Law Books
Cambridge University Press On the Shoulders of Giants Colleagues Remember Suzanne Scotchmers Contributions to Economics 57 Econometric Society Monographs Series Number 57
Book SynopsisThis book presents eleven classic papers by the late Professor Suzanne Scotchmer with introductions by leading economists and legal scholars. This book introduces Scotchmer's life and work; analyses her pioneering contributions to the economics of patents and innovation incentives, with a special focus on the modern theory of cumulative innovation; and describes her pioneering work on law and economics, evolutionary game theory, and general equilibrium/club theory. This book also provides a self-contained introduction to students who want to learn more about the various fields that Professor Scotchmer worked in, with a particular focus on patent incentives and cumulative innovation.Trade Review'Suzanne Scotchmer left us a remarkable legacy: highly original, deep, rigorous work on the economics of innovation, club theory and game theory. This book is a fitting tribute to her scholarship and to Suzanne as a person. It should be read by everyone with an interest in microeconomic theory.' Jerry R. Green, John Leverett Professor in the University, Harvard University'This is an invaluable volume, which will be on the bookshelf of every IP economist and legal scholar. It contains many of Suzanne Scotchmer's classical papers, often with an introduction by leading scholars, as well as very touching personal souvenirs from her friends and colleagues. A fitting tribute to this exceptional woman I was lucky to count as a friend.' Jean Tirole, Chairman, Toulouse School of Economics, FranceTable of Contents1. Introduction; 2. Threads in the tapestry; 3. Innovation theory (I): cumulative innovation; 4. Innovation theory (II): law and economics; 5. Clubs; 6. Evolutionary game theory; 7. Public policy; 8. Living legacy; 9. Epilogue.
£35.14
Cambridge University Press The Neuroethics of Memory
Book SynopsisThe Neuroethics of Memory is a thematically integrated analysis and discussion of neuroethical questions about memory capacity and content, as well as interventions to alter it. These include: how does memory function enable agency, and how does memory dysfunction disable it? To what extent is identity based on our capacity to accurately recall the past? Could a person who becomes aware during surgery be harmed if they have no memory of the experience? How do we weigh the benefits and risks of brain implants designed to enhance, weaken or erase memory? Can a person be responsible for an action if they do not recall it? Would a victim of an assault have an obligation to retain a memory of this act, or the right to erase it? This book uses a framework informed by neuroscience, psychology, and philosophy combined with actual and hypothetical cases to examine these and related questions.Trade Review'Walter Glannon achieves a rare balance: the book is clear and detailed about the neuroscience of memory and is also insightful about the legal and ethical challenges that scientific advances entail. This is a very timely and useful book.' Nick Davis, Manchester Metropolitan University'Memory is central to who we are and how we act. Provoking and thoughtful, The Neuroethics of Memory explores the implications of the new technologies that could alter memory and may fundamentally change who we are.' Andrew Davidson, Medical Director, Melbourne Children's Trials Centre, Australia'The Neuroethics of Memory provides an insightful and well-argued analysis of the implications of memory research for ethical issues that arise in legal and medical arenas. Drawing on literature from neuroscience, psychology, and philosophy, Walter Glannon gracefully illuminates some of the most difficult issues currently facing science and society.' Daniel L. Schacter, William R. Kenan, Jr Professor of Psychology, Harvard University'Walter Glannon has built a fascinating and wide-ranging account of memory. By channeling neurobiology, psychology, law, history, and philosophy, this book summarizes how memory defines who we are and forms the basis of our society. The result is a tour de force of neuroethics at its comprehensive best.' Julian Savulescu, Director of Oxford Uehiro Centre for Practical Ethics, University of Oxford'As a synthesis and critical analysis of current work in several disciplines, this book offers an unparalleled vision of how neuroethics scholarship on memory can be interdisciplinary, rigorous, forward-looking, and compelling.' Eric Racine, Neuroethics'For its clear style and its rigorous and sound analytical arguments, The Neuroethics of Memory is a candidate to become an indispensable companion for any research on the ethics of memory and its manipulation.' Andrea Lavazza, Cambridge Quarterly of Healthcare EthicsTable of ContentsIntroduction; 1. Memory systems and memory stages; 2. Agency, identity and dementia; 3. Anesthesia, amnesia and recall; 4. Disorders of memory content and interventions; 5. Disorders of memory capacity and interventions; 6. Legal issues involving memory; Epilogue. The future of memory.
£29.44
Cambridge University Press Amnesty in the Age of Human Rights Accountability
Book SynopsisThis edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of ''truth versus justice'' or ''stability versus accountability'' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvementsTrade Review"[This] book is a welcome contribution to the rapidly expanding field of transnational justice and to the menu of policy choice after gross violations of human rights." -- D.P. Forsythe, emeritus, University of Nebraska, Reviewing for Choice MagazineTable of ContentsPart I. Theoretical Framework: 1. The age of accountability: the rise of individual criminal accountability Kathryn Sikkink; 2. The amnesty controversy in international law Mark Freeman and Max Pensky; Part II. Comparative Case Studies: 3. Amnesties' challenge to the global accountability norm? Interpreting regional and international trends in amnesty enactment Louise Mallinder; 4. From amnesty to accountability: the ebbs and flows in the search for justice in Argentina Gabriel Pereira and Par Engstrom; 5. Barriers to justice: the Lley de Caducidad and impunity in Uruguay Francesca Lessa; 6. Resistance to change: Brazil's persistent amnesty and its alternatives for truth and justice Marcelo Torelly and Paulo Abrão; 7. De facto and de jure amnesty laws: the Central American case Naomi Roht-Arriaza and Emily Braid; 8. Creeks of justice: debating post-atrocity accountability in Rwanda and Uganda Phil Clark; 9. Accountability through conditional amnesty: the case of South Africa Antje du Bois-Pedain; 10. De facto amnesty? The example of post-Soeharto Indonesia Patrick Burgess; 11. A limited amnesty? Insights from Cambodia Ronald Slye; 12. The Spanish amnesty law of 1977 in comparative perspective: from a law for democracy to a law for impunity Paloma Aguilar; 13. Amnesty in the age of accountability Tricia D. Olsen, Leigh A. Payne and Andrew G. Reiter.
£37.99
Cambridge University Press The Future of Europe
Book SynopsisThe European Union is in crisis. Public unease with the project, Euro problems and dysfunctional institutions give rise to the real danger that the European Union will become increasing irrelevant just as its member states face more and more challenges of a globalised world. Jean-Claude Piris, a leading figure in the conception and drafting of the EU''s legal structures, tackles the issues head on with a sense of urgency and with candour. The book works through the options available in light of the economic and political climate, assessing their effectiveness. By so doing, the author reaches the (for some) radical conclusion that the solution is to permit ''two-speed'' development: allowing an inner core to move towards closer economic and political union, which will protect the Union as a whole. Compelling, critical and current, this book is essential reading for all those interested in the future of Europe.Trade Review'[The reader] will learn much along the way, gaining legal and historical perspective on different forms of co-operation between member states outside, inside and alongside the EU's own treaties … [Piris] is a great teacher. As the best professors do, he challenges and provokes and gets us arguing.' European Voice'Piris knows the issues from the inside. He deserves a serious hearing for his argument that the EU's institutions require a radical redesign.' Tony Barber, Financial Times'[A] remarkable contribution to the current debate on Europe's future … anyone seriously concerned about the future of the Union should read the compelling description and analysis this book puts forward.' Europe's World'[Piris's] argument is challenging, stimulating and controversial.' The Institute of International and European Affairs blog'Thought provoking and compelling.' LSE Review of Books'For a very long time, as director-general of the legal service at the Council of the Union's general secretariat, Jean-Claude Piris participated as a legal advisor in all inter-governmental conferences that have changed the profile of the European Union since the conference that gave birth to the Maastricht Treaty in 1992. It is therefore an institutional expert who, in this high tempo opuscule, attempts to identify the ways of redemption for a European Union that is decidedly off-colour.' European Library'We are indebted to Jean-Claude Piris for posing hard and important questions about the current European Union. His analysis has enriched our understanding of what a two-speed European Union means, how it might be attained and its distinctiveness from the multi-speed reality of the current European Union. He has energised debate and this review should be seen as part of the discourse.' Paul Craig, European Law ReviewTable of ContentsIntroduction; 1. The continuing need for a strong EU in the foreseeable future; 2. An assessment of the present situation of the EU; 3. First option: substantially revising the EU treaties; 4. Second option: continuing on the present path while developing further closer cooperation; 5. Third option: politically progressing towards a two-speed Europe; 6. Fourth option: legally building a two-speed Europe; Conclusion.
£25.64
Cambridge University Press An Introduction to EU Competition Law
Book SynopsisSuccinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.Table of Contents1. Economic and legal foundations of EU competition law; 2. Key concepts of article 101 TFEU; 3. Possibilities for cooperation under Article 101 TFEU; 4. Article 102 TFEU – abuse of a dominant position; 5. Merger control; 6. Cartels.
£36.09
Cambridge University Press Climate Change Liability
Book SynopsisAs frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability Trade Review'… the book is well written and provides an enormous amount of information concerning major policy and legal developments in relation to climate change liability in each country.' Radoslaw Stech, Journal of Environmental LawTable of ContentsPart I. Legal, Scientific and Policy Aspects: 1. Introduction Jutta Brunnée, Silke Goldberg, Richard Lord and Lavanya Rajamani; 2. The scientific basis for climate change liability Myles Allen; 3. Overview of legal issues relevant to climate change Jutta Brunnée, Silke Goldberg, Richard Lord and Lavanya Rajamani; 4. Policy considerations Jutta Brunnée, Silke Goldberg, Richard Lord and Lavanya Rajamani; Part II. National Laws: Asia and Pacific: 5. Australia Ross Abbs, Peter Cashman and Tim Stephens; 6. China Deng Haifeng; 7. India Lavanya Rajamani and Shibani Ghosh; 8. Indonesia Mas Achmad Santosa, Rifqi Assegaf and Josi Khatarina; 9. Japan Yukari Takamura; Africa/Middle East: 10. Egypt Dalia Farouk and Lamiaa Youssef; 11. Israel Issachar Rosen-Zvi; 12. Kenya Patricia Kameri-Mbote and Collins Odote; 13. South Africa Debbie Collier and Jan Glazewski; Europe and Eurasia: 14. European Union Ludwig Krämer; 15. Germany Hans-Joachim Koch, Michael Lührs and Roda Verheyen; 16. Poland Bartosz Kuraś, Maciej Szewczyk, Dominik Wałkowski, Tomasz Wardyński and Izabela Zielińska-Barłożek; 17. English law Silke Goldberg and Richard Lord; 18. Russia Fiona Mucklow Cheremeteff, Max Gutbrod, Daria Ratsiborinskaya and Sergei Sitnikov; North America: 19. Canada Meinhard Doelle, Dennis Mahony and Alex Smith; 20. United States of America Michael B. Gerrard and Gregory E. Wannier; Central and South America: 21. Brazil Yanko Marcius de Alencar Xavier and Pedro Lucas de Moura Soares; 22. Mexico José Juan Gonzalez Marquez.
£999.99
Cambridge University Press The Foundations of Australian Public Law
Book SynopsisIn The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body.Table of Contents1. Introduction: what is Australian public law?; 2. Constitution I: the history of the Australian state; 3. Constitution II: the structure of the Australian state; 4. Legitimation: justifying state power; 5. Legislation: making and unmaking law; 6. Administration: governing lawfully; 7. Adjudication: delimiting state power; 8. Validation: reviewing state action; 9. Protection: human rights and Australian public law; 10. Direction: future trends in Australian public law.
£77.90
Cambridge University Press The Status of Law in World Society Meditations On The Role And Rule Of Law 129 Cambridge Studies in International Relations Series Number 129
Book SynopsisFriedrich Kratochwil's book explores the key discourses surrounding the role of law in the international arena. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down disciplinary boundaries.Trade Review'Kratochwil is one of the few contemporary academics straddling the line between international relations theory and international law. He is not just a political scientist, but a political thinker firmly based in classic as well as modern social philosophy. The meditations assembled in the present book bring out the best in Kratochwil's writing: they are enlightening, of course, but they are also a pleasure to read, acerbic, iconoclastic and challenging our established wisdom on many concepts we have taken for granted.' Bruno Simma, University of Michigan and former judge, International Court of Justice'This masterful new book argues that a deep understanding of international law comes not from theory but reflection on how it is used and what it does. Eclectic, incisive and richly rewarding!' Jutta Brunnée, University of Toronto'This book is an odyssey - not of a pre-programmed torpedo or a piece of driftwood but of a ship commanded by a relentlessly inquisitive, self-reflective and self-doubting captain committed to the perils of his journey more than the safety of ports. Unexpected intellectual discoveries occur along the way on innumerable beachheads of original thought offering compressed ruminations of a lifetime of learning. An exhilarating read.' Peter J. Katzenstein, Cornell University'Kratochwil skillfully weaves sharp epistemological and methodological observations with insightful analyses of the limits of interdisciplinary work in international relations, the fragmentation of international law, and the politics of rights. By turns witty, provocative and profound, this book should be essential reading for all students and scholars of international relations and international law.' Jeffrey L. Dunoff, Temple University'Kratochwil has written the international law book of the year. There is much here to admire, there is much to take to heart and also (he will be delighted to see) some things to disagree with.' Jan Klabbers, European Journal of International LawTable of ContentsPreface; Introduction: images of law; 1. Inter-disciplinarity, the epistemological ideal of incontrovertible foundations and the problem of praxis; 2. On the concept of law; 3. On constitutions and fragmented orders; 4. Of experts, helpers, and enthusiasts; 5. The power of metaphors and narratives: systems, teleology, evolution and the issue of the 'global community'; 6. Cosmopolitanism, publicity, and the emergence of a 'global administrative law'; 7. The politics of rights; 8. The limits and burdens of rights; 9. The bounds of (non)-sense.
£999.99
Cambridge University Press Consequential Courts
Book SynopsisIn the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts'' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.Trade Review'Consequential Courts constitutes a major contribution to the comparative study of courts. It provides abundant and detailed examples of politically consequential behaviour of many courts which are not always the object of academic research. It provides abundant and detailed examples of politically consequential behaviour of many courts which are not always the object of academic research. It sets an agenda for future research in this area, and provides much food for thought on the methodological problems associated with large-scale comparative studies of Courts.' Sebastian Castro Quiroz, The Cambridge Law JournalTable of ContentsPart I. Expanding Judicial Roles in New or Restored Democracies: 1. The politics of courts in democratization: four junctures in Asia Tom Ginsburg; 2. Fragmentation? Defection? Legitimacy? Explaining judicial roles in post-communist 'colored revolutions' Alexei Trochev; 3. Constitutional authority and judicial pragmatism: politics and law in the evolution of South Africa's constitutional court Heinz Klug; 4. Distributing political power: the constitutional tribunal in post-authoritarian Chile Druscilla L. Scribner; 5. The transformation of the Mexican Supreme Court into an arena for political contestation Mónica Castillejos-Aragón; Part II. Expanding Judicial Roles in Established Democracies: 6. Courts enforcing political accountability: the role of criminal justice in Italy Carlo Guarnieri; 7. The Dutch Hoge Raad: judicial roles played, lost, and not played Nick Huls; 8. A consequential court: the US Supreme Court in the twentieth century Robert A. Kagan; 9. Judicial constitution-making in a divided society - the Israeli case Amnon Reichman; 10. Public interest litigation and the transformation of the Supreme Court of India Manoj Mate; 11. The judicial dynamics of the French and European fundamental rights revolution Mitchel de S.-O.-l'E. Lasser; 12. Constitutional courts as bulwarks of secularism Ran Hirschl; Part III. Four 'Provocations': 13. Why the legal complex is integral to theories of consequential courts Terence C. Halliday; 14. Judicial power: getting it and keeping it John Ferejohn; 15. Out of phase: politics, regimes, and regime politics Mark A. Graber; 16. The mighty problem continues Martin Shapiro; 17. Conclusion: of judicial ships and winds of change Diana Kapiszewski, Gordon Silverstein and Robert A. Kagan.
£29.44
Cambridge University Press Christianity and Family Law
Book SynopsisThe Western tradition has always cherished the family as an essential foundation of a just and orderly society, and thus accorded it special legal and religious protection. Christianity embraced this teaching from the start, and many of the basics of Western family law were shaped by the Christian theologies of nature, sacrament, and covenant. This volume introduces readers to the enduring and evolving Christian norms and teachings on betrothals and weddings; marriage and divorce; women''s and children''s rights; marital property and inheritance; and human sexuality and intimate relationships. The chapters are authoritatively written but accessible to college and graduate students and scholars, as well as clergy and laity. While alert to the hot button issues of sexual liberty today, the contributing authors let the historical figures speak for themselves about what Christianity has and can contribute to the protection and guidance of our most intimate association.Trade Review'The authors and editors seek to provide both legal and historical frameworks for the development of family law, stressing the relationship between Christian teachings and various topics. Most are experts on the personages discussed, frequently noting that their contributions are taken from larger works. Almost every chapter reveals new insights, and sometimes the figures themselves are novel (at least to this reader), even though their thoughts may creep into the modern discourse on the family. The editors seek to balance the various divisions in contemporary Christianity and largely succeed. They also include a variety of disciplines.' Margaret F. Brinig, Journal of Church and StateTable of ContentsIntroduction John Witte, Jr and Gary S. Hauk; 1. Moses, the Prophets, and the Rabbis Elliot N. Dorff; 2. Jesus and St. Paul Gary S. Hauk; 3. Emperor Constantine Judith Evans Grubbs; 4. St. Augustine of Hippo David G. Hunter; 5. St. John Chrysostom Vigen Guroian; 6. Emperor Justinian Peter Sarris; 7. Theodore Balsamon John McGuckin; 8. Gratian Anders Winroth; 9. Peter Lombard Giulio Silano; 10. Popes Alexander III and Innocent III Charles Donahue; 11. St. Thomas Aquinas Philip L. Reynolds; 12. Martin Luther Steven Ozment and John Witte, Jr; 13. John Calvin Barbara Pitkin; 14. King Henry VIII Henry Ansgar Kelly; 15. Thomas Sanchez Rafael Domingo; 16. John Selden Jason P. Rosenblatt; 17. Mary Wollstonecraft Eileen Hunt Botting; 18. Abraham Kuyper James D. Bratt; 19. Emil Brunner Don S. Browning and John Witte, Jr; 20. Popes Leo XIII and Pius XI Russell Hittinger; 21. Pope Paul VI Steven J. Pope; 22. Pope John Paul II Robert P. George and Gerard V. Bradley; 23. Paul Evdokimov Michael Plekon; 24. Derrick Sherwin Bailey Mark D. Jordan; 25. Jean Bethke Elshtain M. Christian Green.
£36.09
Cambridge University Press Brexit Time
Book SynopsisThe result of the UK referendum in June 2016 on membership of the European Union had immediate repercussions across the UK, the EU and internationally. As the dust begins to settle, attention is now naturally drawn to understanding why this momentous decision came about and how and when the UK will leave the EU. What are the options for the new legal settlements between the UK and the EU? What will happen to our current political landscape within the UK in the time up to and including its exit from the EU? What about legal and political life after Brexit? Within a series of short essays, Brexit Time explores and contextualises each stage of Brexit in turn: pre-referendum; the result; the process of withdrawal; rethinking EU relations; and post-Brexit. During a time of intense speculation and commentary, this book offers an indispensable guide to the key issues surrounding a historic event and its uncertain aftermath.Table of ContentsIntroducing Brexit Time; Part I. Time before Brexit: 1. Before and after membership; 2. Referendum and renegotiation; 3. Referendums and European integration; 4. 2016 referendum; 5. Campaign times; Part II. Time of Brexit: 6. Control over borders; 7. Control over money; 8. Democratic control; 9. Control over laws; 10. Control over trade; Part III. Time for Brexit: 11. Defining Brexit, redefining Britain; 12. Future trade: deals and defaults; 13. Differentiated Brexit; 14. Taming of control: the Great Repeal Bill; Part IV. Time to Brexit: 15. Article 50 TEU: how to withdraw from the EU; 16. Litigating Brexit; 17. Time to organise; 18. The parliamentarisation of Brexit; 19. Negotiation time; Time for the future; Epilogue; Index.
£19.99
Cambridge University Press Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond
Book SynopsisIn this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainabTrade Review'Amrita Narlikar is the most insightful scholar of political economy in international trade relations today, with a unique focus on the place of developing countries in them. This volume will become a classic that we will read with profit and pleasure for years to come.' Jagdish Bhagwati, Columbia University, New York, and author of In Defense of Globalization'Material interests matter but Amrita Narlikar shows with clarity and insight that economic narratives, the stories we tell, are just as important. This book is both an important methodological intervention with wide application and a significant contribution to understanding the role of poverty in shaping trade policy.' Martin Daunton, Emeritus Professor of Economic History, University of Cambridge'Amrita Narlikar explains how poor countries can turn apparent political disadvantages to their own benefit in international negotiations. With accessible prose and convincing empirical evidence, she demonstrates the importance of seizing systemic opportunities, shaping background narratives, and knowing just how far to push. Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond is both an original scholarly analysis and an elegant primer for practitioners.' Louis W. Pauly, University of Toronto'Powerlessness is not all it seems. Amrita Narlikar offers a compelling new take on the uses and abuses of poverty and power in global politics.' Louise Fawcett, Head of the Department of Politics and International Relations, University of Oxford'This book challenges each of us. It surprises, defies, and provokes. In questioning our assumptions about power and powerlessness, it calls for a more lucid and creative posture towards who we are and who they are supposed to be.' Valerie Rosoux, FNRS, University of Louvain, author of Negotiating Reconciliation in Peacemaking'This is one of those books that will force casual observers of international trade politics to rethink their priors.' Daniel Drezner, The Washington Post'Ultimately, this is a book that uses the prism of the 'poverty/powerlessness' narratives to capture the many power shifts and struggles defining this moment in history, from the redistribution of power across states all the way to the gender, race and intergenerational challenges that have achieved an acute salience in our lifetime. It is remarkable that Narlikar has managed to elegantly connect such a wide span of topics within a relatively succinct book.' Henrique Choer Moraes, International Affairs'Narlikar's latest book shows how perceived weakness can be overcome; she conducts careful factual research to produce her findings, in this original, useful, and valuable study.' I. William Zartman, Jacob Blaustein Distinguished Professor Emeritus, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington, DC'… essential reading …' Charles B. Roger, Global Policy JournalTable of Contents1. Introduction: poverty narratives and power paradoxes; 2. The disempowered many: when the weak suffered what they must; 3. Winning against the odds: a growing empowerment; 4. When fair is foul and foul is fair: overuse and misuse of the poverty narrative; 5. Conclusion: how to sustain the power of the powerless and build winning narratives.
£25.64
Cambridge University Press The Foreclosure Echo
Book SynopsisThe Foreclosure Echo tells the story of the ordinary people whose quest for the American dream was crushed in the foreclosure crisis when they were threatened with losing their homes. The authors, Linda E. Fisher and Judith Fox - each with decades of experience defending low-to-moderate-income people from foreclosure and predatory lending practices - have employed a range of legal, economic, and social-science research to document these stories, showing not only how people experienced the crisis, but also how lenders and public institutions failed to protect them. The book also describes the ongoing effects of the crisis - including vacant land and abandoned buildings - and how these conditions have exacerbated the economic plight of millions of people who lost their homes and have increased inequality across the country. This book should be read by anyone who wants to understand the fallout of the last financial crisis and learn what we can do now to avoid another one.Trade Review'This is an outstanding book on the housing crisis from the viewpoint of consumers, full of insights into how consumer mortgage lending worked, well and badly.' J. J. Janney, ChoiceTable of Contents1. The housing crisis; 2. The breakdown of mortgage servicing and loss mitigation; 3. Zombie mortgages and abandoned properties; 4. The benefits and harms of intervention; 5. Rethinking Home: housing post-crisis; 6. Foreclosure or a more sustainable mortgage?; 7. Picking up the pieces and revitalizing neighborhoods; 8. Where do we go from here?; Conclusion; Index.
£999.99
Cambridge University Press Corporate Personhood
Book SynopsisThe topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Recent Supreme Court cases like Citizens United, Hobby Lobby, and Masterpiece Cakeshop - which solidified the free speech and religious liberty rights of corporations and their owners - have heightened the controversy over treating corporations as persons under the law. What does it mean to say that the corporation is a person, and why does it matter? In Corporate Personhood, Susanna Kim Ripken addresses these questions and highlights the complexity of the corporate personhood concept. Using a broad, interdisciplinary framework - incorporating law, economics, philosophy, sociology, psychology, organizational theory, political science, and linguistics - this highly original work explores the complex, multidimensional nature of corporate personhood and its implications for corporate rights and duties.Trade Review'Corporate personhood has troubled us for millennia, and no book is likely to be the last word. But for readers interested in these issues, vital to the future of American democracy, this lucid, well-informed, fair-minded, and wide-ranging study will serve as an invaluable point of departure for all future debate.' Meir Dan-Cohen, University of California, Berkeley and author of Rights, Persons, and Organizations: A Legal Theory for Bureaucratic Society'Since Citizens United, Americans have been outraged by the notion that, as Mitt Romney infamously said, 'Corporations are people, my friend'. Breaking through the political slogans, Susanna Kim Ripken uses insights from law, economics, philosophy, and anthropology to show how complex and multifaceted corporate personhood is. This book is essential reading for anyone who wants to understand corporations and corporate power in society.' Adam Winkler, University of California, Los Angeles School of Law and author of We the Corporations: How American Businesses Won their Civil Rights'Corporate Personhood constitutes an indispensable contribution to the debate over the proper role, duties, and rights of the corporation. Eschewing more comfortable, less nuanced paths, Professor Ripken's masterpiece forges ahead with a thoughtful, balanced, and insightful portrait of the corporation, informed by a review of the best relevant interdisciplinary scholarship available.' Ronald J. Colombo, Maurice A. Deane School of Law, Hofstra University, New York and author of The First Amendment and the Business Corporation'This pathbreaking book insists – and persuades – that a multi-dimensional approach to the fractured corporate personhood debate best promotes correct understanding and fruitful progress. Distilling literature from many disciplines, Professor Ripken enriches our scholarly understanding and charts a pragmatic way forward on tough issues. A unique, impressive must-read book.' Lyman P. Q. Johnson, Robert O. Bentley Professor of Law, Washington and Lee University'Well referenced with court cases, law reviews, and journal articles.' G. E. Kaupins, ChoiceTable of ContentsIntroduction; 1. Legal theories of the corporate person; 2. Philosophical dimensions of the corporate person; 3. Social science dimensions of the corporate person; 4. Constitutional dimensions of the corporate person: corporate free speech; 5. Constitutional dimensions of the corporate person: corporate religion and race; 6. Abolishing corporate personhood; Conclusion.
£29.44
Cambridge University Press The Cambridge Companion to the First Amendment and Religious Liberty
Book SynopsisThis book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, Trade Review'This is an impressive collection of new work by some of the most distinguished scholars in the field.' Andrew Koppelman, Northwestern University, Illinois'Among the most contested issues in contemporary American life are the prudential and constitutional notions of religious liberty and relationships between religion and the civil state. An all-star line-up of scholars have contributed thoughtful, richly researched, and accessible essays to The Cambridge Companion to the First Amendment and Religious Liberty, ably guiding the specialist and non-specialist reader alike through the historical origins, philosophical considerations, and legal doctrines that have shaped constitutional conceptions of religious liberty in the American experience.' Daniel L. Dreisbach, School of Public Affairs, American University, and author of Thomas Jefferson and the Wall of Separation between Church and StateTable of ContentsIntroduction: assessing the First Amendment and religious liberty in America Michael D. Breidenbach and Owen Anderson; Part I. Philosophical Foundations: 1. The First Amendment and natural religion Owen Anderson; 2. The philosophical meaning of religious exercise Janice Tzuling Chik; 3. Freedom of religion: special, valuable, and qualified John Finnis; Part II. Historical Interpretations: 4. Religious exercise and establishment in early America Glenn A. Moots; 5. The historical context of the religion clauses of the First Amendment Chris Beneke; 6. Religious tests, loyalty oaths, and the ecclesiastical context of the First Amendment Michael D. Breidenbach; 7. Church and state in the nineteenth century Jonathan Den Hartog; 8. The First Amendment religion clauses in the United States Supreme Court Zoë Robinson; Part III. Law, Politics, and Economics: 9. Religious and secular presuppositions in First Amendment interpretations Paul E. Kerry; 10. Two concepts of religious liberty: the natural rights and moral autonomy approaches to the free exercise of religion Vincent Phillip Muñoz; 11. The economic origins of religious liberty Anthony Gill; 12. Corporate religious liberty and the culture wars Steven D. Smith; 13. Which original meaning of the establishment clause is the right one? Donald L. Drakeman; 14. The two separations Marc O. DeGirolami; 15. The challenge ahead: reconnecting religion, reason, and truth Gerard V. Bradley; Index.
£999.99
Cambridge University Press Camera Power
Book SynopsisCamera Power is the first book to tackle the policy questions raised by two ongoing revolutions in recording the police: copwatching and police-worn body cameras. Drawing on original research from over 200 jurisdictions and more than 100 interviews - with police leaders and officers, copwatchers, community members, civil rights and civil liberties experts, industry leaders, and technologists - Mary D. Fan offers a vision of the great potential and perils of the growing deluge of audiovisual big data. In contrast to the customary portrayal of big data mining as a threat to civil liberties, Camera Power describes how audiovisual big data analytics can better protect civil rights and liberties and prevent violence in police encounters. With compelling stories and coverage of the most important debates over privacy, public disclosure, proof, and police regulation, this book should be read by anyone interested in how technology is reshaping the relationship with our police.Trade Review'Are police-worn body cameras a panacea for the problem of police violence and abuse? Or are they simply another intrusion into privacy that only rarely definitively tells us the full truth about police-citizen interactions? Relying on numerous interviews, close scrutiny of current policy and practice, and insightful analysis of the empirical evidence and scholarship, Fan provides by far the most careful and comprehensive description to date of the controversies surrounding police use of body cameras and the optimal means of using the data they produce.' Chris Slobogin, Milton Underwood Professor of Law, Vanderbilt University and author of Privacy at Risk'Body cameras on cops seemed like the obvious solution to social turmoil around policing. But as Mary D. Fan makes clear in this tour de force, police body cameras create huge problems of their own - the cost of storage, everyone's privacy at risk from constant surveillance. Comprehensively researched and engagingly written, this will become the go to book for anyone who cares about police, public surveillance, and privacy.' Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University, Director of the Policing Project, and author of Unwarranted: Policing without PermissionTable of ContentsIntroduction: dual revolutions in recording the police; Part I. Toutveillance Power and Police Control: 1. Policing in the camera cultural revolution; 2. Copwatching and the right to record; 3. Democratizing proof, taking the case to the people; Part II. Audiovisual Big Data's Great Potential and Perils: 4. Audiovisual big data analytics and harm prevention; 5. Partisan perceptions: how audiovisual evidence and big data can mislead; 6. Privacy and public disclosure; Part III. Frameworks for Moving Forward: 7. Controlled access, privacy protection planning, and data retention; 8. Non-recording and officer monitoring and discipline dilemmas; Conclusion. Beyond technological silver bullets.
£22.99
Cambridge University Press The Captives Quest for Freedom
Book SynopsisThis magisterial study, ten years in the making by one of the field''s most distinguished historians, will be the first to explore the impact fugitive slaves had on the politics of the critical decade leading up to the Civil War. Through the close reading of diverse sources ranging from government documents to personal accounts, Richard J. M. Blackett traces the decisions of slaves to escape, the actions of those who assisted them, the many ways black communities responded to the capture of fugitive slaves, and how local laws either buttressed or undermined enforcement of the federal law. Every effort to enforce the law in northern communities produced levels of subversion that generated national debate so much so that, on the eve of secession, many in the South, looking back on the decade, could argue that the law had been effectively subverted by those individuals and states who assisted fleeing slaves.Trade Review'Ranging from the halls of Congress to slave and free black communities and from Missouri to New England, Richard J. M. Blackett has produced the most comprehensive account of the workings of the Fugitive Slave Act of 1850 and opposition to it. The individual stories are compelling, the research impressive, and the insights about the variety of forms of resistance make this a major contribution to our understanding of the road to civil war.' Eric Foner, Columbia University, New York and author of The Fiery Trial: Abraham Lincoln and American SlaveryI don't use the word 'magisterial' lightly, but it is exactly the right description for Richard J. M. Blackett's The Captive's Quest for Freedom: Fugitive Slaves, the 1850 Fugitive Slave Law, and the Politics of Slavery. There is no better, deeper, or more comprehensive discussion of the struggle of fugitive slaves in the antebellum era.' Steven Lubet, author of Fugitive Justice: Runaways, Rescuers, and Slavery on Trial and The 'Colored Hero' of Harper's Ferry: John Anthony Copeland and the War against Slavery'The Captive's Quest for Freedom is the most important, thorough, and revealing study ever written of fugitive slaves in American history. The book is timely; it demonstrates in depth the nature and meaning of America's first great refugee crisis and the explosive politics that followed in its wake. May the whole of our reading public finally understand the significance of the Fugitive Slave Act in 'our history and our heritage'. It resonates still as a watch warning in our own time.' David W. Blight, Yale University and author of the forthcoming Frederick Douglass: American Prophet'Richard J. M. Blackett's epic new history of the Fugitive Slave Law is both a brilliant analysis of the politics of disunion, and a compelling argument for the centrality of African American resistance to the great national unraveling of the 1850s. At the heart of the book, though, are the human beings whose decision to escape slavery prompted slaveholders to demand the Law in the first place, and whose determination to keep risking everything even after its passage pushed the United States towards a terrible and necessary reckoning.' Nicholas Guyatt, University of Cambridge and author of Bind Us Apart: How Enlightened Americans Invented Racial Segregation'In most historical accounts, the 1850 [Fugitive Slave Law] provoked a wave of panic in free black communities across the North. Hundreds of African-Americans fled their homes for the safety of Canada. But Richard Blackett's extraordinary new book, The Captive's Quest for Freedom, tells a more complicated story. … In these chapters political history gives way to social history as Blackett skillfully reconstructs dozens of stories of slaves escaping to the North. Some of these escapes and rescues are well known, but they take on renewed salience in Blackett's account because of the wider setting he establishes. More impressive is the deep and meticulous research that has enabled him to piece together the remarkable stories of previously unknown cases.' James Oakes, The New York Review of Books'The Captive's Quest for Freedom convincingly demonstrates how a small, vocal, determined and above all persistent group of people - including those at the bottom of the social, political and economic ladder - can, given the right set of circumstances, have an impact far beyond what their numbers or status may predict.' Scott Hancock, Reviews in History'This remarkable book exemplifies the best work of a skilled, hard-working, and indefatigable historian who spent decades hunting down facts and stories, thinking them through, and weaving them into a powerful narrative.' Paul Finkelman, The Journal of American History'… [The] Captive's Quest is well worth our attention, bringing to light an enduring legacy of lawful racial exclusion and persecution and those who would flee and fight in resistance.' Kathryn Benjamin Golden, The Journal of African American HistoryTable of ContentsPart I. The Slave Power Asserts Its Rights: 1. The fugitive slave law; 2. The law does its work; 3. Compromise and colonize; Part II. Freedom's Fires Burn: 4. Missouri and Illinois; 5. Western Kentucky and Indiana; 6. Eastern Kentucky and Ohio; 7. Southeast Pennsylvania; 8. Eastern shore of Maryland and Philadelphia; 9. New York; 10. Massachusetts; Conclusion; Bibliography; Index.
£29.44
Cambridge University Press Reasoned Administration and Democratic Legitimacy
Book SynopsisReasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government explores the fundamental bases for the legitimacy of the modern administrative state. While some have argued that modern administrative states are a threat to liberty and at war with democratic governance, Jerry L. Mashaw demonstrates that in fact reasoned administration is more respectful of rights and equal citizenship and truer to democratic values than lawmaking by either courts or legislatures. His account features the law''s demand for reason giving and reasonableness as the crucial criterion for the legality of administrative action. In an argument combining history, sociology, political theory and law, this book demonstrates how administrative law''s demand for reasoned administration structures administrative decision-making, empowers actors within and outside the government, and supports a complex vision of democratic self-rule.Trade Review'Reacting to the increasing tide of assaults on administrative law's legitimacy, Professor Mashaw, this generation's most distinguished scholar of the subject, finds in the centrality of required reason-giving a compelling response. Like its predecessors in analysis, wisdom and insight, this is a book to treasure.' Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, New York'A masterpiece, defending a bold claim: reason-giving lies at the heart of the legitimisation of public power. Mashaw has provided the authoritative treatment of what may be the most important issue of our age.' Cass R. Sunstein, Robert Walmsley University Professor, Harvard University, Massachusetts'With Reasoned Administration and Democratic Legitimacy, Jerry L. Mashaw demonstrates again why he's one of the most accomplished and influential public law scholars in the world. By carefully exploring the vital and often misunderstood connection between American democracy and the administrative state, Mashaw makes lasting contributions to our understanding of both, at a moment in history when we especially need that.' Mariano-Florentino Cuéllar, Former Stanley Morrison Professor of Law, Stanford Law School, CaliforniaTable of Contents1. Why reasons; 2. The rise of reason giving; 3. Reasons, reasonableness and accountability in American administrative law: the basic legal framework; 4. Reasonableness, accountability and the control of administrative policy; 5. Reasons, reasonableness and judicial review; 6. Reasons, administration and politics; 7. Reasoned administration and democratic legitimacy; 8. Reason and regret.
£25.64
Cambridge University Press Constitutional Triumphs Constitutional Disappointments
Book SynopsisThe 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa''s economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution''s external influence on constitutionTable of Contents1. Introduction Rosalind Dixon and Theunis Roux; 2. Mission in progress: towards an assessment of South Africa's Constitution at 20 Catherine O'Regan; 3. The performance of socio-economic rights in the South African Constitution David Bilchitz; 4. Proceduralism's promise: the Constitutional Court, social and economic rights and democracy Steven Friedman; 5. Corruption, the rule of law and the role of independent institutions Heinz Klug; 6. Violence against women in South Africa: constitutional responses and opportunities Beth Goldblatt; 7. Toward reparative transformation: revisiting the impact of violence against women in a post-TRC South Africa Andrea Durbach; 8. The constitutional goal of transforming education: the South African Constitutional Court in comparative perspective Julie C. Suk; 9. Race, inclusiveness and transformation of legal education in South Africa Penelope Andrews; 10. The contribution of the South African Constitution to Kenya's Constitution Jill Cottrell Ghai and Yash Ghai; 11. Multi-stage constitution-making: from South Africa to Chile? Joel Colón-Ríos; 12. A cure for coups: the South African influence on Fijian constitutionalism Coel Kirkby; 13. Policing democracy: the influence of South Africa's post-apartheid security arrangements on police oversight under Kenya's 2010 Constitution Richard Stacey; 14. The diffusion of South African-style institutions? A study in comparative constitutionalism Charles Manga Fombad; 15. Constitutionalism, legitimacy, and public order: a South African case study Aziz Z. Huq; 16. South African social rights jurisprudence and the global canon: a revisionist view David Landau.
£67.45
Cambridge University Press Private Racism
Book SynopsisUsually, when we discuss racial injustice, we discuss racism in our public or political life. This means that we often focus on how the state discriminates on the basis of race in its application and enforcement of laws and policies. This book draws on the synergy of political theory and civil rights law to expand the boundary of racial justice and consider the way in which racial discrimination happens outside the governmental or public sphere. ''Private racism'' is about recognizing that racial injustice also occurs in our private lives, including the television and movie industry, cyberspace, our intimate and sexual lives, and the reproductive market. Professor Sonu Bedi argues that private racism is wrong, enlarging the boundary of justice in a way that is also consistent with our Constitution. A more just society is one that seeks to address rather than ignore this less visible form of racism.Trade Review'Anyone interested in racism and the role it has played and continues to play in the lives of people today would find this book fascinating.' Ana Marquez, Communication Booknotes QuarterlyTable of ContentsIntroduction; 1. Enlarging the boundary of racial justice; 2. Casting racism; 3. Digital racism; 4. Sexual racism; 5. Selling segregation; Conclusion: private injustice; Bibliography; Index.
£68.40
Cambridge University Press Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond
Book SynopsisIn this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainabTrade Review'Amrita Narlikar is the most insightful scholar of political economy in international trade relations today, with a unique focus on the place of developing countries in them. This volume will become a classic that we will read with profit and pleasure for years to come.' Jagdish Bhagwati, Columbia University, New York, and author of In Defense of Globalization'Material interests matter but Amrita Narlikar shows with clarity and insight that economic narratives, the stories we tell, are just as important. This book is both an important methodological intervention with wide application and a significant contribution to understanding the role of poverty in shaping trade policy.' Martin Daunton, Emeritus Professor of Economic History, University of Cambridge'Amrita Narlikar explains how poor countries can turn apparent political disadvantages to their own benefit in international negotiations. With accessible prose and convincing empirical evidence, she demonstrates the importance of seizing systemic opportunities, shaping background narratives, and knowing just how far to push. Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond is both an original scholarly analysis and an elegant primer for practitioners.' Louis W. Pauly, University of Toronto'Powerlessness is not all it seems. Amrita Narlikar offers a compelling new take on the uses and abuses of poverty and power in global politics.' Louise Fawcett, Head of the Department of Politics and International Relations, University of Oxford'This book challenges each of us. It surprises, defies, and provokes. In questioning our assumptions about power and powerlessness, it calls for a more lucid and creative posture towards who we are and who they are supposed to be.' Valerie Rosoux, FNRS, University of Louvain, author of Negotiating Reconciliation in Peacemaking'This is one of those books that will force casual observers of international trade politics to rethink their priors.' Daniel Drezner, The Washington Post'Ultimately, this is a book that uses the prism of the 'poverty/powerlessness' narratives to capture the many power shifts and struggles defining this moment in history, from the redistribution of power across states all the way to the gender, race and intergenerational challenges that have achieved an acute salience in our lifetime. It is remarkable that Narlikar has managed to elegantly connect such a wide span of topics within a relatively succinct book.' Henrique Choer Moraes, International Affairs'Narlikar's latest book shows how perceived weakness can be overcome; she conducts careful factual research to produce her findings, in this original, useful, and valuable study.' I. William Zartman, Jacob Blaustein Distinguished Professor Emeritus, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington, DC'… essential reading …' Charles B. Roger, Global Policy JournalTable of Contents1. Introduction: poverty narratives and power paradoxes; 2. The disempowered many: when the weak suffered what they must; 3. Winning against the odds: a growing empowerment; 4. When fair is foul and foul is fair: overuse and misuse of the poverty narrative; 5. Conclusion: how to sustain the power of the powerless and build winning narratives.
£78.84
Cambridge University Press International Law Reports Volume 170 International Law Reports Series Number 170
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 170 is devoted to South China Sea Arbitration (Republic of the Philippines versus People's Republic of China) and includes the Award on Jurisdiction and Admissibility of 29 October 2015 together with the Final Award of 12 July 2016.Table of Contents1. South China Sea Arbitration (Republic of the Philippines v. People's Republic of China).
£190.95
Cambridge University Press Transnational Environmental Regulation and Governance
Book SynopsisA large and growing proportion of contemporary environmental regulation is transnational, which means that it is impossible to understand environmental governance without a firm grasp of the nature of transnational environmental regulation (TER). In this illuminating work, Veerle Heyvaert offers readers a comprehensive discussion of TER, including analysis of international environmental agreements, regional and EU regulation, private environmental regulation, and governance networks, arguing that TER is highly diverse but sufficiently cohesive to allow the identification of shared characteristics that establish TER as a model of regulation. The book uncovers the key features of TER, and analysesthe various intentions of TER regulators, TER''s governance principlesand compliance strategies, using a newly developed activity-based methodology for regulatory analysis. This book should be read by anyone seeking to understand the strengths and weaknesses of transnational environmental governance and its contribution to sustainability.Trade Review'Environmental regulation is now best viewed as transnational in scale and scope. Heyvaert's book breaks important new ground for understanding the processes and their implications.' Gregory Shaffer, University of California, Irvine School of Law and editor of Transnational Legal Ordering and State Change'Transnational Environmental Regulation and Governance is an excellent book. It is creative, well structured, deeply researched, and analytical. The book is very well written and easy to read.' Melissa Powers, Transnational Environmental LawTable of Contents1. The transformation of environmental regulation; 2. The concept of transnational environmental regulation; 3. Why regulate beyond the state?; 4. Strategies for environmental regulation: the recursive activities of regulation; 5. The activity-based model for TER strategies illustrated in five easy pieces; 6. The transformation of environmental regulatory strategies; 7. Transnational environmental regulation and the challenge to law; 8. Legal principles for transnational environmental regulation; 9. Environmental regulation transformed.
£999.99
Cambridge University Press The Prudential CarveOut for Financial Services
Book SynopsisThe World Trade Organization''s General Agreement on Trade in Services (GATS) sets out a framework and rules for the liberalization of international trade in services. Paragraph 2(a) of the GATS Annex on Financial Services is generally known as the Prudential Carve-Out (PCO). Notwithstanding GATS obligations, it allows WTO Members to pursue prudential regulatory objectives. This book studies the GATS PCO in light of its negotiating history and economic rationale as well as PCOs in all preferential trade agreements notified to the WTO Secretariat up to the summer of 2017. The author clarifies the state of play of international cooperation on financial services regulation; provides a current understanding of the GATS PCO; analyses how PCOs are drafted in preferential trade agreements and, finally, he seeks to understand whether alternative approaches to the mainstream understanding of the PCO are possible and suggests options for reform.Table of Contents1. The subject matter of the study; 2. International cooperation on financial services and prudential measures: WTO and beyond; 3. The current understanding of the GATS PCO; 4. Prudential Carve-Outs in Preferential Trade Agreements; 5. A possible alternative approach; 6. Suggestions for reform.
£95.00
Cambridge University Press State Responsibility for Breaches of Investment Contracts
Book SynopsisThis is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection. It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.Trade Review'The author has written an extremely valuable monograph on a topic that surprisingly has received little attention. International investment contracts were once considered the main source of obligations and of consent to binding dispute settlement, yet academic attention has been focused on treaty breach. This text examines the contractual context and makes the link between international responsibility of states under investment contracts and the international law developed through arbitral awards. It is well written and is a superb source of information and explanation about this aspect of international investment law.' Meg Kinnear, Secretary-General, International Centre for the Settlement of Investment Disputes, Washington DC'This monograph is a timely and important contribution to an area of law that is very much in use, but also mired in uncertainty. By analysing the history and development of international law that is specific to contractual protection, the author defines the contours and content of a unique branch of the law of state responsibility. Her thoroughly-researched and provocative thesis promises to engage international investment law scholars, practitioners, and students for years to come.' Hi-Taek Shin, Chairman, Seoul International Dispute Resolution Center'This work is a superlative historical and systematic analysis of legal materials on investment contracts to the present day. As unilateral reforms, both substantive and procedural, are applied to treaty-based investments, compelling foreign investors increasingly to seek contractual protections with a host State, it is likely to become an essential guide for all participants in this specialist field of investor-state investment disputes.' V.V. Veeder, QC, Essex Court Chambers, and Visiting Professor on Investment Arbitration, Dickson Poon School of Law, King's College LondonTable of Contents1. Power and principle in the origins of contractual protection; 2. Arbitral awards and the generation of international law; 3. State responsibility and the core standard of treatment; 4. State responsibility and expropriation; 5. State responsibility and internationalisation; 6. The emerging international law on investment contract protection; 7. The future of international investment contract claims.
£999.99
Cambridge University Press Unequal Family Lives
Book SynopsisAcross the Americas and Europe, the family has changed and marriage is in retreat. To answer the question of what''s driving these changes and how they impact social and economic inequality, progressives have typically focused on the economic causes of changing family structures, whereas conservatives tend to stress cultural and policy roots. In this illuminating book, an international group of scholars revisit these issues, offering competing and contrasting perspectives from left, center, and right, while also adding a third layer of analysis: namely, the role of gender - changes in women''s roles, male employment patterns, and gendered family responsibilities - in driving family change across three continents. Unequal Family Lives: Causes and Consequences in Europe and the Americas adds richness and depth to our understanding of the relationship between family and economics in the United States, Europe, and Latin America. This title is also available as Open Access.Table of ContentsIntroduction Laurie F. DeRose, Naomi Cahn, June Carbone and W. Bradford Wilcox; Part I. The Increasingly Unequal Socioeconomic Character of Family Life: 1. Families unequal: socioeconomic gradients in family patterns across the US and Europe Marcia J. Carlson; 2. Family forms and social inequality in Latin America Albert Esteve and Elizabeth Flores Paredes; Part II. The Causes of Increasingly Diverging Family Structures: 3. How inequality drives family formation: the prima facie case Andrew J. Cherlin; 4. Universal or unique? Understanding diversity in partnership experiences across Europe Brienna Perelli-Harris; 5. Family structure and the decline of work for men in postwar America Nicholas Eberstadt; Part III. Consequences of Growing Divergence: 6. Single-mother families, mother's educational level, children's school outcomes: a study of 21 countries Anna Garriga and Paolo Berta; 7. Family structure and socioeconomic inequality of opportunity in Europe and the United States Diederik Boertien, Fabrizio Bernardi and Juho Härkönen; 8. Families and the wealth of nations: what does family structure have to do with growth around the globe? W. Bradford Wilcox and Joseph Price; Part IV. Bridging the Growing Family Divide: 9. Family policy, socioeconomic inequality and the gender revolution Fran Goldscheider and Sharon Sassler; 10. Where's the glue? Policies to close the family gap Richard V. Reeves; Part V. Commentary and Concluding Reflections: 11. The pathology of patriarchy and family inequalities Lynn Prince Cooke; 12. Concluding reflections: what does less marriage have to do with more family inequality? W. Bradford Wilcox; 13. Commentary/afterword/concluding thoughts on family change and economic inequality June Carbone and Naomi Cahn.
£95.00
Cambridge University Press Regulating Religion in Asia
Book SynopsisIn recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.Trade Review'The strength of Regulating Religion in Asia lies in its detailed case studies, which show the diversity of different states' relationships with the religions in their jurisdictions. By taking a broad definition of regulation, the book goes beyond the broad constitutional idea of freedom of religion into the complex practicalities of regulating religion. In doing so, the different chapters also highlight the wide variety of political ideologies and the methods of regulating religion, which are practiced by the different states.' Helen Pausacker, Journal of Law and ReligionTable of Contentslntroduction: regulating religion in Asia: Part I. Theorizing Regulation: 1. Regulatory markers Arif A. Jamal; 2. Conceptualizing the regulation of religion Jaclyn L. Neo; 3. The role of authority and sanctity in state-religion conflicts Shai Wozner and Gilad Abiri; 4. Jurisdictional vs. official control: regulating the Buddhist Saṅgha South and Southeast Asia Ben Schontal; 5. Defining and regulating religion in early independent Indonesia Kevin Fogg; Part II. Regulating Religion: State Practice and Legal Norms: 6. Principled pluralism, relational constitutionalism and regulating religion within Singapore's secular democratic model Thio Li-ann; 7. Legal regulation of religion in Vietnam Bui Ngoc Son; 8. Regulating Buddhism in Myanmar: the case of deviant Buddhist sects Nyi Nyi Kyaw; 9. The bureaucratization of religious education in the Islamic Republic of Iran Mirjam Künkler; 10. Managing religious competition in China: case study of regulating social and charitable service provisions by religious organizations Jianlin Chen and Loveday J. Liu; Part III. Challenges to State Regulation: 11. Regulating religion through administrative law: religious conversion in Malaysia beyond fundamental rights Matthew Nelson and Dian Shah; 12. Legal pluralism, patronage secularism and the challenge of prophetic Christianity in Singapore Daniel Goh; 13. Equality in secularism: contemporary debates on social stratification and the Indian constitution Mohsin Alam; 14. Regulating the state and the Hawza: legal pluralism and the ironies of Shi'i law Haider Hamoudi.
£105.45
Cambridge University Press The Witness Experience
Book SynopsisThis book provides the most comprehensive and scientific assessment to date of what it means to appear before war crimes tribunals. This ground-breaking analysis, conducted with the cooperation of the International Criminal Tribunal for the former Yugoslavia (ICTY) Victims and Witnesses Section, examines the positive and negative impact that testifying has on those who bear witness to the horrors of war by shedding new light on the process. While most witnesses have positive feelings and believe they contributed to international justice, there is a small but critical segment of witnesses whose security, health, and well-being are adversely affected after testifying. The witness experience is examined holistically, including witness'' perceptions of their physical and psychological well-being. Because identity (gender and ethnicity) and war trauma were central to the ICTY''s mandate and the conflicts in the former Yugoslavia, the research explores in-depth how they have impacted the mosTable of Contents1. Introduction to the survey and survey methodology; 2. Exploring the gender, ethnicity and trauma characteristics of the witness sample; 3. The witnesses and their encounter with international justice; 4. The witnesses and human security: the social, economic and security consequences of testimony; 5. The impact of testifying; 6. Perceptions of justice; 7. Conclusions.
£999.99
Cambridge University Press The BricsLawyers Guide to Global Cooperation
Book SynopsisIn the international trade and development arena, new and developing economies have created a block that is known as BRICS - Brazil, Russia, India, China and South Africa. Initially conceived to drive global change through economic growth, the financial crisis and reversal of fortunes of the BRICS nations have raised questions about their ability to have an impact on the governance of global affairs. This book explores the role of law in various areas of BRICS cooperation including: trade, investment, competition, intellectual property, energy, consumer protection, financial services, space exploration and legal education. It not only covers the specifics of each of the BRICS nations in the selected areas, but also offers innovative and forward-looking perspectives on the BRICS cooperation and their contribution to the reform of the global governance networks. This is a unique reference book suitable for academics, government officials, legal practitioners, business executives, researcTrade Review'The authors' aim is to contribute to the understanding not only of the law's role in the BRICS countries but also of law's constructive role in various frameworks of cooperation at the multilateral or global level. The book illustrates the mission of law and legal frameworks in theory and in practice of BRICS activities and highlights what law means for the BRICS countries' successful cooperation.' Maria Novoselova, BRICS Law Journal'The book contributes to the general understanding of the BRICS and their role in the global economic governance, introduces the methodological framework for the BRICS-related legal research, and provides a future outlook on BRICS legal co-operation in various areas. It introduces concrete proposals concerning the enhancement of the role of law in BRICS co-operation and their participation in various multilateral co-operation frameworks.' Zhang Han, International Trade Law and Regulation'This book advocates 'BRICS for bridges not walls' and closes a gap in scholarship and academic debate by providing a (not yet duly considered) legal perspective of BRICS cooperation - one of the many reasons it deserves to be read. This book is a very interesting read, a worthwhile acquisition and a unique reference book for academics, government officials, legal practitioners, researchers and students who work in the area of global governance.' Franziska Sucker, Potchefstroom Electronic Law Journal'The book is a real treasure that will appeal to many lawyers, including legal scholars and legal practitioners interested in a better understanding and wider knowledge of the legal aspects of the BRICS cooperation.' Mateja Durovic, Chinese Journal of Comparative Law'Only on the basis of a legal foundation can BRICS continue its evolution towards an ever-more cooperative, interrelated, and ultimately maybe even integrated community of states. Pointing this out most clearly and providing illuminating and inspiring insight into the complexities of the BRICS realities, the book provides an invaluable resource and reference for scholars, practitioners, and anybody interested in international and global governance - under a political, an economic, and most importantly: a legal perspective.' Tim W. Dornis, European Review of Private LawTable of ContentsIntroduction; 1. The enantiosis of BRICS: BRICS la[w]yers and the difference that they can make; 2. Diversity and intra-BRICS trade: patterns, risks and potential; 3. Defending trade multilateralism: the BRICS countries in the World Trade Organization's Dispute Settlement Mechanism; 4. The BRICS investment framework: catching up with trade; 5. China-Africa and the BRICS: an insight into the development cooperation and investment policies; 6. Global fragmentation of competition law and BRICS: adaptation or transformation?; 7. Intellectual property negotiations, the BRICS factor and the changing North-South debate; 8. BRICS in the emerging energy trade debate; 9. The BRICS bank: on the edge of international economic law and the new challenges of twenty-first-century capitalism; 10. The political economy challenges of financial regulation in BRICS economies: a case study of capital markets regulation in India; 11. Contract law in the BRICS countries: a comparative approach; 12. Consumer protection law in BRICS and their future cooperation; 13. A dispute resolution centre for the BRICS?; 14. Legal and policy aspects of space cooperation in the BRICS region: inventory, challenges and opportunities; 15. For a BRICS agenda on culture and the creative economy; 16. Making lawyers in BRICS: histories, challenges, and strategies for legal education reform.
£106.40
Cambridge University Press Multimodal Conduct in the Law
Book SynopsisThe first study to provide an analysis of multimodal communication in courts of law. It will interest language and law scholars, and researchers in the fields of gesture studies and social interaction in institutional contexts. It will also appeal to those interested in the adjudication of sexual assault.Trade Review'… this book compellingly re-examines what we mean when we talk about 'language and law' and effectively debunks the myth that law is only about words. It provides a fascinating steppingstone for future work in courtroom discourse.' Ana-Maria Jerca, The LINGUISTTable of ContentsAcknowledgements; List of transcription conventions; Introduction; 1. Multimodal conduct: what is it?; 2. Co-constructing expert identity; 3. The transformation of evidence into precedent; 4. Negotiating intertextuality; 5. Motives and accusations; 6. Nailing down an answer; 7. Exhibits, tapes, and inconsistency; 8. Material mediated gestures; 9. Rhythmic gestures and semanticity; 10. Conclusion; References; Index.
£90.00
Cambridge University Press The Cambridge Handbook of Classical Liberal Thought
Book SynopsisPolls suggest up to twenty percent of Americans describe their beliefs as ''libertarian'', but libertarians are often derided as heartless Social Darwinists or naïve idealists. This illuminating handbook brings together scholars from a range of fields (from law to philosophy to politics to economics) and political perspectives (right, left, and center) to consider how classical liberal principles can help us understand and potentially address a variety of pressing social problems including immigration, climate change, the growth of the prison population, and a host of others. Anyone interested in political theory or practical law and politics will find this book an essential resource for understanding this major strand of American politics.Table of ContentsIntroduction; 1. The rise, fall, and renaissance of classical liberalism Ralph Raico; 2. Back the future: new classical liberalism and old social justice Jason Brennan; 3. More and better: resources defined through property and exchange Art Carden; 4. The boundaries of anti-discrimination laws David E. Bernstein; 5. Environmental protection: final frontier or Achilles heel? Jonathon H. Adler; 6. I, Pencil Leonard E. Read; Note from Editor and introduction Lawrence W. Reed; 7. Foot voting and the future of liberty Ilya Somin; 8. Classical liberal administrative law in a progressive world Michael Rappaport; 9. Political libertarianism Jacob T. Levy; 10. The bourgeois argument for freer immigration Fernando R. Tesón; 11. Rationality – what?: misconceptions of neoclassical and behavioral economics Mario J. Rizzo; 12. Property, intellectual property, and regulation James Y. Stern; 13. Classical liberalism and the problem of technological change Justin Hurwitz and Geoffrey A. Manne; 14. Classical liberalism, race and mass incarceration Aziz Huq; 15. Seven problems for classical liberals Louis Michael Seidman; 16. Meeting the fundamental objections to classical liberalism Richard A. Epstein.
£122.55
Cambridge University Press WTO Agreement on Subsidies and Countervailing Measures
Book SynopsisPanels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.Table of ContentsPart I. Introduction: Principle features of the ASCM and intervention logic; Negotiating history of the ASCM; Relationship with GATT 1994, other agreements and relevance of municipal law; Part II. Commentary: 1. General provisions; 2. Prohibited subsidies; 3. Actionable subsidies; 4. Non-actionable subsidies; 5. Countervailing measures; 6. Institutions; 7. Notification and surveillance; 8. Developing country members; 9. Transitional arrangements; 10. Dispute settlement; 11. Final provisions; Part III. Appendices.
£205.20
Cambridge University Press Beyond Cages
Book SynopsisFor all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on ''carceral animal law'' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.Trade Review'A groundbreaking call to conscience. Marceau firmly positions animal advocacy alongside broader struggles for social justice, and speaks to our shared values. This is the future of animal law.' Will Potter, author of Green is the New Red: An Insider's Account of a Social Movement Under Siege'Beyond Cages challenges the animal protection movement to critically examine its historical reliance on criminal law. Marceau rightly claims that the movement is ready for this internal critique, and he draws upon his expertise in animal law and criminal law to deliver it with great eloquence and persuasion. The animal protection movement will not - and indeed should not - be the same as a result of Beyond Cages.' Kristen Stilt, Harvard Law School'In this bold book, Marceau critiques the abject alliance between US animal rights organizations and the criminal justice system, and calls out the moral and political hypocrisy of celebrating racialized imprisonment, deportation, and privatized prosecutions as strategies of progressive social change. I hope Beyond Cages augurs a wholesale rejection of simplistic scapegoating in favor of alternative strategies inspired by more thoughtful illuminations of our collective complicity in deeply interconnected structures of oppression.' Timothy Pachirat, author of Every Twelve Seconds: Industrialized Slaughter and the Politics of Sight'Arguments that cruelty to nonhuman animals render humans cruel to each other date back to at least the eighteenth century. In this groundbreaking book, Justin Marceau explains how the criminalization of animal cruelty - often justified by the link between the human propensity to harm others humans if they are violent to nonhuman animals - has been a mistaken focus for the animal law movement. A law-and order approach, what Marceau calls 'Carceral Animal Law', does not fit with a civil rights movement for nonhuman animals. This is a very important intervention, working with what is often treated as common sense and breaking it down by asking the hard questions that need to be put about what is appropriate, effective, and humane when dealing with those who harm or abuse nonhuman animals. Beyond Cages is a must read for anyone interested in animal law, criminal law, and the (at times errant) logic of social justice movements past and present.' Angela Fernandez, University of TorontoTable of Contents1. Introduction; 2. Incarcerating humans as a salient feature of animal protection; 3. Context: an overview of the mass criminalization problem; 4. A descriptive account and typology of the carceral animal law system; 5. Specific critiques of the carceral turn in animal protection; 6. Race, mass-criminalization and animal law; 7. Punishment and the 'Link' between animal abuse and human violence; 8. Anticipating challenges to the critique of carceral animal law; 9. Conclusion: towards a new research and advocacy agenda for animal protection.
£90.25
Cambridge University Press Immigration and Refugee Law in Russia
Book SynopsisImmigration and Refugee Law in Russia confronts the issue of access to justice and the realisation of human rights for migrants and refugees in Russia. It focuses on everyday experiences of immigration and refugee laws and how they work ''in action'' in Russia. This investigation presupposes that the reality is much more complex than is generally assumed, as it is mediated by peoples'' varied positionalities. Agnieszka Kubal''s primary focus is on people, their stories and experiences: migrants, asylum seekers, refugees, immigration lawyers, Russian judges, and the Federal Migration Service officers. These actors speak with different voices, profess different ideologies, and hold opposite worldviews; what they hold in common is their importance to our understanding of migration processes. By this focus on individual views and opinions, Kubal highlights the complexity and nuance of everyday experiences of the law, breaking away from the portrayal of Russia as a legal and ideological monolith.Trade Review'In this engaging, insightful, and well-crafted ethnography, Kubal sheds light on the critical impact that the scarce resource of access to justice and to dedicated lawyers can make in immigrants' lives - in Russia and elsewhere. Highly recommended for academics and practitioners alike.' Cecilia Menjívar, Dorothy L. Meier Social Equities Chair, University of California, Los Angeles'This is a really splendid addition to the Law in Context series. Agnieszka Kubal has done us all a great service by showing, with meticulous socio-legal methodology, that Russian legality is much more complex than often supposed. In particular, immigration and refugee law, even in this authoritarian state, is not an empty shell, but can make a real difference through the activity of passionate and courageous advocates and activists - and even, on occasion, judges.' Bill Bowring, Director LLM/MA Human Rights, Birkbeck, University of London'We know too little about how law is experienced by the powerless. Kubal's book shines a welcome light on a corner of the Russian legal system that has been neglected for too long. She succeeds in capturing multiple points of view and weaves these empirical narratives together in a way that is reminiscent of Ewick and Silbey's The Common Place of Law. Kubal's book does an admirable job of capturing the day-to-day reality of Russian courts and deserves to be read by anyone interested in comparative legal systems.' Kathryn Hendley, William Voss-Bascom Professor of Law and Political Science, University of Wisconsin, Madison'Migration is one of the most pressing challenges that Europe faces now. Kubal produces a methodologically sound and empirically impressive study of contemporary Russian experience in this area. Looking beyond stereotypes and legislative texts, she tells the stories of people affected - above all, migrants and those who try to defend them from the system.' Dr Sergey Golubok, Human Rights lawyer, member of the St Petersburg Bar Association and the European Criminal Bar Association'This book - because Russia is one of the major but still under-researched immigration countries - is hugely important in three ways: it addresses a crucial research gap in migration studies, it is an excellent contribution to the study of policy implementation and it is an important case study on Russian politics in general.' Franck Düvell, Head of the Migration Department, German Centre for Integration and Migration Research, Berlin'A fascinating and nuanced ethnographic account of the legal experiences of migrants in Russia, along with the struggles of their lawyers, migration officials and judges hearing their cases. Many migrants suffered from the application of laws aimed at their control, if only because of the fetishization of legal documents or the quasi-criminalization of minor violations. Yet the noble efforts of the (usually female) lawyers helping migrants and the judges' occasional acceptance of human rights arguments led to happy endings for others. While the regulation of migration in Russia resembled practices found in other countries, its social meaning made the Russian amalgam unique, a conclusion illustrated by vivid personal stories.' Peter H. Solomon, Jr, Emeritus Professor of Political Science, Law and Criminology, University of Toronto'There are two ways to look at the operation of the Russian judiciary. One is to focus on miscarriages of justice in salient and often politically motivated cases. The other is to dismiss such cases and to argue that, in day-to-day enforcement, the rule of law is being maintained. This compelling account demonstrates how the Russian administration and judiciary practise arbitrariness against vulnerable migrants on a daily basis. While the study is limited to immigration, the situation in other fields of public law is no different, so this work should generate a broad interest.' Kirill Koroteev, Legal Director, Human Rights Centre 'Memorial', Moscow'This book constitutes a unique resource of immigration and asylum law and its enforcement in Russia; it is empirically rich and analytically nuanced. Kubal reveals who migrants and asylum seekers in Russia are, why they keep coming to the country and how the authorities deal with them. Sometimes, these are stories of life and survival; sometimes, the stories of broken hopes and disappointments on immigration trails. I highly recommend Kubal's work as essential to read for academics and migration policy-makers, but also - given its engaging style - the book should be of interest to a general audience.' Olga Gulina, Ph.D. in Law, Ph.D. in Migration Studies, founder and CEO of the RUSMPI UG - Institute on Migration Policy'Altogether, the book represents an important and timely contribution to the existing scholarship on Russian immigration and asylum law, a fascinating yet clearly under-researched area. Written in a lively and engaging style, the present study is highly recommended not only to scholars working in the fields of migration and mobility, but also to general readers broadly interested in the subject.' Aleksandra Jolkina, Europe-Asia StudiesTable of Contents1. Socio-legal perspectives on immigration and refugee law in Russia; 2. Immigration and refugee law in Russia: an overview of the legal environment; 3. Immigration and refugee lawyers as cause lawyers: cause lawyering with the grain?; 4. Everyday experiences of Russian immigration law: the entry bar case study; 5. Tracing the case file: culture of materiality in immigration and refugee law; 6. The use of human rights In Russian courts: analysis of judgments in immigration and refugee law cases; 7. Who are the humans behind the human rights cases? Migration cases from Russia to the European Court of Human Rights; Conclusions.
£999.99
Cambridge University Press The Alchemists
Book SynopsisCan courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.Trade Review'This extraordinarily timely work deals with a critical question for democratisation about the weight of the expectations placed on constitutional and human rights courts. The work is global in its focus, soundly based in fact, impeccably researched and convincingly argued. It will be a staple of the democratisation literature for some time to come.' Cheryl Saunders, Laureate Professor Emeritus, Melbourne Law School and Co-convenor of Constitution Transformation Network'Tom Gerald Daly's The Alchemists is an important contribution to the growing comparative constitutional law of democracy, and takes the literature in exciting new directions. By examining in detail the 'democracy-building' jurisprudence of the Brazilian Supreme Court, and the complex interplay between regional human rights courts and national constitutional courts, especially in Latin America, The Alchemists raises a host of important questions and insights that will spark many scholarly conversations.' Sujit Choudhry, I. Michael Heyman Professor of Law, University of California, Berkeley and Founding Director, Center for Constitutional Transitions'The Alchemists is an important new book in the field of comparative constitutional studies, which poses a serious challenge to recent arguments in favour of constitutional courts as promoters or defenders of democracy. It highlights the danger, in this context, of high popular expectations of such courts, twinned with low court capacity. It also points to distinct dangers related to courts assuming an ambitious role in democratic transformation, such as via the enforcement of social rights, the danger of obfuscating underperformance in other key areas, distracting from core political struggles, and underplaying the centrality of political rights. In making these arguments it also canvasses a broad and diverse range of jurisdictions. It is essential reading for anyone working or writing in the field of democratisation and comparative constitutionalism.' Rosalind Dixon, Professor of Law, University of New South Wales Faculty of Law'Comparative constitutionalists, political scientists, and policymakers have recently shown great faith in the work of courts in new democracies. Anchored by a rich case study of Brazil and drawing on a wide range of comparative evidence, The Alchemists is not only an important caution pushing back against this trend, but also provides a thoughtful map of the ways in which domestic and international courts might work towards a more achievable role conception. Scholars of courts and democratization processes will benefit immensely from grappling with Tom Gerald Daly's arguments.' David E. Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of LawTable of ContentsPreface: our court obsession; Acknowledgments; Table of cases; List of abbreviations; Introduction: an onerous role for courts as democracy-builders; 1. The core concept: democratisation; 2. The rise and limits of constitutional courts as democracy-builders; 3. The rise and limits of human rights courts as democracy-builders; 4. 'Democratisation jurisprudence': framing courts' democracy-building roles; 5. Domestic democratisation jurisprudence in action: Brazil since 1988; 6. Regional democratisation jurisprudence: shaping democracy from outside; 7. What should courts do in a young democracy? Rethinking our approach; Concluding thoughts: moving beyond our court obsession; Bibliography; Index.
£88.50
Cambridge University Press International Law Reports Volume 171 International Law Reports Series Number 171
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 171 is devoted to the United Kingdom Supreme Court judgment of 24 January 2017 in R (Miller) v. Secretary of State for Exiting the European Union (together with judgment of the High Court), The Arctic Sunrise Arbitration (2014 award on jurisdiction and 2015 award on the merits) and the WTO Peru-Additional Duty on Imports of Certain Agricultural Products (Complainant: Guatemala).Table of Contents1. The Arctic Sunrise (Kingdom of the Netherlands v. Russian Federation); 2. Yogogombaye v. Republic of Senegal; 3. Falana v. African Union; 4. Mkandawire v. Republic of Malawi; 5. Chacha v. United Republic of Tanzania; 6. Thomas v. United Republic of Tanzania; 7. East African Centre for Trade Policy and Law v Secretary-General of the East African Community; 8. Burundian Journalists Union v. Attorney-General of the Republic of Burundi; 9. Situation in the Republic of Mali Prosecutor v. Al Mahdi; 10. Aarrass v. Spain; 11. AHG v. Canada; 12. Peru – Additional Duty on Imports of Certain Agricultural Products; 13. AN (Afghanistan) v. Secretary of State for the Home Department; 14. R (on the application of Miller) v. Secretary of State for Exiting the European Union; 15. Yousuf v. Samantar; 16. OBB Personenverkehr AG v. Sachs.
£190.95
Cambridge University Press International Law Reports Volume 174
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 174 is devoted to the 2013 order and 2014 judgment of the International Court of Justice in Whaling in the Antarctic (Australia vs. Japan), the 2017 Grand Chamber judgment of European Court of Human Rights in Hutchinson vs. United Kingdom and the 2016 Austrian Supreme Court decision in Swiss National Bank Immunity case.Table of Contents1. Whaling in the Antarctic (Australia v. Japan: New Zealand intervening); 2. Murray v. Netherlands; 3. Hutchinson v. United Kingdom; 4. Ilyasov v. Kazakhstan; 5. Leghaei and Others v. Australia; 6. Swiss National Bank Immunity Case; 7. Conflict of International Treaty Obligations Case; 8. Popper's Villa Case; 9. Non-Profit Associations Act Case; 10. Al Attiya vs. Al Thani; 11. R (Bashir and Others) v. Secretary of State for the Home Department.
£190.95
Cambridge University Press International Law Reports Volume 173
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 173 reports on, amongst others, the landmark Norbert Zongo Case; African Court on Human and Peoples' Rights awarding reparations to victims for the first time, the Judgments of the Court of Justice of the European Union in the Polisario Case and the Appeal judgment of Federal Court of Australia in Ure v. Commonwealth.Table of ContentsQuestions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia); The Duzgit Integrity Arbitration (The Republic of Malta v. The Democratic Republic of São Tomé and Príncipe); Beneficiaries of Late Zongo and Others v. Burkina Faso; Abubakari v. United Republic of Tanzania; Council of the European Union v. Front Polisario; Katabazi and Others v. Secretary General of the East African Community and Attorney General of the Republic of Uganda; Mohochi v. Attorney General of the Republic of Uganda; Griffiths v. Australia; Husseini v. Denmark; Ure v. Commonwealth of Australia and Another; R (Yam) v. Central Criminal Court; In re Terrorist Attacks on September 11, 2001; Harrison v. Republic of Sudan.
£190.95
Cambridge University Press International Law Reports Volume 172 International Law Reports Series Number 172
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 172 is devoted to the 2014 judgment of International Court of Justice in Maritime Dispute (Peru v. Chile), the judgment of South African Constitutional Court in National Commissioner of the South African Police Service v. Southern Africa Human Rights Litigation Centre and the 2016 judgment of the English High Court in R (Freedom and Justice Party) v. Secretary of State for Foreign and Commonwealth Affairs.Table of Contents1. Maritime Dispute (Peru v. Chile); 2. Tanganyika Law Society and the Legal and Human Rights Centre v. United Republic of Tanzania and Mtikila v. United Republic of Tanzania; 3. Air Transport Association of America and Others v. Secretary of State for Energy and Climate Change; 4. 'Mapiripán Massacre' v. Colombia; 5. SID and Others v. Bulgaria; 6. National Commissioner of the South African Police Service v Southern Africa Human Rights Litigation Centre and Another; 7. R (Freedom and Justice Party) v. Secretary of State for Foreign and Commonwealth Affairs.
£190.95
Cambridge University Press Injustice and the Reproduction of History
Book SynopsisDemands for redress of historical injustice are a crucial component of contemporary struggles for social and transnational justice. However, understanding when and why an unjust history matters for considerations of justice in the present is not straightforward. Alasia Nuti develops a normative framework to identify which historical injustices we should be concerned about, to conceptualise the relation between persistence and change and, thus, conceive of history as newly reproduced. Focusing on the condition of women in formally egalitarian societies, the book shows that history is important to theorise the injustice of gender inequalities and devise transformative remedies. Engaging with the activist politics of the unjust past, Nuti also demonstrates that the reproduction of an unjust history is dynamic, complex and unsettling. It generates both historical and contemporary responsibilities for redress and questions precisely those features of our order that we take for granted.Trade Review'This is a major contribution to our thinking about historical injustice, and especially innovative in taking the position of women as a paradigmatic example. By putting gender at the centre of her analysis, Nuti is able to make compelling new arguments about the normative significance of the unjust past.' Anne Phillips, author of The Politics of the Human'Arguing that discussions about historical injustice wrongly conceptualises history, Alasia Nuti reframes the debate by developing a structural account of history. This new account of history, alongside a focus on women, allows us to see historical injustices in new and important ways. This is a provocative and insightful book that is a major contribution to the literature on historical injustice.' Jeff Spinner-Halev, Kenan Professor of Political Science, University of North Carolina, Chapel Hill'In this path-breaking book, Alasia Nuti develops a new way to combine reflections on historical and structural injustice. Taking us beyond reified notions of time, agency or social groups, she suggests a powerful account of political and social justice that speaks to the past, the present and the future.' Rainer Forst, Johann Wolfgang Goethe-Universität Frankfurt am MainTable of Contents1. Introduction; 2. De-temporalising (historical) injustice; 3. The structural reproduction of unjust history; 4. History, injustice and groups; 5. Defining women as a group; 6. Women and the reproduction of unjust history in egalitarian contexts; 7. The policy of the unjust past; 8. The politics of the unjust past; 9. Conclusion: responsibility and the process of redress; References; Index.
£85.50
Cambridge University Press International Governance and the Rule of Law in
Book SynopsisThis edited volume aims at examining China''s role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals, but also local demand and socio-political circumstances, to explain and understand China''s legal interactions with countries along the Road, so that more useful insights can be produced in predicting and analysing China''s as well as other emerging Asian countries'' legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong have contributed to this edited volume, which produces academic dialogues and conducts intellectual exchanges in specific sub-themes.Table of ContentsIntroduction; Part I. Convergence of International Rules: 1. The Belt and Road Initiative and international law: an international public goods perspective Jingxia Shi; 2. Performative uses of sovereignty in the Belt and Road Initiative Samuli Seppanen; Part II. Development of Substantive International Rules and China's Contribution: 3. The Belt and Road Initiative under existing trade agreements: some food for thought on a new regional integration scheme Jaemin Lee; 4. Anti-monopoly law in China: administrative and private enforcement and the Belt and Road Initiative from an anti-monopoly law perspective Sarah Wersborg; 5. The Belt and Road Initiative: cooperation in trade liberalization and antitrust enforcement Kelvin Hiu Fai Kwok; 6. The Belt and Road Initiative, expropriation, and investor protection under BITs Wei Shen; 7. ASEAN financial integration and the Belt and Road Initiative: legal challenges and opportunities for China in Southeast Asia Christopher Chen; 8. Prognostic view of the applicable law for AIIB loan agreements Yue Peng; 9. The role of environmental impact assessment in the governance of Nu-Salween River: a comparative study of the Chinese and Myanmar approaches Yongmin Bian; 10. Role of regional space cooperation in procuring space security in the Asia-Pacific region: prospects for the future Yun Zhao; Part III. Development of International Dispute Resolution under the Belt and Road Initiative: 11. Regional dispute resolution: an international civil dispute resolution model for East Asia Yuhong Chai; 12. Enforcement of arbitral awards in Asia under the Belt and Road Initiative: implications for international governance and the Chinese rule of law Weixia Gu; 13. Establishment of an international trade dispute settlement mechanism under the 'Belt and Road Initiative' Shengli Jiang.
£999.99
Cambridge University Press The Cambridge Handbook of Policing in the United States
Book SynopsisThe Cambridge Handbook of Policing in the United States provides a comprehensive collection of essays on police and policing, written by leading experts in political theory, sociology, criminology, economics, law, public health, and critical theory. It unveils a range of experiences - from the police chief of a major metropolitan force to ordinary people targeted for policing on the street - and asks important questions about whether and why we need the police, before analyzing the law of policing, police use of force, and police violence, paying particular attention to the issue of discrimination against marginalized and vulnerable communities at the blunt end of police interference. The book also discusses technological innovations and proposals for reform. Written in accessible language, this interdisciplinary work will be a valuable resource for anyone interested in understanding the present and future of policing in the United States.Trade Review'This is not your average book about policing. It draws from a wide range of disciplines - not just law and criminology, but political science, sociology and economics - to provide a rich tapestry of insights into what policing is, its benefits and dangers, and how it should change. If you want to understand modern debates about policing, including whether it should continue to exist at all, this book is a must read.' Christopher Slobogin, Milton Underwood Professor Law, Vanderbilt University Law School'This important and compelling book brings together the nation's leading experts on the law, political theory, sociology, and criminology of policing. The authors tackle some of the most urgent contemporary debates in policing, including uses of force, technological innovations, street level police practices, and reform proposals. This book is required reading for anyone interested in the law and practice of policing in the United States.' L. Song Richardson, Dean of University of California Irvine School of Law'This volume provides an excellent array of perspectives on policing in 28 essays by an impressive collection of respected authors. They deal with the good and bad aspects of operation of police on the street and provide strong understanding of the problems and approaches to improving their performance in the diverse communities of America.' Alfred Blumstein, Carnegie Mellon University'This sophisticated collection brings together a rich group of thinkers and viewpoints. Offering an elegant mix of policy expertise, community perspectives, social science, legal theory, and philosophy, it is at once critical and appreciative of the complex role played by policing throughout our democracy. The book is strongly interdisciplinary - it melds scholarship on social vulnerability and race with inquiries into such wide-ranging topics as police unions, technology, big data, and violence. Scholars, students, and experts alike will learn much from this provocative volume.' Alexandra Natapoff, University of California and author of Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More UnequalTable of ContentsPart I. The View from the Streets: 1. Policing as though the public really matters: a call for outcome-based policing Cameron McLay; 2. Policing in St Louis: 'I feel like a runaway slave sometimes' Thomas Harvey and Janae Staicer; Part II. Do We Need Public Police?: 3. Why we need police Justin McCrary and Deepak Premkumar; 4. Police abolitionist discourse? Why it's been missing (and why it matters) Jonathan Simon and Eduardo Bautista Duron; 5. The police as civic neighbors Eric J. Miller; 6. Pretext and justification: republicanism, policing, and race Ekow Yankah; 7. The private policing paradox Elizabeth Joh; Part III. The Law of Policing: 8. Justifying police practices: the example of arrests Rachel Harmon; 9. Police interrogation and suspect confessions Richard A. Leo; 10. How fear shapes policing in the US David A. Harris; 11. The futile Fourth Amendment: understanding police excessive force doctrine through an empirical assessment of Graham v. Connor Osagie K. Obasogie and Zachary Newman; 12. The problematic prosecution of an Asian American police officer: notes from a participant in People v Peter Liang Gabriel J. Chin; Part IV. Police Force and Police Violence: 13. Confrontational proactive policing: benefits, costs, and disparate racial impacts Charles Manski and Daniel S. Nagin; 14. Race, police, and the production of capital homicides Jeff Fagan and Amanda Geller; 15. What drives variation in killings by urban police in the United States – two empirical puzzles Franklin Zimring; Part V. Discrimination: 16. Race, pedestrian checks, and the Fourth Amendment Devon W. Carbado; 17. In the shadows: policing immigration in the criminal justice system and its impact on racial disparities and identity Yolanda Vázquez; 18. Policing 'radicalization' Amna Akbar; 19. Police and the criminalization of LGBT people Ilan H. Meyer, Naomi G. Goldberg, Amira Hasenbush, Christy Mallory and Lara Stemple; 20. Police sexual violence Tamara Rice Lave; 21. Policing the mentally ill in Los Angeles on the frontlines of transinstitutionalization Natalie Pifer; Part VI. Technology: 22. The pitfalls of police technology: a minority report Kami Chavis; 23. Citizenship talk Bennett Capers; 24. Predictive policing theory Andrew Guthrie Ferguson; 25. Big data surveillance: the case of policing Sarah Brayne; Part VII. Reform: 26. Unions and police reform Stephen Rushin; 27. Procedural justice and policing: four new directions Rebecca Hollander Blumoff; 28. Moving toward an American police-community reconciliation framework David Kennedy and Jonathan Ben-Menachem.
£127.30
Cambridge University Press Human Rights Democracy and Legitimacy in a World of Disorder
Book SynopsisHuman Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Comprising essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may brinTable of ContentsIntroduction; Part I. General Aspects of Human Rights, Democracy, and Legitimacy: 1. Human rights as membership rights in the world society Mathias Risse; 2. Human rights, treaties, and international legitimacy Gerald L. Neuman; 3. Human rights and constitutional rights: a proceduralizing function for substantive constitutional law? Frank I. Michelman; 4. Expectation-based legitimacy Wilfried Hinsch; 5. The second bill of rights: a reconsideration Samuel Moyn; Part II. Current Problems of Human Rights, Democracy, and Legitimacy: 6. Human rights and the legitimate governance of existential and global catastrophic risks Silja Voeneky; 7. On the human right to health: statistical lives, contingent persons, and other difficult questions I. Glenn Cohen; 8. Democracy, health systems, and the right to health: narratives of charity, markets, and citizenship Alicia Ely Yamin; 9. Political legitimacy and private governance of human rights: community-business social contracts and constitutional moments Tyler Giannini; 10. Human rights and legitimacy in the implementation of EU asylum and migration law Iris Goldner Lang; 11. On uses and misuses of human rights in European constitutionalism Vlad Perju.
£111.00
Cambridge University Press Peoples Tribunals and International Law
Book SynopsisPeoples'' Tribunals and International Law is the first book to analyse how civil society tribunals implement and develop international law. With contributions covering tribunals in Europe, Latin America and Asia, this edited collection provides cross-disciplinary academic and activist perspectives and unique insights into the phenomenon of peoples'' tribunals. Written by academics in law, anthropology and international relations, it also incorporates the reflections of civil society activists and advocates on peoples'' tribunals. The collection includes chapters ranging from the Permanent Peoples'' Tribunal, successor to the Bertrand Russell Tribunal established to question the legality of the Vietnam War, to recent tribunals addressing atrocities in Soeharto''s Indonesia and violations against migrants in Europe. Peoples'' Tribunals and International Law offers the first sustained analysis of the different approaches to international law in tribunal proceedings. It will interest scholars of law, criminology, human rights, politics, sociology, anthropology and international relations.Table of ContentsIntroduction Andrew Byrnes and Gabrielle Simm; Part I. Introduction: History of Peoples' Tribunals: 1. International peoples' tribunals: their nature, practice and significance Andrew Byrnes and Gabrielle Simm; 2. The history of the permanent peoples' tribunal Gianni Tognoni; Part II. The Politics of Bearing Witness and Listening: 3. Peoples' tribunals, women's courts and international sexual violence crimes Gabrielle Simm; 4. The Tokyo Women's Tribunal: transboundary activists and the use of law's power Tina Dolgopol; 5. The International People's Tribunal on 1965 crimes against humanity in Indonesia: an anthropological perspective Saskia E. Wieringa; 6. The participation of peoples in the development of international law: the laboratory of the Permanent Peoples' Tribunal Simona Fraudatario and Gianni Tognoni; Part III. Legal Pluralism and Popular International Law: 7. Accusing 'Europe': articulations of migrant justice and a popular international law Sara Dehm; 8. The Permanent Peoples' Tribunal and indigenous peoples' struggle in Mexico: between coloniality and epistemic justice Rosalba Icaza Garza; 9. Evaluating the Biak Massacre Citizens' Tribunal and the disputed Indonesian region of West Papua Nicola Edwards; 10. Assessing the contribution of the Latin American Water Tribunal to transnational environmental law Belén Olmos Giupponi; Part IV. The Future of International Peoples' Tribunals: 11. Reflections on the past and future of international peoples' tribunals Andrew Byrnes and Gabrielle Simm.
£95.00
Cambridge University Press Religious Discrimination and Cultural Context
Book SynopsisGenerations of festering culture wars, compounded by actual wars in predominantly Muslim countries, the terrorism of Isis, and the ongoing migrant crisis have all combined to make religious discrimination the most pressing challenge now facing many governments. For the leading common law nations, with their shared Christian cultural heritage balanced by a growing secularism, the threat presented by this toxic mix has the potential to destabilise civil society. This book suggests that the instances of religious discrimination, as currently legally defined, are constrained by that cultural context, exacerbated by a policy of multiculturalism, and in practice, conflated with racial, ethnic or other forms of discrimination. Kerry O''Halloran argues that many culture war issues - such as those that surround the pro-choice/pro-life debate and the rights of the LGBT community - can be viewed as rooted in the same Christian morality that underpins the law relating to religious discrimination.Trade Review'Issues of religious discrimination - whether real or imaginary - have become ever more important in a world that is increasingly polarised between secularism and religious fundamentalism. This book is an important contribution to the debate on the 'culture wars' as viewed through the lens of some of the major multi-cultural common law jurisdictions.' Frank Cranmer, Cardiff University'Religious Discrimination and Cultural Context tackles some of the most perplexing social issues that are facing liberal democracies today as Christianity wanes and the ISIS challenge to social cohesion grows. The laws of England and Wales, Ireland, the USA, Canada, Australia and New Zealand and their cultural context are examined in relation to the main areas of religious discrimination. The book tracks how infractions are processed through regulatory or judicial systems and considers the significance of any jurisdictional similarities or differences in the way issues are resolved. This poses questions such as: will governments be moved from a position of State neutrality to assert a positive policing role, regulating for the public benefit, in respect of religious matters? It is a thought-provoking contribution for our times.' Myles McGregor-Lowndes, Queensland University of Technology, Australia'This book is an intriguing and challenging assessment of the ability of the law to address the problem of religious discrimination in an increasingly multicultural society. In particular, O'Halloran explores the manner in which religion and culture are frequently intertwined in ways that often result in religious discrimination becoming a means of expressing cultural animus. The so-called 'culture wars' provide the backdrop for a study of the ways in which the moral arguments advanced by its various participants often merely serve as proxies for religious or cultural discrimination. The book contains an exhaustive survey of legal prohibitions against religious discrimination across the common law world that will prove invaluable to researchers in religion, human rights and comparative law. More importantly, O'Halloran shows that the common law has not yet developed the tools to address claims of discrimination where culture and religion are intertwined. This book is an important contribution to a debate that is sure to intensify as our society becomes ever more globalised in the years to come.' Matthew Harrington, Université de Montréal, CanadaTable of ContentsPart I. Background: Introduction to Part I; 1. Identity, alienation and the law: the twentieth-century legacy; 2. Religion, culture and religious discrimination; Part II. Balancing Public and Private Interests: Introduction to Part II; 3. Religion: the public and the private; 4. The international framework and themes of religious discrimination; Part III. Contemporary Religious Discrimination in Common Law Jurisdictions: The Judicial Rulings: Introduction to Part III; 5. England; 6. Ireland; 7. The US; 8. Canada; 9. Australia; 10. New Zealand; Part IV. Religion and Discrimination: An Overview: Introduction to Part III; 11. Themes of jurisdictional commonality and difference; 12. Contexting religion, culture and discrimination; Conclusion.
£140.60
Cambridge University Press A History of Australian Tort Law 19011945
Book SynopsisLittle attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.Table of Contents1. Introduction; 2. Historiography and the history of Australian private law in the first half of the twentieth century: Et in Arcadia Ego?; 3. Avoiding and interpreting the 'refinements of English law': Defamation in Australia 1901–45; 4. Politics, politicians, the press and the law of defamation; 5. Negligence and the boundaries of liability: liability for acts of third parties; 6. Negligence and the vexing question of shock-induced harm; 7. Negligence and the boundaries of liability: government and quasi-government liability; 8. In defence of King and country; 9. Environment and Australian tort law: the problem of fire and weeds; 10. Sport and recreation: tort law and the national pastime 1901–45; 11. Conclusion.
£95.00
Cambridge University Press Global Environmental Change and Innovation in International Law
Book SynopsisThe challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law''s functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.Table of Contents1. International law, innovation and environmental change in the Anthropocene Cameron S. G. Jefferies, Sara L. Seck and Tim Stephens; Part I. Innovation in Legal Responses to Normative Change: 2. Differentiation in international environmental law: has pragmatism displaced considerations of justice? Patrícia Galvão Ferreira; 3. The Paris Agreement: continuity and change within the climate regime Tomoaki Nishimura; 4. Global climate finance and the Green Climate Fund: can innovation and democracy co-exist? Katherine Owens; Part II. Innovative Legal Responses to the Consequences of Physical Change: 5. 'Blue carbon' and the need to integrate mitigation, adaptation and conservation goals within the international climate law framework Justine Bell-James; 6. Innovative developments in international fisheries law and their contribution to improving the effectiveness of RFMOs and other environmental regimes Holly Matley; 7. Addressing climate induced displacement: the need for innovation in international law Hitomu Kimura; 8. Climate change and protection of the marine environment: food security, evolutionary interpretation, and novel application of dispute settlement mechanisms under the United Nations Convention on the Law of the Sea Chie Kojima; Part III. International Law Responses to Technological Innovation: 9. Solar radiation management geoengineering and strict liability for ultra-hazardous activities Kerryn Brent; 10. Balancing innovation, development and security: dual-use concepts in export control laws Machiko Kanetake; 11. Innovative policies for overcoming barriers to financing for green energy projects in Sub-Saharan Africa Leslyn A. Lewis; 12. International cooperation, intellectual property, and climate-essential innovation Brian R. Israel; Part IV. Innovation to Address Governance Challenges in Intersecting Regimes: 13. The climate change tent and the trade cathedral: assessing the relationship between environmental regulations and WTO Law after the Paris Agreement Maria Panezi; 14. Legislative innovation in the trade and climate regimes: towards a framework for the comparative analysis of multilateral lawmaking Nicolas Lamp; 15. Investor-state arbitration and domestic environmental governance: recent developments in Canada Matthew Levine; Part V. Conclusions: 16. The value of an innovation framework for international law Neil Craik and Sara L. Seck.
£110.00
Cambridge University Press The WTO AntiDumping Agreement
Book SynopsisA unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary''s structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.Table of ContentsPart I. Introduction; Part II. Article 1 – Principles; Part III. Article 2 – Determination of Dumping; Part IV. Article 3 – Determination of Injury; Part V. Article 4 – Definition of Domestic Industry; Part VI. Article 5- – Initiation and Subsequent Investigation; Part VII. Article 6 – Evidence; Part VIII. Article 7 – Provisional Measures; Part IX. Article 8 – Price Undertakings; Part X. Article 9 – Imposition and Collection of Anti-Dumping Duties; Part XI. Article 10 – Retroactivity; Part XII. Article 11 – Duration and Review of Anti-Dumping Duties and Price Undertakings; Part XIII. Article 12 – Public Notice and Explanation of Determinations; Part XIV. Article 13 – Judicial Review; Part XV. Article 14 – Anti-Dumping Action on Behalf of a Third Country; Part XVI. Article 15 – Developing Country Members; Part XVII. Article 16 – Committee on Anti-Dumping Practices; Part XVIII. Article 17 – Consultation and Dispute Settlement; Part XIX. Article 18 – Final Provisions.
£174.80
