Law Books

Book SynopsisCritics have decried human rights approaches' a failure to attend to structural factors, but this book seeks to go beyond a 'stance of criticism'. It takes up the positive project of reimagining how human rights could attend to the worlds that produce systematic violations like torture so as to prevent it.Trade Review'Torture has been used in most countries, for the powerful to extract information from victims, and to punish dissidents for alleged wrong doings. To begin to understand this form of institutional violence we must realize it is less about aberrant individuals than it is about pathological social situations. In her powerful book, The Prevention of Torture: An Ecological Approach, author Professor Danielle Celermajer has taken this situational hypothesis, and combined it with rich empirical research on the actual situations where systematic torture occurs. Most uniquely, she has devised a new analysis that can form the foundation of effective prevention strategies. This book is theoretically sophisticated, practically oriented and ethically penetrating. It is must reading as a major step forward in how we think about torture globally, and then actually go about preventing torture.' Philip G. Zimbardo, Stanford University, California'Celermajer's book brings together deftly practical policy work and social theory. Institutions aren't cruel; people are. And we do not get any closer to adequate explanations, much less prevention, if we cannot link institutional outcomes to the ordinary motivations people have for doing what they do. Otherwise, we commit the scholastic fallacy, filling the minds of violators with thoughts they could not possibly have had but which seem plausible to a society of scholars. Celermajer's situationalist approach takes in painful fieldwork in South Asia, while illuminating the philosophical complexity of causation when people torture others.' Darius Rejali, Reed College, Oregon'Torture is one of the most brutal violations of human rights and a direct attack on the core of human dignity. In her fascinating book The Prevention of Torture, Danielle Celermajer studies the factors that condition and sustain torture, in order to propose how to bring about systemic institutional and cultural change. As the founder and first director of the Asia-Pacific Master in Human Rights and Democratisation, she is able to draw on rich empirical material from Sri Lanka and Nepal. Her systemic approach to human rights also offers a refreshing response to Samuel Moyn and similar theoretical voices criticizing the very concept of human rights as overly individualistic or as even being complicit with neo-liberal economic policies.' Manfred Nowak, Vienna University and Secretary General of the Global Campus of Human Rights in Venice, previously UN Special Rapporteur on Torture'Celermajer's examination of the complexity of causality is invaluable to the field. Her call to address the entire ecology of torture, while not discarding the individual culpability, is one that we should heed. A remarkable achievement, The Prevention of Torture, in its careful analysis of theory and praxis, will inform the work of those who seek to stop torture for many years to come.' Dinah Pokempner, General Counsel, Human Rights Watch'The Prevention of Torture: An Ecological Approach is a bold, original and powerful reflection on society's approaches to 'wicked problems', not just torture prevention. The author has demonstrated convincingly why doing more of the same (law reform, human rights training, punishment and deterrence) is not enough. She has the foresight and wisdom to design a rigorous research project, the tenacity and strength to endure the obstacles that were thrown her way, and the humility and generosity to create this important book that will change forever how we conceive of and tackle problems such as torture prevention.' Janet Chan, University of New South Wales'With this book, Danielle Celermajer has made both a significant contribution to the conceptualization and practice of human rights advocacy as well as to a public health approach to understanding and preventing traumatic violence and abuse in security settings. She brings an ecological or systems approach to understanding the multiple conditions that lead to the unlawful use of force, particularly torture. This important addition to the torture prevention toolkit brings a collaborative approach to complement the more adversarial legal and prosecutorial approaches that have dominated human rights practices. The lessons learned in this book can be applied not only to police and military settings worldwide, but to any setting where violence prevention is being addressed.' Jack Saul, Director of the International Trauma Studies Program'Torture prevention is especially difficult to study because torture almost always happens in the shadows … Danielle Celermajer, by contrast, is determined not only to build an academically rigorous theory of change about how to prevent torture … but also to test it in the field by taking a project team into the heart of torturing institutions in Nepal and Sri Lanka … an important contribution in and of itself …' Sonya Sceats, International Affairs'… Celermajer's work undoubtedly merits wide inclusion on the reading lists of postgraduate programmes in applied human rights. Celermajer ensures that the demands and difficulties of the world of human rights practice are always kept in view throughout the book.' Brian Phillips, Journal of Human Rights PracticeTable of ContentsIntroduction; 1. The principal approaches preventing torture; 2. How effective has torture prevention been? 3. The situational conditions of institutional violence; 4. The production of worlds of torture; 5. Agents, structures and the social imaginary of human rights; 6. Taking situational theory to the field; 7. The promises and hazards of practice; Conclusion.

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Book SynopsisThis book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.Trade Review'This book proposes an institutional constructivist model for social scientific and legal inquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics.' Law & Social InquiryTable of ContentsIntroduction: on schemata: constructing theories and explanations; Part I. Theory Perspectives and Connexio Rerum: 1. On the methodology of social sciences: the case for connexio rerum; 2. Constructivisms and institutional constructivism; 3. Theorising institutional change: a dynamic theory of process; 4. Ideas, norms and European citizenship; Part II. Applied Aspects of Institutional Constructivism: 5. Co-creating European Union citizenship: institutional process and crescive norms; 6. From law, policies and norms to European integration: supranationalism contested; Conclusion: time and understanding in socio-legal research.

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Book SynopsisPre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or ''custody'', and caring for the child''s education, discipline, and property, known as ''guardianship''. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother''s marital status, and the custodian''s lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.Trade Review'This is a fascinating account of the practice of custody and guardianship in Egypt,and one hopes many future studies on these subjects will follow.' Janan Delgado, Journal of Near Eastern StudiesTable of ContentsPart I. Child Custody and Guardianship in Comparative Perspective: 1. Child custody in civil and common law jurisdictions; 2. The best interests of the child in juristic discourse; Part II. Ottoman Egyptian Practice 1517–1801: 3. Private separation deeds in action; 4. Ottoman juristic discourse in action (1517–1801); 5. Child custody in Egypt 1801–1929; 6. Twentieth- and twenty-first-century child custody (1929–2014).

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Book SynopsisThis collection focuses on Indigenous perspectives on the sharing of traditional knowledge and the exploitation of genetic resources in Canada. This book is for public policy makers, Indigenous communities, environmental policymakers, lawyers, and researchers with a biodiversity, biotechnology, traditional knowledge, or climate change focus. This book is also available as Open Access.Table of ContentsPart I. The Evolution of the ABS Policy Landscape in Canada: 1. The ABS Canada initiative: scoping and gauging Indigenous responses to ABS Chidi Oguamanam; 2. Canada and the Nagoya Protocol: towards implementation, in support of reconciliation Timothy J. Hodges and Jock Langford; 3. Aboriginal partnership, capacity building, and capacity development on ABS: the Maritime Aboriginal Peoples Council (MAPC) and ABS Canada experience Chidi Oguamanam and Roger Hunka; Part II. Hurdles to ABS: Conceptual Questions, Practical Responses and Paths Forward: 4. Unsettling Canada's colonial constitution: a response to the question of domestic law and the creation of an access and benefit sharing regime Joshua Nichols; 5. Making room for the Nagoya Protocol in Nunavut Daniel W. Dylan; 6. Implications of the evolution of Canada's three orders of government for ABS implementation Fred Perron-Welch and Chidi Oguamanam; 7. Biopiracy flashpoints and increasing tensions over ABS in Canada Chidi Oguamanam and Christopher Koziol; 8. Applying Dene Law to genetic resources access and knowledge issues Larry Chartrand; 9. Access and benefit sharing in Canada: glimpses from the national experiences of Brazil, Namibia and Australia to inform indigenous-sensitive policy Freedom-Kai Phillips; Part III. New Technological Dynamics and Research Ethics: Implications for ABS Governance: 10. Access and benefit sharing in the age of digital biology Peter W. B. Phillips, Stuart J. Smyth and Jeremy de Beer; 11. ABS: big data, data sovereignty, and digitization – a new indigenous research landscape Chidi Oguamanam; 12. Ethical guidance for access and benefit sharing: implications for reconciliation Kelly Bannister; 13. Mapping the patterns of underestimated researcher-indigenous peoples collaborations – toward independent implementation of ABS principles Thomas Burelli; 14. ABS, reconciliation, and opportunity Chidi Oguamanam.

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Book SynopsisSince its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC''s principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a ''catalyst for compliance'' and its unexpected effects on the legal frameworks and institutions of three different ICC ''situation countries'' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity''s law and practice to contemporary debates in international law and relations, the book unsettles international law''s dominant progressive narrative. It urges a critical rethinking of the ICC''s politics and a reorientation towards international criminal justice as a project of global legal pluralism.Trade Review'De Vos' careful, rich, and well-informed study of the complementarity regime of the International Criminal Court shines by claiming neither too little nor too much. Illuminating how international justice interacts with national processes in three places, and how the first can catalyze the second, he concludes with a persuasive call to hopeful modesty about expectations.' Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History, Yale University'Christian De Vos detoxes the ICC from its demons. He does so gently, respectfully, wisely, and firmly. He delivers the most sophisticated, insightful, and compelling assessment currently available about the ICC and its strained, awkward relationships with others. And, De Vos builds, too, beautifully, by charting a path forward. His book stands tall. It has soul. It flows with roll, pitch, and yaw: De Vos delivers a gleaming must-read.' Mark A. Drumbl, Class of 1975 Professor of Law, Director, Transnational Law Institute, Washington and Lee University'With an exquisite analysis of the ICC's catalytic impact in Uganda, the Democratic Republic of the Congo and Kenya, Complementarity, Catalysts, Compliance offers a brilliant analysis of the changes in complementarity as we know it. Christian De Vos' rethinking of its role in practice contributes a deeply insightful understanding of the transformation of international justice in the contemporary period. With breadth, depth and analytic innovation, this is a tour de force - a must read in international justice scholarship!' Kamari Clarke, Professor of Anthropology at the University of California, Los Angeles'De Vos has written an exceptional book. Complementary, Catalysts, Compliance evinces a masterful use of interdisciplinary techniques to illuminate how the International Criminal Court - and the idea of the Court - have been constructed, thwarted, re-imagined and transformed, as well as the dynamic actors and political contexts that have shaped these processes. With unflinching honesty, the book tests the scholar's insights against richly researched and analyzed case studies; these, in turn, provide a rich seedbed for prescription. More than a brilliant intellectual account - though it is surely that - Complementary, Catalysts, Compliance offers valuable guidance for policy-makers and those who work on the front-lines of post-conflict justice.' Diane Orentlicher, Professor of International Law, American University'This erudite and insightful book explores a fundamental question: Can international criminal justice be truly global? Deftly exploring the International Criminal Court in light of its potential and parameters, its cases and constraints, De Vos illuminates the tensions a faraway court poses for the workings of rule of law on the ground. A must read for scholars and policy analysts alike.' Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School'Christian De Vos has done the seemingly impossible: write a book two decades into the ICC's existence that says something new about the Court's foundational principle, complementarity. In this meticulously researched and beautifully written book, De Vos demonstrates that the principle of complementarity has generally catalyzed domestic accountability mechanisms not by policing how states prosecute international crimes, but by encouraging non-state actors to promote - sometimes for good, sometimes for ill - a global norm of accountability. All future work on complementarity will have to grapple with this counterintuitive insight.' Kevin Jon Heller, Associate Professor of International Law, University of Amsterdam'Justice is best done, where possible, at home. That sentiment underlies the idea of complementarity, at the International Criminal Court and elsewhere. De Vos explores the relationship between national legal and political processes and the work of the ICC, grounding his sophisticated analysis and nuanced conclusions in field research as well as legal and political theory. It turns out that the idea of international justice as a catalyst for national justice is more challenging and complicated than first thought. This exploration of those complexities moves the discussion forward, while telling a set of compelling stories about the many paths to justice.' Naomi Roht-Arriaza, Albert Abramson Distinguished Professor of Law, University of California'Christian De Vos brings fresh insights to the raging debates around the International Criminal Court in Africa. His rigorous analysis of the ICC's operations in Uganda, the DRC and Kenya uncovers rich and surprising findings across these cases, showing how widely the Court's effects have varied depending on the domestic context. As the ICC enters its third decade of operation, his conclusion that the ICC's practice of complementarity has catalysed African civil society much more than national judiciaries - the Court's intended audience - demands urgent consideration.' Phil Clark, Professor of International Politics, SOAS University of London'… De Vos manages to capture the political dimensions of prosecution efforts for serious crimes as few have done before him. His study is a fascinating account of how complementarity has taken on multiple identities over the last decade. It plunges us into the meander of internal … and external factors … that have successively influenced these multiple identities. The study reveals how each of these identities, in turn, influenced the behavior of actors involved in national prosecution efforts. The most original contribution of his study lies in the revelation of the versatility of complementarity … If complementarity allows the ICC to project its proverbial shadow, this book urges us to consider the source of its light.' Pascal Kambale, Senior Advisor, Africa Regional Office, Open Society Foundations'Complementarity, Catalysts, Compliance is a welcome and significant contribution to the literature on the International Criminal Court and international justice more broadly … it would be wise for practitioners of international justice to read [this book], draw on its lessons and insights, and direct their efforts accordingly.' Stephanie Williams, New York University Journal of International Law and Politics'… this beautifully written book offers its readers a very rich analysis of the socio-political context of complementarity and implementation of the Rome Statute. It is highly recommended to any person interested in how international and local actors interact in the repression of mass atrocity crimes.' Bernard Ntahiraja, Nordic Journal of Human RightsTable of Contents1. Introduction; Part I. The ICC and Complementarity: Evolutions, Interpretations, Implementation: 2. Tracing an idea, constructing a norm: complementarity as a catalyst; 3. Mirror images? Complementarity in the courtroom; 4. Leveraging the Hague: complementarity and the Office of the Prosecutor; Part II. The ICC in Uganda, Kenya, and the Democratic Republic of Congo: 5. Compliance and performance: implementation as domestic politics; 6. Competing, complementing, copying: domestic courts and complementarity; 7. Catalysing opportunity: complementarity and domestic proceedings; 8. Conclusions and recommendations.

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Book SynopsisElizabeth Thornberry uses historical evidence to shed light on South Africa''s contemporary epidemic of sexual violence. Drawing on over a thousand cases from a diverse set of courts, Thornberry reconstructs the history of rape in South Africa''s Eastern Cape, from the precolonial era to the triumph of legal and sexual segregation, and digs deep into questions of conceptions of sexual consent. Through this process, Thornberry also demonstrates the political stakes of disputes over sexual consent, and the ways in which debates over the regulation of sexuality shaped both white and black politics in this period. From customary authority to missionary Christianity and humanitarian liberalism to segregationism, political claims implied theories of sexual consent, and enabled distinctive claims to control female sexuality. The political history of rape illuminates not only South Africa''s contemporary crisis of sexual violence, but the entangled histories of law, sexuality, and politics acrTrade Review'… an interesting read … Thornberry has combed selected court records finely and commented thoughtfully, drawing out conflicting viewpoints advanced within and between the overarching discourses that were deployed to understand sexual violence in the colonial era. It is an important addition to the scholarship on gender and sexuality in South Africa.' Anne Kelk Mager, Social HistoryTable of ContentsIntroduction: writing the history of rape; 1. Custom and consent in Xhosaland; 2. Sex and spiritual power; 3. Liberalism and the colonial law of sexual violence; 4. Rape and racial boundaries; 5. Navigating the politics of consent; Conclusion: rape and the postcolony.

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Book SynopsisThis engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for success. The law is made relevant to current practice through chapters that define and explain key legal principles, and examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. This updated edition offers added features, in particular comprehensive lists of further reading and also a glossary of key terms. Every chapter has been updated and new case law has been added. Exploring clearly and concisely the subject''s key principles, this should be every equity student''s first port of call.Table of Contents1. Historical introduction; 2. Equitable remedies; 3. The classification of trusts and powers; 4. The three certainties; 5. Constitution of trusts; 6. Formalities for the creation of a trust; 7. Private purpose trusts; 8. Unincorporated associations; 9. Resulting trusts; 10. Constructive trusts; 11. Trusts of the family home; 12. Secret trusts and mutual wills; 13. Charities – the charities act and the rules of Cy-près; 14. Trustees: appointment, retirement and capacity; 15. Duties and powers of trustees; 16. Variation of trusts; 17. Fiduciary duties and breach of fiduciary duties; 18. Breach of trust and defences to breach of trust; 19. Remedies against strangers to a trust; 20. Tracing.

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Book SynopsisAs demonstrated in any conflict, war is violent and causes grave harms to innocent persons, even when fought in compliance with just war criteria. In this book, Rosemary Kellison presents a feminist critique of just war reasoning, with particular focus on the issue of responsibility for harm to noncombatants. Contemporary just war reasoning denies the violence of war by suggesting that many of the harms caused by war are necessary, though regrettable, injuries for which inflicting agents bear no responsibility. She challenges this narrow understanding of responsibility through a feminist ethical approach that emphasizes the relationality of humans and the resulting asymmetries in their relative power and vulnerability. According to this approach, the powerful individual and collective agents who inflict harm during war are responsible for recognizing and responding to the vulnerable persons they harm, and thereby reducing the likelihood of future violence.Kellison''s volume goes beyond abstract theoretical work to consider the real implications of an important ethical problem.Table of Contents1. Feminist ethics; 2. Necessity and the evasion of responsibility; 3. Relational personhood and the violence of war; 4. Intention matters; 5. From evading to expanding responsibility; 6. Taking responsibility for harmdoing in war.

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Book SynopsisJurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book''s central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law''s unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.Trade Review'Legal philosophers have too often ignored international law as irrelevant, or because it is an embarrassment to their theories. In his innovate new book, The Nature of International Law, Miodrag Jovanović properly brings international law back to the center of jurisprudential inquiry. As important, Jovanović offers an important challenge to, and alternative to, conceptual analysis, in his prototype theory.' Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of MinnesotaTable of ContentsAcknowledgments; Introduction; Part I. International Law as a Subject Matter of Legal Philosophy – A Brief Historical Overview: 1. Early theorizing about law beyond the state – Ancient Greece and Rome; 2. Natural law theory and the birth of international legal scholarship – Grotius, Pufendorf and Hobbes; 3. The German public law turn; 4. Classical analytical jurisprudence: the rise of skepticism towards international law; 5. Twentieth century legal positivism on international law; 6. Revived jurisprudential interest in international law; Part II. In Search of the Nature of (International) Law – Methodological Postulates: 7. Grasping 'analytical' in the analytical approach; 8. Challenges to the conceptual analysis; 9. Beyond the conceptual analysis? The prototype theory of concepts and the nature of law; Part III. Typical Features of (International) Law: 10. The central case of law (as a genre); 11. Typical features of (international) law – preliminary finding; Part IV. International Law as a Normative Order: 12. Epistemological perspective – how are we to ascertain a norm; 13. Epistemological perspective at the international level – on formal sources of international law; 14. Perspective of practical rationality – how norms provide reasons for action; 15. Perspective of practical rationality at the international level; Part V. International Law as an Institutionalized and (Coercively) Guaranteed Order: 16. Institutionalization of the international order; 17. Institutions of international law; 18. (Coercive) guarantees in international law; Part VI. Justice-Aptness of International Law: 19. Allocative conflicts and international law-making; 20. Rectificatory justice and international law-application; Part VII. Fragmentation – A Special Feature of International Law?: 21. Hart's lens of 'systematicity'; 22. The ILC's lens of 'fragmentation'; 23. The 'as if' lens of international law's unity; In lieu of a conclusion – a note on (un)certainty.

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Book SynopsisThis book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a ''normative'' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the ''remnants'' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this ''new'' role of the home state in foreign investment disputes a ''return'' to diplomatic protection of its nationals, or are we witnessing something different?Trade Review'Whilst the role the state in the current debate on ISDS focuses on the role of host states, Rodrigo Polanco brilliantly reverses the prospect. Rigorously researched, the thorough legal analysis addresses the policy factors involved with a highly balanced sensibility. An essential read for all those who wish to acquire an intelligent and comprehensive view on the legitimacy and the prospects for reform of ISDS at the time of sovereignism.' Attila M. Tanzi, Università di Bologna and Associate Member of 3VB Chambers'This book highlights the nearly-forgotten 'other' player in the investor-state dispute settlement context: the home state. Backing his claims with both historical and empirical data, the author's analysis of the influence of the host state on the results of investor-state arbitrations through the centuries is elegantly convincing. Creative as well as informative, even readers well-acquainted with the subject of investment arbitration will enjoy reconsidering conventional wisdom in light of this volume's findings.' Krista Nadakavukaren Schefer, Swiss Institute of Comparative Law'Through a comprehensive historical analysis, this book introduces an innovative approach to the settlement of disputes from the perspective and main concerns of foreign investors' home States. The author deals with key legal features of the institution of diplomatic protection and describes home States' attitudes to regaining control of investment treaties and treaty interpretation. The book represents a valuable contribution to monitoring actual as well as future tensions among the main players in investor-state disputes.' Raúl Vinuesa, Universidad de Buenos Aires'In this important and engaging book, Polanco explores the history of investor state disputes and asks whether there is a revival of remnants of diplomatic protection. He demonstrates that home states are reclaiming control of investor-state dispute settlement but that this is a return of the state in a different way. This book is an impressive contribution to understanding the changing nature of investor state dispute settlement.' Andrew Newcombe, University of Victoria and Investment Treaty Arbitration'… beyond recommending this book for being well documented and sustaining an interesting thesis and several proposals worthy of discussion, it must be praised for its optimism and its constructive approach.' Yves Derains, The Journal of World Investment & Trade (JWIT)'This well researched book successfully attempts to analyse a trend which significantly shapes today's international investment law in a comprehensive way and from various perspectives. It will be definitely of value to academics and practitioners of international economic law, as well as those interested in an evidence of current state practice with regard to protection of economic interests of their subjects abroad.' Ondřej Svoboda, Transnational Dispute ManagementTable of ContentsIntroduction; 1. The age of diplomatic protection of foreign investors; 2. The rise and backlash against investor-state arbitration; 3. Home states and the prevention of investment disputes; 4. Home state role in ISDS together with the host state; 5. Unilateral home state participation in ISDS; 6. Current and future role of diplomatic protection in investment disputes; 7. Home state limitations on diplomatic protection; Conclusion.

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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 179 is devoted to the 2016 Partial Award in the Arbitration between Republic of Croatia and the Republic of Slovenia, the 2017 Final Award in the Arbitration between the Republic of Croatia and the Republic of Slovenia and 2017 Opinion 2/15 of the Court of Justice of the European Union concerning the Free Trade Agreement between the European Union and Singapore.Table of Contents1. Arbitration between the Republic of Croatia and the Republic of Slovenia; 2. Opinion 2/15 (EU-Singapore Free Trade Agreement).

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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 180 is devoted to the UK Supreme Court judgment in Reyes v. Al-Malki and related decisions, the UK Supreme Court and Court of Appeal judgments in Benkharbouche v. Secretary of State, and related decisions and the Grand Chamber judgment of the European Court of Human Rights in Naït-Liman v. Switzerland.Table of Contents1. Cudak v. Lithuania; 2. Sabeh El Leil v. France; 3. Wallishauser v. Austria (No 1); 4. Oleynikov v. Russia; 5. Wallishauser v. Austria (No 2); 6. Radunović and Others v. Montenegro; 7. Naku v. Lithuania and Sweden; 8. Naït-Liman v. Switzerland; 9. Firebird Global Master Fund II Ltd v. Republic of Nauru and Another; 10. Mohamed X v. Fettouma Z; 11. Pfarr v. Anonymous; 12. A v. Republic of B; 13. Abusabib and another v. Taddese; 14. Harrington v. United States of America; 15. United States of America v. Nolan; 16. Ogelegbanwei and others v. President of Nigeria and others; 17. Reyes v. Al-Malki and another; 18. Benkharbouche v. Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and Others Intervening); Janah v. Libya (Secretary of State for Foreign and Commonwealth Affairs and Others Intervening); Benkharbouche v. Secretary of State for Foreign and Commonwealth Affairs; Secretary of State for Foreign and Commonwealth Affairs and Libya v. Janah; 19. Gonzalez Paredes v. Vila and Nielsen; 20. El Hadad v. United Arab Emirates and Embassy; 21. Sabbithi and Others v. Al Saleh and Another; 22. Montuya v. Chedid and Another; 23. Fun v. Pulgar and Albergrin; Consolidated tables of cases volumes 126-180.

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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 181 is devoted to the 2018 judgment of the Grand Chamber of the Court of Justice of the European Union in Slovak Republic v. Achmea BV, the 2018 judgment of the Grand Chamber of Court of Justice of the European Union in R (Western Sahara Campaign UK) v. Commissioners for Her Majesty''s Revenue and Customs and Another and the translated judgment of the Norwegian Borgarting Court of Appeal in Huseini v. Ministry of Justice and Public Security.Table of Contents1. Jadhav case (India v. Pakistan); 2. Achmea BV (formerly known as Eureko BV) v. Slovak Republic; 3. Slowakische Republik (Slovak Republic) v. Achmea BV; 4. R (Western Sahara Campaign UK) v. Commissioners for Her Majesty's Revenue and Customs and Another; 5. R (Western Sahara Campaign UK) v. Commissioners for Her Majesty's Revenue and Customs and Another; 6. AB and Others v. France; 7. Huseini v. Ministry of Justice and Public Security; 8. Mexico – Tax Measures on Soft Drinks and Other Beverages (Complainant: United States of America); 9. Complaint Regarding the Israeli Actions against the Maritime Flotilla for the Gaza Strip; 10. The 'Kouwenhoven' case.

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Book SynopsisThe number, intensity, and impact of diverse forms of ''natural'' and ''human-made'' disasters are increasing. In response, the international community has shifted its primary focus away from disaster response to prevention and improved preparedness. The current globally agreed upon roadmap is the ambitious Sendai Framework for Disaster Risk Reduction 20152030, central to which is the better understanding of disaster risk management and mitigation. Sendai also urges innovative implementation, especially multi-sectoral and multi-hazard coherence. Yet the law sector itself remains relatively under-developed, including a paucity of supporting ''DRR law'' scholarship and minimal cross-sectoral engagement. Commonly, this is attributable to limited understanding by other sectors about law''s dynamic potential as a tool of disaster risk mitigation, despite the availability of many risk-related norms across a broad spectrum of legal regimes. This unique, timely Handbook brings together global Table of Contents1. Introduction Katja L. H. Samuel, Marie Aronsson-Storrier and Kirsten Nakjavani Bookmiller; Part I. International Law Framework and DRR: 2. Seven dimensions of disaster: the Sendai Framework and the social construction of catastrophe Michael D. Cooper; 3. Exploring the foundations: the principles of prevention, mitigation, and preparedness in international law Marie Aronsson-Storrier; 4. The ILC's articles on the protection of persons in the event of disasters and disaster risk reduction – a legislative history Arnold N. Pronto; 5. Disaster risk reduction cooperation for the protection of persons in the event of disasters Hugo Cahueñas Muñoz; 6. Recognising limits of international law in disaster risk reduction as problem and solution Michael Eburn, Andrew Collins and Karen da Costa; Part II. Communication, Early Warning Systems and DRR: 7. The 'protection of knowing': the evolving concept of early warning and states' obligations to inform of disaster risk and warn of disaster Simon Whitbourn; 8. Speaking with one or multiple voices in multi-hazard early warning systems? A survey of international and national legal and policy frameworks Silvia Venier and Francesca Capone; 9. The development of the 'single official voice principle' in national legal frameworks and at the EU level Stefano Silingardi; 10. Access to disaster risk information, early warning and education: implementing the Sendai framework through human rights law Marlies Hesselman; Part III. Regional and National Approaches: 11. Soft obligations and hard realities: regional disaster risk reduction in Europe and Asia W. John Hopkins; 12. Embracing regionalism: lessons from the UN Regional Seas Programme for UNISDR and the Sendai Framework Dug Cubie; 13. Disaster risk reduction through risk pooling – the case of hazard risk pooling schemes Morten Broberg and Erica Hovani; 14. Disaster risk governance and coherence: the case of incentives for private business to foster disaster resilience and sustainability Eloísa Dutari and Cássius G. Chai; 15. Disaster risk reduction and the state: the failure of no-build zones after Typhoon Haiyan Daniel Fitzpatrick and Caroline Compton; Part IV. Air, Sea and DRR: 16. Risk reduction and response mechanisms in aviation Wanlu Zhang; 17. Disaster risk reduction in cruise shipping, capacity building for crew members and the polar code Stefan Kirchner; 18. Regional legal frameworks for search and rescue: the Arctic experience of regulating early warning systems Simon Marsden; Part V. Health, Cultural Property/Natural Heritage and DRR: 19. Disaster risk reduction, early warning systems, and global health: critiquing the current system-based approach Katja L. H. Samuel and Rosalind J. Cornforth; 20. Disaster risk reduction, the International Federation of Red Cross, and emergency health for women in Nepal 2015 Christy Shucksmith-Wesley; 21. Cultural heritage and disaster risk reduction Giulio Bartolini; Part VI. Catastrophic Events and DRR: 22. The right to evacuation of nuclear disaster victims and disaster risk reduction in the event of radiation emergencies: the Fukushima nuclear disaster Emika Tokunaga; 23. Improving disaster risk mitigation: towards a 'multi-hazard' approach to terrorism Katja L. H. Samuel, William C. Banks and Daphné Richemond-Barak.

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Book SynopsisThis book evaluates the core of the concept of legitimate expectations from first principles in moral philosophy. It adopts an unconventional approach by examining this topic from a deep, philosophical perspective and delves into the debates on the binding nature of promise in moral philosophy. It then develops a doctrinal structure for the standard of protection. The author places the key premise of the book on the possibility of deriving firm conclusions from the debate and on creating a set of precise and prescriptive ''guidelines of the application of legitimate expectations''. The features of this book are threefold: first, a significant body of literature on moral philosophy is assimilated; second, core philosophical principles are extracted and expressed as a normative framework to resolve concrete cases; third, the author analysed a vast number of investment treaty awards against the underlying framework.Trade Review'This book presents a fresh outlook on the theory of legitimate expectations as applied prominently in the jurisprudence of investment tribunals. Building on detailed knowledge of the relevant cases, Teerawat Wongkaew manages to offer fascinating insights into the underlying philosophical theories of legitimate expectations. He makes a compelling argument in favour of a reliance conception that introduces core elements of the traditional estoppel principle into the debate and provides a suitable framework of analysis.' August Reinisch, University of Vienna'By drawing on the moral philosophy of promise, this book takes a novel, unexplored route in developing a doctrinal structure and theory for the understanding and application of the concept of legitimate expectations. It is independent and unconventional thinking at its best and shows that legal philosophy and international investment law have more potential for fruitful interaction than many would have thought.' Stephan Schill, University of Amsterdam'Teerawat Wongkaew's work is a brilliant effort to provide a moral and carefully nuanced basis for the use of legitimate expectations that both grounds as well as limits the use of this concept as the basis of responsibility of states. The philosophical and moral rationalisation it provides will guide scholarship on the subject even when it provokes dissent. The capacity of this work to provoke thinking on a subject that deeply affects the legitimacy of investment arbitration will set it apart as the most meaningful work to have been written thus far on this subject.' M. Sornarajah, National University of Singapore'This is indeed a serious and thoughtful attempt at clarifying a concept too often invoked outside any elaborated definition; a book which, for sure, will be as interesting and useful for practitioners as for scholars interested in the current development of the international law of investments.' Pierre-Marie Dupuy, Graduate Institute of International and Development Studies, GenevaTable of ContentsPart I. Why Do We Need a Theory of Legitimate Expectations?: 1. Introduction; 2. The formalist conception of legitimate expectations and different paradigms of the investment treaty regime: a critique; Part II. What is the Theory of Legitimate Expectations?: 3. Theoretical foundations for the use of moral philosophy of promise and conceptualisation of legitimate expectations; 4. The voluntarist conception of legitimate expectations and enforcement of sovereign promise; 5. 'Letting investors down', protection of trust, and assurance conception of legitimate expectations; 6. Protecting against investors' detrimental reliance: reliance conception of legitimate expectations; 7. In search of the most suitable conception of legitimate expectations; Part III. What is the Application of the Theory of Legitimate Expectations?: 8. Normative consequences of the reliance theory of legitimate expectations; 9. Rethinking remedies for a breach of legitimate expectations: corrective justice and reliance damages.

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Book SynopsisInternational Standardization and the Agreement on Technical Barriers to Trade examines the international standardization system generally, with a specific focus on some of the bodies within this system, along with their rules and procedures. It also examines - and questions - the lack of definition regarding several features related to the system, notably an international standardizing body (ISB) and international standards in the Agreement on Technical Barriers to Trade (TBT). Andrea Barrios Villarreal, who has been involved in standardization activities for more than seven years, provides a unique and in-depth analysis that will be useful to scholars, students and practitioners. This illuminating work is a welcome addition to the international economic law literature and should be read by anyone with an interest in the interaction between trade law and international standardization.Trade Review'This book is in the right place at the right time for the trauma which is Brexit and the knock-on effects for trade.' Elizabeth Robson Taylor, Phillip Taylor, The BarristerTable of ContentsList of tables; List of abbreviations and acronyms; Introduction; 1. The international standardization system; 2. International standards as part of international law; 3. Standards from the economic perspective; 4. International standardization under the WTO; 5. Practical application of the concept of an international standardizing body; 6. Practical application of the concept of international standard: case studies; General conclusions; Bibliography; Index.

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Book SynopsisThis book empirically explores whether and under what conditions the judicial process is efficient. Three specific issues are addressed: first, disputants self-select into litigation. Do they tend to bring cases with merit? Second, filed cases differ in their social import. Do courts select more important cases to devote more resource to? Third, courts establish precedents, affect resource allocation in the cases at hand, and influence future behaviours of transacting parties. Do courts, like Judge Posner asserts, tend to make decisions that enhance allocative efficiency and reduce transaction costs? Positive answers to the above questions attest to the efficiency of the judicial process. What drive efficient or inefficient outcomes are the selections and decisions by litigants, litigators, and judges. Their earlier selections and decisions affect later ones. Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Europe, and Asia.Table of ContentsIntroduction Yun-chien Chang; 1. Do patent law suits target invalid patents? Michael Frakes and Melissa Wassermann; 2. Platform procedure: using technology to facilitate (efficient) civil settlement J. J. Prescott and Alexander Sanchez; 3. Speedy adjudication in hard cases and low settlement rates in easy cases: an empirical analysis of Taiwan courts with comparison to US federal courts Yun-chien Chang and William Hubbard; 4. How lower courts respond to a change in a legal rule Anthony Niblett; 5. Career judge system and court decision biases: preliminary evidence from Japan Hatsuru Morita and Manabu Matsunaka; 6. Judges avoid ex post but not ex ante inefficiency: theory and empirical evidence from Taiwan Yun-chien Chang; 7. When winning is not enough: prevailing-party civil appeals in state courts Michael Heise; 8. The evolution of case influence in modern consumer standard form contracts Florencia Marotta-Wurgler; 9. Judging insurance antidiscrimination law Ronen Avraham, Alma Cohen and Ity Shurtz, 10. Are judges harsher with repeat offenders? Evidence from the European Court of Human Rights Eric Langlais, Alessandro Melcarne and Giovanni Ramello; 11. Does efficiency trump legality? The case of the German Constitutional Court Christoph Engel.

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Book SynopsisThis book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation''s political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation''s democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.Table of ContentsIntroduction; 1. The making of the constitution and the courts, 1945–1962; 2. Jurisprudential evolution, 1962–1972; 3. The Yusin era, 1972–1980 (1): the laws; 4. The Yusin era, 1972–1980 (2): the courts; 5. The Yusin era, 1972–1980 (3): the judges; 6. Political transitions and rule of law, 1980–1987; 7. Democracy and travails of judges, 1987 to the present; Conclusion.

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Book SynopsisThe focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea''s study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.Table of ContentsIntroduction; 1. The concept of obligation; 2. Contemporary approaches to legal obligations: a preliminary map; 3. The social-practice account; 4. The interpretivist account; 5. The conventionalist reason account; 6. The exclusionary reason account; 7. A revisionary Kantian conception; 8. Further dimensions of the revisionary Kantian conception; 9. The robust reason account; 10. The method of presuppositional interpretation; Conclusion.

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Book SynopsisThis edited volume provides, for the first time, a comprehensive account of theoretical approaches to international punishment. Its main objective is to contribute to the development of a consistent and robust theory of international criminal punishment. For this purpose, the authors - renowned scholars in the fields of criminal law, international criminal law, and philosophy of law, as well as practitioners working at different international criminal courts and tribunals - address the question of meaning and purpose of punishment in international law from various perspectives. The volume fleshes out the predominant dimensions of a theory of international punishment and highlights the differences between ''ordinary'' (domestic) crime and international crimes and their respective enforcement. At the same time, throughout the volume a major focus is on the practical consequences of the different theoretical approaches, in particular for the activities of the International Criminal Court.Trade Review'Written by experts on international criminal law, this volume will intrigue lawyers, criminologists, sociologists, and anyone wondering how punishment is achieved when dealing with some of the worst crimes possible.' W. R. Pruitt, ChoiceTable of Contents1. Introduction: the need for a robust and consistent theory of international punishment Florian Jeßberger and Julia Geneuss; 2. The practical importance of theories of punishment in international criminal law Silvia Fernández De Gurmendi; Part I. Setting the Framework – Criminological, Historical and Domestic Perspectives: 3. Criminology of international crimes Frank Neubacher; 4. Punishment rationales in international criminal jurisprudence – two readings of a non-question Sergey Vasiliev; 5. Punishment and the domestic analogy – why it can and cannot work Elies Van Sliedregt; 6. Not much, but better than nothing – purposes of punishment in international criminal law: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Kai Ambos; 7. The why question in international criminal punishment – framing the landscapes of asking: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Immi Tallgren; 8. Is international criminal law special?: A comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Jochen Bung; Part II. Rationales for Punishment in International Criminal Law – Theoretical Perspectives: 9. 'Can I be brought before the ICC?' – Deterrence of mass atrocities between jus in bello and jus ad bellum Jakob V. H. Holtermann; 10. An Argument for retributivism in international criminal law Mordechai Kremnitzer; 11. Expressive theory of international punishment for international crimes Daniela Demko; 12. We're exhausting ourselves, let's get busy instead a comment on the contributions by Jakob v. H. Holtermann, Mota Kremnitzer and Daniela Demko Mark Drumbl; 13. Positive general prevention and the idea of civic courage in international criminal law Klaus Günther; 14. The individual and the international community – an outline for a combined meso preventive theory of international punishment Andreas Werkmeister; 15. The right to punishment for international crimes Jens David Ohlin; Part III. Consequences for the Practice of the International Criminal Court: 16. Prosecution strategy at the International Criminal Court in search of a theory Alex Whiting; 17. Selectivity in international criminal law – asymmetrical enforcement as problem for theories of punishment Harmen Van Der Wilt; 18. Theories of punishment in sentencing decisions of the International Criminal Court Gerhard Werle and Aziz Epik; 19. Theories of punishment at the Hague a comment on the contributions by Alex Whiting, Harmen van der Wilt and Gerhard Werle and Aziz Epik Silvia D'ascoli; 20. From punitive to restorative justice – victims participation, reparations and theories of punishment Philipp Ambach; 21. Concluding remarks: dimensions of 'why punish' Florian Jebberger and Julia Geneuss; Select bibliography; Index.

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Book SynopsisAnalyses the politically charged issue of how the European Convention on Human Rights applies to military operations including recent conflicts in Russia, Iraq and Ukraine. This book will appeal to students, lawyers, civil society and officials throughout Europe working on human rights, public international law and law of armed conflict.Trade Review'The book is well structured, and the author constructs a clear and convincing argument throughout. Without question, Wallace has provided an intriguing contribution to this controversial area of law with a book that is interesting and thought-provoking. For these reasons, the book would definitely be a worthwhile purchase.' Liam Halewood, Liverpool Law Review'… he has written a fine monograph that makes an insightful and illuminating contribution to an important and evolving area of law.' Ian Park, Law Quarterly ReviewTable of ContentsIntroduction; 1. Jurisdiction over domestic military operations; 2. Jurisdiction over extra-territorial military operations; 3. Article 2: substantive obligations; 4. Article 2: procedural obligations; 5. Norm conflict; 6. Article 7; 7. Derogation; Conclusion.

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Book SynopsisIt is a settled rule of international law that a State may not rely on the provisions of its ''internal law'' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State''s inclination to retain full sovereignty seems to act as an unbreakable ''counter-limit'' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.Table of Contents1. Introduction Fulvio Maria Palombino; 2. Brasil Paula Almeida; 3. Canada Stéphane Beaulac; 4. China Pierfrancesco Rossi; 5. France Raphaële Rivier; 6. Germany Niels Petersen; 7. Greece Mariela Apostolaki and Antonios Tzanakopoulos; 8. India Vinai Singh; 9. Indonesia Simon Butt; 10. Israel Yuval Shany; 11. Italy Daniele Amoroso; 12. Japan Hajime Yamamoto and Yota Negishi; 13. Mexico Francisca Pou Giménez and Alejandro Rodiles; 14. Netherlands André Nollkaemper and Rosanne van Alebeek; 15. Nigeria Babafemi Akinrinade; 16. Russia Maria Smirnova; 17. South Africa Hannah Woolaver; 18. Turkey Ikboljon Qoraboyev and Emre Turkut; 19. United Kingdom Eirik Bjorge and Ewan Smith; 20. United States David Sloss; 21. Conclusions Fulvio Maria Palombino.

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Book SynopsisThis book studies the rise of access and the effect of the sharing economy on property as a social and legal institution. It will benefit academics, students, policymakers and practitioners interested in the sharing economy, property, legal theory, and more broadly, internet and society, market economy, and law and society.Trade Review'Shelly Kreiczer-Levy’s Destabilized Property: Property Law in the Sharing Economy is a major work on a timely subject. This is a sophisticated book, combining nuanced, conceptual and normative analyses with pragmatic suggestions for law reform. This book is a must read for anyone interested in the sharing economy or in property theory.' Hanoch Dagan, Stewart and Judy Colton Professor of Legal Theory and Innovation, Tel-Aviv University'Of all writers about the rise of the sharing economy, Shelly Kreiczer-Levy is recognized internationally as the most keen observer and the leading theorist in the field. Just as the internet forced us to rethink information and access, the sharing economy forces us to rethink what property means and its role in human lives. The sharing economy shakes the very foundations of the idea of property as a small, exclusive, privatized space, and with this challenge comes both great promise and intense social conflict. This book is brilliant and must be read by anyone who wants to understand this movement. It is the classic in the field.' Laura S. Underkuffler, Cornell University, New York'The age-old institution of private property keeps changing, and the sharing economy poses unique challenges to ensure the right mix of fairness and flexibility. We could have no better guide than Shelly Kreiczer-Levy to the ways that property law must adjust to this new environment.' Joseph William Singer, Bussey Professor of Law, Harvard University, MassachusettsTable of ContentsAcknowledgments; 1. Introduction; 2. Stability and property use; 3. The decline of stability in the new millennium; 4. The rise of the access economy; 5. Access as an alternative to ownership; 6. Fragmentation of intimate property; 7. Evaluating flexibility in property use; 8. What's next? The future of the access economy; 9. Conclusion.

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Book SynopsisThe practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.Trade Review'Chee Ho Tham has here produced a remarkably well-written, erudite and thoroughly informative work, and in addition a very distinct accretion to the scholarship on assignment. I recommend it without hesitation to commercial and obligations lawyers alike.' Andrew Tettenborn, Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsPart I. Introduction: 1. Introduction; 2. A conceptual account of equitable and statutory assignments; Part II. The Model: 3. Invariability; 4. Different models of equitable assignment; 5. Misconceptions; 6. Combination; Part III. Joinder: 7. Joinder of assignor in equitable proceedings; 8. Joinder of assignor in proceedings at common law; 9. Equitable assignments of legal choses and non-joinder of the assignor; Part IV. Notice: 10. Giving notice of equitable assignments and its effect on competing assignees: the 'rule' in Dearle V. Hall; 11. Knowledge of assignment: substantive effects in equity between obligor and assignor; 12. Knowledge of assignment: procedural avoidance in equity and by statute of 'equities' or 'defences'; Part V. Statutes: 13. 'Statutory' assignments under Law of Property Act 1925, Section 136(1); 14. Statutory dealings in specific classes of intangible assets; Part VI. Consequences: 15. Why it matters.

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Book SynopsisExplores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant.Trade Review'The range and depth of the analysis make the book a must-read for comparative law scholars and students all over the world.' Patrícia Jerónimo, I-CONnect Blog (http://www.iconnectblog.com/)Table of ContentsIntroduction Vito Breda; 1. The legal transplants debate: getting beyond the impasse? Andrew Harding; 2. Transplant shock: the hazards of introducing statutes of general application Jennifer Corrin; 3. Bentham's theory of legal transplants and his influence in Japan Michihiro Kaino; 4. On the Hardingian renovation of legal transplants Benjamen Gussen; 5. The incomplete legal transplant – good faith and the common law Anthony Gray; 6. How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania Jessica Viven-Wilksch; 7. Proportionality in Australian public law Hoong Phun Lee and Colin Campbell; 8. Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court Drossos Stamboulakis; 9. The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association Jonathan Liljeblad; 10. Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions Erika Techera; 11. Global norms; Local resistance: addressing impunity in Japan and beyond Sophia O'Brien; 12. Legal transplants, temporary migration projects and special rights Tiziana Torresi; 13. Conclusion Vito Breda.

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Book SynopsisBig banks are capable of wreaking havoc on the global economy, and governments have often felt powerless to stop them. Regulators have responded by developing coordinated programs to handle banks, insurers, broker dealers, shadow banks and other businesses that can blow up in a crisis. This program began informally and undemocratically, and has developed into something much more organized, formalized and predictable, even though it has never been legally enforceable. David Zaring examines the realities of the current international financial system and concludes that in fact this is a well-ordered and functioning regulatory environment: the international financial system enjoys a substantial degree of compliance, and operates predictably and harmoniously. As a result, perhaps this could serve as a paradigm for future global governance. Zaring explores three aspects of international financial regulation that can inform global governance: harmonization through rules, cooperation on enforcTrade Review'The Globalized Governance of Finance is an expansive and, at times, colorful portrayal of the 'legalish' realm of global financial regulation. It provides a coherent and modern account of the world that lawyers and institutions experience. It is well worth a read.' Verity Winship, JotwellTable of Contents1. A transformative Forty Years; 2. The structure and rules of the globalized governance of finance; 3. Banking, global oversight's ne plus ultra; 4. Securities regulation: cooperation instead of harmonization; 5. Cooperation in insurance: a slow start, but a fast present; 6. The other networks of financial regulation; 7. International financial regulation and international law; 8. International financial regulation and China; 9. The next financial crisis and postscript.

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Book SynopsisPreferential Services Liberalization offers the first, comprehensive analysis of the conditions that the World Trade Organization sets for preferential trade agreements (PTAs) in the area of services. Johanna Jacobsson provides an in-depth analysis of the relevant GATS rules, puts forward a practical method to analyze services PTAs, and applies the method to services agreements concluded by the EU. The result is a detailed examination of the legal criteria for services PTAs and methods to study them, combined with a better understanding of the level of liberalization reached by the EU and its member states. This book does go beyond the EU in analyzing the implications that multi-level governance has for international services liberalization. It proposes a new approach to study services commitments of any federal state and argues that lower levels of government should receive more attention in international negotiations over services trade.Trade Review'… a welcome, much-needed addition to the academic literature relating to the regulation of trade in services … Jacobsson's book will become the standard reference and an enjoyable read for everyone interested in services preferentialism and the mechanics of Article V of the GATS.' Panagiotis Delimatsis, Journal of World Investment and TradeTable of ContentsPart I: 1. Preferential trade agreements in the WTO; 2. The GATS rules on economic integration agreements (EIAs); 3. Elimination of discrimination in EIAs; Part II: 4. Services regulation by federal states; 5. Application of GATS Article V to federal entities; 6. A review of federal entities' services commitments under the GATS and selected EIAs; Part III: 7. Empirical research on services preferentialism; 8. A new methodology for the study of EIAs; 9. Adaption to scheduling differences and economic realities; Part IV: 10. The results of the empirical study; 11. Legal analysis of the results; 12. Application of Article V GATS to the EU's EIAs; 13. Conclusion; Appendices; Index.

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Book SynopsisIn this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ash?ari-Mu?tazili debates on the nature and implications of divine speech, Farahat argues that the Ash?ari attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat''s volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.Trade Review'The book undoubtedly makes important contributions to contemporary scholarship on theology, the history of Islamic sects and doctrines, and uṣūl al-fiqh.' Necmettin Kızılkaya, Nazariyat'Written in a scholarly, yet clear, fashion, the book is suitable for scholars and students of Islamic studies generally, and Islamic theology, Islamic law, Islamic history, and Islamic ethics more specifically… this work offers an important contribution for religious moral and legal theories in general.' Sami Al-Daghistani, Journal of Law and Religion'… an important contribution for religious moral and legal theories …' Sami Al-Daghistani, Journal of Law and ReligionTable of ContentsIntroduction: classical Islamic thought and the promise of post-secularism; Part I. Epistemological and Metaphysical Foundations: 1. What do we know without revelation? The epistemology of divine speech; 2. God in relation to us: the metaphysics of divine speech; 3. The nature of divine speech in classical theology; Part II. The Construction of Norms in Islamic Jurisprudence: 4. The nature of divine commands in classical legal theory; 5. Divine commands in the imperative mood; 6. The persistence of natural law in Islamic jurisprudence.

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Book SynopsisThe threat of personal harm and destruction from terrorist attacks is nowhere near as great as in Arab nations. However, are counter-terrorism laws in the Arab world formulated and enforced to protect or oppress? Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World examines the relationship between Western influence and counter-terrorism law, focusing on the Arab world, which is, on the one hand, a hostile producer of terrorist organizations, and on the other, a leader in countering ''terrorism''. With case studies of Egypt and Tunisia, Alzubairi traces the colonial roots of the use of coercion and extra-legal measures to protect the ruling order, which are now justified in both the West and the Arab world in the name of counter-terrorism. Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World provides important lessons for counter-terrorism, not just in these countries but also elsewhere in the world.Trade Review'An excellent examination of the neglected but vital subject of counter-terrorism in the Arab world and an essential text in the field of comparative counter-terrorism. A must read for all those interested in understanding the effects of both counter-terrorism and colonialism in both Egypt and Tunisia.' Kent Roach, Prichard Wilson Chair in Law and Public Policy, University of Toronto, author of Comparative Counter-Terrorism'This is an extremely timely and cogent investigation into the origins, development and current deployment of counter-terrorism law and policy in Egypt and Tunisia. The application of colonial and neo-colonial lenses to Arab states' counter-terrorism legislation underlies a compelling account of the ways in which these current laws and practices fit into today's global power dynamics.' Lynn Welchman, School of Oriental and African Studies, University of London'Overall, Alzubairi's study is certainly a remarkable scholarly work that adds crucial value to our knowledge of the genesis and genealogy of antiterrorism and counterterrorism in the Global South and the Arabic Middle East … which represents a premium contribution to the body of literature in the fields of terrorism and Middle Eastern studies.' Ahmed M. Abozaid, Terrorism & Political ViolenceTable of ContentsIntroduction; 1. On imperialism, colonialism and neo-colonialism; 2. Terrorism and counter-terrorism at the international level: a challenge in the post-colonial world; 3. Terrorism and counter-terrorism in the Arab world; 4. The Colonial and neo-colonial experience in Egypt; 5. Counter-terrorism in Egypt; 6. The colonial and neo-colonial experience in Tunisia; 7. Counter-terrorism in Tunisia; Conclusions.

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Book SynopsisInternational Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.Trade Review'The nine lives of Malcolm Shaw's classic study, 'International Law', demonstrate in this Ninth Edition that it remains the indispensable single volume work in its ever expanding field.' Stephen M. Schwebel, Former Judge of the International Court of Justice'At a time of rapid change, a new edition of Malcolm Shaw's invaluable book deserves the widest welcome.' Christopher Greenwood, Master of Magdalene College, Cambridge, and former British Judge at the International Court of Justice'Remarkably, for such a lengthy and wide-ranging text, this remains one of the most readable books on the subject – the distillation of Professor Shaw's lifetime in the front rank of the teaching and practice of international law.' Vaughan Lowe Q. C., Barrister at Essex Court Chambers, Emeritus Fellow of All Souls College, University of Oxford'Since the appearance of its first edition, Shaw's International Law has been my preferred textbook in my international law class. To this day it remains comprehensive, clear, and well organized, offering both depth and breadth, both the forest and the trees. The ninth edition offers yet again an updated, accurate and well-balanced account of the recent developments in the law.' Eyal Benvenisti, Whewell Professor of International law and the Director of the Lauterpacht Centre for International Law, University of Cambridge'Shaw's International Law has always been characterised by its clarity of expression, incisive analysis, and breath of coverage. This new edition is no exception. It is one of those rare works of international law that is essential reading for the Judge, practitioner, academic and student alike.' Dan Sarooshi QC, Professor of Public International Law, University of Oxford, and Essex Court Chambers, LondonTable of ContentsPreface to the ninth edition; 1. The nature and development of international law; 2. International law today; 3. Sources; 4. International law and municipal law; 5. The subjects of international law; 6. The international protection of human rights; 7. Individual criminal responsibility in international law; 8. Recognition; 9. Territory; 10. The law of the sea; 11. Jurisdiction; 12. Immunities from jurisdiction; 13. State responsibility; 14. International environment law; 15. The law of treaties; 16. State succession; 17. The settlement of disputes by peaceful means; 18. The international court of justice; 19. International law and the use of force by states; 20. International humanitarian law; 21. The united nations; 22. International organisations.

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Book SynopsisSince the publication of its first edition, this textbook has been the prime choice of teachers and students alike, due to its clear and detailed explanation of the basic principles of the multilateral trading system and the law of the World Trade Organization (WTO). The fifth edition continues to explore the institutional and substantive law of the WTO. It has been updated to incorporate all new developments in the WTO''s ever-growing body of case law. Moreover, each chapter includes a ''Further Readings'' section to encourage and facilitate research and discussion on the topics addressed. As in previous editions, each chapter also features a summary to reinforce learning. Questions, assignments, and exercises on WTO law and policy are contained in an online supplement, updated regularly. This textbook is an essential tool for all WTO law students and will also serve as a practitioner''s introductory guide to the WTO.Table of Contents1. International trade and the law of the WTO; 2. The World Trade Organization; 3. WTO dispute settlement; 4. Most-favoured-nation treatment; 5. National treatment; 6. Tariff barriers; 7. Non-tariff barriers; 8. General and security exceptions; 9. Economic emergency exceptions; 10. Regional trade exceptions; 11. Dumping; 12. Subsidies; 13. Technical barriers to trade; 14. Sanitary and phytosanitary measures; 15. Intellectual property rights; Index.

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Book SynopsisClimate change is leading to changing patterns of precipitation and increasingly extreme global weather. There is an urgent need to synthesize our current knowledge on climate risks to water security, which in turn is fundamental for achieving sustainable water management. Climate Risk and Sustainable Water Management discusses hydrological extremes, climate variability, climate impact assessment, risk analysis, and hydrological modelling. It provides a comprehensive interdisciplinary exploration of climate risks to water security, helping to guide sustainable water management in a changing and uncertain future. The relevant theory is accessibly explained using examples throughout, helping readers to apply the knowledge learned to their own situations and challenges. This textbook is especially valuable to students of hydrology, resource management, climate change, and geography, as well as a reference textbook for researchers, civil and environmental engineers, and water management prTable of ContentsPart I. Water-Related Risks under Climate Change: 1. Pluvial, fluvial, and coastal flood risks and sustainable flood management in the Pearl River Delta under climate change Jianfeng Li, Xiaogang Shi, Yongqin David Chen and Yangchen Lai; 2. Flooding risk in the Lancang-Mekong River Basin under global change Xiaobo Yun, Jie Wang, Huan Wu, Binod Baniya, Hui Lu, Siao Sun, Ximeng Xu, Xingcai Liu and Qiuhong Tang; 3. Spatial drought patterns in East Africa Gebremedhin Gebremeskel Haile, Qiuhong Tang and Binod Baniya; 4. Assessment of global water erosion vulnerability under climate change Muqi Xiong and Guoyong Leng; 5. Water erosion and its controlling factors in the Anthropocene Ximeng Xu and Qiuhong Tang; 6. Climate change impacts on saltwater intrusion into coastal aquifers Han Xiao, Haiming Li, Yin Tang, Qiuhong Tang and Marwan Kheimi; Part II. Climate Risk to Human and Natural Systems: 7. Observed urban effects on temperature and precipitation in Southeast China Siao Sun, Guangdong Li and Qiuhong Tang; 8. Vegetation dynamics, land use and ecological risk in response to NDVI and climate change in Nepal Binod Baniya, Qiuhong Tang, Gyan Chhipi-Shrestha, Hom Bahadur Baniya and Gebremedhin Gebremeskel Haile; 9. Climate warming induced frozen soil changes and the corresponding environmental effect on the Tibetan Plateau: a review Yunyun Ban, Qiuhong Tang and Ximeng Xu; 10. A review of the effects of climate extremes on agriculture production Xiaomeng Yin and Guoyong Leng; 11. Agricultural water use estimation and impact assessment on the water system in China Mengfei Mu, Qiuhong Tang, Ximing Cai, Siao Sun and Huijuan Cui; 12. Impact of inter-basin water transfer on water scarcity in water-receiving area under global warming: a case study of the south-to-north water diversion project Yuanyuan Yin, Qiuhong Tang and Lei Wang; 13. Broadening and deepening the rainfall-induced landslide detection: practices and perspectives at a global scale Guoqiang Jia, Qiuhong Tang, Stefano Luigi Gariano, Massimo Melillo, Ximeng Xu, Guoyong Leng and Xu Li; 14. Estimating aquifer depth in arid and semi-arid watersheds using statistical modeling of spectral MODIS products Seyed Rashid Fallah Shamsi, Parisa Ansari, Masoud Masoudi and Hamid Reza Pourghasemi; Part III. Sustainable Water Management under Future Uncertainty: 15. Managing urban flood risk and building resilience in a changing climate Yueling Wang, Qiuhong Tang and Nigel Wright; 16. Soft computing methods and water management Mohammad Zounemat-Kermani and Meysam Alizamir; 17. Rainwater harvesting for sustainable water resource management under climate change Ram L. Ray, Rajendra P. Sishodia and Tolulope Olutimehin; 18. Variability of runoff coefficient and precipitation elasticity at watersheds across China Yin Tang, Qiuhong Tang and Zhonggen Wang; 19. Contribution of hydrological model calibration uncertainty to future hydrological projections over various temporal scales – a case study in the Boulder Creek watershed Qinghuan Zhang, Qiuhong Tang, Guoyong Leng and Seyed-Mohammad Hosseini-Moghari; 20. Future water scarcity over the Yellow River basin and the effects of adaptive measures Zhongwei Huang, Qiuhong Tang and Yuanyuan Yin; 21. Shrinking Lake Urmia: causes, future projection, and implications Seyed-Mohammad Hosseini-Moghari, Qiuhong Tang, Guoyong Leng and Ximeng Xu; Index.

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Book SynopsisSystematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves.Table of ContentsPart I. Personal Trust and Fiduciary Relationships: 1. Fiduciary grounds and reasons Paul Faulkner; 2. Trust and advice Andrew S. Gold; 3. Contracts, fiduciary relationships, and trust Matthew Harding; 4. Trust, autonomy, and the fiduciary relationship Carolyn McLeod and Emma Ryman; 5. The psychology of trust and fiduciary obligations Tess Wilkinson-Ryan; Part II. Personal Trust and Fiduciary Duties: 6. Stakeholder fiduciaries Evan J. Criddle; 7. Trustees and agents behaving badly: when and how is 'bad faith' relevant? James E. Penner; 8. Conflict, profit, bias, misuse of power: dimensions of governance Lionel D. Smith; Part III. Personal Trust and Fiduciary Government: 9. Trust and authority Evan Fox-Decent; 10. The fiduciary crown: the private duties of public actors in state-indigenous relationships Kirsty Gover and Nicole Roughan; 11. Political (dis)trust and fiduciary government Paul B. Miller; 12. Trust, distrust, and the rule of law Gerald J. Postema; Part IV. Trust and Fiduciary Law in Context: 13. For-profit managers as public fiduciaries: a neoclassical republican perspective Robert E. Atkinson, Jr.; 14. Fiduciary law and the preservation of trust in business relationships Brian J. Broughman, Elizabeth Pollman and D. Gordon Smith; 15. How much trust do trusts require? Thomas P. Gallanis.

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Book SynopsisHow did Africans become ''blacks'' in the Americas? Becoming Free, Becoming Black tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders'' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.Trade Review'At a moment when 'Send Them Back' has reemerged as a nativist rallying cry, Becoming Free, Becoming Black is a brilliantly lucid guide to the deep history of how race and ethnic origin came to be potent ciphers for civic belonging. … De la Fuente and Gross show that brutality lay not merely in the imposition of slavery, but in the creation of racial regimes ranking black bodies even once freed from bondage. If enslavement is construed as an external political constraint, the project of freedom becomes focused on unshackling bodies from those confines. But if white means free and black means slave, then political status is embodied, innate and inescapable. … To this day, the legacy of free-but-not-full-citizen delimits quietly powerful hierarchies in our varying capacities to travel, vote, mix socially, run a business, hold public office, and intermarry. This indispensable book shows how knowing the past might aid us to intelligently reform our future.' Patricia J. Williams, Columnist, The Nation Magazine'In this incisive and spell-binding study, Alejandro de la Fuente and Ariela Gross meticulously investigate the archives of the 'legal regimes of slavery and race' in the culturally disparate locations of Cuba, Louisiana, and Virginia, thus exposing the differences and similarities between Spanish, French, and English approaches to manumission and interracial relationships. In addition, the authors brilliantly focus on the bottom up efforts of the enslaved to gain freedom, thus exposing how these 'unpredictable twists and turns' established the meaning of blackness in law. Not only an important legal analysis, Becoming Free, Becoming Black tells many fascinating stories of heroic efforts to attain freedom through legal regimes.' Henry Louis Gates, Jr, Alphonse Fletcher University Professor, Harvard University'Becoming Free, Becoming Black is a brilliant study of the making of race in the New World. Deeply researched, insightful, and smoothly written, this book is a major contribution to the scholarly literature on slavery and the way it shaped, and was shaped by, attitudes about people of African descent.' Annette Gordon-Reed, Charles Warren Professor of American Legal History, Harvard University, and author of The Hemingses of Monticello: An American Family'In Cuba of 1860, many persons of color who purchased their freedom lived alongside slaves; while In Louisiana and Virginia free people of color had almost disappeared, and to be black was to be enslaved. The difference was in the law and custom regulating freedom - law made by many hands, including those of slaves themselves. This book, based on meticulous archival research and brilliantly reasoned and written, is comparative legal history at its finest.' Robert W. Gordon, Stanford University'To what can we attribute the distinct racial ideologies that emerged in different slaveholding societies in the Americas? In this rich and innovative comparative study, Ariela Gross and Alejandro de la Fuente emphasize the role of the emergence of communities of free persons of African descent, and their evolution over time. Although elites in all three societies sought to attach sharp social distinctions to color, the authors find that 'the association between blackness and enslavement, whiteness and freedom, remained less strict and precise in Cuba than in Virginia and Louisiana.' As slavery itself was abolished, these prior differences laid the groundwork for divergent experiences of access to the rights of citizenship. This is a provocative and important book.' Rebecca J. Scott, Charles Gibson Distinguished University Professor of History and Professor of Law, University of Michigan'Becoming Free, Becoming Black provides crucial insights into the ways that conceptions of race and power varied across the Americas in the era when slavery was at its most widespread. It is a valuable window on the ways that the system maintained itself, and on the resistance that, although often unsuccessful, showed the persistence of the will to resist under even the most horrendous conditions.' John Foster, Souciant Magazine'… this book contributes greatly to a comparative understanding of the African diaspora and the complexities of both colonial experiences and post-emancipation societies.' G. de Laforcade, Choice'Becoming Free, Becoming Black is a beautifully written manuscript based on both archival research and extensive bibliographic discussion.' Keila Grinberg, Hispanic American Historical Review'De la Fuente and Gross have provided a useful handbook for historians of all three regions who seek to understand the law's effect on regimes of racial exploitation – and the worlds that people of color constructed through and under it.' Robert Colby, Journal of Southern History'… set to become a classic study of law in the Americas in the age of enslavement and emancipation… This comparative history sets out to change our understanding of the law by successfully taking on a formidable task - to account for the role of the law in the trajectory of racial ideologies across the two Americas.' Adriana Chira, ReVista'… Becoming Free, Becoming Black is a major work of historiographical synthesis and a rigorous work of original historical investigation.' Sue Peabody, Journal of Interdisciplinary History'Becoming Free, Becoming Black certainly stands as required reading for scholars of history of law and the social history of slavery in the Americas. The solid research in primary sources, combined with an original argument, among other qualities, make the book a reference of excellence on the historiographical debate on racism and law - both past and present.' Bruno Lima, Rechtsgeschichte - Legal HistoryTable of ContentsIntroduction; 1. 'A Negro and by consequence an alien': local regulations and the making of race, 1500s–1700s; 2. The 'inconvenience” of black freedom: manumission, 1500s–1700s; 3. 'The natural right of all mankind': claiming freedom in the age of revolution, 1760s–1830; 4. 'Rules … for their expulsion': foreclosing freedom, 1830s–1860; 5. 'Not of the same blood': policing racial boundaries, 1830s–1860; Conclusion: 'Home-born citizens: the significance of free people of color.

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Book SynopsisLabour internationalism is often viewed as impossible or inevitable, depending upon political perspective. O''Brien argues for a more nuanced, diverse understanding of labour internationalism, identifying six different ''faces'', shaped by the national or global orientation of particular groups in the fields of production, regulation and ideas. Providing a general view of labour''s global activity and a case study of the Southern Initiative on Globalisation and Trade Union Rights (SIGTUR), the book illustrates how the productive and regulatory structures of the global economy are pushing labour internationalism in particular directions. It details how leftist unions in Argentina, Australia, Brazil, India, the Philippines, South Africa, and South Korea have tried to bridge their differences and launch collective actions. Drawing upon twenty years of participant observation, O''Brien reveals a specific Global South approach based upon anti-imperialism, anti-capitalism and empathetic internationalism.Trade Review'O'Brien examines the politics associated with SIGTUR with theoretical confidence and profound empirical research. His ability to trace SIGTUR from its very beginning to the present provides us with an authoritative case study that will enhance our collective understanding of labour internationalism, especially as it relates to the Global South. A necessary volume for anyone who wants to understand global labour politics.' Dimitris Stevis, Colorado State University'In this masterful study, Robert O'Brien presents a fascinating analysis of SIGTUR's attempt at transnational solidarity. Based on conceptual innovation around six different forms of labour internationalism and drawing on years of close empirical observation, this is a path-breaking study that will shape the debate on labour internationalism for years to come.' Andreas Bieler, University of Nottingham'Widespread claims have been made on the emergence of a new labour internationalism in response to the growing insecurity created by globalisation. This theoretically informed and scholarly book documents and analyses a little known but imaginative attempt to bring together over a thirty-year period a network of democratic trade unions in the Global South, the Southern Initiative on Globalisation and Trade Union Rights (SIGTUR). It is an inspiring account of women and men who continue to believe in the common fate of humanity and the obligation of the strong to support the weak. This readable book fills a long-standing gap in international political economy.' Edward Webster, University of the Witwatersrand, JohannesburgTable of Contents1. Six faces of labour internationalism; 2. The national prism; 3. The global prism; 4. The origins and faces of SIGTUR; 5. Building the SIGTUR identity and community; 6. SIGTUR's mobilising structures and repertoire; 7. Evolving labour internationalisms; Bibliography; Index.

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Book SynopsisThis book explains the functioning of shared competences in environmental protection by focusing on member states'' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.Table of ContentsIntroduction: minimum harmonisation in European environmental law; 1. Gold-plating: a misleading overarching concept; 2. Green-plating and environmental protection; 3. Green-plating and legal certainty; 4. Green-plating and economic development; Conclusions: proceduralising member states' choice regarding green-plating.

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Book SynopsisCountries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.Table of ContentsPart I. Adult Guardianship: 1. Adult guardianship and other financial planning mechanisms for people with cognitive impairment in Australia Terry Carney; 2. The role of guardianship in the special needs plan in Saskatchewan, Canada James H. Gillis; 3. Japanese adult guardianship laws: developments and reform initiatives Makoto Arai; 4. The use of trusts in Taiwan's adult guardianship system Tai Yu-Zu; Part II. Lasting/Enduring Power of Attorney: 5. Adult guardianship and powers of attorney in England and Wales Denzil Lush; 6. Supported decision-making and enduring powers: innovations in Ireland Áine Hynes; 7. Developments in enduring powers of attorney law in Australia Trevor Ryan; 8. Financial planning mechanisms available to persons with special needs in Singapore Tang Hang Wu; Part III. Special Needs Trust: 9. What will happen when I'm gone? Dana Katherine Birkes; 10. The Wispact Trusts: making a difference in a means-tested support system Roy Froemming; 11. SNTC's operational experience as Singapore's first non-profit trust company Esther Tan and Amelia Leo; 12. A new perspective in adult guardianship and trusts in Korea Cheolung Je; 13. Reforming enduring powers and launching a special needs trust in Hong Kong Lusina Ho and Rebecca Lee.

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Book SynopsisNo area of law is growing as fast and courting as much controversy as international investment law. Much of this controversy stems from its design, as obligations are placed on host states, but not investors. This book reveals how host states can hold investors accountable for their negligence and misconduct.Trade Review'This is a serious piece of scholarship which will be consulted, challenged and referred to in the future by academics and practitioners in the area.' Elena Blanco, Manchester Journal of International Economic Law'Dr Jarrett's book presents a deep intellectual conceptualisation of vexed issues in contributory fault and investor misconduct in investment arbitration. It sets the rules on sound foundation, clarifies the myriad of confusion, and shines a light through the difficulties that have plagued the relevant questions. Consequently, it should be of great use to a variety of actors dealing with this field.' Emmanuel Laryea, ICSID Review'Jarrett's efforts to bring clarity and consistency to this developing area of investment law should be applauded.' George von Mehren and Mark Stadnyk, Journal of World Investment and Trade'… the book offers a thought-provoking contribution to the literature on international investment law. It provides a rich, novel, and interesting study of how investor misconduct ought to factor into the analysis of State responsibility in investor-State arbitration claims. Jarrett offers rules that could conceivably form a basis for future debate and reforms, underpinned by a detailed and nuanced discussion that grapples with the structure, content and implications of such rules for investment claims.' Esmé Shirlow, European Journal of International Law'His book is not only a critique of existing doctrine and practice but also a bold proposal for reform, including concrete solutions in the form of ready-to-use rules for apportionment … It is hoped that future disputants, armed with Jarrett's proposals, will encourage tribunals to refine their approach to these matters.' Johannes Fahner, Arbitration International'… a creative inspiration for anyone thinking broadly and conceptually about contributory fault and investor misconduct in investment arbitration.' Markus P. Beham, European Yearbook of International Economic LawTable of Contents1. A schematic of international investment law; 2. A definition of defence; 3. A theory of causation for international investment law; 4. Mismanagement; 5. Investment reprisal and post-establishment illegality; 6. A restatement of contributory fault and investor misconduct in international investment law.

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Book SynopsisThe doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur''an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.Trade Review'… the book provides a comprehensive account of the Islamic legal approach to the law of the sea from a historical perspective that aptly reveals a different civilizational narrative existing beyond Eurocentric scholarship in international law. Hence, this book is likely to become classic reading on the subject of the law of the sea and international law.' Punsara Amarasinghe, Ilahiyat Studies'Over the past two decades, Hassan Khalilieh has almost single-handedly revolutionized our knowledge of the Islamic contributions to the law of the sea. In this work, he embarks on what is effectively a genealogical study that shows how the Dutch Grotius and later European jurists have largely replicated, without acknowledgement, the Islamic practices and doctrines pertaining to free navigation in response to the earlier Spanish and Portuguese violent domination of the Indian Ocean. Khalilieh's meticulous and impressive work is a must-read, not only for those who are interested in Maritime law and trade, but also for historians and analysts of the rise of modernity at large, where the allegedly new freedom of navigation, central to the modern project, was to be transformed in due course into yet another tool in the unprecedented forms of European colonialism.' Wael Hallaq, Avalon Foundation Professor in the Humanities, Columbia University'This is an extraordinarily wide-ranging account not of Islamic maritime law (on which Khalilieh has already established himself as a leading expert) but of the Islamic law of the sea, well before Grotius wrote his tract on the Free Sea; the book ranges as far east as Melaka and China and as far west as the Mediterranean - a tour de force.' David Abulafia, Emeritus Professor of Mediterranean History, University of Cambridge'This is a masterful exposition of Islamic Law of the Sea, which makes an important contribution to the discourse on the universal application of modern International Law of the Sea generally. Highly recommended.' Mashood A. Baderin, Professor of Laws, SOAS University of London'This slim but richly detailed analysis of the customary and formal Islamic law of the sea fills a major gap in the literature.' D. M. Varisco, Bibliotheca OrientalisTable of ContentsIntroduction; 1. Freedom of the seas; 2. Offshore sovereignty and the territorial sea; 3. Piracy and its legal implications; Conclusion.

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Book SynopsisInvestigating the attitudes about capital punishment in contemporary America, this book poses the question: can ending the death penalty be done democratically? How is it that a liberal democracy like the United States shares the distinction of being a leading proponent of the death penalty with some of the world''s most repressive regimes? Reporting on the first study of initiative and referendum processes used to decide the fate of the death penalty in the United States, this book explains how these processes have played an important, but generally neglected, role in the recent history of America''s death penalty. While numerous scholars have argued that the death penalty is incompatible with democracy and that it cannot be reconciled with democracy''s underlying commitment to respect the equal dignity of all, Professor Austin Sarat offers the first study of what happens when the public gets to decide on the fate of capital punishment.Trade Review'From Arizona in 1918 to California in 2016, death penalty abolitionists have chronically failed to convince American voters to abolish capital punishment. In their groundbreaking study of these losses at the ballot box, Austin Sarat, John Malague, and Sarah Wishloff offer important insights about the place of punishment in American politics and culture. Through a series of fascinating case studies, they argue that abolition of the death penalty won't occur until human dignity becomes integral to the meaning of American democracy. With lessons for activists and academics alike, The Death Penalty on the Ballot is a provocative and compelling study of the demand for the punishment of death in the only western democracy that still permits it.' Daniel LaChance, Emory University, Atlanta'Sarat and his collaborators bring deep expertise on the American death penalty to bear in this fascinating and comprehensive exploration of ballot questions regarding the abolition or retention of capital punishment over the past century. They uncover a treasure trove of materials that span quite different political moments - a rich historical record that sheds light on both the grisly practice of state executions and on the promise and perils of democracy itself.' Carol S. Steiker, Henry J. Friendly Professor of Law, Harvard UniversityTable of Contents1. Introduction: when the death penalty goes public; 2. Retention, abolition, and restoration in the early days of the death penalty referendum process; 3. The people versus their representatives: going to the polls to support capital punishment; 4. Targeting the courts; 5. A tool for abolition?; 6. Conclusion: democracy and the fate of capital punishment.

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Book SynopsisIn recent years, the number of conflicts related to the misuse of street art and graffiti has been on the rise around the world. Some cases involve claims of misappropriation related to corporate advertising campaigns, while others entail the destruction or ''surgical'' removal of street art from the walls on which they were created. In this work, Enrico Bonadio brings together a group of experts to provide the first comprehensive analysis of issues related to copyright in street art and graffiti. Chapter authors shed light not only on the legal tools available in thirteen key jurisdictions for street and graffiti artists to object to unauthorized exploitations and unwanted treatments of their works, but also offer policy and sociological insights designed to spur further debate on whether and to what extent the street art and graffiti subcultures can benefit from copyright and moral rights protection.Trade Review'This book paints a rich picture of the meeting of street art and copyright law. It explores social norms within the subversive artistic community and the friction with external players. The chapters offer an eye-opening tour of urban spaces, and uncover the social and legal layers behind the city's biting art.' Michael Birnhack, University of Tel Aviv'With the explosion of street art emerging on the walls of our cities and circulating through our social media feeds, this book is a timely and informative examination of the copyright law and policy issues that street art and graffiti generate, and the diverse interests that they impact.' Jani McCutcheon, University of Western Australia'From Banksy to Hosier Lane to legal disputes involving 5Pointz and H&M, this timely volume tackles challenging copyright and related questions concerning street art and graffiti. The collected essays feature authors with diverse geographical and disciplinary backgrounds. Whether you are a street art aficionado, student in fine art or commentator on copyright law, this book will provoke you to rethink the legal treatment of unconventional forms of cultural heritage.' Peter K. Yu, Director, Center for Law and Intellectual Property, Texas A & M University'Street art and the law have danced many a pas de deux over the past few decades. Now, with The Cambridge Handbook of Copyright in Street Art and Graffiti, Enrico Bonadio and his contributors reveal the next step in this dance: the interplay of street art and copyright law. As street art and graffiti increasingly cross over into the worlds of commerce and popular culture, complex issues of ownership, authenticity, and copyright arise - and with them, the scholarly importance of this book. Sweeping across courts, countries, and continents, this book choreographs a critical, comparative understanding of street art's contemporary legal milieu.' Jeff Ferrell, author of Crimes of Style: Urban Graffiti and the Politics of Criminality'What an amazing and highly original collection of works by Enrico Bonadio and his impressive cast of collaborators ranging from graffiti artists and lawyers to academics. This book should be read by everybody with an interest in the theory and practice of art, copyright, creativity, and comparative law.' Uma Suthersanen, Chair in International Intellectual Property Law, Queen Mary University of London'Enrico Bonadio brings together a host of academic opinions on graffiti and street art, specifically the copyright and moral rights issues which have reared their heads since the early 2000s, creating a handbook which is enjoyable, comprehensive, and varied enough to maintain the reader's interest throughout.' Aislinn O'Connell, European Intellectual Property Review'The diverse group of legal experts … and art scholars … assembled present a broad spectrum of viewpoints on the intellectual property rights merited by street art and graffiti … The book is provocative and authoritative.' L. C. Duhon, ChoiceTable of ContentsPart I. Creativity in the Street Between Misappropriation and Destruction: The Role of Copyright and Moral Rights; Section 1. A Sociological Perspective: 1. A set of premises for the scrutiny and interpretation of graffiti and street art Heitor Alvelos; 2. Graffiti and street art: creative practices amid 'corporatization' and 'corporate appropriation' Ronald Kramer; 3. Decontextualisation of street art Peter Bengtsen; Section 2. Some Preliminary Legal and Policy Issues: 4. Copyright protection of illegal street and graffiti artworks Paula Westenberger; 5. Conservation of street art, moral right of integrity and a web of conflicting interests Enrico Bonadio; 6. Works and walls: graffiti writing and street art at the intersection of copyright and land law Marta Iljadica; Part II. National Legal Analysis: Section 1. Americas: 7. Street art, graffiti and copyright: a US perspective Enrico Bonadio; 8. Graffiti, street art, walls, and the public in Canadian copyright law Pascale Chapdeleine; 9. Copyright protection for graffiti and street art: a Colombian perspective Marcela Palacio Puerta; Section 2. Europe: 10. Street art, graffiti and copyright: a UK law perspective Enrico Bonadio; 11. Graffiti, street art and copyright in France Shane Burke; 12. Germany Marc Mimler; 13. Copyright in street art and graffiti: an Italian perspective Enrico Bonadio and Gilberto Cavagna Di Gualdana; 14. Copyright in street art and graffiti in The Netherlands Anke Moerland and Stéphanie De Potte; 15. Copyright protection of street art and graffiti in Greece: intellectual property and personal property in conflict? Stavroula Karapapa; Section 3. Africa, Asia and Australasia: 16. Graffiti and street art under South African copyright law Tobias Schonwetter and Bram Van Wiele; 17. Street art, graffiti, and Indian copyright law Nandita Saikia; 18. Copyright in street art and graffiti: an Australian perspective Mark Davidson; 19. Copyright, graffiti, and street art in Aotearoa New Zealand Jonathan Barrett; Epilogue. A contrasting opinion: 20. Copyright skepticism and street art: a contrasting opinion Andrea Baldini.

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Book SynopsisIn A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.Trade Review'I couldn't put this down. A Third Way is a refreshing, powerful, and inspirational work because Hoffmann and Mills acknowledge tribal agency. Indians and tribes are not passive observers to federal, state, and business interests carving up America. They are active policy makers, not mere stakeholders seeking a voice, not mere victims lamenting the past. Indians and tribes tend to see the universe in terms of balance, not the zero-sum competition that dominates American politics. We should all hope Indians and tribes succeed because this philosophy is all about our collective futures.' Matthew L.M. Fletcher, Director of the Indigenous Law & Policy Center, Michigan State University'Indian tribes have pulled themselves up from the oppressive policies of the past. There are many monuments to that – court decisions, tribally-driven federal statutes, and the truly substantial sovereign Native governments that govern the reservations today. A Third Way gives deep, unprecedented insight into modern Indian country by brightly recounting some of the innumerable stories of how individual tribes have made lasting advances in protecting specific, beloved places. This book captures the inspiring spirit of Indian country today as well or better than any other source.' Charles Wilkinson, Distinguished Professor Emeritus, University of Colorado, and author of Blood Struggle: The Rise of Modern Indian Nations'Through a careful exploration of legal history and contemporary case studies, Hoffmann and Mills demonstrate how the US legal system has authorized and often encouraged the destruction of indigenous cultures. The authors also chart a new pathway for the future: one in which Indigenous cultural values help to drive public policy by providing an actual 'measure of comfortable justice,' not just for Indigenous peoples, but for all Americans.' Rebecca Tsosie, Regents Professor of Law, University of ArizonaTable of ContentsPreface; 1. Legal history and foundations; 2. The jurisdictional framework of the second way, and the Cherokee diaspora; 3. Religious freedom, the value of sacred places, and the price of cultural ignorance; 4. Clashing values, the Blackfeet, and a measure of success in the 'Badger-Two'; 5. Federal cultural protection statutes: products of a dark history; 6. Tribal laws: the embodiment of the third way; 7. Both ends of the spectrum, and everything in between: state and local governments and indigenous cultures; 8. Indigenous cultures and intellectual property; 9. A 'third way' for the future.

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Book SynopsisEuropean legal integration is often justified with reference to the inherent unity of European legal traditions that extend to ancient Rome. This book explores the invention of this tradition, tracing it to a group of legal scholars divided by the onslaught of Nazi terror and totalitarianism in Europe. As exiles in Britain and the US, its formulators worked to build bridges between the Continental and the Atlantic legal traditions, incorporating ideas such as rule of law, liberty and equality to the European heritage. Others joined the Nazi revolution, which promoted its own idea of European unity. At the end of World War Two, natural law and human rights were incorporated into the European project. The resulting narrative of Europe, one that outlined human rights, rule of law and equality, became consequently a unifying factor during the Cold War as the self-definition against the challenge of communism.Trade Review'Kaius Tuori convincingly demonstrates how a narrative from Roman law to European identity was constructed in the twentieth century, and the ideological purposes the fiction was made to serve, including across the divide between National Socialist Europe and a self-styled continent of human rights. There is much to learn from Tuori's erudition and insight.' Samuel Moyn, Yale University'Tuori is to be commended for producing a rich and textured work filled with important insights. This book will undoubtedly reframe the debate about the ideologies supporting the narratives of European legal history to a significant extent.' Paul J. du Plessis, University of Edinburgh'A deeply learned investigation of a somber history, Kaius Tuori's Empire of Law tracks the fate of the study of Roman law through the Nazi years and into the post-War effort to rebuild Europe. Indispensable reading for understanding the Roman legal tradition in Western history.' James Whitman, Yale University'Tuori's Empire of Law is a thoughtful investigation of the complex relationship between legal scholars exiled from Nazi Germany and the emergence of the idea of a European legal tradition rooted in Roman law.' R. W. Lemmons, Choice'... Tuori's study is a very good example of how to make use of actor-centered methods to engage with legal intellectual history and the legal history of Europe.' Sara Weydner, H-Soz-KultTable of Contents1. Introduction; 2. Legal refugees from Nazi Germany and the idea of liberty; 3. Redefining the rule of law, jurisprudence and the totalitarian state; 4. The long legal tradition and the European heritage in Nazi Germany; 5. Reconfiguring European legal tradition after the war; 6. The European narrative and the tradition of rights; 7. Conclusions.

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