International law Books
Bloomsbury Publishing PLC Core Documents on International Law 2022-23
Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsCovenant of the League of Nations (as amended 1924) 1919 Treaty between the United States and Other Powers Providing for the Renunciation of War as an Instrument of National Policy (Kellogg-Briand Pact) 1928 Convention on Rights and Duties of States 1933 Charter of the United Nations (as amended) 1945 Statute of the International Court of Justice 1945 Convention on the Prevention and Punishment of the Crime of Genocide 1948 Universal Declaration of Human Rights 1948 Convention for the Protection of Human Rights and Fundamental Freedoms (as amended) 1950 Protocol No. 1 to the ECHR 1952 Protocol No. 4 to the ECHR, securing certain rights and freedoms 1963 Protocol No. 6 to the ECHR, concerning the abolition of the death penalty 1983 Protocol No. 7 to the ECHR 1984 Protocol No. 12 to the ECHR 2000 Protocol No. 13 to the ECHR, concerning the abolition of the death penalty in all circumstances 2002 Vienna Convention on Diplomatic Relations 1961 General Assembly Resolution 1803 (XVII) ‘Permanent Sovereignty over Natural Resources’ 1962 General Assembly Resolution 2131 (XX) ‘Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty’ 1965 International Covenant on Civil and Political Rights 1966 Optional Protocol to the International Covenant on Civil and Political Rights 1966 Second Optional Protocol to the International Covenant on Civil and Political Rights 1989 International Covenant on Economic, Social and Cultural Rights 1966 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2008 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 1967 Vienna Convention on the Law of Treaties 1969 Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations 1970 Declaration of the United Nations Conference on the Human Environment 1972 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 1973 General Assembly Resolution 3314 (XXIX) ‘Definition of Aggression’ 1974 Vienna Convention on Succession of States in respect of Treaties 1978 United Nations Convention on the Law of the Sea 1982 Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 2002 United Nations Framework Convention on Climate Change 1992 Paris Agreement 2015 Glasgow Climate Pact 2021 Rio Declaration on Environment and Development 1992 Agreement Establishing the World Trade Organization 1994 Rome Statute of the International Criminal Court 1998 Elements of Crimes 2002 ILC Articles on Responsibility of States for Internationally Wrongful Acts 2001 United Nations Convention on Jurisdictional Immunities of States and their Property 2004 State Immunity Act 1978 ILC Draft Conclusions on Identification of Customary International Law 2018 ILC Draft Conclusions on Subsequent Agreements and Subsequent Practice in Relation to the Interpretation of Treaties 2018 Index
£17.66
Brill The Legal Implications of Global Financial Crises
Book SynopsisEdited by Michael Waibel With the contribution of / avec la collaboration de: M. M. Albornoz R. Ben Khelifa G. Bianco E. Castellarin A. De Luca S. De Vido F. Giansetto F. Ghodoosi A. Hertogen C. Kleiner H. Kupelyants R. Rajesh Babu C. J. Rault A. ViterboTable of ContentsExcerpt from Table of Contents: Introduction: The Reports of the Directors of Studies. Chapter 1: Financial Crises and International Law, Michael Waibel Section 1. Introduction. Section 2. The Global Financial Crisis. Section 3. International financial law. Section 4. Conclusion. Part I: Institutional Aspects Chapter 2: The financial stability board and other new modes of governance, Sara De Vido Section 1. Financial Crises “Need” Governance : An International Law Perspective. Section 2. International financial regulation: The role of standard-setting bodies (SSBs). Section 3. The Character of “Softness” of International Financial Section 4. Compliance or the “Hard” Side of Soft Law. Section 5. Concluding Remarks. Chapter 3: Rating agencies, R. Rajesh Babu Section 1. Introduction. Section 2. Role of Credit Ratings in the Financial System. Section 3. Regulatory Responses of States : National and International. Section 4. Emerging Liability Regime for Rating Agencies. Section 5. Conclusion. Chapter 4: La réforme institutionnelledu fmi : du 4e au 7e amendement. Consequence du cha ngement des rapports de forces dans le monde ou de l’enseignement des crises ? Emanuel Castellarin Section 1. La recherche réussie de l’efficacité du financement de l’organisation. Section 2. La recherche imparfaite d’une plus grande représentativité des organes. Section 3. Conclusion. Part II: Financial Globalization and Its Implications, An Hertogen Chapter 5: The legal implications of the global financial crisis for financial services liberalization. Section 1. Introduction. Section 2. Overview of Banking Services Liberalization pre-GFC. Section 3. The Impact of the GFC on the Legal Framework for Banking Services Liberalization. Section 4. The Impact of the GFC on the Regulation of Internationally Active Banks. Section 5. An Obligation to Regulate Internationally Active Banks ? Section 6. Conclusion. Chapter 6: Monetary sovereignty and capital flow, Farshad Ghodoosi Section 1. Introduction. Section 2. Status of Free Movement of Capital. Section 3. Structural Limitations. Section 4. Limitations in Investor Treaty Arbitration. Section 5. Economic Sanctions. Section 6. Conclusion. Part III: Sovereign Debt. Chapter 7: Les formes d’endettement public international : permanence ou évolution ? Charlotte Julie Rault Section 1. L’évolution des méthodes d’endettement. Section 2. La permanence du refinancement public. Chapter 8: La hiérarchie entre créanciers publics et privés lors d’une restructuration de dette souveraine : mirage ou réalité ? Fanny Giansetto Section 1. Une hiérarchie justifiée à l’égard des accords de prêt. Section 2. Une hiérarchie reconsidérée à l’égard des obligations souveraines. Chapter 9: L’évolution des techniques de restructuration de la dette souveraine, Giuseppe Bianco Section 1. Introduction. Section 2. La diversification des acteurs et des enceintes. Section 3. Les techniques contractuelles. Section 5. Conclusion. Chapter 10: The role of the paris and london clubs : is it under threat ? Annamaria Viterbo Section 1. Introduction. Section 2. The Paris Club. Section 3. The London Club (or the Bank Advisory Committee) process. Section 4. Recent Developments in the Identity of Bond Investors : The Issue of Supranational Creditors. Section 5. Conclusions. Part IV: Protection of Creditor Rights. Chapter 11: Le contentieux dans un contexte de crise financière globalisée : quells modes de résolution des différends sont ouverts aux créanciers ? Caroline Kleiner Section 1. Le choix du for dans le contentieux de la dette souveraine. Section 2. Le choix du for dans le contentieux de la dette privée. Chapter 12: La crise financière globale et l’exécution des contrats du commerce international, María Mercedes Albornoz Section 1. Introduction. Section 2. Les qualifications juridiques de la crise invoquées par une des parties contractantes. Section 3. Des outils pour mieux gérer les effets des crises futures sur l’exécution des contrats du commerce international. Section 4. Conclusions. Chapter 13: Bank rescue measures under international investment law, Anna De Luca Section 1. Introduction. Section 2. Financial and economic stability as a global value of prominent importance : from bail-outs to bail-ins. Section 3. The “burden-sharing by shareholders and subordinated creditors” and the “no-creditor-worse-off-than-in-insolvency” principles. Section 4. Macroeconomic and regulatory considerations in the name of financial stability before investment tribunals. Section 5. Economic Losses and Pecuniary Damages. Section 6. The international rules governing causation. Section 7. Aspects of causation arising in relation to bank rescue measures. Section 8. Conclusions. Chapter 14: La protection des droits des créanciers : aspects de droit privé (contrat, loi applicable, clauses types), Rym Ben Khelifa Section 1. Introduction. Section 2. Fragmentation de l’architecture contractuelle visant l’anticipation du risque souverain. Section 3. L’évolution de l’architecture contractuelle encadrant l’opération de restructuration de la dette souveraine. Section 4. L’encadrement contractuel du contentieux de la dette souveraine. Section 5. Conclusion. Chapter 15: Protection of private creditors and deposit insurance, Hayk Kupelyants Section 1. Deposit insurance guarantees. Section 2. International remedies. Section 3. National litigation in the United states and England and Wales. Section 4. Conclusions. Selected Bibliography Analytical Index
£186.75
Cambridge University Press International Law Reports Volume 140 International Law Reports Series Number 140
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£190.95
Cambridge University Press International Law Reports Volume 145 International Law Reports Series Number 145
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£190.95
Cambridge University Press International Law Reports Volume 126
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£143.45
Cambridge University Press Seeds of Disaster Roots of Response How Private
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.
£93.75
New York University Press Meeting the Enemy
Book SynopsisA pointed look at why the United States' frequent disregard of international law and institutions is met with high levels of approval by the American public.Trade Review... is a pointed look at why the United States frequent - if selective - disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public. * Los Angeles Daily Journal *Saito has produced a synthesis that is thought-provoking and challenging, and it provides a welcome attempt to place the contemporary moment in the 'war on terror' into a much longer historical frame. Most of all, like all good critical scholarship, scholars and students can look to this book as a way to interrogate ones commitments about the American Project. * Law & Politics Book Review *A must read for those concerned about human dignity, justice, freedom from violence, and the rule of law in an increasingly interdependent world, Meeting the Enemy challenges the reader to consider the abnegative consequences of an exceptionalism openly embraced by elites in the Bush Administration and still fostered by an Obama Administration that is partly conflicted between rhetoric and deeds. -- Jordan J. Paust,author of Beyond the Law: The Bush Administrations Unlawful Responses in the WarMuch has been written about the theme of American exceptionalism. Few works, however, possess the richness, range and depth of Saitos superb and timely book, which provides new and disturbing insight into the origins and enduring character of this exceptionalismand its consequences for America and the world. -- Antony Anghie,SJ Quinney School of Law, University of UtahThis book will help readers understand the United States contradictory and often shocking role in the international legal community. A violator of international law from the day of its declaration of & independence, America, as Saito boldly points out, is indeed the enemy to colonized people within and beyond its borders. -- Sharon H. Venne,Chief Negotiator, Akaitcho Dene First NationTable of ContentsAcknowledgments Introduction: "A Distinctly American Internationalism" 1 Saving Civilization: The War on Terror 2 Civilizing the Other: Colonial Origins of International Law 3 "A City on a Hill": America as Exception 4 Establishing the Republic: First Principles and American Identity 5 A Manifest Destiny: Colonizing the Continent 6 American Imperial Expansion 7 Making the World Safe for Democracy 8 The New World Order and American Hegemony 9 Confronting American Exceptionalism Notes Works Cited List of Cases Index About the Author
£62.90
Cambridge University Press International Law Reports Volume 200
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£161.50
Cambridge University Press International Law Reports Volume 207
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£161.50
Cambridge University Press International Law Reports Volume 208
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£161.50
Cambridge University Press International Law Reports Volume 209
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£161.50
Cambridge University Press International Law in a Transcivilizational World
Book SynopsisWith the resurgence of Asian nations such as China, current West-centric international law is changing in the twenty-first century. There is a pressing need to address these changes within international legal studies and overcome potential conflicts between existing and emerging powers. This structural transformation also demands a change in understanding of existing ideas and institutions. This book explores a ''trans-civilizational'' approach to international law, supplementing and modifying two other prevalent perspectives: international and transnational. By considering these three layered viewpoints, this book highlights the complex phenomena surrounding the history and development of international law. The author also considers how international law operates and functions within diverse forums such as diplomatic negotiation, international organizations, and domestic political processes. This book will appeal to international law scholars and students, as well as those interested Trade Review'… this essay's aim is to reconstruct some of the main threads of the monograph's theorisation of international law and to curve out some of the most innovative elements of this treatise, as compared to other traditional treatises dedicated to general international law.' Milan Nebyl Tahraoui, Zeitschrift für ausländisches öffentliches Recht und VölkerrechtTable of ContentsPreface; Acknowledgements; Editorial note; List of abbreviations; List of short form citations; 1. International law in a multi-civilizational world; 2. Identification of international law; 3. Subjects and participants of international law; 4. Responses to violations of international law; 5. Spatial and personal ordering of the world; 6. Human rights; 7. The global economy and international law; 8. The global environment and international law; 9. Conflict resolution (and dispute settlement) and international law; 10. Regulation of force and realization of peace; Bibliography; Index.
£88.34
Cambridge University Press International Law Reports Volume 156 International Law Reports Series Number 156
Book SynopsisThe International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 156 reports on, amongst others, the 2012 Provisional Measures Order of the International Tribunal for the Law of the Sea in The ARA Libertad (Argentina v. Ghana) together with the 2013 judgment of the Supreme Court of Ghana on the immunity of warships, the 2013 judgment of the European Court of Human Rights in Vinter and Others v. United Kingdom, and the 2011 and 2012 judgments of the English High Court in Mutua and Others v. Foreign and Commonwealth Office.Table of Contents1. Issa and Others v. Turkey (Application No 31821/96) (Merits) [EUROPEAN COURT OF HUMAN RIGHTS (Second Section)]; 2. Öcalan v. Turkey (Application No 46221/91) (Merits) [EUROPEAN COURT OF HUMAN RIGHTS (Grand Chamber)]; 3. Vinter and Others v. United Kingdom (Application Nos 66069/09, 130/10 and 3896/10) (Merits) [EUROPEAN COURT OF HUMAN RIGHTS (Grand Chamber)]; 4. The ARA Libertad (Argentina v. Ghana) (Request for Provisional Measures) [INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA]; 5. Republic of Ghana v. High Court (Commercial Division) Accra, ex parte Attorney-General (NML Capital Ltd and Republic of Argentina, Interested Parties) (Supreme Court) [GHANA]; 6. Korneenko v. Belarus (Communication No 1226/2003) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 7. Narrain and Others v. Mauritius (Communication No 1744/2007) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 8. Amnesty International Canada and Another v. Chief of the Defence Staff for the Canadian Forces and Others (Federal Court and Federal Court of Appeal) [CANADA]; 9. Ngassam v. Republic of Cyprus (Case No 493/2010) (Supreme Court) [CYPRUS]; 10. Entico Corporation Ltd v. United Nations Educational Scientific and Cultural Organization ([2008] EWHC 531 (Comm)) (High Court) [UNITED KINGDOM, ENGLAND]; 11. Regina v. Bieber ([2008] EWCA Crim. 1601) (Court of Appeal) [UNITED KINGDOM, ENGLAND]; 12. Regina (Smith) v. Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) ([2008] EWHC 694 (Admin), [2009] EWCA Civ. 441, [2010] UKSC 29) (High Court, Court of Appeal and Supreme Court) [UNITED KINGDOM, ENGLAND]; 13. Mutua and Others v. Foreign and Commonwealth Office ([2011] EWHC 1913) (High Court) [UNITED KINGDOM, ENGLAND]; 14. Institute of Cetacean Research and Others v. Sea Shepherd Conservation Society and Others (District Court, Western District of Washington and Court of Appeals for the Ninth Circuit) [UNITED STATES OF AMERICA].
£143.45
Cambridge University Press Unraveled Obamacare Religious Liberty and Executive Power
Book SynopsisSix years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.Trade Review'Obamacare has remarkably, if perversely, made American political discourse more interesting. It has stimulated braided debates about the proper scope and actual competence of government, about the role of the judiciary in supervising democratic processes, and about how religious liberty becomes a casualty of 'comprehensive' social legislation enlarging the entitlement state. Josh Blackman, who has been immersed in all this as a scholar and participant, gives readers an invaluable inside tour of an ongoing controversy.' George F. Will, newspaper columnist and political commentator'Josh Blackman has written a thorough and engaging account of the political and legal issues surrounding Obamacare. This book is a must-read for all who are interested in the history of the Obama presidency and especially of its most important legislative accomplishment. Blackman presents the conservative perspective but he is even-handed, and all, including those (like me) who disagree with him, will learn a great deal from reading this book.' Erwin Chemerinsky, University of California, Irvine School of Law'Health care involves some of the most personal and - to many people - sacred and spiritually significant issues of life and death. So it is no surprise that an attempt by government to standardize health care coverage for all Americans would raise a host of issues of conscience, choice, and conviction. Josh Blackman's new book Unraveled chronicles the legal struggles over these issues in a fair, complete, and immensely readable narrative. Three things are certain: death, taxes, and that these conflicts are far from over. This book will help us all to understand the stakes and the arguments.' Michael W. McConnell, Stanford University Law School, California'Even-keeled and exhaustive, Blackman's Unraveled offers the consummate insider's take on the titanic legal struggles at the Supreme Court over the future of health reform. It is an indispensable resource and a gripping read.' Nicholas Bagley, University of Michigan Law School'Josh Blackman continues to bring a gimlet eye to the legal controversies surrounding the Affordable Care Act. He combines a careful, even meticulous attention to detail with a grasp of the important issues at stake. Even people who paid close attention to the debate will find much to learn from Unraveled.' Ramesh Ponnuru, senior editor, National Review'Blackman argues that to implement 'Obamacare,' President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty.' Law and Social InquiryTable of ContentsPrologue; Part I. The Promise of Obamacare: 1. 'If you like your insurance, you can keep your insurance'; 2. Federal and state exchanges; 3. Life and religious liberty; Part II. Conscience and Contraception: 4. The contraception mandate; 5. Election slowdown; 6. Faith in the courts; Part III. Shutdown: 7. Exchanges 'established by the state'; 8. Tea party summer; 9. 'Train wreck'; 10. Filibuster; Part IV. Obamacare Unravels: 11. Lights out; 12. Canceled; 13. Government by blog post; 14. Crashing into the deadline; Part V. Religious Liberty: 15. New year's resolution; 16. Substantial burden; 17. 'Glitch'; 18. Between two ferms; 19. Corporate prayer; 20. Notorious RBG; Part VI. Nuclear Fallout: 21. Circuit split; 22. Dueling petitions; 23. 'So sue me'; Part VII. Subsidizing Obamacare: 24. #GruberGate; 25. King v. Burwell; 26. Gridlock; 27. 'Unravel what's now been woven into the fabric of America'; 28. 'Improve health care markets, not destroy them'; Part VIII. The Nuns: 29. Make health care great again; 30. Short-handed court; 31. 'Hijacked'; 32. 'Accommodation'; Epilogue.
£32.29
Cambridge University Press Misuse of Market Power
Book SynopsisMisuse of Market Power: Rationale and Reform is a highly relevant specialty text for scholars in competition law and economics, as well as competition law professionals who require it for their work in shaping policy or advising clients on antitrust law and economics, including government departments, practising lawyers and economists.Trade Review'Katharine Kemp's Misuse of Market Power is a powerful description and analysis of tests to identify unilateral conduct that harms the market and should be proscribed. Coming on the heels of Australia's 'effects' amendment to its unilateral conduct law, Kemp's book promises to be an important tool in interpreting the new law wisely and pragmatically. Her thoughtful synthesis of how to minimize error costs and provide certainty, administrability and legitimacy may be a beacon for interpreting dominance and monopoly laws around the world.' Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law'Katharine's interventions in the debate leading up to the recent reforms to section 46 of Australia's Competition and Consumer Act were scholarly, insightful and influential. Her contributions also helped to moderate the tone of public commentary that occasionally became quite confused. In this book she has now brought her reasoned and careful approach to an excellent exposition of the issues in this most complex area of competition policy and law. Her fascinating description of the development of abuse of dominance and monopolization laws in England, Germany, Australia, Europe and the United States gives valuable historical context to her careful analysis of the arguments that have surrounded the framing and application of the laws that seek to keep the power of oligarchs and monopolists in check. Katharine's book will be a valuable resource for my ACCC colleagues, students, academics, legal practitioners, and I suspect, the Courts. It will be a key tool as we all seek to apply Australia's misuse of market power law in years to come. It is also an impressive addition to the international debate about the scope of laws and policies addressing anticompetitive action by dominant businesses.' Rod Sims, Chairman of the Australian Competition and Consumer CommissionTable of Contents1. Introduction; 2. Unilateral conduct laws: origins, objectives and theory; 3. The history and objectives of unilateral conduct legislation in Australia; 4. A comparative analysis of profit-focused tests for unilateral anticompetitive conduct; 5. A comparative analysis of effects-based tests for unilateral anticompetitive conduct; 6. The role of purpose in unilateral conduct standards.
£95.00
Cambridge University Press The Status of Law in World Society Meditations On The Role And Rule Of Law 129 Cambridge Studies in International Relations Series Number 129
Book SynopsisFriedrich Kratochwil's book explores the key discourses surrounding the role of law in the international arena. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down disciplinary boundaries.Trade Review'Kratochwil is one of the few contemporary academics straddling the line between international relations theory and international law. He is not just a political scientist, but a political thinker firmly based in classic as well as modern social philosophy. The meditations assembled in the present book bring out the best in Kratochwil's writing: they are enlightening, of course, but they are also a pleasure to read, acerbic, iconoclastic and challenging our established wisdom on many concepts we have taken for granted.' Bruno Simma, University of Michigan and former judge, International Court of Justice'This masterful new book argues that a deep understanding of international law comes not from theory but reflection on how it is used and what it does. Eclectic, incisive and richly rewarding!' Jutta Brunnée, University of Toronto'This book is an odyssey - not of a pre-programmed torpedo or a piece of driftwood but of a ship commanded by a relentlessly inquisitive, self-reflective and self-doubting captain committed to the perils of his journey more than the safety of ports. Unexpected intellectual discoveries occur along the way on innumerable beachheads of original thought offering compressed ruminations of a lifetime of learning. An exhilarating read.' Peter J. Katzenstein, Cornell University'Kratochwil skillfully weaves sharp epistemological and methodological observations with insightful analyses of the limits of interdisciplinary work in international relations, the fragmentation of international law, and the politics of rights. By turns witty, provocative and profound, this book should be essential reading for all students and scholars of international relations and international law.' Jeffrey L. Dunoff, Temple University'Kratochwil has written the international law book of the year. There is much here to admire, there is much to take to heart and also (he will be delighted to see) some things to disagree with.' Jan Klabbers, European Journal of International LawTable of ContentsPreface; Introduction: images of law; 1. Inter-disciplinarity, the epistemological ideal of incontrovertible foundations and the problem of praxis; 2. On the concept of law; 3. On constitutions and fragmented orders; 4. Of experts, helpers, and enthusiasts; 5. The power of metaphors and narratives: systems, teleology, evolution and the issue of the 'global community'; 6. Cosmopolitanism, publicity, and the emergence of a 'global administrative law'; 7. The politics of rights; 8. The limits and burdens of rights; 9. The bounds of (non)-sense.
£999.99
Cambridge University Press Peoples Tribunals and International Law
Book SynopsisPeoples'' Tribunals and International Law is the first book to analyse how civil society tribunals implement and develop international law. With contributions covering tribunals in Europe, Latin America and Asia, this edited collection provides cross-disciplinary academic and activist perspectives and unique insights into the phenomenon of peoples'' tribunals. Written by academics in law, anthropology and international relations, it also incorporates the reflections of civil society activists and advocates on peoples'' tribunals. The collection includes chapters ranging from the Permanent Peoples'' Tribunal, successor to the Bertrand Russell Tribunal established to question the legality of the Vietnam War, to recent tribunals addressing atrocities in Soeharto''s Indonesia and violations against migrants in Europe. Peoples'' Tribunals and International Law offers the first sustained analysis of the different approaches to international law in tribunal proceedings. It will interest scholars of law, criminology, human rights, politics, sociology, anthropology and international relations.Table of ContentsIntroduction Andrew Byrnes and Gabrielle Simm; Part I. Introduction: History of Peoples' Tribunals: 1. International peoples' tribunals: their nature, practice and significance Andrew Byrnes and Gabrielle Simm; 2. The history of the permanent peoples' tribunal Gianni Tognoni; Part II. The Politics of Bearing Witness and Listening: 3. Peoples' tribunals, women's courts and international sexual violence crimes Gabrielle Simm; 4. The Tokyo Women's Tribunal: transboundary activists and the use of law's power Tina Dolgopol; 5. The International People's Tribunal on 1965 crimes against humanity in Indonesia: an anthropological perspective Saskia E. Wieringa; 6. The participation of peoples in the development of international law: the laboratory of the Permanent Peoples' Tribunal Simona Fraudatario and Gianni Tognoni; Part III. Legal Pluralism and Popular International Law: 7. Accusing 'Europe': articulations of migrant justice and a popular international law Sara Dehm; 8. The Permanent Peoples' Tribunal and indigenous peoples' struggle in Mexico: between coloniality and epistemic justice Rosalba Icaza Garza; 9. Evaluating the Biak Massacre Citizens' Tribunal and the disputed Indonesian region of West Papua Nicola Edwards; 10. Assessing the contribution of the Latin American Water Tribunal to transnational environmental law Belén Olmos Giupponi; Part IV. The Future of International Peoples' Tribunals: 11. Reflections on the past and future of international peoples' tribunals Andrew Byrnes and Gabrielle Simm.
£95.00
Cambridge University Press Global Environmental Change and Innovation in International Law
Book SynopsisThe challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law''s functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.Table of Contents1. International law, innovation and environmental change in the Anthropocene Cameron S. G. Jefferies, Sara L. Seck and Tim Stephens; Part I. Innovation in Legal Responses to Normative Change: 2. Differentiation in international environmental law: has pragmatism displaced considerations of justice? Patrícia Galvão Ferreira; 3. The Paris Agreement: continuity and change within the climate regime Tomoaki Nishimura; 4. Global climate finance and the Green Climate Fund: can innovation and democracy co-exist? Katherine Owens; Part II. Innovative Legal Responses to the Consequences of Physical Change: 5. 'Blue carbon' and the need to integrate mitigation, adaptation and conservation goals within the international climate law framework Justine Bell-James; 6. Innovative developments in international fisheries law and their contribution to improving the effectiveness of RFMOs and other environmental regimes Holly Matley; 7. Addressing climate induced displacement: the need for innovation in international law Hitomu Kimura; 8. Climate change and protection of the marine environment: food security, evolutionary interpretation, and novel application of dispute settlement mechanisms under the United Nations Convention on the Law of the Sea Chie Kojima; Part III. International Law Responses to Technological Innovation: 9. Solar radiation management geoengineering and strict liability for ultra-hazardous activities Kerryn Brent; 10. Balancing innovation, development and security: dual-use concepts in export control laws Machiko Kanetake; 11. Innovative policies for overcoming barriers to financing for green energy projects in Sub-Saharan Africa Leslyn A. Lewis; 12. International cooperation, intellectual property, and climate-essential innovation Brian R. Israel; Part IV. Innovation to Address Governance Challenges in Intersecting Regimes: 13. The climate change tent and the trade cathedral: assessing the relationship between environmental regulations and WTO Law after the Paris Agreement Maria Panezi; 14. Legislative innovation in the trade and climate regimes: towards a framework for the comparative analysis of multilateral lawmaking Nicolas Lamp; 15. Investor-state arbitration and domestic environmental governance: recent developments in Canada Matthew Levine; Part V. Conclusions: 16. The value of an innovation framework for international law Neil Craik and Sara L. Seck.
£999.99
Cambridge University Press Media Conflict and the State in Africa
Book SynopsisEnters into highly contemporary debates about media freedoms and the role of communication in states emerging from, and engaged in, violent conflict. It will help readers better understand why media systems adopt certain features and what the real and potential role of media can be in societies that are engaged in complex political transitions.Trade Review'From her in-depth analysis of the region's history, contemporary media use, and future potentials, Streamlau has demonstrated what excellent media and journalism analysis can and should look like across the African continent and developing world.' Allison Hailey Hahn, International Journal of CommunicationTable of Contents1. Introduction; 2. Between authoritarian politics and free expression: Ethiopia; 3. The emergence of an Ethiopian developmental model; 4. Purging and politics: the challenges of institutional transformation; 5. Media, elections and polarized politics: Uganda; 6. The NRM and the decline of political ideology; 7. A new vision for the rebuilding of state institutions; 8. Media and opposition in single party politics; 9. Conclusion.
£95.00
Cambridge University Press International Law
Book SynopsisInternational Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.Trade Review'The nine lives of Malcolm Shaw's classic study, 'International Law', demonstrate in this Ninth Edition that it remains the indispensable single volume work in its ever expanding field.' Stephen M. Schwebel, Former Judge of the International Court of Justice'At a time of rapid change, a new edition of Malcolm Shaw's invaluable book deserves the widest welcome.' Christopher Greenwood, Master of Magdalene College, Cambridge, and former British Judge at the International Court of Justice'Remarkably, for such a lengthy and wide-ranging text, this remains one of the most readable books on the subject – the distillation of Professor Shaw's lifetime in the front rank of the teaching and practice of international law.' Vaughan Lowe Q. C., Barrister at Essex Court Chambers, Emeritus Fellow of All Souls College, University of Oxford'Since the appearance of its first edition, Shaw's International Law has been my preferred textbook in my international law class. To this day it remains comprehensive, clear, and well organized, offering both depth and breadth, both the forest and the trees. The ninth edition offers yet again an updated, accurate and well-balanced account of the recent developments in the law.' Eyal Benvenisti, Whewell Professor of International law and the Director of the Lauterpacht Centre for International Law, University of Cambridge'Shaw's International Law has always been characterised by its clarity of expression, incisive analysis, and breath of coverage. This new edition is no exception. It is one of those rare works of international law that is essential reading for the Judge, practitioner, academic and student alike.' Dan Sarooshi QC, Professor of Public International Law, University of Oxford, and Essex Court Chambers, LondonTable of ContentsPreface to the ninth edition; 1. The nature and development of international law; 2. International law today; 3. Sources; 4. International law and municipal law; 5. The subjects of international law; 6. The international protection of human rights; 7. Individual criminal responsibility in international law; 8. Recognition; 9. Territory; 10. The law of the sea; 11. Jurisdiction; 12. Immunities from jurisdiction; 13. State responsibility; 14. International environment law; 15. The law of treaties; 16. State succession; 17. The settlement of disputes by peaceful means; 18. The international court of justice; 19. International law and the use of force by states; 20. International humanitarian law; 21. The united nations; 22. International organisations.
£104.50
Cambridge University Press Coalitions of the Willing and International Law
Book SynopsisGlobal action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into ''durable efforts'', while international organizations perform as ''platforms'' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of ''international legality'' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance.Trade Review'It has by now become clear that the world's two major powers - a declining hegemon as well as an emerging one - are poised to shun multilateral international organizations and instead are experimenting with various types of 'coalitions of the willing'. Rodiles offers a comprehensive theoretical and historical analysis of this strategy and demonstrates its benefits for those powers who lead them, such as the US and China, as well as its costs for all the rest and for the ideals of inclusive multilateralism and the rule of law. His sensitive and convincing account is crucial for understanding the contemporary trajectories of international law and politics.' Eyal Benvenisti, University of CambridgeTable of Contents1. Introduction; 2. The conceptual metaphor 'coalition of the willing'; 3. Testing the frame: the genealogy of a catchphrase; 4. Global security governance by posse: the Proliferation Security Initiative & Co.; 5. Coalitions of the willing in context: the interplay between formality and informality; 6. Coalitions of the willing and the role of law in the de-formalized global complex; 7. Conclusion.
£95.00
Cambridge University Press The Justice of Visual Art
Book SynopsisProvides unique insight into debates in the field of human rights around how to address violent and traumatic pasts, reconcile divided nations, and strengthen state institutions in the aftermath of conflict; making it of interest to policy-makers, practitioners, and scholars of transitional justice, International Relations, and art theory.Trade Review‘In this pioneering interdisciplinary book, Eliza Garnsey offers a compelling account of the complex and productive relationship between visual art and transitional justice. Based on extensive ethnographic fieldwork in the South African Constitutional Court and at the Venice Biennale, she shows both how the South African state has attempted to mobilise art as an instrument of cultural diplomacy and how art often escapes efforts to harness it, instead opening up new dimensions of experience and novel sources of political and ethical insight.’ Duncan Bell, University of Cambridge‘Firmly rooted in interdisciplinary ground, The Justice of Visual Art offers an exciting and refreshing contribution to ongoing conversations about the role of art in difficult processes of dealing with the past. Garnsey's concept of 'visual jurisprudence' opens a new vista on the complex relationship between legal institutions and the cultural background against which they function. This is a must-read for all students of transitional justice and the politics of memory.’ Mihaela Mihai, University of Edinburgh‘Writing in the wake of debates on visual and aesthetic politics, Garnsey offers a meticulously researched and highly compelling account of how art shapes cultural diplomacy and transitional justice in South Africa.’ Roland Bleiker, University of Queensland‘After the guns have been put aside, the arduous and prolonged business of reconciliation and social reconstruction in post-conflict societies can’t be left entirely to the courts. Garnsey develops a novel understanding of visual jurisprudence as she argues persuasively that the arts have an essential part to play, using two finely crafted case studies.’ Charles Jones, University of Cambridge‘This innovative study contributes to our understanding of the role of art in post-TRC South Africa. By considering deeply state-supported art as more than symbolic reparations and, rather, as visual jurisprudence and as creative state-building, Garnsey makes a strong case for art as foundational to the reconception of the justice system within the country and to the exhibition of contested narratives of the 'new' South Africa to the outside world.’ Cynthia E. Milton, Université de Montréal‘This book makes an important and timely intervention into a burgeoning debate about the relationship of art to transitional justice. Garnsey, rather than focusing on the instrumental potential of art to foster goals of transitional justice, draws our attention to the potential of art to help us make better sense of its core ideas and messy reality. Art allows for expression and contestation, experimentation and creativity; it is 'a radical form of political participation in times of transition'.’ Rachel Kerr, King’s College London'A beautifully curated book concerned with the need to better understand the relationship between art and justice in times of transition.' BISA L.H.M. Ling Outstanding First Book Prize committee, awarding an Honourable Mention.Table of Contents1. Introduction; 2. Art and justice in times of transition; Part I. Recognising Transitional Justice in the Nation State: 3. From prison to court; 4. Shaping 'legal' space; 5. The art of recognition; 6. The visual jurisprudence of transition; Part II. Representing Transitional Justice on the Global Stage: 7. From banned to embraced; 8. Mapping political art-scapes; 9. The art of representation; 10. The cultural diplomacy of Imaginary Fact; 11. Conclusion.
£95.00
Cambridge University Press International Law Reports Volume 184
Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 184 is devoted to the 2018 judgment of the European Court of Human Rights in Ireland v. United Kingdom (Request for Revision of Judgment of 18 January 1978), the judgment of the European Court of Human Rights in Al Nashiri v. Poland (concerning the United States'' Central Intelligence Agency rendition programme) and the judgment of the Court of Appeal of Northern Ireland in Re Application by Finucane for Judicial Review (concerning the enforceability under domestic law of the procedural obligation under Article 2 of the European Convention on Human Rights).Table of Contents1. Ireland v. United Kingdom (Request for Revision of Judgment of 18 January 1978); 2. McKerr v. United Kingdom; 3. El-Masri v. Former Yugoslav Republic of Macedonia; 4. Al Nashiri v. Poland; 5. In re McKerr; 6. Re Application by Finucane for Judicial Review Finucane v. Secretary of State for Northern Ireland; 7. Re Application by McGuigan for Judicial Review; 8. Re Application by McKenna for Judicial Review.
£190.95
Cambridge University Press Designing Indicators for a Plural Legal World
Book SynopsisDesigning Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.Table of Contents1. Introduction; 2. 'Meanings', 'trust' and 'power': Critical perspectives on legal indicators; 3. Rule of law promotion, legal indicators and legal pluralism; 4. Epistemic diversity and voices from the global south: Countering the managerial implications of measuring justice; 5. A capability approach to access to justice in plural legal systems; Annexure; Bibliography.
£80.75
Cambridge University Press Law Religion and Health in the United States
Book SynopsisWhile the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.Trade Review'Health care - in particular, care related to sexuality and procreation - has become the epicenter of the struggle to define religious liberty in America. From insurance mandates to professional autonomy, from refusing reproductive care to 'treating' homosexuality, and from defining life to defining death, Law, Religion, and Health in the United States is essential reading.' R. Alta Charo, Sheldon B. Lubar Distinguished Research Chair and Warren P. Knowles Professor of Law and Bioethics, University of Wisconsin, Madison'This timely volume addresses a wide array of deep religious, ethical, legal, and technological quandaries that swirl around the increasingly complex world of health care in the United States. Bringing together top scholars from divergent disciplines and perspectives, this book will be essential reading for those who wrestle with power over life and death in a divided country where there are no one-size-fits-all answers.' Sarah Barringer Gordon, Arlin M. Adams Professor of Constitutional Law and Professor of History, University of Pennsylvania'This impressive volume offers an in-depth analysis of a broad range of issues at the intersection of law, religion, health care, and public policy. … Many of the contributors are noted scholars and all bring substantial expertise to their essays. All of the essays are well-documented with extensive citations. Legal analyses are frequently enriched with historical and socio-cultural context. The authors' introduction provides an excellent overview of the many chapters.' Robert S. Olick, Journal of Church and StateTable of ContentsPart I. Testing the Scope of Legal Protections for Religion in the Health Care Context: 1. Religious liberty, health care, and the culture wars Douglas Laycock; 2. From Smith to Hobby Lobby: the transformation of the religious freedom restoration act Diane L. Moore and Eric M. Stephen; 3. The HHS Mandate Litigation and religious health care providers Adèle Keim; 4. Not your father's religious exemptions: the contraceptive-coverage litigation and the rights of others Gregory M. Lipper; 5. Recent applications of the Supreme Court's hands-off approach to religious doctrine: from Hosanna-Tabor and Holt to Hobby Lobby and Zubik Samuel J. Levine; Part II. Law, Religion, and Health Care Institutions: Introduction Christine Mitchell; 6. A corporation's exercise of religion: a practitioner's experience Melanie Di Pietro; 7. The natural person as the limiting principle for conscience: can a corporation have a conscience if it doesn't have an intellect and will? Ryan Meade; 8. Contracting religion Elizabeth Sepper; 9. Mission integrity matters: balancing catholic health care values and public mandates David M. Craig; Part III. Law, Religion, and Health Insurance: Introduction Marc A. Rodwin; 10. Religious exemptions to the individual mandate: health care sharing miniseries and the Affordable Care Act Rachel E. Sachs; 11. Bosses in the bedroom: religious employers and the future of employer-sponsored health care Holly Fernandez Lynch and Gregory Curfman; Part IV. Professional Responsibilities, Religion, and Health Care: Introduction Holly Fernandez Lynch; 12. Religious outliers: professional knowledge communities, individual conscience claims, and the availability of professional services to the public Claudia E. Haupt; 13. A common law duty to disclose conscience-based limitations on medical practice Nadia N. Sawicki; Part V. The Impact of Religious Objections on the Health and Health Care of Others: Introduction Richard H. Fallon Jr; 14. Conscientious objection, complicity, and accommodation Amy J. Sepinwall; 15. How much may religious accommodations burden others? Nelson Tebbe, Micah Schwatzman and Richard Schragger; 16. 'A patchwork array of theocratic fiefdoms?' RFRA claims against ACA's contraception mandate Mary Anne Case; 17. Unpacking the relationship between conscience and access Robin Fretwell Wilson; Part VI. A Case Study – Religious Beliefs and the Health of the LGBT Community: Introduction Noa Ben-Asher; 18. Religious convictions about homosexuality and the training of counseling professionals: how should we treat religious-based opposition to counseling about same-sex relationships? Susan Stabile; 19. Reclaiming biopolitics: religion and psychiatry in the sexual orientation change therapy cases and the establishment clause defense Craig Konnoth; Part VII. Accounting for Patients' Religious Beliefs: Introduction Robert D. Truog; 20. Brain death rejected: expanding legal duties to accommodate religious objections Thaddeus Mason Pope; 21. Accommodating miracles: medical futility and religious free exercise Teneille R. Brown; 22. Putting the insanity defense on trial: understanding criminality in the context of religion and mental illness Abbas Rattani and Jemen Amin Derbali; 23. Religion as a controlling interference in medical decision-making by minors Jonathan F. Will; Part VIII. Religion and Reproductive Health Care: Introduction Mindy Jane Roseman; 24. Regulating reasons: governmental regulation of private deliberation in reproductive decision-making B. Jessie Hill; 25. Religion and reproductive technology I. Glenn Cohen; 26. Religion and the unborn under the first amendment Dov Fox.
£46.54
Nova Science Publishers Inc Criminal Justice: Government Policies and
Book Synopsis
£83.29
Nova Science Publishers Inc Affirmative Action Revisited
Book SynopsisAffirmative Action Law: An Introduction (Charles V. Dale); Affirmative Action Revisited: A Legal History and Prospectus (Charles V. Dale); The Supreme Court Decision in Adarand Constructors Inc. v. Pena; Disadvantaged Business Enterprises (Charles V. Dale); Small Disadvantaged Business Programs of the Federal Government (Mark Eddy); Higher Education and Affirmative Action; Recent Developments (Steven R. Aleman); Affirmative Action in Washington State: A Discussion and Analysis of Initiative 200 (Andorra Bruno); The Equal Rights Amendment: A Chronology (Leslie W. Gladstone); Affirmative Action and Diversity in Public Education -- Legal Developments (Charles V. Dale); Sex Discrimination and the United States Supreme Court: Recent Developments in the Law (Karen J. Lewis); Affirmative Action: Congressional and Presidential Activity, 1995-1998 (Andorra Bruno)
£67.14
IBEX Publishers,U.S. Law & Politics of the Caspian Sea in the 21st
Book Synopsis
£52.69
Nova Science Publishers Inc Economics, Finance & Law on MNEs
Book SynopsisMultinational Enterprises (MNEs) are key actors within the world economy alongside the states. Is there currently a legal personality for MNEs in international law? Law reflects moral connections and it is not static which means that its content is shaped according to new situations and demands. In many situations MNEs have already been acceded as subjects of international law -- Iran versus US claims tribunal 1981 . There is a tendency to admit MNEs as actors in international law. It could be said that MNEs are not in position to freely decide if they accept their responsibilities according to international law and especially in the human right field. There is a need for more transparency in MNEs actions. MNEs are key actors in globalisation and they have a duty to act in conformity with international law. This author thinks that there is a need in distinguishing between the MNE as an economic entity and so allowing the national law of establishment, the private international law and the international commercial law to deal with the economic matters and the MNE as a whole unit (parent company with all subsidiaries regardless its separate establishment in various states under national laws) an international social policy actor in globalisation whose actions affect the global world.
£129.74
Nova Science Publishers Inc International Criminal Court: Policy, Status &
Book SynopsisOne month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed the American Servicemembers'' Protection Act (ASPA), which limits U.S. government support and assistance to the ICC; curtails certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates U.S. participation in United Nations (U.N.) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorises the President to use "all means necessary and appropriate to bring about the release" of certain U.S. and allied persons who may be detained or tried by the ICC. The provision, withholding military assistance under the programs for Foreign Military Financing (FMF) and International Military Education and Training (IMET) from certain States Parties to the Rome Statute, came into effect on July 1, 2003. The 109th Congress reauthorised the Nethercutt Amendment as part of the FY2006 Consolidated Appropriations Act (H.R. 3057/P.L. 109-102). Unless waived by the President, it bars Economic Support Funds (ESF) assistance to countries that have not agreed to protect U.S. citizens from being turned over to the ICC for prosecution. H.R. 5522, as passed by the House of Representatives, would continue the ESF restriction for FY2007. The Senate passed a measure as part of the 2007 National Defense Authorization Act (H.R. 5122, S. 2766) that would modify ASPA to end the ban on IMET assistance. The ICC is the first permanent world court with nearly universal jurisdiction to try individuals accused of war crimes, crimes against humanity, genocide, and possibly aggression. While most U.S. allies support the ICC, the Bush Administration firmly opposes it and has renounced any U.S. obligations under the treaty. After the Bush Administration threatened to veto a United Nations Security Council resolution to extend the peacekeeping mission in Bosnia on the ground that it did not contain sufficient guarantees that U.S. participants would be immune to prosecution by the ICC, the Security Council adopted a resolution that would defer for one year any prosecution of participants in missions established or authorised by
£67.99
Nova Science Publishers Inc Affirmative Action & Preferential Treatment: Laws
Book SynopsisThis book examines a survey of federal laws containing preferences based on race, gender, or ethnicity. Affirmative action remains a subject of public debate as the result of legal and political developments at the federal, state, and local levels. In recent years, federal courts have reviewed minority admissions programs to state universities; scrutinized the constitutional status of racial diversity policies in public elementary and secondary schools; ruled on minority preferences in public and private employment as a remedy for violation of civil and constitutional rights; and considered federal, state, and local efforts to increase minority participation as contractors and subcontractors on publicly financed construction projects. Also discussed is affirmative action in the workplace; diversity in public education; race discrimination and the Supreme Court; and pay discrimination claims of the Civil Rights Act.
£119.99
Nova Science Publishers Inc International Monetary Fund: Elements, Reforms &
Book Synopsis
£55.99
Nova Science Publishers Inc Gravity of Wisdom in International Criminal Law
Book SynopsisIn this comprehensive work, Malekianintroduces the importance of the nobleprinciple of the population of wisdom,which relates to the far-reaching foundations of the systems of international human rights law and international criminal justice. This principle is not dependent upon the norm of inequality, nor upon the threat of use of force and the killing of millions, nor does it seek to destroy the truth in order to exploit nations. Malekiantrusts that an equitable system of international law based in wisdom can provide a forum for a deeper philosophical understanding of the value of our perception, which struggles to establish quality standards, rather than an exorbitant number of human rights provisions. If international human rights law and international criminal law do not uphold moral values, they cannot make ethically wise decisions or attain long-term legal efficiency. We may successfully increase the significance of legal disciplines such as human rights law, the law of the United Nations, and the moral capacity of the norm of perception through the magnificent power of wisdom. This book discusses original theories addressing serious questions concerning the ethical, normative, and moral values of human essence concerning a variety of issues, in order to decrease violations and increase perceptions of true humanisation. The musings on the distinctive values of this book are presented to those who are not afraid to honour the truth. Read the book with a vigilant heart and scrutinise it with an open-mind.Table of ContentsPreface; Searching Wisdom in the System of International Law; Perception of Reality of Wisdom in International Law; Contesting Values of Wisdom in International Law; Struggles for Internationalization of Wisdom; Preventing Wisdom with Unwise Decisions in the United Nations; Responsibility to Implement Wise Decisions in International Law; Misleading Humanity with Unwise Prorogation; Wisdom Qualifying International Morality; Conclusion; Index.
£999.99
Nova Science Publishers Inc The British Judges of the International Court of
Book SynopsisThe monograph considers the individual and joint dissertations, separate opinions and dissenting opinions that British judges Sir Gerald Fitzmaurice, Sir Humphrey Waldock, Sir Robert Jennings, Dame Rosalyn Higgins and Sir Christopher Greenwood appended to Judgments and Advisory Opinions of the International Court of Justice. It provides information of the life of, and reviews some of the scholarship of, these judges. In the final chapter, the author endeavours to identify characteristics of the British judges of the International Court of Justice that are shared by some of all of these five jurists - together with their predecessors at the Court, Baron Arnold McNair and Sir Hersch Lauterpacht.
£163.19
Bohlau Verlag Poland in good constitution?: Contemporary issues
Book Synopsis
£93.91
ibidem-Verlag, Jessica Haunschild u Christian Schon International Law and the Post–Soviet Space I –
Book SynopsisThe region that once comprised the Soviet Union has been the scene of crises with serious implications for international law. Some of these, like the separatist conflict in Chechnya, date to the time of the dissolution of the USSR. Others, like Russias forcible annexation of Crimea and intervention in Ukraines Donbas, erupted years later. The seizure of Estonia, Latvia, and Lithuania, which took place long before, would trouble Soviet-western relations for the Cold Wars duration and gained new relevance when the Baltic States re-emerged in the 1990s. The fate of Ukraine notwithstanding, the Budapest Memorandum of 1994 complicates future efforts at nuclear non-proliferation. Legal proceedings in connection with events in the post-Soviet space brought before the International Court of Justice and under investment treaties or the UN Convention on the Law of the Sea may be steps toward the resolution of recent crises -- or tests of the resiliency of modern international law.
£31.50
ibidem-Verlag, Jessica Haunschild u Christian Schon International Law and the Post–Soviet Space II –
Book SynopsisThis volume deals with legal issues concerning Russias annexation of Crimea and intervention in the Donbas, so-called frozen conflicts and hybrid warfare, the use of courts and tribunals to address armed aggression, and the implications of recent events for the security guarantees connected to nuclear non-proliferation. Continuing from the first volume, which contains Parts One and Two on Chechnya and the Baltic States, this book is comprised of Part Three --Ukraine and other successor States: Territorial Integrity and its Challengers in the Post-Soviet Space; Part Four -- Intervention and International Law; Part Five -- Legal Proceedings and Unlawful Claims; and Part Six -- Non-Proliferation after Budapest.
£31.50
ibidem-Verlag, Jessica Haunschild u Christian Schon International Law and the Post–Soviet Space I –
Book SynopsisThe region that once comprised the Soviet Union has been the scene of crises with serious implications for international law. Some of these, like the separatist conflict in Chechnya, date to the time of the dissolution of the USSR. Others, like Russias forcible annexation of Crimea and intervention in Ukraines Donbas, erupted years later. The seizure of Estonia, Latvia, and Lithuania, which took place long before, would trouble Soviet-western relations for the Cold Wars duration and gained new relevance when the Baltic States re-emerged in the 1990s. The fate of Ukraine notwithstanding, the Budapest Memorandum of 1994 complicates future efforts at nuclear non-proliferation. Legal proceedings in connection with events in the post-Soviet space brought before the International Court of Justice and under investment treaties or the UN Convention on the Law of the Sea may be steps toward the resolution of recent crises -- or tests of the resiliency of modern international law.
£71.25
ibidem-Verlag, Jessica Haunschild u Christian Schon International Law and the Post–Soviet Space II –
Book SynopsisThis volume deals with legal issues concerning Russias annexation of Crimea and intervention in the Donbas, so-called frozen conflicts and hybrid warfare, the use of courts and tribunals to address armed aggression, and the implications of recent events for the security guarantees connected to nuclear non-proliferation. Continuing from the first volume, which contains Parts One and Two on Chechnya and the Baltic States, this book is comprised of Part Three --Ukraine and other successor States: Territorial Integrity and its Challengers in the Post-Soviet Space; Part Four -- Intervention and International Law; Part Five -- Legal Proceedings and Unlawful Claims; and Part Six -- Non-Proliferation after Budapest.
£71.25
Bookwell Publications Electoral Reforms: Law and Institutions of India
Book Synopsis
£999.99
Gefen Publishing House Table Against Mine Enemies: Israel on the Lawfare
Book Synopsis
£26.34
Kite Group Ltd Leading Cases in Maltese Administrative Law
Book Synopsis
£42.50
Kite Group Ltd Judicial Review of Administrative Action in Malta
Book Synopsis
£27.00
Kite Group Ltd The Philosophy of Law: A Brief Introduction
Book Synopsis
£27.00
Nova Science Publishers, Inc. International Law Changes in Light of the Invasion of Ukraine
£138.39
Nova Science Publishers, Inc. Utipolitianist International Criminal Court
£113.59
Oxford University Press, USA The Power of Legitimacy among Nations
Book SynopsisQB: LEAVE THIS COPY AS IT ISIn this work, Thomas Franck, an authority on international law, considers why it is that rules within the international system are for the most part obeyed, even though they are not usually enforced. Much of his discussion is theoretical, based on discussions of laws that do not involve coercion, but Franck also makes use of many practical examples to show how international law works successfully even without formal codes or laws.Trade Review`Franck is the first person who truly attempts in a systematic manner to make the concept of `legitimacy' operational with regard to public international law ... Franck has written a beautiful and surely provocative book in readable style ... His position can offer a most welcome spark for a renewed debate on the philosophical and theoretical fundamentals of public international law. This, in and of itself, is a stellar achievement.' Netherlands International Law Review
£104.50
Oxford University Press Defending Humanity
Book SynopsisIn Defending Humanity, internationally acclaimed legal scholars George P. Fletcher and Jens David Ohlin tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state''s border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO''s intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative new book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the U.N. Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the U.N. Charter was originally based, in particular, the concept of legitimate defense, which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.Trade Review"Defending Humanity may be viewed as a protracted and fascinating effort to show that certain intuitive conclusions regarding the use of international force are justified and reinforced by international law...Fletcher and Ohlin serve up much thoughtful discussion and a number of fascinating historical opinions and observations...Upon completing the book, I felt a bond of kinship with the authors and an appreciation for their willingness to undertake such a worthy exploration."--International Journal of World Peace "With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A must read."--Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden "The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense. They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure."--Jeff McMahan, author of The Ethics of Killing: Problems at the Margins of Life "Provocative and innovative.... George Fletcher and Jens Ohlin's book, Defending Humanity, presents a remarkable tour through the theoretical, historical, and cultural justifications for the use of force by one country against another.... Defending Humanity is an exellent book, and its probing analysis should help sharpen readers' own views."--Harold J. Krent, Dean and Professor of Law, Chicago-Kent College of Law. "The two Columbia professors provide a carefully thought out set of guidelines on what counts as 'defense,' when humanitarian interventions are legitimate, why preemptive and preventive wars are almost always impossible,...and much more. Carefully reasoned from the standpoint of those who still rely on violence to achieve national ends, this book should become a classic for the foreign policy 'realists.'"--Tikkun "A stimulating and provocative book, deserving a wide readership and a central place in debates about the role of military force in international affairs...an excellent, thought-provoking, and, not least, timely book. Its main line of argument concerning the defensive use of military force draws on notions of self-defense found in several traditions of domestic law, and does so in original and insightful ways. The result is a much more fine-grained notion of self-defense in international law than what figures in most current debates."--Ethics & International Affairs "Fletcher and Ohlin present us with a valuable and significant contribution to theories and arguments about the use of force in international law. They formulate a coherent set of principles be which the legitimacy of defensive actions can be tested which bridge the divide between philosophy and legal theory."--Charlotte Peevers, PhD Candidate, London School of EconomicsTable of ContentsIntroduction 1. Murder Among Nations 2. How to Talk Self Defense 3. A Theory of Legitimate Defense 4. The Six Elements of Legitimate Defense 5. Excusing International Aggression 6. Humanitarian Intervention 7. Preemptive and Preventive Wars 8. The Collective Dimension of War Conclusion
£37.04
