Chapter 2 introduces key economic concepts that are used throughout the remainder of the text. Concepts of supply and demand are introduced, as well as the concept of must-have trading partners, economies of scale and scope, and how they lead to monopoly outcomes. Welfare economics is introduced as the sum of producers’ and consumers’ surplus, leading to a discussion of deadweight loss. Basic principles of transactions cost economics are introduced, including the concept of sunk relationship- specific investments and the theory of hold-up. The chapter concludes with a discussion of vertical integration and long-term contracts as solutions to the hold-up problem.

This chapter draws out international laws applicable to ensure the navigational safety of submarines and to establish what laws apply when a submarine is ultimately lost at sea. The discussion is concerned with both military and private submarines during times of peace. To avoid collisions, submarines must account for surface traffic as well as submerged traffic and deploy appropriate signals and sounds. Submarines prompt distinct questions with regards to navigational safety. Where a submarine is in distress and ultimately sinks, consideration is further needed as to international law rules on search and rescue, as well as the law of wrecks and possible salvage. For submarines that have been lost at sea for a long time, safeguarding underwater cultural heritage may become a key consideration. When lost at sea, the relevant laws are comparable to other ships or warships but the difficulty rests in the interaction of those rules.

The use of submarines in World War II and the development of submarine technology into the Cold War had implications for different fields of international law. This chapter addresses the peace negotiations and agreements that were adopted after World War II, which concerned the decommissioning (to varying degrees) of submarines and efforts to revise the Montreux Treaty. International law developments were sometimes slow, as evident in responses to violations of the law of naval warfare. Equally, the chapter highlights the rise of nuclear technology in relation to submarines and the modest advances in international agreements on nuclear tests. Despite the growing strategic importance of submarines in the Cold War, their explicit regulation in the 1958 conference and treaties on the law of the sea was scant. Instead, international laws relating to the passage of warships and military activities on the high seas generally impacted international laws regulating submarine operations.

This chapter traces the legal development of trans rights advocacy away from a medical model towards one based on gender identity. This shift resulted in an expansion of both terminology and concepts to encompass a broader cohort of individuals than previously envisaged. This eventially led to attempts by activists to reform the law towards a self-identification model. Both the Scottish and the UK government proposed gender recognition reform. After consultation, the UK government abandoned the project, concerned about the impact on women’s rights, but the Scottish government pressed ahead, ultimately leading to a legal dispute when the UK government used a power within devolution law to prevent the Scottish Gender Recognition Reform Bill from obtaiingn Royal Assent. This Chapter analyses the impact that self-identification of sex would have had on women’s sex-based equality rights and the resulting legal challenge brought to the lawfulness of the UK goverment blocking Scottish gender recognition reform.

Empirical legal studies in EU law routinely, if not inevitably, engage with text. From the decisions of national courts applying EU law, applicants’ case filings, to the Court’s own jurisprudence, these texts are an invaluable source of information for researchers seeking to understand the dynamics involved in the shaping of EU law and its broader societal impact. Distilling relevant information from legal texts, however, is anything but trivial. Intended to serve as a reference manual, the chapter offers detailed guidelines to researchers of both law and political science interested in employing a text-as-data approach to the study of EU law. To this end, we elaborate on how to conceptualise real-life phenomena in a way that renders them conducive to measurement, providing practical guidance on hand-coding and the use of deep learning classifiers. Further, we address potential challenges arising in the specific context of EU law. This includes limitations to access to relevant documents, as well as ensuring inter-coder reliability in data collection efforts that require specialised legal expertise.

Chapter 12 offers a provocative and jurisprudentially ambitious argument: that sovereign equality requires states to submit to international adjudication or arbitration even in ordinary legal disputes that do not involve overlapping sovereign rights or powers.

Following World War I, the regulation of submarines was manifested in several signature developments that are discussed in this chapter. Following disarmament requirements in the Treaty of Versailles, the major powers further sought to limit armaments, especially submarines, through the negotiation of the 1922 Submarine Treaty and the 1930 London Naval Treaty. These agreements purported to restrict the number of submarines and other naval vessels held by any one State, but were ultimately unsuccessful. Also in the inter-war period, agreement was sought on the regulation of the Turkish Straits, with restrictions imposed on Turkey’s control over these waters and stipulating what vessels were allowed passage and under what conditions. Finally, the 1930 Hague Codification Conference entailed detailed discussions over the rights of warships, submarines and other vessels in the territorial sea. While this conference did not lead to the adoption of a treaty, the work achieved influenced subsequent codification efforts.

The Court of Appeal in Higgs v Farmor’s School has provided a detailed analysis of the relationship between anti-discrimination and human rights standards in the workplace where employees manifest protected beliefs. Unfortunately, this analysis suffers from a central flaw by presuming that if manifestation of belief is protected under direct discrimination, it will always be unlawful for an employer to interfere. It is this presumption which prompted the Court of Appeal to defend the introduction of a justification test into what was previously a factual analysis of causation, by deeming less favourable treatment in response to ‘objectionable’ manifestations to have not been ‘because of’ the protected belief itself. This chapter argues that such an approach is unnecessary because it responds to a problem which does not exist. It is simply incorrect to presume that protection from direct discrimination necessarily implies that any interference with the manifestation of a protected belief is directly discriminatory. The ordinary application of the Equality Act is already coextensive with the protections afforded under the European Convention on Human Rights. Any interpretation needed under s.3 of the Human Rights Act is needed within the sphere of indirect discrimination, not direct discrimination.

Chapter 1 introduces the concept of competition (or antitrust) law, the idea of the need for an economic foundation of competition law, and the goals of the competition law debate. The key benefits of the framework set out in this text are introduced. The objective of the text, the proposed audience, and the structure of the book are explained.

There is a long history of persecution of the Yazidi minority in Iraq. Following the rise of ISIS in the early 2010s, however, their status as non-Muslims rendered them particularly vulnerable. According to ISIS’ interpretation of Islamic law, Yazidis were infidels. Men who refused to convert were to be killed, and women enslaved. Therefore, when ISIS launched a surprise attack on Sinjar, a region heavily populated by Yazidis, all those who could immediately fled. Tens of thousands of Yazidis became stranded and besieged on Mt Sinjar, in extremely hazardous conditions. At imminent risk of genocide, they desperately sought assistance. Within days, a multifaceted international response enabled the vast majority of them to survive and escape. A key focus of the chapter is the nature of that response. It considers what led to the provision of emergency humanitarian aid, to the US military strikes that prevented further ISIS attack, and to the opening of a route to safety. Through careful examination of these critical events, it identifies the factors that mitigated genocide. The chapter concludes by reflecting on what lessons can be learned from this case study of resilience.

Chapter 10 applies the transactions cost theory to the context of digital platforms. This chapter starts with a discussion of digital platforms and their associated ecosystems, and the sunk investment made by complementors in reliance on the ecosystem hub (the digital platform). The chapter goes on to discuss the scope for hold-up, the economic harm from the fear of holdup, and how this threat is mitigated through commercial arrangements and reputation. The chapter also discusses how consumers may suffer from the exercise of hold-up (from reduced quality or privacy), even though they are not directly charged for platform services. These ideas have already been raised (although not treated systematically) in the digital platform literature. The chapter concludes with a discussion of what the theory might imply for regulatory controls on digital platforms, including a review of the EU Digital Markets Act.