director of the Institute, and the day-to-day administration of the exchange programmes is undertaken by the Administrator of the Institute.

Within this framework, the Institute also provides a focus and support network for the students coming to Oxford from our partner universities under the exchange agreements. These students are registered for the one-year Diploma in Legal Studies programme.

With up to 35 incoming and 35 outgoing students each year, Course 2 is the largest undergraduate exchange programme in the University. Course 2 remains one of the success stories of the Institute. Its graduates are highly sought after by law firms and other employers who appreciate their linguistic skills, their experience abroad and the teaching they receive in Oxford. There are, of course, uncertainties at present about the future of the UK’s participation in the Erasmus+ scheme in light of the withdrawal of the UK from the EU in 2019. However, none of the exchange agreements with our European partners depends on Erasmus+ membership, and we remain fully committed to Course 2.

Below are reports from two students of their experiences in Oxford and Bonn respectively.

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A Year in Oxford Jaume Damià Rosal, University of Pompeu Fabra Barcelona (Diploma in Legal Studies Student, 2017-18)

At the end of my first year as an undergraduate law student at Universitat Pompeu Fabra (Barcelona), I attended a presentation by our mobility coordinators in which we were told that those of us with the highest grades would be able to apply for an exchange programme at Oxford University. Though we were informed of several opportunities and destinations, I remember paying attention to a single word: “Oxford”. It didn’t really matter to me that applying to Oxford would include having to take two years’ worth of compulsory modules in one year. Though intimidating, the idea of studying at one of the best law schools in the world made it totally worth it.

From the very beginning, my experience in Oxford was amazing. During fresher’s week I met fascinating students from all around the globe with spectacular academic backgrounds (have I mentioned I was in Oxford?). I lived alone for the first time (in Spain it is very common to live at home during your entire degree), and the prospect of living far from my family scared me a little, but it turned out to be a smooth and funny adventure thanks to the collegiate system. On the day of my arrival I had my first social event at Oriel (“MCR drinks”), where I met some incredibly friendly graduate students (Angelica, Guillaume, Ryan, William, Neil, Swaraj, Georgia, Shristi) who all lived in the same building as me and put my homesickness at ease. They are all now my best friends and I’m glad I can keep in touch with them.

And then my academic year began. The structure and manner of the teaching system in Oxford was radically different from what I was used to. In Pompeu Fabra (and probably in most continental European universities), the information that we were

expected to know for our exams was taught in big lecture theatres (200 students) every day of the week, with a clearly practical approach to the law and with opportunities to discuss some particularly complex legal issues in seminars containing up to 30 people. By contrast, the Oxford tutorial system posed a pleasant surprise for me as it gave me the opportunity to have long discussions (sometimes for more than two hours!) about the meaning and purpose of the law on concepts such as constitutional conventions (Constitutional Law), the Environmental Impact Assessment (Environmental Law) and the doctrine of consideration (Contract Law). I was taught by brilliant - and especially kind - professors such as Paul Yowell, Liz Fisher and Heloise Robinson, who all proved to be passionate when discussing my questions, doubts and opinions. Needless to say, I didn’t get a distinction in my first essay, nor in the second, third or fourth. Nonetheless, studying at Oxford was an intellectually exciting process which enabled my legal thinking and writing skills to develop, with the result that I now always look beyond the scope of the simple question: “what does the law say?”.

In the end, it took me the entire year to fully develop the required skills to think about the law as a “common law lawyer” and, in particular, to encourage myself to offer my opinions in essays

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and critically engage with the reading materials. I had previously never been asked to question the law in terms of its adequacy and fairness, nor to agree or disagree with academic scholars.

But living and studying in Oxford was not just about staying in the Law Library night and day (which was very nice, actually). Oxford is more than just an amazing university, it’s a wonderful city full of intellectually stimulating opportunities. There is an almost infinite list of societies for students to join: I personally signed up to the Oxford Animal Ethics Society and the Oxford Union. I also attended events held by the Climate Society, History Society, Music Society, Aeronautical Society and the Quidditch club (yes, there is a society for that as well).

Aside from societies, I also visited some of the 38 different colleges every week, watched squirrels climbing trees around Uni Parks while the sun went down, enjoyed punting on Sundays, drank mulled wine at my College’s Christmas formal dinner, and even had a look at a blackboard with Albert Einstein’s handwritten notes in the Museum of the History of Science. These were only a few of the thousands of activities I undertook during what was the best year of my life.

A Year in Bonn Wilhelm Nystrom, University College (3rd Year Law with Law Studies in Europe Student)

The third year of my law degree was spent at the Rheinische Friedrich-Wilhelms-Universität Bonn in Germany. It was a brilliant experience that I would recommend to anyone.

As a law student, it is very helpful to look at other legal systems. It allows for reflection on the advantages and disadvantages of each, preventing tunnel vision. I enjoyed studying civil law. Its codified precision, as exemplified by the carefully crafted structure of the German Civil Code, is impressive. At the same

time, English case law anchors abstract principles in real events and the opinions of judges, which makes the law come alive in a fascinating way. I have learnt to appreciate both.

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German universities take a somewhat different approach to legal education. It is less normative and more based in problem solving than my Oxford experience so far. German legal studies improve one’s ability to logically structure one’s thoughts in great detail. I’m sure these skills will be of advantage during my final year at Oxford.

During my time in Bonn, I also undertook paid work as an academic assistant to Professor Dr Mathias Schmoeckel at the Institute for German Legal History. I was tasked with coordinating a publication in English, which was rewarding. I also made many friends - one of my colleagues will spend the upcoming academic year on exchange at my Oxford college! The ample opportunity for ambitious students to work for professors and gain unique insight into academic life is something I really liked about the German university experience.

Apart from sitting exams, I also wrote a so-called Seminararbeit, an extended essay accompanied by a series of seminars, where theories and findings are discussed with other students. Writing in-depth about Roman law was challenging but fun. Of course, it didn’t hurt that the seminars were conducted together with students and professors from Heidelberg and Münster at a ski resort in the Austrian Alps.

At the start of my Oxford studies, I wasn’t entirely convinced by the German law programme and

considered reverting back to the 3-year course. Staying is one of the best decisions I’ve made. The year in Germany showed me new perspectives, academically and in general. It was great fun and definitely helped me develop my knowledge and skill as a law student.

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Events Organised by the Institute

Discretion in EU Public Procurement Law 3 November 2017

EU public procurement law is an area of law that has recently undergone extensive reform. The workshop brought together EU lawyers to discuss the newly permitted non-economic consideration under procurement rules, which may shift the balance to interests seeking to protect social, environmental, and human rights. The matter is that the new directives must be interpreted in conformity with the Treaties, the Charter and international obligations. This means that public procurement law consists of a multitude of

different and seemingly conflicting legal sources, which together do not appear to shape a coherent framework. The workshop discussed the future direction of procurement law in the Union, as well as unpacking present legal challenges, focusing on discretion and the extent to which social, green and human rights clauses are permitted. The proceedings of the meeting will be published in the Studies of the Oxford Institute of European and Comparative Law series.

Speakers: Sanja Bogojević (Oxford University), Xavier Groussot (Lund University), Phil Syrpis (Bristol University), Stephen Weatherill (Oxford University), Jörgen Hettne (Lund University), Christopher Bovis (Hull University), Dieter Kraus (Court of Justice of the EU), Claire Methven O’Brien (Danish Institute for Human Rights), Olga Martin-Ortega (Greenwich University), Albert Sanchez-Graells (Bristol University), Claes Granmar (Stockholm University), Marta Andrecka (Copenhagen University), Jeremias Prassl (Oxford University), Angelica Ericsson (Court of Justice of the EU), Jason J. Czarnezki (Pace Law School), Ohad Graber-Soudry (The European Spallation Source), Ulf Bernitz (Stockholm and Oxford Universities)

Brexit and the EU: Legal and Institutional Perspectives 23 February 2018

An initiative by Professor Stephen Weatherill, this event was organized by the convenors of the EU Law Discussion Group, Alix de Zitter and Konstantinos Sidiropoulos, with the support of the IECL, and was made possible by the generosity of Philip Moser QC and Piers Gardner from Monckton Chambers.

On 23 June 2016, the voters of the UK chose to leave the EU in a historic but also divisive referendum. On 29 March 2017, Article 50 TEU was triggered through a declaration signed by Prime Minister Theresa May and submitted to the President of the European Council, Donald Tusk. This initiated the two-year negotiation period leading to Britain's expected withdrawal from the EU in March 2019. Almost one year after the invocation of Article 50 TEU, the future

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shape of the agreement between the UK and the EU couldn’t be more uncertain. Is there going to be a hard Brexit? Soft Brexit? Some even go as far as to question the possibility of Brexit altogether.

In this confusion, and having new issues to discuss compared to one year ago, the aim of the symposium was to discuss the substantive legal issues arising from Brexit—namely on free movement and common policies—as well as the institutional issues pertaining thereto, including political and administrative challenges. The objective of the symposium was to provide both an EU and a UK perspective regarding the potential implications of Brexit.

To achieve this, we were fortunate to have brought together some of the most prominent academics and practitioners, as well as two DPhil in Law students from the University of Oxford, who exchanged their legal views and perspectives on Brexit. The discussion took place in two panels.

The first panel, where the substantive legal issues were analysed, was chaired by Professor Sir David Edward QC. Professor John Temple Lang initiated the discussion by explaining the potential impact of Brexit on the free movement of services within the Internal Market. Philip Moser QC from Monckton Chambers employed the example of the free movement of lawyers as a case-study, thus illustrating John’s analysis. Following this, Professor Tamara Hervey from the University of Sheffield explained the legal and policy aspects of Brexit for health care, and Bojana Vitanova analysed Brexit and the digital single market. Finally, Professor Stephen Weatherill drew the interesting distinction between ‘free trade, permission to trade, and freed trade’. The common theme arising from all the presentations in the first panel, and the subsequent discussion, is that Brexit is detrimental; it is detrimental to the free movement of services in the UK, for the freedom of establishment of lawyers, for health in the UK, and for the consumer. But the risks of Brexit vary significantly depending on the type of Brexit envisaged.

In the second panel, chaired by Professor Sir Francis Jacobs QC, the panellists analysed the institutional, political, and administrative challenges of Brexit. Professor Kalypso Nicolaidis explained how Brexit can be seen to reflect the partial loss of the principle of mutual recognition. Dr Tobias Lock from the University of Edinburgh presented the challenge of ‘getting transition right’, that is, the next steps in the negotiations; in particular, he explained how a transitional arrangement could be found and how it could be agreed in a constitutional manner. Then, Professor Antonios Kouroutakis from IE Law School assessed the Henry VIII clauses in the EU Withdrawal Bill, as well as the political and legal safeguards therein. Focusing on the UK-law side, Mikołaj Barczentewicz gave a presentation on the entrenchment of retained EU law and of the Withdrawal Agreement in UK law. Finally, the second panel concluded with Professor Paul Craig’s assessment of the legal challenges of the Withdrawal Bill, and his proposed solution.

The symposium concluded with the extremely interesting speech by Mr Alexandre Holroyd (Député in the Assemblée Nationale in France), who shared a different, more politically-oriented approach to the predicaments of Brexit.

The symposium was a golden opportunity for leading experts to present their views and discuss them with their peers and students. We were delighted to welcome such a great group of speakers, the discussion was interesting and intense, and those attending enjoyed it. If the tone of much of the analysis was rather gloomy, this is because anyone who examines Brexit at the level of informed detail and analytical precision, rather than through vague homily and breezy deception, is unavoidably gloomy.

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The Oxford French Law Moot 12 March 2018

The Oxford French Law Moot (Concours de plaidoiries en droit français), organised annually by Dr Geneviève Helleringer on behalf of the Institute, brings together law students from outside France who argue, in French, over a problem of French law. It is geared mostly towards students for whom French is a second language and French law a second legal system. The Moot is made possible through the financial support of Gide Loyrette

Nouel. Each year, the final of the event is judged by a panel consisting of a partner of Gide, a law professor from France and a judge from the Cour de cassation, France’s supreme court in civil and criminal matters.

The 10th Oxford French Law Moot took place on 12 March 2018 and was followed by a dinner for all participants at Trinity College. Twelve teams representing the Universities of Birmingham, Cologne, Cologne/Madrid, Essex, Florence, Galatasaray, King's College London, Oxford (2 teams), Trinity College Dublin, University College Dublin and University College London debated the Problem, set by M. Jean-Guy Huglo and M. Philippe Flores of the Cour de cassation, in which sexual harassment was at stake. The Problem initiated passionate and timely discussions in front of the judges – legitimately coloured by references to the #Me Too movement, though the problem had been drafted before the movement took off.

The final of the Moot was won by Gabriel Bulteel and Serge Ilioukhine representing King's College London. The team, mentored by Dr Eva Steiner, was extremely agile when it came to applying legal rules to the facts of the case. The runners-up were Suraj Saggar and Hosanna Makanda representing the University of Birmingham and mentored by Dr Catherine Vincent.

The New York Convention and European Union Law. Celebrating 60 Years of the New York Convention 23 March 2018

The overall aim of this conference was to examine the relationship between the New York Convention and European Union law. There were three sessions: the first was devoted to the relationship between the New York Convention and European Union law generally; the second discussed the impact of European Union law on the different methods of enforcing arbitration agreements; and the third and final session considered the enforcement of arbitration awards.

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Speakers: Lord Neuberger (Former President of the Supreme Court), George Bermann (Columbia Law School), Peter Schlosser (Ludwig-Maximilians-Universität München), Rolf Trittmann (Freshfields, Frankfurt), Sophie Lamb QC (Latham & Watkins, London), Andreas von Goldbeck (Oxford University and ESSEC Business School), John Beechey (BeecheyArbitration), Sir Roy Goode (Oxford University), Peter J. Turner QC (Freshfields Bruckhaus Deringer, Paris), Angeline Welsh (Matrix Chambers), Marie Berard (Clifford Chance, London), Dennis Solomon (Universität Passau), Sir Bernard Eder (Essex Court Chambers), Wendy J. Miles QC (Debevoise & Plimpton, London), Geneviève Helleringer (Oxford University and ESSEC Business School), Lord Mance (Supreme Court), Sir Jack Beatson (Essex Court Chambers), Charles Claypoole (Latham & Watkins, London), Veronika Korom (Bredin Prat, Paris), Epaminontas Triantafilou (Quinn Emanuel Urquhart & Sullivan, London)

Comparative Law Seminar in Seville on Contract and Property 13 April 2018

In 2017, the Institute of European and Comparative Law entered into an agreement with the Law Faculty of the University of Seville for the exchange of academic visitors and research collaboration, including biennial research seminars. During this academic year we held our first exchange of visitors under the agreement; and on Friday 13 April, the

first research seminar was held in Seville, coinciding with the 500th anniversary of the Law Faculty of Seville.

The seminar, on the theme of "Contract and Property" explored a range of comparative issues in the relationship between contract law and property law in English law, Spanish law and other jurisdictions. The speakers from Oxford were Professor John Cartwright, Professor Birke Häcker, Dr Ciara Kennefick and Agnès Kwiatkowski. Speakers from Seville were Professor Ángel López López, Professor Manuel Espejo Lerdo de Tejada, Professor Juan Pablo Murga Fernández, Professor Encarnación Montoya Martín and Professor Francisco Capilla Roncero, all from the Law Faculty at the University of Seville, as well as Professor Francisco Oliva Blázquez from the Universidad Pablo de Olavide, Seville. The seminar was opened by the Dean of the Law Faculty at Seville, Professor Alfonso Castro Sáenz, together with the Dean of the Oxford Law Faculty, Professor Anne Davies.

The seminar was very successful, involved a lively exchange of views between the participants, and proved an excellent foundation for our new institutional relationship with the Law Faculty at Seville. The papers from the seminar will be revised and translated, and published in due course: we hope that there will be two volumes, one in Spanish in the Seville Law Faculty's series of publications; the other in English in the Institute's series.

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The 14th Symposium on Trends in Retail Competition. Private Labels, Brands and Competition Policy 15 June 2018

This year the Symposium considered the interface between competition policy,

brands and retailers. Information is crucial to the formulation of strategy and where to place R&D investments. Everyone knows that the exchange of commercially sensitive information between horizontal competitors raises significant competition concerns and yet lines are blurring between market players. This may give rise to potential asymmetries in the access to such information which can itself give rise to competitive effects. The implications of this and potential remedies were explored in the first morning session.

Unfair trading practices may disrupt suppliers' ability to invest in innovation, quality and choice but how may they be regulated most effectively, improving certainty for suppliers while leaving the benefits of the legitimate application of buyer power undiluted? This was explored in the second morning session.

The afternoon session focussed on selective distribution, geo-blocking and online sales bans following the Coty judgement, culminating in a panel discussion which explored the main tensions and uncertainties that exist in these areas.

Speakers: Ulf Bernitz (Universities of Oxford and Stockholm), Nicholas Levy (Cleary Gottlieb), Adrian Majumdar (RBB Economics), Gabriel McGann (The Coca-Cola Company), Oliver Sitar (DG AGRI, European Commission), Christine Tacon (Groceries Code Adjudicator), David Lowe (Gowling WLG), Ravi Bhatiani (for the Supply Chain Initiative), Fabian Kaiser (DG COMP, European Commission), Andreas Gayk (Markenverband), Felix Engelsing (Bundeskartellamt), Pat Treacy (Bristows), Morven Hadden (Competition and Markets Authority), David Parker (Frontier Economics)

Workshop on Competition Law and Policy for Algorithm-Driven Markets 15 June 2018

This workshop, organised jointly by the Centre for Competition Law and Policy, the Max Planck Institute for Innovation and Competition, and the Haifa Centre for Cyber Law was held in Munich in June 2018.

Technological advances in data collection, data science, artificial

intelligence, and communications systems are ushering in a new era in which digital agents, operated through algorithms, replace human choice with regard to many transactions and actions. While algorithms are given assignments, they autonomously determine how to carry them out. Indeed, scientists envision a near future “where humans do less thinking when it comes to the small decisions that make up daily life.” This technological change is facilitated by

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advantages algorithms offer, including speed, lower transaction costs, less bias, and efficiency in decision-making. Furthermore, artificial intelligence coupled with the analysis of big data enables algorithms to make more sophisticated and informed choices. At the same time, algorithms may create risks to social welfare.

Given the exponential growth of the use of algorithms in the marketplace, a thorough analysis of their benefits and risks is necessary. Accordingly, this workshop sought to facilitate an in-depth and interdisciplinary discussion over three types of potential risks that some scholars identify:

- algorithms can facilitate coordination among suppliers as well as buyers;

- algorithms can facilitate price discrimination among different buyers, possibly even enabling some sellers to engage in perfect price discrimination; and

- algorithms create risks in our social sphere.

Panel discussions on these topics were led by: Michal Gal (Haifa), Ariel Ezrachi (Oxford) and Josef Drexl (Munich)

The Principles of Latin American Contract Law 25 September 2018

In 2015, the Institute hosted an international conference on The Future of Latin American Contract Law, which examined in detail a draft project for the harmonization of contract law in Latin America, the Principios Latinoamericanos de Derecho de los Contratos - Principles of Latin American Contract Law [“PLACL”]. The papers from that conference were published in a volume edited by Rodrigo

Momberg and Stefan Vogenauer in our series Studies of the Oxford Institute of European and Comparative Law in 2017.

The text of the Principles of Latin American Contract Law has now been completed, and on 25 September 2018 the Institute hosted a workshop to discuss not only some particular aspects of the final version (agency; specific performance; remedies generally) but also some of its broad themes (such as good faith), to assess its purpose (including the role of the PLACL as a toolbox) and to set it comparatively within harmonisation projects and the development of contract law more generally (discussing the PLACL and developments of national contract law and European contract law).

Speakers: Rodrigo Momberg (Catholic University of Valparaiso), Pietro Sirena (Bocconi University), Cristina Amato (University of Brescia), Alvaro Vidal (Catholic University of Valparaiso), Iñigo de la Maza (Diego Portales University), Gerardo Caffera (University of la República Uruguay), Beatriz Gregoraci (Universidad Autónoma of Madrid), Gonzalo Severin (Catholic University of Valparaiso), John Cartwright (University of Oxford)

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French Civil Liability in Comparative Perspective 26-28 September 2018

France is in the process of rewriting its private law of obligations. In 2016, the law of contract, the general regime governing obligations and the law of proof of obligations was reformed by the French government – and the law as promulgated and brought into force was then in 2018 subject to a handful of further amendments on its ratification by the French Parliament. In March 2017, the French Ministry of Justice published a draft bill for the reform of “civil liability”, putting together for this purpose liability for contractual non-performance and the general grounds of “extra-contractual liability”. To an English lawyer, some of the provisions remain of an astonishing breadth, notably, art.1241 which states that: “A person is liable for the harm caused by his fault.” Fault being

defined or explained as (art.1242): “A violation of a legislative requirement or a failure in the general duty of care or diligence constitutes a fault.”

In September a workshop supported by the Institute of European and Comparative Law and St John’s College took place at St John’s to consider the highly distinctive approach to “civil liability” taken by French law, present and future, in the light of the Ministry’s draft bill. The workshop was convened by Simon Whittaker of St John’s and the Institute and Jean-Sébastien Borghetti of the University of Paris II Panthéon Assas (and a former Paris Visiting Fellow of the Institute) and some 20 papers were presented by scholars from Oxford and other UK Universities, and from France, and other continental universities. The papers ranged across a number of topics including the relationship between contractual and extra-contractual liability; the definition of ‘fault’ and the role of liability without fault; the distinction between harm (le dommage) and loss (le préjudice); the introduction of a “civil penalty” (une amende civile) and the relationship between administrative liability and civil liability. The papers will be published in 2019 by Hart Publishing/Bloomsbury as J.-S. Borghetti and S. Whittaker (eds.) French Civil Liability in Comparative Perspective in the series Studies of the Oxford Institute of European and Comparative Law.

Speakers: Jean-Sébastien Borghetti (Paris 2 University), Simon Whittaker (Oxford University), Yves-Marie Laithier (Paris 1 University), Philippe Stoffel-Munck (Paris 1 University), Marie Dugué (Tours University), Matthew Dyson (Oxford University), Jonas Knetsch (Lyon University), Birke Häcker (Oxford University), Dorota Leczykiewicz (Oxford University), Pietro Sirena (Bocconi University), Ciara Kennefick (Oxford University), Nuno Manuel Pinto Oliveira (Minho University), Carlos Gomez Ligüerre (Pompeu Fabra University), Sandy Steel (Oxford University), Zoé Jacquemin (Paris 13 University), Marco Cappelletti (Oxford University), Mélodie Combot (Paris 2 University), Paula Giliker (Bristol University), Bernard Dubuisson (Louvain University), John Bell (Cambridge University), Olivier Deshayes (Paris Nanterre University)

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In addition to the above, members of the Institute convene and administer the meetings of the Comparative Law Discussion Group, the EU Law Discussion Group and the IECL Seminar Series. The following meetings were held in 2017-18:

Comparative Law Discussion Group

Tontines and the History of Insurance Law Phillip Hellwege, University of Augsburg

Protecting Non-pecuniary Contractual Interests with the Remedy of Damages in Dutch and English Law

Thijs Beumers, Leiden University

The Power of Comparative Law Mathias Siems, Durham University

Business Tenant Protection – Security of Tenure with UK, Swedish and Australian Law

Elisabeth Ahlinder, Stockholm University

The Protection of Performance in English Contract Law

Sebastian Martens, University of Passau

Rationalising Recovery for Emotional Harm in Tort Law

Eric Descheemaeker, University of Melbourne

Change of Circumstances and Impossibility to Perform: a Tale of Conflicting Contractual Remedies

Jean-Sébastien Borghetti, University of Paris 2

Exploitation by Contract in the Reformed French Code Civil: Lessons from and for English Law

Ciara Kennefick, Oxford University

On the Revealing History of Legal Validity – a Comparative Itinerary through the Ages

Maris Köpcke Tinturé

EU Law Discussion Group

Internal Data Protection and External Trade Relations

Claes Granmar, Stockholm University

The Court of Justice and the Rights to Health: the Asymmetry of European Integration and How to Address It

Anniek de Ruijter and Nik de Boer, University of Amsterdam

Book Panel: Europe’s Functional Constitutionalism: a Theory of Constitutionalism beyond the State

Turkuler Isiksel, Columbia University

Beyond Uber: the Sharing Economy as a Challenge to EU Law

Vassilis Hatzopoulos, Panteion University Athens

EU Competence: how the EC is Trespassing Member States’ Exclusive Competence to Harmonise Corporate Taxation

Liza Lovdahl Gormsen, British Institute of International and Comparative Law

The Magical Mystery of Words: Direct Effect, Indirect Effect and all that

Stefan Enchelmaier, Oxford University

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Digital Value Chains and Competition Law Ioannis Lianos, University College London

Better Enforcement: Policy Options for the Design of Impact Assessments According to the Better Regulation Guidelines

Esther van Schagen, Utrecht University

The European Pillar of Social Rights – Redressing the Constitutional Imbalance between ‘the Market’ and ‘the Social’ in the EU?

Sacha Garben, College of Europe

Nordic Cross-Border Mobility: a Model for Cooperation beyond EU Law

Henrik Wenander, Lund University

Big Law as Big Data: Measuring Convergence in European Consumer Law

Catalina Goanta, Maastricht University

Are CETA Tribunals Compatible with EU Law in the Light of Case C-284/16 Achmea?

Claes Granmar, Stockholm University

IECL Seminar Series

The Assignment of Contract: Some Comparative Reflections on French and English Law

Agnès Kwiatkowski, University of Lille

Creditors’ Prevalence in Insolvency Procedures: what Germany Can Learn from the UK

Carl-Friedrich Thoma, Max Planck Institute, Hamburg

Keeping the Lights on Through the Energy Transition: Security of Supply in EU Law

Kaisa Huhta, University of Eastern Finland

A Revolution at the French Cour de cassation? A Tale of Style and Substance

Samuel Fulli-Lemaire, Max Planck Institute, Hamburg

Theory of Statuta – Some Comparative Remarks on the Development of Conflict of Law in Continental Europe from the 14th Century to the 18th Century

Kristin Boosfeld, University of Munich

A New Approach to Precontractual Liability for Breaking Off Negotiations: Shifting the View from Good Faith to Reliance

Isabel Zuloaga Rios, Pontificia Catolica University, Chile

Grounds for Excluding Criminal Responsibility in International Criminal Law

Barbara Drevet, University of Bordeaux

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Other Events: Book Launches

The Code Napoléon Rewritten. French Contract Law after the 2016 ReformsJohn Cartwright and Simon Whittaker

In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. On 29 November 2017, to mark the publication of the book of essays in the Institute’s Series, edited by John Cartwright and Simon Whittaker, The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms (Hart Publishing, Bloomsbury, 2017), the Institute held a special seminar on the new French contract law in the form of a panel discussion, to present

some key aspects of the reforms. Birke Häcker (Oxford) chaired and introduced the seminar, which included presentations by John Cartwright (Oxford) on the influence of European soft-law instruments on the new law, Solène Rowan (LSE) on termination for contractual non-performance, Philippe Stoffel-Munck (Paris 1) on the control of unfair terms, John Bell (Cambridge) on ‘l’utile et le juste’ in the new code and Simon Whittaker (Oxford) on future reform of ‘civil liability’.

The book has now also been translated (with revisions) into French: La réécriture du code civil: Le droit français des contrats après la réforme de 2016 (Société de législation comparée, 2018).

Regulating Risk Through Private Law Matthew Dyson

On 20 February 2018, academics from around the world came to Oxford to launch Regulating Risk Through Private Law published by Intersentia.

Hosted by the Institute for European and Comparative Private Law in the Faculty of Law, the event showcased key findings from the volume, and involved commentators and discussion from outside the project. The event was chaired by Birke Häcker and featured presentations from within the project by Sandy Steele (Oxford),

Simon Taylor (Paris-Diderot), Helen Scott (Oxford), Bianca Gardella (Università degli Studi del Piemonte Orientale), Elbert de Jong (Utrecht), Maria Agnes Salah (University of Chile in Santiago), and a perspective from outside the project from Simon Whittaker (Oxford).

Regulating Risk Through Private Law sets out, for nine significant legal systems, an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. It examines and explains what risk-based reasoning adds to private law. Taking tort law as the core case study, the book analyses national variation in risk understanding, liability, culture and regulation and from that, develops a legal framework

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for understanding and responding to risk. Then, looking beyond tort, the volume examines the contextual and cultural setting of different risks and how different legal systems seek to regulate them.

The volume draws on more than 25 leading scholars of private law and risk from around the world to develop a coherent and systematic study of risk. The legal systems included span the common law and civil law, large and small, codified and uncodified, as well as those with wider and narrower strict liability rules and causation rules: England and Wales, France, Sweden, Italy, Spain, the Netherlands, Chile, South Africa and Brazil. This is the first multi-handed work on risk to explore what risk-reasoning adds to private law and how best it can be deployed, resisted or simply understood.

Oxford Handbook of Corporate Law and Governance Georg Ringe

Early May saw the launch conference of the Oxford Handbook of Corporate Law and Governance, edited by Jeffrey Gordon and Georg Ringe. The conference involved Oxford faculty such as John Armour, Paul Davies, Colin Mayer and Luca Enriques, and other leading scholars such as Ronald J. Gilson (Columbia and Stanford), Mark Roe (Harvard), Marco Becht (Brussels) and Simon Deakin (Cambridge).

The Oxford Handbook of Corporate Law and Governance brings together some 50 authors to take stock with scholarship in corporate law and corporate governance. The Handbook contains a variety of chapters that provide a comparative and functional overview of the field. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is published in hard copy and an online version.

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The launch conference was very well received and proved an intellectually stimulating event, spanning topics such as the future of the corporation, corporate short-termism, shareholder activism, corporate social responsibility and Brexit. We are very grateful for financial support from Columbia Law School, University of Hamburg, the Oxford MLF programme, OUP and ECGI.

International Institutional Links: Reports from Recent Participants

e act on behalf of the Faculty in engaging with other institutions outside Oxford for the purposes of research in the fields of European and comparative law. Some of our

international institutional links are designed to allow research visits by Oxford researchers to our partner institutions, generally for both Faculty members and graduate students (the Max Planck Institute for Comparative and International Private Law, Hamburg; and the Law Faculties at the University of Seville and at the Lomonosov Moscow State University), but sometimes aimed particularly at graduates or early career academics (Alpa Scholarships, for the University of Rome Sapienza). We also welcome visitors to the Institute from each of these partner institutions under the terms of our agreement with them. Reports from some of this year’s Oxford participants in these schemes are set out below.

Exchange with the Max Planck Institute, Hamburg Tobias Lutzi, 2018

The Max Planck Institute in Hamburg provides an excellent environment to work on questions or comparative private and private international law. Guests from Oxford receive a desk in what certainly is the best library of its kind in Germany, if not in Europe, and accommodation, either in the Institute’s own apartments or in the

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nearby guest house, both of which are right between the main campus of the

versity of Hamburg and the Alster. Surrounded by nothing but books, other researchers, and casionally – sunshine, I managed to write a substantial part of my DPhil thesis in the four

nths I have spent at the MPI over two consecutive summers.

ddition to the excellent working conditions, the biggest perk of spending time at the itute certainly is the large number of research fellows and guests it attracts all year, and ecially over the summer. There is a bi-weekly coffee, a monthly after-work meeting, and le opportunity outside these formal occasions to meet like-minded researchers who are at a

iety of points in their careers and come from all over the world. A number of guests also ticipate in the Institute’s weekly kick-about which takes place on a meadow right across the itute.

exchange has offered me many opportunities – to do research, to make new friends, and to in one of the nicest, most interesting cities in Europe. It will not be the last time I have ted it.

e library at the Max-Planck Institute

Research Visit to the University of Seville Joao Loreto Moreira, 2018

My stay at the Law Faculty of the University of Seville was a wonderful opportunity to develop my project and connect with members of the faculty and the Spanish legal community. From the first day I had the pleasure to find full support from Professor Fernando Llano who made sure I had all the conditions to develop my work and provided me with invaluable contacts inside and outside the Law Faculty. This

allowed me to connect with, talk to and interview several members of the Spanish arbitral community, one of the goals of my stay.

In addition to working on my project, the University of Sevilla has a busy academic life that led me to participate in numerous events and discussions. Several events organized at the Law Faculty brought frequently impressive speakers from outside and inside Spain. The close-knit atmosphere at the Faculty made contact with these people easy and friendly leading to wonderful discussions. Again, Professor Llano made sure I was always invited and felt welcomed at all of the Faculty’s events. I myself had the pleasure of providing a speech at the university which was very well attended by members of the faculty and students alike.

Further to academic ventures, my stay coincided with the two biggest events of the year in Sevilla: Semana Santa and Ferias de Sevilla. These two huge traditional events allowed me to experience the culture and meet many of the local people who help Sevilla maintain its charm. The food, the environment and friendliness of everyone are simply experiences that cannot be replicated elsewhere.

Alpa Scholarship Clara Martins Pereira, 2018

Last Summer I was given the opportunity to spend a two-month research period at the Sapienza University of Rome under an Alpa scholarship.

In the weeks leading up to my trip – and exhausted from the term’s work – I often wondered how I would be able to resist Rome’s charms and actually do all the work

thaheaeve

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Seminar in the Seville Law Faculty

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that I had planned for the Summer. Soon after I arrived at the Sapienza, I realised

t there was no choice to be made between the University and the city: centrally located at the rt of San Lorenzo, Sapienza’s beautiful campus fits seamlessly into its surroundings and ry walk to the University inspired and energised me.

nument to Victor Emmanuel II

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In the University’s Law Faculty, I was introduced to a well-stocked library and to a vibrant academic community. Professor Alpa generously put me in touch with a group of young academics conducting research in my area and I benefited immensely from the opportunity to discuss my doctoral research with them. In September, Professor Alpa also invited me to participate in the 2018 edition of the European Law School Network International Summer School and I had the opportunity to attend a number of fascinating sessions on private autonomy and fundamental rights.

I am incredibly grateful to Professor Alpa for how welcomed I felt at the Sapienza. The two months I spent in Rome were a very productive research period and my DPhil was certainly made richer for it.

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Studies of the Oxford Institute of European and Comparative Law

tudies of the Oxford Institute of European and Comparative Law is the main forum for publication of the research pursued at the Institute. The series is published by Hart

Publishing Ltd. The Series Editor is Professor John Cartwright and the Advisory Editors are Professor Mark Freedland, Professor Stephen Weatherill and Professor Stefan Enchelmaier. During the year the following volume has been published:

The 25th volume in the series is The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms, edited by John Cartwright and Simon Whittaker. The provisions of the French Civil Code governing the law of obligations remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This book explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems.

The book is one of the publications which will result from the research project on Reform of the French Law of Obligations,

developed within the IECL by John Cartwright and Simon Whittaker. A further volume, J.-S. Borghetti and S. Whittaker (eds.) French Civil Liability in Comparative Perspective, is to be published in 2019.

In addition, the following two volumes in the series have recently been issued in paperback:

D. Leczykiewicz and S. Weatherill (eds.) The Images of the Consumer in EU Law. Legislation, Free Movement and Competition Law

S. de Vries, U. Bernitz and S. Weatherill (eds.) The EU Charter of Fundamental Rights as Binding Instrument

The 26th volume will be S. Bogojevic, X. Groussot and J. Hettne (eds.) Law and Discretion in EU Public Procurement (May 2019)

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Financial Supporters of the Institute

he Institute is most grateful to all those who support its work in European and/or Comparative Law, or its associated activities in the student exchange programmes. The

current financial supporters are listed below.

Professor Guido Alpa support for the exchange of academic staff and graduate students between the Oxford Law Faculty and the University of Rome Sapienza

Clifford Chance LLP ongoing annual funding for the administration of Course 2 and the exchange programme, and for conferences and other events in European and/or comparative law

Clifford Chance Paris annual support for French law related activities

Gide Loyrette Nouel LLP funding for annual Oxford French Law Moot

Leverhulme Trust Early Career Fellowship

‘Differences in Legal Cultures: a Study on Dispute Clauses as a Form of Private Regulation’

(Dr Geneviève Helleringer)

Ragnar Söderbergs Stiftelse and Torsten Söderbergs Stiftelse

funding for the Oxford/Stockholm Association in European Law

(Professor Ulf Bernitz)

Stifterverband ongoing support for the Erich Brost CDF in German and EU Law

Stockholm Centre for Commercial Law

funding for the Stockholm Centre Oxford Fellowship and the Stockholm Senior Visiting Fellowship

T

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Governance of the Institute

Management Committee

The Management Committee has general oversight of the Institute including its administration of the degree in Law with Law Studies in Europe. It receives reports on academic activity and programmes, monitors financial outcomes and approves strategies for income generation. The composition during 2017-18 was:

Professor Donal Nolan (Chair)

Professor John Cartwright Professor Ariel Ezrachi Professor Birke Häcker Professor Dorota Leczykiewicz Dr Hartmut Mayer Professor Jeremias Prassl Professor Stephen Weatherill

Advisory Council

The Advisory Council provides guidance to the Director on the strategic direction of the Institute. Its members are prominent persons in public life and the legal world who are well placed to advise upon and support the work of the Institute. The composition during 2017-18 was:

The Right Honourable Lord Mance (Chair)

Professor Guido Alpa (Sapienza University of Rome) Professor Sir Frank Berman QC (Essex Court Chambers) Mr Christopher Bright (Shearman & Sterling LLP) Professor John Cartwright (Director of the Institute) The Conseiller Culturel of the French Embassy in London Professor Paul Craig (Oxford Law Faculty) The Honourable Mr Justice Cranston Director, German Academic Exchange (DAAD) Professor Sir David Edward (University of Edinburgh) Professor Mark Freedland (Oxford Law Faculty) Professor Sir Roy Goode (Oxford Law Faculty) Professor Sir Francis Jacobs (King's College London) Professor Angus Johnston (Oxford Law Faculty) Mr Alexander Layton QC (20 Essex Street) Ms Alexandra Marks (Judicial Appointments Committee) Mr Hugh Mercer QC (Essex Court) Mr Rupert Reece (Gide Loyrette Nouel LLP) The Right Honourable Lord Reed Sir Peter Roth (Competition Appeal Tribunal) The Honourable Mr Justice Silber Professor Henk Snijders (University of Leiden) The Vice Chancellor of Oxford University

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Institute of European and Comparative Law

Annual Report 2017-2018

The front cover shows the final round of the 2018 French Law Moot.

For further information please contact:

The Administrator Institute of European and Comparative Law St Cross Building St Cross Road Oxford OX1 3UL

enquiries@iecl.ox.ac.uk