Public international law Books

Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 168 reports on, amongst others, the 2012 judgment of International Court of Justice in Jurisdictional Immunities of the State (Germany v. Italy) and related decisions from Belgium, Brazil, Italy, Poland and Slovenia, the 2014 judgment of European Court of Human Rights in Jones v. United Kingdom and Judgment No. 238/2014 of the Italian Constitutional Court.Table of Contents1. Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) [INTERNATIONAL COURT OF JUSTICE]; 2. Jones and Others v. United Kingdom (Application Nos 34356/06 and 40528/06) [EUROPEAN COURT OF HUMAN RIGHTS (Fourth Section)]; 3. Li and Others v. Zhou and Attorney General of the Commonwealth ([2013] NSWSC 12) (New South Wales Supreme Court) ([2014] NSWCA 176) (NSW Court of Appeal) [AUSTRALIA]; 4. Botelberghe v. German State Court of First Instance of Ghent [BELGIUM]; 5. Barreto v. Federal Republic of Germany, Federal Court, Rio de Janeiro [BRAZIL]; 6. Federal Republic of Germany and Another v. Mantelli and Others (Order No 14201) Supreme Court of Cassation [ITALY]; 7. Public Prosecutor v. Lozano (31171/2008) Court of Cassation (First Criminal Department) [ITALY]; 8. Milde v. Public Prosecutor (Judgment No 1263/08) Court of Cassation (First Criminal Section) [ITALY]; 9. Frascà v. Federal Republic of Germany (29352/2010; Serial No. 4284) Court of Cassation (Combined Civil Division) [ITALY]; 10. Judgment No 238/2014 (Constitutional Court) [ITALY]; 11. Natoniewski v. Federal Republic of Germany Supreme Court of Poland [POLAND]; 12. Case No Up-13/99 (Constitutional Court) (On the constitutional complaint of A. A. of Ž.) [SLOVENIA]; 13. Minister of Justice and Constitutional Development and Others v. Southern Africa Litigation Centre and Others (Case no 867/15) [2016] ZASCA 17 (The Supreme Court of Appeal of South Africa) [SOUTH AFRICA]; 14. HRH Prince Abdul Aziz bin Fahd bin Abdul Aziz v. Harb ([2015] EWCA Civ 481) (Court of Appeal, Civil Division) [UNITED KINGDOM, ENGLAND].

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 169 reports on, amongst others, the 2015 Arbitration Award on Jurisdiction and Admissibility in Philip Morris Asia Limited v. Commonwealth of Australia, the 2012 judgment of International Court of Justice in Territorial and Maritime Dispute (Nicaragua v. Colombia) and the 2014 and 2015 Canadian judgments of Supreme Court and Court of Appeal of British Columbia in United Mexican States v. British Columbia (Labour Relations Board) regarding State immunity.Table of Contents1. Territorial and Maritime Dispute (Nicaragua v. Colombia) [INTERNATIONAL COURT OF JUSTICE]; 2. Philip Morris Asia Limited v. Commonwealth of Australia [ARBITRATION TRIBUNAL, UNCITRAL]; 3. Castle v. United States Department of Justice (Attorney-General) (Ontario Court of Appeal) [CANADA]; 4. Amaratunga v. Northwest Atlantic Fisheries Organization (2013 SCC 66) (Supreme Court) [CANADA]; 5. United Mexican States v. British Columbia (Labour Relations Board) (2014 BCSC 54) (British Columbia, Supreme Court) (2015 BCCA 32) (British Columbia Court of Appeal) [CANADA]; 6. United States of America v. State of Alaska (Supreme Court) [UNITED STATES OF AMERICA].

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 170 is devoted to South China Sea Arbitration (Republic of the Philippines versus People's Republic of China) and includes the Award on Jurisdiction and Admissibility of 29 October 2015 together with the Final Award of 12 July 2016.Table of Contents1. South China Sea Arbitration (Republic of the Philippines v. People's Republic of China).

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 174 is devoted to the 2013 order and 2014 judgment of the International Court of Justice in Whaling in the Antarctic (Australia vs. Japan), the 2017 Grand Chamber judgment of European Court of Human Rights in Hutchinson vs. United Kingdom and the 2016 Austrian Supreme Court decision in Swiss National Bank Immunity case.Table of Contents1. Whaling in the Antarctic (Australia v. Japan: New Zealand intervening); 2. Murray v. Netherlands; 3. Hutchinson v. United Kingdom; 4. Ilyasov v. Kazakhstan; 5. Leghaei and Others v. Australia; 6. Swiss National Bank Immunity Case; 7. Conflict of International Treaty Obligations Case; 8. Popper's Villa Case; 9. Non-Profit Associations Act Case; 10. Al Attiya vs. Al Thani; 11. R (Bashir and Others) v. Secretary of State for the Home Department.

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 173 reports on, amongst others, the landmark Norbert Zongo Case; African Court on Human and Peoples' Rights awarding reparations to victims for the first time, the Judgments of the Court of Justice of the European Union in the Polisario Case and the Appeal judgment of Federal Court of Australia in Ure v. Commonwealth.Table of ContentsQuestions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia); The Duzgit Integrity Arbitration (The Republic of Malta v. The Democratic Republic of São Tomé and Príncipe); Beneficiaries of Late Zongo and Others v. Burkina Faso; Abubakari v. United Republic of Tanzania; Council of the European Union v. Front Polisario; Katabazi and Others v. Secretary General of the East African Community and Attorney General of the Republic of Uganda; Mohochi v. Attorney General of the Republic of Uganda; Griffiths v. Australia; Husseini v. Denmark; Ure v. Commonwealth of Australia and Another; R (Yam) v. Central Criminal Court; In re Terrorist Attacks on September 11, 2001; Harrison v. Republic of Sudan.

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 172 is devoted to the 2014 judgment of International Court of Justice in Maritime Dispute (Peru v. Chile), the judgment of South African Constitutional Court in National Commissioner of the South African Police Service v. Southern Africa Human Rights Litigation Centre and the 2016 judgment of the English High Court in R (Freedom and Justice Party) v. Secretary of State for Foreign and Commonwealth Affairs.Table of Contents1. Maritime Dispute (Peru v. Chile); 2. Tanganyika Law Society and the Legal and Human Rights Centre v. United Republic of Tanzania and Mtikila v. United Republic of Tanzania; 3. Air Transport Association of America and Others v. Secretary of State for Energy and Climate Change; 4. 'Mapiripán Massacre' v. Colombia; 5. SID and Others v. Bulgaria; 6. National Commissioner of the South African Police Service v Southern Africa Human Rights Litigation Centre and Another; 7. R (Freedom and Justice Party) v. Secretary of State for Foreign and Commonwealth Affairs.

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Book SynopsisThe Politics of Justice in European Private Law intends to highlight the differences between the Member States'' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe''s justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.Trade Review'Maybe above all, the book highlights with great accuracy the open character and experimental nature of this 'laboratory' that constitutes the European legal order and the great singularity of its normative production.' Etienne Farnoux, Revue Critique de Droit International PrivéTable of ContentsPart I. The Awaking of the Social and its Transformation in England, France and Germany; Part II. Justice beyond the Nation State – the European Experiment; Part III. Considerations on the Post Classical Private Law; Part IV. Conclusions and Outlook.

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

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 179 is devoted to the 2016 Partial Award in the Arbitration between Republic of Croatia and the Republic of Slovenia, the 2017 Final Award in the Arbitration between the Republic of Croatia and the Republic of Slovenia and 2017 Opinion 2/15 of the Court of Justice of the European Union concerning the Free Trade Agreement between the European Union and Singapore.Table of Contents1. Arbitration between the Republic of Croatia and the Republic of Slovenia; 2. Opinion 2/15 (EU-Singapore Free Trade Agreement).

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

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

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Book SynopsisThe history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of ''trials'' and ''errors'' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of ''successful'' experiments to clarify our understanding of the past and present of international adjudication.Trade Review'Experiments in International Adjudication is a treasure. Recovering successful and failed efforts at international adjudication in the nineteenth and twentieth century, spanning Africa, Europe, Latin America, and the Middle East, a stellar group of scholars considers why history does and does not remember or build on early efforts at international adjudication. Beyond explicating little known international adjudication experiments, we learn of the forces working for and against generalizing these experiments so as to lay the groundwork for constructing an international judiciary capable of resolving trans-border disputes and generating state responsibility and accountability to international law.' Karen J. Alter, Northwestern University and iCourts'Experiments in International Adjudication is an overdue and necessary complement to the burgeoning research on international courts and tribunals. The authors, outstanding experts, have shed light on so far unknown institutions, facets of seemingly familiar ones, and show how many of the 'experiments' failed, while others led to unforeseen results. This book fills a gap and will stimulate further investigations on the histories and functions, problems and potentials of eminently important institutions in international law and relations.' Anne Peters, Director of the Max Planck Institute for Comparative Public Law and Public International Law and Ruprecht-Karls-Universität Heidelberg, Freie Universität Berlin and William C. Cook Global Law Professor at the University of Michigan'This collection of fascinating essays on instances and experiments in international adjudication from the last two centuries significantly thickens the narrative of the historical emergence of present-day international courts and tribunals. By delving into the rich histories of failed or unfinished experiments with arbitral and judicial dispute settlement between states, the book shows that the recent proliferation and diversification of international adjudication has deep historical roots and that the disruptive effects these variations are often perceived to have on international law as a system, may actually be crucial to its endurance.' Randall Lesaffer, Tilburg University and Katholieke Universiteit Leuven'Experiments in International Adjudication is a very welcome addition to the already large literature on international courts and tribunals. But different from most other books, this volume reveals the story of little-known experiments of international adjudication. Thereby, it enriches our understanding in a multitude of ways and makes us rethink what really works in terms of international adjudication. Written by a set of understanding scholars, this book is a little treasure trove that should be read by anyone with an interest in the history of international law.' Mikael Rask Madsen, Director of iCourts, Centre of Excellence for International Courts, University of Copenhagen'This comprehensive volume follows a chronological approach and reveals the well-co-ordinated research carried out by this interdisciplinary group of eminent scholars. It critically recalls some underresearched 'strands of the historical record that can be seen as genuine 'trials' and 'errors' in the long process of experimentation relating to international adjudication', considering their intellectual, socio-political, and international legal context, connecting past and present experiments, and offering 'fresh perspectives on this usually 'neglected', but significant discipline' … This book makes a decisive contribution to the research and understanding of the history of international adjudication.' Eduardo Jimenez Pineda, The British Yearbook of International Law'Most readers will be enriched … will have learned about a new institution, an unknown conflict or case, or about missed opportunities in dispute settlement. … they taught me a lot (e.g. about Commonwealth and Maghreb tribunals) and often made me think.' Christian J. Tams, Journal of the History of International LawTable of ContentsPart I. International Adjudication – An Ever-Present History: 1. Experiments in international adjudication – past and present Jorge E. Viñuales; 2. The turn to the history of international adjudication Ignacio de la Rasilla; Part II. Experiments in Dispute-Specific Adjudication: 3. Imperial consolidation through arbitration: territorial and boundary disputes In Africa (1870–1914) Inge Van Hulle; 4. How to prevent a war and alienate lawyers – the peculiar case of the 1905 North Sea Incident Commission Jan Lemnitzer; 5. The Arbitral tribunal for Upper Silesia: an early success in international adjudication Gerard Conway; Part III. Context-Specific Redress Mechanisms: 6. Mixed claim commissions and the once centrality of the protection of aliens Frédéric Mégret; 7. The general claims commission (Mexico and the United States) and the invention of international responsibility Jean d'Aspremont; 8. Mirage in the desert: regional judicialization in the Arab world Cesare P. R. Romano; Part IV. The Quest for a Permanent Court: 9. Saving face: the political work of the permanent court of arbitration (1902–1914) Andrei Mamolea; 10. First to rise and first to fall: the Court of Cartago (1907–1918) Freya Baetens; 11. The failure of the 1930 tribunal of the British Commonwealth of Nations: a conflict between international and constitutional law Donal Coffey; Part V. Experiments in specialised courts: 12. The intellectual foundations of the European Court of Human Rights Angelo Junior Golia and Ludovic Hennebel; 13. From international law to a constitutionalist dream? The history of European law and the European Court of Justice, 1950–1993 Morten Rasmussen.

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

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

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Book SynopsisThe 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 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 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 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 SynopsisDo states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee''s journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway''s incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book''s analysis to responding to the hard facts of refugee life on the ground.Trade ReviewPraise for the First Edition: '… painstakingly researched, cogently argued, and beautifully written … An instant classic on the topic of refugee rights.' Penelope Mathew, American Journal of International LawPraise for the First Edition: '… the authoritative comprehensive commentary of the Convention. As usual, the strength of Hathaway's approach lies in the precision of his legal analysis.' Catherine Phuong, Human Rights Law ReviewPraise for the First Edition: 'If there is one book in the area of international refugee law of which it can be properly said that it is indispensable for everybody, working either in practice or academically with international refugee law, it is this new book by Hathaway … It will remain for a long time the fundamental opus of international refugee law.' Kay Hailbronner, International Journal of Refugee Law'… impressive and well-researched … For those interested in the rights of refugees under international law, it would be surprising if there were any authors who had given this topic more detailed consideration than Professor Hathaway.' Paul Keeley, Law Society GazetteTable of ContentsIntroduction; 1. The evolution of the refugee rights regime; 2. An interactive approach to interpreting refugee rights; 3. The structure of entitlement under the refugee convention; 4. Rights of refugees physically present; 5. Rights of refugees lawfully or habitually present; 6. Rights of refugees lawfully staying; 7. Rights of solution; Appendices; Select bibliography; Index.

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Book SynopsisProportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an inteTrade Review'It lifts the discussion on proportionality out of the theoretical plane and places in squarely in the realm of the empirical. Their contribution is in other words exceptionally important, in steering the normative debate from a spiral of theoretical debates lifting ever further from the ground, to one shaped by the reality of practice. It is in short a considerable feat of comparative empirical constitutional scholarship.' Liora Lazarus, Associate Professor in Law, University of Oxford'Originally developed by the German Constitutional Court, proportionality as a tool to examine limitations or infringements of fundamental rights is today discussed worldwide and practiced in more and more countries, albeit in different ways. The comparison of six leading jurisdictions makes this book a foremost source of information on the proportionality principle and a valuable guide for its practical use.' Dieter Grimm, Professor of Law, Humboldt University Berlin and Former Justice of the German Constitutional CourtTable of ContentsIntroduction. Analyzing proportionality comparatively and empirically Talya Steiner, Andrej Lang and Mordechai Kremnitzer; 1. Proportionality analysis by the German Federal Constitutional Court Andrej Lang; 2. Proportionality analysis by the Canadian Supreme Court Lorian Hardcastle; 3. Proportionality analysis by the South African Constitutional Court Richard Stacey; 4. Proportionality analysis by the Israeli Supreme Court Talya Steiner; 5. Proportionality analysis by the Polish Constitutional Tribunal Anna Śledzińska-Simon; 6. Proportionality analysis by the Indian Supreme Court Aparna Chandra; 7. Comparative and empirical insights into judicial practice: towards an integrative model of proportionality Talya Steiner, Andrej Lang and Mordechai Kremnitzer; Index.

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Book SynopsisThis book offers an in-depth account of the failure of popular constitution making in Turkey from 2011 to 2013, which was an anomaly in the otherwise authoritarian history of Turkish constitutional politics. The authors demonstrate that, even in unfavorable conditions, constitution making that brings together different stakeholders can potentially lead to significant improvement of constitutional regimes. Long-standing societal divides regarding cultural and religious diversity, which were evident in political parties'' negotiations, played a significant role in the failure of the process in Turkey. Most notably, the ruling AKP''s insistence on establishing a presidential system - supported by neither other political parties nor the public - destabilized the process and exacerbated distrust among the drafters. Unfavorable procedures, particularly an unrealistic deadline and the unanimity principle, prevented consensus and allowed the AKP to hijack the process. The process was a missed Table of ContentsPart I. Introduction: Introduction Felix Petersen and Zeynep Yanasmayan; 1. Explaining the failure of popular constitution making in Turkey (2011–13) Felix Petersen and Zeynep Yanaşmayan; Part II. Contextualizing Constitution Making in Turkey: 2. The people and its embodiment: authoritarian foundations of constitutions in Turkey Ertuğ Tombuş; 3. Regime cycles, constitution making, and the political system question in Ottoman and Turkish constitutional developments Şule Özsoy Boyunsuz; 4. Illiberal media and popular constitution making in Turkey Burcu Baykurt; Part III. Debating and Drafting the Constitution in 2011–13; 5. Debating state organization principles in the constitutional Conciliation Commission Gözde Böcü and Felix Petersen; 6. Glass half full: drafting fundamental rights in the Turkish constitution-making process (2011–13) Oya Yegen and Zeynep Yanaşmayan; 7. Countermajoritarian institutions in Turkish constitution making Maria Abad Andrade; 8. Debating the amendment-making rule: the rigidity vs. flexibility debate in the Turkish constitution-making process Oya Yegen.

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Book SynopsisThis book aims to reach scholars and undergraduate students interested in the theme of global justice and the dynamics of international law-making and enforcement. Practicing lawyers and public officials will also appreciate its grounded studies on the challenges of applying international law in response to complex social and political problems.Trade Review'… very well researched, tightly argued, and refreshingly coherent … This volume is clearly intended for scholars and more advanced students of international law and relations and will be of most use to those who are well versed in critical legal studies …' Eric A. Heinze, H-Diplo'The chapters showcase a diverse range of topics and methodologies. Through a series of case studies, the book aims to provide a number of strategies for these actors to realise the goal of preventing impunity for breaches of international law. In doing so, the book illustrates that it is possible for civil society and international lawyers to effect positive change in State-centric international legal institutions … The question of whether human rights change within a State is 'top-down' from international institutions or 'bottom up' from a mobilized society is one that international lawyers often contemplate. This book shows that under certain circumstances, it is possible for civil society to re-describe the issue to achieve some form of international justice, and that in order to do so, international law must couple with other areas, including international politics. Ultimately, this edited collection reminds international lawyers and civil society that instead of calling for reform of international institutions, there are other more effective means of achieving global justice.' Amina Adanan, Journal of Conflict & Security Law (2022)Table of Contents1. Mobilising international law as an instrument of global justice Jeff Handmaker and Karin Arts; 2. Speaking the language of international law and politics: or, of ducks, rabbits, and then some Martti Koskenniemi; 3. The globalisation of justice: amplifying and silencing voices at the ICC Sarah Nouwen and Warner ten Kate; 4. Justice through direct action: the case of the Gaza 'Freedom Flotilla' Claudia Saba; 5. The Hague Conventions: giving effect to human rights through instruments of private international law Maja Groff; 6. Current developments in the fight against corruption Abiola Makinwa; 7. A fatal attraction? The UN Security Council and the relationship between R2P and the International Criminal Court Mark Kersten; 8. A return to stability? Hegemonic and counter-hegemonic positions in the debate on universal jurisdiction in absentia Aisling O'Sullivan; 9. The domestic politics of international children's rights: a Dutch perspective Jasper Krommendijk; 10. Human rights cities: the politics of bringing human rights home to the local level Barbara Oomen; 11. Taking seriously the politics of international law Jeff Handmaker and Karin Arts.

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Book SynopsisPolicing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.Table of ContentsIntroduction; 1. A history of law enforcement; 2. Policing and social and economic policy; 3. Core principles governing use of force for law enforcement; 4. Use of firearms; 5. Use of 'less-lethal' weapons; 6. Facilitating peaceful protest and ensuring crowd safety during assemblies; 7. Use of force in custodial settings; 8. Use of force in counterterrorism; 9. Private security and use of force; 10. Counterpiracy at sea; 11. Accountability; Index.

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Book SynopsisVolume 194 is devoted to APDF and IHRDA v. Republic of Mali, African Journalists and Others v. Republic of Gambia, WAVES and Another v. Sierra Leone, Markin v. Russia, Bayev and Others v. Russia, State Obligations in Gender Identity and Rights of Same-Sex Couples, ON and DP v. Russian Federation, Code of Russian Federation, NIHRC Commission.Table of Contents1. Association pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and The Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali; 2. Federation of African Journalists and Others v. Republic of Gambia; 3. Women Against Violence and Exploitation in Society (WAVES) and Another v. Sierra Leone; 4. Markin v. Russia; 5. Bayev and Others v. Russia; 6. Carvalho Pinto de Sousa Morais v. Portugal; 7. State Obligations in Relation to Gender Identity and Rights of Same-Sex Couples; 8. ON and DP v. Russian Federation; 9. Re Review of Constitutionality of Article 11 and Article 392(4) Items 3 and 4 of the Civil Procedure Code of the Russian Federation; 10. Re Review of Constitutionality of Section 1 of Article 6.21 of the Administrative Offences Code of the Russian Federation; 11. Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland)Reference by Court of Appeal in Northern Ireland pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland).

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Book SynopsisThe implications of European integration for national democracy and constitutionalism are well known. Nevertheless, as the events of the last decade made clear, the EU''s complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. In Power and Legitimacy: Reconciling Europe and the Nation-State, Peter L. Lindseth traces the roots of this paradox to integration''s dependence on the postwar constitutional settlement of administrative governance on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state and then translated into the European context. These national oversight mechanisms (executive, legislative, and judicial) have over the last half-century developed to address the central disconnect in the integration process: between the need for supranational regulatory power, on the one hand, and the persistence of national constitutional legitimacy, on the other. In defining the ways European public law has sought to reconcile these two conflicting demands, Professor Lindseth lays the foundation for a better understanding of the administrative, not constitutional nature of European governance going forward.Trade Review...this book is a major contribution to the history of European integration...a major accomplishment of historical literature, well written, original and though provoking. This is simply mandatory reading for any scholar of European integration history. * Morten Rasmussen, University of Copenhagen *Table of ContentsPreface Citation Forms Abbreviations Introduction: Reconciling Europe and the Nation-State Representative Government, Democratic Legitimacy, and "Europe" Administrative Governance and the Distinction between Control and Legitimation of Regulatory Power National Legitimation and the Administrative Character of European Governance 1 Situating the Argument: Legal History, Institutional Change, and Integration Theory 1.1 Administrative Governance as an Alternative Analytical Framework 1.2 Delegation as a Normative-Legal Principle 1.3 The Importance of National Antecedents 2 The Interwar Crisis and the Postwar Constitutional Settlement of Administrative Governance 2.1 The Crisis of Parliamentary Democracy and Lessons Learned 2.2 Elements of the Postwar Constitutional Settlement Delegation and the Legislative Function Redefined Technocracy and the Leadership of the National Executive Courts as Commitment Mechanisms: Collective Democracy and Individual Rights 2.3 Mediated Legitimacy and the Conditions for Constitutional Stability in the Two Postwar Eras 3 Supranational Delegation and National Executive Leadership since the 1950s 3.1 A "New Deal" for Europe?: Technocratic Autonomy, the Treaty of Paris, and a National Executive Role 3.2 Toward National Executive Control?: Negotiating the Treaty of Rome 3.3 From Control to Oversight: the Luxembourg Compromise, the European Council, and Beyond 4 Supranational Delegation and National Judicial Review since the 1960s 4.1 The European Court of Justice and Judicially Sanctioned "Spill-over" 4.2 Defining National Judicial Deference to Supranational Delegation, 1960s-1980s 4.3 Defining the Limits of Strong Deference: Kompetenz-Kompetenz in the Constitutional Politics and Jurisprudence of the Last Two Decades 5 Supranational Delegation and National Parliamentary Scrutiny since the 1970s 5.1 The Pivotal Change: Subsidiarity and the Expansion of Supranational Regulatory Power after 1986 5.2 The Institutionalization of National Parliamentary Scrutiny under National Law since the 1970s 5.3 Toward a "Polycentric" Constitutional Settlement: National Parliaments and Subsidiarity under Supranational Law in the 2000s Conclusion: The Challenge of Legitimizing "Europeanized" Administrative Governance Beyond Delegation?: Density, Democracy, and Polycentric Constitutionalism Legitimation and Control Revisited: Toward a European Conflicts Tribunal? Sovereignty, the Nation-State, and Integration History Bibliography

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Book SynopsisThis classic work on consular law explains what consuls do to assist and protect co-nationals. How can they help with documents, or if a co-national is arrested or convicted on a criminal charge? This book explores how consular law developed and examines the current treaties and the varied roles of the consul.Trade ReviewIn eighteen years since Lee's Second Edition there has been a major shift in consular functions- access to and protection of nationals in detention assuming much greater importance politically as well as legally. The Third Edition well reflects this, with thorough analysis of recent cases before the International Court and with the US Supreme Court, as well as recent conventions and changes in practice since the end of the Cold War. An excellent handbook for the lawyer and for career and honorary consuls struggling with the demands of huge numbers of travellers in foreign lands. * Eileen Denza, Visiting Professor, University College London *Review from previous edition ...a work of considerable academic standing... extensively researched, and much attention has been paid to detail. It provides insight into consular activity and demonstrates the relationship between convention and customary international law. The text will serve as an invaluable reference tool to those engaged in consular activity, as well as serving the needs of those with either a developed or passing interest in what is one of the oldest forms of international activity... * Rebecca M. M. Wallace, The British Year Book of International Law 1991 *...a welcome addition to the literature on this subject which, although very important in the practical world, is all too rarely the subject of learned writing ... an important work of reference on this vital area of international law... * BC.A. Whomersley, The International and Comparative Law Quarterly, Volume 41, 1992 *...successfully touches on virtually every aspect of consular law and practice...an interesting overview of the field and a useful reference work for all whose work concerns either services to nationals abroad or commercial dealings with consular officials... * The American Journal of International Law *Table of ContentsPART I. INTRODUCTION ; PART II. CONSULAR RELATIONS IN GENERAL ; PART III. CONSULAR FUNCTIONS ; PART IV. PRIVILEGES AND IMMUNITIES ; PART V. HONORARY CONSULS ; PART VI. CONSULS, DIPLOMATS, AND THE UNITED NATIONS ; PART VII. CONCLUSIONS ; APPENDICES

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Book SynopsisIn recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the ''private'' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditionaTrade Reviewsociologists of law and constitutionalism now have powerful methodological tools, a sociological conceptual framework, and invaluable sources of the new constitutional imagination which has capacity to accommodate even recent elaborations on Nietzsche's theory of command structures * Jiri Priban (Cardiff University), Journal of Law and Society *Table of Contents1. The New Constitutional Question ; 2. Societal Constitutionalism in the Nation State ; 3. Transnational Constitutional Subjects: Regimes, Organisations, Networks ; 4. Transnational Constitutional Norms: Functions, Arenas, Processes, Structures ; 5. Transnational Constitutional Rights: Horizontal Effect ; 6. Colliding Constitutions

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Book SynopsisDoes a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property.The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.Table of ContentsPART I: INTRODUCTION ; 1. The Concept of International Property Law ; 2. The Human Right to Property ; PART II: PRINCIPLES OF INTERNATIONAL PROPERTY LAW ; 3. Chattels ; 4. Intangible Property ; 5. Land ; 6. Oceans ; 7. Atmosphere ; PART III: COMPONENTS OF INTERNATIONAL PROPERTY LAW ; 8. Toward Global Property Rights ; 9. The Right to Acquire ; 10. The Right to Possess and Use ; 11. The Right to Destroy ; 12. The Right to Exclude ; 13. The Right to Transfer ; PART IV: OUTLOOK ; 14. The Future of International Property Law

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Book SynopsisThe International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.

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Book SynopsisNow in its third edition, International Law: Cases and Materials with Australian Perspectives remains an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field. This edition has been comprehensively updated to address recent developments in international law. The selection of cases and materials provides a thorough coverage of core areas and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law reflects the growing importance of this body of law in Australian practice. Guiding commentary provides a rigorous analysis of key principles. Written by a team of experts with substantial experience in this field, InternationTable of Contents1. The nature of international law; 2. Sources of international law; 3. Law of treaties; 4. International and municipal law; 5. International legal personality; 6. Sovereignty over territory; 7. Jurisdiction; 8. State responsibility; 9. Human rights; 10. Law of the sea; 11. International environmental law; 12. International trade law; 13. Use of force; 14. Enforcement of international law; 15. The peaceful settlement of international disputes.

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Book SynopsisExplores how South African court and managerial prosecutors engage with performance statistics, indicators and rankings at work; whether and how they affect operations, decision-making, the allocation of resources and their accountability, with the findings being of interest to those concerned with justice, accountability and state bureaucracy.Table of Contents1. From apartheid administrators to lawyers of the people: a history of accountability inside the South African Prosecution Authority (1948–2018); 2. Ethnographic research in a multi-local organisation: access, challenges and methods; 3. Stats talk' and alternative expressions of accountability: NPA lower court prosecutors at work; 4. No fear of numbers: reactivity and the political economy of NPA performance measurement; 5. At the top of the NPA: managing with numbers and numerical reflexivity; 6. Lies, damned lies and statistics: making sense of misleading or imperfect NPA conviction rates.

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