International law Books

Book SynopsisIntroducing the NegevBedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples', progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin's traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines' land in Australia is introduced as an example of indigenous peoples'' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial rTable of Contents1. Introduction 2. Background 3. Dispossession of Bedouin land 4. Protection of indigenous peoples’ land rights under international and regional systems 5. Recognition of indigenous peoples’ land rights 6. Land recognition: application of the customary land rights model in the Bedouin case

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Book SynopsisUN peace operations are increasingly asked to pursue stabilization mandates with lofty expectations of being able to stabilize conflict zones, achieve national reconciliation, and rebuild state legitimacy. This book investigates the relationship between UN stabilization mandates and the concept of human security'.The book is divided into three parts. Part I outlines the emergence of stabilization and other trends in peacekeeping practice and outlines an analytical framework of human security. Part II applies the analytical framework to case studies of MINUSMA, MINUSCA, and UNMISS examining issues, such as human rights, empowerment, protection, and vulnerability. In Part III the book draws out several concerns that arise from stabilization mandates, including the militarisation of UN peace operations and the consequences under international humanitarian law, the risks of close cooperation with the host state and engagement in counter-terror activities, and the potential clash Trade Review'...this book should be read by any legal or non-legal scholar interested in recent trends in peacekeeping operations...in the framework of an impressive knowledge of legal issues pertaining to peacekeeping missions...the content of each chapter is carefully researched, well-presented and full of interesting analysis...this concise and clever book deserves to be read widely, is going to be read widely and probably will spark more debate among peacekeeping experts and stakeholders from legal and non-legal fields alike.'Dr Marco Longobardo, Westminster Law School, UK; book review in Journal of Conflict & Security LawTable of Contents1 IntroductionPart I Context and conceptual framework2 The many faces of UN intervention3 The concept of human securityPart II Case studies4 United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) 5 United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA)6 United Nations Mission in the Republic of South Sudan (UNMISS)Part III Human security’s place in international peace and security7 The (in)compatibility of stabilization and human security8 Making use of human security

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Book SynopsisA high level of English remains essential for any lawyer wishing to work internationally, but transferring language skills from the classroom to the workplace can be challenging. This book shows non-native, English speaking lawyers how to apply their English language skills to everyday legal situations and contexts, providing essential guidance to ensure they can work confidently in different settings and mediums.Including activities based on real-life scenarios, the book will allow lawyers and law students to practise their English in key areas of working life, from networking and client meetings, to telephone and conference calls, contract drafting and contract negotiations, presentations and using social media. Written by two highly experienced legal English language tutors, both former legal professionals, it also features online support material that includes listening exercises to complement those based on writing and reading comprehension.Designed to hone skillsTrade Review"A great book on legal English skills for lawyers, law students, and legal English trainers; full of real-life situations and practical exercises. Highly recommended."Elisabeth Staels, President European Legal English Teachers’ Association (EULETA), Legal English trainer and consultant"Combining language for specific purposes acquisition with much sought after real-world legal skills, which elsewhere are frequently treated cursorily or as a background or secondary topic, this new publication moves away from the traditional teaching of Legal English by 'legal theme' to place skills development right at the centre of the reader-learner’s focus. This is a highly practical resource book by two of the most dynamic and innovative instructors-materials developers in the Legal English field today with whom I have had the pleasure and privilege to work."David Albert BEST (PhD), Lecturer in English for Legal Purposes at the Université Libre de Bruxelles and former President of EULETA (2016-2021)"Two aspects of this well-structured and clearly written book put it ahead of the pack: its use of realistic and modern legal scenarios and the detailed and practical guidance it offers. It will be an invaluable resource for lawyers and law students who wish to improve their English language skills."Rupert Haigh, Author of Legal English (6th edn., Routledge 2021) and the Oxford Handbook of Legal Correspondence (2006, OUP)"Natasha Costello and Louise Kulbicki have effectively integrated deep legal knowledge and student-centered language learning pedagogy to create a work that is a rare combination in the field of legal English. Their love of law, of language teaching, and of their students shows through in all of their work and will be well appreciated by both students and teachers."Stephen Horowitz, Professor of Legal English at Georgetown Law, Co-Host of the USLawEssentials Law & Language Podcast "This excellent coursebook provides ideal soft-skills training in English for lawyers working in international contexts. Rather than focussing on a more traditional four-skills approach to Legal English, it concentrates on the professional skills attorneys need to best represent their clients. It has filled a long-standing gap in the market, and will provide enjoyable and effective training for practicing lawyers. Highly recommended!"Matt Firth, University of St. Gallen, Switzerland, co-author of Introduction to International Legal English, co-founder of EULETA"A brilliant legal English resource book suitable for class study, full of real-life insights, useful phrases, engaging roleplays and hands-on tasks."Mgr. Kateřina Chudová, Department head, Language Centre, Faculty of Law Division, from Masaryk UniversityTable of ContentsIntroduction Chapter 1. Networking Chapter 2. Telephoning and Conference Calls Chapter 3. Client Meetings Chapter 4. Legal Writing Chapter 5. Presentations Chapter 6. Social Media Marketing Chapter 7. Job applications and interviews Chapter 8. Contract Drafting and Review Chapter 9. Contract Negotiations Chapter 10. Alternative Dispute Resolution Chapter 11. Advocacy

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Book SynopsisThis edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements â agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements.Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.Table of ContentsPart I: Theoretical and Conceptual Frameworks 1. Indigenous-Industry Agreements, Natural Resources and the Law: An Introduction 2. The (Legal) Nature of Indigenous Peoples’ Agreements with Extractive Companies 3. Essential Preconditions for an Indigenous-Industry Agreement with Community Legitimacy 4. Indigenous-Industry Agreements, Legal Uncertainty, and Risk Allocations Part II: Analytical and Critical Perspectives 5. Negotiated Agreements, Indigenous FPIC and the Mine Life Cycle 6. Gender Impact Analysis of Impact Benefit Agreements: Representation Clauses and UNDRIP 7. Who are the Métis? The Role of Free, Prior and Informed Consent in Identifying a Métis Rights-Holder Part III: Politics, Environment and Sustainability 8. The Contentious Politics of Impact and Benefit Agreements: A ‘Sons of the Soil’ Conflict Perspective 9. Impact Benefit Agreements, Transparency, and Sustainability 10. The Relationship between Indigenous-Industry Agreements and Environmental Assessment: Enhanced Credibility and Collaboration, or Undermining the Project Review Process? Part IV: Jurisdictional Case Studies 11. Contesting Indigenous-Industry Agreements in Latin America 12. Is this Really Benefit Sharing? Understanding Current Practices Around Community-Investor Agreements Tied to Land Investments 13. Enhancing the Benefits of Local Content in Extractive Industry Agreements: Legal Approaches and Trends in Frontier Extractive Jurisdictions 14. Indigenous Land Use Agreements in Australia: A Vehicle for Economic Prosperity or an Empty Gesture 15. Canadian Law and Realpolitik Regarding Indigenous-Industry Agreements 16. Towards Comprehensive Engagement: Indigenous-Industry Collaboration in the Resource Sector in Canada

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Book SynopsisThis book presents a legal genealogy of biodiversity of its strategic use before and after the adoption of the Convention on Biological Diversity, 1993.This history of genetic gold' details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book's focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention's continued existence.Drawing from environmental history, the philosophy of science, politicaTable of Contents1. The ‘Undead’ Convention and Environmental Reason 2. Lambswool into Synthetic: Early Programmes 3. The Glare of International Law and the Grand Bargain 4. The Genetic Gold Rush 5. The Regulation of Genetic Gold 6.Conclusion - Still Here

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Book SynopsisFirst published in 1970, Akehurst's Modern Introduction to International Law rapidly established itself as a widely used and successful textbook in its field. Being the shortest of all the major textbooks in this area, it continues to offer a concise and accessible overview of the concepts, themes, and issues central to the growing system of international law, while retaining Akehurst's original positivist approach that accounts for the essence and character of this system of law.This new ninth edition has been further revised and updated by Alexander Orakhelashvili to take account of a plethora of recent developments and updates in the field, accounting for over forty decisions of international and national courts, as well as a number of treaties and major incidents that have occurred since the eighth edition of this textbook was published.Based on transparent methodology and with a distinctive cross-jurisdictional approach which opens up the diTrade Review"For over half a century Akehurst has stood out among introductions to international law for its readability and comprehensiveness, and its insightful analysis. Alexander Orakhelashvili has done a superb job in bringing it not only into the twenty-first century but right up to date. It remains an essential reference point for everyone in the field."Philip Alston, John Norton Pomeroy Professor of Law, New York University, USA"First published in 1970, Akehurst is a classic textbook that has introduced generations of students to the study of international law. In this ninth edition, Alexander Orakhelashvili brings it fully up to date while preserving its distinctly clear and insightful treatment of both doctrinal and theoretical questions. Akehurst remains an essential companion for every serious student of international law."Umut Özsu, Associate Professor, Carleton University, Canada"Alexander Orakhelashvili has masterfully updated Akehurst’s textbook for the ninth edition to include recent developments in international law, notably in the law of the sea, treaty law, international trade law, and, of course, international criminal law."Kevin W. Gray, Lecturer, University of Toronto, Canada"This new edition of Akehurst has been fully updated by Orakhelashvili to take into account key developments in terms of state practice, treaties, and case law. It is an up to date and comprehensive yet accessible introduction to international law that will be of use to students of all levels, academics, practitioners, and anybody with an interest in international law as it operates in both its historical and contemporary context."Christian Henderson, Professor of International Law, University of Sussex, UKTable of Contents1. Introduction 2. History 3. Sources of international law 4. International law and municipal law 5. Creation and recognition of States 6. Legal personality of non-State entities 7. Territory 8. The law of the sea 9. Air space and outer space 10. State jurisdiction 11. Immunity from jurisdiction 12. Law of treaties 13. State responsibility 14. State succession 15. Protected persons and entities: nationality and individual rights 16. Protected persons and entities: human rights, group rights, and self-determination 17. Protection of the environment 18. International economic relations 19. International criminal justice 20. Use of force 21. Laws applicable to war and armed conflict 22. The United Nations and peace and security 23. Settlement of disputes

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Book SynopsisThrough an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia. Table of ContentsPart I: Model Conflict in Land Law and Civil Code Drafting 1. "Origin of Land Disputes: Reviving Colonial Apparatus in Land Law Reforms" 2. "Land Ownership in Cambodia: Inter-Donor Debates for the Protection of Private Rights in Development" 3. "Lao Civil Code and Land Law Debates" 4. "Land Law Reform and Civil Code Drafting in Vietnam: How to Balance the Conflicting Needs for Land" Part II: Land Taking for "Development" and Beyond 5. "Takings for Private Use/Private Interest and Livelihood Compensation in Japan" 6. "What enables a private party to expropriate an individual from an estate in Korea?" 7. "Public-Interest Requirements of Zone Expropriation in Taiwan" 8. "Land Expropriation and Compensation in China" Part III: Securing Commons in the Old and New Property Regime 9. "Vacant Properties in Japan: A New Challenge for the Study of the Commons and Land Laws in Asia" 10. "Land Disputes in Indonesia: Consistency of Supreme Court and Constitutional Court Judgments" 11. "Right of Commons under Japan’s Civil Code" 12. "The Concept of Juridical Personality and the Autonomy of Villagers’ Committees in China "Part IV: Land Law toward Alternative "Development" 13. "Land Law Reforms in Asian Emerging Economies: Toward Balanced Development" 14. "The Role of Administrative Courts in Vietnam in Solving Land Disputes: Legal and Political Boundaries" 15. "Land Law and Disputes in Myanmar: A Historical Struggle for Redefining the Property Rights" 16. "Asian Land Conflicts and the Great Transformation: Fallacy of the Law and Development Long-Term View".

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Book SynopsisNow in its eighth edition, this classic text is a first point of reference for anyone looking to obtain an understanding of chartering and shipbroking practice. It provides hands-on, commercially-focused explanations of chartering business and invaluable advice on how the shipping market operates across a broad range of topics. The authors also deal expertly with the legal, financial, operational and managerial aspects of chartering, offering numerous case studies which clearly link theory to practice. This new edition has been fully revised and updated to reflect the current trends in chartering practice, legal developments and standard forms of charterparties. New to this edition: Enriched with practical examples covering crucial aspects of chartering and shipbroking business, such as voyage estimations, freight conversions and tanker calculations. New material on day-to-day laytime principles, including Laytime Definitions for CharterpartieTable of Contents1. Charter Market 2. Charter Rates and State of the Freight Market 3. Chartering Information 4. Chartering Business and Ship Management 5. Chartering Policy and Marketing Strategy 6. Sales Contract, Carriage and Bill of Lading 7. Charter Forms 8. Chartering Routines 9. Basic Legal Knowledge on Charterparties 10. Common Clauses and Concepts 11. Voyage Charter 12. Time Charter 13. Bareboat Charter and Contract of Affreightment 14. Freight Calculations 15. Laytime Calculations

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Book SynopsisHave we gone too far in enacting laws, promulgating regulations and announcing policies that threaten freedom of association, either now or in waiting' for the future?Regulation of the Voluntary Sector focuses on the legal and political environment for civil society in an era in which counter-terrorism policy and law have challenged civil society and civil liberties in a number of countries. The ways in which counter-terrorism law and policy affect civil society can and do differ dramatically by country and region. Through the lens of developments since September 11th, Mark Sidel provides the first comparative analysis of state responses to voluntary sector activity.  Comparing the situations in the UK and the US, as well as in Australia, Canada, India and within the European Union, he surveys the increasing efforts to delimit and restrict voluntary sector activities such as fundraising and grant-making as well as opposition to them. Table of ContentsIntroduction 1. The United States 2. The United Kingdom 3. Canada 4. India 5. The European Union 6. Initiatives in Response: The Montreux Initiative, Humanitarian Forum, and Other Steps. Conclusion

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Book SynopsisThis book examines recent attempts at reform within the United Nations in the wake of the institutional crisis provoked by the invasion of Iraq. It contends that efforts at reform have foundered owing to fundamental and bitter political disagreements between the nations of the global North and South. Following profound discord in the Security Council in the lead up to the US-led invasion of Iraq in 2003, this book considers the ambitious programme of reform instigated by then serving UN Secretary-General Kofi Annan. The author of this highly topical work, Spencer Zifcak, subjects six of Annanâs principal proposals for reform to scrutiny: the reform of the Security Council, the General Assembly, and the Human Rights Council, and suggested alterations to international law with respect to the use of force in international affairs, the âresponsibility to protectâ, and UN strategies to counter global terrorism. On the basis of these detailed case-studies, the book demonstrates why so few proposals for reform were eventually adopted. It argues that the principal reason for this failure was that nations of the North and South could not agree as to the merits of the reforms proposed, exposing the sharply differing visions held by member states for a future and improved United Nations. Founded upon extensive interviews with diplomats at the United Nations, the book provides a rare âinsiderâ account of UN politics and practice. It will be of vital interest to students, scholars and practitioners of International Relations, International Law, and International Institutions.Table of Contents1. The Grand Vision 2. The Security Council 3. The General Assembly 4. The Human Rights Council 5. The Use of Force in International Affairs 6. The Responsibility to Protect 7. Counter-Terrorism Strategy 8. Explaining What Happened 9. The UN’s North-South Divide 10. Epilogue

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Book SynopsisThis text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this myth versus reality framework are incorporated into each of the topical chapters:1) Myth versus Reality boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities.2) Pop Culture boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest.3) How Do We Know? boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary andTrade Review"This superb volume successfully blends coverage of the judicial process with social scientific research on the legal system and insights into how legal actors are viewed in popular culture. This is no easy feat and I am confident that both students and professors will find this a most welcome and exciting approach."—Paul M. Collins, Jr., University of Massachusetts, Amherst"American Judicial Process is a game changer. Instead of relegating empirical evidence to the footnotes, this book challenges students to consider how we know what we know. The political science is front and center, but the masterful integration of examples from popular culture makes this anything but a dull read. Corley, Martinek, and Ward are a dream team for this kind of project. They have struck the perfect balance between wit and wisdom. This book challenges the popular conception of the American system of law and courts with a balanced—but never boring—reality check."—Rebecca D. Gill, Associate Professor of Political Science, University of Nevada, Las Vegas"One of my biggest challenges as a teacher is finding a text that can engage students without sacrificing intellectual rigor or content. American Judicial Process threads that needle in a way no existing text does. This is a superb text that fills an important gap on the judicial bookshelf."—Ryan C. Black, Michigan State University"Written by three highly-respected law and courts scholars, American Judicial Process combines a rigorous focus on substantive material with a host of features that enhance its relevance to students. It also presents important findings from social science research in a straightforward and accessible way. I have been waiting for a judicial process book like this for a long time."—Brett Curry, Georgia Southern University"Corley, Ward, and Martinek provide an in-depth account of the American judicial process that often challenges existing understandings. Exceptionally well-written and grounded in current social science scholarship, the authors effectively use a variety of pedagogical tools. As someone who has taught undergraduates for over twenty years, I am excited about using this text in my judicial process class."—Susan B. Haire, University of Georgia"This superb volume successfully blends coverage of the judicial process with social scientific research on the legal system and insights into how legal actors are viewed in popular culture. This is no easy feat and I am confident that both students and professors will find this a most welcome and exciting approach."—Paul M. Collins, Jr., University of Massachusetts, Amherst"American Judicial Process is a game changer. Instead of relegating empirical evidence to the footnotes, this book challenges students to consider how we know what we know. The political science is front and center, but the masterful integration of examples from popular culture makes this anything but a dull read. Corley, Martinek, and Ward are a dream team for this kind of project. They have struck the perfect balance between wit and wisdom. This book challenges the popular conception of the American system of law and courts with a balanced—but never boring—reality check."—Rebecca D. Gill, University of Nevada, Las Vegas"One of my biggest challenges as a teacher is finding a text that can engage students without sacrificing intellectual rigor or content. American Judicial Process threads that needle in a way no existing text does. This is a superb text that fills an important gap on the judicial bookshelf."—Ryan C. Black, Michigan State University"Written by three highly-respected law and courts scholars, American Judicial Process combines a rigorous focus on substantive material with a host of features that enhance its relevance to students. It also presents important findings from social science research in a straightforward and accessible way. I have been waiting for a judicial process book like this for a long time."—Brett Curry, Georgia Southern University"Corley, Ward, and Martinek provide an in-depth account of the American judicial process that often challenges existing understandings. Exceptionally well-written and grounded in current social science scholarship, the authors effectively use a variety of pedagogical tools. As someone who has taught undergraduates for over twenty years, I am excited about using this text in my judicial process class."—Susan B. Haire, University of GeorgiaTable of Contents1. Myth and Reality in the Judicial Process 2. Thinking Like a Lawyer: Legal Education and Law School 3. The Legal Profession: Lawyers and the Practice of Law 4. Organization of Courts 5. Choosing Judges 6. Civil Law 7. Criminal Law 8. Trials 9. Appeals 10. The Supreme Court 11. Implementation and Impact

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Book SynopsisThe ongoing crisis in Darfur, Sudan has stimulated a huge amount of political and academic interest across the world. The crisis has been both reflective and constitutive of key areas of contestation and change within contemporary international society. This book examines the crisis in Darfur as a case study of some of the wider debates currently taking place within International Relations theory. Using the conceptual framework developed by English School theorists, specifically their concept of international society and the related idea of good international citizenship, this book examines a wide range of issues: foreign policy analysis, theories of norm diffusion, international organizations, peace operations, international criminal justice and war law, the causes and nature of contemporary warfare, and the international relations of Africa.Making an important contribution to the debate about the meaning and limits of international society, this book will be oTrade Review'This collection of essays provide an elegant reminder of why international society is a contested concept and Darfur is a contested conflict. A first-rate piece of work about the central dilemmas facing governments, international organizations, NGOs, and citizens.' - Professor Thomas G. Weiss, The CUNY Graduate Center, USA'Despite the attention focused on the conflict in Darfur since it broke out in 20003, there have been few systematic studies that probe the role of major regional and international players in the conflict. Black and Williams’ The International Politics of Atrocities: The Case of Darfur, fills this lacunae. Against the backdrop of the turbulence in Sudanese politics, the book has cogently assembled a broad range of expertise to examine the roles of multilateral and bilateral actors. The chapters are neatly woven around the organizing theme of the possibilities and limits to good international citizenship. The book is bound to find wide readership and improve our understanding of the complexity of external action and inaction in Darfur.' - Gilbert M. Khadiagala, Jan Smuts Professor of International Relations, The University of the Witwatersrand, South Africa'For me, this important book teaches us, through the evidence provided by regional specialists on Darfur from a variety of countries, that there is less to the notions of 'international society', 'international community', 'good international citizenship', 'solidarism', and 'responsibility to protect' than their official and academic proponents claim. Tragically, such a verdict is always likely to be starkest when 'mass atrocities' occur in Africa.' - Professor Ken Booth FBA, Senior Research Associate, Aberystwyth University, UK'It will …be an invaluable resource for scholars of Darfur, human rights, and humanitarian intervention.' - Kenneth A. Rodman, William R. Cotter Distinguished Professor of Government, Colby College, USA'This is an excellent volume: well-conceived, designed, researched and written… represents the very best of case-specific scholarship on the difficult (issue) of collective responses to genocidal conflict…(N)icely integrates IR theory and the details of this particular case. The study blends well broader concerns such as the existence and capacity of an "international society" and the tenaciously problematic case of Darfur.…gives the international response to Darfur a clear yardstick and we gain real insights into the challenges of the context and the failures of a robust and effective international response.' - Tim Sisk, Professor and Director, Center for Sustainable Development and International Peace, Josef Korbel School of International Studies, University of Denver‘This book is innovative and noteworthy in bringing together a range of writers who jointly outline the response of "international society", as contested a notion as that is, to the tangled conflict in Darfur, and Sudan more generally [...] The book is successful in providing a fairly comprehensive picture of the conflict and the responses it invited from global actors. It has an interesting feel to it, like a narrative in which each chapter covers the same events and characters from a different perspective... The inevitable overlap does not seem repetitive but provides nuance.’ – Kirsten J. Fisher, University of Helsinki, Political Studies Review, Vol 10:3, Sept. 2012Table of ContentsIntroduction: International Society and the Crisis in Darfur Paul D. Williams and David R. Black Part 1: Regional Politics 1. The Government of Sudan and the Darfurian Armed Groups I.D.F. and Munzoul Assal 2. Regional Politics and the Darfur Crisis Lee J.M. Seymour Part 2: Multilateral Politics 3. The United Nations Security Council Michael MacKinnon 4. The African Union Cristina Badescu and Linnea Bergholm 5. The European Union Rory Keene and Asbjorn Wee 6. The International Criminal Court William A. Schabas Part 3: Bilateral Politics 7. The United States Scott Stedjan and Colin Thomas-Jensen 8. The People’s Republic of China Ian Taylor 9. The United Kingdom Paul D. Williams 10. France Bruno Charbonneau 11. Canada David R. Black. Conclusion David R. Black and Paul D. Williams

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Book SynopsisThe international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particulaTable of ContentsForeword, Michael Reisman. Presentation, Math Noortmann 1. Introduction – Non-State Actors in International Law: Oscillating Between Concepts and Dynamics, Jean d’Aspremont Part I: Theoretical Perspectives 2. Non-State Actors from the Perspective of Legal Positivism: the Communitarian Semantics for the Secondary Rules of International Law, Jean d‘Aspremont 3. Non-State Actors from an International Constitutionalist Perspective: Participation matters!, Thomas Kleinlein 4. Non-State Actors from the Perspective of a Pure Theory of Law, Jörg Kammerhofer 5. Non-State Actors from the Perspective of the Policy Oriented School: Power, Law, Actors and the View from New Haven, Antony d’Amato 6. Towards an Interdisciplinary Approach to Non-State Participation in the Formation of Global Law and Order, Math Noortmann Part II: The Regional Perspectives 7. Non-State Actors in French Legal Scholarship: International Legal Personality’ in Question, Nicolas Leroux 8. Non-State Actors in North American Legal Scholarship: Four Lessons for the Progressive and Critical International Lawyer, Rémi Bachand 9. Non-state Actors in Southeast Asia: How does Civil Society Contribute Towards Norm-building in a State-centric Environment?, Hsien-Li Teresa 10. Contemporary Russian Perspectives on Non-State Actors: Fear of the Loss of State Sovereignty, Lauri Mälksoo Part III: Institutional Perspectives 11. Non-State Actors from the Perspective of the International Court of Justice, Gleider I. Hernández 12. Non-State Actors from the Perspective of the International Law Commission, Gentian Zyberi 13. Non-State Actors from the Perspective of the Institut de Droit international, François Rigaux 14.Non-State Actors from the Perspective of International Criminal Tribunals, Guido Acquaviva 15. Non-State Actors from the Perspective of the International Committee of the Red Cross, Raphaël van Steenberghe 16. The International Law Association and Non-State Actors, Math Noortmann 17. NGO’s Perspectives on Non-State Actors, Gaëlle Breton-Le Goff Part IV: Subject matter-based perspectives 18. Non-State Actors and Human Rights: Corporate Responsibility and the Attempts to Formalize the Role of Corporations as Participants in the International Legal System, Eric de Brabandere 19. Non-State Actors in International Humanitarian Law, Cedric Ryngaert 20. Non-State Actors in International Criminal Law, Cassandra Steer 21. Non-State Actors in International Institutional Law: Non-State, Inter-state or Supra-State? The Peculiar Identity of the Intergovernmental Organization in International Institutional Law, Richard Collins 22. Non-State Actors in International Peace and Security: Non-state actors and the Use of Force, Nicholas Tsagourias 23. Non-State Actors in International Dispute Settlement: Pragmatism in International Law, Eric de Brabandere 24. Non-State Actors in International Investment Law: To Be or Not To Be? The Legal Personality of Non-State Actors in International Investment Law, Patrick Dumberry and Érik Labelle-Eastaugh 25. Non-State Actors in International Environmental Law: A Rousseauist Perspective, Makane Mbengue 26. Non-State Actors in Refugee Law: L’Etat, c’est Moi. Refugee Law as a Response to Non State Action, Penelope Mathew 27. Non-State Actors in European Law: Enhanced Participation of Non-State Actors in EU Law-Making and Law-Enforcement Processes -- a Quest for Legitimacy, Damien Gerard 28. Conclusions : Inclusive Law-making and Law-enforcement Processes for an Exclusive International Legal System, Jean d’Aspremont

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Book SynopsisThis book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic.In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of ETrade Review'Katselli Proukaki's core conclusion that countermeasures as solidarity measures are permitted by international law is well-founded, is supported by her research in State practice, and should be embraced.' 'Katselli Proukaki deserves credit for vigorously challenging the ILC approach with good arguments. Her scholarly work contributes greatly to the debate on solidarity measures as one of the still open issues of the law of State responsibility' Achilles Skordas, Solicitor, England and Wales; Visiting Professor, University of Sydney; Visiting Fellow, British Institute of International and Comparative Law Table of Contents1. The International Community, Jus Cogens Norms and Obligations Erga Omnes 2. Community Interests in the Law on State Responsibility 3. Countermeasures in the Name of Community Interests in State Practice 4. Self-Contained Regimes, Solidarity Measures and the Fragmentation of International Law 5. The Principle of Proportionality

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Book SynopsisThis is the first book to examine individual rights from an economic perspective, collecting together leading articles in this emerging area of interest and showing the vibrant and expanding scholarship that relates them. Areas covered include The implications of constitutional protections of individual rights and freedoms, including freedom of speech and of the press, The right to bear arms, The right against unreasonable searches, The right against self-incrimination, The right to trial by jury, The right against cruel and unusual punishment, including capital punishment. The focus of these papers is both theoretical and empirical, examining how economics can illuminate the entire sequence of crime and punishment, from the decision to commit a crime, to police methods for apprehending and arresting criminals, to the rules used in trials to the scope of punishment for the convicted.Table of Contents1. Introduction Hugo M. Mialon and Paul H.Rubin 2. The Economics of the First Amendment: The Market for Goods and the Market for Ideas R.H. Coase 3. An Economic Analysis of the Law of False Advertising Ellen R. Jordan and Paul H. Rubin 4. Freedom of Speech vs. Efficient Regulation in Markets for Ideas Albert Breton and Ronald Wintrobe 5. A Free Press is Bad News for Corruption Aymo Brunetti and Beatrice Weder 6. The Market for News Sendhil Mullainathan and Andrei Shleifer 7. The Impact of Gun Laws: A Model of Crime and Self Defence Hugo M. Mialon and Thomas Wiseman 8. Crime, Deterrence and Right-to-Carry Concealed Handguns John R. Lott and David B. Mustard 9. The Effect of Concealed Handgun Laws on Crime: Beyond the Dummy Variables Hashem Dezhbakhsh and Paul H. Rubin 10. Effects of Criminal Procedure on Crime Rates: Mapping out the Consequences of the Exclusionary Rule Raymond A. Atkins and Paul H. Rubin 11. An Economic Theory of the Fifth Amendment Hugo M. Mialon 12. The Effects of a Right to Silence Daniel J. Seidmann 13. Noisy Juries and the Choice of Trial Mode in a Sequential Signalling Game: Theory and Evidence Gerald D. Gay, Martin F. Grace, Jayant R. Kale and Thomas H. Noe 14. Runaway Judges?: Selection Effects and the Jury Eric Helland and Alexander Tabarrok 15. Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime, James Andreoni 16. The Deterrent Effect of Capital Punishment: A Question of Life and Death Isaac Ehrlich 17. Does Capital Punishment Have a Deterrent Effect?: New Evidence form Postmoratorium Panel Data Hashem Dezhbakhsh, Paul H. Rubin and Joanna M. Shepherd

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Book SynopsisThe growing interest in the overlap between technical, legal and insurance aspects of technology and engineering is reflected in the formation of the new International Society for Technology, Law and Insurance (ISTLI). This book forms the proceedings of the founding symposium and contains wide ranging papers from engineers, lawyers, and other specialists in insurance, technical approvals and product liability.Trade Review'Useful for all the industries, engineers, and organizations worldwide ... excellent printing and illustrations' - Journal of Structural Engineering, Vol23, January 1997Table of ContentsPreface. Foreword. Contributors. Economic effects of ruin of systems. Designing against failure. Ever diminishing concentric circles: the business outlook for engineering consultants in the litigation. Product liability and the expert witness: a Canadian perspective. The status of product liability in the USA. The relationship of technology and law in civil suits in Japan. The status of product liability in Poland. Present-day Swiss legislation about product liability. Product liability - In case of a licence? Forensic engineering activities in the Czech Republic. Some comments on risk assessment and failure analysis activities in Switzerland. The function of technical documentation: draft recommendation VDI 4500 for user information. International commercial arbitration and engineering. A role model for the validation of mathematical models and software integrity with respect to product. The Brazilian experience in integrity. Ageing, safety and legal aspects of cableways in Austria. Mechanical characteristics of pre-fatigued 2219-T87 and 6061-T6 aluminium alloys under high velocity tension. Fatigue failures and identification of their causes. From a sub-critical to the critical crack - a complex domain in structural stability. Fundamentals of limit-state design of concrete - Russian Experience. Index.

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Book SynopsisHow American human rights lawyers fight for justice in U.S. Courts for international victims of violence

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Book SynopsisUsing case studies and first-person accounts from interviews and fieldwork in post-conflict settings, Peace, Preference, and Property suggests policies that would provide greater choice for displaced people in terms of property restitution and solutions to displacement.Trade ReviewSo far, few books have paid attention to the historical patterns of displacement, legal solutions, and IDP/refugee attitudes. Joireman successfully breaks the pattern of single-case studies in this area by providing an array of comparative empirical evidence and first-hand policy experience to demonstrate the misalignment of international law and preferences of victims of displacement. An excellent contribution to the field, re-orienting our understandings of durable solutions to displacement." —Neophytos Loizides, University of KentTable of Contents List of Illustrations Preface and acknowledgements Chapter 1: Forced Migration and its Troublesome Solutions Chapter 2: International Law on Return Chapter 3: Challenges to Return: Preferences of Displaced People Chapter 4: Children Displaced by Violence Chapter 5: Property and Return Chapter 6: Global Governance and the International Migration Regime Appendix Glossary Bibliography

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Book SynopsisBrings together leading scholars of the courts who employ social science theory and research to explain the role of the Chief Justice of the US Supreme Court. They consider his appointment, office, powers, and influence both within the Court and in the American system of government more generally.Trade Review“This collection of essays presents the first comprehensively systematicstudy of the role and powers of the Chief Justice of the U.S. SupremeCourt. Inspired by and building on Danelski’s social psychologicalconcepts of leadership, these chapters provide an integrated analysis ofthe historical, institutional, and behavioral developments in the office ofthe chief justice. The authors represent the major scholars from the fieldof law and courts in the discipline of political science, and demonstratein their contributions the breadth of methodologies utilized in the field’sresearch.” - Nancy Maveety, Tulane University

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Book SynopsisMuch of our understanding of the world is framed from the perspective of a dominant power center, or from standard readings of historical events. This book employs the idea of remoteness as an analytical tool for viewing international law's encounter with the Americas from the unusual, peripheral perspective of the Atacama Desert.

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Book SynopsisWritten by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters includesummaries of key concepts, discussion questions, and a glossary of terms, as well as informative spotlightsbrief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Lawis a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this bookwith its companion, A Guide to EU EnvironTable of ContentsList of Illustrations List of Spotlight Boxes Preface Part One. Building Blocks of U.S. Environmental Law 1. Regulating Environmental Impacts 2. Key Actors 3. Types of Law 4. Regulatory Instruments Part Two. U.S. Environmental Law 5. Contextualizing U.S. Environmental Law 6. Pollution Control Air Pollution Water Pollution Soil Pollution Toxic Substances Waste Management 7. Ecosystem Management Biodiversity Wildlife Management of Special Ecosystems: Wetlands Land Management and Public Lands Agriculture 8. Climate Change Mitigation Adaptation and Natural Hazards Subnational Approaches Conclusions Acknowledgments Appendix. Time Line of U.S. Environmental Law Additional Resources Glossary Index

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Book SynopsisSeeds of Disaster, Roots of Response describes the economic, organizational, and institutional actions required to improve the continuity and recovery of vital public services in event of disaster. This is the first book to describe the fundamental trade-offs between private efficiency and public vulnerability in an open society.Trade Review'With 85% of America's critical infrastructure in private hands, the American people - and America's economy - are not going to be safe without strong, collaborative action by the public and private sector. Seeds of Disaster, Roots of Response is thus a timely and important volume that is a must-read for anyone concerned about our nation's security. ' Lee Hamilton, President, Woodrow Wilson International Center for Scholars and Vice Chair, 9/11 Commission'Industries that provide critical infrastructure are becoming more efficient, but more vulnerable. This book introduces 'security externalities', a phenomenon that inhibits private investments that would make critical infrastructure services more resilient to potential disaster from any source. It calls not only for more leadership but for more realistic policies from both the private and the public sector. ' Prof. Thomas C. Schelling, Distinguished University Professor, University of Maryland and 2005 Nobel Prize Laureate in Economics'This important book calls for a public-private national infrastructure protection plan to replace the current disorganized and dysfunctional response to catastrophic threats from terrorism, natural disasters and gargantuan operational errors. It asks the hard questions about how government and business can define and finance respective roles and stop the Alphonse and Gaston routine which makes disasters even more disastrous.' Ben W. Heineman, Jr, Senior Fellow at Harvard Law School and Harvard's Kennedy School of Government, Former Senior Vice President and General Counsel of GETable of ContentsForeword General Robert T. Marsh; Part I. Seeds of Disaster: 1. Where private efficiency meets public vulnerability: the critical infrastructure challenge Philip Auerswald, Lewis M. Branscomb, Todd M. La Porte and Erwann Michel-Kerjan; Part II. A Critical Challenge: 2. A nation forewarned: vulnerability of critical infrastructure in the twenty-first century Lewis M. Branscomb; 3. The brittle superpower Stephen E. Flynn; 4. Critical infrastructure protection in the United States since 1993 Brian Lopez; 5. Evolution of vulnerability assessment methods Brian Lopez; Part III. Managing Organizations: 6. Managing for the unexpected: reliability and organizational resilience Todd M. La Porte; 7. Notes toward a theory of the management of vulnerability Robert A. Frosch; 8. Challenges of assuring high reliability when facing suicidal terrorism Todd M. La Porte; 9. Managing for reliability in an age of terrorism Paul R. Schulman and Emery Roe; 10. Organizational strategies for complex system resilience, reliability, and adaptation Todd M. La Porte; Part IV. Securing Networks: 11. Complexity and interdependence: the unmanaged challenge Philip Auerswald; 12. Managing reliability in electric power companies Jack Feinstein; 13. Coordinated and uncoordinated crisis responses by the electric industry Michael Kormos and Thomas Bowe; 14. Electricity: protecting essential services Jay Apt, M. Granger Morgan and Lester B. Lave; 15. A cyber threat to national security? Sean P. Gorman; 16. Interdependent security in interconnected networks Geoffrey Heal, Michael Kearns, Paul Kleindorfer and Howard Kunreuther; Part V. Creating Markets: 17. Insurance, the 14th critical sector Erwann Michel-Kerjan; 18. Private risk management for terrorist attacks Lloyd Dixon and Robert Reville; 19. Terrorism, insurance, and preparedness: connecting the dots James W. Macdonald; 20. Looking beyond TRIA: a clinical examination of potential terrorism loss sharing Howard Kunreuther and Erwann Michel-Kerjan; 21. Financing catastrophe risk with public and private (re)insurance resources Franklin W. Nutter; Part VI. Building Trust: 22. Private-public collaboration on a national and international scale Lewis M. Branscomb and Erwann Michel-Kerjan; 23. Information sharing with the private sector: history, challenges, innovation, and prospects Daniel B. Prieto; 24. Sharing the watch: public-private collaboration for infrastructure security John D. Donahue and Richard J. Zeckhauser; 25. The Paris initiative, 'anthrax and beyond': transnational collaboration among interdependent critical networks Patrick Lagadec and Erwann Michel-Kerjan; Part VII. Roots of Response: 26. Leadership: who will act? Philip Auerswald, Lewis M. Branscomb, Todd M. La Porte and Erwann Michel-Kerjan.

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Book SynopsisIntroduces students to the general principles underpinning property law. The development of a common theme in the study of property, offers a new perspective which helps students gain an underestanding of the more specific branches of the subject.Table of ContentsIntroduction 1. The Legal Concept of Property 2. Justificatory Theories for Private Property 3.Classification of Property 4. The Changing Nature of Property 5. Ownership and Possession 6. Title 7. Creation and Transfer of Proprietary Rights 8. Fragmentation of Ownership 9. Personal and Property Rights 10. Interference with Property Rights and Proprietary Remedies

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Book SynopsisThis text provides a clear and concise introduction to the legal framework surrounding international trade.Trade Review"A comprehensive introduction to the key areas of law that apply in international business." Book News "It is well suited for a textbook at the undergraduate level of perhaps business school." Journal of International Banking LawTable of ContentsList of Figures and Specimens. Foreword. Series Editor's Introduction. About The Institute of Export Examinations. Preface. Dedication. Part I: Principles of the Law of Contract: . 1. Elements of Contract. 2. Terms of a Contract. 3. Misrepresentation. 4. Mistake. 5. Remedies for Breach of Contract. 6. Discharge of Contract. 7. Arbitration. 8. Law Governing a Contract. Part II: Agency Law:. 9. Agency. 10. Exemption Clauses. Part III: Sale of Goods Act 1979:. 11. Sale of Goods. 12. Right of Disposal (Romalpa Clauses). 13. Seller's and Buyer's Remedies. 14. Introduction of CIF and FOB Sales. Part IV: Competition Law:. 15. Restrictive Trade Practices. 16. Free Movement of Goods in the European Community. Part V: Legal Aspects of the Finance of Exports: . 17. The Law Relating to Export Finance. 18. Letters of Credit. Part VI: Export Insurance:. 19. Marine Insurance. 20. General Average. 21. Institute Cargo Clauses. Part VII: Legal Aspects of Carriage by Sea, Air and Road:. 22. Carriage of Goods by Sea. 23. Carriage of Goods by Air. 24. Carriage of Goods by Road. Index.

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Book Synopsis* This is the first text to define and sustain the significance of law in relation to geography. * Brings together a range of readings which have, until now, been scattered in different publications, many not easily available.Trade Review"The Reader in Law and Geography combines the talents of diverse professionals focused upon issues of enormous importance" Professor Gordon L. Clark, University of Oxford "The mutual inscription of law in space and of space in law, for so long invisible, emerges in this volume with the utmost clarity and cogency" Professor Boaventura de Sousa Santos, University of Coimbra, PortugalTable of ContentsList of contributors viii Foreword xGordon L. Clark Preface: Where is law? xiiiDavid Delaney, Richard T. Ford, and Nicholas Blomley Acknowledgments xxiii Part I Legal Places 1 Part II National Legalities 151 Part III Globalization and Law 251 Index 319

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Book SynopsisIn an age of pandemics, no country can achieve public health on its own. Health security expert Lawrence O. Gostin examines the key cross-border threats to our well-being, from infectious diseases to bioterrorism, and proposes pragmatic solutions: targeted research, robust international institutions, and tools for effective global action.Trade ReviewGostin draws on the lessons of AIDS, SARS, Ebola, and the COVID-19 pandemic to lay out a roadmap for global health security, making a powerful and persuasive case for how the principles of solidarity, equity, and justice must guide the international community in preparing for and responding to the health crises of the future. -- Tedros Adhanom Ghebreyesus, Director-General of the World Health OrganizationGlobal Health Security is invaluable, drawing critical lessons from the world’s epic struggle with COVID-19, and looking far beyond. Gostin incisively analyses future threats, from superbugs and antimicrobial resistance to bioterrorism, and charts a better course through global solidarity and enlightened self-interest. If you read only one book on global health this year, make it this one. -- Sir Jeremy Farrar, Director of WellcomeThe world has learned valuable lessons from infectious disease outbreaks. Yet the power of lessons is in their use. In this book, Gostin provides a sweeping view of what is needed to avert disaster in the future. The crucial question is: will people read and act on his suggestions? -- William Herbert Foege, 10th Director of the Centers for Disease Control and PreventionWe are entering an age of pandemics, one marked with more frequent disease outbreaks and increasingly greater threats to our social order. There is no one better than Gostin to connect the dots across outbreaks, laying out how climate change, economic development, and globalization have created new risks. But more than sounding the alarm, he brilliantly charts a path forward for how nations and indeed the world can be better prepared to meet these threats head on. -- Ashish K. Jha, Dean of the Brown University School of Public HealthAs a leading public health legal scholar and global health activist, Gostin has influenced the course of every major public health crisis of our time, from HIV/AIDS, to SARS, Ebola, and now COVID-19. Global Health Security draws on those important experiences but looks forward, charting a clear and compelling framework to assess future biological threats and effectively address them. Masterfully insightful. -- Peggy Hamburg, former Foreign Secretary of the National Academy of MedicineDiscouraged but inspired by COVID‑19, [Gostin’s] wide-ranging study analyzes the science and politics of past and present global disease, with hypothetical exercises about a new influenza, bioterrorism, and cholera. He recommends steps to reduce pandemic risk, such as increasing surveillance of animal pathogens and their movement. Above all, he calls for a ‘new politics,’ free from nationalistic populism. -- Andrew Robinson * Nature *[A] comprehensive and detailed blueprint for responding to global health crises. Gostin casts a wide net, addressing the overuse of antibiotics, climate change, and the lack of universal health coverage…Gostin goes further to explain how lessons from Covid-19 can remake society to be better prepared for future health threats. * Publishers Weekly *A comprehensive blueprint for global reforms. * Georgetown Law *

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Book SynopsisLife imprisonment has replaced the death penalty as the most common sentence imposed for heinous crimes worldwide. Consequently, it has become the leading issue of international criminal justice reform. In the first survey of its kind, Dirk van Zyl Smit and Catherine Appleton argue for a human rightsbased reappraisal of this harsh punishment.Trade ReviewPart treatise, part worldwide empirical investigation, and part normative argument, Life Imprisonment is a tour de force. It shines bright light on a legislatively prescribed and judicially imposed sentence that, remarkably, has drawn practically no scholarly attention. Until now. For the foreseeable future this book will stand as the definitive source of information on and critique of the most serious punishment practically all countries regularly impose. -- James B. Jacobs, New York University School of LawThe authors have succeeded magnificently in weaving a vast array of materials into an authoritative text. Years of network building, data collection, fact checking, and interpretation have enabled them to make a major contribution to a pressing area of criminal law. This humane and important book will become the touchstone for scholars of extreme punishment. -- Ian O’Donnell, University College Dublin School of LawVan Zyl Smit and Appleton have provided the first comprehensive study of the most common form of harsh punishment in the world today: the penal life sentence. For the first time research on this crucial topic can move on a comparative basis. This volume is an essential resource for the libraries of penal reformers, human rights lawyers, and students everywhere of comparative law, punishment, and society. -- Jonathan Simon, University of California Berkeley School of LawWill inspire and influence scholars and public policy advocates everywhere…This excellent book is in a class by itself. * Choice *

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Book SynopsisIt is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans’ domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today’s international order.Trade ReviewIlluminat[es] the ways in which international law was an artifact of empire, a system for organizing the world so as to perpetuate Western dominance. -- G. John Ikenberry * Foreign Affairs *Boundaries of the International adds much nuance to existing literature, and challenges some of the past analytics through which the history of international legal thought has been written. A first-class book by a recognized leader in the field of history of international political and legal thought. -- Martti Koskenniemi, University of HelsinkiAn outstanding history of international law and its entanglement with empire from one of the leading historians of political thought in the world today. -- Andrew Fitzmaurice, University of SydneyIn this masterful study, Jennifer Pitts examines universalist claims about the law of nations alongside rising European global power, uncovering a set of linked contradictions within eighteenth- and nineteenth-century political thought. A tour de force of interpretation and historical analysis, this subtle and persuasive book places the problem of empire at the very center of the history of international law—where it will now surely stay. -- Lauren Benton, Vanderbilt University

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Book SynopsisTrade ReviewThis book is a major achievement. Benton and Ford provide a powerful new way of understanding the global reach and effects of modern British imperialism. By connecting projects of colonial governance with new visions of global legal ordering, they offer a bold rethinking of the imperial context for the emergence of modern international law. -- Robert Travers, Cornell UniversityThe authors go deep into the archives to reveal the crucial interactions of countless colonial governors, crusading ship captains, misguided magistrates, inquisitive imperial commissioners, and frustrated Westminster bureaucrats whose words and deeds collectively constituted a nascent global legal order. By telling the often marvelous stories of law’s minions rather than its mandarins, Benton and Ford have done nothing less than help us understand the shambling character of our own international legal order as it arose out of empire two centuries ago. -- Paul D. Halliday, University of VirginiaBenton and Ford marshal a vast array of archival evidence to shed new light on the development of law within and at the edges of the British Empire. They show that political and military activities were saturated with legal claims and that many and often competing actors—merchants and missionaries, sailors and convicts, middling officials and local elites—contributed to a ‘new vernacular imperial constitutionalism,’ with profound and unexpected consequences for international law. -- Jennifer Pitts, University of Chicago[Benton and Ford] present a substantially researched history of British administrative control in the nation’s empire. -- S. R. Silverburg * Choice *Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome…Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism. It succeeds in positioning law at the very center of British imperial government and imperial political thinking in a way that future work will, or at least should, find impossible to ignore. -- Alex Middleton * Reviews in History *Benton and Ford present a picture of law that was multi-centered and polyphonic but that nonetheless undergirded the expansion of British global power…This is a book which will receive a deservedly enthusiastic reception among scholars of law and empire, and which may well cause a stir with its more subversive trespasses into the field of international relations. -- Julia Stephens * British Studies *Truly remarkable. Rage for Order is a stunning example of what can be achieved through a combination of erudition, conceptual innovation, and diligent work in the archives. This book describes in detail how the transformation of the global order that took place in the aftermath of the Napoleonic wars was driven by legal reform in the British Empire…Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post- colonial narratives into a new and more adventurous terrain, and adds significant detail and nuance to those intellectual histories that have already done much to complicate received views. -- Jens Bartelson * Australian Historical Studies *

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Book SynopsisTesting the revisionist model of global regulatory governance on an unusually wide variety of cases, including the Internet, finance, genetically modified organisms, and intellectual property rights, this book shows why there is such disparity in the strength of international regulations.Trade Review"Rewarding... Mr. Drezner ... finds that the challenges of the future will be increasingly transnational. As globalization intensifies, the rewards for coordination will increase as well."--Economist "Important... Drezner shows that it is control of their own large domestic markets that give major states the ability to wield power in the global economy. His main contribution, however, is to explode a popular notion of globalization and thereby to set an agenda for the study of global regulatory politics."--G. John Ikenberry, Foreign Affairs "All politics is global is a highly readable, authoritative, and well-investigated piece of political science literature on the globalization-global governance nexus. The explicit strength of the book is the logical and consistent development of the theory of regulatory outcomes, as well as the rigorous review of the scholarly literature. In this respect, it is strongly recommended to advanced graduate and doctoral students interested in the setting-up of game-theoretical models... [T]he detailed case studies enhance the book's attractiveness for a broader readership."--Jale Tosun, Cambridge Review of International Affairs "Among the many strengths of the book lie Drezner's skill in developing a clear and cogent analysis of state power in the global economy and the meticulous way he develops his argument for the key role state preference continues to play in international regulatory regimes... Drezner never wearies in his task of refining our understanding of international regulation and in providing a more lucid insight into the politics of great power preference. The result is a book that challenges popular notions of globalization by placing the power and interests of governments back into the centre stage of debate."--Stephen G. Hughes, International Affairs "All Politics is Global is a more than just a welcome contribution to current international relations scholarship... Drezner takes a fresh look at the role of the powerful states in governing the world economy. Using simple game-theory, he provides a convincing explanation for why the great powers (the US and the EU) have not lost their influential role. In doing so, the book makes a strong case against a growing literature in international relations that attributes a significant degree of agency to international organizations or transnational private actors in shaping international regulatory outcomes."--World Trade Review "Drezner makes an important contribution to the literature by bringing greater focus to the regulatory side of global governance in a small book that is well worth reading... Drezner is to be credited for bringing a much needed discussion about the global politics of the regulatory state to the forefront of International Relations theory and practice."--Rex B. Hughes, International Affairs "This is a detailed, scholarly book that explicates the arcane aspects of regulatory agreements. It won't crack the popular market. However, it will percolate and influence because it also explains quite well the 'big picture' elements of global trade and global regulation."--Austin Bay, Time Record NewsTable of ContentsList of Tables ix Preface xi Glossary of Acronyms xix PART I: THEORY CHAPTER ONE: Bringing the Great Powers Back In 3 CHAPTER TWO: A Theory of Regulatory Outcomes 32 CHAPTER THREE: A Typology of Governance Processes 63 PART II: PRACTICE CHAPTER FOUR: The Global Governance of the Internet 91 CHAPTER FIVE: Club Standards and International Finance 119 CHAPTER SIX: Rival Standards and Genetically Modified Organisms 149 CHAPTER SEVEN: The "Semi-Deviant" Case: TRIPS and Public Health 176 CHAPTER EIGHT: Conclusions and Speculations 204 Index 221

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Book SynopsisDoes America still play by the rules it helped create? This book addresses this question as it applies to US behavior in relation to international human rights. It seeks to show and explain how America's approach to human rights differs from that of other Western nations. It includes essays by Stanley Hoffmann, Paul Kahn, and Harold Koh.Trade ReviewOne of Choice's Outstanding Academic Titles for 2006 "An excellent new collection of essays on American exceptionalism... Michael Ignatieff ... seeks to distinguish between US 'exemptionalism,' double standards and legal isolationism."--Quentin Peel, Financial Times "This collection on American exceptionalism seeks to explain the seeming paradox of US governmental support for, and aversion to, global human rights... This study is an important contribution to the scholarship of international humanitarian law and US foreign policy."--Choice "[An] important collection of essays by leading scholars... Together the authors wonderfully capture the complex interplay between values, law, and American power."--G. John Ikenberry, Foreign Affairs Magazine "Beyond providing a highly valuable and innovative study of American exceptionalism, this book makes an original contribution to scholarship and may start a long overdue conversation with conservatives about the origins of their grievances with international human rights standards."--Michael J. Boyle, International AffairsTable of ContentsChapter 1. Introduction: American Exceptionalism and Human Rights by Michael Ignatieff 1 PART I. THE VARIETIES OF EXCEPTIONALISM 27 Chapter 2. The Exceptional First Amendment by Frederick Schauer29 Chapter 3. Capital Punishment and American Exceptionalism by Carol S. Steiker 57 Chapter 4. Why Does the American Constitution Lack Social and Economic Guarantees? By Cass R. Sunstein 90 Chapter 5. America's Jekyll-and-Hyde Exceptionalism by Harold Hongju Koh 111 PART II. EXPLAINING EXCEPTIONALISM 145 Chapter 6. The Paradox of U.S.Human Rights Policy by Andrew Moravcsik 147 Chapter 7. American Exceptionalism, Popular Sovereignty, and the Rule of Law by Paul W. Kahn 198 PART III. EVALUATING EXCEPTIONALISM 223 Chapter 8. American Exceptionalism: The New Version by Stanley Hoffmann 225 Chapter 9. Integrity-Anxiety? by Frank I. Michelman 241 Chapter 10. A Brave New Judicial World by Anne-Marie Slaughter 277 Chapter 11. American Exceptionalism, Exemptionalism, and Global Governance by John Gerard Ruggie 304 Contributors 339 Index 341

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Book SynopsisAn examination of the conditions under which international rules of globalization come into existence, enabling world economic and financial systems to function and stabilize. It demonstrates that the rules result from a trial-and-error process - and usually after a crisis - in order to prevent pointless transaction costs and risks.Trade Review"A useful contribution to the international economics literature."--ChoiceTable of ContentsForeword vii Preface ix Chapter I: The Concept of aWorld Economic Order 1 Chapter II: Globalization and Its Impact on the International Rule System 20 Chapter III: How Rules Are Established 32 Chapter IV: How Rules Are Stabilized 50 Chapter V: Rules for International Product Markets 75 Chapter VI: Rules for Border-Crossing Factor Movements 100 Chapter VII: Rules for the Global Environment 121 Chapter VIII: Preventing Financial Instability 150 Chapter IX: Avoiding Currency Crises 177 Chapter X: Ethical Norms, Human Rights, Fairness, and Legitimacy: Restraints for the International Rule System 197 Chapter XI: Interdependence of Orders, Structure of the Rule System, and Institutional Fit 215 Chapter XII: Major Challenges to the Rule System in the Future 231 References and Further Reading 249 Index 263

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Book SynopsisWhether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge assumes a role that raises some of the contentious political issues of our day. This title sets forth a vision of the role of the judge.Trade Review"Aharon Barak [states] that it is precisely because judges are not politicians that they are the right people to undertake the constitutional role of ensuring that the legislature and the executive comply with legal requirements... Barak points out that tension between the courts and other branches of government is natural and it is desirable. If the courts' decisions were always welcomed by the executive, judges would not be doing their job properly. Barak's thesis is ... of fundamental importance."--David Pannick, Times of London "Learned and perceptive, this work deserves the attention of any reader interested in the role that judges play, and ought to play, in a democratic republic."--Charles Gardner Geyh, Trial "Barak sets out in a systematic way, the questions, dilemmas and solutions he has adopted as a judge. He notes the principles that should guide judges in a democratic society, when faced with constitutional questions that have implications over and above the specific concerns of the parties to a legal disput... [E]ngaging and intellectually stimulating... The Judge in a Democracy should be a must read in any course or research on judicial and constitutional politics."--Menachem Hofnung, Law and Politics Book Review "Barak argues for striking a balance between the protection of human rights and the preservation of national security interests, but is most adamant in insisting that some degree of security might have to be sacrificed in order to preserve a nation's democratic essence... Barak has done much to humanize the role of the judge. He describes the process of interpreting law as a profoundly human one, in which the adjudicator is constantly balancing, testing, agonizing."--Benjamin Soskis, Forward "The Judge in a Democracy explains that there was nothing in either the US or the Israeli constitutions allowing judges to strike down acts of the legislature. Even so, he says, the courts in both countries have held that judicial review of legislation is implied by interpretation of the constitution."--Joshua Rozenberg, Daily Telegraph "Presenting a remarkably balanced view of the power and limitations of judges, President Barak offers a comprehensive yet humble account of the role of the judiciary within a democratic society."--Harvard Law Review "Barak's writing is not merely clear, it exudes the logical structure that the modern law endeavors, and often claims, to exhibit... For the professional of law ... Barak's book may serve as the beginning of a revealing look at the social role of the law."--Mathieu Deflem, European LegacyTable of ContentsIntroduction ix PART ONE: THE ROLE OF THE JUDGE 1 Chapter One: Bridging the Gap between Law and Society 3 Law and Society 3 Changes in Legislation and in Its Interpretation 4 Changes in Society Affecting the Constitutionality of Statutes 8 Changes in the Common Law 10 Change and Stability 11 Chapter Two: Protecting the Constitution and Democracy 20 The Struggle for Democracy 20 What Is Democracy? 23 The Separation of Powers 35 Democracy and the Rule of Law 51 Fundamental Principles 57 Independence of the Judiciary 76 Human Rights 81 Criticism and Response 88 PART TWO: THE MEANS OF REALIZING THE JUDICIAL ROLE 99 Chapter Three: Preconditions for Realizing the Judicial Role 101 Judicial Impartiality and Objectivity 101 Social Consensus 107 Public Confidence 109 Chapter Four: The Meaning of Means 113 The Legitimacy of the Means 113 Operative Legal Theory 113 Judicial Philosophy 116 Chapter Five: Interpretation 122 The Essence of Interpretation 122 Purposive Interpretation 125 Purposive Interpretation of a Constitution 127 Purposive Interpretation of Statutes 136 Purposive Interpretation and Judicial Discretion 146 Purposive Interpretation and Intentionalism (or Subjective Purpose) 148 Purposive Interpretation and Old Textualism 149 Purposive Interpretation and New Textualism 152 Chapter Six: The Development of the Common Law 155 The Common Law as Judge-Made Law 155 Judicial Lawmaking 157 Overruling Precedent 158 Chapter Seven: Balancing and Weighing 164 The Centrality of Balancing and Weighing 164 Balancing and Categorization 166 The Nature of Balancing 167 Types of Balancing 170 The Advantages of Balancing 172 Critique of Balancing and Response 174 The Scope of the Balancing 175 Chapter Eight: Non-Justiciability, or "Political Questions" 177 The Role and Limits of Justiciability 177 Types of Justiciability 178 Justiciability and Public Confidence 186 Chapter Nine: Standing 190 Standing and Adjudication 190 Standing and Substantive Democracy 194 Chapter Ten: Comparative Law 197 The Importance of Comparative Law 197 The Influence of Comparative Law 198 Comparative Law and Interpretation of Statutes 199 Comparative Law and Interpretation of the Constitution 200 Use of Comparative Law in Practice 202 Chapter Eleven: The Judgment 205 Formulating the Judgment and Realizing the Judicial Role 205 The Judge as Part of the Panel 208 PART THREE: THE RELATIONSHIP BETWEEN THE COURT AND THE OTHER BRANCHES OF THE STATE 213 Chapter Twelve: Tension among the Branches 215 Constant Tension 215 The Tension Is Natural and Desirable 216 The Attitude toward the State 217 Public Officials as Trustees 220 Duties of the Individual toward the State 222 Chapter Thirteen: The Relationship between the Judiciary and the Legislature 226 The Uniqueness of the Legislature 226 Judicial Review of Legislation 229 Judicial Review of Nonlegislative Decisions of the Legislature 231 The Dialogue between the Judiciary and the Legislature 236 Chapter Fourteen: The Relationship between the Judiciary and the Executive 241 The Scope of Review 241 Judicial Interpretation and Executive Interpretation 246 Executive Reasonableness 248 Proportionality 254 PART FOUR: EVALUATION OF THE ROLE OF A JUDGE IN A DEMOCRACY 261 Chapter Fifteen: Activism and Self-Restraint 263 Definition of the Terms 263 Some Definitions and Their Critiques 267 Definition of Activism and Self-Restraint 270 The Desirability of Activism or Self-Restraint 279 Chapter Sixteen: The Judicial Role and the Problem of Terrorism 283 Terrorism and Democracy 283 In Battle, the Laws Are Not Silent 287 The Balance between National Security and Human Rights 291 Scope of Judicial Review 298 Chapter Seventeen: The Role of the Judge: Theory, Practice, and the Future 306 Theory 306 Reality 310 The Future 310 Index 317

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