International law Books

Book SynopsisInspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new attitude towards textuality in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law.After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book’s engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory.Trade Review‘If you are the rare kind of jurist on the international scene disposed to engage in introspection so radical that none of your epistemic postulates will be safe, not even your most evident assumptions (that the words of a law-text carry a meaning at once ascertainably present and transmissible, for example), if you think you can withstand the affective cost of such profound intellectual self-transformation, then this title might be your rare kind of book.’ -- Pierre Legrand, Ecole de droit de la Sorbonne, FranceTable of ContentsContents: Preface 1. Meaning and form in international law 2. Meaning-centrism in international law 3. Deferral of meaning in international law 4. After meaning Epilogue Bibliography Index

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Book SynopsisThis timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.Featuring contributions from more than 20 leading EU scholars and emerging voices, the book develops four themes through which it advances a research agenda for the study of the EU as a good global actor. The book begins by unpacking the complexities of the EU as a global trade actor, before discussing ‘good’ trade governance and a deeper trade agenda, the issue of data governance in digital trade and in other regulatory frameworks, and finally the institutional dimension of EU actorness.Understanding the EU as a Good Global Actor will be a crucial read for scholars and students in EU law and politics, particularly those with an interest in EU governance, trade and external relations. It will also prove useful for policy makers both within and outside the EU.Table of ContentsContents: Introduction: understanding the EU as a good global actor: whose metrics? 1 Elaine Fahey and Isabella Mancini PART I THE COMPLEXITIES OF THE EU AS A GLOBAL ACTOR IN TRADE 1 Europe’s power surplus: legal empathy and the trade/ regulation nexus 19 Ignacio Garcia Bercero and Kalypso Nicolaïdis, 2 Leverage in trade agreements and linkages – challenges to the trade and rights linkages 37 Maria Garcia 3 Market Power Europe? Exporting EU disciplines on domestic services regulations through trade agreements 53 Billy Melo Araujo 4 Environmental allies and trade competitors: a comparative analysis of US and EU governance models for the trade-and-climate nexus 74 Jean-Baptiste Velut PART II ON ‘GOOD’ TRADE GOVERNANCE: THE EMERGING AMBITIONS AND VALUES OF A DEEPER TRADE AGENDA 5 The role of values in EU external relations: a legal assessment of the EU as a ‘good’ global actor 92 Ramses A. Wessel and Yuliya Kaspiarovich 6 The EU acting through free trade agreements: the case of sustainability and public procurement 107 Martin Trybus 7 The role of the EU in making ‘sustainable’ labour linkages in contemporary trade: is being ‘assertive’ also ‘good’? 124 Tonia Novitz 8 The Carbon Border Adjustment Mechanism and the challenge of being a ‘good’ climate and trade actor 141 Eva Pander Maat 9 Empowering women in trade: how gender responsive are the EU’s trade agreements? 158 Clair Gammage PART III ON ‘GOOD’ DATA GOVERNANCE: THE EMERGING AMBITIONS AND VALUES IN DATA FLOWS 10 The emperor’s new clothes – data privacy and cybersecurity from a European perspective 176 Jörg Polakiewicz 11 The EU’s trade policy on cross-border data flows in the global landscape: navigating the thin line between liberalizing digital trade, ‘digital sovereignty’ and multilateralism 192 Svetlana Yakovleva 12 Comparing the EU’s and China’s approaches in data governance 209 Xuechen Chen and Xinchuchu Gao PART IV THE EU INSTITUTIONAL DIMENSION OF ‘GOOD’ TRADE GOVERNANCE 13 Democratization of good global governance: the EU’s role in the parliamentarization of trade policy 227 Wolfgang Weiss 14 The EU as a good global actor in international economic relations: the role of parliaments 245 Ewa Żelazna 15 The approach of the CJEU to international law: towards a context-specific approach 261 Eva Kassoti and Graham Butler 16 Sustainable development chapters in EU FTAs and dispute settlement: lessons learned from Ukraine – Wood Products and Korea – Labour Rights 277 Gesa Kübek Index

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Book SynopsisThis Concise Encyclopedia provides a comprehensive overview of the rapidly developing field of migration and asylum law. It brings clarity on key terms and critical notions, while challenging misconceptions in this highly politicized sphere.

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Book SynopsisThis book examines the role of imagination in initiating, contesting, and changing the pathways of global cooperation. Building on carefully contextualized empirical cases from diverse policy fields, regions, and historical periods, it highlights the agency of a wide range of actors in reflecting on past and present experiences and imagining future ways of collective problem solving.Chapters analyse the mobilizing, identity, cognitive, emotional, and normative effects through which imaginations shape pathways for global cooperation. Expert contributors consider the ways in which actors combine multiple layers of meaning-making through practices of staging the past and present as well as in their circulation. Exploring the contingency and open-endedness of processes of global cooperation, the book challenges more systemic and output-oriented perspectives of global governance. Its synthesis of ways in which imaginations inform processes of creating, contesting, and changing pathways for global cooperation provides a novel conceptual approach to the study of global cooperation.Interdisciplinary in approach, this authoritative book offers new ways of thinking about global cooperation to scholars and students of international relations, development studies, law and politics, international theory, global sociology, and global history as well as practitioners and policy-makers across various policy fields.Trade Review‘This excellent volume courageously recasts the study of global cooperation. Instead of looking to the past to make sense of where the world finds itself today, it boldly inquires how the future is imagined in the present. Instead of looking at the state of global cooperation through the lofty ideals of philosophers, it offers a rich perspective through the eyes of practitioners, academics, and activists. And instead of treading customary ground in international relations theory, it melds a rich interdisciplinary tableau to capture the practice, emotion, and aspirational elements that move global governance day-to-day. In short, this book richly rewards readers with new ways to imagine the future of global cooperation.’ -- Orfeo Fioretos, Temple University, US‘This exciting collection combines sharp theoretical analysis with a rich array of illuminating case studies to show the powerful role played by creative human imagination in shaping transformative processes of global cooperation. In departure from established understandings of global change as rigidly constrained by deterministic historical structures or rationalized institutional procedures, it makes a compelling case that processes of collective imagining – drawing together symbolic representations, emotions, and normative beliefs – can forge new cooperative pathways in confronting the challenges of twenty-first world politics.’ -- Terry Macdonald, University of Melbourne, Australia‘This superb volume offers an innovative and inspired perspective on global cooperation that centres the work of the imagination as an essential driver of the processes through which unscripted cooperation pathways emerge and open up new trajectories of collective action. In doing so, it delineates a more hopeful vision for a future that is not determined by the patterns and outcomes of the past, but driven by the converging aspirations of those willing to invent it.’ -- Inanna Hamati-Ataya, University of Cambridge, UKTable of ContentsContents: Preface xii 1 Imagining pathways for global cooperation: an introduction 1 Katja Freistein, Bettina Mahlert, Sigrid Quack and Christine Unrau PART I INITIATING COOPERATION 2 Imagining, visualizing, and narrating peace through trade: free trade networks, world exhibitions, and pathways of global cooperation 30 Wolfram Kaiser 3 The ‘true utopia’? Riace, Wim Wenders’ Il Volo, and the prefigurative politics of migration 52 Christine Unrau 4 Migration as a human right: pathways of global solidarity at the borders of Europe 70 Stefania Maffeis PART II CONTESTING COOPERATION 5 Pathways of immunity, customary law, and the creation of an authoritative past 92 Katja Freistein and Wouter Werner 6 Entangled imaginaries and bonds of shared pain: the case of Kashmiri and Palestinian resistance 108 Amya Agarwal 7 Pathways and the politics of anticipation: imagining the corridor for international climate cooperation 126 Jeroen Oomen and Silke Beck PART III CHANGING COOPERATION 8 The Sphere Project: imagining better humanitarian action through reflective accountability institutions and practices 147 Maryam Z. Deloffre 9 Imagining credible standards: what’s driving the ISEAL alliance? 170 Christine Overdevest 10 From per capita income to the Human Development Index: a pathway for imagining development through numbers 188 Bettina Mahlert 11 Envisioning the oikoumene: interfaith networks of social activism between Europe and Latin America 209 Joanildo Burity 12 Creating, challenging, and changing pathways for cooperation through imagination 230 Katja Freistein, Bettina Mahlert, Sigrid Quack and Christine Unrau Index

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Book SynopsisThis Concise Encyclopedia provides a definitive and comprehensive overview of the emerging field of sports law. Entries identify the core principles, relevant regulatory basis and seminal jurisprudence of each topic.

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Book SynopsisThe author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. By looking at the premise, rather than the implication, the author presents the arcane areas of intersection between access to justice, as a foundational theory for third party funding, and the arbitration funding practice that lacks a unifying framework. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder. This book will be of interest to third party funders, arbitrators, lawyers, arbitral institutions, academics, and law students.Trade Review‘The past two decades have witnessed a sea change in the third-party funding of claims submitted to arbitration, both domestic and international. That evolution is reflected in Dr. Sweify’s sophisticated understanding of the forces driving the expansion of and innovation in the third-party funding market. His well-organized and clearly written monograph not only identifies the myriad policy and legal issues involved in third-party funding across different jurisdictions, it also provides an insightful analysis of the financial, economic, and legal factors that underlie funders’ risk assessment of claims and how that risk is managed. His book deserves a prominent place in the libraries of scholars, practitioners, financiers, after-the-event insurers, amongst other stakeholders.’ -- Arif Hyder Ali, Dechert LLP. Washington, D.C., US‘Dr. Mohamed Sweify' s excellent monograph takes us beyond the original questions that first animated debates about third-party funding in international arbitration (TPAF). In this thoughtful and well-written work, Sweify identifies and addresses what might be called a “new generation” of questions about TPAF. In this work, he not only raises questions, but also offers meaningful, practical solutions. In this aim, he seeks to develop a new methodology to analyze the key issues, proposes alternative means for structuring TPAF, and makes a renewed call for intelligent regulation in the field. This book is crucial reading for arbitration practitioners, policymakers, and funders themselves, whether they are likely to agree or need to respond to the points the book raises.’ -- Catherine Rogers, Università Bocconi, Italy‘With the rise in third party funding in international arbitration it has become a subject with which every practitioner and arbitrator must become familiar. Professor Sweify has penned a remarkably cogent and comprehensive book that also flags the issues and offers new and interesting perspectives on solutions. It should be on every bookshelf.’ -- Edna Sussman, Arbitrator, FCIArb; Distinguished Practitioner in Residence, Fordham Law School USTable of ContentsContents: Foreword Professor Jack J. Coe, Foreword Justice Jenny Rivera Preface Introduction – Third party funding: profit concentration 1. Mapping third party funding 2. Abandoned promise 3. A historical framework 4. Asymmetric imbalances 5. Regulation calculus 6. Nurturing the promise Index

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Book SynopsisIn this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system’s practical experience within its normative context.Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law.Deeply grounded in evidence, illuminating, comprehensive and timely, Causation in International Law will be key reading for academics, postgraduate students and practising lawyers in the areas of public international law and legal theory.Trade Review‘Alexander Orakhelashvili demonstrates once again his flair and talent for drawing important notions of international law out of doctrinal darkness, mystery or oblivion. He conducts the investigation on causation with his distinctive analytical style which combines comprehensiveness, thoroughness, description and a progressive spirit. The result is,as usual, a must read.’ -- Robert Kolb, University of Geneva, SwitzerlandTable of ContentsContents: Introduction 1. Causation in national legal systems 2. Causation and the structure of the law of State responsibility 3. Causation in judicial and State practice 4. A critique of some theoretical approaches relevant to causation 5. Conclusion Index

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Book SynopsisWith contributions from over 135 international experts, this Encyclopedia provides an expansive overview of the emerging field of animal law. Focusing on the legal regulation of human interactions with non-human animals, the volume serves as an insightful guide to how the law can promote the wellbeing of animals as well as the environment.

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Book SynopsisThis illuminating monograph examines analytical and practical aspects of the relationship between international law and international politics, providing a comprehensive analysis of the foundations on which both the international legal system and international politics rest.With an interdisciplinary perspective, Alexander Orakhelashvili compares and contrasts the methods of international legal reasoning with international relations as a discipline, focusing on timeless and central issues that connect the past, present and future. The book examines, through the use of both disciplines' methodology, some more specific areas such as public authority, global space, and peace, with the overall outcome that political contempt towards the international legal system could have unexpected and costly adverse political consequences.Examining a broad range of theories and literature, International Law and International Politics will be an invigorating read for academics, students and practitioners of international law, international relations, politics, and diplomacy.Trade Review'Alexander Orakhelashvili's International Law and International Politics is a courageous endeavour to find common ground between the disciplines of international law and international relations. While both disciplines study the same phenomena, in terms of methodological approach, they may sometimes seem worlds apart. Intriguingly, Dr Orakhelashvili shows that the dominant theoretical streams in international law and international relations, namely legal positivism and political realism, are in fact based on the same rationales.' -- Cedric Ryngaert, Utrecht University, the NetherlandsTable of ContentsContents: Introduction 1. State as basic units 2. Law, power and politics 3. The foundational framework 4. Models of authority and governance 5. Law, power and global space 6. Peace and war Conclusion Index

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Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index

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Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index

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Book SynopsisThis illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage, and highlights challenging concepts, including the principle of participation and community and the nature of safeguarding. Through the analysis and synthesis of empirical data, the book also identifies new developments in cultural heritage law. This book will be an essential resource for scholars and students of cultural heritage law, as well as anthropology, ethnology, and cultural studies. Its panorama of national experiences will also be beneficial for persons involved in the safeguarding of intangible cultural heritage, including policy makers and NGOs. Trade Review'The legal regimes related to intangible cultural heritage are extraordinarily complex. This book succeeds in showing this complexity. It presents a remarkably comprehensive picture of regulatory approaches at international, national and local level, the implementation of the UNESCO Convention and the relationship of intangible cultural heritage to various fields of law. The book throws up many questions for further inquiry and is highly recommended reading for everyone seeking a nuanced understanding of this emerging field of multidisciplinary research and practice.' --Christoph Antons, The University of Newcastle, AustraliaTable of ContentsContents: Foreword viii 1 Introduction: dialogues between international and national laws relating to intangible cultural heritage 1 Marie Cornu and Anita Vaivade PART I THE STANCE OF STATES TOWARDS THE CATEGORY OF ‘INTANGIBLE CULTURAL HERITAGE’ 2 Linking new intangible cultural heritage law with a legal past 16 Anita Vaivade 3 Receiving in domestic law concepts born by the 2003 Convention: focus on the notion of community 44 Vincent Négri 4 Defining the perimeter of the intangible cultural heritage: focus on language 54 Marie Cornu PART II INTERACTIONS BETWEEN INTANGIBLE CULTURAL HERITAGE AND OTHER FIELDS OF LAW 5 The interactions between intangible cultural heritage and environmental law 69 Jérôme Fromageau 6 The interactions between intangible cultural heritage and human rights 81 Clea Hance 7 The interactions between intangible cultural heritage and intellectual property law 97 Lily Martinet PART III NATIONAL LEGAL TOOLS TO SAFEGUARD THE INTANGIBLE CULTURAL HERITAGE 8 The capacities of safeguarding intangible cultural heritage as legal tools 124 Marie Cornu and Clea Hance 9 Translating the 2003 Convention into national laws 135 Līga  bele 10 Defining intangible cultural heritage through inventories 145 Lily Martinet PART IV JUSTICIABILITY AND JUDICIALIZATION OF INTANGIBLE CULTURAL HERITAGE 11 Balancing animal rights and the safeguarding of the intangible cultural heritage 153 Lily Martinet 12 The judicialization of heritagization procedures 164 Clea Hance and Lily Martinet 13 The judicialization of the tension between the cultural identity of states and intangible cultural heritage 173 Clea Hance Afterword: intangible heritage and national law 181 Index

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Book SynopsisThe increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation.Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. WalkerTrade Review'For a subject the editors acknowledge to be as yet unformed, this book provides an impressive collection of substantive contributions, offering sometimes tentative, sometimes bold perspectives that range across its contested terrain. The immense significance of the subject and its potentially far-reaching implications are clearly accessible through the quality of these contributions. The prospects for an informed appreciation of the subject's future development are reinforced by the editors' own careful introductory commentary and measured concluding reflections.' --Andrew Halpin, National University of SingaporeTable of ContentsContents: Introduction Roger Cotterrell and Maksymilian Del Mar PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES 1. Authority, Solid and Liquid, in Postnational Governance Nico Krisch 2. Claims to Authority, Legal Systems, and Dynamic Social Phenomena Keith Culver and Michael Giudice 3. The Modern State and the Concept of Authority Michel Troper 4. Law’s Authority and Overlapping Jurisdictions Haris Psarras PART II CONSTITUTIONALISM AND PLURALISM 5. The Antinomies of Constitutional Authority Neil Walker 6. The Evolution of Global Legal Pluralism Paul Schiff Berman PART III HISTORICISING AUTHORITY 7. Informal Authorities in European Private Law Nils Jansen 8. Imaginaries of Authority: Towards an Archaeology of Disagreement Maksymilian Del Mar PART IV METHODS: NORMATIVE, SOCIOLOGICAL, AND ANTHROPOLOGICAL 9. Transnational Legal Authority: A Socio-Legal Perspective Roger Cotterrell 10. From Authority to Authorities: Bridging the Social / Normative Divide Nicole Roughan 11. When Transnational Authority is Contingent: Three African Instances Sally Falk Moore PART V THE PRIVATISATION OF AUTHORITY AND THE INTERNATIONAL ECONOMY 12. Theorising Transnational Authority: A Private International Law Perspective Horatia Muir Watt 13. Expertise and Authority in Transnational Governance Sigrid Quack Concluding Reflections: Transnational Futures of Authority Roger Cotterrell and Maksymilian Del Mar Index

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Book SynopsisThis pioneering Research Handbook provides a comprehensive and in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Organized into four broad themes, the Research Handbook offers important and unique insights into the dynamic and complex nature of soft law. The first section delves into the conceptual history and development of soft law. Second, the Handbook explores the disciplinary understandings of soft law, examining how scholars from different fields investigate the topic. The third theme focuses on the public and private actors and institutions involved in soft law-making, providing a detailed analysis of the complex relationships that shape soft law. Finally, the fourth theme explores the role of soft law in addressing major global societal challenges, including among others climate change, gender inequality, and the regulation of artificial intelligence. This Research Handbook will be a key resource for students and scholars in constitutional and administrative law, public international law, regulation and governance, public administration and policy, and law and politics. Practitioners and policymakers seeking to better understand the role of soft law in domestic and international law, policy and governance will also find this book beneficial.Trade Review‘This is a terrific collection on a subject of perennial interest, particularly (although not only) for international and European law scholars and practitioners. The editors have assembled a stellar line-up of contributors to address many of the persistent issues which the use and proliferation of soft law raise, including the reasons for its emergence as well as its impact, authority, limitations and future challenges.’ -- Gráinne de Búrca, New York University, US‘Soft law is at once a welcome addition to the instruments for governing and a challenge to traditional ideas of law and governance. This Research Handbook provides a thorough and thoughtful examination of the nature of soft law and its contributions to governing at the national and transnational levels. It is essential reading for scholars of law, political science, economics and governance.’ -- B. Guy Peters, University of Pittsburgh, US‘While soft law is increasingly central, its fuzziness – sitting between law and politics; the local and the global; the public and the private – makes it difficult to grasp for academics and practitioners alike. Into this darkness, this Research Handbook shines bright light, examining both soft law’s history and its development across policy fields. For its intellectual depth and empirical rigour, it deserves to be widely read.’ -- Mark Dawson, Hertie School, Germany‘This Elgar Research Handbook on Soft Law provides critically important, grounded case studies of soft law in action across key policy fields, combined with conceptual and normative analyses for governance going forward, with significant implications for the major challenges that our societies face, from climate change, AI, and financial crises, to social inclusion and the rule of law.’ -- Gregory Shaffer, Georgetown University Law Center, USTable of ContentsContents: Introduction to Research Handbook on Soft Law 1 PART I DEFINITIONS, HISTORY AND CONTEXT 1 Bamboo, or governance through soft law: hybridity, legitimacy, and sustainability 9 Francis Snyder 2 Soft Law: an historical introduction 30 Nils Jansen 3 The definition of soft law 42 Fabien Terpan 4 An economic analysis of soft law as a regulatory tool 55 Michael Faure and Niels Philipsen 5 Anthropology and soft law 70 Filippo M. Zerilli 6 Democracy and soft law 86 Ulrika Mörth PART II DISCIPLINES, REGIMES AND AUTHORITY 7 Soft law in European public law 100 Bruno De Witte 8 Better regulation as soft law 115 Claudio M. Radaelli and Gaia Taffoni 9 Rules and responsibilities: Business and social norms in transnational governance 131 Boris Holzer 10 Soft law, technical standards and European private law 144 Hans-W. Micklitz 11 Soft authority in global governance 161 Jan Klabbers 12 International standards and the dilution of responsibility 176 Ingrid Gustafsson Nordin and Kristina Tamm Hallström PART III ACTORS, INSTITUTIONS AND MAKING OF SOFT LAW 13 Soft law and courts: saviours or saboteurs of the rule of (soft) law? 190 Mariolina Eliantonio and Emilia Korkea-aho 14 EU economic governance, agencies and soft law: an accountability challenge for the courts? 207 Jacint Jordana and Joan Solanes Mullor 15 Fictions and fuzziness: Soft law rule-making among the EU’s decentralized agencies 223 Steven Vaughan 16 Administrative guidance in the United States 237 Blake Emerson 17 Soft law making at the European Commission: Not much of a one-institution show 252 Oana Stefan 18 Beyond norm entrepreneurs: Civil society and the framing of the ‘legal’ through soft law 271 Rene Urueña and Rafael Tamayo-Álvarez 19 The Open Method of Coordination (OMC): A hybrid tool of political leverage in the making 287 Minna van Gerven and Sabina Stiller 20 Studying the EU soft law cycle: the role of domestic factors 303 Anne Ausfelder, Adam Eick and Miriam Hartlapp PART IV CRISES, CHALLENGES AND CHANCES 21 Fighting a hard battle with a soft weapon: Is international climate change law softening? 320 Kati Kulovesi and María Eugenia Recio 22 Soft law in city regulation and governance 337 Astrid Voorwinden and Sofia Ranchordás 23 Soft law and citizenship regimes 353 Timothy Jacob-Owens and Jo Shaw 24 Soft law: Booster or brake for the promotion of gender equality in the EU? 368 Birte Böök and Linda Senden 25 Soft law and the rule of law crisis 391 Joelle Grogan and Clara van Dam 26 The role of soft law in the context of the financial crisis 407 Alexander H. Türk 27 Soft law governance in the field of AI: A European perspective 423 Frederik Schade and Mikkel Flyverbom Index

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Book SynopsisNow in its second edition, Dinah Shelton's pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today. Key features of this rigorously revised second edition include: Balanced, interdisciplinary coverage of both regional and international variations in human rights law, probing current challenges to the global regime Concise yet scrupulous coverage of historical and philosophical themes that have culminated in the present legal regime Updated statistics and ratification numbers to elucidate recent developments in human rights law. Succinct and cutting-edge, this second edition will be an invaluable guide for seasoned academics and researchers in the field, as well as students at all levels who require a comprehensive introductory text. Its practical insights and key statistical data will also provide a versatile reference point for practitioners in the field.Trade Review'International human rights law has become increasingly complex in its substantive standards, institutional structures, and interface with national law. Dinah Shelton harnesses a lifetime of experience in studying and practicing human rights law to provide an exceptional overview of the field, rich with penetrating insights, fit for beginners and specialists alike.' --Sean D. Murphy, George Washington University, US'This book provides a solid understanding of international human rights law at a time of increasing complexity, fragmentation and contestation. With depth and perspective, Dinah Shelton threads critical historical moments in the development, application and enforcement of this law. An invaluable source of knowledge and inspiration for anyone interested in the power and limits of international legal argument and available remedies for defending human rights.' --Jessica Almqvist, Lund University, SwedenTable of ContentsContents: Preface 1. Concepts and foundations 2. Historical overview 3. International institutions 4. The law of human rights 5. The rights guaranteed 6. Obligations 7. Compliance and monitoring mechanisms 8. Complaint procedures 9. Enforcement 10. Stock-taking Bibliography Index

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Book SynopsisNow in its second edition, Dinah Shelton's pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today. Key features of this rigorously revised second edition include: Balanced, interdisciplinary coverage of both regional and international variations in human rights law, probing current challenges to the global regime Concise yet scrupulous coverage of historical and philosophical themes that have culminated in the present legal regime Updated statistics and ratification numbers to elucidate recent developments in human rights law. Succinct and cutting-edge, this second edition will be an invaluable guide for seasoned academics and researchers in the field, as well as students at all levels who require a comprehensive introductory text. Its practical insights and key statistical data will also provide a versatile reference point for practitioners in the field.Trade Review'International human rights law has become increasingly complex in its substantive standards, institutional structures, and interface with national law. Dinah Shelton harnesses a lifetime of experience in studying and practicing human rights law to provide an exceptional overview of the field, rich with penetrating insights, fit for beginners and specialists alike.' --Sean D. Murphy, George Washington University, US'This book provides a solid understanding of international human rights law at a time of increasing complexity, fragmentation and contestation. With depth and perspective, Dinah Shelton threads critical historical moments in the development, application and enforcement of this law. An invaluable source of knowledge and inspiration for anyone interested in the power and limits of international legal argument and available remedies for defending human rights.' --Jessica Almqvist, Lund University, SwedenTable of ContentsContents: Preface 1. Concepts and foundations 2. Historical overview 3. International institutions 4. The law of human rights 5. The rights guaranteed 6. Obligations 7. Compliance and monitoring mechanisms 8. Complaint procedures 9. Enforcement 10. Stock-taking Bibliography Index

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Book SynopsisThis insightful book thoroughly examines how the EU's return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.Set against the background of the classic doctrine on the 'autonomy of EU law' and the EU's objective to 'develop international law', Tamás Molnár depicts a legally sound and elaborate picture of the EU’s return acquis vis-à-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU's return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice.Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.Trade Review‘Overall, the volume’s most remarkable contribution is the examination of the theoretical foundations of EU legal order vis-à-vis international law from a migration law perspective, one that has been so far largely disregarded. Molnár provides a very comprehensive and detailed overview of the interactions between EU and international law in this field; in doing so he has also illuminated the topic of migration and expulsion of irregular migrants, drawing attention to the field beyond its immediate sector and attempting to draw conclusions that contribute to a more comprehensive debate on general principles of EU law.’ -- Eleonora Celoria, Common Market Law Review‘By exploring the question of return from the perspective of a multifaceted relationship between EU and international law, the book proves to be a unique contribution to the existing literature in the field. It enriches the literature devoted to both the EU and international legal orders. This book is timely and relevant as the negotiations on the recast Return Directive are ongoing and an overriding objective of the EU’s new Pact on Migration and Asylum19 is to increase the number of returns.’ -- Izabella Majcher, Hungarian Yearbook of International Law and European Law‘Molnár’s book brilliantly helps us understand how the EU has been and will be able to influence the international law making in the field of migration and human rights.’ -- Andrea Maria Pelliconi, City Law Forum'This book is not only an extremely interesting one on the return of irregular migrants that is a must read for migration specialists, but it is also an excellent essay about the complex subject of the autonomy of EU law and its relations with international law to recommend to all EU lawyers.' -- Philippe de Bruycker, Université Libre de Bruxelles, Belgium'This book is a must read for anyone interested in the intersection of EU and international law in the area of migration and specifically expulsion (known as ''return'' in EU parlance). The book is both authoritative and profound in its examination of the relative weakness of the EU's incorporation of international standards in this area as opposed to more generally. The arguments are exceptionally well developed and supported.' -- Elspeth Guild, Queen Mary University of London, UK'In times when return and readmission policies shape public and policy discourse in the area of migration management both within the EU but also internationally, this book could not be more timely. It is an important milestone in the study of the EU and international law relating to return of irregular migrants, masterfully elucidating not only the interaction between the two legal regimes but also the way the EU can exercise its normative power in this important domain.' -- Sergo Mananashvili, Senior Advisor, Migration Dialogues and Cooperation, ICMPD‘Analysing interactions between EU and international law in the specific field related to return of migrants, this book reveals intriguing dynamics. As a unique contribution to legal scholarship, it explores how the EU Return Directive has been inspired by international law, whereas CJEU case law has prioritized autonomy of EU law. Yet, attempting to shape international law, the EU engaged with UN and regional standard-setting processes on returns. Dr Molnár convincingly demonstrates that the EU seeks to influence international law from which it claims autonomy and which the Union is constitutionally committed to respect.’ -- Izabella Majcher, European Council on Refugees and ExilesTable of ContentsContents: Preface 1. Introduction to The Interplay between the EU’s Return Acquis and International Law 2. ‘Fifty shades’ of separateness of EU law from international law: the autonomy and openness of the EU legal order 3. The influence of international migration law and human rights law on the EU return acquis 4. From EU law towards international law: the EU’s role in shaping the international legal order 5. The impact of the EU return acquis on the international law regimes governing the ‘expulsion of aliens’ 6. General conclusions: assessing the landscape Bibliography Index

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Book SynopsisInternational law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse.The author, together with invited contributors, builds an argument around theories of epistemological justification. As chapters contend, in international legal discourse, the construction of knowledge about international law presupposes some notion of an international legal system. International legal discourse accommodates several such notions. Each notion derives from a different conception of law. Thus, depending on whether a researcher endorses a legal positivist’s, a legal idealist’s or a legal realist’s conception of law, he or she will be constructing knowledge of international law under different epistemic conditions. The book sheds considerable light on these different conditions, with several chapters exploring how the different notions of an international legal system play out in the context of a series of concrete themes of legal practice. In doing so, the book helps to build a bridge between the practical and more philosophical aspects of this topic.This book will be an ideal companion for scholars of international law. Lawyers and students interested in legal theory and philosophy will also benefit from this thought-provoking study.Trade Review‘Professor Linderfalk’s monograph is a fascinating review of international law’s basic concepts through the competing prisms of various theories, such as idealism, realism and positivism. Anyone interested in the dynamics of international legal reasoning in the context of current theoretical diversity in this academic field has to familiarise themselves with this work.’ -- Alexander Orakhelashvili, University of Birmingham, UKTable of ContentsContents: 1. Introduction to International Law as a System of Knowledge 2. The notion of an international legal system 3. The creation and further development of international law 4. The interaction of rules and principles 5. The individuation of norms 6. International legal hierarchy 7. The conflict of rules 8. Special regimes and the significance of disciplinary boundaries 9. Interpretation in international law 10. Intertemporal law 11. International and domestic law Leena Grover 12. International legal personality Astrid Kjeldgaard-Pedersen 13. International adjudication and jurisdictional conflict Eric De Brabandere 14. Legality and legitimacy in international law Eduardo Gill Pedro 15. The rationality of international legal research List of sources Index

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Book SynopsisBringing together over 260 authors from 50 countries, the Encyclopedia of Comparative Law is the most comprehensive reference work in the field of comparative law.The Encyclopedia provides a unique collection of entries, written by authorities in their field, on the current state of this ever-emerging discipline. Entries provide unique insights into not only classical themes within the field but also expand the comparative method to many new topics – showing the way ahead for future scholarship. In addition, many topics are placed within a broader context, with attention given to aspects of social science, economics and anthropology.Entries are alphabetically arranged, covering topical aspects of comparative law as well as country reports addressing the world’s most important jurisdictions. The Encyclopedia is an indispensable source of information for anyone dealing with comparative and international aspects of the law.Key Features: A comprehensive range of over 225 substantive entries Entries organised alphabetically for ease of navigation Fully cross-referenced Special focus on methods used in comparative scholarship Entries written by the world’s foremost scholars of comparative law World class editorial team Table of ContentsContents: Abortion Rebecca J Cook and Bernard M Dickens Access to Justice Stefan Wrbka Accident Compensation Michael G Faure Administrative Courts Yseult Marique Administrative Law Hanns Peter Nehl Adversarial and Inquisitorial Process Amalia D Kessler Agency and Representation Hendrik Verhagen and Laura Macgregor Aims of Comparative Law H Patrick Glenn Alternative Dispute Resolution Anna Nylund American Law Ralf Michaels American Law Institute Michael D Green and Christopher J Robinette Animal Law Visa AJ Kurki Arbitration Stefan M Kröll Argentina Martín Hevia Artificial Intelligence Law Mireille Hildebrandt Assignment Brigitta Lurger Austria Eva Micheler Belgium Eric Dirix Biodiversity Jan Wouters and Estelle Valentine Irambona Brazil Bruno Vieira Canada Michelle Cumyn Canon Law Paolo Astorri and Wim Decock Causa and Consideration James Gordley and Hao Jiang Channel Islands Philip Bailhache and Duncan Fairgrieve Children’s Rights Atagün Kejanlioglu and Shauna Van Praagh Chile Rodrigo Momberg and Gonzalo Severin China Albert HY Chen Choice of Law Symeon C Symeonides Citizenship Rayner Thwaites Civil Procedure CH (Remco) van Rhee and Remme Verkerk Climate Change Law Daniel Farber Code Civil Jean-Louis Halpérin Codification Heikki Pihlajamäki Colonialism and Law Shane Chalmers Comity Roxana Banu Commercial Regulation Luke Nottage Common Core Projects Matthias E Storme Common Law Geoffrey Samuel Comparative International Law William E Butler Comparative Jurisprudence William Ewald Comparative Law and Economics Raffaele Caterina Comparative Legal Anthropology James AR Nafziger Comparative Legal Education Fiona Cownie Comparative Legal History Agustín Parise Comparative Legal Linguistics Heikki ES Mattila Consent in Contracts Catherine Valcke Consent in Criminal Law Miriam Gur-Arye Constitution David Schneiderman Constitutional Court (Germany) Michaela Hailbronner Constitutional Courts Sujit Choudhry Construction Law Evelien Bruggeman Consumer Credit Iain Ramsay Consumer Protection Stephen Weatherill Copyright Law Patrick Masiyakurima Corruption Mariana Moto Prado Cosmopolitanism Pavlos Eleftheriadis Costs in Civil Proceedings Catherine Piché Cour de cassation Jean-Louis Halpérin Court of Justice of the European Union Anthony Arnull COVID-19 and Contract Law Marta Santos Silva and Tomàs Gabriel García-Micó Criminal Law and Criminal Procedure Thomas Weigend Critical Approaches to Comparative Law Günter Frankenberg and Fernanda G Nicola Czech Republic Bohumil Havel Damages (in Tort) Siewert D Lindenbergh and Marnix R Hebly Death Penalty Andrew Novak Democracy Tom Gerald Daly Denmark Sune Klinge Disability Law Andrea Broderick Emergency Powers Pasquale Pasquino Energy Law Kim Talus England and Wales William Bull and Damian Smith Environmental Law Marjan Peeters Epistemology and Comparative Law Geoffrey Samuel Equity in English Law Stephen Waddams Estoppel Jennifer Nadler European Civil Code Nils Jansen and Lukas Rademacher European Court of Human Rights Janneke Gerards European Small Jurisdictions (Andorra, Liechtenstein, Monaco) Marcus Galdia European Union Law and Comparative Law Juha Raitio Euthanasia Law Maurice Adams Exceptionalism Helge Dedek and Henry Coomes Expressivism Gary Jeffrey Jacobsohn Extraterritoriality Carlos M Vázquez Family Régine Tremblay Fiduciary Duty Lionel Smith Finland Pia Letto-Vanamo France Bénédicte Fauvarque-Cosson and Alice Fournier Freedom of Speech Grzegorz J Blicharz German Law Helge Dedek and Martin J Schermaier Gift Richard Hyland Global Law Eric Tjong Tjin Tai Globalization Jaakko Husa Greece Eugenia Dacoronia Hindu Law Werner Menski Hong Kong Simon NM Young Human Rights Law Menno T Kamminga Hungary Balázs Fekete, András Jakab and Attila Menyhárd Iceland Björg Thorarensen India Aparna Chandra Insolvency Law Bob Wessels and Paul Omar Insurance Law Herman Cousy International Academy of Comparative Law Katharina Boele-Woelki and Diego Fernández Arroyo International Court of Justice Robert Kolb International Finance Jan Dalhuisen (International) Investment Law Georgios Dimitropoulos Interpretation of Contracts Jacques H Herbots Ireland David Kenny Islamic Law Mohammad Fadel Israel Gabriela Shalev Italy Barbara Pozzo Japanese Law Masaki Abe and Luke Nottage Jewish Law Benjamin Porat Judicial Activism Theunis Roux Judicial Review Erin F Delaney and Rosalind Dixon Jury Trial Stephen C Thaman Labour Law Ulla Liukkunen Laïcité François Saint Bonnet Language Rights Marcus Galdia Latvia Aleksandrs Fillers Law and Art Emily Gould Law and Development Jedidiah J Kroncke Law and Gender Roxanne Mykitiuk and Joshua DM Shaw Law in North African Countries: Tunisia, Algeria, Morocco Tachfine Baida and Baudouin Dupret Law of the Sea and International Maritime Law Youri van Logchem Legal Capacity Laurence Francoz Terminal Legal Culture David Nelken Legal Families Jaakko Husa Legal Formants Antonio Gambaro and Michele Graziadei Legal History and Comparative Law Viola Heutger and Eltjo Schrage Legal Orientalism Thomas Coendet Legal Origins Mathias Siems Legal Personality Jonas-Sébastien Beaudry Legal Pluralism Michael Palmer and Ling Zhou Legal Reasoning Jaap Hage Legal Style Péter Cserne Legal Theory and Comparative Law Frederick Schauer Legal Translation Gerard-René de Groot and Conrad JP van Laer Legislation, Legisprudence and Comparative Law Ittai Bar-Siman-Tov and Helen Xanthaki Lex Mercatoria Antti P Salonen Lithuania Laura Šlepaitė Luxembourg Pascal Ancel Macro Comparison Mark Van Hoecke Malta Justin Borg Barthet and Anthony E Borg Barthet Margin of Appreciation (ECHR) Maija Dahlberg Marriage Marsha Garrison Mauritius AH Angelo Medical Malpractice Lara Khoury and Ma’n H Zawati Methodologies for Comparative Law Esin Örücü Mistake Gerhard Lubbe Mixed Jurisdictions Vernon Valentine Palmer Montenegro Marko Novaković and Luka Breneselović Nationality Law Gerard-René de Groot and Luuk van der Baaren The Netherlands Jan M Smits Nigeria Abdulmumini A Oba Nordic Law Ditlev Tamm Northern Ireland Brice Dickson Norway Sören Koch Obligation Stéphane Sérafin Offer and Acceptance Inter Absentes Franco Ferrari Ombudsman Alberto Castro Pakistan Martin Lau Passenger Rights Vincenzo Zeno-Zencovich Patrimony Alexandra Popovici Pension Law Yves Stevens Personal and Real Security JHM (Sjef ) van Erp Personality Rights Johann Neethling Peru Raul F Zuñiga Plea Bargaining Bertrand Perrin and Pascal de Preux Poland Michał Gondek Portugal Madalena Narciso Precedent Raimo Siltala Privacy and Data Protection Herke Kranenborg Private International Law Horatia Muir Watt Product Liability Geraint Howells Property and Real Rights J Michael Milo Proportionality Jacco Bomhoff Public Law Jacques Ziller Public Procurement Sarah Schoenmaekers and Christopher Yukins Punitive Damages Solène Rowan Quantitative Methods in Comparative Law Ryan Whalen Québec Rosalie Jukier Referendum Markku Suksi Regionalism Vito Breda Regulation of Online Platforms Marta Cantero Gamito Religious Courts Mark Hill KC Religious Rights Ioanna Tourkochoriti Remedies for Breach of Contract Marco Torsello Roman Law and Comparative Law: A Tale of Two Disciplines Paul J du Plessis Romania Catalina Goanta Rule of Law and Globalization Mauro Bussani Rule of Law, The Gerald J Postema Russian Law William E Butler Saudi Arabia Dominik Krell Scots Law Hector L MacQueen Separation of Powers William Partlett Singapore Maartje de Visser Slovenia Maja Brkan, Maja Planinšič and Hana Šerbec Social Security Frans Pennings Soft Law Mariolina Eliantonio and Emilia Korkea-aho South Africa Jacques du Plessis South Korea Youngjoon Kwon Soviet Law William E Butler Spain Antoni Vaquer Strict Liability Alexandru Daniel On Subjective Right(s) Helge Dedek Supervening Events and Force Majeure Martin Schmidt-Kessel Supreme Court of the United States Benjamin B Johnson Sweden Rolf Dotevall Switzerland Pascal Pichonnaz Taiwan Wei-Chung Lin Tertium comparationis Uwe Kischel Tort Law Ulrich Magnus Trademarks Irene Calboli Transfer of Movable Property Lars van Vliet Transnational Criminal Law Valsamis Mitsilegas Trespass Paula Giliker Trust Law Marius J de Waal Turkey Z Derya Tarman Ultra Vires Geneviève Cartier UNIDROIT and UNCITRAL Luca Castellani and Anna Veneziano United Kingdom Supreme Court James Lee Unjustified Enrichment Daniel Visser Venice Commission Iain Cameron Vietnam John Gillespie Water Rights Jill Robbie Whistleblowing Vigjilenca Abazi World Trade Organization William J Davey

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Book SynopsisThis enlightening new book unpacks the ascendancy of the European Union as a distinct actor in the field of international sanctions. Offering an innovative model of actorness, Kevin Urbanski establishes a coherent bridge between debates on actorness and mainstream theories of international institutions and European integration. Inspired by James S. Coleman's idea of corporate agency, Urbanski addresses the conceptual gap in scholarship by outlining a deductive, integrative and explanatory model of actorness, arguing that actorness constitutes a distinct mode of collective agency that can be modelled along the lines of corporate action. Urbanski's model of actorness explains the emergence of EU actorness and sheds light on the timing and reasoning behind this for the most commonly used European sanction instruments. Presenting an original and theoretically grounded approach to the problem of actorness, this book will be of critical use to scholars grappling with this problem, especially those working in the field of EU politics. Scholars of international sanctions and EU law, as well as practitioners working in these fields, will also benefit from Urbanski's comprehensive overview of EU restrictive measures and his unique approach to actorness.Trade Review'Urbanski's work makes an important contribution to the study of EU foreign policy by rigouroulsy defining and operationalising the notion of actorness - a concept that had remained surprisingly vague in the literature. In addition, it constitutes one of the most serious and original studies of EU sanctions policy, recognising nuances in EU actorness across different sanction types.' --Clara Portela, University of Valencia, Spain'This book is a path-breaking study of the origins of EU action capability in the field of international sanctions. Urbanski carefully conceptualizes the EU as an actor in its own right and shows that the EU frequently gains foreign policy action capability not from intentional efforts of its member states to join forces and speak with a single voice, but from spill-overs of internal policies.' --Thomas Gehring, University of Bamberg, GermanyTable of ContentsContents: Preface 1. Introduction: Actorness and EU Sanctions 2. Towards a Theory of Emerging Actorness 3. Trade Restrictions 4. Arms Embargoes and Dual-Use Sanctions 5. Travel Bans and Asset Freezes 6. Negative Conditionality 7. Conclusion References Index

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Book SynopsisThis illuminating monograph examines analytical and practical aspects of the relationship between international law and international politics, providing a comprehensive analysis of the foundations on which both the international legal system and international politics rest.With an interdisciplinary perspective, Alexander Orakhelashvili compares and contrasts the methods of international legal reasoning with international relations as a discipline, focusing on timeless and central issues that connect the past, present and future. The book examines, through the use of both disciplines' methodology, some more specific areas such as public authority, global space, and peace, with the overall outcome that political contempt towards the international legal system could have unexpected and costly adverse political consequences.Examining a broad range of theories and literature, International Law and International Politics will be an invigorating read for academics, students and practitioners of international law, international relations, politics, and diplomacy.Trade Review'Alexander Orakhelashvili's International Law and International Politics is a courageous endeavour to find common ground between the disciplines of international law and international relations. While both disciplines study the same phenomena, in terms of methodological approach, they may sometimes seem worlds apart. Intriguingly, Dr Orakhelashvili shows that the dominant theoretical streams in international law and international relations, namely legal positivism and political realism, are in fact based on the same rationales.' -- Cedric Ryngaert, Utrecht University, the NetherlandsTable of ContentsContents: Introduction 1. State as basic units 2. Law, power and politics 3. The foundational framework 4. Models of authority and governance 5. Law, power and global space 6. Peace and war Conclusion Index

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Book SynopsisThe Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today.Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research.Contributors include: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrat, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. ZawawiTrade Review'What is Islamic law and how does it work? This Research Handbook of 18 case studies drawn from across the contemporary Muslim world promises not only to help contextualise Sharia as a versatile rather than an unchanging framework of laws pertaining to the 7th century, but also importantly to demystify it.' --Howard Brasted UNE Asia-Pacific Centre and University of New England, Australia'This Research Handbook on Islamic Law and Society is a brilliant contribution to understanding Islamic law in practice. With a galaxy of excellent contributors, the Research Handbook intelligently explores the role of Islamic law textually and contextually, focusing on contemporary issues ranging from medical ethics to apostasy laws. A must read for all.' --Mohamad Abdalla, Centre for Islamic Thought and Education University of South Australia, AustraliaTable of ContentsContents: Acknowledgements Introduction: Islamic law in action Nadirsyah Hosen PART 1 FAMILY LAW AND COURTS 1. Colonial legacies: family laws in Singapore and Australia Ann Black 2. The application of kafala in the West Kieran Mclean Eadie 3. ‘The best interests of the child’: critical analysis of the Libyan High Court decision Ali Omar Ali Mesrati 4. ADR and Islamic law: the cases of the UK and Singapore Arif A. Jamal PART 2 PROPERTY AND BUSINESS 5. Corporate social responsibility and workplace casualties in Bangladesh: an appraisal of Islamic principles as a potential solution S. M. Solaiman 6. Business in Islam: revisiting Islamic banking practices in Bangladesh Afroza Begum 7. Property law and trusts (waqf) in Iran Hossein Esmaeili PART 3 CRIMINAL LAW AND JUSTICE 8. Corporate criminal liability in Saudi Arabia Mohammed Fahad Aljiday Alsubaie 9. Blasphemy and apostasy laws in the Muslim world: a critical analysis Faisal Kutty 10. Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice system Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi PART 4 ETHICS, HEALTH AND SCIENCES 11. Genetic engineering and ethics in Muslim communities: case studies from Tunisia and Saudi Arabia Nurussyariah Hammado 12. Collective ijtihad on health issues in Indonesia Nadirsyah Hosen 13. Halal and other codes: can religion, science and ethics guide legal regulation? Richard Mohr PART 5 ARTS AND EDUCATION 14. Finding the Islam in Islamic art: the relationship between Islamic law and artistic practice Mia Corbett 15. The lawfulness of music in contemporary Indonesian debate Neneng Yanti Khozanatu Lahpan 16. Educational rights for women in Saudi Arabia Maan Abdul Haq Khutani PART 6 COMMUNITY AND PUBLIC SPHERES 17. Progressive Islam in Europe: a critical analysis of the unique nature of Bosnia and Hercegovina’s Islamic practice Richard Burgess 18. Khutbahs and fatwas in colonial Indonesia and Malaya Muhamad Ali Index

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Book SynopsisThe Research Handbook on International Abortion Law provides an in-depth, multidisciplinary study of abortion law around the world, presenting a snapshot of global policies during a time of radical change. With leading scholars from every continent, Mary Ziegler illuminates key forces that shaped the past and will influence an unpredictable future.In addition to basic, fundamental concepts, this Research Handbook offers valuable insight into new developments in law and medical practice, from medication abortion to the rise of illiberal democracy, and explores the evolution of social movements for and against illegal abortion in a wide variety of national contexts. This is a crucial reference for students, scholars, professors, and policymakers interested in the complexities of abortion law and politics, and the influences that are crossing borders and shaping the present moment.Trade Review‘This is a critically important volume on international abortion law, which looks beyond the United States to bring a broader, deeper conversation into view.’ -- Michele Goodwin, University of California, Irvine, US‘This book offers an extraordinarily rich view of the complex challenges of framing and implementing abortion law in many countries around the world. Read it and you will learn about the human, legal and power dynamics surrounding abortion and how they interact across time, race, religion and class.’ -- Rebecca J. Cook, University of Toronto, CanadaTable of ContentsContents: Preface xiv PART I INTRODUCTION 1 Introduction to the Research Handbook on International Abortion Law 2 Mary Ziegler PART II HISTORIES OF LIBERALIZATION 2 Health and heredity: abortion reform in Sweden in the 1930s and 1940s 22 Lena Lennerhed 3 Before Roe and Morgentaler: a comparative history of abortion politics in the US and Canada from 1800 to 1970 39 Kelly Gordon and Paul Saurette 4 Unfinished business: the feminist legal framework for abortion and ongoing struggle for reproductive justice in South Africa 61 Susanne M. Klausen PART III THE PROMISE AND LIMITS OF DECRIMINALIZATION 5 Abortion law reform in Malawi: a case study in stakeholder engagement, public education, and human rights advocacy 82 Godfrey Dalitso Kangaude, Chrispine Gwalawala Sibande, Susan Deller Ross, and Michelle Xiao Liu 6 Abortion law in Thailand: a big step forward? 103 Ronnakorn Bunmee 7 Abortion in Australia: law, policy and the advancement of reproductive rights 124 Ronli Sifris PART IV ABORTION IN POPULAR POLITICS 8 Access to abortion: comparative public policy in France and the United States 142 Jennifer Merchant 9 The transformation of abortion law in China 160 Ruby Lai Yuen Shan 10 Abortion and federalism: the Australian example 181 Kate Gleeson 11 Israel’s abortion law and the paradox of a rightless access to pregnancy terminations 202 Noya Rimalt PART V MOVEMENTS AGAINST ABORTION 12 Abortion politics in Brazil: backlash and the antiabortion field renewal 222 Marta R. de Assis Machado 13 The international pro-life movement 243 Daniel K. Williams 14 Abortion law and illiberal courts: spotlight on Poland and Hungary 263 Agnieszka Bień-Kacała and Tímea Drinóczi PART VI RACE, SEX, RELIGION 15 Enhancing reproductive justice transnationally: an equality-based approach to sex-selective abortion laws in India 284 Sital Kalantry and Meher Dev 16 Abortion, law and health in the Arab world 303 Irene Maffi and Liv Tønnessen 17 Abortion in Ecuador: overview of a collective struggle 321 Cristina Burneo Salazar PART VII THE ROLE OF INTERNATIONAL HUMAN RIGHTS 18 Beyond abortion decriminalization: human rights perspectives on the role of law in creating enabling environments for abortion access 343 Payal K. Shah and Jihan Jacob 19 Abortion law in Europe: the promise and pitfalls of human rights and transnational trade law in the face of criminalization with exceptions 374 Lucía Berro Pizzarossa, Tamara Hervey and Anniek de Ruijter 20 Engendering democracy and rights: the legalization of abortion in Argentina 394 Alicia Ely Yamin and Agustina Ramón Michel 21 Abortion, reform, and rights: tales from a small island 420 Fiona de Londras Index

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Book SynopsisBiotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of biotechnology processes and products from an international and comparative perspective. Herdegen explores how regulatory approaches to controversial issues such as: stem cell research and cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. The book goes on to examine how international regulatory instruments aim to address these conflicting perspectives and provide judgments based on broad international consensus. Chapters explore the interaction between biotechnology and different fields of law including: human rights, intellectual property, trade law and environmental law. In doing so, a number of complex issues are raised such as the need to balance commercial interests with socio-cultural considerations and the need to ensure respect for human dignity in the pursuit of biomedical research. Providing a concise and accessible guide to a complex field of international law, this book will be of great value to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU and on an international scale. The book will also be a useful resource for practicing lawyers as it includes sources from a diverse range of legal systems and analyses relevant decisions by international adjudicatory bodies.Trade Review'Biotechnology will shape, together with information technology, much of the technological advances in the 21st Century. It affects all walks of life and bears potentials and risks. In international and European law, different areas of law touch upon it without much coherence. Written by a foremost expert, this book makes a most valuable contribution, expounding the interfaces of the different regulatory areas and offering a comprehensive and timely treatise on the subject.' --Thomas Cottier, Chairman ILA Committee on the Biotechnology, UK'This book by Matthias Herdegen provides a unique, thoughtful and comprehensive discussion of the interaction between biotechnologies and international law. Unlike other books in the field, which tend to be confined to biomedical issues, this book covers a broad spectrum of topics, including questions related to environmental protection, risk assessment, genetically modified foods, international trade, and gene patenting. It combines theoretical reflection with the analysis of relevant international instruments and courts judgments.' --Roberto Andorno, University of Zurich, SwitzerlandTable of ContentsContents: 1. Introduction: Regulation of Biotechnology, between Anxieties and Trust in Scientific Progress 2. Law and Ethics: An Intriguing Interplay 3. Risks, Perceptions and the Law: Regulatory Approaches to Risk 4. The Biotech Challenge to Human Dignity, Life and Freedom of Choice: Human Rights 5. From Test Tube Babies to Human Clones: Salient Issues in the International Law of Biomedicine 6. GMOs, Crops and Precaution: Biotechnology and the International Protection of the Environment 7. Combating Biopiracy: Access to Genetic Resources 8. Phantom Risks and Legitimate Concerns: Biotechnology and International Trade Law 9. Inventor’s Claims to Life: Intellectual Property Rights and Biotechnological Inventions 10. Conclusion: Legal Values, Individual Rights and Democratic Choices in a Pluralist World Index

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Book SynopsisThe second edition of this comprehensive Handbook presents new and significantly revised chapters by leading scholars and practitioners in the burgeoning field of international sports law. National, regional and comparative dimensions of sports law are emphasized throughout, exploring a wide range of issues emerging in sports law today. Approaching international sports law through three converging frameworks, this Handbook examines the institutions of international sport, the eligibility rights and protections of athletes, as well as the commercial side of international sport. New topics discussed in this edition include concussions, EU antitrust and other regulation of sport, review of awards by the Court of Arbitration for Sport (CAS), college and university athletics, league and team restrictions on athlete movement, taxation of athletes and sports as cultural heritage. Covering some of the most controversial and cutting-edge issues in international sports law, this timely Handbook will prove invaluable for academics and students of sports law, sports management, international law and comparative law. With a global scope, the Handbook will also prove a vital resource to practicing lawyers, players’ agents, senior executives and other professionals within the sports industry.Trade Review‘The Handbook on International Sports Law provides an excellent overview and critical analysis of the most significant sports law matters facing the global community of sports and the industry it serves. James A.R. Nafziger and Ryan Gauthier lead an impressive team of sports law scholars and experts in a discussion of crucial issues, including player health controversies and restrictions on competition that interface with antitrust and labor laws. The Handbook will provide a valuable resource to students who are studying international and comparative sports law as well as practitioners and academics.’ -- Michael McCann, University of New Hampshire, USAcclaim for the first edition: ‘Despite taking a wide variety of forms, sport is universal. Circumstances and events generating legal issues in sport are similarly universal, but sport operates under many legal systems worldwide. Fragmentation and inconsistency in legal outcomes often result. This innovative collection of essays by leading scholars of sports law addresses a gap in the literature. It advances understanding of how different legal systems respond to common issues and offers insights into the developing international system of sports law. Researchers will find this book of inescapable assistance and interest.’ -- Hayden Opie, Melbourne Law School, Australia‘Nafziger and Ross have provided an enormously useful collection of incisive and integrating essays that cover the gamut of important issues in the emerging field of international sport law.’ -- Andrew Zimbalist, Smith College, USTable of ContentsContents: Preface ix Acknowledgements xi PART I FOUNDATIONS: STRUCTURES AND DISPUTE RESOLUTION 1 International sports law 2 James A.R. Nafziger 2 Doping and the World Anti-Doping Agency 35 Richard W. Pound, Q.C. and Jonathan M. Jenkins 3 EU and North American models of organization 88 James A.R. Nafziger 4 The EU as a sports regulator 112 Stephen Weatherill 5 College and university athletics 141 John Wolohan 6 The Court of Arbitration for Sport 163 Richard H. McLaren 7 CAS through the lens of the European Court of Human Rights and other tribunals 196 Despina Mavromati 8 Mediating sports disputes 242 Ian Blackshaw PART II ELIGIBILITY, RIGHTS AND PROTECTION OF ATHLETES 9 Athlete eligibility 267 Matthew J. Mitten and Timothy Davis 10 Discrimination in sport 306 Klaus Vieweg and Saskia Lettmaier 11 Image rights 345 Steve Cornelius 12 Concussions 368 Annette Greenhow 13 Protection of young athletes 403 Ann Skelton, Paul Singh and Steve Cornelius PART III THE SPORTS INDUSTRY AND HERITAGE 14 Antitrust challenges to sports governance: EU and US perspectives 423 Ben Van Rompuy 15 Labor restraints under antitrust law 456 Stephen F. Ross 16 Labour law 486 Leanne O’Leary 17 League and team restrictions on player movement 520 Ryan Gauthier 18 Players’ agents 553 Roberto Branco Martins and Andrea Cattaneo 19 Sponsorship of international events 571 Robert N. Davis 20 Gambling and match-fixing 607 Kendall Howell 21 Taxation of athletes 641 Karolina Tetłak 22 Sport as cultural heritage 671 Lorenzo Casini Index

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Book SynopsisPeace is an elusive concept, especially within the field of international law, varying according to historical era and between Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good. It sets forth a new agenda for research that invites scholars from a broad array of disciplines and fields of law to analyse the contribution of international institutions to the construction and implementation of sustainable peace. With its critical examination of courts, transitional justice institutions, dispute resolution and fact-finding mechanisms, this Research Handbook goes beyond the traditional focus on post-conflict resolution, and includes areas not usually found in analyses of peace such as investment and trade law. Bringing together contributions from leading researchers in the field of international law and peace, this Research Handbook analyses peace in the context of law applicable to women, refugees, environmentalism, sustainable development, disarmament, and other key contemporary issues. This thoughtful Research Handbook will be a crucial tool for policymakers, practitioners, and academics in the fields of international law, human rights, jus post bellum, and development. Its comprehensive insights to the field will also be of benefit for students of political science, law, and peace studies. Contributors: B.A. Andreassen, C.M. Bailliet, D. Behn, K. Egeland, O. Engdahl, O.K. Fauchald, J. Garcia-Godos, C. Hellestveit, M. Janmyr, S. Kanuck, K.M. Larsen, K. Lidén, G. Nystuen, S. O'Connor, J.C. Sainz-Borgo, K. Skarstad, V.B. Strand, H. Syse, A Tadjdini, C. Voigt, C. Weiss, P. Wrange, G. ZyberiTrade Review‘Bailliet’s publication serves its purpose of being an effective research guide to the study of contemporary international law and peace. The contributions are relevant, forward-thinking, and engaging.’ -- Hollie Jackson, University of Tasmania Law ReviewTable of ContentsContents: 1. Introduction: Researching International Law and Peace Cecilia M. Bailliet PART I THE NORMATIVE SCOPE OF PEACE AND ITS EXCEPTIONS 2. The Politics of Peace and Law: Realism, Internationalism and the Cosmopolitan Challenge Kristoffer Lidén and Henrik Syse 3. Normative Foundation of the International Law of Peace in a Post-Western Age Cecilia M. Bailliet 4. The Good Faith Obligation to Maintain International Peace and Security and the Pacific Settlement of Disputes Cecilia M. Bailliet and Simon O’Connor 5. Protecting Which Peace for Whom against What? A Conceptual Analysis of Collective Security Pål Wrange 6. Protection of Human Rights and the Maintenance of International Peace and Security: Necessary Precondition or a Clash of Interests? Ola Engdahl PART II PRECONDITIONS OF PEACE 7. Human Rights Violations and Conflict Risk: A Theoretical and Empirical Assessment Kjersti Skarstad 8. Traps of Violence: A Human Rights Analysis of the Relationship between Peace and Sustainable Development Bård A. Andreassen 9. World Peace and International Investment: The Role of Investment Treaties and Arbitration Ole Kristian Fauchald and Daniel Behn 10. Environmentally Sustainable Development and Peace: The Role of International Law Christina Voigt 11. Nuclear Abolition from Baruch to the Ban Kjølv Egeland 12. The Potential of the Arms Trade Treaty to Reduce Violations of International Humanitarian Law and Human Rights Law Gro Nystuen and Kjølv Egeland PART III CIVIL SOCIETY PARTICIPATION IN THE PROMOTION AND SAFEGUARDING OF PEACE 13. Non-Discrimination and Equality as the Foundations of Peace Vibeke Blaker Strand 14. Refugees and Peace Maja Janmyr 15. Transforming Reality: Employing International Law to End Practices that Exclude Women as Peacemakers, Peacekeepers, and Peacebuilders Cornelia Weiss PART IV INSTITUTIONAL IMPLEMENTATION OF PEACE 16. Promoting Peace Through the International Law of Peace Operations Kjetil Mujezinović Larsen 17. Quasi-Judicial Mechanisms: International Fact-Finding ? Cecilie Hellestveit 18. Building Trust Through Accountability: Transitional Justice in the Search for Peace Jemima García-Godos 19. The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest Gentian Zyberi 20. World Peace through World Trade? The Role of Dispute Settlement in the WTO Ole Kristian Fauchald 21. Promoting peace and stability in cyberspace Sean Kanuck 22 The Constitutional Dimension of Peace Azin Tadjdini Epilogue Juan Carlos Sainz-Borgo Index

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Book SynopsisThis innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship.Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read.Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. WernerTrade Review'Sociological approaches to international law have gained significant momentum in the course of the last decade. The contributions to this Research Handbook reflect the diversity of sociological theories and illustrate how they can enrich international legal scholarship. The Research Handbook is an excellent guide to the sociology of international law 'from Huber to post-structuralism.' --Christian J. Tams, University of Glasgow, UKChristian J. Tams, University of Glasgow, UK'This Research Handbook offers a timely sociological reading of the functioning of the international legal order, using diverse sociological approaches, spreading from the thought of Max Huber to post-structuralism. It offers a range of the best analyses on the topic and sets a new agenda for the field. Indeed a fascinating book.' --Hélène Ruiz Fabri, Max Planck Institute Luxembourg for Procedural Law, LuxembourgTable of ContentsContents: 1. Introduction to the Research Handbook on the Sociology of International Law Moshe Hirsch and Andrew Lang 2. Issues of Empire, Contestation, and Hierarchy in the Globalization of Law Bryant G. Garth 3. A conflicts-law response to the precarious legitimacy of transnational trade governance Fabian Bohnenberger and Christian Joerges 4. Correlated ownership: Polanyi, Commons, and the property continuum Sabine Frerichs and Rick James 5. Regulating Speed: Social Acceleration and International Law Wouter G. Werner 6. ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development Ruth Buchanan, Kimberley Byers and Kristina Mansveld 7. International lawyers and the study of expertise: representationalism and performativity Andrew Lang 8. Ignorance/power: rule of law reform and the administrative law of global governance Deval Desai 9. Reflexive Sociology of International Law: Pierre Bourdieu and the Globalization of Law Mikael Rask Madsen 10. The practice of litigation at the ICJ: the role of counsel in the development of international law Gregory Messenger 11. International investment law as formally rational law: a Weberian analysis David Schneiderman 12. Practice theory and international law Jeffrey L. Dunoff and Mark A. Pollack 13. The ‘practice turn’ in international law: insights from the theory of structuration Nicolas Lamp 14. An Anthropological Approach to International Economic Law Galit A. Sarfaty 15. Network analysis and the sociology of international law Sergio Puig 16. Social networks and the enforcement of international law Shai Dothan 17. Locked in language: historical sociology and the path dependency of investment treaty design Wolfgang Alschner 18. Social constructivism and the social construction of world economic reality Sungjoon Cho 19. Core Sociological Theories and International Law Moshe Hirsch Index

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Book SynopsisThis authoritative collection presents the most important published articles on the cultural, legal, philosophical and economic dimensions of property rights. It shows how the economics of property rights has enriched our ability to understand as well as to predict a wide range of real world events.This first volume focuses on the history, development and consequences of property rights as they interact with formal and informal institutions. The second volume considers the effects of alternative property rights on economic performance.This important two-volume collection will be an essential source of reference for both economists and political scientists concerned with property rights.Trade Review'It goes without saying that Professor Pejovich is one of the founding fathers of the economics of property rights. This new theory has revolutionised economic reasoning since the early sixties in two ways: firstly by making law a subject of economic analysis, and secondly by introducing the real world of uncertainty and incomplete knowledge into mainstream economics. Nowadays the Property Rights School is part of the quickly expanding fields of transaction cost analysis and institutional economics. It is rapidly changing our understanding of what is going on in our daily life. The readings in these two volumes cover the classics of property rights economics through to the latest developments in a tremendous area of fresh and informative research. I highly recommend them as a superb collection.' -- Christian Watrin, Universitat zu Koln, GermanyTable of ContentsContents Volume I Acknowledgements Introduction Svetozar Pejovich PART I AN OVERVIEW 1. R.H. Coase (1992), ‘The Institutional Structure of Production’ 2. Armen A. Alchian and Harold Demsetz (1973), ‘The Property Right Paradigm’ 3. Mark Blaug (1998), ‘The Disease of Formalism in Economics, or Bad Games That Economists Play’ PART II THE DEVELOPMENT AND SIGNIFICANCE OF PROPERTY RIGHTS IN VARIOUS CULTURES, RELIGIONS AND PHILOSOPHICAL TRADITIONS 4. Fred D. Miller, Jr. (1982), ‘The Natural Right to Private Property’ 5. Imad A. Ahmad (1994), ‘An Islamic Perspective on the Wealth of Nations’ 6. Douglass C. North (1978), ‘Governments, Voluntary Organizations, and Economic Life: The Preindustrial Development of Western Europe’ 7. Bruce L. Benson (1994), ‘Emerging from the Hobbesian Jungle: Might Takes and Makes Rights’ 8. Silke Stahl (1997), ‘Transition Problems in the Russian Agriculture Sector: A Historical-Institutional Perspective’ 9. Fred S. McChesney (1990), ‘Government as Definer of Property Rights: Indian Lands, Ethnic Externalities, and Bureaucratic Budgets’ PART III PROPERTY RIGHTS AND LAW 10. Richard A. Posner (1998), ‘Property’ 11. Robert C. Ellickson (1986), ‘Adverse Possession and Perpetuities Law: Two Dents in the Libertarian Model of Property Rights’ 12. Douglass C. North and Barry R. Weingast (1989), ‘Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England’ 13. Henry G. Manne (1997), ‘The Judiciary and Free Markets’ 14. Gary D. Libecap (1989), ‘Contracting for Mineral Rights’ 15. Elizabeth Brubaker (1998), ‘The Common Law and the Environment: The Canadian Experience’ 16. Yoram Barzel (1992), ‘Confiscation by the Ruler: The Rise and Fall of Jewish Lending in the Middle Ages’ 17. James M. Buchanan (1972), ‘Politics, Property, and the Law: An Alternative Interpretation of Miller et al. v. Schoene’ PART IV THE DEVELOPMENT AND ECONOMIC IMPLICATIONS OF ALTERNATIVE PROPERTY RIGHTS: PRIVATE OWNERSHIP, STATE OWNERSHIP, COMMUNAL OWNERSHIP AND AMBIGUOUS OWNERSHIP 18. Ulrich Witt (1991), ‘On the Emergence of Private Property Rights’ 19. Martin J. Bailey (1992), ‘Approximate Optimality of Aboriginal Property Rights’ 20. Terry L. Anderson and Peter J. Hill (1990), ‘The Race for Property Rights’ 21. Richard A. Epstein (1994), ‘On the Optimal Mix of Private and Common Property’ 22. David Schmidtz (1994), ‘The Institution of Property’ 23. Ellen Frankel Paul (1987), ‘Conclusion: Resolving the Constitutional Muddle’ 24. Richard A. Epstein (1998), ‘Habitat Preservation: A Property Rights Perspective’ 25. Armen A. Alchian (1959), ‘Private Property and the Relative Cost of Tenure’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in volume I PART I PROPERTY RIGHTS AND THE USE OF RESOURCES 1. Stanley L. Engerman (1973), ‘Some Considerations Relating to Property Rights in Man’ 2. G. Warren Nutter (1968), ‘Markets Without Property: A Grand Illusion’ 3. Alexander Bajt (1993), ‘The Property Rights School: Is Economic Ownership the Missing Link?’ 4. Clifford G. Holderness (1985), ‘A Legal Foundation for Exchange’ 5. Louis De Alessi (1983), ‘Property Rights, Transaction Costs, and X-Efficiency: An Essay in Economic Theory’ 6. Robert B. Ekelund, Jr., Robert F. Hébert, Robert D. Tollison, Gary M. Anderson and Audrey B. Davidson (1996), ‘Monasteries as Agents of the Corporate Church’ 7. Oliver E. Williamson (1990), ‘A Comparison of Alternative Approaches to Economic Organization’ 8. Michael C. Jensen and William H. Meckling (1979), ‘Rights and Production Functions: An Application to Labor-managed Firms and Codetermination’ 9. Harold Demsetz and Kenneth Lehn (1985), ‘The Structure of Corporate Ownership: Causes and Consequences’ PART II PROPERTY RIGHTS AND ECONOMIC DEVELOPMENT 10. Johan Torstensson (1994), ‘Property Rights and Economic Growth: An Empirical Study’ 11. Viktor Vanberg (1992), ‘Innovation, Cultural Evolution, and Economic Growth’ 12. Svetozar Pejovich (1996), ‘Property Rights and Technological Innovation’ 13. Robert Higgs (1997), ‘Regime Uncertainty: Why the Great Depression Lasted So Long and Why Prosperity Resumed after the War’ 14. Erich Kaufer (1986), ‘The Incentives to Innovate under Alternative Property Rights Assignments with Special Reference to the Patent System’ 15. John H. Moore (1981), ‘Agency Costs, Technological Change, and Soviet Central Planning’ 16. Stefan Voigt (1993), ‘Values, Norms, Institutions and the Prospects for Economic Growth in Central and Eastern Europe’ PART III PROPERTY RIGHTS AND ECONOMIC REFORMS IN EASTERN EUROPE 17. Cass R. Sunstein (1993), ‘On Property and Constitutionalism’ 18. Anthony de Jasay (1993), ‘Ownership, Agency, Socialism’ 19. Enrico Colombatto and Jonathan R. Macey (1997), ‘Lessons from Transition in Eastern Europe: A Property-Right Interpretation’ 20. Svetozar Pejovich (1994), ‘A Property Rights Analysis of Alternative Methods of Organising Production’ 21. Silvana Malle (1994), ‘Privatization in Russia: A Comparative Study in Institutional Change’ 22. László Urbán (1997), ‘Privatization as Institutional Change in Hungary’ 23. Joze Mencinger (1994), ‘Privatization Dilemmas in Slovenia’ PART IV PROPERTY RIGHTS AND ECONOMIC PERFORMANCE OF DIFFERENT COUNTRIES 24. Deepak Lal (1998), ‘The Far East’ 25. Janet Tai Landa (1998), ‘The Co-Evolution of Markets, Entrepreneurship, Laws, and Institutions in China’s Economy in Transition: A New Institutional Economics Perspective’ 26. Joel M. Guttman (1980), ‘The Economics of Tenant Rights in Nineteenth Century Irish Agriculture’ 27. Malcolm R. Fisher (1978), ‘Labor Participation in the Management of Business Firms in Great Britain’ 28. Peter Moser (1994), ‘Constitutional Protection of Economic Rights: The Swiss and U.S. Experience in Comparison’ 29. Thráinn Eggertsson (1992), ‘Analyzing Institutional Successes and Failures: A Millennium of Common Mountain Pastures in Iceland’ 30. Pradeep K. Chhibber and Sumit K. Majumdar (1999), ‘Foreign Ownership and Profitability: Property Rights, Control, and the Performance of Firms in Indian Industry’ 31. Lee J. Alston, Gary D. Libecap and Robert Schneider (1996), ‘The Determinants and Impact of Property Rights: Land Titles on the Brazilian Frontier’ Name Index

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Book SynopsisReginald Appleyard occupies an eminent position in the field of international migration and development studies. This enlightening volume of essays, in his honour, brings together contributions from a distinguished group of scholars who have known him for many years and hold him in high esteem. Combining judgements and expertise from all fields of the social sciences, this unique book provides a truly inter-disciplinary analysis of one of the most significant emerging problems of the 21st Century.The authors examine different aspects of migration from an international perspective, evaluating the nature and significance of change in the movement of people, and attempting to predict emerging trends in the volume, direction and composition of global migration. The book questions the causes of illegal and refugee migration, the politics of selection and restriction, and the changing determinants of return migration. In particular, the authors emphasise that original approaches and theories are required to study and understand the rapidly changing trends in international migration associated with new technology and globalisation.By addressing issues which are likely to be of growing significance during the 21st century, this thought-provoking book will be of immense value to students, scholars and researchers in the social sciences, and especially the theory and policy of international migration.Trade Review'This volume is a fitting tribute to one of Australia's most celebrated migration scholars.' -- Russell King, International Journal of Popular Geography'International Migration into the 21st Century is most scholarly and original in its contribution to migration and refugee studies.' -- Anthony H. Richmond, Journal of Refugee Studies'. . . there is no doubt that the volume will provide interesting reading. The essays highlight not only the increasing complexity of international migration in the twenty-first century but also society's need to respond innovatively and to courageously challenge established social, economic, and political norms. It is the focus on future developments in international migration that makes the volume a valuable contribution to the migration literature. It is also an excellent focus for a volume to honour Reginald Appleyard, who dedicated his entire academic life to our understanding of international migration.' -- Brigitte Waldorf, The Professional Geographer'This volume of papers is among the best to appear in the prolific literature on international migration published during the last two decades. It should be of value both to the migration specialist and to readers interested in this increasingly critical area of population research.'Table of ContentsContents: Preface In Honour of Reginald Appleyard 1. International Migration into the Twenty-first Century: Selected Issues 2. Politics of Immigration Control and Politicisation of International Migration 3. Economic Integration and Migration: The Mexico–US Experience 4. Regional Integration, Continuity and Changing Patterns of Intra-Regional Migration in Sub-Saharan Africa 5. The Economics of Illegal Migration for the Host Economy 6. The Business of International Migration 7. The Dangers of Diaspora: Orientalism, the Nation State and the Search for a New Geopolitical Order 8. International Migration and Globalisation: An Investigation of Migration Systems in Pacific Asia with Particular Reference to Hong Kong 9. The Impact of Immigration on the Ageing of Australia’s Population 10. International Migration and the Nation-State in Asia 11. Caribbean Geopolitical Imperatives and Citizenship in American Immigration Policy and Practice 12. Past Trends in International Migration and their Implications for Future Prospects 13. International Personnel Movement and the Emergence of an International Migration Regime 14. Compelled to Move: the Rise of Forced Migration in Sub-Saharan Africa Index

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Book SynopsisThis book offers a timely and critical evaluation of the Chicago School approach to antitrust law. Recent judgements by the United States Supreme Court (in cases such as Kodak) and the debate surrounding the Microsoft monopoly have led to the view that antitrust has entered the post-Chicago era, in which previous immoderations are tempered, and more refined and accurate analyses take precedence. This claim is made at a time when European competition policy is gradually embracing an economics-based approach. The authors discuss the economic foundations of competition policy and the different ways in which both American and European competition law does - or does not - take account of economic insights. Although the book makes no claim to provide a definitive answer to the host of questions arising from the complexities of antitrust, it does offer an important contribution to a better understanding of the many 'interfaces' between economic thinking and sound legal policy.More than 20 years on from the initial successes of the Chicago School, this book provides a timely appraisal of developments in antitrust law. It will be an enlightening and challenging read for a host of academics, practitioners and policymakers including industrial and political economists, lawyers, regulators and corporate strategists.Table of ContentsContents: 1. The Reckoning of Post-Chicago Antitrust Herbert Hovenkamp 2. The Difficult Reception of Economic Analysis in European Competition Law Roger Van den Bergh 3. Apreface to Post-Chicago Antitrust Jonathan B. Baker 4. Post-Chicago, Post-Seattle and the Dilemma of Globalization Eleanor M. Fox 5. The Bounds Approach to Antitrust Patrick Van Cayseele 6. Dynamic Efficiency and US Antitrust Policy Rudolph J.R. Peritz 7. ‘Obvious’ Consumer Harm in Antitrust Policy: The Chicago School, the Post-Chicago School and the Courts John E. Lopatka and William H. Page 8. Second Order Oligopoly Problems with International Dimensions: Sequential Mergers, Maverick Firms and Buyer Power Michael S. Jacobs 9. Rule Fixing: An Overlooked but General Category of Collusion Robert H. Lande and Howard P. Marvel 10. Raising Consumers’ Costs as an Antitrust Problem: A Sketch of the Argument from Kodak to Microsoft (the European Proceedings) Francesco Denozza 11. How Safe is the King’s Throne? Network Externalities on Trial Roberto Pardolesi and Andrea Renda 12. The Vertical Price Fixing Controversy Antonio Cucinotta 13. The Competitive Dynamics of Distribution Restraints: Efficiency versus Rent Seeking 280 Peter C. Carstensen 14. Cooperation, Competition and Collusion Among Firms at Successive Stages Robert L. Steiner Index

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Book SynopsisOffers fresh insights on the so-called 'justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimentation in transitional justice processes on the continent. CHANDRA LEKHA SRIRAM is Professor of Human Rights at the School of Law, University of East London, United Kingdom. She is also the Chair of the International Studies Association Human Rights Section and consults on issues of governance and conflict prevention for the United Nations Development Programme. SUREN PILLAY is a Senior Lecturer in the Department of Political Studies at the University of the Western Cape, South Africa, and a Senior Research Specialistin the Democracy and Governance programme of the Human Sciences Research Council. Southern Africa (South Africa, Botswana, Lesotho, Swaziland, Botswana & Namibia): University of KwaZulu-Natal PressTrade ReviewAn insightful volume. * INTERNATIONAL JOURNAL OF TRANSITIONAL JUSTICE *Winner of a CHOICE Outstanding Academic Title Award, 2011 * . *Excellent and well-timed. It covers key and sensitive issues about African transitional justice. It is recommended reading for policy makers, scholars, human rights activists, practitioners and those with a general interest in transitional justice. * AFRICAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW *The volume offers a unique insider analysis by practitioners who have participated in developing or implementing the justice mechanisms discussed. [It] offers a comprehensive look at transitional justice mechanisms in the African context and provides adequate background as well as critical analyses that could be informative to both the general public and experts alike. * AFRICAN STUDIES QUARTERLY *Table of ContentsIntroduction: Transitional Justice & Peacebuilding - Chandra Lekha Sriram Part I: Peace & Justice in Africa Peace & the Politics of Justice in Africa - Yasmin Sooka Inclusive Justice: The Limitations of Trial Justice & Truth Commissions - Charles Villa-Vicencio Prosecute or Pardon? Between Truth Commissions & War Crimes Trials - Kingsley Chiedu Moghalu Gender & Truth & Reconciliation Commissions: Comparative Reflections - Sheila Meintjes Transitional Justice, Democratisation & the Rule of Law - Mireille Affa'a Mindzie Part II: Truth & Reconciliation Processes Peace versus Justice: Truth & Reconciliation Commissions & War Crimes Tribunals in Africa - Alex Boraine Reflecting on the Sierra Leone Truth & Reconciliation: A Peacebuilding Perspective - Thelma Ekiyor Peace versus Justice? A View from Nigeria - Mathew Kukah A Path to Peace: Ghana & the National Reconciliation Commission - Kenneth Ageymang Attafuah Peace & Justice: Mozambique & Sierra Leone Compared - John Hirsch Part III: War Crimes Tribunals Sierra Leone's 'not so' Special Court - Abdul Tejan-Cole Charles Taylor & the Special Court for Sierra Leone: Politics, Interests & Agendas - Abdul Rahman Lamin The International Criminal Tribunal for Rwanda: Reconciling the Acquitted - Wambui Mwangi Part IV: Indigenous Justice The Politics of Peace, Justice & Healing in Post-war Mozambique 'Practices of Rapture' by Magamba Spirits & Healers in Gorongosa - Victor Igreja Indigenous Justice or Political Instrument? The Modern Gacaca Courts of Rwanda - Helen Scanlon Indigenous Justice or Political Instrument? The Modern Gacaca Courts of Rwanda - Nompumelelo Motlafi Part V The International Criminal Court: Problems & Prospects The International Criminal Court Africa Experiment: The Central African Republic, Darfur, Northern Uganda & the Democratic Republic of the Congo - Chandra Lekha Sriram The International Criminal Court in Darfur - Dumisa Ntsebeza Conclusion - Suren Pillay

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Book SynopsisThis book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful.The contributors examine societal and historical conditions that are reflected in - or that were shaped by - the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society.Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.Contributors include: K. Cho, D.-k. Choi, P. Goedde, S.S. Hong, D. Kim, J.-O. Kim, C. Lee, I. Lee, K.-W. Lee, H. Yang, S. YiTrade Review'As dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies. Every law and society scholar should read this book.' --Tom Ginsburg, University of ChicagoTable of ContentsContents: Preface PART I: HISTORY AND CULTURE 1. Law and Development: The Korean Experience Dai-kwon Choi 2. The Rule of Law and Forms of Power: Theorizing the Social Foundations of the Rule of Law in South Korea and East Asia Chulwoo Lee 3. Colonialism and Patriarchy: Where the Korean Family-head (Hoju) System had been Located Hyunah Yang PART II: THEORY AND METHODOLOGICAL QUESTIONS 4. Korean Perception(s) of Pyungdeung (Equality) Ilhyung Lee 5. The Normative Phenomenon of Public Sector in Korean Society Jeong-Oh Kim 6. The Legal Development in Korea: Juridification and Proceduralization Sangdon Yi and Sung Soo Hong PART III: CRITICAL ISSUES IN LAW AND SOCIETY IN KOREA 7. The Making of Public Interest Law in South Korea via the Institutional Discourses of Minbyeon, PSPD and Gonggam Patricia Goedde 8. Recent Reforms in the Legal Profession and Legal Education Dohyun Kim 9. The Constitutionalisation of the Representative System in Korea Kuk-Woon Lee 10. Transitional Justice in Korea: Legally Coping with Past Wrongs after Democratisation Kuk Cho Index

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Book SynopsisThis detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.Trade Review’The book has the merit to deal with an issue, namely judicial convergence or divergence in Europe, which in the near future is likely to dominate the debate among scholars in comparative, constitutional, EU, and international law, given the on-going developments in the relationship between the EU and the ECHR, and between the European Court of Human Rights and the highest national courts.’ -- European Law Journal’This volume engages successfully in an extensive comparison between the case law of the CJEU and the Court in Strasbourg, so as to encompass a variety of prominent issues, from the way in which specific rights are protected (e.g. the right not to be discriminated against, human dignity, and social rights) to interpretive techniques and the reasoning used by the Courts. The analysis is supplied with an extraordinary amount of case-law, which confirms the sound nature of the work. -- Cristina Fasone, European Constitutional Law Review’The book by Martinico and Pollicino is an interesting example of looking at judicial activism through the prism of historical circumstances.’ -- Krystyna Kowalik-Banczyk, Common Market Law ReviewTable of ContentsContents: Part I 1. The Interaction between Europe’s Legal Systems: An Introduction to the Investigation 2. The Formal Parameter 3. The Law in Action Part II 4. External Convergence: Towards a Rapprochement of the EU and ECHR Regimes After the Enlargement of Europe to the East 5. The Enlargement of Europe to the East and the Reaction of the European Court of Human Rights 6. The Enlargement of Europe to the East and the Reaction of the European Court of Justice 7. Conclusions Index

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Book Synopsis'El libro de S.I. Strong, Katia Fach Gómez y Laura Carballo Piñeiro sigue la estructura de algunos textos clásicos de Derecho Comparado, como los de Rudolf Schelsinger y John Henry Merryman, cotejando los elementos generales de los dos grandes sistemas jurídicos del Derecho Civil y el Common Law, analizando las semejanzas y diferencias de ambos sistemas con un fin eminentemente práctico: atender a las necesidades de aquellos que trabajan cruzando las fronteras lingüísticas para analizar un análisis comparado.'- Rodrigo Polanco Lazo, Universidad de Chile and Universidad de Berna, Suiza Comparative Law for Spanish-English Lawyers (Derecho Comparado para Abogados Anglo- e Hispanoparlantes) provides lawyers and law students who are conversationally fluent in both Spanish and English with the information and skills needed to undertake comparative legal research in their second language and facilitate communication with colleagues and clients in that language.Key features include: fully Spanish-English bilingual enables lawyers to develop the broad practical skills critical to success in today's increasingly international legal market covers a variety of substantive and procedural areas of law and includes information on legal and business practices in a number of English- and Spanish-speaking jurisdictions contextualizes information about foreign legal systems and develops readers' linguistic and legal skills through both immersion and instruction. Suitable for use by both individuals and groups, helping practitioners, academics and law students at any stage of their professional development, this book is perfect for anyone who wishes to move from conversational fluency in a second language to legal fluency.Comparative Law for Spanish English Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.Trade ReviewComparative Law for Spanish-English Speaking Lawyers is an extremely well researched and well put together book, and it will be a worthwhile investment for those attorneys who regularly conduct business with Span and/or Mexico. Additionally, law schools with Study Abroad programs in a variety of Spanish speaking nations will find this a valuable resource, useful for preparing their students for coursework and even internships in those foreign countries.' --Stacy Fowler, International Journal of Legal Information'This insightful book offers innovative solutions to tackle the cultural, legal and linguistic nuances which inevitably arise in international law, trade and commerce. It will also provide assistance to the international legal community by providing a greater degree of legal certainty and precision. For these reasons alone, it is a necessary addition to any bilingual (Spanish-English) practitioner's library, as well as a template for further works in other languages.' --Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP, UK'La originalidad de su concepción y el alto valor práctico añadido a los materiales incluidos en el texto sólo permiten abrigar buenos augurios. Es probable, incluso, que el libro abra una nueva modalidad para los escritos de Derecho comparado que comience a extenderse a otros binomios lingüísticos, lo cual sería una excelente noticia.' --Diego P Fernández Arroyo, Sciences Po Law School, FranceTable of ContentsContents: About the authors - Sobre las autoras Foreword - Prologo Preface - Prefacio Acknowledgements - Agradecimientos Permissions - Permisos List of abbreviations - Lista de abreviaturas Table of cases - Tabla de jurisprudencia Table of legislation - Table de legislacion PART I: INTRODUCTION - SECTION I INTRODUCCIÓN 1. Introduction – Introducción 2. Legal, Business and Social Cultures – Culturas Jurídicas, Empresariales Y Sociales SECTION II : SOURCES OF LAW/SECCION II FUENTES DEL DERECHO 3. Basic Principles of Comparative Law – Principios Básicos De Derecho Comparado 4. Legislation – Legislación 5. Decisions From Judicial and Other Tribunals – Decisiones De La Judicatura Y Otros Tribunales 6. Treatises and Scholarly Commentary – Doctrina SECTION III: SUBJECT-SPECIFIC AREAS OF LAW/SECCIÓN III – ÁREAS JURÍDICAS ESPECÍFICAS 7. Substantive Law – Derecho Sustantivo 8. Procedural Law – Derecho Procesal SECTION IV: PRACTICAL ISSUES/SECCIÓN IV – CUESTIONES PRÁCTICAS DE LA PRACTICA JURIDICA 9. Submissions to Judicial, Arbitral and Other Tribunals – Escritos Dirigidos A Tribunales De Justicia, Arbitrales Y Otros 10. Trasactional Documents/Documentos Transaccionales 11. Internal and External Correspondence and Memoranda – Correspondencia Externa E Interna Y Dictámenes SECTION V: EXERCISES AND FURTHER DEVELOPMENT/SECCIÓN V – EJERCICIOS Y OTROS DESARROLLOS 12. Mock Arbitral Dispute – Simulación De Arbitraje 13. Mock Legal Transaction – Simulación De Transacciónes Jurídicas 14. Answers to self-tests - Contestaciones a las autoevaluaciones Index/Indice

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Book SynopsisRegional integration, mass migration and the development of transnational organizations are just some of the factors challenging the traditional definitions of citizenship. In this important new book, Rainer Baubock argues that citizenship rights will have to extend beyond nationality and state territory if liberal democracies are to remain true to their own principles of inclusive membership and equal basic rights. In Transnational Citizenship theoretical discussion of the definition and extension of citizenship rights is combined with comparative policy analysis on rules of naturalization and expatriation in liberal democratic states. An important distinction is drawn between nominal citizenship, which refers to the legal status of membership, and substantial citizenship, which concerns the distribution of basic rights in a state. Three areas where states can become more open to the acceptance of migrants as citizens are suggested: naturalization, the extension of citizenship rights to non-citizens and the admission of immigrants. Although the author still regards citizenship in terms of membership of territorially bounded states, he argues that it can no longer be defined by the model of national communities.In exploring what it means to accept migrants as members of liberal democracies, Rainer Baubock has made a singular contribution to our understanding of citizenship and the right to migration. Innovative without being utopian, this important book will be welcomed by political and sociological theorists, migration researchers and lawyers concerned with issues of migration and naturalization.Trade Review’This is a provocative and timely book. . .’Table of ContentsPart I Membership: territorial boundaries; attributed membership; foundational consent; consent in entry; consent in exit; membership decisions and associations; collective membership and self-determination. Part II Rights: entitlement and liberties; special and general rights; scarcity and alienability of rights; collective rights; rights and obligations; migration rights.

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Book SynopsisAdopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.Table of ContentsForeword: A Living Instrument / Phil FontaineIntroduction: From Development to Implementation: An Ongoing Journey / Jackie Hartley, Paul Joffe, and Jennifer PrestonI: Development, Adoption, and Implementation1. Reflections on the Development, Adoption, and Implementation of the UN Declaration on the Rights of Indigenous Peoples / Kenneth Deer2. Dreamtime Discovery: New Reality and Hope / Les Malezer3. Survival, Dignity, and Well-Being: Implementing the Declaration in British Columbia / Grand Chief Edward JohnII: States and Civil Society 4. Implementing the Declaration: A State Representative Perspective / Connie Taracena5. Canada’s Opposition to the UN Declaration: Legitimate Concerns or Ideological Bias? / Paul Joffe6. Realizing the Human Rights of Indigenous Peoples: Partnerships with Non-Indigenous NGOs / Jennifer PrestonIII: Treaty Rights and Free, Prior, and Informed Consent: Essential Aspects of Self-Determination7. Consistent Advocacy: Treaty Rights and the UN Declaration / Wilton Littlechild8. The Right to Free, Prior, and Informed Consent: A Framework for Harmonious Relations and New Processes for Redress / Andrea Carmen9. The Significance of the UN Declaration to a Treaty Nation: A James Bay Cree Perspective / Romeo Saganash and Paul JoffeIV: Dimensions of Collective and Individual Society10. A Vision for Fulfilling the Indivisible Rights of Indigenous Women / M. Celeste McKay and Craig Benjamin11. More than Words: Promoting and Protecting the Rights of Indigenous Children with International Human Rights Instruments / Mary Ellen Turpel-LafondConclusion: Hopes and Challenges on the Road Ahead / Jackie Hartley, Paul Joffe, and Jennifer PrestonAppendices: Appendix I: United Nations Declaration on the Rights of Indigenous PeoplesAppendix II*: Open Letter: Canada Needs to Implement this New Human Rights InstrumentAppendix III: Supportive Statements WorldwideNotesIndexContributorsList of Abbreviations* Some signatories to the Open Letter are missing in the printed book. A complete list is contained in an update available online.

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Book SynopsisBy studying law implementation in different areas and at different levels, contributors from various disciplines give a nuanced picture of law implementation in China, showing that it is rare to find examples of complete success or failure. Instead, making law work in actual practice, and in any society, is a matter of degree. The study is multidisciplinary in character and builds on insights from both sociology of law and political science.

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Book SynopsisThis book offers a comparative review of the ultra vires doctrine in corporate law. Divided into three main sections, it first provides a brief overview of the historical background and the scope of the ultra vires doctrine. It then analyses the essential features of the doctrine in the common law and civil law traditions across the Western world. Lastly, the book examines the objects clause, procedural aspects, and the mechanism of ratification of such ultra vires acts. The book's comparative approach and global contextualization of the subject matter will be of interest to readers from around the globe, familiarizing them with legal provisions, case law, and recent literature. Although it is primarily intended for scholars in the area of corporate law, it is also a valuable resource for professionals in the field of commercial law who deal with issues related to the capacity of firms and the powers of their directors.Table of ContentsChapter 1. Introduction.- Chapter 2. Conceptual presentation of the ultra vires doctrine.- Chapter 3. The ultra vires doctrine in common law.- Chapter 4. The ultra vires doctrine in European civil law.- Chapter 5. The ultra vires doctrine in Latin America.- Chapter 6. The objects clause and the ultra vires doctrine.- Chapter 7. Legal procedure to reject ultra vires acts.- Chapter 8. Ratification of ultra vires acts.- Chapter 9. Conclusion.

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Book SynopsisHow we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law.The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice.This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.Table of ContentsIntroduction.- Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process.- Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process.​- Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters.- The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America.- Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs.- Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems.- A methodology to study two regional human rights protection systems.- The Inter-American Court of Human Rights case law on due process over civil matters.- The European Court of Human Rights case law on due process over civil or non-criminal matters.- A brief comparison between both regional systems.- Part IV. Procedural Due Process in the American Legal System.- Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights.- The path of procedural due process into the American Constitution. Scope of application.- Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands.- Why civil and criminal procedures require different theories on procedural due process.- .The right to a court as a key to understanding the right to a fair trial in civil matters.- A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile.- Conclusions.

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Book SynopsisThis book brings together empirical and theoretical case-study research on art and heritage crime. Drawn from a diverse group of researchers and professionals, the work presented explores contemporary conceptualisations of art crime within broader contexts. In this volume, we see ‘art’ in its usual forms for art crime scholarship: in paintings and antiquities. However, we also see art in fossils and in violins, chairs and jewellery, holes in the ground and even in the institutions meant to protect any, or all, of the above. And where there is art, there is crime. Chapters in this volume, alternatively, zoom in on specific objects, on specific locations, and on specific institutions, considering how each interact with the various conceptions of crime that exist in those contexts. This volume challenges the boundaries of what we understand as “art and heritage crimes” and displays that both art, and criminality related to art, is creative and unpredictable.Table of ContentsIntroduction.- Assay-ssination: Reflections on the Cost of Jewellery and Gem Crime.- Design crime in context: Mass-manufactured design, design-as-art, and Chandigarh’s modernist furniture.- The Evolution of the Belgian Art and Antiques Unit.- Fossil trafficking, fraud, and fakery.- Illicit Excavations and Trade in Antiquities.- New Security Challenges at Museums and Historic Sites: The Case of Spain.- Revisiting the Looting of Site Q through Lidar: A Case Study of Illicit Digging in La Corona, Guatemala.- Securing Borders and Restraining the Illegal Movement of Cultural Property to, from, and within, the Island of Ireland.- Stealing Heritage in Canada.- The Theft of Your Soulmate: Motivations for the Theft of Rare Violins.- UNESCO Emergency Response “First-Aid” Heritage Interventions in Syria during Armed Conflict.- Yellow Journalism: Neutralisation techniques, media validation, and the Rothko vandal.

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Book SynopsisThis strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.Table of ContentsIntroduction.- Part I The Context.- The geopolitical context.- The legal context.- Part II Common Foreign and Security Policy after Lisbon.- Restrictive measures: constitutional issues, classification, judicial review.- Common Security and Defence Policy in Action.- The silence of foreign policy.- Part III The key themes.- Between law and geopolitics.- Conclusion.

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Book SynopsisThis book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate.This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland.Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law.In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.Table of Contents1. Introduction and Methodology.- 2. Gain-based Remedies for Breach of Contract in General.- 3. Finding Gain-based Remedies under the Compensatory Principles.- 4. Finding Gain-Based Remedies under Restitutionary Principles.- 5. Summary and Conclusions.- 6. Bibliography.

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Book SynopsisIntroduction: Convergence and divergence in times of crisis.- Part I: Conceptual and theoretical perspectives.- Terminology.- The concept of legal convergence.- Resisting legal convergence.- Part II: Thematic and jurisdictional case studies 1: private law.- Bankruptcy law in the United States.- Labour law in the United Kingdom.- Consumer law in Ghana.- Family and child law in Chile.- Contract law in Germany.- Part III: Thematic and jurisdictional case studies 2: public law.- Environmental law in China.- Healthcare law in Denmark.- Immigration law in Russia.- Social rights in Australia.- Part IV: Convergence and divergence in context.- Harmonisation and European integration in times of crisis.- International judicial cooperation in times of crisis.- The influence of binding international instruments on domestic laws in times of crisis.- The role of soft law in times of crisis.- Part V: Concluding comments.- Conclusion: Are legal systems converging or diverging?.

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Book SynopsisThe book shows that the Regulation pursues its objective of ensuring greater equality of competitive conditions on the EUs Internal Market only by accepting new bureaucracy, establishing the need forcomplex andextensive assessments and raisingconsiderable legal uncertainties as a result of undefined legal terms and comprehensiveCommission discretion. The EU legislators, the Council and the European Parliament, in June 2022 adopted a new regulation that entered into force 12 January 2023: Regulation 2022/2560 on foreign subsidies distorting the internal market. This book analyses the regulation in more detail. To this end, after the briefintroduction, itsrationale and core contents are first presented. Then, its scope of application is to be explored in more detail, as the Regulation was criticised early on with regard to its compatibility with international law, which has an intense bearing on the substantive and personal scope of application of the Regulation. Subsequently the central regulatory concepts of the Regulation will be presented and then the specific rules for concentrations and public procurement procedures analysed. The conclusion will summarise the findings. In view of the likely backlash from powerful third countries, there is a risk of new distortions to the detriment of EU companies activities in third country markets.

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