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HOLO Books

Arbitration Press - Catalogue 

 

TitleMORE DISPUTES AND DIFFERENCES: ESSAYS ON THE HISTORY OF ARBITRATION AND ITS CONTINUING RELEVANCE
AuthorDerek Roebuck (edited by Susanna Hoe)
AbstractMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in Part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century.

What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'.

Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

ISBN978-1-9196318-3-7
NotesHardback, 368 pages
Year2022 (to be published in November)
PriceThe Retail Price is £40 but buy it through our Web site and pay only £35 (UK) / £38 (outside UK)
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TitleLAWYER, SCHOLAR, TEACHER AND ACTIVIST: A LIBER AMICORUM IN HONOUR OF DEREK ROEBUCK
AuthorNeil Kaplan and Robert Morgan
AbstractThis collection of essays, lectures, tributes and reminiscences honours the life, work, influence and achievements of the late Professor Derek Roebuck (1935-2020). He was a scholar, teacher, lawyer, prolific author, researcher, editor, human rights activist, feminist and creator of a widely acclaimed ten-volume series chronicling the international history of arbitration and mediation from Ancient Greece to the 'Long' eighteenth century (1700-1815).

The scholarly contributions embrace a wide variety of subjects and reflect the breadth of Derek's interests, learning and expertise. They include the rule of law, transnational and comparative commercial law, modernisation of laws in South East Asia, leading arbitration personalities in early modern England, two US-related commentaries (one on mediation and arbitration in colonial America by Derek, and one on the post-Civil War Alabama arbitration of 1871-1872), transparency and efficiency in modern international commercial arbitration, the role of modern mediation in resolving conflicts, and a literature review of Derek's histories.

The diversity of Derek's interests and the esteem in which he was held are reflected in the broad array of contributions penned by colleagues, co-authors (including Derek's wife Susanna Hoe), students, friends and other contemporaries from an equally broad array of backgrounds. In addition to the scholarly contributions, the In Memoriam tributes reveal the depth and extent to which Derek influenced, guided, mentored and touched the lives of everyone he met.

Also featured in this collection is a selection of papers presented as part of the Roebuck Lectures, a series inaugurated by the Chartered Institute of Arbitrators in 2011 to commemorate Professor Roebuck's ten years as Editor of its journal, Arbitration. Two of the featured lectures are published here for the first time. The lectures address subjects close to Professor Roebuck's heart, such as ethics, diversity, human rights and the historical development of dispute resolution processes. They also include his own Inaugural Lecture of 2011 calling for a fundamental rethink of dispute management.

ISBN978-0-9572153-9-9
NotesHardback, 560 pages
Year2021
PriceThe Retail Price is £40 but buy it through our Web site and pay only £35 (UK) / £38 (outside UK)
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TitleENGLISH ARBITRATION AND MEDIATION IN THE LONG EIGHTEENTH CENTURY (November 2019)
AuthorDerek Roebuck, Francis Boorman and Rhiannon Markless
AbstractOur Early Modern period runs from 1700 to 1815. England was never at peace. The Act of Settlement 1701, whatever it did for the Constitution, did not end the fighting between English and Scots. Bonnie Prince Charlie was not seen off until Culloden in 1748. George Washington became president of a new country in 1789, the year of the French Revolution. Britain was intermittently at war with France or Spain. Yet the primary sources show that parties with disputes got on with their resolution in the same old ways, by arbitration and mediation.

After an introduction, describing the social, economic, political and legal Background, the individual documents which make up the primary sources are each examined, including court records, law reports, newspapers and memoirs.

The practices of mediation and arbitration across various sectors of eighteenth-century England are explored. First the services offered by the State, primarily by Justices of the Peace but also by all the courts. Then the bulk of the work is devoted to private arbitration and mediation, including extensive sections on Commerce, Labour Relations, the London Theatre, Families and Property, Architects and Engineers, Sport and Betting, with an extended section devoted to the work of women. The lives of individuals in all strata of English society are revealed. Finally, a long chapter describes what has been called legalisation and professionalisation, showing the increasing involvement of lawyers.

ISBN978-0-9572153-3-7
NotesHardback, 272 pages
Year2019
PriceThe Retail Price is £40 but buy it through our Web site and pay only £35 (UK) / £38 (outside UK)
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TitleWOMEN IN DISPUTES: A HISTORY OF EUROPEAN WOMEN IN ARBITRATION AND MEDIATION
AuthorDerek Roebuck and Susanna Hoe
AbstractFrom Homer to Jane Austen, storytellers have entertained their audiences with tales of women in disputes, as parties and peacemakers. This is our attempt to write their history, relying as far as possible on primary sources, documents which have survived by chance, never intended for our eyes by those who created and preserved them.

In 534AD, the Roman emperor Justinian expressly forbade women to act as arbitrators. In the thirteenth century Saint Thomas Aquinas stated that 'woman is naturally subject to man, because in man the discretion of reason predominates'.

Many have assumed that what was laid down as law or proclaimed as authority represented the reality. But women do not always do what men tell them they should. We have set out to find what has happened in practice over four thousand years, at least in Europe, beginning in the Bible and Ancient Greece and Rome, but thereafter concentrating on England, with regular references to the Continent.

A chapter on Anglo-Saxon England shows the inextricable ties with the Continent among women of the highest rank, as do two of the four that follow on the Middle Ages. Those women often mediated and arbitrated, but they also resolved disputes by a number of other ways. Then we show how common it was for titled women in England to resolve disputes. A chapter on 'untitled women' provides plenty of evidence of the regular resolution of their disputes. There is a digression then to Malta, to the records of a fifteenth-century notary, which tell the stories of women of every station and their disputes.

England's greatest monarch, Elizabeth I, supported women with free legal aid and her own personal interventions, in ways never since matched. The practice of submitting women's disputes to mediation and arbitration survived through the seventeenth century, despite revolution, regicide, fire and plague. A tailpiece tells how a dispute concerning the will of Temperance Flowerdew, one of the earliest European settlers in the 'New World', was resolved by the English Privy Council. A chapter on the eighteenth century emphasises the English Government's encouragement of mediation and arbitration, ending with how Mary Musgrove's mediation helped to establish the colony of Georgia, and two sections on France, one pre-Revolution, one Revolutionary. They challenge others to explore developments in the North American colonies and France. The Conclusion widens that challenge.

Lady Anne Clifford, a woman of infinite strength of will, has demanded the last word. She simply refused a royal command to submit to an arbitration which would have robbed her of the vast landholdings she held in her own right.
ISBN978-0-9572153-2-0
NotesPaperback, 288 pages
Year2018
PriceRetail price £20, Website price for UK: £15 for Overseas: £18
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TitleARBITRATION AND MEDIATION IN SEVENTEENTH-CENTURY ENGLAND
AuthorDerek Roebuck
AbstractDespite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Litigation was a costly and unpopular alternative.

Kings and poor widows were parties. They usually asked an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other£s performance of the submission and award.

Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves.

As the century drew to its close, lawyers advised their clients to take advantage of the courts£ offer to accept a claim and, with the parties£ consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698. There are five parts: 1.background; 2. subject matter: land, family and business; 3. the people: parties and arbitrators; 4. the law; 5. conclusions.
ISBN978-0-9572153-1-3
NotesHardback, 530 pages
Year2017
PriceRetail price £40, Website price for UK: £35 for Overseas: £38
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TitleTHE GOLDEN AGE OF ARBITRATION: DISPUTE RESOLUTION UNDER ELIZABETH I
AuthorDerek Roebuck
AbstractElizabeth I determinedly provided a Government mediation and arbitration scheme. The primary sources shows she had a special concern for women, the poor and anyone disadvantaged by the costs and delays of the law. Her Privy Council arranged arbitrations with no fees and with free legal aid. The archives are voluminous, in the Acts of the Privy Council, the National Archives and local collections. Elizabeth I£s arbitration scheme dominates this book, but the background was private arbitration, arranged by the parties themselves. Arbitration was then the ordinary way to settle a dispute the parties could not end themselves. Each side chose one or more arbitrators and that even number would try to mediate a settlement. If they failed, they would try to get the parties to agree on who should decide for them. The arbitrators include well-known personalities: Cecil and Walsingham, Raleigh and Hawkins, Coke and Bacon. Women participate at all levels, in disputes over land, business and family matters. Many of the disputes were between foreign merchants and some were submitted to their arbitration. What law there was on arbitration had little impact on practice. The most important revelation is the Queen£s concern for the poor: £If the phrases £legal aid£ and even £welfare state£ had been coined by then, it may be unwise to assume that Elizabeth I£s Government would have used them as terms of abuse.£
ISBN957215306
NotesHardback, 375 pages
Year2015
PriceRetail price £40, Website price for UK: £35 for Overseas: £38
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TitleMEDIATION AND ARBITRATION IN THE MIDDLE AGES: ENGLAND 1154-1558
AuthorDerek Roebuck
AbstractIn England in the later Middle Ages the routine and all-pervasive methods of managing disputes were mediation and arbitration. When the parties resorted to litigation, it was often in the context of what is now called alternative dispute resolution. The major cities £ London, York and Bristol £ offered regular mediation/arbitration services. The central government, through the king£s Council, frequently made use of arbitration, as did the councils of great lords. There was almost no restriction on the subject matter, which included freehold title to land, personal status £ free or villein, crime £ including murder and rape, and sophisticated means of dealing with claims for medical negligence. Primary sources, with ample quotations in modern English, provide the evidence for what happened in practice, with a final chapter tracing the development of the relevant law. Chapters are grouped into Parts: The Background: The Setting; The Legal System; The Primacy of Mediation; Arbitration in Practice - The Subject Matter: All Manner of Dispute; Crime, Status and Chivalry; Land and Inheritance - The Communities: King, Parliament and Council; Great Lords and Their Councils; Cities and Boroughs; Oxford; Guilds; Jews; Women; The Church - The Practice of the Pastons: How to do it: Manipulation of the Means; How not to do it: Best to Reconcile - The Law - Conclusions
ISBN9780954405632
NotesHardback, 458 Pages
Year2013
Price£35
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TitleDISPUTES AND DIFFERENCES: COMPARISONS IN LAW, LANGUAGE AND HISTORY
AuthorDerek Roebuck
AbstractThirty-eight papers written over fifty years show that anyone who wants to understand law can benefit from the insights of linguistics, history and anthropology. Equally important are the techniques of other disciplines, particularly the comparative method. In Part 1 the emphases are on law reform, human rights and peace (particularly the campaign to stop the use of mercenaries), protection of the environment, and the relations between customary law and introduced state law. Part 2 illustrates a conviction that the study of language can illuminate legal problems. It combines historical researches, intended to explode the dangerous myth that the English common law can be transacted only in the English language, with justifications of, reports on and analyses of the creation of a Chinese Digest of the common law in Hong Kong. Part 3 tries to discover, describe and understand the historical development of methods of managing disputes. Part 4 makes suggestions about the relation of theory to practice.
ISBN9780954405625
NotesHardback, 500 Pages, 4 Illustrations
Year2010
Price£30
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TitleEARLY ENGLISH ARBITRATION
AuthorDerek Roebuck
AbstractThis is the first history of mediation and arbitration in England before the Common Law. In prehistoric times, archaeology and genetics provide evidence of assemblies to deal with disputes. From Roman times, documents survive which show mediation and arbitration in practice. A fragment of an award is dated 14 March 114AD. A Wiltshire arbitrator reports in his own words of arbitrating in Alfred£s time. A Worcestershire award a thousand years ago could teach today£s practitioners new tricks. After the Norman Conquest, a compromise could still be mediated in the middle of trial by battle, one side£s champion concealing that he had lost his sight.
ISBN9780954405618
NotesHardback 336 pages, 4 maps, endpapers, dustjacket, 220x140mm
Year2008
Price£30
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TitleMANAGING THE RECOVERY OF INTERNATIONAL DEBTS
AuthorEdited by Michael Shone
AbstractEveryone whose work includes international trade needs to know as much as possible about the problems of recovering international debts and how to resolve them. Each of the papers collected here seeks to increase their understanding in different ways, without assuming they are professional lawyers. Antonio Bueno£s £The Recovery Toolbox£ explains the most important topics; Axel B£sch deals with interim measures; Eugen Salpius compares institutional arbitrations; Derek Roebuck analyses the different financial instruments; Michael Shone discusses the remedies of an unpaid seller and Basil Chan describes difficulties which face chief financial officers. Together these experts, brought together at the Commercial Intelligence Conference in Lucerne in 2004, provide invaluable insights for practitioners in international trade and finance.
ISBN0-9544056-0-9
NotesHardback, 113 Pages
Year2005
Price£30
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TitleROMAN ARBITRATION
AuthorDerek Roebuck and Bruno de Loynes de Fumichon
AbstractThis history of Roman arbitration covers a long period and a vast area, from a small Italian city, 6th century BC, to every part of the Roman empire, 7th century AD. By then, Justinian£s comprehensive codification had been completed but the Arab conquest of Egypt had shown the empire was finished. It describes the procedures by which those who lived under Roman administration dealt with their disputes. It relies not only on the great mass of legal learning preserved in Justinian£s Corpus Juris but on literary works (including the works of surveyor-arbitrators) and on original sources which have survived by chance as public inscriptions on stone and bronze, or private documents on wax tablets and papyrus. They reveal much more than the technicalities of law and practice. They bring back to life the men and women who believed that by mediation and arbitration they could get their problems resolved: electoral corruption; boundaries; the quality of wine; niggling family rows resolved by the papyrus deeds in an arbitrator£s files from a long lost town in Roman Egypt. Mediators and arbitrators everywhere, not only in jurisdictions directly influenced by Roman law, still think in categories and use techniques inherited from their Roman forebears.
Reviews£For a long time Roebuck£s publications have won the admiration of arbitration specialists by their combination of prodigious learning and a light and elegant style. Ancient Greek Arbitration (2001) and The Charitable Arbitrator (2002) are both masterpieces. A Miscellany of Disputes (2000), whose sub-title should perhaps be £a researcher£s divertissements£, is an anthology of tales about arbitration which Roebuck has discovered in the literature of the whole world going back as far as ancient China£. The pleasure which the reader will find in this book is in the detail; the authors bring back to life these ancient ancestors and their preoccupations, so similar to ours£. The distant past is no doubt as unforeseeable as the future. This is why Messrs Roebuck and de Fumichon, as they teach us about it, also make us dream.£ Jan Paulsson Revue de l£Arbitrage

£This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts£ Oxbow Book News 62, Winter 2004

£Derek Roebuck is to arbitration what Sue Grafton is to mystery fans£. Roebuck has written a great series of books about arbitration in ancient times£. He makes wonderful use of the expertise of French co-author Bruno de Loynes de Fumichon£. An excellent reference for researchers, academicians and students.£ Cindy Fazzi Dispute Resolution Journal
ISBN0-9537730-3-5
NotesHardback, 295 Pages
Year2004
Price£30
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TitleTHE CHARITABLE ARBITRATOR How to Mediate and Arbitrate in Louis XIV£s France
AuthorDerek Roebuck
AbstractDerek Roebuck has translated with a substantial introduction this previously unused source of importance to all concerned with the development of mediation and arbitration. Printed first in 1666, it is both an instruction manual and a plea for reform. It describes mediations and arbitrations of the period, with forms and precedents, practical examples and handy tips. The author, Alexandre de la Roche, was a cleric with a close knowledge of the Paris courts. Eight plates, five showing arbitrations. The text of the first edition is reproduced in facsimile and the translation (of the expanded edition) catches the salty and forceful style of La Roche, who recommends all kinds of threats and guile £To prevent suits and disputes, or at least to finish them quickly, without trouble and cost.£ He would have recommended today£s arbitrators and mediators to buy this book not just for its message of reform but to bring up-to-date their tricks-of-the-trade.
Reviews£A stunning piece of scholarship£ direct lessons for modern practice£ Professor Michael O£Reilly Arbitration
ISBN0-9537730-2-7
NotesHardback, 450 Pages, 8 Plates
Year2002
Price£30
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TitleBILLS OF EXCHANGE a South East Asian Perspective
AuthorMichael Shone
AbstractA short guide to bills of exchange, for exporters who want to know more about the legal and practical realities of a method of payment in widespread everyday use. Michael Shone, leading practitioner with unequalled experience in Asia, also provides a synopsis of the law in the principal export markets of South East Asia: Taiwan, Thailand, South Korea, Indonesia, Singapore, Philippines, Malaysia and Hong Kong, comparing Common Law and Civil Law systems; with forms and precedents.
ISBN0-9537730-4-3
NotesPaperback, 64 pages, bilingual Dutch and English
Year2001
Price£20
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TitleANCIENT GREEK ARBITRATION
AuthorDerek Roebuck
AbstractThe first full-length description and analysis of how dispute resolution by mediation and arbitration developed in the Ancient Greek world, from Homer to Cleopatra. Based on all the primary sources, with the relevant extracts in new translations: not only poetry, drama, history, philosophy and oratory, but also inscriptions and the mass of arbitration documents surviving as papyri. Introductory chapters deal with theory and method, language and translation, and the Greek legal system. The conclusions show how mediation and arbitration were partners in the ordinary processes of dispute resolution, and widespread in all the times and places examined.
Reviews£Immense merit as a prodigious scholastic work and historical resource£ full of human interest£ eminently readable£ Julian Critchlow Arbitration

£Most compelling was the detail in the Egyptian papyri£ disputes about the precise methods of quarrying stone, with the parties, the arbitrators and even the witnesses£ in a manner that brings the whole story to life£ Professor John Uff QC

£A very comprehensive book about arbitral jurisdiction in Ancient Greece is now available to the legal historian£ Gerhard Th£r Zeitschrift der Savigny-Stiftung

£This is a historical study aiming to present as accurate a picture as possible of arbitration in the Greek world along with as comprehensive a collection of ancient evidence as possible. In these terms it succeeds admirably' Professor Michael Gagarin Ordia Prima
ISBN0-9537730-1-9
NotesHardback, 420 Pages
Year2001
Price£30
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TitleA MISCELLANY OF DISPUTES
AuthorDerek Roebuck
AbstractThe first anthology of stories about disputes resolved without litigation, from rich sources from old and new China, Ancient Greece, Rome, Aesop£s fables, medieval England, French vaudeville, as well as Shakespeare, Chaucer, the romantic novel and Stravinsky as arbitrator. What may surprise many is the role that women have played as arbitrators since history began.
Reviews£I began to read one story, then another. I began to chuckle£. Story after story kept me gripped£ Professor Michael O£Reilly Arbitration
ISBN0-9537730-0-0
NotesHardback, 128 Pages
Year2000
Price£15
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TitleA Digest of Hong Kong Criminal Procedure
AuthorGeneral editor Derek Roebuck; Chinese General editor Zhao Bingzhi
AbstractThis is the digest of the law of criminal procedure which completed the Chinese Digest project. It presents in an accessible form the rules which govern the application of criminal law in Hong Kong.
ISBN7-301-13440-7
NotesEnglish and Chinese; published Peking University Press; UK distribution HOLO Books
Year1997
Price£30
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TitleA Digest of Hong Kong Criminal Law
AuthorGeneral editor Derek Roebuck; Chinese editor Zhao Bingzhi
AbstractFrom the descriptive text, now in Chinese, it is possible to extract the principles and present them in the form of a digest, in many respects a code without legislative authority. This is that digest of criminal law in Hong Kong. For the first time, Chinese readers in Hong Kong can find the law which governs their daily lives.
ISBN7-301-03194-7
NotesEnglish and Chinese; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Procedure of Hong Kong: a descriptive text (Chinese)
AuthorGeneral editor Derek Roebuck; Chinese editor Zhao Bingzhi
AbstractThe next stage in creating a digest is to translate the descriptive text into the target language, Chinese. This is a translation of the English text on criminal procedure.
ISBN7-301-03228-5
NotesChinese; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Procedure of Hong Kong: a descriptive text
AuthorGeneral Editor: Derek Roebuck
AbstractIn the creation of the digest of criminal law, it became clear that criminal procedure was best dealt with separately. This is the comprehensive description of the law of criminal procedure in Hong Kong in English.
ISBN7-301-03193-9
NotesEnglish; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Law of Hong Kong: a descriptive text (Chinese)
AuthorGeneral editor Derek Roebuck; Chinese editor Zhao Bingzhi
AbstractThe next stage in creating a digest is to translate the descriptive text into the target language, Chinese. This is a translation of the English text on criminal law.
ISBN7-301-03089-4
NotesChinese; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Law of Hong Kong: a descriptive text
AuthorGeneral Editor: Derek Roebuck
AbstractExperience in producing A Digest of Hong Contract Law showed that the most effective way of preparing a digest is to start by creating a comprehensive description of the law in its own language, English. This is that descriptive text of the criminal law of Hong Kong.
ISBN7-301-02959-4
NotesEnglish; published Peking University Press; UK distribution HOLO Books
Year1995
Price£30
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TitleA Digest of Hong Kong Contract Law
AuthorGeneral Editor: Derek Roebuck
AbstractNine out of ten people in Hong Kong speak Cantonese and read Chinese; few are functionally bilingual in English. The Basic Law retains the English Common Law principles. The Chinese Digest sets out to provide practitioners and scholars with translations of that law into Chinese. This is the first volume, containing the general principles of the law of contract.
ISBN7-301-02887-3
NotesEnglish and Chinese; published Peking University Press; UK distribution HOLO Books
Year1995
Price£30
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