Law Books

Book SynopsisWhen and how do states intervene in elections in other countries? Foreign interveners may aim to further the process of clean elections, or they may support the campaign of a candidate they like. This book identifies the drivers of foreign interference, supported by evidence from over three hundred elections worldwide.Trade Review'Bubeck and Marinov have written a excellent book on the politics of external electoral intervention. The book reminds us that recent examples of outside interference in democratic elections are part of a long history in international relations. Theoretically innovative and empirically rich, the book places electoral intervention into the broader context of international relations and great power politics. An important book for anyone interested in domestic politics and international relations.' Jon Pevehouse, Vilas Distinguished Professor of Political Science, University of Wisconsin, Madison'Foreign election meddling is a timely topic, yet it remains poorly understood. Johannes Bubeck and Nikolay Marinov break new ground with Rules and Allies. They draw on a sophisticated mix of game theory, statistical analysis, and case studies to show how and why great powers intervene in other countries' elections throughout the world.' Sarah Bush, Yale University, ConnecticutTable of Contents1. Introduction; 2. Anarchy and polyarchy; 3. The who and the how; 4. Actors, policies, strategies; 5. How election interventions work; 6. Captain America; 7. When money runs low and regime overthrow; 8. Buying allies; 9. Conclusion.

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Book SynopsisThe year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world''s most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.Trade Review'The edited volume musters an impressive array of some of international law's most prominent scholars and offers valuable food for thought for addressing today's manifold delicate challenges … The UN Friendly Relations Declaration at 50 achieves [the] goal of moving away from specialism and taking a more generalist perspective formidably. Such a perspective shift is indeed much needed and the lucid analyses of the fundamental principles of the international legal order are certain to make very meaningful contributions to international legal scholarship.' Benedikt Behlert, Die Friedens-Warte'All the essays are erudite and supported by a wealth of original source material. This book will be a valuable resource for those interested in international law and international organization.' S. R. Silverburg, ChoiceTable of ContentsIntroduction: the fundamental principles of international law - an enduring ideal? Jorge E. Viñuales; 1. The system of the Friendly Relations Declaration Georges Abi-Saab; 2. The historical origins and setting of the Friendly Relations Declaration Samuel Moyn and Umut Özsu; Part I. The Principles of the Friendly Relations Declaration: 3. The prohibition of the use of force Olivier Corten; 4. Peaceful settlement of international disputes Shotaro Hamamoto; 5. The duty not to intervene in matters within domestic jurisdiction Dire Tladi; 6. Co-operation Laurence Boisson de Chazournes and Jason Rudall; 7. Self-determination Marcelo G. Kohen; 8. Sovereign equality Martti Koskenniemi and Ville Kari; 9. Good faith Guillaume Futhazar and Anne Peters; Part II. Fundamental Principles of International Law Beyond the Friendly Relations Declaration: 10. Human rights protection as a principle Eibe Riedel; 11. The fundamental principles of international humanitarian law Jia Bing Bing; 12. Prevention of environmental harm Leslie-Anne Duvic-Paoli and Jorge E. Viñuales; 13. Freedoms in common areas Tullio Treves; 14. Principles governing the global economy Jürgen Kurtz, Jorge E. Viñuales and Michael Waibel; 15. The Friendly Relations Declaration at 50 Pierre-Marie Dupuy; Appendix - Friendly Relations Declaration.

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Book SynopsisThe Organization for Security and Cooperation in Europe (OSCE), the world''s largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments forTable of ContentsPart I. Introduction: 1. Legal uncertainty and indeterminacy – immutable characteristics of the OSCE? Carolyn Moser and Anne Peters; Part II. The Quest for International Legal Personality: 2. Political dynamics and institutional reforms in the OSCE Christian Nünlist and Petri Hakkarainen; 3. The role of the organisation in asserting legal personality: the position of the OSCE secretariat on the OSCE legal status Lisa Tabassi; 4. Legal personality of the OSCE – past developments, status quo and future ambitions Helmut Tichy; 5. 'It's politics, stupid': an international relations perspective on strengthening the legal framework of the OSCE Tanja A. Börzel and Ingo Peters; 6. Domestic implications of the OSCE's legal personality under Russian constitutional law Gleb Bogush; Part III. Manifestations of the Legal Position under International Law: 7. Revisiting questions of organisationhood, legal personality and membership in the OSCE: the interplay between law, politics and practice Niels M. Blokker and Ramses A. Wessel; 8. The OSCE's domestic legal status: an exploration of relevant international law sources Cedric Ryngaert; 9. Privileges and immunities of the organization for security and co-operation in Europe (OSCE) Isabelle Pingel; 10. The external relations of the OSCE Laurence Boisson de Chazournes and Andrzej Gadkowski; 11. The international responsibility of the OSCE Lorenzo Gasbarri; Part IV. The Legal and Institutional Framework as a Governance Issue: 12. The OSCE as a case of informal international lawmaking? Olivia Herman and Jan Wouters: 13. Conceptualising accountability in the legal and institutional framework of the OSCE Carolyn Moser; 14. Legitimate governance as a privilege and price for the autonomy of international organisations Mateja Steinbrück Platise; Part V. Conclusions: 15. Transformation of the OSCE legal status Mateja Steinbrück Platise and Anne Peters.

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Book SynopsisHow is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the ''global'' and ''local'' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.Trade Review'At a time when support for the ICC has waned in regions where it was once strong, Emma Palmer explores the impact of international criminal justice in a region which has the world’s lowest rate of Rome Statute ratifications. Just as the conviction of Habre in Dakar, and the removal and prosecution of Bashir in Khartoum, gives us hope for justice outside The Hague, Palmer’s excellent in-depth research of four countries resistant to the formal global system shows that international norms are being adapted and having a protective impact at the local level.' Stephen Rapp, former US Ambassador for global criminal justice, and international prosecutor for Rwanda and Sierra Leone'Despite the fact that international criminal justice instruments are not popular in Southeast Asia, this book has argued convincingly that the region’s state engagement with international standards has been done and evolved beyond signatory and ratification. Ms Palmer's deep understanding of Southeast Asia context has guided us to understand the dynamics process of adapting international criminal justice at the domestic level, which often deals with the discourses related to sovereignty, development, human rights and the rule of law, and the promotion of peace and stability. This book is not only important and needed for the region's debates but also timely!. I would like to thank Ms Palmer for writing this topic and strongly recommend this book to those who are working and interested in the global-local relationship between the states of Southeast Asia and international criminal law.' Yuyun Wahyuningrum, Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR) (2019-2021)‘Emma Palmer makes a fresh and welcome contribution to our understanding of the dynamics of international criminal justice in the Asia-Pacific and the way that this has been adapted to local contexts. Her application of an adapted 'localisation theory' to four Southeast Asian examples - Cambodia, Indonesia, the Philippines and Myanmar - is sensitive and insightful, yet challenging and thought-provoking.' Suzannah Linton, Professor of International Law‘Emma Palmer has invested enormous time and effort in the region of Southeast Asian to engage with and to understand approaches to international criminal justice in our part of the world. Her investment manifests in an authentic and insightful analysis of four case studies: Cambodia, the Philippines, Indonesia and Myanmar. This rich and nuanced comparative study is a wonderful contribution to the literature - in stark contrast to overly-simplistic and much less granular analyses.’ Tim McCormack, Dean of the University of Tasmania Law School and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal‘Dr Palmer’s field work is as impressive as it is comprehensive, resulting in exceptionally interesting information and insightful analysis. I highly recommend Adapting International Criminal Justice in Southeast Asia ...’ Michael G. Karnavas, International Criminal LawTable of Contents1. Localising International Criminal Justice in Southeast Asia; 2. Engaging with International Criminal Law alongside an Internationalised Tribunal: Cambodia; 3. Implementing International Criminal Accountability in the Philippines; 4. Engaging with International Criminal Law as a Non-State Party: Indonesia; 5. International Criminal Justice in “Transition” – Myanmar; 6. Adapting International Criminal Justice in Southeast Asia; Appendix A. Table of Ratifications; Appendix B. Table of Interviews; Appendix C. Southeast Asia: Domestic Legislation, Bills and Regulations and Sources; List of references; Index.

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Book SynopsisThis book is the first to systematically examine Chinese refugee law and policy. It provides in-depth legal and policy analysis and makes recommendations to relevant stakeholders, drawing upon not only existing legal and policy scholarships but also empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced population. It is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.Trade Review‘It can be very difficult, at the best of times, to penetrate the often intricate network of interacting policies, practices and laws which will determine who gets asylum protection in any one country and who does not. China's system is a particular case in point. Lili Song, through her assiduous research and clear understanding of what it can mean to go down the asylum road in China, has made a significant contribution to demystifying the decision-making processes, clarifying constraints and understanding how they play out in the broader international and regional contexts. An insightful and very worthwhile piece of scholarship.’ Erika Feller, University of Melbourne'China’s asylum policy is a conundrum. It is a long-time party to the Refugee Convention that received some 300,000 Vietnamese refugees during the 1970s and still tolerates a robust protection regime in Hong Kong. Yet China has no formal asylum procedure, receives only a trickle of protection requests, and stands accused of refoulement of North Korean and other refugees. Lili Song’s historical and policy analysis is a welcome first look at how this legal regime evolved, and where it is headed.’ James C. Hathaway, University of Michigan‘Despite China's mounting influence on the international stage and its growing engagement with international humanitarian and human rights issues, the country's refugee law and policy have never been the subject of a comprehensive and systematic analysis. This volume fills that major gap in an admirable manner, providing an incisive account of the Chinese perspective on refugee issues, both globally and in the Asian context.’ Jeff Crisp, University of Oxford and Chatham House'As Dr Song explains in this book, China has a long and varied experience with refugees, including the Indochinese crisis in the 1970s and 1980s, and more recently from North Korea and Myanmar. A little-known fact is that China has been a party to the Refugee Convention since 1982. This book provides unique and informed insights into China’s response to refugee issues nationally, and as a regional and global actor. It includes contemporary accounts of the responses of the two Special Administrative Regions of Hong Kong and Macau.’ Susan Kneebone, University of MelbourneTable of Contents1. Introduction; Part I. Mainland China: 2. Refugees and other displaced foreigners in China; 3. The framework: law, policy and institutions; 4. The reality: treatment of refugees in China; Part II. Hong Kong Special Administrative Region and Macau Special Administrative Region: 5. Refugee law and policy in Hong Kong; 6. Refugee law and policy in Macau; 7. Conclusion and recommendations; Select bibliography; Index.

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Book SynopsisThis is a study of what constituted legality and the role of law inancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi''s Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world.Trade Review'Larry May's monumental achievement, astonishing in scope, depth, and insight, offers a rich historical mosaic of understandings of law, justice and equity and their interrelationships. It is essential reading for any legal or political philosopher and invaluable for any serious student of law and justice. May writes with a historian's keen eye for detail and context and a philosopher's eye for conceptual nuance, networks of concepts, and intersecting lines of argument.' Gerald J. Postema, Cary C. Boshamer Professor of Philosophy, University of North Carolina, Chapel Hill'In this magisterial book, Professor May manages to combine sweeping coverage with fascinating details about ancient legal thought on justice, equity, fairness, mercy, and principles of morality and right embodied within law. He makes a convincing case that legitimacy has long been fundamental to legal authority.' Brian Z. Tamanaha, John S. Lehmann University Professor, Washington University'… Ancient Legal Thought could be particularly useful for topic-specific teaching and research on themes such as the position of women, the legality of war, slavery, and the impact of inequality as reflected in law and legal writing.' G. S. Gessert, Choice'This remains a work of tremendous worth. Vast in scope and ambition, guided by an inquiring mind, this is a deeply enjoyable and thought-provoking book.' Anthony Smart, Comparative Legal HistoryTable of ContentsPart I. Mesopotamia and Egypt: Section 1. Ancient Procedural Law: 1. Ancient legal reasoning; 2. Judging, trials, and assemblies; 3. Oaths, ordeals, and truth; Section 2. Freedom, Equality, and Legal Status: 4. Debt forgiveness and equity; 5. Freedom and slavery; 6. Class, legal status, and equality; 7. Women's separate sphere; Section 3. Crime and Punishment: 8. Complicity and conspiracy; 9. Crime and Lex Talionis; 10. Capital punishment; Section 4. International Justice: 11. Ancient treaties and trust; 12. Aggressive war and necessity; Part II. Greece and China: Section 5. Law, Justice and Equity: 13. Custom and law in Ancient Greece and China; 14. Justice and equity; 15. Trial, juries, and democratic assemblies; Section 6. Legal Status: 16. Citizens and aliens; 17. Women; 18. Slavery and democracy; Section 7. Responsibility and Punishment: 19. Causation and responsibility; 20. Homicide and pollution; 21. Justification, excuse, and mitigation; 22. Hubris and impiety; Section 8. War and Amnesty: 23. Amnesty, sanctuary, and exile; 24. Justified war and the law of nations; Part III. India and the Roman Republic: Section 9. Law, Justice and Equity: 25. Law and its sources in Ancient Roman and Indian law; 26. Legal procedures and trials; 27. Equity and justice; Section 10. Legal Status and Social Class: 28. Legal status of women; 29. Social class and slavery; Section 11. Responsibility and Punishment: 30. Political and moral crimes; 31. Punishment, cruelty, and humaneness; 32. Crimes concerning legal and political abuse; Section 12. War and Treaties: 33. Treaties, hostages, and keeping faith; 34. The rules of war and the law of peoples; Part IV. Rabbinic Law and the Roman Empire: Section 13. Justice, Equity, and Conflict of Laws: 35. Law, morality, and religion; 36. Dual legal regimes; 37. The law and ancient legal scholars; Section 14. Differential Status: 38. Women in Jewish and Roman thought; 39. Slaves in Jewish and Roman legal thought; Section 15. Responsibility: 40. Intention and causation in criminal law; 41. Injury and murder; 42. Public punishment, penal prisons, and police; Section 16. Universal Law at the End of Ancient Times: 43. Universal law and human rights; 44. The origins of the just war doctrine; 45. Final thoughts on equity, justice, and humaneness.

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Book SynopsisChildren''s Rights and Business: Governing Obligations and Responsibility is a comprehensive legal inquiry into children''s rights and business. Relying on insights from various disciplines, the book illustrates the need for a children-focused inquiry on business and human rights. An analysis of the norm legalization process around the regulation of business and human rights, particularly of children''s rights follows the inquiry into existing hard and soft law regulatory frameworks on children''s rights and business. The book goes on to evaluate the promise of these frameworks in light of globalized business transactions through the lens of in-depth case illustrations on children''s rights in cotton and mineral supply chains and children''s rights in large-scale energy and transport investment projects. Finally, it concludes with a normative outlook on governing the children''s rights obligations of businesses and responsibility when violations occur, drawing on global governance apprTrade Review'Throughout the veritable industry that is now 'business and human rights' the plight of children is too often overlooked or understudied. In this impressively ambitious book Gamze Erdem Türkelli first illustrates precisely how the corporate exploitation of children is different and disproportionate, and then mounts a convincing argument for what domestic and international legal systems can do to educate, cajole, coerce, and punish irresponsible corporations.' David Kinley, Chair in Human Rights Law, University of Sydney'Business greatly impacts on children's Iives. Nevertheless, while business and human rights matters have been discussed for four decades, children's rights only entered this scene rather recently. In her lucid book, Gamze Erdem Turkelli appealingly unlocks the developments involved, both in theory and in practice. Cases from Uzbekistan, the DRC and Uganda finely illustrate child rights aspects that have come up in the cotton sector, mineral extraction, and infrastructure projects.' Karin Arts, International Institute of Social Studies, The Hague and Erasmus Universiteit RotterdamTable of ContentsPart I: 1. Children's rights obligations and business; Part II. Case Illustrations: A Brief Introduction: 2. Children's rights in supply chains; 3. Children's rights in investment projects; Part III: 4. A polycentric governance model of children's rights and business; 5. Polycentric governance of responsibility; 6. Children's rights, multiple duty-bearers and polycentric governance: summary conclusions.

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Book SynopsisDrawing upon Fernando Piérola-Castro''s extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.Table of Contents1. General provision; 2. Conditions; 3. Investigation; 4. Determination of serious injury or threat of serious injury; 5. Application of safeguard measures; 6. Provisional measures; 7. Duration and review of safeguard measures; 8. Level of concessions and other obligations; 9. Developing country members; 10. Pre-existing article XIX measures; 11. Prohibition and elimination of certain measures; 12. Notification and consultations; 13. Surveillance; 14. Dispute settlement.

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Book SynopsisWhat makes Israeli law Israeli? Why is the word ''Jewish'' almost entirely absent from Israeli legislation? How did Israel succeed in eluding a futile and dangerous debate over identity, and construct a progressive, independent, original and sophisticated legal system? Law and Identity in Israel attempts to answer these questions by looking at the complex bond between Zionism and the Jewish culture. Forging an original and ''authentic'' Israeli law that would be an expression and encapsulation of Israeli-Jewish identity has been the goal of many Jewish and Zionist jurists as well as public leaders for the past century. This book chronicles and analyzes these efforts, and in the process tackles the complex meaning of Judaism in modern times as a religion, a culture, and a nationality. Nir Kedar examines the challenges and difficulties of expressing Judaism, or transplanting it into, the laws of the state of Israel.Trade Review'Kedar's book stands as an important chapter in the study of the history of Israeli law. It provides a valuable overview both for readers who are familiar with this history and also those who are not.' Inbal Blau and Omer Aloni, Comparative Legal HistoryTable of ContentsIntroduction: law as an expression of Jewish culture; Part I. Seeking to Fashion National Law: 1. Law and culture in early Zionist literature; 2. The Hebrew peace courts: the Yishuv judicial system that failed; 3. The Hebrew law society: an abortive attempt to fashion a Jewish-Hebrew national code of law; 4. Why a Jewish-Hebrew system of law was not instituted at independence; 5. A Hebrew constitution for the Jewish state: how did the cultural dispute prevent the promulgation of a written constitution; 6. Jewish law and legislation in Israel; Part II. The Resurgence of Cultural Conflict: 7. Jewish heritage and a Jewish democratic state: the identity discourse returns to the legal debate; 8. The identity turn and the Jewish and democratic state; Part III. Zionism, Democracy, Law, and Culture: 9. Zionism: making and preserving Hebrew culture; 10. Israeli law as a lieu de mémoire of national identity and culture; Conclusion: list of legal cases.

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Book SynopsisWhat does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore ''accounts for'' military necessity? To what consequences does the law ''accounting for'' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson''s fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapTrade Review'Military necessity is a notoriously difficult subject. It represents one side of the underlying principles of the law of armed conflict. Dr Hayashi engages in a nuanced discussion of the nature of the concept, and how it needs to be tempered by the principle of humanity that is its counterpoint. It is a work of great scholarship and a masterful approach to a deeply contentious area.' Robert Cryer, University of Birmingham'Here, at last, our field gains a meticulous, comprehensive and novel examination of the law of war principle of military necessity. Dr Hayashi has delivered a supremely sophisticated and operationally informed study of the very heart of international regulation of the conduct of hostilities. This important text will be a commanding centrepiece of this subject and will inspire a generation of related scholarly commentary, juridical consideration and operational practice.' Sean Watts, United States Military Academy at West Point, Lieber Institute for the Law of Land Warfare'During armed conflicts, acts of violence without military justification, as well as those that cause excessive collateral damage in relation to the expected military advantage, are prohibited by international humanitarian law. Military necessity is therefore at the heart of this law. Nobuo Hayashi has studied this essential question with such a depth of analysis and documentary richness that his book will certainly become indispensable for all those who apply, promote, teach, study and develop international humanitarian law.' Yves Sandoz, University of Fribourg'Military necessity is an absolutely crucial, yet truly complex, concept with international humanitarian law and military ethics. How should we understand it? What trade-offs and dilemmas does it force us to face? And what do the law and actual cases tell us? Nobuo Hayashi gives us a detailed and authoritative overview that will be of great use not only to lawyers, but also to military practitioners and military ethicists.' Henrik Syse, Peace Research Institute Oslo (PRIO), Bjørknes University College, and Chief Co-Editor of the Journal of Military EthicsTable of ContentsPart I: 1. Introduction; Part II. Military Necessity in its Material Context: 2. Fitness of means and vocational competence; 3. Objections and responses; Part III. Military Necessity in Its Normative Context: 4. Military necessity and legitimacy modification; 5. Inevitable conflict thesis; 6. Joint satisfaction thesis I – alignment and indifference; 7. Joint satisfaction thesis II – accounting for the military necessity-humanity interplay in IHL norm-creation; Part IV. Military Necessity in its Juridical Context: 8. Joint satisfaction thesis III – exclusionary and non-exclusionary effects; 9. Significance and content of juridical military necessity; 10. Military necessity and elements of crimes; Part V: 11. Conclusion.

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Book SynopsisThe book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of ''new'' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on ''new'' rights often deal with structural matters only in passing and the issue of ''new'' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of ''new'' human rights, thus speaking to human rights proTable of ContentsIntroduction; Part I. Cross-Cutting Observations: 1. Recognition of new human rights: phases, techniques and the approach of 'differentiated traditionalism'; 2. Novelty in new human rights: the decrease in universality and abstractness thesis; 3. Rhetoric of rights: a topical perspective on the functions of claiming a 'human right to …'; Part II. Public Good Rights: 4. Access to water as a new right in international, regional and comparative constitutional law; 5. Comment: something old, something new, something borrowed and something blue: lessons to be learned from the oldest of the 'new' rights – the human right to water; 6. The human right to adequate housing and the new human right to land: congruent entitlements; 7. Comment: the human right to land: 'new right' or 'old wine in a new bottle'?; 8. The right to health under the ICESCR – existing scope, new challenges, and how to deal with it; 9. Comment: strong new branches to the trunk – realizing the right to health decentrally; 10. The human right to a clean environment and rights of nature: between advocacy and reality; 11. Comment: the right to environment: a new, internationally recognized, human right; Part III. Status Rights: 12. The Inter-American Convention on Protecting the Human Rights of Older Persons; 13. Comment: the status of the human rights of older persons; 14. Gender recognition as a human right; 15. Comment: pre-existing rights and future articulations: temporal rhetoric in the struggle for trans rights; 16. The rights of indigenous people – everything old is new again; 17. Comment: the evolution and revolution of indigenous rights; 18. Animal rights; 19. Comment: sentience, form and breath: law's life with animals; Part IV. New Technology Rights: 20. Right to internet access: Quid Iuris?; 21. Comment: the case for the right to meaningful access to internet as a human right in international law; 22. The right to be forgotten; 23. Comment: the RTBF 2.0; 24. The fruits of someone else's labor: gestational surrogacy and rights in the twenty-first century; 25. Comment: birthing new human rights – reflections around a hypothetical human right of access to gestational surrogacy; 26. The relevance of human rights for dealing with the challenges posed by genetics; 27. Comment: the challenge of genetics: human rights on the molecular level?; Part V. Autonomy and Integrity Rights: 28. The right to bodily integrity; 29. Comment: from bodily rights to personal rights; 30. The nascent right to psychological integrity and mental self-determination; 31. Comment: critical reflections on the need for a right to mental self-determination; 32. Rights related to enforced disappearance: new rights in the International Convention for the Protection of All Persons from Enforced Disappearance; 33. Comment: the emergence of the right not to be forcibly disappeared: some comments; 34. The emergent human right to consular notification, access and assistance; 35. Comment from a human right to invoke consular assistance in the host state to a human right to claim diplomatic protection from one's state of nationality?; Part VI. Governance Rights: 36. Remnants of a constitutional moment: the right to democracy in international law; 37. Comment: the human right to democracy in international law: coming to moral terms with an equivocal legal practice; 38. A right to administrative justice – 'new' or just repackaging the old?; 39. Comment: the African right to administrative justice versus the European Union's right to good administration: new human rights?; 40. Anti-corruption: recaptured and reframed; 41. Comment: towards a human rights approach to corruption; 42. Bentham Redux: examining a right of access to law; 43. Comment: a right of access to law – or rather a right of legality and legal aid?

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Book SynopsisThe First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today''s world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.Trade Review'By highlighting the First Amendment's too often neglected press, assembly, and petition clauses, Bhagwat shows how the democratic free speech tradition most closely associated with Louis Brandeis complements rather than contradicts the broadly libertarian understanding that finally emerged following the McCarthy era. Eschewing censorship, Bhagwat would turn to what Tocqueville identified as America's distinctive democratic strength - civil society institutions - to tackle our age's pathologies of information silos, Internet trolls, and fake news. Our Democratic First Amendment is at once clear-eyed and boldly free of cynicism.' Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University'Ash Bhagwat offers an original and powerful analysis of the core purposes of the First Amendment and of how those purposes should play out today. In particular, he notes that almost all of the Supreme Court's attention has focused on the freedom of speech, and that the Court has essentially written out of the First Amendment the freedom of the press, the right of assembly, the right of association, and the right to petition the government. It is only, he argues, by considering all of these rights in their relation to one another that the Court can come to a proper understanding of 'Our Democratic First Amendment'. Bhagwat then turns to the challenges of the present, including social media, the collapse of 'mainstream media', and the 'siloing' of American society. In the end, he offers suggestions for how, in the current state of affairs, we can still save our democracy.' Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago'Bhagwat's eminently readable prose drives home the importance of speech, press, assembly, and petition to our current and future democratic experiment. Readers will benefit from this book's careful consideration of these rights individually and collectively, and how our use of them protects and performs sovereignty, citizenship, and democracy.' John Inazu, Sally D. Danforth Distinguished Professor of Law & Religion, Washington University, St. Louis'The First Amendment lists four specific freedoms of expression: speech, press, assembly (association), and petition, but the courts have tended to merge them all into one. This engaging book discusses each of these freedoms on its own terms, and explains for a general audience why they all matter now, more than ever. Whether you are liberal or conservative, this book will help you understand your rights as an American.' Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford University'This title is well sourced, remarkably engaging, and for students and scholars alike.' D. E. Smith, Choice'… an exceptional review of the First Amendment's principles and their interdependent purposes. These passages provide great value for theorists, scholars, and practitioners - and especially for students of American politics, constitutional law and history, and the Bill of Rights.' Andy Carr, Law and Politics Book ReviewTable of ContentsIntroduction; Part I. The Framers' Democrocratic First Amendment: 1. Freedom of speech and of the press; 2. Assembly and association; 3. The petition clause; 4. Cognate rights and democratic citizenship; Part II. The Democratic First Amendment in the Age of Twitter: 5. Cacophony: speech and press in the Internet era; 6. DeSiloing: of civic associations, book clubs, and taverns; 7. Why assembly and petition still matter; Conclusion.

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Book SynopsisThis book provides an interdisciplinary overview of international human rights issues, offering truly international coverage including the Global South. Considering the philosophical foundations of human rights, Chen and Renteln explore the interpretive difficulties associated with identifying what constitute human rights abuses, and evaluate various perspectives on human rights. This book goes on to analyze institutions that strive to promote and enforce human rights standards, including the United Nations system, regional human rights bodies, and domestic courts. It also discusses a wide variety of substantive human rights including genocide, torture, capital punishment, and other cruel and unusual punishments. In particular, the book offers an accessible introduction to key understudied topics within human rights, such as socioeconomic rights, cultural rights, and environmental rights. It also focuses on the rights of marginalized groups, including children''s rights, rights of persTrade Review'What a tour de force … readable, accessible, and analytically rigorous … As the world commemorates the 75th anniversary of the Universal Declaration of Human Rights, this timely book provides a teachable review of some of the most pressing human rights topics from interdisciplinary perspectives. It is strategically designed to enable readers to act on their sense of justice to move toward fairer horizons.' Rebecca J. Cook, Professor of Law Emerita, University of Toronto, Canada'Its approach is likely to engage an audience that goes beyond the usual suspects – lawyerly and academic circles. Highly recommended.' Christian Courtis, United Nations Office of the High Commissioner for Human Rights'Chen and Renteln's tremendous International Human Rights: A Survey provides a thoroughly modern account of international human rights. Without shying away from controversies, it goes beyond a standard legal analysis, embracing perspectives from different disciplines and tackling the normative architecture, contextual dimensions, and cultural complexities, as well as the perennial enforcement challenges. A powerful and ambitious work that will stand as an invaluable resource for academics and practitioners.' Siobhan McInerney-Lankford, Senior Counsel, World Bank'International Human Rights: A Survey is a monumental achievement, integrating careful theoretical exposition of human rights with practical considerations. Chen and Renteln masterfully analyze the promises and challenges facing those concerned with the betterment of the human condition, and offer wise and practical counsel for navigating the fraught circumstances in which they approach their goals. This book is a signal achievement, and an essential resource for anyone interested in human rights.' Robert A. Rubinstein, Distinguished Professor of Anthropology, Professor of International Relations, Syracuse University, USA'A comprehensive critical coverage of the evolution of the human rights movement at national, regional and international levels. It also explores emerging issues we can no longer ignore today like protection of the environment, rights of persons with disabilities and of LGBTQ+ people. These are not only pertinent to the North, but more crucially to the Global South, enhancing the book's value and appealing to the wider audience.' Tomoya Obokata, UN Special Rapporteur on Contemporary Forms of Slavery, Professor of International Law and Human Rights, Keele University, The United Kingdom'A major highlight of this volume is its rights-based approach, which unpacks questions of cultural relativism, genocide studies, torture and inhuman punishments within the universal human rights discourse, and its critical examination of the fractures introduced by histories of imperialism and colonialism. Chen and Renteln judiciously and meticulously capture the heroic journey of the human rights movement right from 1948 through the contemporary evolution of new regional human rights systems.' Vibhuti Patel, Vice President, Indian Association for Women's Studies, India'Chen and Renteln offer an accessible, but in-depth and critical, appraisal informed by anthropology, political sciences, and international relations to tackle some of the most contentious contemporary challenges in international human rights law. At a time when authoritarian governments appear ever more emboldened to challenge the centrality of human rights discourse, this book is a crucial contribution to a necessary reflection on the future of human rights.' René Provost, Professor of Law, McGill University, Canada'International Human Rights: A Survey is a must-read for students who want to deepen their knowledge on human rights and ready themselves to face the challenges posed by their violation. The book provides a comprehensive and fully updated analysis of all the human rights internationally protected in an easy and rigorous legal language. With this work, Chen and Renteln provided an important landmark in the road toward a global justice.' Ilenia Ruggiu, Professor of Constitutional Law and Vice-President, University of Cagliari, Italy'Comprehensive and readable, International Human Rights: A Survey is the essential contemporary human rights reader. It leaves no current issue, group, or region behind – from identity to culture, racial disparities, and gendercide. The book's 16 chapters, each clearly organized around the legal concepts, instruments, and movements that make human rights matter, expose students to the history, promise, and potential of human rights.' Mark Fathi Massoud, Professor of Politics, UC Santa Cruz and Visiting Professor of Law, University of Oxford'The authors have done a brilliant job elucidating various aspects of human rights, demonstrating persuasively that an understanding of the underlying ideas and their application in different areas is critically important not just in distant countries under authoritarian governments, but to all. This is an important book for the general reader and an essential work for the academic.' David Miller, former Mayor of Toronto, Canada and the author of Solved: How the Great Cities of the World are Fixing the Climate Crisis'This is the most comprehensive and accessible treatment of human rights available. Chen and Renteln cover every aspect of human rights – from genocide to the right to be forgotten – in this multidisciplinary book. Examining rights from international, national and local levels adds rare depth. A valuable resource for students and experts alike.' Beth Simmons, Andrea Mitchell University Professor in Law, Political Science and Business Ethics, Penn Law'In this essential book Dr. Chen and Dr. Renteln provide a much needed overview of humanity's first normative line of defense against repression … in an age of brutality, but also of hope and opportunity.' Jan Egeland, Secretary General, Norwegian Refuge Council and former UN Under Secretary General for Humanitarian Affairs'The term 'tour de force' is overused, but in the case of Chen and Renteln's International Human Rights: A Survey, it is an entirely appropriate description of the work.' Human Rights Quarterly (https://muse.jhu.edu/article/892622)Table of Contents1. Introduction: overview of human rights; 2. Human rights machinery: enforcement mechanisms; 3. Genocide; 4. Torture; 5. The death penalty and cruel, degrading, and inhuman punishments; 6. Socio-economic rights; 7. Cultural rights; 8. Environmental protection and human rights; 9. Indigenous rights; 10. Disability and human rights; 11. Labor rights as human rights; 12. Children's rights; 13. Women's rights; 14. LGBTQ+ rights; 15. Media and human rights: freedom of expression and of the press, access to information, and the right to privacy; 16. Conclusion: the future of human rights.

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Book SynopsisThis collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize ''foreign'' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law.Table of Contents1. Introduction Jacco Bomhoff, David Dyzenhaus and Thomas Poole; Part I. Theoretical Foundations: 2. The Janus-faced constitution David Dyzenhaus; 3. The idea of the federative Thomas Poole; 4. Hobbes's Janus-faced sovereign Theodore Christov; 5. Jurisprudential reflections on cosmopolitan law Evan Fox-Decent; 6. From republican self-love to cosmopolitan amour-propre: Europe's new constitutional experience Alexander Somek; Part II. Border Crossings: Comity and Mobility: 7. The spectre of comity Karen Knop; 8. Constitutionalism and mobility: expulsion and escape among partial constitutions Jacco Bomhoff; 9. The inside out constitution Audrey Macklin; 10. The constitution in the shadow of the immigration state Asha Kaushal; Part III. The Foreign in Foreign Relations Law: 11. Double-facing administrative law: state prerogatives, cities and foreign affairs Geneviève Cartier; 12. The democratic challenge to foreign relations law in transatlantic perspective Helmut Philipp Aust; 13. The double-facing foreign relations function of the executive and its self-enforcing obligation to comply with international law Campbell McLachlan; 14. The various faces of fundamental rights Dieter Grimm; Index.

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Book SynopsisThe Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for ''an effective judiciary'', and these two values are not in conflict with each other as is commonly assumed.Table of ContentsAcknowledgements; Table of abbreviations; Table of cases; Table of statutes; 1. Introduction; Part I. The Indian Experience: 2. Pre-tenure questions: appointments to the higher judiciary; 3. In-tenure questions: mechanisms for judicial discipline; 4. Post-tenure questions: post-retirement appointments of judges by government; Part II. A Conceptual Analysis: 5. Judicial accountability; 6. Judicial independence; 7. In search of an effective judiciary: a doctrinal reconciliation of judicial independence and accountability; Part III. Typing the Strands: 8. Harmonising judicial independence and judicial accountability in India; 9. Conclusion: a reform proposal for the Indian higher judiciary; Epilogue: the moment the judiciary came out; Appendix: post-retirement employment of judges in government appointed positions; Bibliography; Index.

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Book SynopsisThis book analyzes current challenges and opportunities for the global trading system. It maps scenarios for sustainable global economic governance in ways that could transform the system as we know it.Trade Review'The WTO is not living its best moments, and what this book does better than any other volume is to highlight the reasons why this has been the case. By highlighting the concerns that have not been addressed, the voices that have not been heard, as well as the faux pas taken by those in charge, this volume offers an unparalleled collection of well-thought papers that should find their way to the desk of every policymaker steering the world trading system these days.' Petros C. Mavroidis, Edwin B. Parker Professor of Foreign & Comparative Law, Columbia University, New YorkTable of Contents1. Introduction: current challenges and future scenarios Manfred Elsig, Michael Hahn and Gabriele Spilker; Part I. New and Old Challenges: 2. The elephant in the negotiation room: PTAs through the eyes of citizens Quynh Nguyen and Gabriele Spilker; 3. Corporate strategy in times of anti-trade sentiment: current challenges and future scenarios Jappe Eckhardt and Louise Curran; 4. Understanding and shaping trade rules for the digital era Mira Burri; 5. The need for better disciplines on rules of origins in the WTO: evidence from NAFTA Caroline Freund; 6. For whom the bell tolls: the WTO's third decade Michael Hahn; Part II. Trade Policy and Trade-Related Concerns: 7. Reconceiving trade agreements for social inclusion Gregory Shaffer; 8. Our alarming climate crisis demands border adjustments now John Odell; 9. The multilateralization of PTAs' environmental clauses: scenarios for the future? Jean-Frédéric Morin, Clara Brandi and Axel Berger; 10. The trend to more and stricter non-trade issues in preferential trade agreements Lisa Lechner; Part III. Development Angles: 11. The trade-migration nexus from a multilevel perspective Flavia Jurje and Sandra Lavenex; 12. Trips implementation in developing countries: likely scenarios to 2025 Omar Serrano and Mira Burri; 13. Investment promotion and facilitation for LDCs Rodrigo Polanco Lazo and Azernoosh Bazrafkan; Part IV. Diffusion across Economic Treaties: 14. Heading for divorce? Investment protection rules in free trade agreements Wolfgang Alschner; 15. The regime complex for investment governance: overlapping provisions in PTAs and BITs Soo Yeon Kim and Clara Lee; 16. Asian Trade agreements in services: filling form with content Mark Manger.

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Book SynopsisAll of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have ''hollowed out'' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projeTrade Review'… this is a well-researched tome that includes copious footnotes … this volume is a sound accomplishment …' S. A. Merriman, ChoiceTable of ContentsIntroduction; 1. The antidiscrimination principle and its discontents; 2. Residues of injustice: formal equality and civil rights; 3. Toward a jurisprudence of civil rights; 4. A frayed quilt: our lost, imperfect, and unimagined civil rights; 5. Protecting rights to enter: constitutional rights and civil rights in conflict; Conclusion.

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Book SynopsisBased on a completely reconstructed archive of Persian, Hindi and Marathi documents, Nandini Chatterjee provides a unique micro-history of a family of landlords in Malwa, central India, who flourished in the region from at least the sixteenth until the twentieth century. By exploring their daily interactions with imperial elites as well as villagers and marauders, Chatterjee offers a new history from below of the Mughal Empire, far from the glittering courts of the emperors and nobles, but still dramatic and filled with colourful personalities. From this perspective, we see war, violence, betrayal, enterprise, romance and disappointment, but we also see a quest for law, justice, rights and righteousness. A rare story of Islamic law in a predominantly non-Muslim society, this is also an exploration of the peripheral regions of the Maratha empire and a neglected princely state under British colonial rule. This title is also available as Open Access.Trade Review'This book is an important work that enriches our understanding of family, empire and estate in South Asia. The analysis moves away from state policy and image-building to the micro-processes that actually reproduce state power. It achieves this through the mastery of difficult sources presented in a wide comparative frame.' Sumit Guha, University of Texas, Austin'In tracking a single family's legal documents over three centuries, Nandini Chatterjee has written an extraordinary book, upturning our understanding of how Mughal law worked and how it was experienced by its subjects. It will be revelatory for anyone interested in Islamic, South Asian, or Mughal history.' Samira Sheikh, Vanderbilt University'… it will be a valuable addition to the historiography of the Mughal Empire.' P. P. Barua, ChoiceTable of ContentsIntroduction; 1. Malwa: land of many empires; 2. Zamindars: lords of the marches; 3. Contractors: engaging the state; 4. Transactions: recording deals; 5. Disputes: judges and courts; 6. Invaders: marathas and the British; 7. Identity: professionals or warlords?; Conclusion. Fragments to archives: a methodological manifesto; Appendix. A catalogue of the P Das archive; Glossary.

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Book SynopsisFocusing on everyday legal experiences, from that of magistrates, novelists and political philosophers, to maidservants, pauper men and women, down-at-heel attorneys and middling-sort wives in their coverture, History and the Law reveals how people thought about, used, manipulated and resisted the law between the eighteenth and the twentieth centuries. Supported by clear, engaging examples taken from the historical record, and from the writing of historians including Laurence Sterne, William Godwin, and E. P. Thompson, who each had troubled love affairs with the law, Carolyn Steedman puts the emphasis on English poor laws, copyright law, and laws regarding women. Evocatively written and highly original, History and the Law accounts for historians'' strange ambivalent love affair with the law and with legal records that appear to promise access to so many lives in the past.Trade Review'Steedman writes the sort of book we have come to expect - stunningly original, steeped in local archives and literature, distinctive in its methods and voice. History and the Law concerns the everyday legal encounters of ordinary people, and the attraction of the law for historians keen to understand hearts and minds in the past.' James Epstein, Vanderbilt University, Nashville'The always engaging and reflective Carolyn Steedman here chronicles her own and others' struggles to understand and make use of eighteenth-century law - others from that time and others from our time. Taken together, these essays sketch an important agenda for historical enquiry, as well as providing insights into the historian's craft.' Joanna Innes, University of Oxford'Steedman cleverly recounts the history of everyday experiences of the law in modern Britain. Beautifully written and drawing on a wealth of sources from the eighteenth and nineteenth centuries, it will appeal to historians as well as literary and legal scholars alike.' Julia Moses, University of Sheffield'A distinctively approachable, eclectic and stimulating series of reflections on law and history's interactions, both in theory and practice, over the past four centuries, from a leading exponent of modern British cultural and social history.' Wilfrid Prest, Professor Emeritus of History and of Law, The University of Adelaide'Steedman provides a fascinating account of the interactions between the law and the English people in the decades around 1800, touching not only upon such well known figures as Mary Wollstonecraft and William Godwin but also a host of 'ordinary' men and women whose stories enter the historical record so infrequently. Readers of this book will come away with a novel, and perhaps surprising, understanding of the interactions between the law and society in the past.' James Sharpe, Professor Emeritus of Early Modern History, University of York'History and the Law is an intriguing volume that navigates fields and disciplines as distinct as plebeian culture, literary theory, and historiography … the reader's reward is watching a consummate historian at work.' J. A. Jaffe, Choice'… based on an abundance of printed and archival sources as well as extensive secondary literature, [this book] is an impressive monument of this fondness.' Mia Korpiola, Comparative Legal History'… based on an abundance of printed and archival sources as well as extensive secondary literature, [this book] is an impressive monument of this fondness.' Mia Korpiola, Comparative Legal History'… a stimulating and a thought provoking read.' Anne Logan, Cultural and Social HistoryTable of ContentsA beginning: 'history' Stephen Dunn; 1. Its ziggy shape; 2. Law troubles: two historians and some threatening letters; 3. Letters of the law: everyday uses of the law at the turn of the English nineteenth-century; 4. The worst of it: Blackstone and women; 5. Who owns Maria; 6. Sisters in laws; 7. Hating the law: Caleb Williams; 8. The kind of law a historian loved; An ending: not a story; Bibliography; Index.

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Book SynopsisHassine draws from real-life scenarios and his long experience working to protect the rights of displaced people, creating a pragmatic policy for the human consequences of climate change. Without confusing jargon and abstract scientific concepts, the study gives lucid insight into climate displacement. Accessible for undergraduates, law and policy practitioners.Table of ContentsPart I. Research Framework: 1. Introduction; 2. Climate displacement scenarios; Part II. Connecting the Dots: 3. Human mobility and the climate change framework; 4. Climate change and human rights: the path of convergence; 5. Mobilizing the United Nations human rights machinery; 6. The road to Paris; 7. Intermediate remarks; Part III. Protection Challenges and Policy Options: 8. Normative framework and protection challenges; 9. Existing frameworks and policy options; 10. Intermediate remarks; Part IV. A Framework for Handling Climate Displacement: The Peninsula Principles: 11. Introductory remarks; 12. Background; 13. Nature and structure of the Peninsula principles; 14. Scope of application; 15. General obligations under the Peninsula principles; 16. Human rights imperatives; 17. Prevention commanding relocation; 18. Protection and assistance throughout the displacement cycle; 19. Return of climate displaced persons; 20. Operationalizing and applying the Peninsula principles; 21. Implementation – impact and impediments; Conclusion.

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Book SynopsisConstitutional political economy has emerged as an indispensable part of political economy. This book offers a concise survey of the questions, methods, and empirical findings central to this topic. What effects if any do constitutions have within autocracies? Can small electoral districts help reduce corruption? Does a country''s leadership affect the size of its government? Can direct democratic institutions increase politicians'' accountability to citizens? Stefan Voigt, a pioneer in the field, explores these questions and more throughout the course of this cutting-edge primer. As the number of courses in constitutional economics continues to grow, this book fills an important gap in the literature. This highly original project maintains curiosity about the questions it generates, identifying potential new areas of research whilst successfully demonstrating the impact constitutional rules have on political economy.Trade Review'Over the last 30 years or so, 'constitutional political economy' has emerged as an important branch of political economy, or more broadly political science and economics. This Primer presents a comprehensive survey of the diverse literatures that are relevant for the field. Although primarily designed for use in the classroom, it provides an excellent introduction to the field for scholars unfamiliar with this literature. Moreover, Stefan Voigt surveys such a vast number of relevant contributions that even scholars working within the field will discover works with which they were unfamiliar.' Dennis Mueller, Emeritus Professor of Economics, University of Vienna'This volume by one of the masters of constitutional political economy is the perfect introduction to this important line of research. It combines a state-of-the-art summary of current debates with clear, accessible writing. Highly recommended for those new to the field, but also essential reading for those who've worked in it as well.' Tom Ginsburg, Leo Spitz Professor of International Law and Professor of Political Science, University of Chicago'What happens when the toolkit of political economy is applied to the study of constitutional rules? The result is constitutional economics—a field that legal scholars and social scientists alike should get to know, because they will be hearing a lot more about it for years to come. And one could not ask for a clearer or more knowledgeable overview of this burgeoning field than this elegant volume by Stefan Voigt. Newcomers and advanced readers alike will benefit from its concise, candid, and critical evaluation of both the existing literature and the work that remains to be done.' David Law, Chancellor's Professor, University of California, Irvine'Comprehensiveness combined with successful brevity makes the book a valuable reference volume. An important contribution of the book is to point out studies that qualify or contradict results of past studies that have been given prominence and may have come to be regarded as having provided definitive answers to important questions. The book is suitable for researchers who want a succinct introductory overview as well as for researchers in the field who want to ensure that they have not missed essential questions and contributions.' Arye L. Hillman, Public ChoiceTable of ContentsIntroduction; 1. Conceptual Foundations; 2. Democracy vs. Autocracy; 3. Positive Constitutional Economics; 4. Conclusions – and Possible Future Issues; Appendix 1. Coding Countries According to Two Governance Scores; Appendix 2. Empirical Results at a Glance: Constitutional Rules as Explanatory Variables, Cross-Country Results Unless Otherwise Noted

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Book SynopsisGlobal performance indicators (GPIs), such as ratings and rankings, permeate nearly every type of human activity, internationally and nationally, across public and private spheres. While some indicators aim to attract media readership or brand the creator''s organization, others increasingly seek to influence political practices and policies. The Power of Global Performance Indicators goes beyond the basic questions of methodological validity explored by others to launch a fresh debate about power in the modern age, exploring the ultimatequestions concerning real-world consequences of GPIs, both intended and unintended. From business regulation to terrorism, education to foreign aid, Kelley and Simmons demonstrate how GPIs provoke bureaucracies, shape policy agendas, and influence outputs through their influence of third parties such as donors and market actors and, potentially, even broader global authority structures.Trade Review'Global rankings have become an institutionalized benchmark that drives policymaking and social perceptions of excellence. In this wide-ranging volume, Judith Kelley and Beth Simmons have summoned the best minds to reorient how we think about global dynamics.' Mauro F. Guillen, The Wharton School'Do indicators matter? The Power of Global Performance Indicators offers impressive empirical evidence that they do. As the use of quantitative measures as a mode of governance mushrooms, countries and leaders become increasingly concerned about their reputations and rankings. This collection of studies provides invaluable evidence about how and why they work. It is essential reading for anyone interested in the trajectory of governance strategies today.' Sally Engle Merry, New York University'Rankings have become a stealth but ubiquitous feature of our world. If there is an activity, there is a ranking. If there is an actor, it is ranked from several vantages points. States sometimes care about how there are ranked and judged, and sometimes they even care enough to change their behavior or manipulate how they are ranked. What makes this collection truly impressive is not just the evidence that ranking matter but the careful, and sometimes quite methodologically creative, demonstration of how they matter. An important book that is a significant contribution to the literature of international relations.' Michael Barnett, George Washington University'Especially since the 1990s, policy entrepreneurs have used comparative indicators of performance to affect policies of organizations that depend on impersonal transnational flows of resources. The Power of Global Performance Indicators demonstrates that in contemporary world politics, power can come less from the barrel of a gun than from marshalling and framing social science data.' Robert O. Keohane, Princeton University, New Jersey'In my list of the best books on global governance, this one about Global Performance Assessments ranks very high. It scores high on all dimensions of a book performance assessment: great and innovative theme, good theoretical grounding, well-executed research, and very interesting findings. It is a Triple-A book.' Michael Zürn, Minda de Gunzburg Center for European Studies, Harvard UniversityTable of Contents1. Introduction: the power of global indicators Judith Kelley and Beth Simmons; Part I. Ratings, Rankings and Regulatory Behavior: 2. The power of ranking: the ease of doing business and global regulatory behavior Rush Doshi, Judith Kelley and Beth Simmons; 3. Blacklists, market enforcement, and the global regime to combat terrorist financing Julia C. Morse; 4. Power of indicators in global development policy: the millennium development goals Helena Hede Skagerlind; Part II. The Normative Influence of Ratings and Rankings: 5. A race to the top? The aid transparency index and the normative power of global performance indicators Dan Honig and Catherine Weaver; 6. International assessments and education policy: evidence from an elite survey Rie Kijima and Phillip Y. Lipscy; 7. Reporting matters: performance indicators and compliance in the ILO Faradj Koliev, Thomas Sommerer and Jonas Tallberg; 8. Freedom House's scarlet letter: assessment power through transnational pressure Jordan Roberts and Juan Tellez; Part III. Beyond and Within State: Influences and Impacts on Non-state Actors: 9. Can blacklisting reduce terrorist attacks? The case of the US Foreign Terrorist Organization (FTO) List Hyeran Jo, Brian Phillips and Joshua Alley; 10. Assessing international organizations: competition, collaboration, and politics of funding Ranjit Lall; Part IV. Skeptical Voices: Null Results, Unintended Consequences: 11. Third party policymakers and the limits of the influence of indicators Melissa M. Lee and Aila M. Matanock; 12. The millennium development goals and education: accountability and substitution in global performance indicators James H. Bisbee, James R. Hollyer, B. Peter Rosendorff and James Raymond Vreeland; 13. Conclusion: global performance indicators: themes, findings and an agenda for research Judith Kelley and Beth Simmons.

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Book SynopsisEveryday Justice clearly demonstrates the value of revitalizing the category of justice in ethnographic work by revealing how both justice and injustice are woven into everyday life in manifold and widely differing ways. The contributors account for this complexity across multiple particular social relations, places, and times, such that concepts and experiences of justice are made analytically visible without essentializing the construal of justice both as an idea and in practice. In the best scholarly tradition, Everyday Justice provides theoretical readings of justice and injustice, justice and law, and relational justice, each designed to cut through the specificity of myriad social, political, and legal conjunctures in a clarifying way. One outcome is to suggest future research possibilities to readers by highlighting theoretically distinctive yet ethnographically specific questions about justice. Everyday Justice will be essential reading for anyone interested in justice in theory and practice.Trade Review'Justice is more often felt than grasped intellectually, its everyday contexts accounting for its special bite. In this superb collection of essays the authors demonstrate how those contexts give meaning to local justice and how a sophisticated sense of its presence or absence depends on its socio-cultural surround. These timely studies complement and extend philosophical discussions of justice by showing its centrality to our different ways of experiencing the quotidian world as orderly and fair.' Lawrence Rosen, Princeton University, New Jersey'In this important volume, Sandra Brunnegger and her colleagues challenge scholars from across the disciplines to rethink how we approach justice. They offer an accessible but sophisticated exemplar of how anthropology can shine a light on the 'muddle' in which writings on justice too often land, caught between the abstractions of theorists and the immediacy of justice practices in everyday life. Especially recommended for legal and political theorists who are interested in expanding their reach, and for sociolegal scholars concerned with integrating the study of justice into empirical research.' Elizabeth Mertz, John and Rylla Bosshard Professor of Law, University of Wisconsin, Madison Law SchoolTable of Contents1. Theorizing everyday justice Sandra Brunnegger; Part I. Possibilities of Everyday Justice: 2. Street justice: graffiti and claims-making in urban public space Ronald Niezen; 3. Seeking respect, fairness, and community: low wage migrants, authoritarian regimes and the everyday urban Laavanya Kathiravelu; Part II. The Force of Everyday Justice: 4. 'We don't work for the Serbs, we work for human rights': justice and impartiality in transitional Kosovo Agathe C. Mora; 5. The enduring transition: temporality, human security and competing notions of justice inside and outside of the law in Bosnia and Herzegovina Sari Wastell; Part III. Everyday Justice Unbound: 6. Troubled currents and the contentious moral orderings of Drakes Estero Kathleen M. Sullivan; 7. Everyday justice at the courthouse? Governing lay participation in Argentina's criminal trials Santiago Abel Amietta; 8. Ever in the making: actors and injustice in a Papua New Guinea village court Eve Houghton; 9. Afterword Carol J. Greenhouse.

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Book SynopsisForensic linguistics is at the cutting edge of the undercover policing of child sexual abuse on the open internet and dark web, and language and identity is a fundamental part of this. The authors have drawn on their extensive experience in training undercover officers to develop innovative methods in identifying the creation and performance of online personas, crucial in detecting identity disguise online. This groundbreaking book demonstrates these methods through case studies, whilst also exploring the link between language and identity. By bringing together previously opposed positions in forensic authorship analysis, the book develops a novel theory of linguistic identity, which will resonate not just in forensic authorship research but in sociolinguistics more widely. This unique forensic linguistic project has real-life impact in assisting the police in their investigation of online abusers, and has impact for students and researchers of linguistics, through its contribution to Trade Review'Language and Online Identities is a very readable book crammed with newly researched, important and often disturbing material of a kind not publicly available before and all well illustrated with fascinating examples.' Malcolm Coulthard, Federal University of Santa Catarina, Brazil'The authors should be commended for their incredibly important work in this area. The field of forensic linguistics is better for it, not only for how it has already helped law enforcement, but also for the ways in which we can use the information presented here to help protect the vulnerable in the future in an ever-increasingly online world.' Karen E. Lillie, State University of New York, FredoniaTable of Contents1. Introduction; 2. Data and methods; 3. Experimental results; 4. Training identity assumption; 5. Resources and constraints in abuse identity performance; 6. Contexts for linguistic investigative advice; 7. Implications and future directions.

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Book SynopsisThe study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.Trade Review'This important work provides insight into the most pressing issues of American Indian law. Its strengths lie in its organization and the expertise of the contributors … this is a substantive work.' F. E. Knowles, ChoiceTable of ContentsEditor and contributor biographies; Preface; Acknowledgements; Introduction; Part I. Core Concepts: 1. Marshalling past and present: colonization, constitutionalism, and interpretation in federal Indian law, 107 Harvard Law Review 381 (1993) Philip P. Frickey; 2. The algebra of federal Indian law: the hard trail of decolonizing and Americanizing the white man's jurisprudence, 1986 Wisconsin Law Review 219 (1986) Robert A. Williams, Jr; 3. Red: racism and the American Indian, 56 UCLA Law Review 591 (2009) Bethany R. Berger; 4. (Tribal) sovereignty and illiberalism, 95 California Law Review 799 (2007) Angela R. Riley; Part II. Voices: 5. 'Life comes from it': Navajo justice concepts, 24 New Mexico Law Review 175 (1994) Robert Yazzie; 6. Tribal court praxis: one year in the life of twenty Indian tribal courts, 22 American Indian Law Review 285 (1998) Nell Jessup Newton; 7. Beyond Indian law: the Rehnquist Court's pursuit of states' rights, color-blind justice and mainstream values, 86 Minnesota Law Review 267 (2001) David H. Getches; 8. A narrative of sovereignty: illuminating the paradox of the domestic dependent nation, 83 Oregon Law Review 1109 (2005) Sarah Krakoff; Part III. Property: 9. Sovereignty and property, 86 Northwestern University Law Review 1 (1991) Joseph William Singer; 10. The legacy of allotment, 27 Arizona State Law Journal 1 (1995) Judith V. Royster; 11. A common law for our age of colonialism: the judicial divestiture of Indian tribal authority over nonmembers, 109 Yale Law Journal 1 (1999) Philip P. Frickey; 12. In defense of property, 118 Yale Law Journal 1022 (2009) Kristen A. Carpenter, Sonia K. Katyal and Angela R. Riley; Part IV. (Mis)Understandings: 13. Dependent sovereigns: Indian tribes, states, and the federal courts, 56 University of Chicago Law Review 671 (1989) Judith Resnik; 14. There is no federal Supremacy Clause for Indian Tribes, 34 Arizona State Law Journal 113 (2002) Robert N. Clinton; 15. American Indians, crime, and the law, 104 Michigan Law Review 709 (2006) Kevin K. Washburn; 16. Factbound and splitless: the Certiorari process as barrier to justice for Indian tribes, 51 Arizona Law Review 933 (2009) Matthew L. M. Fletcher.

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Book SynopsisThis volume is for academics, lawyers, and policymakers seeking to understand some of the biggest lawsuits across the world. Contributing authors describe and assess class action procedure (or its equivalent) in nearly two dozen countries, provide empirical data on how regions are implementing the procedure, and make recommendations for reform.Trade Review'The Cambridge Handbook of Class Actions: An International Survey is distinctive in collecting within a single volume penetrating analyses of developments around the globe bearing on the conduct of class actions and their analogs. This collection is not just a valuable research source, it is a story of how diverse legal cultures have traveled toward a common goal: the efficient and trustworthy resolution of mass claims.' James D. Cox, Brainerd Currie Professor of Law, Duke University'Countries around the world have come to realize that some mechanism for aggregating the similar claims of multiple litigants is crucial for access to justice. Fitzpatrick and Thomas have put together an essential collection of materials on global experimentation - including the US experience - that addresses both the promise and the challenge of finding the right policy balance.' Donald Langevoort, Thomas Aquinas Reynolds Professor of Law, Georgetown Law'This volume analyzing the development of methods to aggregate cases in courts is itself an impressive aggregation of jurisdictions and perspectives that permits readers to understand the need for the use of class actions and the challenges that multi-party, group-based actions entail.' Judith Resnik, Arthur Liman Professor of Law, Yale Law SchoolTable of Contents1. The U.S. Class Action from a Utilitarian Perspective: Balancing Social Benefits and Social Costs Robert G. Bone; 2. Civil Rights, Access to Counsel, and Injunctive Class Actions in the United States Maureen Carroll; 3. Class Action Nuisance Suits: Evidence from Frequent Filer Shareholder Plaintiffs Sean J. Griffith; 4. The Future of Aggregate Litigation in the United States Robert Klonoff; 5. Mandatory Arbitration of Intra-Corporate Disputes in Brazil: A Beacon of Light for Shareholder Litigation? Patricia Gil Lemstra and Joseph A. McCahery; 6. Cold Facts from the Great White North: Empirical Truths, Contemporary Challenges and Class Action Reform Jasminka Kalajdzic and Catherine Piché; 7. Class Action in Brazil: Overview, Current Trends and Case Studies Carlos Portugal Gouvêa and Helena Campos Refosco; 8. English Systems of Multi-Party Litigation Neil Andrews; 9. Class Actions in Switzerland Beat Bräendli; 10. Class Actions in Belgium Hans De Wulf; 11. The New Italian Regulation on Class Actions Paolo Giudici and Beatrice Zuffi; 12. Collective Litigation in German Civil Procedure Axel Halfmeier; 13. Class Action à la Française Maria José Azar-Baud and Véronique Magnier; 14. The Solid Dutch Mechanisms for Collective Settlement C.F. Van der Elst and W.C.T. Weterings; 15. The Emergence and Reform of the New Zealand Class Action Nikki Chamberlain and Susan Watson; 16. Representative Proceedings in Singapore: Is the Time Ripe for Reform? Eunice Chua; 17. Class Action in China: Challenges and Opportunities Robin Hui Huang; 18. Class Actions in Australia Michael Legg and Samuel J. Hickey; 19. Empirical and Practical Perspectives on 27 Years of Product Liability Class Actions in Australia Julian Schimmel, Maurice Blackburn Lawyers, Nina Abbey and Vincent Morabito; 20. Securities Class Actions in Korea Hai Jin Park and Hyeok-Joon Rho; 21. A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan Taeko Morita, Daisuke Eguchi, Nishimura and Asahi; 22. The Indian Securities Fraud Class Action: Is Class Arbitration the Answer? Brian T. Fitzpatrick and Randall Thomas; 23. Class Actions in South Africa: A Need for Certainty Theo Broodryk; 24. Class Actions and the Regulatory State – Lessons from Israel Shay Lavie; 25. The Israeli Public Class Action Fund: New Approach for Intergrating Business and Social Responsibility Eli Bukspan.

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Book SynopsisA unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.Trade Review'The most valuable feature of this excellent work is that it will be a very efficient and reliable source of information for lawyers coming from jurisdictions having different laws and practices on topics of great importance in the contemporary world of international arbitration. This will be a notable contribution to further development of this way of dispute settlement.' Professor Alexander S. Komarov, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation'This valuable new sourcebook provides a detailed look at the zones of intersection between state courts and arbitration including conflicts of interest, arbitrator misconduct, and the enforcement of arbitration agreements and awards. A notable feature of the book is the country reports on judicial control of arbitration in 15 major jurisdictions. The book will prove to be a useful reference for practitioners and a source of rich insights for students and scholars of comparative international law. I highly recommend it.' Dr. Michael Moser, Twenty Essex Chambers, Past Chairman, Hong Kong International Arbitration Centre'The intersection between arbitration and courts is at a procedural crossroad that is critically relevant in both theory and practice. The analyses collected in this book offer a unique and invaluable guidance to those who find themselves at this intersection.' Tibor Várady, Emeritus Professor Emory University and Emeritus Professor Central European University'… the book is an interesting and enlightening collection of essays and will be of value to practitioners, scholars, and students looking for specific guidance on discrete issues as well as a broad overview of the international arbitration universe.' Michail Risvas, Journal of World Investment & TradeTable of ContentsPart I. Vacating Commercial Arbitration Awards: 1. Introduction: Intersection of courts and arbitration Marta Infantino, Nathalie Potin and Larry A. Dimatteo; 2. Independence and impartiality of arbitrators Carlos Matheus López; 3. Exploring the parameters of conflicts of interest Nathalie Potin and Tunde Ogunseitan; 4. Procedural irregularities and misconduct during proceedings Alexander Belohlavek; Part II. Enforcing Commercial Arbitration Awards: 5. Inter-arbitration association conflict Richard Happ; 6. Requirements for enforceability Daìrio Manuel Lentz De Moura Vicente; Part III. Scope and Interpretation of Arbitration Clauses: 7. Judicial interpretation of standard clauses Rocio Digon and Tony Cole; 8. Industry-specific clauses and their interpretation Alexandra-Luiza Ionescu (Mareș); 9. Drafting, interpretation, and enforcement of arbitration clauses: a practitioner's perspective Philippe Cavalieros; Part IV. Judicial Control over Arbitral Awards: Country Reports: 10. Judicial control of arbitral awards in Argentina Maria Beatriz Burghetto; 11. Judicial control of arbitral awards in Australia Luke Nottage, Nobumichi Teramura and Jim Morrison; 12. Judicial control of arbitral awards in Bulgaria Oleg Temnikov; 13. Judicial control of arbitral awards in China Lei Chen and Wang Hao; 14. Judicial control of arbitral awards in France Denis Bensaude; 15. Judicial control of arbitral awards in Germany Joseph Schwartz; 16. Judicial control of arbitral awards in Italy Marta Infantino; 17 Judicial control of arbitral awards in Nigeria Tunde Ogunseitan and Nathalie Potin; 18. Judicial control of arbitral awards in Poland Jerzy Pisuliński and Piotr Tereszkiewicz; 19. Judicial control of arbitral awards in the Russian Federation Dmitry Dozhdzev; 20. Judicial control of arbitral awards in Spain Teresa Rodriguez De Las Heras Ballell; 21. Judicial control of arbitral awards in Switzerland Phillip Landolt; 22. Judicial control of arbitral awards in Ukraine Galyna Mykhailiuk; 23. Judicial control of arbitral awards in United Kingdom Andrew Tetley; 24. Judicial control of arbitral awards in the United States Larry A. Dimatteo; Part V. Summary and Findings: 25. Divergence, themes, and trends in national arbitration laws Nathalie Potin, Marta Infantino and Larry A. Dimatteo; 26. Shared control system over arbitral proceedings Friedrich Rosenfeld.

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Book SynopsisThis book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.Trade Review'Biagi has produced a masterpiece of comparative law. His methodologically careful, crisply analytic study of constitutional courts in Europe deepens our understanding of the role of judicial review in democratic transition. He shows how courts transform politics while securing constitutional democracy.' Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago'Francesco Biagi has written an important book on the role of constitutional courts in transitions to democracy. The literature on the subject is abundant, but Biagi's book stands out because of its unique combination of an historical and interdisciplinary approach to highlight legal landmarks and substantive democratic achievements. His account of three generations of transitions is highly rewarding as it affords a wealth of both retrospective and prospective insights.' Michel Rosenfeld, Yeshiva UniversityTable of Contents1. Democratic transitions and constitutional courts; 2. The first generation: the case of the Italian Constitutional Court; 3. The second generation: the case of the Spanish Constitutional Court; 4. The third generation: the case of the Constitutional Court of the Czech Republic; 5. Comparing three generations; Bibliography; Index.

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Book SynopsisIt is a fundamental term of the social contract that people trade allegiance for protection. In the nineteenth century, as millions of people made their way around the world, they entangled the world in web of allegiance that had enormous political consequences. Nationality was increasingly difficult to define. Just who was a national in a world where millions lived well beyond the borders of their sovereign state? As the nineteenth century gave way to the twentieth, jurists and policymakers began to think of ways to cut the web of obligation that had enabled world politics. They proposed to modernize international law to include subjects other than the state. Many of these experiments failed. But, by the mid-twentieth century, an international legal system predicated upon absolute universality and operated by intergovernmental organizations came to the fore. Under this system, individuals gradually became subjects of international law outside of their personal citizenship, culminatinTrade Review'Nationals Abroad is a wonderfully written, rich and innovative study which unearths and problematizes the histories of international business interests and the creation of the international human rights regime and chronicles the rise and decline of diplomatic protection in favor of individual independent claims before international tribunals.' Doreen Lustig, Tel Aviv University'The individual is the new centrepiece of international law, yet most studies are confined to her human rights against her own state. Bringing together international law, human rights law, international economic law, and legal history together, Christopher Casey goes further. And with his superb writing skills he provides us with a book that is not only needed and timely, but also fascinating to read.' Ralf Michaels, Max Planck Institute for Comparative and International Private Law'A tour de force. Nationals Abroad makes an important contribution to the historical literature on the place of individuals in international law. Casey rediscovers the central place that nationality occupied in the making of modern international law. Elegantly and charmingly written, this book is a must read for anyone interested in legal history of the nineteenth-century Atlantic.' Peter J. Spiro, Charles Weiner Professor of Law, Temple University'The book is a good starting point for readers interested in a general survey of the history of international law … Nationals Abroad presents a logical narrative of the relationship between states and individuals in the past two centuries.' Jeff Wu, New York University Journal of International Law and Politics'… Casey has written a path-breaking account of the history of the rights of aliens and the rights of states to protect nationals abroad. It is essential reading for anyone interested in the history of diplomatic protection and is highly recommendable to any reader interested in the relationship between human rights, migration, state responsibility and international investment.' Doreen Lustig, The Law & Practice of International Courts and Tribunals'Elucidating the modalities of this tension and finding ways to resolve it in fair and sustainable ways demand a comprehensive understanding of international law's past and present. The book at hand has started an important conversation.' Ntina Tsouvala, Heidelberg Journal of International LawTable of ContentsIntroduction; Part I .Mise en scène: The International Legal World, 1850-–1914: 1. The Walls of Gilgamesh; 2. Making Nations, Breaking Nationality; Part II. Mise en scène: The International Legal World, 1919-–1939: 3. Sovereign Nations; 4. Sovereign Persons; 5. Sovereign Commerce; Part III. Mise en scène: The International Legal World, 1945-–Present: 6. Cosmopolitans and Capitalists; Conclusion

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Book SynopsisIn 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state''s exclusivist claim to be law''s harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today.Trade Review'This volume brings together leading international scholars - from various mainstream as well as critical and interdisciplinary perspectives - to explore the historical and contemporary normative frameworks, public and private actors, and contested power relations in the ever-expanding field of transnational law. Drawing upon the ground-breaking contributions of Philip Jessup in the wake of WWII, the volume points to the innovations of current scholarship that analyze transborder legal processes as collective and discursive practice. Since many aspects of transnational law are largely unregulated by state governments, the volume rightly asks to what degree does transnational law contribute to today's crises of democratic governance? Given what is at stake, the volume is essential reading for scholars and practitioners grappling with the increasing complexities of transnational legal formations in the twenty-first century.' Eve Darian-Smith, University of California, Irvine'From Jessup's first insights on transnational law, itself situated somewhere between the public and private international legal varieties, emerges the riddle of the 'in-between': inter-legalities, inter-normativities, inter-textualities. Further questions arise: How do we understand law beyond the state, across geographical and disciplinary boundaries, if not as a motley assemblage of claims to legitimacy, soft and hard, crossing and muddling familiar boundaries, aspiring to both global and subnational validity? What exactly is being globalized as law today? What epistemologies are available in order to capture its transformations? This stimulating collection of very diverse 'multi-dimensional' viewpoints from around the world - by pragmatists, pluralists, feminists, post-colonialists, comparatists, historians … - engages a wide selection of topics, including data flows, arbitration, sports law, environmental regulation, dispute resolution, family, and others - through an equally ample range of conceptual and, indeed, emotional registers - comity, cooperation but also the drama, the unseen, the darker legacy … - to enrich our legal imaginaries.' Horatia Muir Watt, Ecole de droit, Sciences-po, Paris'Jessup magisterially named a phenomenon that promises to saturate the world – the magnetic pull of law towards arrays of problems whose solution extends beyond the state. The seemingly endless proliferation of actual and aspirant legal orders in the transnational demands precisely the relentlessly creative, critical and constructive reflections in this timely volume. It is all here – transnational law as texts and institutions, form and function, drama and symbol, emotion and reason, fact and value, as it confronts food security, global sustainability, terrorism, sport and the family, and much else. No mere jurists' playground, this book presses legal scholars into lively conversation with social scientists who also grapple with law's insatiable reach to problem-solving worldwide. Many Lives is a singular achievement and worthy of searching reflection by scholars and transnational lawmakers alike.' Terence C. Halliday, American Bar Foundation'Transnational Law is more than and different from Public International Law. This idea encompasses a whole world of facts, of instruments and of thoughts. Over the past sixty years, Transnational Law has ventured far beyond the circles of international lawyers as it continues to resonate with efforts in political science, theory and philosophy to conceptualize political order and democratic legitimacy across the nation-state's boundaries. The gift of writings presented here to Jessup and to the legal community at the 60th anniversary of the first publication of 'Transnational Law' sketches and revisits this history and idea in a truly congenial way – dense, thoughtful, and inspiring.' Stefan Grundmann, European University Institute, Florence and Humboldt-Universität zu BerlinTable of ContentsIntroduction: transnational law, with and beyond Jessup Peer Zumbansen; Part I. Transnational Law: The Public and the Private: 1. Jessup at the United Nations: international legacy, transnational possibilities Stephen Minas; 2. The concept of a global legal system Christopher A. Whytock; 3. How comity makes transnationalism work Thomas Schultz and Niccolò Ridi; Part II. Transnational Law as Regulatory Governance: 4. Aiding and abetting in theorising the increasing softification of the international normative order – a darker legacy of Jessup's transnational law? Karsten Nowrot; 5. From international law to transnational law, from transnational law to transnational legal orders Gregory Shaffer and Carlos Coye; 6. Transnational law in the Pacific Century: mapping pesticide regulation in China Francis Snyder, Zhouke Hu and Lili Ni; 7. Transnational law in context: the relevance of Jessup's analysis for the study of 'international' arbitration Florian Grisel; 8. Transnational Law and Adjudication – Domestic, International and Foreign Intersections Bryan Horrigan; 9. Transnational Law and Global Dispute Resolution Shahla Ali; 10. Conflicts of law and the challenge of transnational data flows Paul Schiff Berman; 11. What lex sportiva tells you about transnational law Antoine Duval; 12. Family law: a blindspot Ivana Isailovic; Part III. Transnational Law: The Field's Normative Stakes: 13. Locating private transnational authority in the global political economy A. Claire Cutler; 14. Transnational law as drama Jothie Rajah; 15. Transnational law as unseen law Natasha Affolder; 16. The Cri De Jessup sixty years later: transnational law's intangible objects and abstracted frameworks Larry Catá Backer; 17. The private life of transnational law: reading Jessup from the postcolony Prabhakar Singh; 18. After the backlash: a new pride for transnational law? Ralf Michaels; Part IV. Conclusion: Epilogue – difficulties for every solution: defining transnational law at the edge of transdisciplinarity Vik Kanwar.

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Book SynopsisDevelopment of Environmental Laws in India highlights the dynamic nature of environmental law-making in India between the judiciary, the executive and the parliament. This has led to the creation of a wide range of environmental institutions and bodies with varied roles and responsibilities. The book contains a large volume of materials from the late 1990s, which show a marked shift in the nature of environmental governance in India. These materials offer an understanding of the contemporary debates in environment law in the context of India''s economic liberalisation. The materials are thematically organized and presented in an accessible manner. The chapters contain definitions and specific clauses from the legal instruments and refer to court orders and judgements on these themes.Table of ContentsPreface; Introduction: Environmental Laws and Development; 1. Fundamentals of Environmental Law; 2. Institutions Regulating India's Environment; 3. Forest Reservation and Conservation; 4. Pollution Control and Prevention; 5. Environment Protection; 6. Wildlife and Biodiversity Conservation; 7. Ground and Surface Water Extraction; 8. Land Acquisition; 9. Climate Change; 10. Contemporary Environmental Law Reforms; Index.

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Book SynopsisThis collection of essays by prominent historians examines and builds on the scholarly legacy of Christopher W. Brooks, the leading historian of early modern English law, society and politics. Of interest to early modern historians of England and socio-legal scholars, exploring how law was understood and used by different communities.Trade Review'The essays collected in Law, Lawyers, and Litigants in Early Modern England form a fitting tribute to legal historian Christopher W. Brooks and the tremendous impact his work has had on our understanding of law and society in early modern England.' Alison A. Chapman, The Journal of British StudiesTable of Contents1. Introduction Michael Lobban, Joanne Begiato and Adrian Green; 2. Christopher Brooks's contribution to early modern history Michael J. Braddick; 3. Law, law-consciousness and lawyers as constitutive of early modern England: Christopher W. Brooks's singular journey David Sugarman; 4. 'The hard rind of legal history': F. W. Maitland and the writing of late medieval and early modern British social history R. A. Houston; 5. Fountains of justice: James I, Charles I and equity R. W. Hoyle; 6. The Inns of Court, Renaissance, and the language of modernity Phil Withington; 7. The micro-spatial dynamics of litigation: the Chilvers Coton tithe dispute, Barrows vs. Archer (1657) Steve Hindle; 8. 'Law-mindedness': crowds, courts and popular knowledge of the law in early modern England John Walter; 9. Local laws, local principles: the paradoxes of local legal processes in early modern England Peter Rushton; 10. 'So now you are wed enough': clandestine unions in the north-west of England in the first half of the eighteenth century Joanne Begiato; 11. 'Blunderers and Blotters of the Law? The rise of conveyancing in the eighteenth century and long term socio-legal change' Craig Muldrew; 12. England and America: the role of the Justice of the Peace in County Durham, England and Richmond County, Virginia, in the eighteenth century Gwenda Morgan; 13. Law and architecture in early modern Durham Adrian Green; 14. Law and revolution: the seventeenth century English example C. W. Brooks; 15. Religion and law in early modern England C. W. Brooks.

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Book SynopsisThis book is for anyone interested in research involving humans, such as researchers, potential participants, ethics committees and institutional review boards, university educators and students, and policy makers. It analyses the limitations of respect for autonomy that lead to under-research of vulnerable groups, and explores new ethical approaches.Trade Review'The strength of this volume is its timeliness and humanistic core, as manifested in the deep concern for the good of humankind, which must serve, the authors agree, as the goal of human research. This book is recommended for scholars and practitioners interested in bioethics, legal studies, and research methodologies and regulation.' M. Uebel, ChoiceTable of ContentsIntroduction. The limits of respect for autonomy David G. Kirchhoffer; Part I. Exploring Problems of Respect for Autonomy in Bioethics, Law and Society: 1. Autonomy and the law: widely used, poorly defined Bernadette J. Richards; 2. Lack of autonomy: debates concerning research involving children Thomas H. Murray; 3. Diminished autonomy: consent and chronic addiction Steve Matthews and Jeanette Kennett; 4. Compromised autonomy: social inequality and issues of status and control S. Stewart Braun; Part II. The Search for Alternative or Complementary Concepts Surrounding Autonomy: 5. Self-ownership in research ethics Garrett Cullity; 6. Beneficence in research ethics David G. Kirchhoffer, Christi D. Favor and Christopher D. Cordner; 7. Dignity, being and becoming in research ethics David G. Kirchhoffer; 8. Virtues in research ethics: developing an empirically-informed account of virtues in biomedical research practice Justin Oakley; Part III. Beyond Autonomy: Turning to the Community to Protect the Individual: 9. Duties of shared membership in research ethics José Miola; 10. Engaging communities in human research in the Global South Anita Ho; 11. Reducing shared vulnerabilities to data misuse Wendy Rogers.

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Book SynopsisThe spread of violent extremism, 9/11, the rise of ISIL and movement of ''foreign terrorist fighters'' are dramatically expanding the powers of the UN Security Council to govern risky cross-border flows and threats by non-state actors. New security measures and data infrastructures are being built that threaten to erode human rights and transform the world order in far-reaching ways. The Law of the List is an interdisciplinary study of global security law in motion. It follows the ISIL and Al-Qaida sanctions list, created by the UN Security Council to counter global terrorism, to different sites around the world mapping its effects as an assemblage. Drawing on interviews with Council officials, diplomats, security experts, judges, secret diplomatic cables and the author''s experiences as a lawyer representing listed people, The Law of the List shows how governing through the list is reconfiguring global security, international law and the powers of international organisations.Trade Review'The Law of the List carefully traces the emergence of global security law through sites of global governance where legal and security practices are reassembled. Both theoretically and methodologically, the book will be indispensable reading for scholars and students researching contemporary security governance.' Claudia Aradau, Professor of International Politics, Department of War Studies, King's College London'The Law of the List is an important contribution to a new generation of socio-legal scholarship on international and global law.' Nehal Bhuta, Chair of International Law, University of Edinburgh'Gavin Sullivan brings to life the mundane technicalities of UN Counterterrorism Sanctions. His synthesis of actor-network theory, Foucauldian genealogy, multi-sited ethnography and socio-legal studies illuminates the intricate politics of global security law, and expands our vision of international law.' Annelise Riles, Director of the Roberta Buffett Institute for Global Studies, Northwestern University'Sullivan's laboratory study of the regulatory architecture that is both shaped by and shaping these forces of alienation, exclusion and control, offers an extremely perceptive critique of a world of words and actions that has become increasingly undecipherable - and, unbearable.' Peer Zumbansen, Inaugural Chair of Transnational Law and Founding Director, Transnational Law Institute, King's College London'Sullivan (Edinburgh Law School, Univ. of Edinburgh, UK), a lawyer who has assisted many clients who have been targeted by such lists, combines his experiences with interviews of officials to explore this opaque and confusing law practice. In doing so he provides a unique service to researchers and practitioners. This is not a book for everyone, but for those who need it, it is invaluable … Highly recommended.' D. McIntosh, Choice'… the work underlines how, and to which extent, law and legal considerations help shape and structure international politics and global diplomacy - and that should reflexively feed into further theorizing by lawyers and social scientists alike.' Dr. Morag Goodwin, International Organizations Law ReviewTable of Contents1. The law of the list; 2. Global listing technologies and the politics of expertise; 3. The list as multiple object: the UN Office of the Ombudsperson; 4. Complexity in the courts: the spatiotemporal dynamics of the list; 5. Conclusions.

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Book SynopsisWilliam H. Williams operated a slave pen in Washington, DC, known as the Yellow House, and actively trafficked in enslaved men, women, and children for more than twenty years. His slave trading activities took an extraordinary turn in 1840 when he purchased twenty-seven enslaved convicts from the Virginia State Penitentiary in Richmond with the understanding that he could carry them outside of the United States for sale. When Williams conveyed his captives illegally into New Orleans, allegedly while en route to the foreign country of Texas, he prompted a series of courtroom dramas that would last for almost three decades. Based on court records, newspapers, governors'' files, slave manifests, slave narratives, travelers'' accounts, and penitentiary data, Williams'' Gang examines slave criminality, the coastwise domestic slave trade, and southern jurisprudence as it supplies a compelling portrait of the economy, society, and politics of the Old South.Trade Review'In Williams' Gang, Jeff Forret takes a journey through some of the dark and often convoluted paths traveled by domestic slave traders and their human merchandise. Taking time along the way to introduce readers to some of the elaborate financial and legal infrastructures that governed and facilitated the domestic slave trade, Forret tells a once infamous but largely forgotten story about the Washington, DC slave trader William H. Williams and the enslaved Virginia convicts he imported illegally to Louisiana. Built on an impressive mountain of archival research and relayed with vivid prose, it is a story Williams himself surely wished would never have been one to tell at all.' Joshua D. Rothman, University of Alabama'An expert autopsy of crime and punishment in the Old South with striking relevance for today. Leading historian of Southern history Jeff Forret meticulously narrates the ordeals of twenty-seven Black Virginians, whose enslavement was compounded by convictions and whose transport to Louisiana at the hands of a Washington, DC slave trader led to a dozen years each in the Louisiana State Penitentiary. Forret shows the guts of a horrific injustice that supports ongoing structural violence against African Americans.' Calvin Schermerhorn, author of Unrequited Toil: A History of United States Slavery'… meticulously researched and superbly crafted … This is a vivid and absorbing account of the exploitation of human beings whose suffering meant profit for others, all of which is part of our nation's history.' Roger Bishop, BookPage'… demonstrate(s) the riches awaiting us in narrating the hitherto untold and complex stories of slavery and emancipation in the United States.' Manisha Sinha, Times Literary Supplement'Williams' Gang is simply excellent and a must-read for anyone who wishes to know more about the history of the post-Revolutionary War slave trade in America, or the slave trade coming out of Washington, DC.' George W. Reid, The Journal of African American HistoryTable of ContentsIntroduction: the slave depot of Washington, DC; 1. An ambush; 2. The Yellow House; 3. Sale and transportation; 4. Mobile to New Orleans; 5. Legal troubles; 6. The Millington Bank; 7. State v. Williams; 8. Slave trading in 'hard times'; 9. Politics of the slave pen; 10. Brothers; 11. The Louisiana State Penitentiary; 12. Closure; 13. Perseverance; 14. Violet; Epilogue: the legal legacy of the domestic slave trade.

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Book SynopsisSpanning the island of Ireland over three centuries, this first history of Irish divorce places the human experience of marriage breakdown centre stage to explore the impact of a highly restrictive and gendered law, and its reform, on Irish society.Trade Review'Covering the past four hundred years, this is a major contribution to legal, social and gender history. Urquhart's work is highly revealing about the double-standards towards sexual behaviour, Irish exceptionalism, Catholic and Protestant attitudes towards moral questions, and absence of legal uniformity under the Union.' Mary E. Daly, University College Dublin'This is a superb book - ambitious in scope, yet securely anchored in a formidable array of sources: it is characterised both by judiciousness and by an unflagging empathy. Diane Urquhart has rescued a centrally important theme from neglect and over-simplification - and has thereby consolidated her position within the front rank of modern Irish historians.' Alvin Jackson, University of Edinburgh'Based on extensive archival research, including parliamentary and court evidence, memoirs, letters, and diaries, Irish Divorce provides a nuanced understanding of a practice that concerned itself with both property and gendered propriety. Urquhart makes a significant contribution to understanding the complicated relationship between church, state, and Irish society since 1700.' Karen Steele, Texas Christian University'Urquhart's book represents an insightful and compassionate foray into a very new field. The first all-Ireland history of divorce, it demonstrates how marriage breakdown reflected society's need to regulate succession, sexuality, and legitimacy. This exceptional work charts divorce's role in shaping, and reflecting, modern Ireland's attitude to gender and citizenship.' Oonagh Walsh, Glasgow Caledonian University'(A) balanced and masterful treatment of complex issues.' Brian Maye, Irish Times'As lucid as it is thorough, Irish Divorce: A History contributes a comprehensive look at a fraught social issue through exhaustive research and careful contextualisation. It offers a profoundly humane and empathetic analysis of what, for many, proved an elusive necessity that was cordoned off—for centuries—by ideological, nationalistic, imperial, and/or political boundaries and further inflected by class and gender. As a result, this study has much to teach us not only about divorce, but also about the ways the self-fashionings and political maneuverings of a nation-state can subvert the very citizens they are purportedly meant to serve …' Kate Costello-Sullivan, Estudios IrlandesesIrish Divorce: A History contributes a comprehensive look at a fraught social issue through exhaustive research and careful contextualisation.' Kate Costello-Sullivan, Electronic Journal of the Spanish Association for Irish StudiesTable of ContentsIntroduction. The 'anatomy of a divorce'; 1. Divorce in two legislatures: Irish divorce, 1701–1857; 2. The failings of the law: the cases of Talbot and Westmeath; 3. A non-inclusive reform: Ireland and the Divorce and Matrimonial Causes Act of 1857; 4. Divorce in the post-reform era of 1857–1922: 'Like diamonds, gambling, and picture-fancying, a luxury of the rich'?; 5. The widening definition of marital cruelty; 6. Divorce in court, 1857–1922; 7. 'An exotic in very ungenial soil': divorce in the Northern Ireland parliament, 1921–1939; 8. With as 'little provocative as possible': the Northern Ireland move to court; 9. An 'unhappy affair': divorce in independent Ireland, 1922–1950; 10. Marriage law 'in this country is an absolute shambles': the reform agenda; 11. A 'curiosity [and]…an oddity': referenda in 1986 and 1995; 12. The 'last stretch of a long road': the Family (Divorce) Law Act of 1996; Conclusion.

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Book SynopsisWe are at a time when international law and the law of war are particularly important. Ever since the first nuclear bomb was tested and then used, humanity has lived with the threat of total annihilation. This book discusses the effects of nuclear war and shows a way to eliminate the risks.Table of ContentsPart I. International Law and World Order: 1. The Shimoda case: a legal appraisal of the atomic attacks upon Hiroshima and Nagasaki; 2. Nuclear policy and world order: why denuclearization; 3. Toward a legal regime for nuclear weapons; 4. Nuclear weapons, international law and the world court: a historic encounter; 5. The nuclear weapons advisory opinion and the new jurisprudence of global civil society; 6. Inhibiting reliance on biological weaponry: the role and relevance of international law; Part II. Impacts of Democracy, Neutrality and National Interest: 7. Nuclear weapons and the end of democracy; 8. Nuclear weapons and the renewal of democracy; 9. Neutrality, international law and the nuclear arms race; 10. Nuclearism and national interest – the situation of a non-nuclear ally; 11. A radical world order challenge: addressing global climate change and the threat of nuclear weapons; Part III. Nuclear Policy Initiatives: 12. Arms control, foreign policy, and global reform; 13. The illegitimacy of the non-proliferation regime; 14. No first use of nuclear weapons: pros and cons; 15. Environmental warfare and ecocide facts, appraisal, and proposals; Part IV. Remembering the Past, Encountering the Future: 16. The paucity of the millennial moment: the case of nuclearism; 17. The nuclear challenge after seventy years; 18. The spirit of Thoreau in the age of Trident.

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Book SynopsisJudges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges'' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates thaTrade Review'… Stohler provides a compelling argument for recognizing and understanding constitutional interpretation through the lens of deliberative partnerships. It is well-researched and well-written with a rich body of evidence that I strongly recommend for scholars and students in political science and law, particularly those concerned with questions of interbranch relationships, constitutional interpretation, and comparative studies.' Allyson C. Yankle, Law and Politics Book ReviewTable of ContentsPart I. Introduction: 1. The politics of legal interpretation; Part II. United States of America: 2. Equality rights in American education and public spending; 3. Equality rights in American employment; 4. Equality rights in American representation; Part III. India: 5. Equality rights in Indian employment; 6. Equality rights in Indian education; Part IV. South Africa: 7. Equality rights in South Africa; Part V. Conclusion: 8. Conclusion; Bibliography; Index.

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Book SynopsisThe labels ''state fragility'' and ''civil war'' suggest that security within several African countries has broken down. As Tim Glawion observes, however, while people do experience insecurity in some parts of conflict-affected countries, in other areas they live in relative security. Conducting in-depth field-research between 2014 and 2018, The Security Arena in Africa is based on first-hand insights into South Sudan and the Central African Republic during their ongoing civil wars, and Somalia''s breakaway state of Somaliland. Gaining valuable accounts from the people whose security is at stake, this bottom-up perspective on discussions of peace and security tells vivid stories from the field to explore complex security dynamics, making theoretical insights translatable to real-world experiences and revealing how security is created and undermined in these fragile states.Trade Review'Based on impressive fieldwork, this book explores the dynamics of security and order at the sub-state level. It shows how local, national and international actors meddle, compete and complement one another in the security arenas found in small towns in Africa's conflict-affected countries, and what this means for the inhabitants' perceptions of security. It is essential reading for anyone interested in comparative security studies.' Alice Hills, University of Durham'Concepts like state failure, security, and order are ubiquitous yet remain opaque. Tim Glawion lifts the hood to reveal tremendous variation ranging from state repression all the way to creative non-state security provision. By approaching security from the bottom up, he enriches our conceptual toolbox and contributes to our substantive understanding.' Stathis N. Kalyvas, University of Oxford'One important feature of this book is that the discussions presented almost entirely rely on Glawion's direct engagement with everyday people whose security is often compromised. This bottom-up approach lends itself well to the topic at a time when most publications are a result of scholars' privileged macro-level discussions with state officials on security matters. This provides insight into the often neglected 'local cleavages'. The book also displays impressive field observations conducted over four years in nine locations within CAR, Somaliland and South Sudan. This relatively broad country coverage allows Glawion to examine why there is more security in some arenas than in others, despite sharing remarkably similar patterns of ordering. It is also important to note that these countries are not easily accessible in terms of field research. Finally, the book's structure and language allow for easy readership and engagement with the arguments presented throughout.' Philip O. Onguny, Africa: The Journal of the International African Institute'… this is an extremely interesting and well-written book …' Ulf Engel, Connections'The Security Arena in Africa is a refreshingly honest and contemplative work in terms of its voice. Glawion is candid and straightforward in his outlining of the methodological challenges and trade-offs faced in undertaking the fieldwork. Thus, he study represents, in this regard, a valuable contribution to the burgeoning literature on the politics and ethics of research in conflict-affected regions …' Jonathan Fisher, Perspectives on PoliticsTable of ContentsIntroduction; 1. Ordering the security arena; 2. National and local histories of security; 3. Creating centres and peripheries in the national arena; 4. Inner and outer circles of the arena; 5. Stable ordering and predictable security; 6. Fluid ordering and flexible security; 7. Mixing ordering forms; 8. Embedding into and detaching from the arena; Conclusion.

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Book SynopsisIndonesia is the world''s third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia''s economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.Trade Review'This volume is a major forward contribution to and commentary on the pioneering work of Dan S. Lev on the law, courts and Politics of Indonesia – an ideal path for bring comparativists up to date.' Martin Shapiro, University of California, Berkeley'Unprecedented in scope and depth, The Politics of Courts in Indonesia is a milestone in scholarly analysis of the third branch of government in Indonesia. Focusing on the array of specialist courts that have proliferated in the country over the last twenty years, it casts a critical eye on numerous aspects of the functioning – and, often, dysfunction – of the Indonesian judiciary. The contributors make a signal contribution to our understanding of the achievements and shortcomings of judicial reform, and of the place of courts in Indonesian society writ large.' Edward Aspinall, Australian National University'This volume presents a remarkable series of critical analyses of Indonesian constitutionalism, politics, and legal practice over the two decades since the fall of Suharto's New Order – through critical re-engagements with socio-legal approaches to more than a dozen distinct court systems in the country. It is thus both an impressive tribute to the legacy of Dan S. Lev, and an important original contribution to Asian legal studies in its own right.' R. Michael Feener, Oxford Centre for Islamic StudiesTable of Contents1. The judicial reform landscape in Indonesia: innovation, specialisation and the legacy of Dan S. Lev Melissa Crouch; Part I. Continuity and Change in the General Court System: 2. The Supreme Court: Reformasi, independence and the failure to ensure legal certainty Rifqi Assegaf; 3. The District Courts: sentencing decisions as evolving legal culture? Daniel Pascoe; 4. The 'justice system postman': the Indonesian prosecution system at work Fachrizal Afandi; Part II. Specialised Courts Established under the New Order: 5. The Religious Courts: does Lev's analysis still hold? Stijn Cornelius van Huis; 6. The Administrative Courts: the quest for consistency Adriaan Bedner and Herlambang Perdana Wiratraman; Part III. Specialised Courts as Judicial Reform Strategy: 7. The Anti-corruption Courts and the persistence of judicial culture Simon Butt; 8. The Commercial Court: a story of unfinished reforms Gustaaf Reerink, Kevin Omar Sidharta, Aria Suyudi and Sofie Hewitt; 9. The Small Claims Court: an innovation in judicial reform Binziad Kadafi; 10. The Fisheries Court: government-led judicial development? Indriaswati Dyah Saptraningrun; 11. The Constitutional Court: a Levian take on its place in the Reformasi Theunis Roux; Part IV. Courts and Rights: 12. The Juvenile Courts and children's rights: good intentions, flawed execution Putri K. Amanda, Shaila Tieken, Sharyn Graham Davies and Santi Kusumaningrum; 13. The Human Rights Courts: embedding impunity Ken Setiawan; 14. The Industrial Relations Court: challenges for labour rights Surya Tjandra; 15. The media: megaspectacles and transparency in the courts Ross Tapsell and Sita Dewi; 16. Lev on the links between legal evolution, political change and activism Frank Munger; Epilogue Fritz Siregar.

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Book SynopsisGlobal action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into ''durable efforts'', while international organizations perform as ''platforms'' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of ''international legality'' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance.Trade Review'It has by now become clear that the world's two major powers - a declining hegemon as well as an emerging one - are poised to shun multilateral international organizations and instead are experimenting with various types of 'coalitions of the willing'. Rodiles offers a comprehensive theoretical and historical analysis of this strategy and demonstrates its benefits for those powers who lead them, such as the US and China, as well as its costs for all the rest and for the ideals of inclusive multilateralism and the rule of law. His sensitive and convincing account is crucial for understanding the contemporary trajectories of international law and politics.' Eyal Benvenisti, University of CambridgeTable of Contents1. Introduction; 2. The conceptual metaphor 'coalition of the willing'; 3. Testing the frame: the genealogy of a catchphrase; 4. Global security governance by posse: the Proliferation Security Initiative & Co.; 5. Coalitions of the willing in context: the interplay between formality and informality; 6. Coalitions of the willing and the role of law in the de-formalized global complex; 7. Conclusion.

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Book SynopsisProvides unique insight into debates in the field of human rights around how to address violent and traumatic pasts, reconcile divided nations, and strengthen state institutions in the aftermath of conflict; making it of interest to policy-makers, practitioners, and scholars of transitional justice, International Relations, and art theory.Trade Review‘In this pioneering interdisciplinary book, Eliza Garnsey offers a compelling account of the complex and productive relationship between visual art and transitional justice. Based on extensive ethnographic fieldwork in the South African Constitutional Court and at the Venice Biennale, she shows both how the South African state has attempted to mobilise art as an instrument of cultural diplomacy and how art often escapes efforts to harness it, instead opening up new dimensions of experience and novel sources of political and ethical insight.’ Duncan Bell, University of Cambridge‘Firmly rooted in interdisciplinary ground, The Justice of Visual Art offers an exciting and refreshing contribution to ongoing conversations about the role of art in difficult processes of dealing with the past. Garnsey's concept of 'visual jurisprudence' opens a new vista on the complex relationship between legal institutions and the cultural background against which they function. This is a must-read for all students of transitional justice and the politics of memory.’ Mihaela Mihai, University of Edinburgh‘Writing in the wake of debates on visual and aesthetic politics, Garnsey offers a meticulously researched and highly compelling account of how art shapes cultural diplomacy and transitional justice in South Africa.’ Roland Bleiker, University of Queensland‘After the guns have been put aside, the arduous and prolonged business of reconciliation and social reconstruction in post-conflict societies can’t be left entirely to the courts. Garnsey develops a novel understanding of visual jurisprudence as she argues persuasively that the arts have an essential part to play, using two finely crafted case studies.’ Charles Jones, University of Cambridge‘This innovative study contributes to our understanding of the role of art in post-TRC South Africa. By considering deeply state-supported art as more than symbolic reparations and, rather, as visual jurisprudence and as creative state-building, Garnsey makes a strong case for art as foundational to the reconception of the justice system within the country and to the exhibition of contested narratives of the 'new' South Africa to the outside world.’ Cynthia E. Milton, Université de Montréal‘This book makes an important and timely intervention into a burgeoning debate about the relationship of art to transitional justice. Garnsey, rather than focusing on the instrumental potential of art to foster goals of transitional justice, draws our attention to the potential of art to help us make better sense of its core ideas and messy reality. Art allows for expression and contestation, experimentation and creativity; it is 'a radical form of political participation in times of transition'.’ Rachel Kerr, King’s College London'A beautifully curated book concerned with the need to better understand the relationship between art and justice in times of transition.' BISA L.H.M. Ling Outstanding First Book Prize committee, awarding an Honourable Mention.Table of Contents1. Introduction; 2. Art and justice in times of transition; Part I. Recognising Transitional Justice in the Nation State: 3. From prison to court; 4. Shaping 'legal' space; 5. The art of recognition; 6. The visual jurisprudence of transition; Part II. Representing Transitional Justice on the Global Stage: 7. From banned to embraced; 8. Mapping political art-scapes; 9. The art of representation; 10. The cultural diplomacy of Imaginary Fact; 11. Conclusion.

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Book SynopsisThis is the first book to provide a comparative and critical analysis of why and how six corporate mechanisms - (1) sustainability reporting; (2) board gender diversity; (3) constituency directors; (4) stewardship codes; (5) directors'' duty to act in the company''s best interests; and (6) liability on companies, shareholders and directors - have been or can be used to promote sustainability in the four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia). A central challenge is, whether and if so, how the corporate mechanisms should be reconceptualised to promote sustainability in an environment that is characterised by controlling shareholders, particularly the government in state-owned enterprises. Because controlling shareholders are the norm for the majority of the world''s companies, and state-owned enterprises play a significant role, this book has important insights on the problems and prospects of advancing sustainability in concentrated and mixed ownership jurisdictions.Trade Review'Sustainability and Corporate Mechanisms in Asia is an important, erudite and accomplished work. It should be read by the very directors, C-suite executives, policy makers and leaders responsible for corporate social responsibility in the very companies which are the focus of his book. I recommend it without hesitation to anybody who has an interest or stake in corporations and sustainability in Asia. Because, as Lim has eloquently and persuasively argued throughout his book, there is not only a clear and positive correlation between sustainability and a company's financial performance, but because corporate sustainability 'is a morally good thing to do'.' Edmund Lee, Modern Law Review'Ernest Lim has written a uniquely important and informative book on sustainability in Asia. It sets out the case for sustainability and the way in which it can be effectively implemented with exceptional clarity and insight. It will be an invaluable guide for those interested in the principles, practices and policies that should guide the adoption of sustainability in Asia.' Colin Mayer, CBE, FBA, Peter Moores Professor of Management Studies, Saïd Business School, University of Oxford, and Academic Lead, British Academy Future of the Corporation Programme'In this important contribution, Professor Ernest Lim shifts the academic debate about corporate sustainability from a focus on corporate actors and their behavior to a focus on corporate governance and legal mechanisms. The book identifies six such mechanisms - sustainability reporting, board gender diversity, constituency directors, stewardship codes, director duties, and liability - and provides a comprehensive, clear, and cogent analysis of their use in Hong Kong, India, Malaysia, and Singapore. Professor Lim also draws broader lessons about these mechanisms for corporate governance, including the role of state-owned enterprises and controlling shareholders.' Frank Partnoy, Adrian A. Kragen Professor of Law, University of California, Berkeley School of Law'The obligations of businesses to play a leading role in addressing our global climate crisis are increasingly pressing. Yet the scope and contours of those obligations remain ill-defined. Professor Lim's careful and thorough work brings precious clarity. His work will be helpful and enlightening to scholars, business leaders, governments, and NGOs across Asia - and beyond.' Kent Greenfield, Dean's Distinguished Scholar, Boston College Law School'Professor Lim's highly original work adds important nuances to the ongoing debates through its convincing demonstration that the common law family is a far more heterogeneous group in respect of corporate sustainability than assumed by advocates of the 'legal origins matter' thesis … His rich and nuanced account of how these mechanisms have intertwined and interacted with broader institutional conditionalities in the four jurisdictions in addressing the sustainability question is solidly grounded in the comparative literature while revealing a distinctive Asian perspective. Importantly, the case studies offer fresh comparative insights with implications that go beyond the four surveyed jurisdictions.' Xi Chao, Journal of Comparative LawTable of Contents1. Introduction and overview; 2. Sustainability reporting; 3. Board gender diversity; 4. Constituency directors; 5. Stewardship codes; 6. Directors' duty to act in the best interests of the company; 7. Liability of companies, shareholders and directors; 8. Conclusion.

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Book SynopsisThe Right to Life under International Law offers the first-ever comprehensive treatment under international law of the foundational human right to life. It describes the history, content, and status of the right, considers jurisdictional issues, and discusses the application of the right to a wide range of groups, such as women, children, persons with disabilities, members of minorities, LGBTI persons, refugees, and journalists. It defines the responsibility of not only governments but also the private sector, armed groups, and non-governmental organisations to respect the prohibition on arbitrary deprivation of life. It also explains the nature and substance of the duty to investigate potentially unlawful death as well as the mechanisms at global and regional level to promote respect for the right to life.Table of ContentsAn historical introduction to the right to life; Part I. Overview of the Right to Life under International Law: 1. The status of the right; 2. The content of the right; 3. Jurisdiction and the right to life; 4. The relationship between the right to life and other human rights; Part II. Major Themes: 5. Deaths as a result of armed conflict; 6. Jus ad bellum, aggression, and the right to life; 7. Use of force in law enforcement; 8. Counterterrorism; 9. The death penalty; 10. Deaths in custody; 11. Abortion; 12. Euthanasia and suicide; 13. Poverty and starvation; 14. Assemblies, demonstrations, and protests; 15. Arms control and disarmament; 16. Enforced disappearance; 17. Accidents, disease, and natural disasters; 18. Pollution and climate change; 19. Autonomous use of force; 20. Slavery; Part III. The Protection of At-Risk Groups and Individuals: 21. The right to life of women; 22. The right to life of children; 23. Racially motivated killings; 24. LGBTI persons; 25. Persons with disabilities; 26. Older persons; 27. Journalists; 28. Human rights defenders; 29. International migrants; 30. Internally displaced persons; 31. Refugees; Part IV. Accountability: 32. The right to life and state responsibility; 33. The right to life and responsibility of international organisations; 34. Corporate responsibility and the right to life; 35. The right to life and the responsibility of non-state armed groups; 36. the right to life and non-governmental organisations; 37. The right to life and the responsibility of individuals; Part V. Human rights machinery protecting the right to life; 38. The UN human rights machinery and the right to life; 39. Regional human rights machinery and the right to life; Part VI. Outlook: 40. customary rules pertaining to the right to life; 41. The future of the right to life.

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Book SynopsisWhen refugees flee war and persecution, protection and assistance are usually provided by United Nations organisations and their NGO implementing partners. In camps and cities, the dominant humanitarian model remains premised upon a provider-beneficiary relationship. In parallel to this model, however, is a largely neglected story: refugees themselves frequently mobilise to create organisations or networks as alternative providers of social protection. Based on fieldwork in refugee camps and cities in Uganda and Kenya, this book examines how refugee-led organisations emerge, the forms they take, and their interactions with international institutions. Developing an original theoretical framework based on the concept of ''the global governed'', the book shows how power and hierarchy mediate the seemingly benign notion of protection. Drawing upon ideas from anthropology and international relations, it offers an alternative vision for more participatory global governance, of relevance to oTrade Review'The Global Governed? is a detailed examination of the (underappreciated) role of refugee-led organisations at the local level. Theoretically grounded and empirically rich, the book portrays a wide range of social protection activities undertaken by refugees for refugees. Adopting a bottom-up approach, it shows both the possibility of, and barriers to, participation of refugees in global governance.' T. Alexander Aleinikoff, Professor at the New School, New York, Director of the Zolberg Institute on Migration and Mobility'The Global Governed? draws on the best tradition of Oxford University's Refugee Studies Centre and its founder, Barbara Harrell-Bond, by starting from the premise that refugees, no matter how destitute and vulnerable, are always actively trying to help themselves. They do not sit back and wait for assistance or for someone else to protect them, but work together to get what they need. By focusing on refugee community organisations, the authors shine a light into the relationships of power that often work against such self-help. They recognise the complexity of different forms of refugee community organising. This book provides a welcome contribution to understanding the political economy of refugee contexts, but is also relevant to policymakers and aid providers seeking to support refugee populations and to localise approaches to humanitarian and development assistance.' Laura Hammond, Professor in the Department of Development Studies, SOAS University of London'Pincock, Betts, and Easton-Calabria (all, Univ. of Oxford, UK) have combined their expertise and fieldwork to produce this excellent comparison of four major refugee sites in East Africa-Kampala and Nakivale in Uganda, and Nairobi and Kakuma in Kenya … Because of the tight four-site comparison, this would be an excellent text for discussion in upper-level undergraduate and graduate courses on refugees, or on humanitarian action in general.' D. W. Haines, ChoiceTable of Contents1. Introduction; 2. Theoretical framework; 3. Kampala; 4. Nakivale; 5. Nairobi; 6. Kakuma; Conclusion.

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