Trevor Hartley

Email: t.c.hartley@lse.ac.uk
Room: New Academic Building 6.02
Tel. 020-7955-7253

Trevor Hartley started teaching at LSE in 1969 after five years at the University of Western Ontario, Canada. Since 2004 he has been Professor Emeritus of Law at LSE. He still teaches two courses on International Business Transactions and contributes to a course on Advanced Issues of European Law. He has been a visiting professor at the Universities of California (Berkeley), Michigan, Florida and Texas and at the College of Europe, Bruges.

see also Trevor Hartley's LSE Experts page

 
Research Interests

His current research interests centre on private international law (international litigation and conflict of laws) and the constitutional law of the European Union. He has recently completed a book of text, cases and materials on international commercial transactions and litigation entitled International Commercial Litigation (Cambridge University Press, 2009). He is now working on a new book on choice-of-court agreements in EU and international law. He continues to advise the Ministry of Justice on private international law.

 
External Activities
  • Member of the American Law Institute

    (elected in 1998)

  • Member of the European Group for Private International Law

    (GEDIP) (invited to join in 1991)

  • Member of the Standing Committee on Private International Law (appointed 2004)

  • Given evidence or delivered papers before committees of the House of Lords, the Swedish Parliament and the European Parliament

 
Books

Choice-of-Court Agreements under the European and International Instruments: The Revised Brussells I Regulation, the Lugano Convention, and the Hague Convention (Oxford University Press 2013)

This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected.

The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international application and subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of more specialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for any practitioner facing unfamiliar questions in the area.

 

 

The Foundations of European Community Law. Oxford University Press, Seventh Edition, 2010

The Foundations of European Union Law provides an impressively clear and easily understood account of the constitutional and administrative law of the EU. Hartley examines the institutions, the Union legal system and the major constitutional issues before moving on to the area of administrative law and remedies including the workings of the European Court and the Court of First Instance. The Treaty of Lisbon has brought about one of the most important reforms of EU law since the early days of European integration. In addition to significant institutional changes, the Treaty creates a new legal structure that will require lawyers and students of EU law to think in different terms. This new edition has been thoroughly revised to provide a clear and simple explanation of the basic principles of EU law as they have been recast by the Treaty of Lisbon. The important conceptual and functional changes introduced by the treaty are explained, showing how the new legal principles form a coherent system.

 

International Commercial Litigation (Cambridge University Press, 2009.

This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.

 

 
 
Selected articles / chapters in books

'Choice of Law Regarding the Voluntary Assignment of Contractual Obligations under the Rome I Regulation' International and Comparative Law Quarterly, volume 60 (2011), pp. 29–56


'Jurisdiction in Conflict of Laws – Disclosure, Third-Party Debt and Freezing Orders' Law Quarterly Review, volume 126 (2010), pp. 194–221


'"Libel Tourism" and Conflict of Laws' International and Comparative Law Quarterly, volume 59 (2010), pp. 25–38
 

“The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws” International and Comparative Law Quarterly, volume 54 (2005), pp. 813–828

 

'The Constitutional Foundations of the European Union' Law Quarterly Review, volume 117 (2001), pp. 225–246

 

'International Law and the Law of the European Union—A Reassessment' British Year Book of International Law, volume 72, [2001], pp. 1–35