Law Books
Cambridge University Press International Law Reports Volume 158 International Law Reports Series Number 158
Book SynopsisThe International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 158 reports on, amongst others, the 2014 judgment of the Nepalese Supreme Court in JuRI-Nepal (Justice and Rights Organization) v. Government of Nepal, the 2014 judgment of English Court of Appeal in Regina v. Newell (following on from judgment of European Court of Human Rights in Vinter v. United Kingdom reported in 156 ILR 115) and the Retrial judgment of International Criminal Tribunal for the Former Yugoslavia in Prosecutor v. Haradinaj, Balaj and Brahimaj.Table of Contents1. Xenides-Arestis v. Turkey (Application No 46347/99) (Third Section) [EUROPEAN COURT OF HUMAN RIGHTS]; 2. Demopoulos and Others v. Turkey (Admissibility) (Application Nos 46113/99, 3843/02, 13751/02, 13466/03, 14163/04, 10200/04, 19993/04, 21819/04) (Grand Chamber) [EUROPEAN COURT OF HUMAN RIGHTS]; 3. Prosecutor v. Haradinaj, Balaj and Brahimaj (Case No IT-04-84bis-T) (Trial Chamber II) [INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA]; 4. FTZK v. Minister for Immigration and Border Protection ([2014] HCA 26) (High Court) [AUSTRALIA]; 5. JuRI-Nepal (Justice and Rights Organization) and Others v. Government of Nepal and Others (Supreme Court) [NEPAL]; 6. Teitiota v. Chief Executive of the Ministry of Business Innovation and Employment (High Court and Court of Appeal) [NEW ZEALAND]; 7. Regina v. Forsyth Regina v. Mabey ([2011] UKSC 9) (Supreme Court) [UNITED KINGDOM, ENGLAND]; 8. Regina v. PD and EB (Iraq Sanctions) ([2011] EWCA Crim 2082) (Court of Appeal) [UNITED KINGDOM, ENGLAND]; 9. Smith and Others v. Ministry of Defence ([2011] EWHC 1676 (QB), [2012] EWCA Civ 1365 and [2013] UKSC 41) (High Court, Court of Appeal and Supreme Court) [UNITED KINGDOM, ENGLAND]; 10. Re Attorney General's Reference No 69 of 2013 Regina v. Newell Regina v. McLoughlin ([2014] EWCA Crim 188) (Court of Appeal) [UNITED KINGDOM, ENGLAND].
£190.95
Cambridge University Press International Law Reports Volume 159 International Law Reports Series Number 159
Book SynopsisThe International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 159 reports on, amongst others, the 2014 Judgment (Just Satisfaction) of the Grand Chamber of the European Court of Human Rights in Cyprus v. Turkey, the 2013 Order on Request for Provisional Measures of International Tribunal for the Law of the Sea in The Arctic Sunrise (Netherlands v. Russian Federation) and the 2014 English Court of Appeal decision in Belhaj v. Straw.Table of Contents1. Cyprus v. Turkey (Just Satisfaction) (Application No 25781/94) (Grand Chamber) [EUROPEAN COURT OF HUMAN RIGHTS]; 2. The Arctic Sunrise (Kingdom of the Netherlands v. Russian Federation) (Request for Provisional Measures) [INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA]; 3. Bulgakov v. Ukraine(Communication No 1803/2008) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 4. Cedeño v. Venezuela (Communication No 1940/2010) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 5. Naidenova and Others v. Bulgaria (Communication No 2073/2011) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 6. Fedotova v. Russian Federation (Communication No 1932/2010) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 7. Kholodova v. Russian Federation (Communication No 1548/2007) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 8. Singh v. France (Communication No 1852/2008) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 9. Kovsh v. Belarus (Communication No 1787/2008) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 10. Achabal Puertas v. Spain (Communication No 1945/2010) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 11. Estate of Kazemi v. Islamic Republic of Iran and Others (2014 SCC 62) (Supreme Court) [CANADA]; 12. R (JS (Sri Lanka)) v. Secretary of State for the Home Department ([2009] EWCA Civ 364 and [2010] UKSC 15) (Court of Appeal and Supreme Court) [UNITED KINGDOM – ENGLAND]; 13. HJ (Iran) v. Secretary of State for the Home Department; HT (Cameroon) v. Secretary of State for the Home Department ([2010] UKSC 31) (Supreme Court) [UNITED KINGDOM – ENGLAND]; 14. R (ST (Eritrea)) v. Secretary of State for the Home Department ([2010] EWCA Civ 643 and [2012] UKSC 12) (Court of Appeal and Supreme Court)) [UNITED KINGDOM – ENGLAND]; 15. SK (Zimbabwe) v. Secretary of State for the Home Department ([2012] EWCA Civ 807) (Court of Appeal) [UNITED KINGDOM – ENGLAND]; 16. RT (Zimbabwe) and Others v. Secretary of State for the Home Department; KM (Zimbabwe) v. Secretary of State for the Home Department ([2012] UKSC 38) (Supreme Court) [UNITED KINGDOM – ENGLAND]; 17. Al-Sirri v. Secretary of State for the Home Department; DD (Afghanistan) v. Secretary of State for the Home Department ([2012] UKSC 54) (Supreme Court) [UNITED KINGDOM – ENGLAND]; 18. Belhaj and Boudchar v. Straw and Others [2014] EWCA Civ 1394 (Court of Appeal) [UNITED KINGDOM – ENGLAND]; 19. Mohamad (Individually and for the Estate of Rahim, Deceased) and Others v. Palestinian Authority and Others(Supreme Court) [UNITED STATES OF AMERICA].
£190.95
Cambridge University Press International Law Reports Volume 160 International Law Reports Series Number 160
Book SynopsisThe International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 160 reports on, amongst others, the 2007 judgment of the International Court of Justice in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgments of the Supreme Court of the Netherlands and the European Court of Human Rights in Mothers of Srebrenica v. Netherlands, and the Judgment of the Supreme Court of the Netherlands in Netherlands v. NuhanoviÄ.Table of Contents1. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) [INTERNATIONAL COURT OF JUSTICE]; 2. Mothers of Srebrenica Association and Others v. Netherlands and United Nations (Supreme Court) [THE NETHERLANDS]; 3. Stichting Mothers of Srebrenica and Others v. Netherlands (Application No 65542/12) [EUROPEAN COURT OF HUMAN RIGHTS (Third Section)]; 4. Netherlands v. Nuhanović (Supreme Court) [THE NETHERLANDS]; 5. Government of the Republic of Serbia v. Ganić ([2010] EW Misc 11) (City of Westminster Magistrates' Court) [UNITED KINGDOM – ENGLAND]; 6. SerVaas Inc. v. Rafidain Bank and Others ([2012] UKSC 40) (Supreme Court) [UNITED KINGDOM – ENGLAND]; 7. Republic of Iraq v. Beaty and Others; Republic of Iraq and Others v. Simon and Others (Supreme Court) [UNITED STATES OF AMERICA]; 8. Morrison v. National Australia Bank (Supreme Court) [UNITED STATES OF AMERICA].
£190.95
Cambridge University Press International Law Reports Volume 161 International Law Reports Series Number 161
Book SynopsisThe International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 161 reports on, amongst others, the 2014 Opinion 2/13 of the Court of Justice of the European Union concerning the Accession of the European Union to the European Convention on Human Rights, the 2008 Order and 2011 Judgment of the International Court of Justice in the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) and related cases before the European Court of Human Rights, and the 2014 judgment of European Court of Human Rights in Hassan v. United Kingdom.Table of Contents1. Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) (Provisional Measures) (Preliminary Objections) [INTERNATIONAL COURT OF JUSTICE]; 2. Georgia v. Russia (No. 1) (Admissibility) (Merits) (Application No. 13255/07) [EUROPEAN COURT OF HUMAN RIGHTS]; 3. Georgia v. Russia (No. 2) (Admissibility) (Application No. 38263/08) [EUROPEAN COURT OF HUMAN RIGHTS]; 4. Hassan v. United Kingdom (Application No. 29750/09) [EUROPEAN COURT OF HUMAN RIGHTS]; 5. Opinion 2/13 (Accession of the European Union to the European Convention on Human Rights) [EUROPEAN UNION, COURT OF JUSTICE].
£190.95
Cambridge University Press International Law Reports Volume 162 International Law Reports Series Number 162
Book SynopsisInternational Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 162 reports on, amongst others, the 2015 award in the Chagos Islands Arbitration (Mauritius v. United Kingdom) together with the judgments of the European Court of Human Rights in Chagos Islanders v. United Kingdom and of the English courts in Bancoult (No. 3) which also concern the Chagos islands/British Indian Ocean Territory. It also reports on the 2014 award in the Railway Land Arbitration (Malaysia/Singapore) and the United Kingdom Supreme Court decision in Pham v. Secretary of State for the Home Department.Table of Contents1. Chagos Marine Protected Area (Republic of Mauritius v. United Kingdom) [ARBITRATION TRIBUNAL]; 2. Chagos Islanders v. United Kingdom (Admissibility) (Application No. 35622/04) [EUROPEAN COURT OF HUMAN RIGHTS]; 3. Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 3) ([2013] EWHC 1502 (Admin) and [2014] EWCA Civ 708) (Div Ct and Ct of Appeal) [UNITED KINGDOM, ENGLAND]; 4. Application of the Interim Accord of 13 September 1995 (the Former Yugoslav Republic of Macedonia v. Greece) [INTERNATIONAL COURT OF JUSTICE]; 5. Railway Land Arbitration (Malaysia/Singapore) [ARBITRATION TRIBUNAL]; 6. Regina v. Lyons ([2011] EWCA Crim 2808) (Court of Appeal sitting as Court Martial Appeal Court) [UNITED KINGDOM - ENGLAND]; 7. Reyes v. Al-Malki ([2015] EWCA Civ 32) (Court of Appeal) [UNITED KINGDOM - ENGLAND]; 8. Pham v. Secretary of State for the Home Department ([2015] UKSC 19) (Supreme Court) [UNITED KINGDOM]; 9. Brzak v. United Nations (Court of Appeals, Second Circuit) [UNITED STATES OF AMERICA]; 10. Georges v. United Nations (District Court, Southern District of New York) [UNITED STATES OF AMERICA].
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Cambridge University Press International Law Reports Volume 165 International Law Reports Series Number 165
Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 165 reports on, amongst others, the 2012 judgment of the Inter-American Court of Human Rights in Artavia Murillo ('In vitro fertilization') v. Costa Rica, the judgments of the English High Court and Court of Appeal and the European Court of Human Rights in Misick, and the 2014 English High Court judgment in Iraqi Civilians v. Ministry of Defence.Table of Contents1. Artavia Murillo and Others ('In vitro fertilization') v. Costa Rica [INTER-AMERICAN COURT OF HUMAN RIGHTS]; 2. Brita GmbH v. Hauptzollamt Hamburg-Hafen (Case C-386/08) [COURT OF JUSTICE OF EUROPEAN UNION]; 3. Hutchinson v. United Kingdom (Application No. 57592/08) [EUROPEAN COURT OF HUMAN RIGHTS]; 4. Paksas v. Lithuania (Application No. 34932/04) [EUROPEAN COURT OF HUMAN RIGHTS (Grand Chamber)]; 5. Paksas v. Lithuania (Communication No. 2155/2012) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 6. Paadar v. Finland (Communication No. 2102/2011) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 7. Horvath v. Australia (Communication No. 1885/2009) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 8. Ory v. France (Communication No. 1960/2010) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 9. R (Corner House Research) v. Director of the Serious Fraud Office ([2008] EWHC 714 (Admin)) (High Court (QB Div Court)) ([2008] UKHL 60) (House of Lords) [UNITED KINGDOM, ENGLAND]; 10. EM (Lebanon) v. Secretary of State for the Home Department ([2008] UKHL 64) (House of Lords) [UNITED KINGDOM, ENGLAND]; 11. R (MISICK) v. Secretary of State for Foreign and Commonwealth Affairs ([2009] EWHC 1039 (Admin)) (Divisional Court) ([2009] EWCA Civ 1549) (Court of Appeal) [UNITED KINGDOM, ENGLAND]; 12. Misick v. United Kingdom (Application No. 10781/10) (Admissibility) [EUROPEAN COURT OF HUMAN RIGHTS]; 13. Yukos Capital SARL v. OJSC Rosneft Oil Co (No. 2) ([2012] EWCA Civ 8550) (Court of Appeal) [UNITED KINGDOM, ENGLAND]; 14. R (Noor Khan) v. Foreign Secretary ([2012] EWHC 3728 (Admin)) (QBD (Admin Ct) Div Ct) ([2014] EWCA Civ 24) (Court of Appeal) [UNITED KINGDOM, ENGLAND]; 15. Iraqi Civilians v. Ministry of Defence ([2014] EWHC 3686 (QB)) (High Court (QB)) [UNITED KINGDOM, ENGLAND].
£190.95
Cambridge University Press International Law Reports Volume 167 International Law Reports Series Number 167
Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 167 reports on, amongst others, the arbitration award in the Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India), the European Court of Human Rights Grand Chamber 2011 and 2015 decisions in Chiragov v. Armenia and the judgment of the Supreme Court of Uganda in Uganda v. Kwoyelo.Table of Contents1. Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India) [ARBITRATION TRIBUNAL, UNCLOS ANNEX VII]; 2. Chiragov and Others v. Armenia (Application No. 13216/05) (Grand Chamber) [EUROPEAN COURT OF HUMAN RIGHTS]; 3. BL v. Australia (Communication No. 2053/2011) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 4. Blessington and Elliot v. Australia (Communication No. 1968/2010) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 5. Abdullayev v. Turkmenistan (Communication No. 2218/2012) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 6. Q v. Denmark (Communication No. 2001/2010) [UNITED NATIONS HUMAN RIGHTS COMMITTEE]; 7. Uganda v. Kwoyelo (Supreme Court) [UGANDA]; 8. Norris v. Government of the United States of America (No. 1) ([2008] UKHL 16) (House of Lords) [UNITED KINGDOM, ENGLAND]; 9. Norris v. Government of the United States of America (No. 2) [2009] EWHC 995 (Admin) [2010] UKSC 9 [UNITED KINGDOM, ENGLAND]; 10. Zivotofsky v. Kerry (Supreme Court) [UNITED STATES OF AMERICA].
£190.95
Cambridge University Press ICSID Reports Volume 18
Book SynopsisThe ICSID Reports provide an authoritative published collection of investor-State arbitral awards and decisions rendered under the auspices of the World Bank''s International Centre for Settlement of Investment Disputes (ICSID), pursuant to other bilateral or multilateral investment treaties such as the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) or involving investment contracts entered by States. These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment law. The ICSID Reports are an invaluable tool for practitioners, scholars and government lawyers working in the field of public international law, investment treaty arbitration, international commercial arbitration, or advising foreign investors or States. Volume 18 of the ICSID Reports focuses on Defence Arguments in Investment Arbitration, including an opening piece from leading scholar and practitioner Professor Jan PTable of ContentsSempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16) Summary and digest by Bruno Gelinas-Faucher, University of Cambridge; Award, 28 September 2007, paras. 241–269 and 325–397; Decision on the Argentine Republic's Application for Annulment of the Award, 29 June 2010, paras. 186–219; Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9); Summary and digest by Jaime Gallego, LALIVE; Award, 5 September 2008, paras. 160–236; Cargill, Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2) Summary and digest by Jana Lamas de Mesa, Uría Menéndez Abogados SLP; Award, 18 September 2008, paras. 379–430; Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada (ICSID Case No. ARB(AF)/07/4) Summary and digest by David Seidl and Tamara Korešová, Squire Patton Boggs;Decision on Liability and on Principles of Quantum, 22 May 2012, paras. 172–173, 210–265, 284–357 and 367–413; Partial Dissenting Opinion, 17 May 2012, paras. 1–41;Bankswitch Ghana Ltd. (Ghana) v. Republic of Ghana Acting as the Government of Ghana (PCA Case No. 2011-10)Summary and digest by Constantinos Salonidis and Joseph Klingler, Foley Hoag LLP; Award Save as to Costs, 11 April 2014, paras. 11.23–11.34 and 11.71–11.97; Yukos Universal Limited (Isle of Man) v. The Russian Federation (PCA Case No. AA 227); Hulley Enterprises Limited (Cyprus) v. The Russian Federation (PCA Case No. AA 226); Veteran Petroleum Limited (Cyprus) v. The Russian Federation (PCA Case No. AA 228) Summary and digest by Guillaume Croisant, Linklaters LLP;Final Award, 18 July 2014, paras. 1343–1374 and 1401–1447; Von Pezold, Von Pezold, Webber, Von Pezold, Batthyàny, Von Pezold, Von Pezold, Von Pezold and Von Pezold v. Republic of Zimbabwe (ICSID Case No. ARB/10/15); Border Timbers Limited, Border Timbers International (Private) Limited and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe (ICSID Case No. ARB/10/25) Summary and digest by Berk Demirkol, University of Galatasaray; Award, 28 July 2015, paras. 460–468 and 624–668; Quiborax S.A., Non-Metallic Minerals S.A. and Fosk Kaplún v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2) Summary and digest by Oliver Marsden and Yuri Mantilla, Freshfields Bruckhaus Deringer LLP; Award, 16 September 2015, paras. 196–227; General Dynamics United Kingdom Limited (United Kingdom) v. The State of Libya (ICC Case No. 19222/EMT); Summary and digest by Camille Martini, Cleary Gottlieb Steen & Hamilton LLP; Final Award, 5 January 2016, paras. 233–284, 324–333 and 549–560; Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7) Summary and digest by Oliver Hailes, University of Cambridge; Award, 8 July 2016, paras. 286–307 and 388–420; Concurring and Dissenting Opinion, 8 July 2016, paras. 136–145 and 181–191; CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited and Telcom Devas Mauritius Limited v. Republic of India (PCA Case No. 2013-09) Summary and digest by Alexander Ferguson, Queen Mary University of London; Award on Jurisdiction and Merits, 25 July 2016, paras. 211–295 and 413–414; Dissenting Opinion of David R Haigh QC, 25 July 2016, paras. 76–109; Churchill Mining Plc and Planet Mining Pty Ltd v. Republic of Indonesia (ICSID Case No. ARB/12/14 and 12/40) Summary and digest by Eduardo Silva Romero, David L Attanasio, Javier Echeverri Díaz and Ruxandra Esanu, Dechert LLP; Award, 6 December 2016, paras. 487–532; Urbaser S.A. and Consorcio De Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic (ICSID Case No. ARB/07/26); Summary and digest by Gabriela Álvarez Ávila and Ricardo Mier y Teran Ruesga, Curtis, Mallet-Prevost, Colt & Mosle SC; Award, 8 December 2016, paras. 1143–1155 and 1182–1221; Orascom TMT Investments S.à.r.l. v. Pe
£264.10
Cambridge University Press ICSID Reports Volume 19
Book SynopsisVolume 19 of the ICSID Reports includes summaries, digests and excerpts of decisions rendered between 2004 and 2016 in 21 cases involving States from across Africa, Asia, Europe and the Americas, reflecting the breadth of contemporary practice on the meaning of investment under Art. 25 of the ICSID Convention.Table of ContentsMitchell v. Democratic Republic of Congo (ICSID Case No. ARB/99/7) Summary and digest by Tom Cameron and Yasmine El Achkar, White & Case LLP, Award, 9 February 2004, Paras. 40–57, Dissenting Opinion of Yawovi Agboyibo, 23 January 2004, paras. 6–23, Decision on the Application for Annulment of the Award, 1 November 2006, paras. 25 and 27–41; Malaysian Historical Salvors Sdn, Bhd v. Government of Malaysia (ICSID Case No. ARB/05/10), Summary and digest by Marinn Carlson and Alex Young, Sidley Austin LLP, Award on Jurisdiction, 17 May 2007, paras. 54–148, Decision on the Application for Annulment, 16 April 2009, paras. 56–82, Dissenting Opinion of Judge Mohamed Shahabuddeen, 16 April 2009, paras. 1–65; Bayview Irrigation District et al. v. United Mexican States (ICSID Case No. ARB(AF)/05/1), Summary and digest by Kyongwha Chung, Covington & Burling LLP, Award, 19 June 2007, paras. 81–124; Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania (ICSID Case No. ARB/05/22), Summary and digest by Zachary Kady and Sam Berman, Gibson Dunn & Crutcher, LLP, Award, 24 July 2008, paras. 307–22; Quasar de Valors SICAV S.A., Orgor de Valores SICAV S.A, GBI 9000 SICAV S.A. and Alos 34 S.L. v. Russian Federation (SCC Case No. 24/2007), Summary and digest by Claudia Frutos-Peterson and Belén María Ibañez, Curtis, Mallet-Prevost, Colt & Mosle LLP, Award on Preliminary Objections, 20 March 2009, paras. 135–47; Phoenix Action, Ltd. v. Czech Republic (ICSID Case No. ARB/06/5), Summary and digest by Jaime Gallego, LALIVE, Award, 15 April 2009, paras. 74–147; Romak S.A. (Switzerland) v. Republic of Uzbekistan (PCA Case No. AA280), Summary and digest by Patricio Grané Labat and Isabelle Wenger, Arnold & Porter, Award, 26 November 2009, paras. 173–243; Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20), Summary and digest by Antón Vieito Baqueiro and André del Solar Garzón, Uría Menéndez Abogados SLP, Award, 14 July 2010, paras. 89–149; Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11), Summary and digest by Alexander Ferguson, University of Cambridge, Award, 1 December 2010, paras. 41–57; HICEE B.V. v. Slovak Republic (PCA Case No. 2009-11), Summary and digest by Andrew Cannon and Hannah Ambrose, Herbert Smith Freehills LLP, Partial Award, 23 May 2011, paras. 100–47, Dissenting Opinion of Charles N Brower, 23 May 2011, paras. 5–42; Abaclat and Others (Case Formerly Known as Giovanna A Beccara and Others) v. Argentine Republic (ICSID Case No. ARB/05/10), Summary and digest by Christina Cathey Schuetz, Clifford Chance LLP, Decision on Jurisdiction and Admissibility, 11 August 2011, paras. 343–87, Dissenting Opinion Professor Georges Abi-Saab, 28 October 2011, paras. 34–119; Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12), Summary and digest by Eduardo Silva Romero, David L Attanasio, Rose Marie Wong and Panos Theodoropoulos, Dechert LLP, Award, 5 June 2012, paras. 339–62; Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2), Summary and digest by Bruno Gélinas-Faucher, University of Cambridge, Award, 31 October 2012, paras. 283–312, Dissenting Opinion of Makhdoom Ali Khan, 23 October 2012, paras. 6–75; Standard Chartered Bank v. United Republic of Tanzania (ICSID Case No. ARB/10/12), Summary and digest by Oliver Hailes, University of Cambridge, Award, 2 November 2012, paras. 196–270; Ambiente Ufficio S.P.A. and Others v. Argentine Republic (ICSID Case No. ARB/08/9), Summary and digest by Adrien Canivet, Linklaters LLP, Decision on Jurisdiction and Admissibility, 8 February 2013, paras. 415–520, Dissenting Opinion of Santiago Torres Bernárdez, 2 May 2013, paras. 146–330; AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16), Summary and digest by Constantinos Salonidis and Diem
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Cambridge University Press The Rule of Law in Monetary Affairs
Book SynopsisThe global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by economics, without much room being left to substantive law. Based on the 2012 World Trade Forum, this volume brings together leading scholars, practitioners and policy makers in international economic law in order to examine the potential of law and legal methodology to contribute to international monetary stability. It explores the links between and lessons to be learnt from existing international investment and trading systems and studies some specific policy issues which have a direct impact on monetary affairs, such as exchange rate policy, sovereign debt, taxation, competitiveness, trade imbalances, austerity programmes and human rights.Table of Contents1. Introduction and overview Thomas Cottier, Rosa M. Lastra, Lucia Satragno and Christian Tietje; Part I. Legal Foundations and Evolution of the International Monetary System: 2. The role of law in monetary affairs: taking stock Christian Tietje; 3. The international monetary and financial architecture – some institutional aspects Mario Giovanoli; 4. The role of central banks in monetary affairs: a comparative perspective Rosa M. Lastra; 5. Monetary union and the law: some comments Jean-Victor Louis; Part II. Specific Policy Issues in Monetary Affairs: 6. Global governance of international competitiveness spillovers Bernard Hoekman; 7. Global benchmark interest rates: conflicting objectives and increasing hybridization Claus D. Zimmermann; 8. Credit rating agencies: regulation and financial stability Iain Macneil; 9. Monitoring and surveillance at the international monetary system: what can be learnt from the trade field? Nadia Rendak; 10. The impact of sovereign debt on EU monetary affairs Annamaria Viterbo; 11. Taxation in times of austerity: a question of political economy Isabel Feichtner; Part III. The Interaction between WTO Law and Monetary Affairs: 12. Towards an equitable integration of monetary and financial matters, trade and sustainable development Robert Howse; 13. Trade imbalances and multilateral trade cooperation Juan Marchetti, Michele Ruta and Robert Teh; 14. The WTO dispute settlement mechanism in matters involving exchanges rates and trade Gabrielle Z. Marceau and John J. Maughan; 15. Monetary affairs in the WTO Trade Policy Review Mathias Kende; Part IV. The Quest for Law in Monetary Policy: 16. The potential of law and legal methodology in monetary affairs Thomas Cottier and Lucía Satragno; 17. Framework of analysis: towards multilayered governance in monetary affairs Ernst-Ulrich Petersmann; 18. Transparency and monetary affairs Christine Kaufmann and Rolf H. Weber; 19. Human rights and austerity programmes Markus Krajewski; 20. International economic law and macro-prudential regulation Kern Alexander; 21. Relationship between monetary policy and exchange rate policy François Gianviti; 22. Monetary policy measures in investment law: the uneasy relationship between monetary stability and investment protection Federico Lupo Pasini.
£128.25
Cambridge University Press Asian Courts in Context
Book SynopsisThe rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country''s economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.Trade Review'Asian Courts in Context is a valuable addition to a growing collection academic texts which, increasingly, focus on the practical and institutional sides of the judicial and courts components of government. It would be a useful addition to law library reference collections in law schools, international law firms, international investment advisors, and multi-national corporations with subsidiaries or divisions in one or more of the countries represented. Law and political science faculty who specialize in court systems will find it an important addition to their personal libraries and might even consider it as the primary text for a graduate- level survey course comparing Asian court and justice systems … The editors have produced a work that not only contributes substantially to our understanding of court systems in Asian states but makes for an interesting read.' Markus Zimmer, International Journal for Court AdministrationTable of Contents1. Introduction: Asian courts in context: tradition, transition and globalization Jiunn-rong Yeh and Wen-Chen Chang; Part I: 2. Towards a more responsive judiciary: courts and judicial power in Japan Norikazu Kawagishi; 3. Courts in the Republic of Korea: featuring a built-in authoritarian legacy of centralization and bureaucratization Jongcheol Kim; 4. Courts and judicial reform in Taiwan: gradual transformations towards the guardian of constitutionalism and rule of law Wen-Chen Chang; 5. Hong Kong: common law courts in China Pui Yin Lo; 6. As efficient as the best businesses: Singapore's judicial system Kevin Y. L. Tan; Part II: 7. Legitimacy of courts and the dilemma of their proliferation: the significance of judicial power in India Jayanth Krishnan; 8. Courts in Indonesia: a mix of Western and local character Hikmahanto Juwana; 9. The fledgling courts and adjudication system in Mongolia Batbold Amarsanaa; 10. The Philippines' post-Marcos judiciary: the institutional turn in a populist democracy Raul C. Pangalangan; 11. Courts in Malaysia and judiciary initiated reforms Yeow Choy Choong; 12. Courts in Thailand: progressive development as the country's pillar of justice Pawat Satayanurug and Nattaporn Nakornin; 13. Courts and the adjudication system in Bangladesh: in quest of viable reforms Ridwanul Hoque; 14. Courts in China: judiciary in the economic and societal transitions Weixia Gu; 15. Renovating courts: the role of courts in contemporary Vietnam Pip Nicholson; 16. Conclusion: challenges and prospects for Asian courts Jiunn-rong Yeh and Wen-Chen Chang.
£128.25
Cambridge University Press The Challenge of Safeguards in the WTO 14 Cambridge International Trade and Economic Law Series Number 14
Book SynopsisThe Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case.Table of ContentsIntroduction; Part I. Foundation of the Safeguard Mechanism: 1. History of the safeguard mechanism; 2. The rationale of the safeguard mechanism; Part II. The Right to Apply a Safeguard: 3. Period of investigation and products at issue; 4. Unforeseen developments and the effect of GATT obligations; 5. Increase in imports; 6. Serious injury; 7. Causal link; Part III. Application of a Safeguard: 8. Scope of a safeguard; 9. Extent of a safeguard; 10. Form of a safeguard; 11. Temporal application and provisional safeguards; Part IV. Procedures for the Application of Safeguards: 12. Domestic investigation; 13. Multilateral proceedings; Concluding remarks.
£91.00
Cambridge University Press Political Trials in Theory and History
Book SynopsisFrom the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and wTrade Review'This is a remarkable book. Meierhenrich and Pendas have assembled a wonderful and coherent collection. They offer a new understanding of political trials, one which illuminates both the juridical dimensions of political life and the way political meanings shape courts and trials. Broad in its historical and cultural sweep, impressive in its scholarship, uniformly persuasive, Political Trials in Theory and History will quickly become a must-read among students of law and politics.' Austin Sarat, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College, Massachusetts'All trials are political. Sometimes we see it, sometimes we don't. This collection is a marvelous exploration of that often forgotten fact, demonstrating to us the need to be able to appraise the uses of the criminal law and legal process for many kinds of political ends, some of which we have reason to agree with, while others can only appear as highly dubious. This is an intelligent and timely intervention in a field too often shrouded in technicalities.' Martti Koskenniemi, University of Helsinki and Director of the Erik Castrén Institute of International Law and Human Rights'Criminal trials are fascinating, as Hollywood learned long ago. Political trials are even better: the stakes are higher; the participants loom larger. These fourteen case studies of major trials, organized in accordance with a framework that the editors provide, are genuinely illuminating and wonderfully engaging.' Michael Walzer, Professor Emeritus, Institute for Advanced Study, Princeton University, New Jersey'Political trials in theory and history shows that, in too many trials, it is very difficult to separate the administration of justice from explicit or, more often, implicit political goals. The book makes two key contributions to the understanding of political trials. The first comes from a rather dense, though well-articulated, introductory chapter from the editors. The second is a list of inspiring case-studies devoted to 14 trials held across 25 centuries, from Socrates to Guantánamo Bay.' Daniele Archibugi, International AffairsTable of Contents1. Political trials in theory and history Jens Meierhenrich and Devin O. Pendas; 2. The trial of Socrates as a political trial: explaining 399 BCE Josiah Ober; 3. The trial and crucifixion of Jesus: a formal model Ron E. Hassner and Kenneth Sexauer; 4. Jan Hus in the medieval ecclesiastical courts Thomas A. Fudge; 5. The French Revolutionary trials Laurence Winnie; 6. The Soviet Union, the Nuremberg Trials, and the politics of the postwar moment Francine Hirsch; 7. 'Brown v. Board of Education': private civil litigation as a political trial Mark Tushnet; 8. The Eichmann trial in law and memory Devin O. Pendas; 9. In the theater of the rule of law: performing the Rivonia trial in South Africa, 1963–4 Jens Meierhenrich and Catherine M. Cole; 10. China's Gang of Four trial: the law v. the laws of history Alexander C. Cook; 11. Anger, honor, and truth: the political prosecution of Neopolitan organized crime Marco Jacquemet; 12. 'This following orders thing is very relative': ascriptions and performances of responsibility in the Causa ESMA, 1983–7 Christiane Wilke; 13. The Microsoft case as a political trial William H. Page and John E. Lopatka; 14. The trials of Khodorkovsky in Russia Richard Sakwa; 15. Nashiri in Gitmo: the wages of legitimacy in trials before the Guantanamo Military Commissions Lawrence Douglas.
£99.75
Cambridge University Press International Law Reports Consolidated Index 3 Volume Hardback Set
£438.90
Cambridge University Press Rules of Origin in International Trade
Book SynopsisThis book provides comprehensive, in depth analysis of the different sets of rules of origin adopted by major trading partners, namely EU, US, China and Japan and all trading regions - Asia, Africa and Latin America. It discusses the current status of non-preferential as well as preferential rules of origin in international trade, their evolution over last decades and tendencies for the future. With its multidisciplinary approach, the book''s contents provide legal and economic comparative analysis of different sets of rules origin, reviewing their drafting differences and their implications and impact on industrial and investment environments. Drawing from the thirty years'' experience of the Author, the book provides insights from trade negotiations along with practical tools for policy makers and practitioners, orientation for the private sector and analytical tools for researchers. A new methodology to draft product specific rules of origin based on an input-output table elaboratedTable of ContentsPreface; Abbreviations; 1. Efforts to establish multilateral rules; 2. The Uruguay round agreement on rules of origin: the harmonization work programme of non-preferential rules of origin; 3. Preferential rules of origin; 4. The economics of rules of origin; 5. Experiences in drafting preferential rules of origin in GSP schemes, Africa, Asia and Latin America; 6. Drafting rules of origin; 7. The administration of rules of origin.
£109.25
Cambridge University Press ForeignRelated Arbitration in China 2 Volume Hardback Set
£256.50
Cambridge University Press Principles of Property Law
Book SynopsisPrinciples of Property Law offers a critical and contextual analysis of fundamental property law concepts and principles, providing students with the necessary tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general property principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a range of tangible and intangible things. Also drawing on concepts of property developed by political and legal theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduate law students studying property and land law in England, Wales and Northern Ireland, as well as postgTrade Review'Principles of Property Law is a worthy addition to the Law in Context series. Beautifully written in a simple style, pitched at students who are new to property law, this is in fact much more than an introductory text. It provides a vivid and scholarly account of complex theories and philosophies of property, illustrating and critiquing them through the use of examples from real life and from legal provisions. Although the focus is on English law, the author usefully brings in comparative examples from a range of other jurisdictions. The book is very carefully structured so that the reader is moved from the general to the particular ('Registration' and 'Leases' are the last two chapters) without losing sight of the various theoretical approaches, a thread which holds the whole book together.' Sarah Blandy, University of SheffieldTable of ContentsPreface; Table of Cases; 1. What Property Is and Why It Matters; 2. Conceptions and Justifications; 3. Allocation of Property Rights; 4. Property and Human Rights; 5. Ownership and Other Property Interests; 6. New Property Interests and the Numerus Clausus; 7. Objects of Property Interests; 8. Property Interest Holders; 9. Multiple Property Rights Systems: Recognition of Indigenous Land Rights; 10. Limitations on Property; 11. Possession and Title; 12. Adverse Possession of Land; 13. Non-possessory Land Use Rights; 14. Acquiring Interests Informally; 15. Enforceability and Priority of Property Interests: General Principles; 16. Registration; 17. Leases; Index.
£94.99
Cambridge University Press Boundaries of Loyalty
Book SynopsisTalmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God''s Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of ''Mesirah'' has wrongfully come to be prominently associated with this law regulating testimony.Trade Review'This is a fascinating book about the history of a particular halachic (Jewish legal) concept; namely, the issue of a Jew providing testimony against a fellow Jew in a non-Jewish court. … The book is a masterpiece of legal analysis and a brilliant case study of tracing an interesting and relevant legal concept through nearly two thousand years of legal history. … The writing is clear and lucid, and even though it is structured in a manner similar to a legal treatise, this book can be understood by anyone interested in the subject matter at hand or someone with an even basic familiarity with Jewish law.' David Tesler, Association of Jewish LibrariesTable of ContentsAcknowledgements; Introduction; 1. The use of non-Jewish courts: the Tannaitic period; 2. Legislative constraint on testimony: the Amoraic period; 3. Rejected rationales of testimonial restriction: the Gaonic period into the period of the Rishonim; 4. Creation of a duty to testify against fellow Jews in non-Jewish courts in the period of the Rishonim: i.e. under what circumstances could testimony in an honest non-Jewish court be required by Jewish law (and testimony then be permissible even in corrupt non-Jewish courts)?; 5. The tension between responsa and codification: not every good ruling makes a good rule Maharam Mintz, Rabbi Joseph Caro and Rabbi Moshe Isserlis; 6. Further expansion of the duty to testify against fellow Jews in non-Jewish courts in the period of the Acharonim: R. Yaacov Emden; 7. Contemporary attempts to revert to the original law of Rava: expanding the boundaries of loyalty; 8. Conclusion: reflections on loyalty and law; Bibliography; Index.
£64.59
Cambridge University Press Martial Law and English Laws c.1500c.1700
Book SynopsisJohn M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King''s laws. Further, it was a vital component of both England''s domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.Trade Review'[Collins] offers a comprehensive history of a law that has been 'hiding in plain sight', neglected, or misunderstood by generations of lawyers and historians influenced by martial law's subsequent history. The result is a rich and important study that has implications for the wider histories of empire, governance, and the nature of legal change.' Tim Stretton, Journal of Modern History'The book is well written and follows a logical structure. … achieves much in its wider aims of helping readers make sense of the many forms martial law took in the Anglophone world over this long and complicated period.' Andrew Hopper, The English Historical ReviewTable of ContentsIntroduction; Prologue; Part I. A Jurisprudence of Terror: 1. Making martial law; 2. Making summary martial law; 3. Transforming martial law; Part II. Martial Law and English Parliaments: 4. Bound by wartime: martial law and the petition of right; 5. Unbound by parliament: martial law and the Wars of the Three Kingdoms; 6. Bound and unbound: martial law in the Restoration empire; 7. The rise of martial law; Conclusion; Manuscript bibliography; Index.
£85.50
Cambridge University Press International Commercial Litigation
Book SynopsisTaking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.Trade Review'Professor Hartley has drawn on his extensive theoretical and practical knowledge of private international law both in the EU and the US in order to produce this comparative study on international commercial litigation. He demonstrates a superb ability to explain the law and the underlying principles both in the EU and the US. This book is essential reading for anyone interested in understanding the complicated issues of cross-border litigation in the major legal systems. It is also a first-class textbook with a very pedagogical structure and attitude where [the] author challenges the reader by asking questions to case law that is extensively reproduced in the book … an invaluable piece of scholarship for students and scholars alike.' Peter Arnt Nielsen, Copenhagen Business School'… an excellent piece of scholarship presented in a pedagogically optimal manner. It can serve both as a comprehensive textbook for in-depth courses on private international law or international trade law, as well as a reliable and useful handbook for legal practitioners.' Michael Bogdan, University of Lund'This textbook provides students and others interested in international commercial litigation with an excellent and accessible analysis from an EU, English, Canadian and US perspective. It covers the full breadth of international jurisdiction, recognition and enforcement of judgments, selected other topics of procedure and choice of law rules, and is richly illustrated by case law and references to the relevant rules. Hartley manages to strike a good balance between an insightful overview of the subject and an in-depth analysis of topical issues.' Xandra E. Kramer, Erasmus University RotterdamTable of ContentsPart I. Starting Off: 1. Introduction; Part II. Jurisdiction: 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. The traditional English rules; 6. Developments in Canada; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to Part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. The Canadian conflicts (judgments) revolution; 18. US law: some highlights; Part IV. Procedure: 19. Freezing assets; 20. Obtaining evidence abroad: forum procedures; 21. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 22. Introduction to choice of law; 23. Torts; 24. Contracts: the principle of party autonomy; 25. Contracts: legal policy and choice of law; 26. The common-law countries: regulating business, protecting employees and helping consumers; 27. Foreign currency; 28. Property: tangible movables; 29. Contractual rights and property interests – I; 30. Contractual rights and property interests – II; 31 Contractual rights and property interests – III.
£126.90
Cambridge University Press Rules and Practices of International Investment Law and Arbitration
Book SynopsisInternational investment law and arbitration is its own ''galaxy'', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.Trade Review'Rules and Practices of International Investment Law and Arbitration is a remarkably clear and accessible treatment of what is currently the most complex and dynamic area of international law. While established substantive and procedural concepts are thoroughly explained, Professor Radi does not shy from revealing the critical fault lines and perennial bugbears in the field in their most controversial light. Beyond showing us the status quo, the coverage of the evolution in treaty practice and new policy initiatives makes this book a harbinger of the path to ISDS reform.' Brooks W. Daly, Deputy Secretary-General and Principal Legal Counsel, Permanent Court of Arbitration'A clear, precise, well-constructed work that provides an effective key to understanding a subject that has become complex and prolific. The author has been able to take sufficient distance to grasp the dominant logic as the main features of this branch of international law, while providing precise analyses of the evolution of arbitral jurisprudence. An indispensable tool for students and practitioners alike.' Pierre-Marie Dupuy, Emeritus Professor, University Paris 2 Panthéon-Assas'This book offers an extensive, practice-oriented analysis of the procedural, substantive and institutional aspects pertaining to international investment law, while also exploring its theoretical underpinnings and recent crisis of legitimacy. Professor Dr Radi has written a comprehensive work of reference that will be extremely useful for scholars and practitioners of investment arbitration alike.' Albert Jan van den Berg, Founding Partner, Hanotiau & van den BergTable of Contents1. The History of International Investment Law and Arbitration; 2. The Sources of International Investment Law and Arbitration; 3. Introduction to the Substantive Rules Protecting Foreign Investments and Public Interests; 4. Promotion, Facilitation, Admission and Establishment of Foreign Investments; 5. Standards of Treatment; 6. The Protection Against Illegal Expropriation; 7. Public Interest Limitations on Foreign Investors' Protection; 8. Obligations to Protect and Respect Public Interests; 9. Insurance Against Political Risks; 10. Classification of Investment-related Disputes and Dispute Settlement Mechanisms; 11. Investor-State Arbitration: Historical, Institutional and Procedural Dimensions; 12. Applicable Law and Interpretation; 13. Provisional Measures; 14. Jurisdiction and Admissibility; 15. Investor-State Arbitration and the Law of State Responsibility:Attribution, Circumstances Precluding Wrongfulness and Reparation; 16. ICSID Convention Annulment Proceedings.
£94.99
Cambridge University Press Incitement on Trial
Book SynopsisInternational and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies ''revenge speech'' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.Trade Review'As advocates and courts struggle to address the intuition that speech is to blame for sometimes massive harm, Richard Ashby Wilson has given the cutting edge topic social scientific richness and reflective depth. A superb achievement.' Samuel Moyn, Yale Law School'Richard Wilson's Incitement on Trial makes a powerful argument about how the law should address conduct that often plays a crucial role in fomenting crimes against humanity and genocide. It is an outstanding book.' Aryeh Neier, President Emeritus, Open Society Foundations'Professor Richard Ashby Wilson's Incitement on Trial: Prosecuting International Speech Crimes is an outstanding text on a frequently misinterpreted, if not ill-used, area of international criminal law - the crime of incitement. What distinguishes Incitement on Trial from many other texts on substantive international criminal law is that it is based in part on extensive original empirical research. … Wilson has authored a highly useful and out-of-the box treatise on the crime of incitement, and in no small measure, the mode of liability, instigation. Incitement on Trial makes an invaluable contribution to this field of international criminal law. Judges, prosecutors, defense lawyers, and civil party lawyers are well advised to not only consult his gem, but to take the time to study much of what is covered, including some of the rich material referenced by Wilson.' Michael Karnavas, michaelgkarnavas (www.michaelgkarnavas.net/blog)'The book is a very sharply focussed examination of the workings of the international court and its treatment of the inchoate crime of incitement. As such it would be most at home in academic law libraries with strong international criminal collections.' David Hurren, Canadian Law Library Review'Wilson provides an interesting and thorough analysis of the effects of speech acts. Moreover, to discover how far the assumptions underlying the law in this area are based in fact, Wilson draws on his own empirical studies, his statistical database of ICTY [International Criminal Tribunal for the former Yugoslavia] experts, and original research on the effects of hate speech …' Wibke K. Timmermann, Journal of International Criminal Justice'Wilson's book is pioneering in its ambitious goal of offering concrete suggestions regarding how different types of knowledge can inform the legal doctrine of international criminal law, enhancing the law's ability to offer an effective regulatory response to inciting speech.' Nicola Palmer and Felix Kroner, International Journal of Transitional JusticeTable of Contents1. Inciting speech in international law and social science; 2. Direct and public incitement to commit genocide: an inchoate crime; 3. Causation in international speech crimes; 4. Instigating persecution: the prosecution case against Vojislav Šešelj; 5. Metaphors, agency and mental causation in speech crimes trials; 6. Social research in international speech crimes trials; 7. The social science of persuasion; 8. A new model for preventing and punishing international speech crimes.
£69.35
Cambridge University Press ConflictRelated Violence Against Women
Book SynopsisBy comparatively assessing three conflict-affected jurisdictions (Liberia, Northern Ireland and Timor-Leste), Conflict-Related Violence against Women empirically and theoretically expands current understanding of the form and nature of conflict-time harms impacting women. The ''violences'' that occur in conflict beyond strategic rape are first identified. Employing both a disaggregated and an aggregated approach, relations between forms of violence within and across each context''s pre-, mid- and post-conflict phase are then assessed, identifying connections and distinctions in violence. Swaine highlights a wider spectrum of conflict-related violence against women than is currently acknowledged. She identifies a range of forces that simultaneously push open and close down spaces for addressing violence against women through post-conflict transitional justice. The book proposes that in the aftermath of conflict, a transformation rather than a transition is required if justice is to playTable of ContentsPart I. Introduction: 1. Introduction; Part II. Approaches to Understanding Conflict-Related Violence Against Women: 2. Historic prevalence vs contemporary celebrity: sexing dichotomies in today's wars; 3. Who wins the worst violence contest? Armed conflict and violence in Northern Ireland, Liberia and Timor-Leste; Part III. Violence Against Women before, during and after Conflict: 4. Beyond strategic rape: expanding conflict-related violence against women; 5. Connections and distinctions: ambulant violence across pre-, during and post-conflict contexts; 6. Seeing violence in the aftermath: what's labeling got to do with it?; Part IV. Justice, Transition and Transformation: 7. Transitions and violence after conflict: transitional justice; 8. Conclusion: transition or transformation?
£90.25
Cambridge University Press Criminal Law in Liberal and Fascist Italy
Book SynopsisBy extending the chronological parameters of existing scholarship, and by focusing on legal experts'' overriding and enduring concern with ''dangerous'' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (18611922) to the Fascist era (192243). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom''s penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penaTrade Review'Professor Garfinkel's book is one of those rare works of original scholarship that succeeds in covering both the Liberal and Fascist eras in Italian history at the national level. By concentrating on common crime rather than political crimes, he has developed an extremely original thesis that challenges the established interpretations of jurisprudence in the nineteenth and twentieth centuries.' Anthony Cardoza, Loyola University, Chicago'Paul Garfinkel's vivid account of the development of Italian criminal justice from the perspective of prominent criminal law practitioners relies on a stunning array of sources to craft a convincing argument. An insightful contribution to the study of European law and society, the book offers an important counterpoint to prevailing historiography.' Maura Hametz, Old Dominion University, Virginia'Eloquently written, and with a welcome focus on the treatment of ordinary rather than political crime, Garfinkel's ground-breaking book persuasively challenges scholarly understandings of the ideas and debates inspiring penal reform in Liberal Italy and the first decade of Mussolini's fascist regime.' Jonathan Dunnage, Swansea University'This elegantly written and widely researched study of criminal law in liberal and fascist Italy challenges the widely accepted view that Italy's 1930 criminal law code was fascist, positivist and anti-liberal in inspiration. Engaging with the wider debates on the relationship between liberalism and fascism, Paul Garfinkel's conclusions will attract the attention of scholars in many different fields.' John Davis, University of ConnecticutTable of Contents1. Body count; 2. Civilized violence; 3. Force of habit; 4. Tomorrow's criminals; 5. Grapes and wrath; 6. Coup, casualty and catalyst: the Ferri Code, 1919–25; 7. Fascism's legal Risorgimento, 1925–31; Conclusion.
£84.55
Cambridge University Press Exhausting Intellectual Property Rights
Book SynopsisThis book appeals to a broad range of researchers and practitioners whose work engages with intellectual property and international trade. Lawyers, economists, international relation specialists, and policymakers will find much of value in this book, especially those wanting to learn more about comparative and international law.Trade Review'A first-rate transnational survey on the exhaustion question addressing a range of critical issues.' Frederick Abbott, Edward Ball Eminent Scholar Professor of Law, Florida State University College of Law'Great achievement by two prominent scholars! Drawing on case law, comparative law and clear examples and implications, Calboli and Ghosh have produced a first-class analysis of the intricacies of the key questions and the policies underlying the choice of exhaustion regime. Its comprehensive analysis of different IP regimes and the enlightening interactions with international trade, the digital environment, competition law, makes this instructive and attractively written book a must for policy makers, professionals and academics.' Pedro Roffe, Senior Fellow, International Center for Trade and Sustainable Development (ICTSD)'This book addresses the most important feature of intellectual property rights from the perspective of international trade. Discussing a range of exhaustion topics - from recent changes in the US law of exhaustion to the challenges of exhaustion in the digital realm - Professors Ghosh and Calboli share their vast knowledge of comparative intellectual property law and offer a thoughtful overview of the complex landscape of the exhaustion principle.' Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, William S. Boyd School of Law, University of Nevada, Las Vegas"The authors have given us an invaluable treatise covering both the legal and economic aspects of the complex subject of parallel imports and the doctrine of exhaustion of intellectual property rights. This book - which is very readable - should be an essential resource for intellectual property scholars from the disciplines of both law and economics.' Jayashree Watal, Counsellor, Intellectual Property, Government Procurement and Competition Division, World Trade OrganizationTable of ContentsForeword Jerome Reichman; 1. The persistent policy pull of exhaustion; 2. Incentives and exhaustion policy; 3. Exhaustion and international trade; 4. Trademark exhaustion across jurisdictions; 5. Patent exhaustion across jurisdictions; 6. Copyright exhaustion across jurisdictions; 7. Overlapping rights and exhaustion; 8. Exhaustion in the digital age; 9. Exhaustion policy: challenges and choices.
£95.00
Cambridge University Press European Criminal Law
Book SynopsisSince their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. This project has been met with a series of challenges. European Criminal Law offers a compelling insight into the development and functions of European criminal law. It tracks the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation. While the rapid expansion and transnationalisation of criminal law is a necessary response to the growing numbers of free movement of persons and goods, it has serious implications for the rights of European citizens and needs to be balanced with rights protections. With its close analysis of secondary legislation and reliance on a wide variety of original sources, this book provides a thorough understanding of European Criminal Law and the institutions involved.Table of Contents1. Foundations: history, concept and subject of European criminal law; 2. The protection of fundamental rights in Europe; 3. Europeanised substantive criminal law in the broader sense (Council of Europe and EU); 4. Procedural law: police and judicial cooperation; 5. Institutionalisation; 6. General literature.
£135.00
Cambridge University Press Risks Rewards and Regulation of Unconventional Gas
Book SynopsisThe global energy transition from carbon-intensive to renewable fuels has increasingly demanded a better understanding of the causes and consequences of the rapid development of unconventional oil and gas. Focusing on key countries including the United States, Canada, China, Argentina, the United Kingdom and Australia, this book consists of case studies and in-depth analyses that weigh up the risks and rewards at regional, national and global scales. Explaining how and why unconventional fuels are transforming the global energy landscape, the strengths, weaknesses, opportunities and threats are explored through a political, economic and governance-based perspective. Emphasis is placed on how to regulate the industry, encompassing local issues, stakeholder engagement and the social licence to operate. The new baseline studies and standards introduced in this book provide a timely insight into the trade-offs across the social, economic and environmental domains, making this ideal for researchers and policymakers in energy fields, and for graduate students.Trade Review'Risks, Rewards and Regulation of Unconventional Gas is a useful and thought-provoking book. It provides a foundation for further research and analysis. A complete reading brings to the surface two general issues that might otherwise lay hidden in the deeper strata of law and policy. First, what is the role of higher-order rules in the development of unconventional gas? … Second, the book also raises (by the vacuum of omission) the most interesting and important question in natural resources law today: to what degree are governments and institutions victims of 'regulatory capture'?' James Hickling, The Cambridge Law JournalTable of ContentsForeword; Preface; Acknowledgements; 1. The rise of unconventional gas: the story so far Ian Cronshaw, R. Quentin Grafton and Michal Moore; 2. Geopolitical dimensions of global unconventional gas perspectives Frank Umbach; 3. Unconventional gas development in Asia-Pacific: looking for common ground Juan Roberto Lozano-Maya; 4. Unconventional hydrocarbons and the US technology revolution Martin Evans; 5. Risks and opportunities of unconventional natural gas: Australia and the United States Ian Cronshaw and R. Quentin Grafton; 6. Economics of shale gas in the United States Francis O'Sullivan; 7. Unconventional natural gas in China LV Jianzhong and Zhang Huanzhi; 8. The Argentina approach for developing unconventional gas resources Luis Stinco and Silvia Barredo; 9. Unconventional gas in the United Kingdom Michael Bradshaw; 10. Alberta natural gas: landlocked largesse Michal Moore; 11. Managing the regulatory risk of unconventional natural gas Michal Moore; 12. Regulation of unconventional gas in Colombia Ana Cristina Sánchez-Thorin and Orlando Cabrales; 13. Regulation of unconventional gas in India Vijay Kelkar and Rahool Panandikar; 14. Failure to frack: pitfalls of governance and risk in Polish shale gas Michael Carnegie LaBelle; 15. Unconventional gas regulation in Australia and the US: case studies of four jurisdictions Ian Cronshaw and R. Quentin Grafton; 16. Regulation of unconventional hydrocarbons in Alberta, Canada Michal Moore; 17. When unconventional becomes conventional: regulation of natural gas development in British Columbia, Canada Paul Jeakins; 18. Leading practice regulation for unconventional reservoir development in South Australia Barry Goldstein, Michael Malavazos and Belinda Hayter; 19. Best practice for community engagement: determining who and what is at stake? Peta Ashworth; 20. Managing the impact of coal seam gas water extraction in the Surat basin Randall Cox; 21. Whole of landscape assessment and planning in the management of unconventional natural gas exploration and production in Australia John Williams, Ann Milligan and Tim Stubbs; 22. Unconventional energy in British Columbia: a post-Tsilhqot'in view William Nikolakis; 23. Fugitive emissions from coal seam gas production Stuart Day; Appendix; Glossary; Index.
£83.59
Cambridge University Press Bioethics in Action
Book SynopsisA collection of bioethical case studies that shows why ethical behaviour matters more than bioethics commentary. Will be of interest to those working and teaching in bioethics, health law, research ethics, public policy, medical technology and pharmaceutical development, governmental affairs, and the history and philosophy of science and medicine.Trade Review'It is difficult to imagine an ethicist who would not find a keen interest in one, or more likely most, of the chapters in this book. Similarly, anyone with an interest in medical law will find the topics here stirring. I use the word 'stirring' consciously - as this is what the book aims to do and does it well.' Ewa Posner, Medical Law ReviewTable of Contents1. More than words Alice Dreger and Françoise Baylis; 2. Where there's smoke, there's Pfizer Françoise Baylis and Jocelyn Downie; 3. 'So what?': historical contingency, activism and reflections on the studies in Tuskegee and Guatemala Susan M. Reverby; 4. Twenty years of working toward intersex rights Alice Dreger; 5. Working with public citizen: an academic-NGO collaboration Ruth Macklin; 6. Repro tech's legacy of omission Miriam Zoll; 7. Establishing pediatric palliative care – overcoming barriers Joel Frader; 8. History and philosophy of science engaging the public Jane Maienschein; 9. The Flint water crisis Aron Sousa.
£95.00
Cambridge University Press Emerging Powers in the International Economic Order
Book SynopsisThe post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.Table of Contents1. Introduction; 2. Cooperation narratives and theoretical divergences; 3. Developing countries' love-hate relationship with neoliberalism; 4. Seeking a new balance of rights and obligations in international investment law; 5. Emerging economies, developmental strategies, and trade standards: the search for alternative space; 6. Emerging economies and the future of the global trade and investment regime.
£95.00
Cambridge University Press Bringing International Fugitives to Justice
Book SynopsisA novel and robust framework for the operational and legal analysis of recovering fugitives abroad, Bringing International Fugitives to Justice addresses how states, working alone, in cooperation, or with third-party intervention, strive to secure the custody of fugitives in order to bring them to justice - for prosecution or punishment purposes - while evaluating the lawfulness of those pursuit efforts. The book introduces redefined terms and new concepts to add precision to the discourse; sets forth comprehensive typologies, including of extradition arrangements and impediments; and provides a mapping to account for the full range of means and methods - extradition, collateral and remedial approaches to extradition, and full-scale and fallback alternatives to extradition -by which international fugitives can be retrieved. The study considers the judicial, diplomatic, and policy consequences of reliance on the more aggressive or controversial alternatives, proffering recommendations that, if adopted, could facilitate the recovery of fugitives while minimizing associated risks.Trade Review'Bringing International Fugitives to Justice provides an in-depth and very nuanced discussion of the policies and practical issues concerning extradition and the alternatives. It excels in combining law, diplomacy, and practical aspects concerning the field. It is well researched and annotated. The author's background in government, private practice, and academia enables him to capture well the many issues with which practitioners and policy-makers must grapple. The comprehensive approach to this subject will make it invaluable to a wide variety of professionals.' Bruce Zagaris, Partner, Berliner, Corcoran and Rowe, LLP, Washington, DC, and Editor-in-Chief, International Enforcement Law Reporter'This is indeed a timely work by a writer with extensive knowledge and relevant experience. Thoroughly examining the nature and scope of extradition, it covers such critical issues as remedial means to secure extradition and the alternatives to extradition, including unilateral measures. It seeks to provide a new analytical framework for understanding the operational means available to a state wishing to bring a fugitive to justice and is thoughtful, proactive, and practical. A study sure to prove influential in a fast-moving and difficult environment.' Malcolm N. Shaw, QC, Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge, and Practicing Barrister, Essex Court Chambers, London'This is an excellent one-volume analysis of myriad ways that states pursue custody of persons located abroad, through extradition and alternative (sometimes controversial) tactics. Unlike other studies, Sadoff does not focus on a particular state or region, but instead addresses the relevant law, politics, and practice from a global perspective.' Sean D. Murphy, Patricia Roberts Harris Research Professor of Law, George Washington University, and Member, UN International Law CommissionTable of ContentsIntroduction; Part I. Background Context: 1. Core terminology: a fresh look; 2. Subject matter jurisdiction; 3. 'Silver platter' scenarios; Part II. Extradition and its Impediments: 4. Extradition; 5. Impediments I: legal standards and governmental factors; 6. Impediments II: individual status and circumstances; 7. Impediments III: inter-state relations and sensitivities; Part III. Remedial and Collateral Means to Secure Extradition: 8. Initiatives, inducements, and interventions; Part IV. Fallback Alternatives to Extradition: 9. Partial or redirected alternatives; Part V. Full-Scale Alternatives to Extradition: 10. Alternative I: reliance on immigration laws; 11. Alternative II: informal law enforcement cooperation; 12. Alternative III: unilateral measures; Part VI. Post-Return Review, Recourse, and Impact: 13. Judicial, diplomatic, and policy dimensions; Conclusion; Glossary; Bibliography; Index.
£98.80
Cambridge University Press The Cambridge Handbook of Technical
Book SynopsisTechnical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort andenablenew market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses onkey areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.Trade Review'Judging by its impressive bibliography of almost thirty pages, this book, with its illuminating commentary, is obviously the result of careful and extensive research and therefore a valuable investigative tool for practitioners, judges and academics keen to enhance their understanding of this particularly fascinating and fast developing area of law.' Elizabeth Robson and Phillip Taylor, The Barrister'This book is useful for researchers, practitioners, post-graduate students, lawyers, judges, policy makers, and most importantly to all those who are involved in communication standardization activities in any capacity.' Mubashir Husain Rehmani, IEEE Communications MagazineTable of ContentsIntroduction Jorge L. Contreras; Part I. Standardization and the State: 1. International trade law and technical standardization Panagiotis Delimatsis; 2. Government use of standards in the US and abroad Emily S. Bremer; Part II. Standardization, Health, Safety and Liability: 3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton; 4. Tort liability for standards development in the United States and European Union Paul Verbruggen; Part III. Copyright and Standards: 5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto; 6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner; 7. Public law, European constitutionalism and copyright in standards Björn Lundqvist; 8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki; Part IV. Standards and Software: 9. Open standards Jay P. Kesan; 10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec; 11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos; Part V. Trademarks, Certification and Standards: 12. Trademarks, certification marks and technical standards Jorge L. Contreras; 13. The unregulated certification mark(et) Jeanne C. Fromer; 14. The certification paradox Jonathan M. Barnett.
£166.25
Cambridge University Press Heavy Laden
Book SynopsisDrawing on archival materials, the authors highlight the diversity and severity of psychological distress among white and African-American veterans of the Union army. Their findings concerning the recognition of veterans' post-traumatic stress disorders, treatment programs, and suicide rates will inform current studies on how to effectively cope with this enduring disability in former soldiers.Trade Review'The hidden injuries of war are by no means an invention of the last hundred years. Veterans of the American Civil War carried the often silent and unacknowledged traces of combat with them, in body and soul, for the rest of their lives. Logue and Blanck merit our gratitude for having brought the American soldiers of 1861–65, Northerners and Southerners, black and white, into the growing body of literature on the war-related mortality and morbidity of soldiers who return from war.' Jay Winter, author of War beyond Words: Languages of Remembrance from the Great War to the Present and editor of The Cambridge History of the First World War'Suicide amongst veterans is an enigma. It is shocking, deeply disturbing, and tragic in nature, with the potential of damning the impact of war. But, it is subject to extremes: it can either defy analysis due to underreporting and the elusive nature of assigning causation, or it can slip into a melodramatic tirade against war. Logue and Blanck recognize the subtleties of the subject, and deliver a nuanced consideration of the plight of Civil War veterans, centering on the topic of suicide. A must-read for those concerned about the impact of this or any war.' Eric T. Dean, Jr, author of Shook over Hell: Post-Traumatic Stress, Vietnam, and the Civil War'Logue and Blanck offer groundbreaking analyses and insights of how veterans across the spectrum of humanity perceived and coped with warfare's consequences. Logue and Blanck brilliantly open up new historical vistas, reminding me of the promise by which I closed The Center Cannot Hold: 'the humanity we all share is more important than the mental illness we may not'.' Elyn Saks, author of The Center Cannot Hold: My Journey through Madness, from the foreword'An important read for students of veterans affairs.' The NYMAS Review'… [the authors'] expansive source base, illuminating demographic comparisons, and nuanced portrait of the distinctive burden that Civil War soldiers had to bear are impressive.' Kathryn Shively Meier, The Journal of Interdisciplinary History'This genuinely interdisciplinary work offers the exciting potential opportunity for further research into veteran communities which integrates History, Law, Disability Studies, Medicine, and Policy.' Michael Robinson, War in HistoryTable of ContentsIntroduction; 1. What is a Union veteran?; 2. Changed men; 3. When war came; 4. Perilous years; 5. Aftershocks; 6. Trials of black veterans; 7. Heavy laden; Conclusion.
£95.00
Cambridge University Press An Introduction to the International Criminal Court
Book SynopsisThe International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court''s troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.Table of Contents1. Creation of the Court; 2. The Court becomes operational; 3. Jurisdiction; 4. Triggering the jurisdiction; 5. Admissibility; 6. General principles of criminal law; 7. Investigation and pre-trial procedure; 8. Trial and appeal; 9. Punishment; 10. Victims of crimes and their concerns; 11. Structure and administration of the Court; Appendices: Appendix 1. Rome Statute; Appendix 2. States parties and signatories; Appendix 3. Declarations and reservations; Appendix 4. Objections.
£95.95
Cambridge University Press Tax and Culture
Book SynopsisTax scholars traditionally emphasize economics and assume that all tax systems can be evaluated in more or less the same way. By applying the insights of anthropology, sociology, and other social sciences, Michael A. Livingston demonstrates that tax systems frequently pursue different values and that the convergence of tax systems is frequently overstated. In Tax and Culture, he applies these insights to specific countries, such as China and India, and specific tax issues, including progressivity, tax avoidance, and the emerging area of environmental taxation. Livingston concludes that the concept of a global tax culture is, in many cases, merely a reflection of Western hegemony, and is unlikely to survive the changes implicit in the rise of non-Western nations and cultures.Trade Review'The book Tax and Culture: Convergence, Divergence, and the Future of Tax Law, by Michael Livingston, makes an exceptionally valuable contribution to the field of critical tax scholarship, and to tax legal scholarship more broadly.' Ann Mumford, British Tax ReviewTable of Contents1. Introduction: comparative law and its relevance to the tax field; 2. Tax anthropology: attitudes, behaviors, and the role of historical contingencies; 3. Tax sociology: the significance of tax institutions; 4. Convergence, divergence, and the persistence of national differences; 5. Case studies I: the tax cultures of selected Western and nonwestern countries; 6. Case studies II: progressivity, tax avoidance, and environmental taxes; 7. Conclusion: the limits of globalization and the continuing importance of culture.
£89.29
Cambridge University Press Indigenous Knowledge for Climate Change Assessment and Adaptation
Book SynopsisThis unique transdisciplinary publication is the result of collaboration between UNESCO''s Local and Indigenous Knowledge Systems (LINKS) programme, the United Nations University''s Traditional Knowledge Initiative, the IPCC, and other organisations. Chapters, written by indigenous peoples, scientists and development experts, provide insight into how diverse societies observe and adapt to changing environments. A broad range of case studies illustrate how these societies, building upon traditional knowledge handed down through generations, are already developing their own solutions for dealing with a rapidly changing climate and how this might be useful on a global scale. Of interest to policy-makers, social and natural scientists, and indigenous peoples and experts, this book provides an indispensable reference for those interested in climate science, policy and adaptation.Table of ContentsForeword; 1. Indigenous knowledge for climate change assessment and adaptation: introduction Douglas Nakashima, Jennifer Rubis and Igor Krupnik; Part I. Knowing Our Weather and Climate: 2. Forest, reef and sea level rise in North Vanuatu: seasonal environmental practices and climate fluctuations in Island Melanesia Carlos Mondragón; 3. Annual cycles in indigenous Northwestern Amazon: a collaborative research towards climate change Monitoring Aloisio Cabalzar; 4. Indigenous knowledge in the time of climate change (with reference to Chuuk, Federated States of Micronesia) Rosita Henry and Christine Pam; 5. Local responses to variability and climate change by Zoque indigenous communities in Chiapas, Mexico María Silva Sánchez Cortés and Elena Lazos Chavero; 6. Climate knowledge of Ch'ol farmers in Chiapas, Mexico Fernando Briones; Part II. Our Changing Homelands: 7. Indigenous forest management as a means for climate change adaptation and mitigation Wilfredo V. Alangui, Victoria Tauli-Corpuz, Kimaren Ole Riamit, Dennis Mairena, Edda Moreno, Waldo Muller, Frans Lakon, Paulus Unjing, Vitalis Andi, Elias Ngiuk and Sujarni Alloy; 8. Indigenous knowledge, history and environmental change as seen by Yolngu people of Blue Mud Bay, Northern Australia Marcus Barber; 9. Coping with climate: innovation and adaptation in Tibetan land use and agriculture Jan Salick, Anja Byg, Katie Konchar and Robbie Hart; 10. Seasonal environmental practices and climate fluctuations in Island Melanesia: transformations in a regional system in Eastern Papua New Guinea Frederick H. Damon; 11. Traditional knowledge and crop varieties as adaptation to climate change in SW China, the Bolivian Andes and Coastal Kenya Krystyna Swiderska, Hannah Reid, Yiching Song, Jingsong Li, Doris Mutta, Paul Ongugo, Mohamed Pakia, Rolando Oros and Sandra Barriga; Part III. Confronting Extreme Events: 12. Accounts from tribal elders: increasing vulnerability of the Navajo People to Drought and Climate Change in the Southwestern United States Margaret H. Redsteer, Klara Kelley, Harris Francis and Debra Block; 13. The spirits are leaving: adaptation and the indigenous peoples of the Caribbean coast of Nicaragua Mirna Cunningham Kain; 14. Indigenous reindeer herding and adaptation to new hazards in the Arctic Svein D. Mathiesen, Mathis P. Bongo, P. Burgess, Robert W. Corell, Anna Degteva, Inger Marie G. Eira, Inger Hanssen-Bauer, Alvaro Ivanoff, Ole Henrik Magga, Nancy G. Maynard, Anders Oskal, Mikhail Pogodaev, Mikkel N. Sara, Dagrun Vikhamar Schuler and Ellen Inga Turi; 15. 'Everything that is happening now is beyond our capacity' – Nyangatom livelihoods under threat Sabine Troeger; Part IV. Sources of Indigenous Strength and Resilience: 16. 'Normal' catastrophes or harbinger of climate change? Reindeer-herding Sami facing dire winters in Northern Sweden Marie Roué; 17. Canaries of civilization: small island vulnerability, past adaptations and sea level rise Marjorie V. C. Falanruw; 18. Peasants of the Amazonian-Andes and their conversations with climate change in the region of San Martin Rider Panduro; 19. People of the whales: climate change and cultural survival among the Iñupiat of Arctic Alaska Chie Sakakibara; 20. Indigenous knowledge for climate change assessment and adaptation: epilogue Igor Krupnik, Jennifer Rubis and Douglas Nakashima; Index.
£60.79
Cambridge University Press Alternative Visions of the International Law on Foreign Investment
Book SynopsisThis book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice.Table of ContentsPreface; Acknowledgements; List of treaties, national legislation, cases and awards; Part I: 1. The worm's view of history and the twailing machine C. L. Lim; 2. The liberal vision of the international law on foreign investment Kenneth J. Vandevelde; 3. Caveat investors - where do things stand now? Leon Trakman and David Musayelyan; Part II: 4. Reforming the system of international investment dispute settlement Gus Van Harten; 5. The paranoid style of investment lawyers and arbitrators: investment law norm entrepreneurs and their critics David Schneiderman; 6. The COMESA Common Investment Area: substantive standards and procedural problems in dispute settlement Peter Muchlinski; 7. Lessons from the negotiations of the United Nations Code of Conduct on Transnational Corporations and related instruments Karl P. Sauvant; Part III: 8. India and investment protection Aniruddha Rajput; 9. China-US BIT negotiation and the emerging Chinese BIT 4.0 Wenhua Shan and Hongrui Chen; Part IV: 10. Regulating foreign investment: Methanex revisited Kyla Tienhaara and Todd Tucker; 11. The new frontier: economic rights of foreign investors versus government policy space for economic development Howard Mann; 12. Giving arbitrators carte blanche - fair and equitable treatment in investment treaties Nathalie Bernasconi-Osterwalder; Part V: 13. Is the umbrella clause not just another treaty clause? Chin Leng Lim; 14. Internationalisation and state contracts: are state contracts the future or the past? Jean Ho; Part VI: 15. State capitalism and sovereign wealth funds: finding a 'soft' location in international economic law Jiangyu Wang; Part VII: 16. The many-headed hydra and laws which rage of gain, a chapter in conclusion C. L. Lim; Index.
£118.75
Cambridge University Press Disability and Community Living Policies
Book SynopsisThis book provides a comprehensive analysis of the roots of institutionalization, deinstitutionalization legislation and policies of the twentieth century, and twenty-first-century efforts to promote community living policies domestically and internationally, particularly through the role of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), a landmark treaty adopted on 13 December 2006. Rimmerman shows that deinstitutionalization and community living cannot be examined only in terms of the number of institutions closed but also through the substantial change in values, legislation, and policies supporting personalization, as well as the social participation of people with disabilities. The book includes a significant exploration of United States legislation and important Supreme Court decisions compared with European policies toward community living. Finally it discusses the importance of Articles 12 and 19 of the convention and demonstrates the case of Israel that has used the convention as a road map for proposing a new community living policy.Table of Contents1. Introduction; 2. Theology, eugenics, and the roots of change; 3. The paradigm shift of Articles 12 and 19 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD); 4. Unites States policy towards community living as aspects of non-discrimination; 5. European perspectives on the right to community living; 6. Comparing community living policies: United States vs Europe; 7. Promoting change in community living of people with intellectual disabilities: the case of Israel; 8. Closing remarks.
£99.75
Cambridge University Press A New Era for Mental Health Law and Policy
Book SynopsisThe Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the ''will, preference and rights'' of persons with disabilities ''on an equal basis with others''. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.Trade Review'Wonderful achievement, breaking new ground on the implications of the CRPD for mental health law, policy, and practice. A compelling resource for leaders with and without disabilities in the examination of human rights and personal autonomy as foundational elements for an inclusive world for all people.' Peter Blanck, Chairman Burton Blatt Institute, Syracuse University, New York, and author of eQuality: The Struggle for Web Accessibility by Persons with Cognitive Disabilities'This book is very timely, and with its professionalism and eloquence it will contribute vitally to much-needed discourse on mental healthcare and psychiatry in the post-CRPD era. Today, there remain so many myths and misunderstandings that have built up during long years of discrimination in the name of medicine and psychiatry - so much so, that many have become accepted as 'common sense'. There is an obvious need for basic changes in laws, policies and services, but firstly - in attitudes. This book will be extremely helpful to all those who are willing to make a change.' Dainius Pūras, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of health'This book is a finely balanced analysis of the need to rethink mental health law, policy and practice from a human rights perspective. It is highly accessible, clear and well argued. It analyses the needs for reform and change, and the 'tremendous strategies … required to align law, policy and practice in the mental health context with human rights aspirations for the twenty-first century' (page 5). The author notes there are no absolute answers to contested questions including that of non-consensual psychiatric intervention. Piers Gooding writes with authority and provides a valuable resource for all who will be grappling with these crucial matters in the years ahead.' Helen Herrman AO, Professor of Psychiatry, Orygen, The National Centre of Excellence in Youth Mental Health, and Centre for Youth Mental Health, The University of Melbourne, Australia'The book looks at how the CRPD and its articulation of autonomy, human dignity and solidarity provide a conceptual and practical alternative to existing mental health legislation. It challenges long-held views on mental health legislation and is a timely development given major issues facing mental health systems in Western high-income countries, on which the book concentrates.' Martin Curtice, The British Journal of PsychiatryTable of ContentsIntroduction; Part I. What Do Human Rights Mean for Mental Health Law?: 1. Mental health law: purpose and procedures; 2. Mental health, law and the United Nations Convention on the Rights of Persons with Disabilities: new tools or new paradigm?; 3. Major criticisms of mental health law; Part II. The CRPD-Support Framework and Mental Health: New Tools or New Paradigm?: 4. The CRPD-support framework; 5. Applying the CRPD-support framework in law; 6. Practical examples of the CRPD-suport approach in the mental health context; 7. Navigating the 'flashing amber lights' of the CRPD-support framework: addressing major concerns; Conclusion.
£99.75
Cambridge University Press Climate Change in Practice Topics for Discussion with Group Exercises
Book SynopsisDerived from an undergraduate course taught by the author, this accessible book seeks to challenge and provoke readers by posing a series of topical questions concerning climate change and society. Topic summaries provide answers to technical, socio-economic and moral questions surrounding the deployment of climate science. These include how to build and test a climate model, whom and what is most at risk from climate change, and whether we should geoengineer the climate. Practical exercises and case studies provide deeper insights by taking readers through role-play activities and authentic climate change projects. Supporting materials, including notes for instructors and students, graphics, video-clips, games, and online resources, offer scope for further private study and group work. With a focus on applying climate science in practice, this book is ideal for students of geography, natural science, engineering and economics, as well as practitioners involved in the climate service iTrade Review'The most engaging book I have read about climate change in many years. I found it difficult to put down! It takes a fresh and novel perspective on climate change science, through critical analysis of the utility and applicability of the science for use in society. Comprehensively researched and up to date, many of the issues discussed relate to recent debates and developments in the field of climate change science and policy. At each stage, the scientific and societal challenges of the production and use of the scientific material is considered. The exercises are novel, thought-provoking, and will engage today's students - I look forward to applying them in my own classroom. The book is extremely well written, in accessible language, and is brimming over with relevant and attractive photographs, maps and diagrams. It will appeal to students, instructors, decision-makers, and researchers of climate change alike.' Rachel Warren, University of East Anglia'Climate Change in Practice is an excellent and much needed book that challenges the reader to think broadly about a range of issues surrounding the climate change debate. The author has a unique range of expertise and experiences to tackle such broad topics. While intended for students and practitioners in the climate services industry, the book also provides a very valuable context not only for the climate-interested public but also for climate researchers, regarding the technical, socio-economic and moral questions surrounding the applications of climate science.' Judith Curry, Georgia Institute of Technology'Wilby's Climate Change in Practice could hardly have come at a more timely moment as the debate around climate change mitigation is sharpened by recent political developments. Illustrated throughout by relevant real world problems, accessible to the lay person, and informative for experts, this is an enjoyable and fascinating read for anyone with an interest in one of the major challenges for human society in the 21st century. Addressing the climate change science-policy interface, it provides a discussion of competing perspectives based on critical evaluation of supporting data and analyses. Wilby is uniquely well qualified to write about this boundary area, with a background that includes academic research, a senior advisory role for government, and extensive consultancy experience, and the book consistently impresses with its wide range of authoritative and up-to-date material.' Howard Wheater, University of Saskatchewan, Canada'Climate Change in Practice certainly meets its stated aims of challenging and provoking using contemporary societal problems and is an ideal resource for students and their teachers. However, the final chapters of the book also demonstrate that its worth lies beyond that of a classroom manual, as it reinforces the assertion that how we address the challenges posed by climate change matters and it concludes with serious messages around the ethics of climate change science and practice, alongside a call for openness and inclusivity in our approach to meeting the diverse problems associated with climate change. The book therefore serves as a manual for both teaching and applying climate change practice.' Stephen Blenkinsop, Progress in Physical Geography'The book is a distillation of [Professor] Wilby's extensive and deep knowledge of a wide range of issues related to global warming within the context of climate change, its possible consequences and what might be done about it. At £29.99, the book must surely be good value as a supplementary handbook, where the target audiences '… are university students and their instructors, postgraduate students and researchers, as well as climate service providers'.' Ian Littlewood, Circulation'A well chosen title! … This is a textbook, though the object is not to unravel the science of climate change - it's what follows that is the subject of the book. It also claims to be relevant for undergraduates in many degree courses. I think that the author and publisher are doing themselves a disservice. It is for all of us to contribute solutions to the problem and to do something positive, as well as convincing others to do likewise. So I recommend that you find time to read it.' Martin Hutchins, Royal Meteorological SocietyTable of ContentsPreface; 1. What is the average global temperature and how has it changed?; 2. Why does climate change?; 3. What does it take to build a model of the climate system?; 4. How trustworthy are climate models?; 5. What is the purpose of regional climate downscaling?; 6. What is the 'uncertainty cascade' and why does it matter?; 7. What shapes climate vulnerability?; 8. When are climate forecasts good enough to take action?; 9. Whom or what are most at risk from climate change?; 10. How can urbanites avoid becoming climate victims or villains?; 11. What is dangerous climate change?; 12. Why and how are carbon footprints measured?; 13. How to decarbonise economies?; 14. How is it possible to adapt to an uncertain climate?; 15. Could or should humankind geoengineer Earth?; 16. How is climate change communicated?; 17. Who are climate experts?; 18. How connected is climate change to other global challenges?; References; Index.
£66.50
Cambridge University Press Children as Risk
Book SynopsisThis book critically examines socio-political constructions of risk related to sexual offending behaviour by and among children and young people and charts the rise of harmful sexual or exploitative behaviour among peers, drawing on a range of theoretical frameworks and primary research. Discussion of these behaviours is exhibited against a backdrop of the premature cultural sexualisation of contemporary childhood, which challenges traditional conceptions of childhood, victimhood and gendered sexual identities more broadly. It examines the complexities of peer-based sexual behaviours in a range of settings, including within organisational contexts such as schools and care homes, within families and peer-based relationships, as well as online contexts including sexting and cyberbullying. It draws out the myriad legal, practical and policy challenges of negotiating the boundaries between normal/experimental, risky/problematic and harmful sexual behaviour, and in particular the demarcation between coercion and consent, both for professionals as well as children and young people themselves.Trade Review'... Children as 'Risk' is a superb monograph that I would recommend to others without hesitation. Indeed, while ostensibly produced for an (interdisciplinary) academic audience, I am convinced that practitioners and public policy-makers alike will benefit from reading McAlinden's analysis ...' Laura Bainbridge, The British Journal of CriminologyTable of ContentsPart I. The Theoretical and Policy Context: 1. Conceptualising children as 'risk: an introduction; 2. Child sexual exploitation and abuse: a contemporary history of concerns; 3. The social and political construction of sexual offending concerning children; Part II. Children As 'Risk': Children and Young People Who Display Harmful Sexual or Exploitative Behaviour: 4. The emergence of harmful sexual behaviour; 5. Peer-to-peer grooming: a re-appraisal; 6. The nature and scope of peer-to-peer exploitation and abuse: towards a typology of 'harm'; 7. Legal and societal responses to 'risk'; Part III. Future Approaches: 8. Conclusion: re-imagining 'risk'.
£104.50
Cambridge University Press Industrial Policy and the World Trade Organization
Book SynopsisThe severe global financial crisis of 2008 could not be overcome without government interventions through industrial policy. This timely book analyses industrial policy from the perspectives of trade law and economics under the WTO system. The author expertly examines both general tools of protecting and supporting domestic producers and specific topics like special economic zones, localization, greening measures and creative economy. In addition to legal texts and jurisprudence, this book extensively utilizes other WTO materials to show what is actually discussed in WTO meetings and forums on relevant issues. Where applicable, the author advances practical recommendations for ''right'' or ''optimal'' industrial policy in certain contexts based on trade rules, case law and some countries'' real experiences. The author concludes this work with some thoughts on concrete actions to be taken at the WTO and national levels and in academic circles in order to better tackle industrial policy issues.Trade Review'Professor Shadikhodjaev has written a must-have reference book for anyone who cares about the role of governments in the global economy and world trading system.' Julia Ya Qin, Wayne State University and Peking University International Law Institute'This informative book describes what forms of industrial policy are consistent with the rules of the World Trade Organization. The book is densely written and thick with legal terminology, but it is valuable as an authoritative reference work. In addition to analyzing WTO policies, Shadikhodjaev provides a useful catalog of areas where the WTO's rules are ambiguous and suggests how they might be clarified and improved.' Richard N. Cooper, Foreign AffairsTable of ContentsPart I. General Tools of Industrial Policy: 1. Industrial policy under the global trade regime; 1.1. The conceptual framework for industrial policy; 1.2. The multilateral trading system and industrial policy; 1.3. Concluding remarks; 2. Protection of domestic industry; 2.1. Border restrictions; 2.2. Taxes; 2.3. Product standards; 2.4. Protection of services industries; 2.5. Concluding remarks; 3. Promotion of domestic industry; 3.1. The economics of government subsidies; 3.2. The WTO subsidy regime; 3.3. Industrial policies in upstream sectors; 3.4. Concluding remarks; Part II. Special Topics of Industrial Policy: 4. Free zones and industrial development; 4.1. Free zones as an industrial policy tool; 4.2. Free zones under the revised Kyoto Convention; 4.3. Free zones under WTO rules; 4.4. Customs and trade rules: some questions of concurrent application; 4.5. Concluding remarks; 5. Local content requirements and industrialization; 5.1. LCRs and world practice; 5.2. Review of the economic literature; 5.3. The scope of the WTO-applicability to LCRs; 5.4. Legality of LCRs under WTO rules; 5.5. Data localization requirements as an emerging issue; 5.6. Concluding remarks; 6. The greening of industrial policy; 6.1. Environmental dimensions of industrial policy and trade; 6.2. Border carbon adjustments; 6.3. Renewable energy subsidies; 6.4. Environmental labels; 6.5. Environmental exceptions under GATT Article XX; 6.6. Harmonization of the trade and environmental regimes; 6.7. Concluding remarks; 7. Industrial policy in the age of creative economy; 7.1. Creative economy as a new paradigm of industrial policy; 7.2. The status of creative products under the WTO legal framework; 7.3. Creative economy and technological progress under WTO law; 7.4. Policy space for trade restrictions on creative products; 7.5. Concluding remarks.
£95.00
Cambridge University Press Law and Administration
Book SynopsisA well-known text, this book aims to help students not just of law, but also of sociology, economics and politics, to understand administrative law in action, and includes case studies to help students understand law in its socio-political context.Trade Review'From its first edition in 1984, this book has deliberately provoked lawyers to venture beyond their doctrinal bubbles: it truly is the leading work on law and administration. Its coverage of legal doctrine is vast, its sense of where the law has come from and where it is heading has always been unerring, and above all, its research into the effects of administration upon law (and vice versa) is dazzling. This new edition has been radically rewritten, including (for example) new material on the UK post-Brexit, governing in a pandemic, and computerised decision-making and rule-making in the era of artificial intelligence.' Mark Aronson, Emeritus Professor in the Faculty of Law and Justice, University of New South WalesTable of Contents1. The State and Administrative Law; 2. Changing the Mindset; 3. State of Change; 4. Transforming Judicial Review; 5. Making the Law; 6. Discretion and Rules; 7. The Information State; 8. A Regulatory Laboratory; 9. Regulatory Look: Agency Development and Accountability; 10. Contractual Revolution; 11. Contract, Contract, Contract; 12. 'Golden Handshakes': Liability and Compensation; 13. Growing a Complaints Service; 14. Tribunals and Administrative Justice; 15. The Public Inquiry: Investigation and Accountability; 16. Procedural Review in Question; 17. Testing Ground: Legality, Process and Substance; 18. Judicial Review Litigation: Equalities Focus; 19. Judicial Review Process and Impact.
£104.50
Cambridge University Press The American Influence on International Commercial Arbitration
Book SynopsisAs in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. 1782 in international arbitration.Trade Review'A thoughtful and provocative analysis of a very timely subject - replete with keen observations and original analysis.' Gary Born, Wilmer Cutler Pickering Hale and Dorr, LLP'The US law of international commercial arbitration has commonly been viewed as less than fully coherent. This is regrettable, given the great importance of US law in this field and its proper understanding, including from abroad. The first edition of The American Influence on International Commercial Arbitration admirably filled the gap, but galloping legal developments require a fresh account. Happily, with a second edition of the book, the gap remains once again admirably filled.' George Bermann, Columbia University, director, Center for International and Commercial Arbitration'Pedro J. Martinez-Fraga begins his masterful work on the United States' influence on international commercial arbitration with the original vision of arbitration suggested by Goya's painting 'Duel with Clubs' in the Museo del Prado. The idea that arbitration is as blunt an instrument for 'dispute settlement' as two men using deadly force against each other - admittedly efficient, expedient, and final - has, he says, been eclipsed by the recognition that arbitration has much in common with judicial proceedings. His book is an argument, driven by a careful examination of history, case law, and statute, that the actions and views of common law courts has had much to do with this change. His is general (and rare) defense of what some would decry, namely the 'Americanization' of international arbitration. Readers should welcome this new up-to-date edition. It continues to be a valuable contribution to a healthy, ongoing debate.' José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University'Pedro J. Martinez-Fraga's second edition of The American Influence on International Commercial Arbitration is a must-have addition to one's collection of books on international arbitration. Its thoughtful analysis of the common law development of different aspects of international arbitration leads to a depth of understanding and appreciation of complex issues that regularly arise in the field. Whether or not one agrees with all of Mr. Martinez-Fraga's conclusions, his insightful and rigorous analyses ensure that time focused on reading this book is time well-spent.' Margaret L. Moses, Mary Ann G. McMorrow Professor of Law, Director of International Law and Practice Program, Loyola University Chicago'This is, unmistakably, the book of a scholarly pragmatist, for whom the promise of international arbitration still holds resonance and who identifies the threats to its legitimacy with accuracy and intelligence.' Sophie Nappert, Transnational Dispute ManagementTable of ContentsIntroduction; 1. The formation and transformation of the status of international and domestic arbitration in the United States; 2. Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a level playing field; 3. Arbitrator immunity; 4. Procedural change and 28 USC § 1782: the taking of evidence v. common law discovery; 5. The new unorthodox conception of common law transparency in international arbitration through evidence gathering and orality; 6. 28 USC § 1782 and manifest disregard of the law: is avoiding one walking into the other?; 7. Perjury and arbitration: the honor system where the arbitrators have the honor and the parties have the system; 8. Developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of a contract containing an arbitration clause, and transformations regarding the severability doctrine; 9. US arbitration law and its dialogue with the New York Convention: the development of four issues; Conclusion; Appendices; Index.
£105.45
Cambridge University Press Genetically Modified Organisms in Developing Countries
Book SynopsisBringing together the ideas of experts from around the world, this incisive text offers cutting-edge perspectives on the risk analysis and governance of genetically modified organisms (GMOs), supporting effective and informed decision-making in developing countries. Comprised of four comprehensive sections, this book covers: integrated risk analysis and decision making, giving an overview of the science involved and examining risk analysis methods that impact decision-making on the release of GMOs, particularly in developing countries; diversification of expertise involved in risk analysis and practical ways in which the lack of expertise in developing countries can be overcome; risk analysis based regulatory systems and how they can be undermined by power relationships and socio-political interests, as well as strategies for improving GMO policy development and regulatory decision-making; and case studies from developing countries providing lessons based on real-world experience that Table of Contents1. Introduction Ademola A. Adenle, E. Jane Morris and Denis J. Murphy; 2. Recent scientific developments in genetic technologies: implications for future regulation of GMOs in developing countries Denis J. Murphy; 3. A strategy for integrating science into regulatory decision-making for GMOs Wendy Craig, Dennis Ndolo Obonyo and Mark Tepfer; 4. Governance of benefits and risks of GMOs in developing countries E. Jane Morris; 5. The Canadian experience with the creation and implementation of regulatory frameworks for the environmental release of GM crops as a model for developing countries Phil Macdonald; 6. Labelling of food from GMOs: options to consider by developing countries Wilna Jansen van Rijssen and Wynand J. van der Walt; 7. Building human capacity and skills in biosafety: lessons learned and emerging best practices John Komen and Muffy Koch; 8. Regulation of GMOs in developing countries: why socioeconomic considerations matter for decision-making Jose Falck-Zepeda and Marnus Gouse; 9. Food safety assessment of genetically modified crops in developing countries: the experience in Africa Godwin Lemgo, Narender Nehra and Hector Quemada; 10. Being scientific about socio-economics in GMO decision-making in developing countries Monica Racovita; 11. The sharing of information in risk assessment: how national authorities co-operate Peter Kearns, Bertrand Dagallier and Takahiko Nikaido; 12. Should GM rice with nutrition benefits be deployed? Findings from biotech and socio-economic research Hans De Steur, Dieter Blancquaert, Christophe Stove, Willy Lambert, Dominique Van Der Straeten and Xavier Gellynck; 13. The risk analysis framework and biosafety policy Peter W. B. Phillips and Stuart J. Smyth; 14. Precautionary principle as a barrier to GMO risk analysis: Elicitation of experts' viewpoints Ademola A. Adenle; 15. How do socio-political disputes of GMOs influence decision-making in developing countries? Hossein Azadi, Ademola A. Adenle and Klaus Ammann; 16. Biosafety communication: beyond risk communication Andrea Sonnino and Sandra Sharry; 17. The role of mass media and lobbies in the formulation of GMO regulations Mauro Vigani; 18. Risk regulation of agricultural GMOs in China: challenges and prospects Wen Xiang; 19. Commercial use and governance of Bt cotton in China Yunhe Li, Yanhui Lu, Eric M. Hallerman, Yufa Peng and Kongming Wu; 20. Regulatory regime of genetically modified crops in India Krishna Ravi Srinivas; 21. The Argentinian GMO biosafety system: an evolving perspective Carmen Vicien and Eduardo Trigo; 22. The Brazilian GMO regulatory system: a historical view and perspective Edivaldo Domingues Velini, Maria Lúcia Zaidan Dagli, Gutemberg Delfino de Souza, Rubens José Nascimento, Tassiana Fronza Pinho, Paulo Paes de Andrade and Helaine Carrer; 23. Effective regulatory regime supported by research and development is key to adoption of GM technology in West Africa: Burkina Faso and Nigeria as case studies Olalekan Akinbo, Ademola A. Adenle and Diran Makinde; 24. Pathway for biosafety regulation of GMOs in Sub-Saharan Africa Julius Ecuru; 25. Conclusions and recommendations E. Jane Morris, Ademola A. Adenle and Denis J. Murphy.
£112.10
Cambridge University Press The Political Economy of Competition Law in China
Book SynopsisThe Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.Table of ContentsPart I. Introducing the Anti-Monopoly Law: 1. Competition law in China and the importance of context; 2. Legal analysis of the anti-monopoly law; Part II. A Political Economy Framework for the Anti-Monopoly Law: 3. Demand-side analysis of the anti-monopoly law; 4. Supply-side analysis of the anti-monopoly law; Part III. Understanding the Anti-Monopoly Law in its Context: 5. The making of the anti-monopoly law; 6. The public enforcement of the anti-monopoly law; 7. Conclusion.
£999.99
Cambridge University Press Cambridge Handbook of Intellectual Property in Central and Eastern Europe
Book SynopsisThis volume offers a novel look at intellectual property issues through the lens of the post-socialist and transitional experience in Central and Eastern European countries as well as a thought-provoking critique of current approaches, and builds a compelling case for cogent policymaking.Trade Review'A dazzling collection of expert insights into intellectual property in the post-socialist order of Central and Eastern Europe. An important contribution to the comparative law of intellectual property in transition.' Paul Goldstein, Lillick Professor of Law, Stanford University, CaliforniaTable of Contents1. General introduction – intellectual property in Central and Eastern Europe: a new era of post-socialist transition Mira T. Sundara Rajan; 2. The patent system in pre-1989 Czechoslovakia Marketa Trimble; 3. The development of Hungarian copyright law until the creation of the First Copyright Act (1793–1884) Péter Mezei; 4. Moral rights and the cultural aspects of Hungarian copyright law: 1945–2000 Péter Munkacsi; 5. The Polish struggle with the concept of copyrightable work – a brief look at the history and contemporary issues Tomasz Rychliski and Grzegorz Pacek; 6. Comparing concepts of originality in EU, Lithuanian, and US law: photographs, news clips, databases, plot lines, TV formats, and other new uses of copyright works Azuolas Cekanavicius and Lois Fishman; 7. The comparative lessons of Itar-Tass Russian News Agency v Russian Kurier Peter Yu; 8. Communication to the public under union law from the perspective of Austrian and German copyright law – a notion in transition Michel M. Walter; 9. Collective management of copyright in Hungary Gabor Faludi; 10. Exceptions and limitations: a consideration of copyright theory and practice in the Czech Republic Matěj Myška; 11. Digitization of Czech cultural heritage and new forms of information exclusivity Radim Polcak; 12. The treatment of authors' moral rights in Georgia Nino Tsaturova; 13. Performers' rights – a Central European export Rudolf Leška; 14. The white elephant in the room: implications of the digital single market strategy for film and television distribution in the Czech Republic Pavel Zahradka and Petr Szczepanik; 15. A Central and Eastern European perspective on EU copyright reform: the case of Lithuania Rita Matulionyte; 16. The painter, the one horn cow and ole Hank Wilson's back lot – the future of library digitization in Hungary and the European Union Péter Mezei; 17. Does paying innovative employees pay off? A brief look at Czech and Slovak IP law on employee remuneration Vojtěch Chloupek; 18. Intellectual property rights in Albania: the 'B-52 energy drink' trademark case Viola Prifti and Denisa Asko; 19. The protection of geographical indications for agricultural products in the European Union Natalie Nathon; 20. Legal protection of the traditional knowledge and traditional cultural expressions of the indigenous peoples of the former Soviet Union Michael Newcity; Index.
£177.65
Cambridge University Press The Clash of Capitalisms
Book SynopsisChinese foreign direct investment in the United States has generated intense debates. Some welcome it for the immediate benefits such as job creation; others view Chinese investments, especially those controlled by the Chinese government, as a critical threat. The debates have so far missed an important question: how do Chinese companies investing in the US react to the host country''s law? Ji Li formulates a novel analytical framework to examine the adaptation of Chinese companies to general US institutions and their compliance with US laws governing tax, employment equality, and national security review of foreign investments. The level of compliance varies, and this variation is examined in relation to company ownership, including state ownership. Li''s analysis is based on interviews and a unique and comprehensive dataset about Chinese companies in the United States that has never been systematically explored.Trade Review'At a time of increasing Chinese investment in the United States - and accompanying anxieties among policy makers - Professor Li provides new facts and important insights based on a novel data set and extensive interviews. The Clash of Capitalisms? is a significant contribution to our understanding of how Chinese companies view the US investment regime and the extent to which they adapt to their host country's legal environment. The book should allay some of the worst fears about Chinese ODI while enriching the debate about this timely topic.' Curtis Milhaupt, Columbia Law School, New York'A very informative study of Chinese direct investment in the US that should help to overcome critics' fears. Professor Li's survey of managers of Chinese firms located in the US finds that they are much like other investors with a long term stake in the US economy. State ownership does affect firms' willingness to delegate decision-making to local staff, but in most other aspects these firms behave no differently from the rest of those surveyed.' Susan Rose-Ackerman, Yale Law School, Connecticut'In this wonderfully researched book, Professor Li asks a vital, yet understudied question: how do Chinese companies experience the American legal system? Using unique data, the book details the perceptions and experiences Chinese firms have in the United States. It offers a crucial insight about the globalization of law and the functioning of legal institutions across borders. It deserves a wide readership both amongst those interested in American corporate, employment, and tax law, as well as those interested in Chinese law.' Benjamin Van Rooij, University of California, Irvine School of Law'Important research that elucidates how China's rising multinational corporations adapt to distant institutional environments, supported with invaluable firm-level empirical evidence. A timely contribution to both academic and policy discussions on China's rapid ascent in the global economic order.' Weiyi Shi, University of California, San Diego'The most substantive and comprehensive treatment of the ever more important question of how Chinese companies adapt to foreign laws and institutions as they expand their global reach. A must-read for all academics, business leaders, and policymakers who want to better understand the behavior of Chinese companies in the global economy.' Wentong Zheng, University of Florida College of LawTable of Contents1. Introduction; 2. Chinese foreign direct investment in the United States; 3. Chinese investments and US legal and regulatory institutions; 4. State ownership and Chinese investors' reactions to US institutions; 5. Chinese companies in the US tax system; 6. Chinese companies and the US employment law; 7. Chinese companies and the US national security review; 8. Implications and questions for the future.
£64.60
Cambridge University Press Climate Engineering and the Law
Book SynopsisClimate change is increasingly recognized as a global threat, and is already contributing to record-breaking hurricanes and heat waves. To prevent the worst impacts, attention is now turning to climate engineering - the intentional large-scale modification of the environment to reduce the impact of climate change. The two principal methods involve removing some carbon dioxide from the atmosphere (which could consume huge amounts of land and money, and take a long period of time), and reducing the amount of solar radiation reaching the earth''s surface, perhaps by spraying aerosols into the upper atmosphere from airplanes (which could be done quickly but is risky and highly controversial). This is the first book to focus on the legal aspects of these technologies: what government approvals would be needed; how liability would be assessed and compensation provided if something goes wrong; and how a governance system could be structured and agreed internationally.Trade Review'In Climate Engineering and the Law, editors Michael B. Gerrard and Tracy Hester lead us into the third phase of climate change law and policy based on their sobering but inescapable assessment that the current trajectory of mitigation and adaptation policies will not be enough. The chapters of the volume, authored by experts in their fields, accessibly guide the reader through the essential scientific and legal foundations necessary for meaningful engagement over the question of climate engineering, and provide thoughtful insights on the important next steps. As disappointing as it may be to accept that some forms of climate geoengineering will be needed in order to avoid massive human and environmental catastrophe, they will be, and we'd better prepare law for it now rather than later.' J. B. Ruhl, David Daniels Allen Distinguished Chair in Law, Vanderbilt University, Tennessee'Gerrard and Hester have persuasively made the case why the world's tool-kit for combating climate change must expand beyond climate mitigation and adaptation and include some forms of climate engineering. Their ground-breaking compilation of legal and technical issues surrounding potential climate engineering approaches will enable lawmakers, scientists and policymakers to consider this challenging subject in a clear-headed and disciplined manner.' David J. Hayes, Executive Director, State Energy and Environmental Impact Center, New York University and former Deputy Secretary, US Department of the Interior'The importance of legal and regulatory frameworks for the successful implementation of climate change mitigation cannot be overestimated. This book is long overdue and provides an excellent overview of the issues, as the entire field is evolving rapidly.' Klaus Lackner, Director, Center for Negative Carbon Emissions, Arizona State University'A much-needed, comprehensive treatment of the serious policy, structural, institutional, and legal challenges raised by climate engineering proposals. This work will be an important reference for shaping and framing the public debate as it continues to move forward. It highlights the near absence of regulatory and institutional frameworks to safeguard the planet from unforeseen consequences of well-intentioned, but risky, interventions.' David A. Wirth, Boston College Law School, Massachusetts'The world may need climate engineering, but the control of this technology will challenge our institutions dramatically. Climate Engineering and the Law nicely puts together the existing legal tools and concepts for governing intentional modification of the climate. The book makes clear that concepts for controlling geoengineering present unique challenges but finds utility in previous laws, policies and agreements.' Jane C. S. Long, former Principal Associate Director, Lawrence Livermore National Laboratory, California'A book that should be read also by non-legal researchers, Climate Engineering and the Law will hopefully spur similar academic exercises, thus ultimately enhancing the collective wisdom desperately needed to turn anthropogenic manipulation of the planet into a shield against climate change, rather than a dreadful double-edged sword for self-destruction.' Matteo Fermeglia, Carbon & Climate Law ReviewTable of ContentsPreface and acknowledgments; Editors and contributors; 1. Introduction and overview Michael B. Gerrard; 2. Technologies Eli Kintisch; 3. International law Jesse L. Reynolds; 4. US law Albert C. Lin; 5. Liability and compensation Tracy Hester; 6. Research governance Michael Burger and Justin Gundlach; 7. Conclusions and recommendations Michael B. Gerrard and Tracy Hester.
£91.19
