International law Books
University of Nebraska Press A Handbook of International Human Rights
Book SynopsisPresents a tool for navigating the language of international human rights related to law, jurisprudence, politics, diplomacy, and philosophy. This work contains over four hundred commonly used key terms and acronyms. It also includes treaty instruments and citations of important human rights instruments.Trade Review"A timely and practical contribution to teachers and students of international human rights."-The Law and Politics Review. The Law and Politics Review "Compact and comprehensive ... Conde's work strikes an excellent balance between breadth of coverage and depth of definition."-Choice. Choice "A very helpful tool for better understanding of our international scene."-International Journal on World Peace. International Journal on World Peace "The most comprehensive, accessible dictionary of human rights terms to date... What makes this handbook a significant contribution to the growing number of dictionaries and reference books on human rights and public international law is its accessibility to those who study and work in human rights outside of the academy and the international legal profession. The Handbook is accessible in its tone because a number of important concepts are defined with examples and are linked to related entries elsewhere in the book."--Mark Massoud, International Journal on World Peace. International Journal on World Peace "The Handbook is a helpful, wide ranging aide to the study and understanding of human rights. It is designed for those just beginning their studies in human rights, especially to help them understand the sometimes complex language of human rights discourse... The wide selection of terms being defined should answer the needs of most students--and many practitioners."--David E. Guinn, Human Rights and Human Welfare Human Rights and Human Welfar
£28.80
University of Pennsylvania Press Behind the Disappearances Argentinas Dirty War Against Human Rights and the United Nations Pennsylvania Studies in Human Rights
Book SynopsisDrawing on confidential Argentinian documents and memoranda, Behind the Disappearances documents a seven-year diplomatic war by one of the twentieth century''s most brutal regimes. It relates how, starting in 1976, Argentina''s military government tried to cripple the UN''s human rights machinery in an effort to prevent international condemnation of its policy of disappearances. Initially this attempt succeeded, but in 1980—with encouragement from the Carter administration—UN officials regained the initiative and created a special working group on disappearances that rejuvenated the UN''s efforts. This progress was abruptly halted in 1981 when the Reagan administration sided with the Argentinian regime. The result, claims the author, not only undercut the UN''s actions against disappearances but also weakened its chances of playing a positive role in aiding Latin America''s transition from dictatorship to democracy.Trade Review"One of the best and most interesting treatments of the human rights movement, and of the dynamics of the United Nations human rights system, written to date." * Human Rights Quarterly *"Truth is more chilling than fiction. And when the tale is spun by an adroit writer, the truth is more compelling still. . . . Guest develops a suspenseful plot, making Behind the Disappearances truly an educational page turner." * Clifton Magazine *
£42.50
University of Pennsylvania Press Autonomy Sovereignty and SelfDetermination
Book SynopsisDemands for autonomy or minority rights have given rise to conflicts, often violent, in every region of the world and under every political system. Through an analysis of contemporary international legal norms and an examination of several specific case studies-including Hong Kong, India, the transnational problems of the Kurds and Saamis, Nicaragua, Northern Ireland, Spain, Sri Lanka, and the Sudan-this book identifies a framework in which ethnic, religious, and regional conflicts can be addressed.Trade Review"With the end of the Cold War, ethnic conflict appears to be reemerging as subnational groups fight to be heard and represented. Hence the value of this well-researched volume. Focusing on individuals and groups rather than states, the author searches for means of accommodating conflicting claims. Government legitimacy is seen as resting on more than simple majority rule, on respect for human rights and the effective participation of all the various segments of society in the decision-making process." * Foreign Affairs *"A very useful, comprehensive, and important contribution to the study of international relations, international law, and comparative politics. . . . Impressive." * Choice *"A right of autonomy within international law might help resolve intrastate conflicts between ethnic groups before they escalate into civil war and demands for secession. So Hurst Hannum argues in this excellent book. . . . These are important suggestions about how to use a flexible approach to sovereignty and the right to ethnic self-determination to create a just and ordered multination-state system." * Political Science Quarterly *"This valuable volume chronicles the issues that arise from disputes over minority rights when the state is seen to represent majority groups better. . . . Must reading for scholars interested in the legal dimension of minority conflicts with the state. It should also be required reading for the leadership of nations currently confronting such issues or international actors who could be helpful in resolving them." * American Political Science Review *"A remarkable treatise." * American Journal of International Law *"Hannum has long combined scholarship with involvement in the making of practical policy. The present work displays this most useful combination of perspectives." * Journal of Asian and African Affairs *Table of ContentsAcknowledgments 1. Introduction 3 2. Sovereignty, Statehood, and Nationalism 14 3. Self-Determination 27 4. The Rights of Minorities 50 5. Indigenous Rights 74 6. Human Rights 104 7. Hong Kong 129 8. India and the Punjab 151 9. The Kurds 178 10. The Atlantic Coast of Nicaragua 203 11. Northern Ireland 226 12. The Saami (Lapp) People of Norway, Sweden, and Finland 247 13. Spain—The Basque Country and Catalonia 263 14. Sri Lanka 280 15. Sudan 308 16. Federal or Quasi-Federal Structures 337 —Eritrea (1952-1962) —Greenland —Netherlands Antilles —Switzerland (1848-1874) —Union of Soviet Socialist Republics 17. Territories of International Concern 370 —Aland Islands —Free City of Danzig —Memel Territory —New Zealand—The Associate States of the Cook Islands and Niue and the Territory of Tokelau —The Saar (1920-1935) —The Saar (1945-1955) —Free Territory of Trieste 18. Other Situations of Interest 407 —Belgium —Indian Peoples in Brazil —China —Fiji —Italy—the South Tyrol —Malaysia 19. Conclusion 453 Recent Developments 479 Postscript 495 Selected Bibliography 509 Index 515
£35.10
University of Pennsylvania Press Universal Jurisdiction
Book SynopsisWhen former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world''s attention was focused for the first time on the idea of universal jurisdiction. Universal jurisdiction stands for the principle that atrocities such as genocide, torture, and war crimes are so heinous and so universally abhorred that any state is entitled to prosecute these crimes in its national courts regardless of where they were committed or the nationality of the perpetrators or the victims. In 2001, two Rwandan nuns were convicted in a Belgian court for atrocities committed in Rwanda against Rwandans. Serbs have been prosecuted in German courts, and a court in Senegal asserted universal jurisdiction over the former dictator of Chad, Hissène Habré. Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.Universal JurTrade Review"This particular publication is likely to become an essential one in the analysis of jurisprudential bases for the heinous activity that such jurisdiction is bound to eradicate." * American Society of International Law Newsletter *Table of ContentsIntroduction —Stephen Macedo PART I. THE PRINCETON PRINCIPLES Preface to the Princeton Principles —Mary Robinson The Princeton Principles on Universal Jurisdiction Commentary on the Principles —Steven W. Becker PART II. ESSAYS AND COMMENT 1. The History of Universal Jurisdiction and Its Place in International Law —M. Cherif Bassiouni 2. Comment: The Quest for Clarity —Stephen A. Oxman 3. The Growing Support for Universal Jurisdiction in National Legislation —A. Hays Butler 4. The Adolf Eichmann Case: Universal and National Jurisdictions —Gary J. Bass 5. Comment: Connecting the Threads in the Fabric of International Law —Lori F. Damrosch 6. Assessing the Pinochet Litigation: Whither Universal Jurisdiction? —Richard A. Falk 7. Comment: Universal Jurisdiction and Transitions to Democracy —Pablo De Greiff 8. The Hissène Habré Case: The Law and Politics of Universal Jurisdiction —Stephen P. Marks 9. Defining the Limits: Universal Jurisdiction and National Courts —Anne-Marie Slaughter 10. Universal Jurisdiction, National Amnesties, and Truth Commissions: Reconciling the Irreconcilable —Leila Nadya Sadat 11. The Future of Universal Jurisdiction in the New Architecture of Transnational Justice —Diane F. Orentlicher 12. Universal Jurisdiction and Judicial Reluctance: A New "Fourteen Points" —Michael Kirby 13. Afterword: The Politics of Advancing International Criminal Justice —Lloyd Axworthy List of Contributors List of Project Participants Notes Index Acknowledgments
£27.90
University of Pennsylvania Press The Age of Apology Facing Up to the Past
Book SynopsisIn The Age of Apology twenty-two law, politics, and human rights scholars explore the legal, political, social, historical, moral, religious, and anthropological aspects of Western apologies.Trade Review"Well written, well analyzed, and well referenced. It will be the most comprehensive book on public apologies. Anyone who is interested in the importance of public apologies will turn to this book." * Aaron Lazare, author of On Apology *
£35.10
University of Pennsylvania Press International Human Rights Law An Introduction
Book SynopsisInternational Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics.
£42.50
University of Pennsylvania Press The Promise of Human Rights Constitutional
Book SynopsisTrade Review"Jamie Mayerfeld's The Promise of Human Rights is a timely corrective to persistent misconceptions about international human rights law's relationship to United States sovereignty and democracy. At a moment when 'American Exceptionalism' has re-emerged, in a new and crasser form, as a normative challenge to compliance with international legal constraints, Mayerfeld reminds us of American democracy's roots in a Madisonian tradition that emphasizes the complex challenges of self-government and the need for checks on the concentration of power. Mayerfeld correctly notes that national sovereignty, far from precluding international legal obligations, is precisely what is exercised in the undertaking of such obligations." * Human Rights Review *"Jamie Mayerfeld's new book is an important contribution to both scholarly and popular debates about the legitimacy of international human rights law. . . . Mayerfeld's analysis effectively connects the specific strategies designed to limit the influence of international human rights law on US domestic law to how these specific moves were later exploited by Bush administration officials to legitimize torture." * Ethics *"The Promise of Human Rights: Constitutional Government, Democratic Legitimacy, and International Law is a compelling analysis of American exceptionalism and international human rights law. . . . [It] is a rich contribution to literatures on human rights and democratic theory and on America's place in the world, as well as the empirical literature on European institutions." * The Journal of Politics *"This is a remarkable book. . . . [It] offers a valuable and much needed reminder: International human rights law is not only about improving the practices of other countries (an 'outward looking' justification) but also about improving the practices of one's own country (an 'inward looking' justification). . . . A very good read." * Perspectives on Politics *"Carefully researched and clearly written, the book has much relevance to contemporary times." * Choice *"One of the most important of the powerful arguments in this wide-ranging book is its demonstration that the marginalization of international human rights in U.S. legal culture facilitated the 'moral and legal wreckage' and the 'strategic calamity' recently produced by torture." * Henry Shue, University of Oxford *"Jamie Mayerfeld's book is an important contribution to democratic theory and to human rights scholarship. His reasoning is lucid, the research careful, and the breadth impressive." * Michael Goodhart, University of Pittsburgh *"The Promise of Human Rights speaks directly to U.S. debates about the appropriate relationship between international human rights law and domestic law and places the debates firmly within the context of torture in the War on Terror. Jamie Mayerfeld contributes an original addition to the scholarship." * Fiona de Londras, University of Birmingham *Table of ContentsIntroduction Chapter 1. Human Rights Chapter 2. Madison's Compound Republic and the Logic of Checks and Balances Chapter 3. Europe and the Virtues of International Constitutionalism Chapter 4. American Exceptionalism and the Betrayal of Human Rights, Part I: The Torture Memos Chapter 5. American Exceptionalism and the Betrayal of Human Rights, Part II: Enabling Torture Chapter 6. The Democratic Legitimacy of International Human Rights Law Conclusion Notes Index Acknowledgments
£25.19
University of Pennsylvania Press Human Rights in the World Community
Book SynopsisSpecifically designed for educational use in international relations, law, political science, economics, and philosophy classes, Human Rights in the World Community treats the full range of human rights issues, including key paradoxes and contestations surrounding human rights, implementation problems, and processes involving international, national, and nongovernmental action. This new, expanded edition reflects the global, large-scale change that has occurred in the field of human rights, including the rise of terrorism and the triple threats of climate change, nuclear proliferation, and poverty, and each section features, as in previous editions, provocatively probing discussion questions. For the first time, the book''s set of appendices are available online: a bibliography, which encourages further study; an annotated human rights filmography; and the texts of, and citations to, key human rights instruments.Contributors: Seyla Benhabib, Fiona Beveridge, ClauTrade Review"This is a remarkably rich, diverse, timely, and challenging collection that highlights both the imperative of promoting human rights as well as the challenges and obstacles that their advocates must confront. Very highly recommended." * Philip Alston, New York University *"What a marvelously exciting book! Professors Weston and Grear have brought together a stellar lineup of scholars to remind us why we used to think human rights mattered so much-and to show how they can be revived to inspire a radical critique of international law and politics, one that is ever more urgent as we head into an increasingly dark future. Bravo!" * Stephen Humphreys, London School of Economics *"In this welcome fourth edition, Burns Weston and Anna Grear have curated an outstanding collection of essays that offer critical insights both for those who are venturing into the world of human rights for the first time and for those who are its most seasoned advocates." * Barbara A. Frey, University of Minnesota *"Human rights are not easy. The great strength of this iconic volume lies in its explicit recognition of their multiple dimensions-stretching across philosophy, politics, economics, and the law. Building on the wide-ranging contributions of leading authors in the field, the editors invite readers to reflect critically on the problems as well as possibilities of human rights. Yet another generation of students and teachers has reason to be grateful." * David Kinley, The University of Sydney *"The Claude-Weston text . . . must be considered the most thought-provoking, comprehensive, and contemporary of the teaching materials now available." * American Journal of International Law *"Claude and Weston have prepared the definitive textbook on human rights. The book's annotated filmography and thoughtful questions for discussion . . . make it a unique resource for educators." * Eric Stover, University of California at Berkeley *"A challenging and valuable contribution for all readers interested in expanding their knowledge of the current, and even future, issues in human rights." * International and Comparative Law Quarterly *Table of ContentsA Warm Welcome from the Editors An Essential Guide to Use of Our Book About the Authors Acknowledgments List of Abbreviations PART I. ISSIES Chapter 1. International Human Rights: Issues and Overviews 1. Burns H. Weston, Human Rights: Concept and Content —Questions for Reflection and Discussion 2. Anna Grear, "Framing the Project" of International Human Rights Law: Reflections on the Dysfunctional "Family" of the Universal Declaration —Questions for Reflection and Discussion 3. Martha C. Nussbaum, Capabilities, Human Rights, and the Universal Declaration —Questions for Reflection and Discussion 4. Burns H. Weston, Universalism Versus Cultural Relativism: An Appeal for Respectful Decision-Making —Questions for Reflection and Discussion 5. Robert McCorquodale and Richard Fairbrother, Globalization and Human Rights —Questions for Reflection and Discussion 6. Ratna Kapur, Human Rights in the Twenty-First Century: Take a Walk on the Dark Side —Questions for Reflection and Discussion 7. Margaret R. Somers and Christopher N. J. Roberts, Toward a New Sociology of Rights: A Genealogy of "Buried Bodies" of Citizenship and Human Rights —Questions for Reflection and Discussion Chapter 2. Basic Decencies 8. Claudia Card, Genocide —Questions for Reflection and Discussion 9. Jonathan Todres, Law, Otherness, and Human Trafficking —Questions for Reflection and Discussion 10. Jeremy Waldron, Torture and Positive Law —Questions for Reflection and Discussion Chapter 3. Participatory Rights 11. Richard B. Lillich, Civil Rights —Questions for Reflection and Discussion 12. Daniel Moeckli, Equality and Non-Discrimination —Questions for Reflection and Discussion 13. Ineke van der Valk, Racism: A Threat to Global Peace —Questions for Reflection and Discussion 14. Fiona Beveridge and Siobhan Mullally, International Human Rights and Body Politics —Questions for Reflection and Discussion 15. Seyla Benhabib, Borders, Boundaries, and Citizenship —Questions for Reflection and Discussion Chapter 4. Basic Human Needs as Security Rights 16. Scott Leckie, Another Step Toward Indivisibility: Key Features of Violations of Economic, Social, and Cultural Rights —Questions for Reflection and Discussion 17. Judy Fudge, The New Discourse of Labor Rights: From Social to Fundamental Rights? —Questions for Reflection and Discussion 18. Paul Hunt, The Right to Health: Key Objectives, Themes, and Interventions —Questions for Reflection and Discussion 19. Hannah Wittman, Food Sovereignty: A New Rights Framework for Food and Nature —Questions for Reflection and Discussion 20. Richard Pierre Claude and Felisa L. Tibbitts, The Right to Education and to Human Rights Education —Questions for Reflection and Discussion 21. Cindy Holder, Culture as an Activity and Human Right —Questions for Reflection and Discussion Chapter 5. Community and Group Rights—"Solidarity Rights" 22. Karen Engle, On Fragile Architecture: The UN Declaration on the Rights of Indigenous Peoples in the Context of Human Rights' —Questions for Reflection and Discussion 23. Bonny Ibhawoh, The Right to Development: The Politics and Polemics of Power and Resistance —Questions for Reflection and Discussion 24. Conor Gearty, Do Human Rights Help or Hinder Environmental Protection? —Questions for Reflection and Discussion 25. Douglas Roche, Peace: A Sacred Right —Questions for Reflection and Discussion 26. Susan Marks, What Has Become of the Emerging Right to Democratic Governance? —Questions for Reflection and Discussion PART II. ACTION Chapter 6. International Human Rights: Action Overviews 27. Burns H. Weston, Human Rights: Prescription and Enforcement —Questions for Reflection and Discussion 28. Harold Hongju Koh, How Is International Human Rights Law Enforced? —Questions for Reflection and Discussion 29. Wade M. Cole, Human Rights as Myth and Ceremony? Reevaluating the Effectiveness of Human Rights Treaties, 1981-2007 —Questions for Reflection and Discussion Chapter 7. Public Sector Approaches to International Human Rights Implementation 30. Stephen P. Marks, The United Nations and Human Rights —Questions for Reflection and Discussion 31. Dinah L. Shelton, Breakthroughs, Burdens, and Backlash: What Future for Regional Human Rights Systems? —Questions for Reflection and Discussion 32. Richard A. Falk, Searching for a Jurisprudence of Conscience: International Criminal Accountability and Humanitarian Intervention —Questions for Reflection and Discussion 33. Anna Grear and Burns H. Weston, Human Rights Accountability in Domestic Courts: Corporations and Extraterritoriality —Questions for Reflection and Discussion Chapter 8. Private Sector Approaches to International Human Rights Implementation 34. Richard Pierre Claude, What Do Human Rights NGOs Do? —Questions for Reflection and Discussion 35. Penelope Simons, International Law's Invisible Hand and the Future of Corporate Accountability for Violations of Human Rights —Questions for Reflection and Discussion 36. Jordan J. Paust, The Human Right to Revolution —Questions for Reflection and Discussion Chapter 9. Global Trajectories, Global Futures 37. Michael Ignatieff, American Exceptionalism and Human Rights —Questions for Reflection and Discussion 38. Anna Grear, Corporations, Human Rights, and the Age of Globalization: Another Look at the "Dark Side" in the Twenty-First Century —Questions for Reflection and Discussion 39. Tony Evans, Citizenship and Human Rights in the Age of Globalization —Questions for Reflection and Discussion Postscript: Human Rights, Humane Governance, and the Future Documentary Appendix A. Select Instruments (see www.uichr.org/Weston-Grear) Documentary Appendix B: Select Citations (see www.uichr.org/Weston-Grear) Select Bibliography (see www.uichr.org/Weston-Grear) Select Filmography (see www.uichr.org/Weston-Grear) Supplemental Readings (see www.uichr.org/Weston-Grear) Index
£38.25
University of Pennsylvania Press Human Rights and War Through Civilian Eyes
Book SynopsisInternational lawyers and ethicists have long judged wars from the perspective of the state and its actions, developing international humanitarian law by asking such questions as Are the belligerents justified in entering the conflict? and How should they conduct themselves during the war''s execution? and When civilian noncombatants are harmed, who is responsible for their suffering? Human Rights and War Through Civilian Eyes reimagines the ethics of war from the standpoint of its collateral victims, focusing on the effects of war on individuals—on those who are terrorized, or killed, or whose lives are violently disrupted. Upholding a human rights analysis of war, Thomas W. Smith conveys vividly the depth of human loss and the narrowing of everyday life brought about by armed conflict.Through riveting case studies of the Iraq War and the recent Gaza conflicts, Smith shows how even combatants who profess to follow the laws of war often engage in appalling violencTrade Review"Human Rights and War represents a major advance in the study of civilian devastation in modern warfare. Thomas W. Smith builds a compelling case for adopting a human rights perspective for understanding and advancing the humanitarian needs of civilian noncombatants, a case that centers on the viewing of warfare from the civilian's perspective." * Daniel Rothbart, George Mason University *
£49.30
University of Pennsylvania Press Human Rights or Global Capitalism The Limits of
Book SynopsisHuman Rights or Global Capitalism examines the application of neoliberal policies from a human rights perspective and asks whether states, by outsourcing to the private sector many services with a direct impact on human rights, abdicate their responsibilities to uphold human rights and violate international law.
£49.30
University of Pennsylvania Press Realizing Roma Rights
Book SynopsisRealizing Roma Rights investigates the ongoing stigma and anti-Roma racism and documents a growing, vibrant Roma led political movement engaged in building a more inclusive and just Europe.Trade Review"Realizing Roma Rights is a most welcome contribution to the meager world of human rights-based studies of the Roma population . . . The book is well edited and presents a comprehensive picture and analysis of current issues surrounding the Roma, in particular in Eastern and Central Europe. The editors have a deep understanding not only of the human rights dimensions of the condition of the Roma situation, but also of the political, cultural, and historical questions that are important to include in order to fully comprehend the magnitude of the challenges faced and to provide a contribution for purposes of future scenarios for the Roma." * Human Rights Quarterly *"Realizing Roma Rights is an absorbing study . . . [and] a thoughtful and stimulating read. What we learn is that centuries of state-sponsored vilification, criminalisation and marginalisation of the Roma has normalised racism . . . Deep-seated prejudice of this kind does not instantly evaporate when an international body, a government or a court decides that it is no longer acceptable. Change comes slowly . . . This edited book is an important contribution to this understanding." * The International Journal of Human Rights *"Roma history includes accounts of terrible discrimination but must also pay attention to the development of an admirably courageous global community-beautifully combining resistance to imposed disadvantage with instinctive tolerance of different ways of life of others. This splendid collection of essays brings out the richness of the Roma story-what the world owes to this massively disadvantaged group, and, no less important, what the world has to learn from the global culture of this locally defiant community spread across the world." * Amartya Sen, Harvard University *"By juxtaposing European and American Roma experiences, Realizing Roma Rights demonstrates that Roma cannot fight racism and discrimination without strategic allies in both their countries of origin and their adopted homelands and makes clear the need to develop Roma networks that can advocate for human and legal rights in their communities. Anyone working toward achieving rights for Roma, especially those working in European and international commissions, as well as non-governmental organizations, would benefit from reading this book." * Romani Rose, Chairman of the Central Council of German Sinti and Roma *Table of ContentsRealizing Roma Rights: An Introduction PART I. THE LONG SHADOW OF ANTI- ROMA DISCRIMINATION Chapter 1. Roma Children and Enduring Educational Exclusion in Italy —Elena Rozzi Chapter 2. Toward the Recognition of Critical Race Th eory in Human Rights Law: Roma Women's Reproductive Rights —Alexandra Oprea PART II. THE LONGUE DURÉE: THE HISTORY OF ROMA POLICY AS AN ELEMENT IN U.S. FOREIGN POLICY Chapter 3. Policy and Practice: A Case Study of U.S. Foreign Policy Regarding the Situation of Roma in Europe —Erika Schlager Chapter 4. The U.S. Department of State and International Efforts to Promote the Human Rights of Roma —David Meyer and Michael Uyehara PART III. TAKING STOCK OF EUROPEAN PUBLIC POLICY: THE IMPACT OF ROMA INCLUSION STRATEGIES Chapter 5. A Critical Analysis of Roma Policy and Praxis: The Romanian Case —Margareta Matache and Krista Oehlke Chapter 6. Roma Policy in Europe: Results and Challenges —Andrzej Mirga Chapter 7. Reconstructing Roma Integration in Central and Eastern Europe: Addressing the Failures of the Last Quarter Century —Kálmán Mizsei PART IV. THE ENDURING CHALLENGE OF TACKLING ANTI- ROMA INSTITUTIONAL DISCRIMINATION AND POPULAR RACISM IN CONTEMPORARY EUROPE: A COMPARATIVE ANALYSIS Chapter 8. Anti- Roma Violence, Hate Speech, and Discrimination in the New Europe: Czech Republic, Slovakia, and Hungary —Will Guy Chapter 9. The Unfulfi lled Promise of Educational Opportunity in the United States and Europe: From Brown v. Board to D.H. and Beyond —James A. Goldston PART V. LOOKING FORWARD: THE IMPERATIVE OF ROMA COMMUNITY MOBILIZATION AND LEADERSHIP Chapter 10. Making Roma Rights a Reality at the Local Level: A Spanish Case Study —Teresa Sordé Martí and Fernando Macías Chapter 11. Roma Mobilization and Participation: Obstacles and Opportunities —Peter Vermeersch Chapter 12. Roma in European Politics, Looking to the Future —David Mark Notes List of Contributors Index Acknowledgments
£52.70
University of Pennsylvania Press Landscapes of Law
Book SynopsisTrade Review"Landscapes of Law offers fresh interrogations of the concept and dynamics of culture, illuminating the mutually reinforcing dynamics of state sovereignty, populism, and transnationalism. It is an important and entirely original contribution to the social sciences, political theory, legal studies, and the interdisciplinary study of law." * Jothie Rajah, The American Bar Foundation *
£56.10
Rutgers University Press Understanding the Age of Transitional Justice
Book SynopsisThe contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms. Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts and to provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones. Trade Review"Bringing together some of the most notable voices in the field, this volume moves away from the often narrow focus of other treatments of transitional justice—situating and evaluating the effect of accountability mechanisms within a larger social, cultural, and political context." -- Ronald Slye * coauthor of International Criminal Law and Its Enforcement *“This rich and interesting volume goes beyond the legal understanding of Transitional Justice in order to address the challenge of post-conflict societies. A valuable and important contribution to the current literature.” -- Elazar Barkan * Columbia University *"Chronicle of Higher Education weekly book list," by Nina C. Ayoub * Chronicle of Higher Education *"With an extraordinary and impressively informative body of seminal scholarship by experts in the subject of transitional justice that is unreservedly recommended for both community and academic library collections, it should be noted for the personal reading lists of students, academia, social activists, and non-specialist general readers with an interest in the subject that Understanding the Age of Transitional Justice is also available in a paperback edition and in a digital book format." * Midwest Book Review *Table of ContentsIntroduction: On History, Historians, and Transitional Justice Nanci Adler Part I: Truth and Justice Chapter 1: Swinging the Pendulum: Fin de Siècle Historians in the Courts Vladimir Petrović Chapter 2: Time, Justice and Human Rights: Statutory Limitation on the Right to Truth? William A. Schabas Chapter 3: How Truth Recovery Can Benefit from a Conditional Amnesty Jeremy Sarkin Chapter 4: New Epistemologies for Confronting International Crimes: Developing the IDP Approach to Transitional Justice Stephan Parmentier, Mina Rauschenbach, and Maarten van Craen Part II: The Trial Record Chapter 5: The Spark for Genocide? Propaganda and Historical Narratives at International Criminal Tribunals Richard Ashby Wilson Chapter 6: The International Criminal Trial Record as Historical Source Thijs B. Bouwknegt Part III: The Afterlife of Transitional Justice Processes Chapter 7: Narrating (In)Justice in the Form of a Reparation Claim: Bottom-up Reflections on a Post-Colonial Setting – The Rawagede Case Nicole L. Immler Chapter 8: Collective and Competitive Victimhood as Identity in the Former Yugoslavia Christian Axboe Nielsen Chapter 9: Perpetrator-Victims: How Universal Victimhood in Cambodia Impacts Transitional Justice Measures Timothy Williams Chapter 10: Collective Crimes, Collective Memory, and Transitional Justice in Bangladesh Kjell Anderson Acknowledgments Notes on Contributors Index
£32.40
Rutgers University Press Understanding the Age of Transitional Justice
Book SynopsisThe contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms. Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts and to provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones. Trade Review"Bringing together some of the most notable voices in the field, this volume moves away from the often narrow focus of other treatments of transitional justice—situating and evaluating the effect of accountability mechanisms within a larger social, cultural, and political context." -- Ronald Slye * coauthor of International Criminal Law and Its Enforcement *“This rich and interesting volume goes beyond the legal understanding of Transitional Justice in order to address the challenge of post-conflict societies. A valuable and important contribution to the current literature.” -- Elazar Barkan * Columbia University *"Chronicle of Higher Education weekly book list," by Nina C. Ayoub * Chronicle of Higher Education *"With an extraordinary and impressively informative body of seminal scholarship by experts in the subject of transitional justice that is unreservedly recommended for both community and academic library collections, it should be noted for the personal reading lists of students, academia, social activists, and non-specialist general readers with an interest in the subject that Understanding the Age of Transitional Justice is also available in a paperback edition and in a digital book format." * Midwest Book Review *Table of ContentsIntroduction: On History, Historians, and Transitional Justice Nanci Adler Part I: Truth and Justice Chapter 1: Swinging the Pendulum: Fin de Siècle Historians in the Courts Vladimir Petrović Chapter 2: Time, Justice and Human Rights: Statutory Limitation on the Right to Truth? William A. Schabas Chapter 3: How Truth Recovery Can Benefit from a Conditional Amnesty Jeremy Sarkin Chapter 4: New Epistemologies for Confronting International Crimes: Developing the IDP Approach to Transitional Justice Stephan Parmentier, Mina Rauschenbach, and Maarten van Craen Part II: The Trial Record Chapter 5: The Spark for Genocide? Propaganda and Historical Narratives at International Criminal Tribunals Richard Ashby Wilson Chapter 6: The International Criminal Trial Record as Historical Source Thijs B. Bouwknegt Part III: The Afterlife of Transitional Justice Processes Chapter 7: Narrating (In)Justice in the Form of a Reparation Claim: Bottom-up Reflections on a Post-Colonial Setting – The Rawagede Case Nicole L. Immler Chapter 8: Collective and Competitive Victimhood as Identity in the Former Yugoslavia Christian Axboe Nielsen Chapter 9: Perpetrator-Victims: How Universal Victimhood in Cambodia Impacts Transitional Justice Measures Timothy Williams Chapter 10: Collective Crimes, Collective Memory, and Transitional Justice in Bangladesh Kjell Anderson Acknowledgments Notes on Contributors Index
£105.40
Rutgers University Press Colonialism Is Crime
Book SynopsisThere is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. The consequences of this oppression and criminal victimization is perhaps the critical factor explaining why Indigenous people today are overrepresented as victims and offenders in the settler colonist criminal justice systems.Trade Review“The authors of Colonialism is Crime did an exceptional job of analyzing criminal acts within the context of contemporary standards of international law and human rights violations. I was immensely impressed with this book, and am confident that it will fill a major void in the criminological literature.” — Gary W. Potter, Eastern Kentucky University "This book adds a significant voice to the argument regarding colonization as crime and colonization as the root of injustice for Indigenous peoples. Importantly, it furthers the assertion that colonization is ongoing."— Cheryl Bennett, contributor to Crime and Social Justice in Indian CountryTable of ContentsForeword 1 Introduction: Crimes Against Indigenous Peoples, 1 2 Breaking and Bending the Law Historically, 45 3 Fraud, Theft, and the Trail of Broken Treaties, 71 4 Massacres to Murder: Violence Against Indigenous Peoples, 112 5 Institutionalized Torture and Pedophilia: Boarding Schools for Indigenous Children, 147 6 Conquest by Rape and Violence: Crimes against Indigenous Women, 193 7 The Conestoga Indians, Hate Crimes, and Domestic Terrorism, 245 8 Stolen Land to Stolen Oil: The Theft of Indigenous Political Economies, 275 9 Would You Drink This Water?: Crimes of Pollution and Toxic Dumping on Indigenous Lands, 301 10 Fighting Back: Colonial Settler Responsibilities and Indigenous Action, 333 Bibliography, 371 Index About the Authors
£26.09
Rutgers University Press Colonialism Is Crime Critical Issues in Crime and
Book SynopsisThere is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. In this book Nielsen and Robyn present an analysis of the relationship between these colonial crimes and their continuing criminal and socially injurious consequences that exist today.Trade Review“The authors of Colonialism is Crime did an exceptional job of analyzing criminal acts within the context of contemporary standards of international law and human rights violations. I was immensely impressed with this book, and am confident that it will fill a major void in the criminological literature.” -- Gary W. Potter * Eastern Kentucky University *"This book adds a significant voice to the argument regarding colonization as crime and colonization as the root of injustice for Indigenous peoples. Importantly, it furthers the assertion that colonization is ongoing." -- Cheryl Bennett * contributor to Crime and Social Justice in Indian Country *Table of ContentsForeword 1 Introduction: Crimes Against Indigenous Peoples, 1 2 Breaking and Bending the Law Historically, 45 3 Fraud, Theft, and the Trail of Broken Treaties, 71 4 Massacres to Murder: Violence Against Indigenous Peoples, 112 5 Institutionalized Torture and Pedophilia: Boarding Schools for Indigenous Children, 147 6 Conquest by Rape and Violence: Crimes against Indigenous Women, 193 7 The Conestoga Indians, Hate Crimes, and Domestic Terrorism, 245 8 Stolen Land to Stolen Oil: The Theft of Indigenous Political Economies, 275 9 Would You Drink This Water?: Crimes of Pollution and Toxic Dumping on Indigenous Lands, 301 10 Fighting Back: Colonial Settler Responsibilities and Indigenous Action, 333 Bibliography, 371 Index About the Authors
£105.40
New York University Press Global Justice Reform
Book SynopsisA rare comparative study of judicial systems throughout the world.Trade ReviewA valiant effort to foster understanding of perplexing reform questions of global justice and national judicial system. * Choice,highly recommended *This book is a greatly needed assessment of the methodologies used to study and implement justice reform. * Perspectives on Politicts *Global Justice Reform closes the gap between the grand designs of transitional restructuring espoused by the Washington Consensus and the reality of weak legal institutions in much of the developing world. It gives an edge to the comparative method by linking its mission to the most fundamental problems facing legal systems. -- Paul B. Stephan,Lewis F. Powell, Jr. Professor of Law, University of Virginia School of LawChodosh provides the compass to help us navigate the treacherous shoals of comparative law reform. Using insights gleaned from his expertise on both India and Indonesia, he proves the search for global justice is well worth the risk. -- Adrien Katherine Wing,Bessie Dutton Murray Professor of Law, University of IowaThe subject of Global Justice Reform could hardly be more important, or the author better equipped to address it. Integrating his theoretical work on comparative law with his extensive, on-the-ground experience with legal systems in India, Indonesia, the Mideast, and other developing areas, Hiram Chodosh provides a constructive program for clear thinking about the vital task of judicial reform throughout our shrinking world. -- Peter H. Schuck,Simeon E. Baldwin Professor of Law, Yale UniversityTable of ContentsContentsPreface part i: In Search of Methodology1 Introduction 2 The Comparative Method: Which Method?!? 3 Comparing Comparisons part ii: In Search of Justice Reform4 The Most Neglected Branch 5 Between Rocks and Hard Places 6 Emergence from the Dilemmas 7 Conclusion: The Prospects for a Comparative Methodology in Global Justice Reform Notes Bibliography Index About the Author
£51.30
New York University Press Women as Wartime Rapists Beyond Sensation and
Book SynopsisTrade ReviewSjoberg’s text will be of interest to anyone studying gender and violence in conflict as the assumptions the text challenges are relevant far beyond the consideration of women as wartime rapists. -- Journal of Intervention and StatebuildingWomen as Wartime Rapists is a compelling, provocative read. The book upends established orthodoxies and forces the reader to engage with new and compelling analysis on the critical importance, in theory and practice, of seeing women as perpetrators of wartime rape. Sjoberg takes no prisoners and provides analytical clarity and rare insight into this highly disputed terrain. Highly accessible, the book makes gender in war a tangible and visible phenomenon. This book does not take shortcuts; it is layered, logical and compelling. Laura Sjoberg deserves much credit for intellectual risk-taking unending common wisdom. -- Fionnuala Ni Aolain,co-author of On the Frontlines: Gender, War and the Post-Conflict ProcessIn this groundbreaking book, Sjoberg provides the first comprehensive account of women perpetrators of sexual violence in conflict. Sjobergs nuanced account not only breaks new ground theoretically but also provides a way forward for policy makers to better recognize how femininities along with masculinities perpetuate wartime sexual violence. This book transforms our understanding of sexual violence in conflict and is a must read for students, academics, lawyers, judges and gender justice advocates alike. -- Louise Chappell,author of The Politics of Gender Justice at the International Criminal Court
£66.60
New York University Press Moral Imperialism A Critical Anthology
Book SynopsisSets out to bring an international framework to the analysis to international and US legal, political and cultural crises. It explores the US's moral supremacy during a time of domestic shortcomings and asks whether insisting that other nations adhere to US norms may harm societies.Trade Review""Too much of the literature in human rights has been limited to a consideration of the detail of specific civil and political rights. This book breaks this pattern by introducing political, economic, social, and theoretical issues in a single volume. Moral Imperialism is an interesting and informative collection and should become part of any syllabus on the international protection of human rights."" * Law and Politics Book Review *Table of ContentsI Civil and Political Rights 1 Imperial Humanitarianism 2 Toward a Multicultural Conception of Human Rights 3 Orientalism Revisited in Asylum and Refugee Claims 4 Homophobia/Heterosexism in African Americans 5 Children and Right to a Fair Trial 6 Domestic and International Adoptions II Social, Cultural, and Economic Rights 7 Economic Globalization and the Redrawing of Citizenship 8 The Recognition of the Individual 9 Rerouting the Race to the Bottom? 10 Both Work and Violence 11 Policing the Boundaries of Truth in Narratives 12 Imperial Knowledge 13 U.S. Policy on "Female Genital Mutilation" 14 Bridging False Divides 15 Membership Denied 16 The Moral High Ground? 17 Indigenous Peoples' Human Rights in U.S. Courts 18 Climate Change, Opinions, and Imagination 19 Immigration, Poverty, and Transnationalism 20 Human Rights, Globalization, and Culture
£23.74
New York University Press Just Trade
Book SynopsisWhile modern trade law and human rights law constitute two of the most active spheres in international law, follow similar intellectual trajectories, and often feature the same key actors and arenas, neither field has actively engaged with the other. This book makes a case for reaching a middle-ground between these two fields.Trade Review"Although highly developed international regimes promoting free trade and advancing human rights are often mischaracterized as mutually incompatible, this excellent study clearly demonstrates their common normative and institutional foundations as well as the complementarity of their respective purposes. In its convincing argument, Just Trade invites us to celebrate and utilize the capacity of free trade and human rights to advance a common agenda." -- Thomas Franck,co-author of Law and Practice of the United Nations"Professors Powell and Hernandez-Truyol have proposed an ambitious effort to bridge longstanding differences between the business and human rights communities by incorporating human rights and environmental obligations in trade agreements. Their book offers a multitude of new ideas on how a middle ground could be achieved, reflecting the authors' understanding of trade agreements and the challenges of harnessing trade's worldwide power for the advancement of human rights. Whatever one's views on the feasibility of a & new covenant' linking trade and human rights, there is always value in a comprehensive, in-depth discussion of the issues involved. And one cannot help but be impressed by the authors' passionate commitment to constructing a new path forward and their understanding of international law." -- Warren H. Maruyama,Partner, Hogan & Hartson LLP (formerly General Counsel, US Trade Representative 2007-2009)"Hernandez-Truyol’s and Powell’s collective expertise has yielded a highly readable effort designed to end the trade regime’s ‘splendid isolation’ from the rest of international law, and especially human rights law. Their text, intended for classroom use, will do much to lessen the unfortunate disconnect between these legal sub-specialities. Theirs is not an idealistic diatribe against the WTO but an honest attempt to marry the undeniable legitimacy of the human rights ideal with the equally undeniable economic benefits of using the law to advance states’ comparative advantage. The authors’ manifold (and sometimes surprising) examples of the connections between the trade and human rights ‘borderlands’ yield prescriptions for a more humane and sustainable form of trade liberalization." -- Jose Alvarez,author of International Organizations as Law-makers"“The authors intend the book to be a catalyst for discussion and development of policy coherence in these two areas [trade rules and human rights]. They should be applauded for an ambitious, even courageous, foray into this minefield and for a carefully developed, thought-provoking presentation... As a labor rights practitioner, I found a number of these ideas thought-provoking." * Industrial and Labor Relations Review *"This work is an ambitious attempt to redefine the relationship between international trade law and the legal and moral principles of international human rights. . .an impressive book that constructs a noteworthy case regarding how trade and human rights law can be reconstituted so that they are largely coterminous and mutually supportive." * CHOICE *Table of ContentsAcknowledgments Acronyms Getting Started: A General Introduction 1 Global Concepts: International Law Primer 2 Pillars and Escape Hatches: Basic Concepts of International Trade Law in the Americas 3 Global Laws, Local Lives: Basic Concepts and Legal Regimes of Human Rights Law in the Americas 4 Splendid Isolation's Progeny: The Intersections of Trade and Human Rights 5 Who Belongs, Who Rules: Citizenship-Voice and Participation in the Global Marketplace 6 Ecosystem Degradation and Economic Growth: Trade's Unexploited Power to Improve Our Environment 7 Not Just a Question of Capital: Health and Human Well-Being 8 Exploitation or Progress? Terms and Conditions of Labor 9 Human Bondage: Trafficking 10 Bebel Redux: The Woman Question 11 First Peoples First: Indigenous Populations 12 From Excess to Despair: The Persistence of Poverty 13 Freedom from Famine and Fear: Democracy 14 Imperial Rules: Economic Sanctions 15 Recognizing Indivisibility, Bridging Divides: Visions and Solutions for the Future of the Trade and Human Rights Relationship Notes Index About the Authors
£62.90
New York University Press Women as Wartime Rapists Beyond Sensation and
Book SynopsisTrade ReviewSjoberg’s text will be of interest to anyone studying gender and violence in conflict as the assumptions the text challenges are relevant far beyond the consideration of women as wartime rapists. -- Journal of Intervention and StatebuildingWomen as Wartime Rapists is a compelling, provocative read. The book upends established orthodoxies and forces the reader to engage with new and compelling analysis on the critical importance, in theory and practice, of seeing women as perpetrators of wartime rape. Sjoberg takes no prisoners and provides analytical clarity and rare insight into this highly disputed terrain. Highly accessible, the book makes gender in war a tangible and visible phenomenon. This book does not take shortcuts; it is layered, logical and compelling. Laura Sjoberg deserves much credit for intellectual risk-taking unending common wisdom. -- Fionnuala Ni Aolain,co-author of On the Frontlines: Gender, War and the Post-Conflict ProcessIn this groundbreaking book, Sjoberg provides the first comprehensive account of women perpetrators of sexual violence in conflict. Sjobergs nuanced account not only breaks new ground theoretically but also provides a way forward for policy makers to better recognize how femininities along with masculinities perpetuate wartime sexual violence. This book transforms our understanding of sexual violence in conflict and is a must read for students, academics, lawyers, judges and gender justice advocates alike. -- Louise Chappell,author of The Politics of Gender Justice at the International Criminal Court
£23.74
New York University Press Just Trade A New Covenant Linking Trade and
Book SynopsisWhile modern trade law and human rights law constitute two of the most active spheres in international law, follow similar intellectual trajectories, and often feature the same key actors and arenas, neither field has actively engaged with the other. This book makes a case for reaching a middle-ground between these two fields.Trade ReviewAlthough highly developed international regimes promoting free trade and advancing human rights are often mischaracterized as mutually incompatible, this excellent study clearly demonstrates their common normative and institutional foundations as well as the complementarity of their respective purposes. In its convincing argument, Just Trade invites us to celebrate and utilize the capacity of free trade and human rights to advance a common agenda. -- Thomas Franck,co-author of Law and Practice of the United NationsProfessors Powell and Hernandez-Truyol have proposed an ambitious effort to bridge longstanding differences between the business and human rights communities by incorporating human rights and environmental obligations in trade agreements. Their book offers a multitude of new ideas on how a middle ground could be achieved, reflecting the authors' understanding of trade agreements and the challenges of harnessing trade's worldwide power for the advancement of human rights. Whatever one's views on the feasibility of a & new covenant' linking trade and human rights, there is always value in a comprehensive, in-depth discussion of the issues involved. And one cannot help but be impressed by the authors' passionate commitment to constructing a new path forward and their understanding of international law. -- Warren H. Maruyama,Partner, Hogan & Hartson LLP (formerly General Counsel, US Trade Representative 2007-2009)Hernandez-Truyol’s and Powell’s collective expertise has yielded a highly readable effort designed to end the trade regime’s ‘splendid isolation’ from the rest of international law, and especially human rights law. Their text, intended for classroom use, will do much to lessen the unfortunate disconnect between these legal sub-specialities. Theirs is not an idealistic diatribe against the WTO but an honest attempt to marry the undeniable legitimacy of the human rights ideal with the equally undeniable economic benefits of using the law to advance states’ comparative advantage. The authors’ manifold (and sometimes surprising) examples of the connections between the trade and human rights ‘borderlands’ yield prescriptions for a more humane and sustainable form of trade liberalization. -- Jose Alvarez,author of International Organizations as Law-makers“The authors intend the book to be a catalyst for discussion and development of policy coherence in these two areas [trade rules and human rights]. They should be applauded for an ambitious, even courageous, foray into this minefield and for a carefully developed, thought-provoking presentation... As a labor rights practitioner, I found a number of these ideas thought-provoking. * Industrial and Labor Relations Review *This work is an ambitious attempt to redefine the relationship between international trade law and the legal and moral principles of international human rights. . .an impressive book that constructs a noteworthy case regarding how trade and human rights law can be reconstituted so that they are largely coterminous and mutually supportive. * CHOICE *Table of ContentsAcknowledgments Acronyms Getting Started: A General Introduction 1 Global Concepts: International Law Primer 2 Pillars and Escape Hatches: Basic Concepts of International Trade Law in the Americas 3 Global Laws, Local Lives: Basic Concepts and Legal Regimes of Human Rights Law in the Americas 4 Splendid Isolation's Progeny: The Intersections of Trade and Human Rights 5 Who Belongs, Who Rules: Citizenship-Voice and Participation in the Global Marketplace 6 Ecosystem Degradation and Economic Growth: Trade's Unexploited Power to Improve Our Environment 7 Not Just a Question of Capital: Health and Human Well-Being 8 Exploitation or Progress? Terms and Conditions of Labor 9 Human Bondage: Trafficking 10 Bebel Redux: The Woman Question 11 First Peoples First: Indigenous Populations 12 From Excess to Despair: The Persistence of Poverty 13 Freedom from Famine and Fear: Democracy 14 Imperial Rules: Economic Sanctions 15 Recognizing Indivisibility, Bridging Divides: Visions and Solutions for the Future of the Trade and Human Rights Relationship Notes Index About the Authors
£23.74
New York University Press Holocaust Restitution Perspectives on the
Book SynopsisBrings together the viewpoints of protagonists in the Holocaust restitution drama, from lawyers and diplomats to Holocaust survivors and historians. This work examines the key aspects of Holocaust litigation, including claims involving bank assets, slave labor, insurance, and looted art.Trade Review"Holocaust Restitution compiles a group of essays from leading authorities and participants in the Holocaust restitution movement. This book gathers different voices from across the Holocaust restitution movement and does an ex post facto review of the litigation. Holocaust Restitution presents an up-to-date analysis of the Holocaust restitution movement and presents the drama of Holocaust restitution from the perspective of almost all the major players, including plaintiff counsel, defense counsel, judges, diplomats, administrators, corporate defendants, and Jewish representatives. It also includes outside viewpoints from respected commentators, including historians, academics, and Holocaust survivors. It is remarkably comprehensive, does not shy away from controversy, and thoughtfully reflects on the Holocaust and its implications for future international human rights adjudication." * Stanford Journal of International Law *"An invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all victims." -- Israel W. Charny,President, International Association of Genocide Scholars"Bazyler and Alford have produced an essential tool for understanding the righteous struggle to win restitution for Holocaust victims and their heirs." -- Richard Z. Chesnoff,author of Pack of Thieves: How Hitler and Europe Plundered the Jews and Committed the Greatest Theft in History"This excellent volume makes a significant contribution both to legal studies and to the history of the Holocaust. The editors deserve special praise for including chapters by Holocaust survivors, assuring that their often-forgotten voices are not lost within the great debate about Holocaust restitution." -- Marilyn J. Harran,Stern Chair in Holocaust History, Chapman University"This unique collection is important in bringing together the perspectives of legal practitioners, activists, archivists and historians, negotiators, and survivors. It is remarkably comprehensive. . . . The editors have not shied away from controversy." -- David Cesarani,Research Professor in History, Royal Holloway, University of LondonTable of ContentsAcknowledgments Holocaust Restitution Timeline IntroductionPart I: OverviewPart II: The Bank Litigation Part III: The Slave Labor Litigation Part IV: The Insurance Litigation Part V: The Looted Art Litigation Part VI: The Litigation's Legacy About the Contributors Index About the Editors
£23.74
MP-SYR Syracuse University P Pragmatism in Islamic Law A Social and
Book SynopsisPresents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. In examining over a thousand cases from three seventeenth- and eighteenth century Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans.Trade ReviewThe author examines a vitally important, if little studied, development in Islamic jurisprudential theory and substantive law. . . . Ibrahim forces us to question some of the more popular academic conceptions about Islamic law in history and its evolution in modern centuries."" - Reem Meshal, associate professor of Islamic Studies, Louisiana State University.""Ibrahim’s impressive and rich book is—and surely will remain in the foreseeable future—the most comprehensive study on tatabbu? al-kukhas, talfiq, and takhayyur, different manifestations of what Ibrahim calls ‘pragmatic eclecticism,’ from the thirteenth century to the Arab spring."" - Journal of the Ottoman and Turkish Studies Association
£22.46
Duke University Press Cold War Ruins
Book SynopsisLisa Yoneyama argues that the efforts intensifying since the 1990s to bring justice to the victims of Japanese military and colonial violence have generated what she calls a "transborder redress culture" that has the potential to bring powerful challenging perspectives on American exceptionalism, militarized security, justice, sovereignty, forgiveness, and decolonization.Trade Review"Yoneyama critically analyses the normative discourses surrounding Japanese wartime criminality and exposes how the Cold War power relations between Japan and the US continue to influence the terms in which international redress culture is enacted. The book offers a highly critical dissection of the political sensitivities of the post-Cold War era in the Japanese context. . . ." -- Teemu Laulainen * LSE Review of Books *"Readers interested in geopolitical spheres beyond Asia Pacific should find Yoneyama’s approach to transnational cultural critique useful in exposing institutionalized forgetting in a wide variety of situations.... Given the metastasizing violence throughout the post-9/11 world, we can only hope that the methodologies and commitment to unflinching critical analysis evident in Cold War Ruins will find a wide audience." -- Geoffrey White * American Ethnologist *"At a time when no single narrative can now monopolize the 'truth,' a global memory culture is coalescing around a human rights discourse that also monopolizes its own 'truth' originating in the West. Yoneyama's work is a valuable reminder that a multilayered perspective is crucial to discerning the political exploitation of such a paradigm as well." -- Akiko Hashimoto * Monumenta Nipponica *“Tracking ruins across the longue durée of the twentieth century, this impressive study explores the historical forces that have delimited the possibilities for justice for survivors of colonial and military violence in Asia and the Pacific. . . . The methodological and analytical depth of Cold War Ruins provides an exemplary transnational approach to the study of historical justice, which should appeal broadly to researchers and graduate students.” -- Wendy Kozol * Journal of American History *“Cold War Ruins is an innovative and provocative work. It contextualizes and builds connections between a host of thorny issues often receiving separate treatment. . . . A book filled with new questions and fresh answers about facing the past.” -- Dayna Barnes * Journal of American-East Asian Relations *"Cold War Ruins takes readers beyond polities, geographies, histories, spaces, and times: a book of rare interdisciplinarity and range. Yoneyama has completed a work of fierce advocacy, abstract reasoning, and historical merit. . . . Yoneyama’s most important contribution is connecting post-war Occupation policies to the myth of US exceptionalism . . . The reader is left painfully aware of justice’s ephemerality, yet inspired by human resilience." -- James Burnham Sedgwick * Pacific Affairs *Table of ContentsPreface vii Introduction. Transpacific Cold War Formations and the Question of (Un)Redressability 1 Part I. Space of Occupation 1. Liminal Justice: Okinawa 43 2. Liberation under Siege: Japanese Women 81 Part II. Transnational Memory Borders 3. Sovereignty, Apology, Forgiveness: Revisionisms 111 4. Contagious Justice: Asian/America 147 5. Complicit Amnesia: For Transformative Knowledge 177 Epilogue 203 Acknowledgments 215 Notes 225 Bibliography 285 Index 307
£98.60
Duke University Press Cold War Ruins
Book SynopsisLisa Yoneyama argues that the efforts intensifying since the 1990s to bring justice to the victims of Japanese military and colonial violence have generated what she calls a "transborder redress culture" that has the potential to bring powerful challenging perspectives on American exceptionalism, militarized security, justice, sovereignty, forgiveness, and decolonization.Trade Review"Yoneyama critically analyses the normative discourses surrounding Japanese wartime criminality and exposes how the Cold War power relations between Japan and the US continue to influence the terms in which international redress culture is enacted. The book offers a highly critical dissection of the political sensitivities of the post-Cold War era in the Japanese context. . . ." -- Teemu Laulainen * LSE Review of Books *"Readers interested in geopolitical spheres beyond Asia Pacific should find Yoneyama’s approach to transnational cultural critique useful in exposing institutionalized forgetting in a wide variety of situations.... Given the metastasizing violence throughout the post-9/11 world, we can only hope that the methodologies and commitment to unflinching critical analysis evident in Cold War Ruins will find a wide audience." -- Geoffrey White * American Ethnologist *"At a time when no single narrative can now monopolize the 'truth,' a global memory culture is coalescing around a human rights discourse that also monopolizes its own 'truth' originating in the West. Yoneyama's work is a valuable reminder that a multilayered perspective is crucial to discerning the political exploitation of such a paradigm as well." -- Akiko Hashimoto * Monumenta Nipponica *“Tracking ruins across the longue durée of the twentieth century, this impressive study explores the historical forces that have delimited the possibilities for justice for survivors of colonial and military violence in Asia and the Pacific. . . . The methodological and analytical depth of Cold War Ruins provides an exemplary transnational approach to the study of historical justice, which should appeal broadly to researchers and graduate students.” -- Wendy Kozol * Journal of American History *“Cold War Ruins is an innovative and provocative work. It contextualizes and builds connections between a host of thorny issues often receiving separate treatment. . . . A book filled with new questions and fresh answers about facing the past.” -- Dayna Barnes * Journal of American-East Asian Relations *"Cold War Ruins takes readers beyond polities, geographies, histories, spaces, and times: a book of rare interdisciplinarity and range. Yoneyama has completed a work of fierce advocacy, abstract reasoning, and historical merit. . . . Yoneyama’s most important contribution is connecting post-war Occupation policies to the myth of US exceptionalism . . . The reader is left painfully aware of justice’s ephemerality, yet inspired by human resilience." -- James Burnham Sedgwick * Pacific Affairs *Table of ContentsPreface vii Introduction. Transpacific Cold War Formations and the Question of (Un)Redressability 1 Part I. Space of Occupation 1. Liminal Justice: Okinawa 43 2. Liberation under Siege: Japanese Women 81 Part II. Transnational Memory Borders 3. Sovereignty, Apology, Forgiveness: Revisionisms 111 4. Contagious Justice: Asian/America 147 5. Complicit Amnesia: For Transformative Knowledge 177 Epilogue 203 Acknowledgments 215 Notes 225 Bibliography 285 Index 307
£25.19
Edward Elgar Publishing Ltd Research Handbook on International Refugee Law
Book SynopsisThis Research Handbook maintains that refugees need to be seen as core indicators of the failure of national, international, economic, and political governance, and provides critical analyses of the legal ordering of refugees, giving a glimpse at what the future of refugee law could – and should – look like.Trade Review'...he has also brought into the Handbook new issues and debates that have arisen in the context of the changing politics around refugees. The book brings to the forefront the clear uncertainty surrounding many of the issues. I found the book compelling and engaging... the topics examined in the Handbook are interesting,and the Handbook is a useful reference tool or introduction to specific topics, issues and debates. The book will benefit academic researchers, postgraduate students, government officials, practising lawyers and lawyers who work in policy. I would recommend this book as a useful guide for the ongoing process of challenging and rethinking refugee law as a whole.' -- Nandi Rayner, South African Law JournalTable of ContentsContents: Preface Part I Refugees, Displaced Persons & the rise of Temporary Protection 1. At the Crossroads: The 1951 Convention Today Julian Lehman 2. The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa Tamara Wood 3. Internally Displaced Persons Bríd Ní Ghráinne 4. In-Country Programs Claire Higgins 5. Temporary Protection of Forced Migrants Meltem Ineli-Ciger Part II Burden-sharing, Internal Relocation & the shift to Cooperation Agreements 6. Burden-Sharing in Refugee Law Eddie Bruce-Jones 7. The Rise of Consensual Containment Giuffre and Moreno-Lax 8. Responsibility-Sharing in Latin America Stefania Barichello 9. The Internal Protection Alternative and its Relation to Refugee Status Jessica Schultz 10. Gatekeepers of Asylum Satvinder Juss and Jeni Mitchell 11. International Models of Deterrence and the Future of Access to Asylum Nikolas Feith Tan Part III Non-Refoulement of Refugees and their Non-Penalisation 12. What is the Future of Non-Refoulement in International Refugee Law? James Simeon 13. Constructive Refoulement Pene Mathew 14. The Prosecution of Asylum-Seekers Yewa Holiday 15. Australia & the Refugee Convention. Savitri Taylor Part IV Family Re-Union, Gender Discrimination, Gay Rights, Human Trafficking and Climate Refugees 16. The Rights to Refugee Family Reunion Emily Darling 17. The Art of Drawing Lines Janna Wessels 18. The Rights of Women Seeking Asylum Nora Honkala 19. Sexual Orientation and Refugee law Tawseef Khan 20. Human Trafficking and Refugee Law Vladislava Stoyanova 21. Climate Refugees and the 1951 Convention Matthew Scott Part V The Exclusion and Rejection of Refugees 22. New Directions in Article 1D Jurisprudence Kate Ogg 23. The War on Terror and Refugee Law Sarah Singer 24. The Exclusion Clauses in Refugee Law Joseph Rikhoff 25. The Removal of Undesirable Asylum Seekers Joris Wijk and Maarten Bolhuis 26. Reviewing Review Rowena Moffatt Index
£203.00
Edward Elgar Publishing Ltd Modern Perspectives on Islamic Law
Book SynopsisThis well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general.Trade ReviewAn excellent introduction to the most significant institutions, procedures and substantive areas of Islamic law, and to selected problems in applying that law. --Mark D. Welton, Middle East JournalTable of ContentsContents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue Index
£110.00
Edward Elgar Publishing Ltd Sovereign Finance and the Poverty of Nations
Book SynopsisThis important and timely book explains the legal principles and politics involved in the issue of odious debts, and sovereign debt arrangements more generally.Trade ReviewThis book provides a very valuable contribution to the discussion about odious debts in that it, quite successfully, structures the often rather elusive argumentation. By developing a new and stringent approach to the emergence of a valid legal concept of odious debts, the author presents a fresh perspective to its underlying evaluations and allows, thus, a re-consideration of the need for effective rules in this context. This book will certainly influence fundamentally the future debate of odious debts. - Christoph G. Paulus, Humboldt-Universitat zu Berlin, Germany Whenever a strict application of the law produces a result that is at variance with a general sense of what is morally right, trouble is surely in the offing. This is the central thesis of Yvonne Wong's Sovereign Finance and the Poverty of Nations. When is it legally permissible, when is it ethically acceptable, for a sovereign borrower to disavow a debt incurred in the name of the sovereign state, but not for its (or its citizens') benefit? And if debts incurred by unscrupulous politicians in one era can be disowned by their successors later on under gauzy notions of ''illegitimacy'' or ''odiousness'', what will prevent future unscrupulous politicians from casually dishonoring sovereign obligations that they would just prefer not to pay? These are deep waters, legally and morally. Wong has given us a fascinating insight into one of the most disquieting issues in international financial law. - Lee C. Buchheit, Cleary Gottlieb Steen & Hamilton LLP, US Saddam Hussein was overthrown and executed, but his successors to power are still liable for the debts that he contracted for the nation. Odious regimes can create debts without consent or benefit of their citizens who must subsequently repay them. This fact puzzles both international law specialists and intellectuals who read magazines like The Economist. The result seems wrong, but the right solution is elusive. Yvonne Wong's important and timely book solves some of the puzzles by using methods and theories from international law, economics, and political science. It explains the law and politics inherent in sovereign debt arrangements, and proposes a new legal framework for odious debt. - From the foreword by Robert Cooter Yvonne Wong's book is one of the best treatments of the Odious Debt problem in the literature. It is thorough, balanced and yet manages to be creative. I have already used an early version in my International Debt class and the discussions that were generated were excellent. For anyone seeking to tackle this age old problem, I highly recommend this book. - Mitu Gulati, Duke University, US With some excellent historical research and important analysis of ''odious debt'' accumulation and sovereign debt restructuring mechanisms in modern times, this book is placing the issue of ''odious debt'' at the heart of International law. Thus, it will prove an indispensable companion to any scholar or policy-maker who wishes to gain a multi-prismatic understanding of ''odious debt'' illegality and its implications for the welfare of entire nations. --- Emilios Avgouleas, University of Edinburgh, UKTable of ContentsContents: Foreword by Robert Cooter Introduction 1. The Odious Debts Doctrine: An Overview 2. Sovereign Debt and its Legal Framework 3. History of Sovereign Debt 4. Sovereign Debt and the Poverty of Nations 5. A New Era for International Finance 6. Justifications for a Law Banning Odious Debts 7. Current Ideas for How the Odious Debts Doctrine Could Apply in Practice 8. The New Approach Odious Debts Doctrine (NAODD) 9. Concluding Remark Index
£87.00
Edward Elgar Publishing Ltd Cultural Heritage Law
Book SynopsisThis comprehensive collection of leading articles spans a broad range of international legal issues related to both tangible cultural material – such as archaeological and indigenous objects, fine art, shipwrecks, and cultural sites – and intangible heritage such as traditional knowledge and genetic information.Table of ContentsContents: Acknowledgements Introduction James A.R. Nafziger PART I DEFINITIONS AND FOUNDATIONS 1. Lyndel V. Prott and Patrick J. O’Keefe (1992), ‘“Cultural Heritage” or “Cultural Property”?’ 2. Janet Blake (2000), ‘On Defining the Cultural Heritage’ 3. Ricardo J. Elia (1997), ‘Looting, Collecting, and the Destruction of Archaeological Resources’ 4. Clemency Coggins (1969), ‘Illicit Traffic of Pre-Columbian Antiquities’ 5. Rosemary J. Coombe (1993), ‘The Properties of Culture and the Politics of Possessing Identity: Native Claims in the Cultural Appropriation Controversy’ 6. Kwame Anthony Appiah (2006), ‘Whose Culture Is It?’ PART II Control Structures in Family Firms A. Public International Law 1. Objects and Sites 7. John Henry Merryman (1986), ‘Two Ways of Thinking About Cultural Property’ 8. Lyndel V. Prott (2005), ‘The International Movement of Cultural Objects’ 9. Folarin Shyllon (2000-2), ‘The Recovery of Cultural Objects by African States through the UNESCO and UNIDROIT Conventions and the Role of Arbitration’ 10. Sabine von Schorlemer (2008), ‘Compliance with the UNESCO World Heritage Convention: Reflections on the Elbe Valley and the Dresden Waldschlösschen Bridge’ 11. Natasha A. Affolder (2009), ‘The Private Life of International Treaties’ 12. Tullio Scovazzi (2001), ‘The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage’ 13. Craig Forrest (2002), ‘A New International Regime for the Protection of Underwater Cultural Heritage’ 14. James A.R. Nafziger (2003), ‘The Evolving Role of Admiralty Courts in Litigation Related to Historic Wreck’ 15. Francesco Francioni and Federico Lenzerini (2003), ‘The Destruction of the Buddhas of Bamiyan and International Law’ 16. Mary E. Footer and Christoph Beat Graber (2000), ‘Trade Liberalization and Cultural Policy’ 2. Intangible Heritage 17. Robert K. Paterson and Dennis S. Karjala (2003-04), ‘Looking Beyond Intellectual Property in Resolving Protection of the Intangible Cultural Heritage of Indigenous Peoples’ 18. James D. Nason and Joakim Peter (2009), ‘Keeping Rong from Wrong: The Identification and Protection of Traditional Intellectual Property in Chuuk, Federated States of Micronesia’ 19. Lisa M. Elliott (2009), ‘Property Rights of Ancient DNA: The Impact of Cultural Importance on the Ownership of Genetic Information’ B. Private International Law 20. Paul M. Bator (1982), ‘An Essay on the International Trade in Art’ 21. Patricia Youngblood Reyhan (2001), ‘A Chaotic Palette: Conflict of Laws in Litigation Between Original Owners and Good-Faith Purchasers of Stolen Art’ 22. Kurt Siehr (2008), ‘Commercial Transactions and the Forfeiture of State Immunity Under Private International Law’ C. Market regulation 23. Patty Gerstenblith (2007), ‘Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past’ PART III DISPUTE RESOLUTION 24. Norman Palmer (2000), ‘Museums and the Holocaust: The Futility of Litigation’ 25. Lawrence M. Kaye (2006), ‘Avoidance and Resolution of Cultural Heritage Disputes: Recovery of Art Looted During the Holocaust’ 26. Alan Scott Rau (1999), ‘Mediation in Art-Related Disputes’
£384.00
Edward Elgar Publishing Ltd International Handbook on the Economics of
Book SynopsisA companion volume to the International Handbook on the Economics of Corruption published in 2006, the specially commissioned papers in Volume Two present some of the best policy-oriented research in the field.Trade Review’Volume Two of the International Handbook on the Economics of Corruption presents a comprehensive, detailed, and in-depth analysis of corruption as well as its economic and policy implications. . . It will be a valuable resource not only for experts and students of corruption studies, but also for public officials, NGO employees, and scholars of economic and political development throughout the world.’ -- Ararat L. Osipian, Journal of Economic IssuesTable of ContentsContents: Introduction Susan Rose-Ackerman and Tina Søreide PART I: GENERAL OVERVIEWS 1. Corruption and Sustainable Development Toke S. Aidt 2. Curbing Corruption with Political Institutions Joshua D. Potter and Margit Tavits PART II: PROCUREMENT AND CORRUPTION 3. Delusion, Deception and Corruption in Major Infrastructure Projects: Causes, Consequences and Cures Bent Flyvbjerg and Eamonn Molloy 4. Corruption and Collusion: Strategic Complements in Procurement Ariane Lambert-Mogiliansky 5. A Fighting Chance Against Corruption in Public Procurement? Gustavo Piga PART III: PRIVATIZATION AND SELF-DEALING IN PRIVATE FIRMS 6. Public versus Private Governance and Performance: Evidence from Public Utility Service Provision Maria Vagliasindi 7. Privatization of Rent-Generating Industries and Corruption Emmanuelle Auriol and Stéphane Straub 8. Risks of Wrongdoing in Public Companies and Ways to Cope with Them: The Case of Brazil Dante Mendes Aldrighi PART IV: PUBLIC UTILITY REGULATION 9. Anti-Corruption Policy in Theories of Sector Regulation Antonio Estache and Liam Wren-Lewis 10. Is There an Anti-corruption Agenda in Regulation? Insights from Colombian and Zambian Water Regulation Frédéric Boehm PART V: MICRO-ANALYTIC RESEARCH: HOUSEHOLD AND FIRMS 11. Field Experimentation and the Study of Corruption Leonid V. Peisakhin 12. Oil, Corruption, and Vote-buying: A Review of the Case of São Tomé and Príncipe Pedro C. Vicente 13. Conflict and Corruption in International Trade: Who Helped Iraq Circumvent United Nations Sanctions? Yujin Jeong and Robert J. Weiner 14. Evidence from the Firm: A New Approach to Understanding Corruption Shawn Cole and Anh Tran 15. Does Respondent Reticence Affect the Results of Corruption Surveys? Evidence from the World Bank Enterprise Survey for Nigeria Bianca Clausen, Aart Kraay and Peter Murrell PART VI: POLICY INITIATIVES: CRITIQUES AND EVALUATIONS 16. On Best and Not So Good Practices for Addressing High-level Corruption Worldwide: An Empirical Assessment Edgardo Buscaglia 17. Why Multi-Stakeholder Groups Succeed and Fail Rory Truex and Tina Søreide 18. ‘Red Flags of Corruption’ in World Bank Projects: An Analysis of Infrastructure Contracts Charles Kenny and Maria Musatova 19. Anti-Corruption Authorities: An Effective Tool to Curb Corruption? Francesca Recanatini Index
£45.55
Edward Elgar Publishing Ltd Handbook of Research on International Consumer
Book SynopsisConsumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies.Trade Review‘The Handbook of Research on International Consumer Law is one of an extensive series of “Handbooks of Research” published by Edward Elgar. This volume is a very welcome addition to the series, and offers consumer and commercial law scholars much useful material and comment. One of its many attractions is the wide range of topics covered in its 18 chapters. . . the Handbook of Research on International Consumer Law is an excellent addition to any library. It is particularly useful as a teaching resource, as well as a first port of call for the latest academic research in the field.’ -- Gillian Black, The Edinburgh Law Review‘This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today’s consumer law are presented to the reader, including developing countries - a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such “bread and butter areas” as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like “services of general internet” where consumers and private users should enjoy equal access to “universal services”, with the “internet” where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from “investor protection” to “investor confidence”. A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis!’ -- Norbert Reich, University of Bremen, Germany‘This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world.’ -- Stephen Weatherill, University of Oxford, UKTable of ContentsContents: Preface 1. Consumer Law in its International Dimension Geraint Howells, Iain Ramsay and Thomas Wilhelmsson 2. Consumer Protection and Human Rights Iris Benöhr and Hans-W. Micklitz 3. Development and Consumer Law Sothi Rachagan 4. The Consumer and Competition Law Angus MacCulloch 5. Misleading and Unfair Advertising James P. Nehf 6. Protecting Rational Choice: Information and the Right of Withdrawal Christian Twigg-Flesner and Reiner Schulze 7. Unfair Terms and Standard Form Contracts Thomas Wilhelmsson and Chris Willett 8. Sales and Guarantees Cynthia Hawes and Christian Twigg-Flesner 9. Products Liability Law in America and Europe Geraint Howells and David G. Owen 10. Product Safety Regulation Luke Nottage 11. Consumers and Services of General Interest Peter Rott and Chris Willett 12. Consumer Protection and the Internet Patrick Quirk and John A. Rothchild 13. Regulation of Consumer Credit Iain Ramsay 14. Personal Insolvency Johanna Niemi 15. Financial Services Regulation and the Investor as Consumer Dimity Kingsford Smith 16. Individual Consumer Redress Peter Spiller and Kate Tokeley 17. Using Class Actions to Enforce Consumer Protection Law Deborah R. Hensler 18. Enforcing Consumer Protection Laws Colin Scott Index
£58.85
Edward Elgar Publishing Ltd Encyclopedia of Law and Development
Book SynopsisTrade Review’The full realization of the right to development is still a long quest for the international community. This unique and pioneering Encyclopedia reveals and deconstructs the power of law in achieving development in its economic, social, cultural, environmental and political dimensions. De Feyter, Türkelli and de Moerloose have concocted a masterpiece that highlights how lawyers can contribute to the welfare of the developing world as much as Amartya Sen. -- - Makane Moïse Mbengue, University of Geneva, Switzerland and SciencesPo Law School, FranceTable of ContentsContents: 1. Future of Law and Development Research: An Introduction to the Encyclopedia of Law and Development 1 Koen de Feyter, Gamze Erdem Türkelli and Stéphanie de Moerloose 2. Academy and Law and Development: The United States and Beyond 4 David M. Trubek 3. Actors and Instruments 8 Philipp Dann and Michael Riegner 4. Approaches to Law and Development 11 Liliana Lizarazo-Rodríguez 5. Armed Conflict 16 Ajla Škrbić 6. Biodiversity 20 Christine Frison 7. Cities 24 Urmila Soni (Govindjee) 8. Civil Society 28 Ada Ordor 9. Climate 32 Justine Bendel 10. Common but Differentiated Responsibility 36 Amita Punj 11. Common Heritage of Mankind 40 Alberto Pecoraro 12. Comparative Law 44 Diego A. Dolabjian 13. Corruption 47 Martin Skladany 14. Courts 51 Octávio Luiz Motta Ferraz 15. Cultural Heritage 55 Alessandra Asteriti 16. Decent Work 59 Avinash Govindjee and Thando Qotoyi 17. Democracy 64 Daniel Mathew 18. Duty to Cooperate 68 Julien Dellaux 19. Education 72 Joanna Botha 20. Enabling International Environment 76 Celine Tan 21. Energy 80 Ignacio Sabbatella 22. Extraterritorial Human Rights Obligations 84 Arne Vandenbogaerde 23. Financing for Development 87 Siobhán Airey 24. Future Generations 91 Julien Dellaux 25. Gender Equality 95 Joanna Botha with Glancina Mokone 26. Global Governance 99 Ikboljon Qoraboyev 27. Good Governance 104 Morag Goodwin 28. Growth and De-growth 108 Wouter Vandenhole 29. Health 110 Avinash Govindjee and Mayowa Ajigboye 30. Human Rights 114 Wouter Vandenhole 31. Humanitarian Crisis 118 Deborah Casalin 32. Hunger 121 Amita Punj 33. Imperialism 124 Nadia Latif 34. Indigenous Peoples 128 Felix Mukwiza Ndahinda 35. Industry and Infrastructure 131 Kinnari Bhatt 36. Inequality 135 Mikaela Heikkilä and Maija Mustaniemi-Laakso 37. Intellectual Property Rights 139 Titilayo Adebola 38. International Commodity Agreements 143 Michael Fakhri 39. International Financial Regulation and Sustainable Finance 147 Jeremmy Okonjo 40. International Law 151 Yusra Suedi 41. International Solidarity 154 Obiora Chinedu Okafor 42. International Trade Law 158 Rafael Lima Sakr 43. Investor 163 Nitish Monebhurrun 44. Law and Development Experts 166 Deval Desai 45. Law, Finance and Development 169 Andreia Costa Vieira 46. Law of Foreign Investment 173 Mavluda Sattorova 47. Law, Race and Development 177 Foluke Adebisi 48. Legal Pluralism 181 Helga María Lell 49. Life below Water 184 Patrick H.G. Vrancken 50. Local Authorities 187 Paul Stacey 51. Migration 191 Lila García 52. Mother Earth 195 Leonardo Villafuerte Philippsborn 53. Multilateral Development Banks 198 Philipp Dann and Thomas Dollmaier 54. Multistakeholderism 202 Gamze Erdem Türkelli 55. National Policy Space 207 Celine Tan 56. Natural Resources 211 Julia Dehm 57. Official Development Assistance 216 Siobhán Airey 58. Parliaments 220 Philipp Dann and Michael Riegner 59. Peace, Justice and Strong Institutions 224 Ntemesha Maseka 60. Philanthropic Institutions 228 Amaka Vanni 61. Planetary Boundaries 232 Vincent Bellinkx 62. Poverty 236 Lilla Crouse 63. Public Administration 240 Yong-Shik Lee 64. Regulating Multinational Corporations 243 Daria Davitti 65. Resistance 246 Giedre Jokubauskaite 66. Right to Development 249 Julie Gibson 67. Rights of Nature 253 María Valeria Berros 68. Rule of Law 256 Juan Bautista Etcheverry 69. Security 260 Anna-Liisa Heusala 70. Social Protection 264 Markus Kaltenborn 71. South-South and Triangular Cooperation 268 Raquel de Mattos Pimenta, Lívia Gil Guimarães and Diogo R. Coutinho 72. Sovereign Debt 271 Liliana Lizarazo-Rodríguez 73. Sovereignty 276 Koen de Feyter 74. Sustainability 279 Stéphanie de Moerloose 75. Tax and Development 283 Attiya Waris 76. Terrorism 287 Martin Scheinin 77. Traditional Authorities 291 Janine Ubink 78. Transfer of Technology 294 Vitor Henrique Pinto Ido, Sheila C. Neder Cerezetti and Juliana Krueger Pela 79. Transitional Justice 298 Jeannette Francesca Rodgers 80. United Nations 301 Michael Riegner 81. Water and Sanitation 305 Devanshi Saxena Index 309
£46.50
Edward Elgar Publishing Ltd Dispute Settlement and the Reform of
Book SynopsisTrade Review‘Dr Yu’s use of “constructivism” as the starting point to reform international investment law is a breath of fresh air in the sea of troubleshooting literature. Whether or not one shares her optimism that a currently divided field of study can one day bear witness to the institutionalization of shared understandings and values, Dr Yu’s cross-disciplinary approach has much to commend it. Thoroughly researched and deftly written, this book will appeal to a broad spectrum of stakeholders in international investment law.’ -- Jean Ho, National University of Singapore, Singapore‘Dr Chen Yu’s book presents a timely, innovative and thought-provoking study on the cutting-edge issue of dispute settlement and reform of international investment law through legalization theory. With its rich theoretical and empirical contents, this book represents a major contribution to contemporary international economic law.’ -- Manjiao Chi, University of International Business and Economics, ChinaTable of ContentsContents: 1. Introduction: legitimacy criticisms of ISDS and an interdisciplinary approach 2. The notion of legalization in the context of international investment law 3. Shared understandings and interactional law-making 4. Internal constraints: adjudication as a mode of social ordering 5. Legalizing international investment law Conclusion Bibliography Index
£90.00
Edward Elgar Publishing Ltd Building an International Cybersecurity Regime
Book SynopsisTrade Review‘This book thoughtfully unpacks the complex web of multistakeholder cyber diplomacy even as its parameters, participants, and paradoxes continue to evolve.’ -- Elina Noor, Carnegie Endowment for International Peace, Washington DC, US‘Essential reading for states and stakeholders engaged with the geopolitics of cyberspace, this expertly edited volume offers readers a descriptive catalog for how multistakeholder cyber diplomacy has interacted with—and travelled alongside—rising multilateral mechanisms for global governance of cybersecurity while identifying various next steps for making multistakeholderism more effective in securing cyberspace’s future.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents List of contributors vii PART I INTRODUCTION 1 Building cybersecurity through multistakeholder diplomacy: Politics, processes, and prospects 2 Ian Johnstone, Arun Sukumar and Joel Trachtman PART II THEMATIC ISSUES 2 The geopolitics of multistakeholder cyber diplomacy: A comparative analysis 20 Arun Sukumar 3 Multistakeholder characteristics of past and ongoing cybersecurity norms processes 59 Josephine Wolff 4 Developing multistakeholder structures for cybersecurity norms: Learning from experience 85 Joel Trachtman 5 Implementing cybersecurity norms: The design of international institutions 111 Ian Johnstone PART III COUNTRY PERSPECTIVES 6 U.S. multistakeholder engagement in cyber stability issues 143 Christopher Painter 7 Russia’s participation in multistakeholder diplomacy for cybersecurity norms 165 Andrey Shcherbovich 8 Rethinking Chinese multistakeholder governance of cybersecurity 185 Jinhe Liu 9 India’s “passive” multistakeholder cyber diplomacy 201 Arindrajit Basu 10 Brazil and multistakeholder diplomacy for the Internet: Past achievements, current challenges and the road ahead 220 Carlos Affonso de Souza and Christian Perrone 11 Taking stock of Estonia’s multistakeholder cyber diplomacy 238 Marina Kaljurand PART IV CONCLUSION 12 The way ahead for multistakeholder cyber diplomacy 257 Ian Johnstone, Arun Sukumar and Joel Trachtman Index 266
£111.52
Edward Elgar Publishing Ltd Sports Law
Book SynopsisIn this essential primer on the key themes in sports law, Jack Anderson explains how law has become important to all aspects of sport, including participation, administration and the resolution of disputes. Crossing legal jurisdictions and sporting codes, it covers issues ranging from ambush marketing to broadcasting, corruption and doping.Trade Review‘Throughout this book, Jack Anderson demonstrates his command of the field and superbly articulates the plurality of sports law in shaping and defining legal rights, relationships and interests. He explains the inextricable link between sport and wider contexts, including the commodification of professional sport, and meticulously examines the law’s evolution and expansion into the nuances of this unique regulatory domain.’ -- Annette Greenhow, Bond University, Australia‘I highly recommend Sports Law: A Concise Introduction as an introductory textbook for anyone interested in the legal aspects of sports. With a focus on real-world examples and drawing on sources from different jurisdictions, this book provides a clear, accessible and engaging resource for anyone looking to gain a foundational understanding of this important field.’ -- Johan Lindholm, Umeå University, SwedenTable of ContentsContents: Introduction to sports law: kick off 1. Participation 2. Discrimination 3. Administration 4. Dispute resolution 5. Integritisation 6. Commercialisation Index
£75.00
Edward Elgar Publishing Ltd Influence Operations in Cyberspace and the
Book SynopsisTrade Review‘Peter Pijpers has dug deep into the question of influence operations in cyberspace, which are politically abhorred but often do not break any major laws – neither domestically nor internationally. Zooming in on international law Pijpers warns about a lack of legal clarity that creates a legal grey zone that malign States eagerly exploit. His solution to this problem is a well-argued plea to reconceptualise coercion in cyberspace and draw a line in the sand.’ -- Dennis Broeders, Leiden University, the Netherlands‘Professor Pijpers combines a unique combination of a legal and a strategic framework to assess the legality and the modus operandi of digital influence operations directed against political systems. The legal framework involves non-intervention and sovereignty. The strategic framework offers valuable insight into the use of state power to persuade, coerce or manipulate foreign audiences.’ -- Paul Ducheine, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface 1. Introduction to Influence Operations in Cyberspace 2. Influence operations – the concept 3. On influence operations – the case studies 4. Sovereignty and non-intervention – the legal framework 5. Legal analysis 6. Conclusions and reflections on Influence Operations in Cyberspace Index
£95.00
Edward Elgar Publishing Research Handbook on the Punishment of Atrocity
Book SynopsisThis Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, RÃisÃn Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks.
£205.00
Edward Elgar Publishing Ltd Military Justice
Book SynopsisWhile military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.Trade Review‘This detailed and comprehensive analysis of military justice is a brilliant addition to the lexicon of academic commentary on military justice. It provides a forensic examination of the relationship between soldier and state, and does not duck the difficult issues of dealing with “villains” who are perceived as “heroes” by politicians and the general public. It provides historical context while adding to the ongoing debate about the relevance of a separate system of justice in the modern era.’ -- Jeff Blackett, Judge Advocate General of HM Armed Forces 2004-2020‘This excellent book provides a concise and deeply nuanced assessment of an operationally vital, politically charged, and intensely contextual field of legal inquiry. Encompassing national and international law, and recognising the practical impact of military capability upon our interpretation and application of this law, Nigel White once again shows us why he is the leading scholar in this field, and a worthy successor to Peter Rowe and Hilaire McCoubrey as its flagbearer.’ -- Robert McLaughlin, Australian National University, Australia‘The domestic and international legal frameworks that govern the deployment of the United Kingdom’s armed forces and the rights of its members are complex and contested. Adopting an expansive approach to the meaning of military justice, in this book Professor White takes the reader on a journey from the drafting of the Magna Carta to military operations in Afghanistan and Iraq. In the process, he unravels the relationship between the soldier and the state, and provides an engaging and thoughtful analysis of the law that regulates the actions of the armed forces at home and abroad.’ -- Alison Duxbury, University of Melbourne, AustraliaTable of ContentsContents: Preface Introduction to Military Justice 1. Framing military justice 2. Constitutional laws and the armed forces 3. Emergency powers and internal deployments 4. Prerogative powers and external deployments 5. The use of lethal force 6. Detention and abuse 7. The court martial 8. Rights and protections of soldiers 9. The scales of military justice Index
£38.90
Edward Elgar Publishing Ltd Research Handbook on International Law and
Book SynopsisTrade Review‘Tsagourias and Buchan have successfully brought together some of the world's best legal thinkers on cyber issues to address the domain's most difficult current questions. For anyone looking to understand the application of international law to cyber operations, including the views of major actors such as China, and Russia, this second edition of the Research Handbook provides an incredibly useful one-stop source. A true must-read for anyone involved in cyber operations.’ -- Eric Talbot Jensen, Brigham Young University, US‘With cyber security rising to the top of nation States’ national security concerns, understanding the legal “rules of the road” for cyberspace has never been a higher priority. This second edition of the Research Handbook on International Law and Cyberspace rises to meet that occasion. Expertly edited, the Research Handbook offers reflections by leading experts on the state of the law as well as a candid look at its potential gaps and outstanding disputes. From its survey of relevant rules for uses of force and armed conflicts to new topics like investment law, peacekeeping, and cyber norms, this book provides the most comprehensive and current overview of the field today.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents: Preface xiv Introduction to the Research Handbook on International Law and Cyberspace 1 Michael N. Schmitt PART I CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW 1 The legal status of cyberspace: sovereignty redux? 9 Nicholas Tsagourias 2 The rise of cyber norms 32 Marja Lehto 3 Mapping power in cyberspace 46 Outi Korhonen and Ekaterina Markovich 4 Jurisdiction in network society 69 Uta Kohl 5 The international law of cyber intervention 97 Ido Kilovaty 6 State responsibility in cyberspace 113 Constantine Antonopoulos 7 Cyberspace and human rights 130 David P. Fidler 8 International criminal responsibility in cyberspace 152 Kai Ambos 9 International investment law and arbitration in cyberspace 181 Eric De Brabandere PART II CYBER TREATS AND INTERNATIONAL LAW 10 Cyber terrorism and use of the internet for terrorist purposes 204 Ben Saul and Kathleen Heath 11 Cyber espionage and international law 230 Russell Buchan and Iñaki Navarrete 12 International legal dimensions of cybercrime 252 Philipp Kastner and Frédéric Mégret PART III CYBER ATTACKS AND THE JUS AD BELLUM 13 The notion of cyber operations 271 Paul A. L. Ducheine and Peter B. M. J. Pijpers 14 Cyber operations as a use of force 296 Marco Roscini 15 Self-defence in cyberspace 316 Carlo Focarelli 16 Cyber-peacekeeping and international law 344 Nicholas Tsagourias and Giacomo Biggio 17 Some thoughts on cyber deterrence and public international law 365 Eric Myjer PART IV CYBER WAR AND THE JUS IN BELLO 18 Distinctive ethical challenges of cyberweapons 387 Neil C Rowe 19 Classifying cyber warfare 405 Louise Arimatsu 20 Is the principle of distinction still relevant in cyberwarfare? From doctrinal discourse to States’ practice 426 Karine Bannelier 21 International humanitarian law applied to cyber-warfare: precautions, proportionality and the notion of ‘attack’ under the humanitarian law of armed conflict 456 Terry D. Gill 22 Cyber war and the law of neutrality 470 David Turns PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY 23 European law and cyberspace 490 Ramses A. Wessel 24 NATO and the international law of cyber defence 508 Steven Hill 25 Russian approaches to international law and cyberspace 524 Sergey Sayapin 26 Chinese approaches to cyberspace governance and international law in cyberspace 546 Zhixiong Huang and Yaohui Ying 27 Cyber security in the Asia-Pacific 563 Hitoshi Nasu 28 The United Nations and the regulation of cyber-security 581 Christian Henderson Index
£48.40
Edward Elgar Publishing Ltd After Meaning
Book SynopsisTrade Review‘If you are the rare kind of jurist on the international scene disposed to engage in introspection so radical that none of your epistemic postulates will be safe, not even your most evident assumptions (that the words of a law-text carry a meaning at once ascertainably present and transmissible, for example), if you think you can withstand the affective cost of such profound intellectual self-transformation, then this title might be your rare kind of book.’ -- Pierre Legrand, Ecole de droit de la Sorbonne, FranceTable of ContentsContents: Preface 1. Meaning and form in international law 2. Meaning-centrism in international law 3. Deferral of meaning in international law 4. After meaning Epilogue Bibliography Index
£24.95
John Wiley & Sons Inc Forensic Anthropology and the United States
Book SynopsisA guide to the interface between forensic anthropology and the United States legal system Designed for forensic anthropologists at all levels of expertise, Forensic Anthropology and the United States Judicial System offers a comprehensive examination of how to effectively present osteological analyses, research and interpretations in the courtroom. Written by noted experts, the book contains an historical perspective of the topic, a review of current legislation that affects expert testimony as well as vital information on courtroom procedure and judicial expectation of experts. A comprehensive book, Forensic Anthropology and the United States Judicial System explains how to prepare case reports and offers suggestions for getting ready for pre-trial interviews. The book also includes detailed information on affidavits, fee structures and dealing with opposing experts. This book is part of the popular Wiley American Association for Forensic Sciences series and: Offers a unique volume tTable of ContentsNotes on contributors xiii Preface xix Series preface xxiii Foreword xxv Acknowledgments xxix About the editors xxxi Glossary xxxiii Part I Context 1 Confrontation: where forensic science meets the sixth amendment 3Jennifer C. Love and Laura C. Fulginiti 1.1 Sixth amendment 4 1.1.1 Ohio v. Roberts, 448 U.S. 56 (1980). Argued November 26, 1979 – decided June 23, 1980, 5 1.1.2 Crawford v. Washington, 541 U.S. 36 (2004). Argued November 10, 2003 – decided March 8, 2004, 7 1.1.3 Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). Argued November 10, 2008 – decided June 25, 2009, 8 1.1.4 Bullcoming v. New Mexico, 564 U.S. 647 (2011). Argued March 2, 2011 – decided June 23, 2011, 10 1.1.5 Williams v. Illinois, 567 U.S. 50 (2012). Argued December 6, 2011, – decided June 18, 2012, 11 1.2 Impact on forensic practitioners 12 1.A Appendix 14 1.A.1 Example of Florida application to compel testimony 16 1.A.2 Example of Arizona court order in response to Florida request 17 References 17 2 “Somewhere in this twilight”: the circumstances leading to the National Academy of Sciences’ report 19Thomas Holland and Christian Crowder 2.1 Introduction 19 2.2 The long road to Daubert 20 2.2.1 The Frye standard of general acceptance 20 2.3 The federal rules of evidence 22 2.4 The rise of the toxic tort 24 2.5 Daubert and the supremacy of the FRE 25 2.6 The aftermath of Daubert 28 2.7 Llera Plaza and the assault on fingerprints 28 2.8 Fear, reality, and forensic anthropology 30 2.9 The gauntlet is thrown: the NAS gets involved 31 2.10 The CSI effect 31 2.11 The congressional response 32 2.12 The forensic sciences respond 33 2.13 Picking up the gauntlet 34 2.14 Conclusions 35 Notes 37 References 38 3 From the laboratory to the witness stand: research trends and method validation in forensic anthropology 41Jonathan D. Bethard and Elizabeth A. DiGangi 3.1 Introduction 41 3.2 Research in forensic anthropology – a bibliometric survey 43 3.3 Court decisions and research 48 3.4 Conclusion and a path forward 49 Acknowledgments 50 References 50 4 Expertise and the expert witness: contemporary educational foundations of forensic anthropology 53Katelyn L. Bolhofner and Andrew C. Seidel 4.1 A brief historical overview of the discipline 54 4.2 The educational background of early forensic anthropologists 55 4.3 The forensic anthropologist as expert witness 57 4.4 Current educational programs and training opportunities 58 4.4.1 Contemporary educational programs for forensic anthropologists 59 4.4.2 Casework and training opportunities 63 4.5 Conclusion and future directions 65 References 67 Part II The rubber meets the road 5 Transparency in forensic anthropology through the implementation of quality assurance practices 71Julie M. Fleischman, Michal L. Pierce, and Christian M. Crowder 5.1 Introduction 71 5.2 Overview of laboratory quality assurance and management 74 5.2.1 Corrective and preventive actions 74 5.3 Training and continuous education 74 5.4 Importance of QA for anthropologists 76 5.5 Quality assurance for forensic anthropology methods and equipment 77 5.5.1 Establishing laboratory SOPs 77 5.6 Various measures of quality 79 5.7 Implications of QA in the courtroom 85 5.7.1 Legal rulings affecting anthropology 85 5.8 Accreditation 86 5.9 Conclusions 86 References 87 6 Report writing and case documentation in forensic anthropology 89Lauren Zephro and Alison Galloway 6.1 The audience(s) 90 6.2 The report begins with documentation of workflow 91 6.3 Chain of custody 94 6.4 Managing the information flow 94 6.5 Processing the remains and storage considerations 96 6.6 Contemporaneous bench notes and standard forms 96 6.7 Casting radiography and other methods of documentation 98 6.8 The report 98 6.8.1 Format of the case report 98 6.8.2 Background 99 6.8.3 Condition of the remains 100 6.8.4 Biological profile 101 6.8.5 Trauma analysis 102 6.8.6 Postmortem interval and the time since death 105 6.8.7 Report summary and disposition 106 6.9 Appendices 106 6.10 Final steps 107 6.11 Conclusion 108 References 108 7 Skull shots: forensic photography for anthropologists 109Lauren Zephro and Alison Galloway 7.1 Equipment 110 7.2 Taking photographs with an eye to courtroom presentation 110 7.3 Labeling photographs 117 7.4 Photomicroscopy and Videography 118 7.5 Image processing 119 7.6 Conclusion 120 References 121 8 The peer review process: expectations and responsibilities 123Kristen Hartnett-McCann, Laura C. Fulginiti, Alison Galloway, and Katherine M. Taylor 8.1 Introduction 123 8.2 Historical use of peer review 124 8.3 Principles underlying peer review in Forensic Anthropology 125 8.4 Available guidance on peer review 126 8.5 Considerations 128 8.6 Current status of peer review in forensic anthropological casework 130 8.7 Recommendations on peer review of forensic anthropology case work 131 8.8 Conclusions 136 Acknowledgments 136 8.A Example of a peer review form (modified from Dana Austin, personal communication) 137 8.B Example of a peer review form (modified from Lauren Zephro, personal communication) 138 References 138 9 The United States justice system and forensic anthropology: preparing for court 141Daniel G. Martin and Laura C. Fulginiti 9.1 The United States court system 141 9.1.1 Types of cases 142 9.2 Understanding the judicial process 143 9.2.1 The criminal process 144 9.2.2 The civil process 148 9.3 The role of the forensic anthropologist 151 9.3.1 Criminal cases 151 9.3.2 Civil cases 160 9.4 The courtroom: etiquette and pitfalls 162 References 165 10 Litigation graphics in the courtroom presentation of forensic anthropology 167Gary Hodges 10.1 Color 169 10.2 Font 170 10.3 Layout 170 10.4 Clarity of purpose 172 10.5 The problem-solution approach to visual aids 172 10.6 Case study 174 10.7 Conclusion 180 References 181 11 Maintaining independence in an adversarial system: expert witness testimony in forensic anthropology 183Eric J. Bartelink, Laura C. Fulginiti, Alison Galloway, and Katherine M. Taylor 11.1 Criminal vs. civil cases 185 11.2 Courtroom roles and rules 187 11.3 Case studies 189 11.3.1 Case study 1 189 11.3.2 Case study 2 191 11.3.3 Case study 3 193 11.3.4 Case study 4 195 11.4 Conclusion 196 References 197 12 Valuing your time: appropriate calculation of fees and expenses as an expert witness 199Alison Galloway, Eric J. Bartelink, and Kristen Hartnett-McCann 12.1 History of expert witnesses and compensation 200 12.2 Models of compensation 200 12.2.1 Retainers 201 12.2.2 Fee for service 201 12.2.3 Fee for service considerations 203 12.2.4 Pro bono 205 12.2.5 Reasonable expenses 206 12.3 Unethical billing practices 207 12.4 Invoicing 208 12.5 The professional expert 209 12.6 Conclusions 210 12.A Appendix 211 References 212 Index 213
£999.99
£99.00
John Wiley and Sons Ltd Understanding International Law
Book SynopsisUnderstanding International Law presents a comprehensive, accessible introduction to the various aspects of international law while addressing its interrelationship with world politics.Trade Review"Henderson seeks to provide a comprehensive and accessible introduction to the field of international law. Addressing its interrelationship with world politics, the text also features chapters on topics such as making the world safer, human rights, the environment and the world economy." (Times Higher Education, November 2010) Table of ContentsList of Boxes xi Preface xiii List of Abbreviations xiv Part I Making the World More Lawful 1 1 The Rise of International Law 3 The Nature of International Law 4 The Roles of International Law 6 The Early Beginnings of International Law 9 Dueling Philosophies 13 Contending Modern Approaches 16 Operating Conditions: What Helps and What Hinders? 20 Chapter Summary 22 2 A World of Actors: A Question of Legal Standing 27 Actors 28 The State 28 International Government Organizations 33 Non-government Organizations 36 Multinational Corporations 39 Individuals 42 Insurgents 44 Ethnic Groups 46 Terrorists 49 Mercenaries and Private Military Companies 50 Domestic Actors 51 Chapter Summary 52 3 The Sources of International Law: Creating Law without Government 57 Customary Law 58 Treaty Law 65 The Role of Principles 72 Judges and Publicists 75 Other Sources 77 The Scope of International Law 78 Chapter Summary 79 4 The Efficacy of International Law 85 Legislating International Law 86 Enforcing International Law 90 Adjudicating International Law 94 The Incorporation of International Law 106 Can There Be a Future World Government? 109 Chapter Summary 110 5 Jurisdiction: Domain over Places and Persons 115 Territorial Jurisdiction 116 Law of the Sea 117 Airspace 124 Outer Space 126 Satellites 128 The Polar Regions 130 Nationality 132 Dual Nationality 135 Alien Status 137 Sovereign Immunity and Act of State 140 Extraterritoriality 141 Extradition 143 Chapter Summary 145 Part II Making the World Safer 149 6 Diplomacy in Pursuit of Peace 151 A Brief History of Diplomacy 152 The Rules of Diplomacy for States 155 Two Special Issues concerning Embassies 158 Rules for the Consular Relations of States 160 The Peaceful Settlement of Disputes 163 The Operating Conditions of Diplomacy 166 The Rules of Diplomacy for IGOs 168 The Special Case of the UN 171 Chapter Summary 174 7 Arms Limitations for a Less Violent World 179 A Brief History of Arms Limitations 180 Objectives of Arms Limitations 184 Obstacles to Arms Limitations 185 The Nuclear Regime 187 The Biological Weapons Regime 196 The Chemical Weapons Regime 198 The Missile Control Regime 199 The Conventional Weapons Regime 201 Chapter Summary 206 8 Law to Constrain Force 211 A Brief History of the Laws Governing Force 212 Evolution to UN Law 218 Aggression 220 Self-defense 223 Self-defense in an Age of Terrorism 225 Intervention 229 Peacekeeping 231 Today’s Salient Issues concerning the Laws of War 233 Chapter Summary 241 9 Core International Crimes: Atrocities That Shock the Conscience of Humankind 247 A Brief History of Core International Crimes 248 Crimes Against Peace 251 Crimes against Humanity 252 Genocide 254 The Most Notorious Episodes of Genocide 257 Special Dimensions of Genocide 261 War Crimes 263 The Contributions of International Tribunals 276 Chapter Summary 280 Part III Making the World Better 285 10 Human Rights: Freedom and Protection for Humankind 287 A Brief History of the Human Rights Movement 288 Civil and Political Rights 292 Economic, Social, and Cultural Rights 296 Group Rights 300 A Human Rights Frontier? 305 Human Rights Regimes 307 The Role of Non-state Actors 311 Chapter Summary 313 11 The Global Environment in Jeopardy 319 A Brief History of Environmental Developments 320 Atmosphere 324 Water 331 Soil 335 Forests 338 Wildlife 340 The Environment and Human Rights 344 Environmental Governance 346 Chapter Summary 349 12 Rules for Sharing the World’s Wealth 355 A Brief History of Economic Relations 356 Governance from the North 359 Standardizing the Global Economy 363 Intellectual Property Rights 364 Commercial Arbitration 366 Globalism versus Regionalism 368 Governance of the South 370 Four Economic Flows in the North–South Relationship 374 Counter-productive Issues for the Global Economy: Organized Crime, Corruption, and the Pursuit of Non-economic Goals 380 Chapter Summary 385 Part IV Making the Future 391 13 The Problems and Prospects of International Law 392 Glossary of Terms 396 Bibliography 406 Index 431
£83.55
Temple University Press,U.S. Exploiting the Wilderness
Book SynopsisIllegally harvested ivory and endangered plants, mammals, reptiles, birds, and even insects are easily found for sale throughout East and Southern Africa. And this is just one part of the multi-billion-dollar illegal global trade in wildlife.Wildlife is an important and even vital asset for both intrinsic and economic reasons. Yet it is illegally exploited on a massive scale to the point where some species now risk extinction. Exploiting the Wilderness provides a concise overview of this shameful business, describing some of the main species being exploited and examining select wildlife whose survival is imperiled due to heavy pressure from poachers to meet consumer demand.Greg Warchol draws on his firsthand experience and research in Africa to examine the structure and operation of the illegal trade in wildlife. He identifies the participants as well as their motivations and operations, and explains the behavior of poachers, traffickers, and consumers of illegally obtained goods. He c
£68.40
Temple University Press,U.S. Exploiting the Wilderness
Book SynopsisIllegally harvested ivory and endangered plants, mammals, reptiles, birds, and even insects are easily found for sale throughout East and Southern Africa. And this is just one part of the multi-billion-dollar illegal global trade in wildlife.Wildlife is an important and even vital asset for both intrinsic and economic reasons. Yet it is illegally exploited on a massive scale to the point where some species now risk extinction. Exploiting the Wilderness provides a concise overview of this shameful business, describing some of the main species being exploited and examining select wildlife whose survival is imperiled due to heavy pressure from poachers to meet consumer demand.Greg Warchol draws on his firsthand experience and research in Africa to examine the structure and operation of the illegal trade in wildlife. He identifies the participants as well as their motivations and operations, and explains the behavior of poachers, traffickers, and consumers of illegally obtained goods. He c
£21.84
University of Toronto Press International Law and Indigenous Knowledge
Book SynopsisIn International Law and Indigenous Knowledge, Chidi Oguamanan argues that Indigenous knowledge has posed a crisis of legitimacy for the intellectual property system that calls for a rethinking of the intellectual property jurisprudence in a cross-cultural direction.Trade Review'One of the most in-depth studies in the area of indigenous knowledge and property rights to date, this work provides a thorough examination of the role of law and public policy in addressing the rift between Western and non-Western knowledge systems and the crisis of legitimacy in the conventional intellectual property system.' -- African Technology Development Forum Journal (Featured Book, Fall 2006) 'Dr. Oguamanam advocates for a "bottom-up" approach in dealing with how to best preserve and protect traditional knowledge ... In so doing, a solution can be crafted which will provide protection for traditional knowledge in a manner that is respectful of indigenous and local peoples' cultural identities. Ultimately, this type of solution will create a strong foundation upon which enduring indigenous political empowerment can be achieved.' -- Graham Reynolds, Alberta Law Review Supplement 'International Law and Indigenous Knowledge by Chidi Oguamanam is a valuable contribution to the ongoing discussion over preservation of the integrity of traditional knowledge and Indigenous ways of knowing. The author provides solid scaffolds to navigate the complex negotiations and intersections between international law and Indigenous property rights in evolving, diverse contexts.' -- Thom Alcoze, Canadian Journal of Native StudiesTable of ContentsPreface Abbreviations PART ONE: General Introduction and Overview * Introduction * Knowledge: The New Frontier of the Indigenous Question * Intellectual Property and the Search for Equity * TKPT and Socio-Cultural Imperative * Traditional and Western Scientific Knowledge Systems * Science as a Site of Contest * Indigenous/Traditional Knowledge * Traditional Knowledge of Plant-Based Therapy (TKPT) * Applicability of IPRs to Traditional Knowledge * Chapter Synopsis PART TWO: Introduction on Biodiversity, Traditional Knowledge and Intellectual Property and the Protection of Indigenous Peoples in International Law * Introduction * Biodiversity * Traditional/Indigenous Knowledge Systems * Intellectual Property Rights * International Law Relating to Indigenous Peoples PART THREE: International Law and Traditional Knowledge of Plant-based Therapy (TKPT) * Introduction * Indigenous Knowledge as Part of International Law on Indigenous Peoples * The Protection of Traditional Therapeutic Knowledge * Traditional Therapeutic Knowledge under the WHO * State Practices and Traditional Medicine * Summary PART FOUR: The Socio-Cultural Context of Traditional Knowledge of Plant-based Therapy (TKPT) * Introduction * Traditional Therapy and Western Biomedicine: The Paradigmatic Divergence * The Central Role of Plants in Traditional Therapy * Traditional Therapeutic Systems: Beyond Active Substances * The Performing of Healing * Multivalence of Traditional Therapeutic Methods * The Scientific Question and Situational Logic * Summary PART FIVE: Intellectual Property and Traditional Knowledge of Plant-based Thearpy * Introduction * Intellectual Property Rights in the Context of Traditional Medicine * The Intellectual Property Debate * Patients and TKPT: Investigating the Tradeoffs * Tests of Patentability and Product of Nature Rhetoric * The Case for Patentability of TKPT * Beyond Patenting: Folkloric Protection for TKPT * Intellectual Property at the Periphery: Geographical Indications * Patenting TKPT: Some Reflections PART SIX: Towards a Cross-Cultural Dialogue on Intellectual Property Rights * Introduction * Appraising the Discussion * Indigenous Knowledge: Economic Reward vs Cultural Identity * Indigenous Knowledge: Legal Empowerment From Within * The CBD and WIPO: Embracing the Cross-cultural Dialogue * Knowledge Protection Outside the Regime of Conventional Intellectual Property Rights * The Cross-cultural Approach as a Framework
£29.70
Duke University Press Indigenous Peoples and Borders
Book SynopsisThe contributors to this volume explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways they challenge and work around them.Trade Review“This insightful and important volume offers readers, teachers, scholars, and students a collection of essays that widen our understanding of the global phenomenon of Indigenous Peoples' politics. Indigenous Peoples and Borders is a singular, well-structured source for teaching and analyzing Indigenous studies through a comparative and global perspective. It will become a go-to book for the field.” -- Kevin Bruyneel, author of * Settler Memory: The Disavowal of Indigeneity and the Politics of Race in the United States *“This volume tackles important and novel topics in view of the current neoliberal challenges faced by Indigenous communities worldwide, from human rights and genocide of Indigenous Peoples to the experiences of Indigenous women and children to sovereignty and nationhood. Indigenous Peoples and Borders will be very valuable for courses in Indigenous studies, political science, history, international studies, globalization, neoliberalism, and human rights.” -- Priscilla Settee, author of * Pimatisiwin: The Good Life, Global Indigenous Knowledge Systems *
£80.75
