Trevor Hartley

Email: t.c.hartley@lse.ac.uk
Administrative support: Gillian Urquhart
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 a course on European Law in a Global Context. He has been a visiting professor at the Universities of 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)

  • Member of the UK Delegation at the Hague Conference on Private International Law

  • Joint Reporter at the Hague Conference on Private International Law for the Convention on Choice of Court Agreements

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

  • Chaired a meeting at the US Patent and Trademark Office on choice-of-court agreements and intellectual property.

 

Teaching


Books


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.

 

European Union Law in a Global Context. Cambridge University Press, 2004.

EU Law in a Global Context - cover

European Union Law in a Global Context is a comprehensive introduction to European law in its international context. Trevor Hartley provides an explanation of the basic principles of each topic covered. He examines the institutions of the EU and the law-making process; the European Court and international adjudication; EU law (and international law) in national courts; human rights, especially under EU law and the ECHR; the international relations of the EU; remedies under EU law; and the elements of the free movement of goods, persons and services. The coverage of the practical application of EU law in British courts will meet the requirements of those intending to become practitioners, and the inclusion of extracts from leading cases, as well as from the EC treaties and other instruments, ensures that everything the reader will need is contained in a single volume.

 

Constitutional Problems of the European Union (Hart Publishing, 1999).

Constitutional Problems of the European Union

This book discusses some of the most important constitutional problems of the European Union: the role of the European Court and whether it is an objective interpreter of European law; the unusual nature of Community law; the principles on which the division of powers between the Union and Member States is based; the problem of enforcement and the different levels of compliance in different Member States; and the question whether sovereignty has been transferred to the EU. It is written for both specialist and non-specialist lawyers,as well as for students of government, European studies and international relations. To make it intelligible on different levels, the text has been used to develop general ideas, while the more specifically legal issues are explored in footnotes. It is hoped that the book will be of interest to all those who want to learn more about the basic issues of the Community.

 

Selected articles / chapters in books


“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

 

“How to Abuse the Law and (Maybe) Come Out on Top” in Law and Justice in a Multistate World (Essays in Honor of Arthur von Mehren) edited by James A R Nafziger and Symeon Symeonides (Transnational Publishers, Ardsley, NY, 2002), pp. 73–81

Law and Justice - cover

For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform.

 

 

 

“Matrimonial (Marital) Property Rights in Conflict of Laws: A Reconsideration” in James Fawcett (Ed.), Reform and Development of Private International Law: Essays in Honour of Sir Peter North (Oxford University Press, 2002), pp. 215–235

Reform and Development - cover

This collection of essays by his friends and colleagues honours Sir Peter North's remarkable career and outstanding contribution to private international law. It takes as its theme the reform and development of private international law, reflecting the three different levels at which the development and reform of private international law takes place. Robin Morse discusses the creeping codification of private international law. Trevor Hartley draws attention to an area of private international law, that relating to matrimonial property, which is entirely judge-made. Joost Blom shows how quickly the judges, in this case in the Supreme Court of Canada, can develop private international law once they set their mind to it. Sir Lawrence Collins discusses the concept of comity in modern private international law. Writers too have had their part to play in the development of private international law; this is the subject of the contribution by Ole Lando. Kurt Siehr looks at the impact of international instruments on national private international law and the problems that this throws up.

 

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

Constitutional character of EU as system where legal rules owe their validity to treaties under international law, and extent to which it is separate legal system from international law focusing on direct effect and supremacy.

 

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

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