Public international law Books
Edward Elgar Publishing Ltd Research Handbook on International Competition
Book SynopsisThe Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy.Trade Review‘. . . within this collection of essays there are some real gems. . . the volume provides a wide-ranging assessment of many issues raised by the movement towards such a globalised approach.’ -- Niamh Dunne, Cambridge Law Review‘Some 30 leading scholars, academics and practitioners have contributed 22 formidably thoughtful and readable articles to this scholarly and topical book on competition law. . . this book should be of abiding interest to competition lawyers everywhere as well as scholars, academics and competition officials and policymakers in trading nations. The subject matter is international and so is the book’s utility and appeal.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface PART I: INTRODUCTION 1. Setting the Scene: The Scope and Limits of ‘International Competition Law’ Ariel Ezrachi PART II: FROM UNILATERAL ENFORCEMENT TO COOPERATION NETWORKS 2. Competition Law and Extraterritoriality Florian Wagner-von Papp 3. Competition Agency Networks Around the World Imelda Maher and Anestis Papadopoulos 4. Building Global Antitrust Standards: The ICN’s Practicable Approach Hugh M. Hollman, William E. Kovacic and Andrew S. Robertson 5. ‘Jaw-jaw’ not ‘Law-law’ – from Treaties to Meetings: The Increasing Informality and Effectiveness of International Cooperation Philip Marsden 6. The Role of NGOs in Competition Law Enforcement Pradeep S. Mehta, Udai S. Mehta and Cornelius Dube 7. Greater International Convergence and the Behavioural Antitrust Gambit Maurice E. Stucke PART III: ENFORCEMENT CHALLENGES WORLDWIDE 8. Paths to Competition Advocacy Allan Fels and Wendy Ng 9. Competition Law and Developing Economies: Between ‘Informed Divergence’ and International Convergence Kathryn McMahon 10. Private and Public Enforcement: Complements, Substitutes and Conflicts – A Global Perspective Donald I. Baker 11. Criminal Sanctions for Cartels – the Jury is Still Out Caron Beaton-Wells 12. Cartels, Extradition and Concurrent Criminal Prosecution Michael O’Kane PART IV: COMPARATIVE REVIEW OF LAWS AND PROCEDURES 13. Merger Control: Key International Norms and Differences D. Daniel Sokol and William Blumenthal 14. Unilateral Conduct: The Search for Global Standards Giorgio Monti 15. Market Power – the Root of All Evil? A Comparative Analysis of the Concepts of Market Power, Dominance and Monopolisation Hedvig Schmidt 16. Drawing the Boundary between Joint and Unilateral Conduct: Parent–Subsidiary Relationships and Joint Ventures Alison Jones 17. Resale Price Maintenance in Comparative Perspective Ulf Bernitz 18. Innovation, IPRs and EU Competition Law: Cross Currents in the EU/US Debate Steven Anderman 19. Recent US FTC Antitrust–IP Interface Developments Alden F. Abbott and Dina Kallay 20. The Patent–Competition Interface in Asia: A Regional Approach? Thomas K. Cheng 21. Competition Law and Enforcement in the Pharmaceutical Industry Michael A. Carrier 22. The Consumer and Competition Policy: Welfare, Interest and Engagement Phil Evans Index
£205.00
Taylor & Francis Inc Assigning Liability for Superfund Cleanups
Book SynopsisWhile more than 2,700 emergency removals of hazardous materials have taken place under Superfund, implementing the long-term cleanup program has been the object of considerable controversy. One of the most contentious issues is whether the liability standards in the law should be revised. The authors analyze the pros and cons associated with the current liability approach, as well as with a variety of alternative strategies.Table of ContentsExecutive Summary 1. Introduction 2. Policy Options and Evaluative Criteria 3. Analysis of Policy Options 4. Conclusions Appendixes A. Description of NPL Survey Data B. Corporate Environmental Tax Information C. Estimating the Cost of the Five Policy Options D. Distribution of Trust Fund Revenues for Policy Options
£30.39
Cambridge University Press The International Law of the Sea
Book SynopsisNewly updated, this textbook is for students, both undergraduate and postgraduate, practitioners and judges. Accessible, comprehensive and contemporary, it continues to be the best choice for students wanting to understand the law of the sea. It also offers systematic knowledge on the law of the sea, helping to develop a perspective on the law.Trade Review'Tanaka's International Law of the Sea has established itself as a key resource for both student and scholar in understanding the critical concepts underpinning this vital area of international law. This new edition provides valuable insights on the latest legal issues, whether plastics pollution at sea or submarine cables.' John Burgess, The Fletcher School, Tufts University'The latest edition of this established textbook continues to offer a clear, structured introduction to the core rules and principles of the law of the sea, whilst also capturing the dynamism of the field by integrating the latest judicial decisions and state practice, and illustrating how the law of the sea adapts to changing circumstances and new challenges.' James Harrison, University of Edinburgh'Tanaka's textbook on the international law of the sea has reached the status of a classic work. His clear writing style and ability to explain complicated issues in a simple manner make it approachable for newcomers to the field as well as experts.' Bjarni Már Magnússon, Bifröst University'A skilful analysis, rigorous method and neat style mark this book's first decade in print. Further elaborating on his distinctive theory of the “dual approach” to ocean matters in a thought-provoking manner, Tanaka continues to provide key explanatory arguments and fully reliable guidance throughout both old and novel intricacies of the law of the sea.' Ilaria Tani, University of Milano-Bicocca'In this book, scholars and practitioners will find not only a rigorous commentary on established rules and case law, but also a careful analysis of problematic profiles and an authoritative assessment of both trends in the practice of states and new interests of the international community. This is an indispensable guide to navigating this intricate and fascinating subject.' Roberto Virzo, University of MessinaTable of ContentsPart I. The Divided Oceans: International Law Governing Jurisdictional Zones: 1. The law of the sea in perspective; 2. Maritime limits: baselines and maritime features; 3. Marine spaces under national jurisdiction I: territorial sovereignty; 4. Marine spaces under national jurisdiction II: sovereign rights; 5. Marine spaces beyond national jurisdiction; 6. Maritime delimitation; Part II. Our Common Ocean: Protection of Community Interests at Sea: 7. Conservation of marine living resources; 8. Protection of the marine environment; 9. Conservation of marine biological diversity; 10. Marine scientific research; 11. Maintenance of international peace and security at sea; 12. Land-locked and geographically disadvantaged states; 13. Peaceful settlement of international disputes; 14. Looking ahead: law of the sea as a legal shield.
£39.99
Cambridge University Press Saving the International Justice Regime
Book SynopsisWhile resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?Table of Contents1. Progress and pushback in the judicialization of human rights; 2. Backlash in theoretical context; 3. The politics of withdrawal; 4. Replacing the international justice regime; 5. Bureaucrats, budgets and backlash: Death by a thousand paper cuts; 6. Doctrinal challenges: Diluting the domestic impacts of international adjudication; 7. How to save the international justice regime; Appendix; Bibliography; Index.
£22.99
Cambridge University Press The Hans Blix Iraq War Diaries
Book Synopsis
£29.44
Cambridge University Press Toward an Abolitionist Human Rights Court
Book Synopsis
£18.00
Taylor & Francis Ltd The Space Law Stalemate
Book SynopsisThe governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement, and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development, and uncertain eco-sustainability. The prolonged legal stalemate cannot be treated simply as an academic question, for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global comTable of ContentsAcknowledgments Abbreviations Introduction 1. Background 2. Main challenges I Space law: historical and institutional background 1. The Cold War 1.1. United Nations: the prime body in international space norm creation 1.2. UN Committee on Peaceful Uses of Outer Space (UN COPUOS) 2. Space treaties’ creation 2.1. Space treaties II The current state of the space domain 1. The rise of the private sector 2. The problem of legal ambiguity 3. New trends in regulating the space domain 3.1. The Cape Town Convention 3.2. Soft law 3.3. National space legislation III The changing global context 1. Geopolitical transformations 1.1. The new space powers 1.2. The emerging space nations 2. Shift in the economic paradigm 3. Technological development: from military to civilian use 4. Multidirectional diplomacy 5. The lawmaking process itself 5.1. The norm-creation mechanism in the United Nations 5.2. The norm-creation mechanism in the Legal Subcommittee of the UN COPUOS 6. Conclusion IV Necessity of new internationally binding norms in space law 1. Space activities outside of the current legal realm 1.1. Active debris removal 1.2. Resource utilization and extraction from celestial bodies 1.3. Human planetary exploration 2. Space actors outside of the current legal realm 3. Why is the stalemate dangerous? 4. State sovereignty in the area of globalization and interdependence5. A legal obligation to cooperate: mandatory multilateralism V Alternative ways of law-making 1. UN specialized agencies 1.1. International Telecommunication Union (ITU) 1.1.1. Short history 1.1.2. Purpose 1.1.3. Membership 1.1.4. Decision-making bodies 1.1.5. Norm mechanisms: constituent instrument and secondary norms 1.1.6. Implementation 1.2. International Civil Aviation Organization (ICAO) 1.2.1. Short history 1.2.2. Purpose 1.2.3. Membership 1.2.4. Decision-making bodies 1.2.5. Norm mechanisms: constituent instrument and secondary norms1.2.6. Implementation 2. International legal regimes that deal with international commons 2.1. The international legal regime for marine beyond national jurisdiction 2.1.1. Short history 2.1.2. Purpose 2.1.3. Membership 2.1.4. Decision-making bodies 2.1.5. Norm mechanism: constituent instrument and secondary norms 2.1.6. Implementation 2.2. The international legal regime for the Antarctic area 2.2.1. Short history 2.2.2. Purpose 2.2.3. Membership 2.2.4. Decision-making bodies 2.2.5. Norm mechanism: constituent instrument and secondary norms 2.2.6. Implementation 3. Regional space agencies 3.1. European Space Agency (ESA) 3.1.1. Short history 3.1.2. Purpose 3.1.3. Membership 3.1.4. Decision-making bodies 3.1.5. Norm mechanism: constituent instrument and secondary norm mechanism 3.1.6 Implementation 3.2. European Union Agency for the Space Program (EUSPA) 3.2.1. Short history 3.2.2. Purpose 3.2.3. Membership 3.2.4. Decision-making bodies 3.2.5. Norm mechanism: constituent instrument and secondary norm mechanism 3.2.6. Implementation provisions VI Key findings and strengths, weaknesses, opportunities, threats analysis 1. Key findings 1.1. Hierarchy of norms 1.2. Decision-making organ 1.3. Possibility to make amendments 1.4. Voting mechanism 1.5. Possibility to make reservations/to opt out 2. Strengths, weaknesses, opportunities, threats analysis 2.1. Strengths and opportunities 2.2. Weaknesses and potential threats 3. Proposed solutions Conclusion A. Bibliography Index
£36.09
Taylor & Francis The Law of the Sea and Maritime Boundary Disputes
Book SynopsisThe United Nations Convention on the Law of Sea (âUNCLOSâ) is hailed as one of the most significant multilateral legal agreements executed in the past few decades. However, its shortcomings are neither trivial nor inconsequential, especially regarding maritime boundary disputes involving hydrocarbon resources. This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources potential and recent military skirmishes that have the potential to lead to wider regional confrontations. The book addresses each regionâs maritime boundary status in the context of specific articles within UNCLOS that have been exploited by disputing states to justify their overlapping claims. The history and future applicability of multilateral Joint Development Area agreements for each region are evaluated for their potential to provide a cooperative solution to resolve ongoing tensions. Highlighting the limitations of current âgun-boatâ diplomacy, the monograph makes practical suggestions for new paradigms for resolving outstanding disputes, promoting lasting peace and generating economic benefits resulting from resource development.
£37.99
Taylor & Francis Ltd Legal Aspects of Marine Protected Areas in the
Book SynopsisThe objective of this book is to provide a comprehensive overview of the legal basis, under international law and the relevant regional legal frameworks, for the establishment and further development of area-based conservation tools in the Mediterranean Sea, with a particular emphasis placed on the transboundary area-based conservation instruments available for the Adriatic and Ionian Seas. Specifically, the aim is to identify and analyze the concepts and functioning of both marine protected areas (MPAs), as traditional area-based tools enabling marine habitat and species conservation, and other effective area-based conservation measures (OECMs), as a more recent addition to the picture. Further, with a view to providing responses to the complex set of challenges raised by the variety of tools and levels of intervention, conclusions and ways forward are provided that identify practical implementation instruments through which a truly transboundary perspective may guTable of ContentsForeword Preface Acknowledgements List of abbreviations and acronyms List of figures List of contributorsCHAPTER 1 Mitja Grbec and Tullio Scovazzi THE ADRIATIC AND IONIAN SEAS AS PART OF THE WIDER MEDITERRANEAN SEA 1.1. Geographical and political considerations 1.2. The present juridical picture of the Mediterranean waters 1.3. Implications of the recent process of extension of coastal State jurisdiction in the Adriatic and Ionian Seas 1.4. The Mediterranean, Adriatic, and Ionian Seas as juridically enclosed or semi-enclosed seas1.5 Conclusive summary CHAPTER 2 Tullio Scovazzi THE GLOBAL LEGAL BASIS FOR MARINE AREA-BASED CONSERVATION 2.1. The domestic and international dimension of marine protected areas 2.2 The main global policy instruments2.3 The main global legal instruments A. The United Nations Convention on the Law of the Seaa. Internal maritime watersb. Territorial seac. Exclusive economic zoned. Continental shelfe. High seas f. Seabed beyond national jurisdiction B. The International Convention for the Regulation of WhalingC. The Convention on Biological Diversitya. The notion of marine protected areab. The Jakarta Mandatec. The Ecologically or Biologically Significant Marine Areasd. The Aichi Targets and the Kunming-Montreal 2030 Global Targets e. The notion of other effective area-based conservation measures D. The Convention concerning the Protection of the World Cultural and Natural HeritageE. The Convention for the Prevention of Pollution from Shipsa. The Particularly Sensitive Sea Areas F. The Convention on the Protection of the Underwater Cultural Heritage 2.4. Conclusive summary CHAPTER 3 Mitja Grbec and Tullio ScovazziTHE REGIONAL AND SUB-REGIONAL LEGAL BASIS FOR MARINE AREA-BASED CONSERVATION 3.1. Regional instruments and their coordination with global instruments A. The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocolsa. The Areas Protocolb. The Offshore Protocolc. The Coastal Zone Protocol B. The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area a. The proposed marine protected areas for cetaceans C. The Agreement for the Establishment of the General Fisheries Commission for the Mediterraneana. The fisheries restricted areas D. The Convention on the Conservation of European Wildlife and Natural Habitats3.2. Sub-regional instruments outside the Adriatic and Ionian SeasA. The RAMOGE Agreement B. The Pelagos Sanctuary Agreement 3.3. Sub-regional instruments within the Adriatic and Ionian Seas A. Sub-regional cooperation within the institutional framework of the Barcelona Convention and its protocols B. Cooperation within the Joint Commission for the protection of the Adriatic Sea established by the 1974 Belgrade AgreementC. Cooperation within the framework of the intergovernmental Adriatic-Ionian InitiativeD. Cooperation within the framework of the European Union Strategy for the Adriatic and Ionian Region3.4. Conclusive summary CHAPTER 4 Mitja GrbecMARINE AREA-BASED CONSERVATION UNDER EUROPEAN UNION LAW 4.1. The European Union maritime policy and its goals 4.2. The Marine Strategy Framework Directive and its regional application 4.3. The Habitats and Birds Directives A. The Birds Directive B. The Habitats Directive C. The NATURA 2000 Network and the Adriatic and Ionian Seas 4.4. The European Union Biodiversity Strategy 2030 4.5. Conclusive summary CHAPTER 5 Ilaria Tani MARINE AREA-BASED CONSERVATION WITHIN AREAS OF NATIONAL SOVEREIGNTY AND JURISDICTION 5.1. Legal frameworks within Adriatic and Ionian States A. Existing national legal frameworks B. Indicators for effective national legal frameworksa. Coordinated implementation of international and regional commitmentsb. Institutional coordinationc. Specific legal provisions for marine protected areas establishment and management d. Adoption of protection measurese. Management planning and zoning for marine protected areas f. Integration of marine protected areas into coastal and maritime spatial planning policiesg. Stakeholder involvement h. Financing mechanisms i. Monitoring, compliance, and enforcement5.2. National marine protected areas 5.3. Conclusive summary CHAPTER 6 Ilaria Tani TRANSBOUNDARY AREA-BASED CONSERVATION BEYOND THE TERRITORIAL SEA WITHIN THE MEDITERRANEAN SEA AND THE ADRIATIC AND IONIAN SEAS 6.1. The Pelagos Sanctuary 6.2. Transboundary cooperation in the Strait of Bonifacio 6.3. The GFCM fisheries restricted areas A. The Lophelia Reef off Capo Santa Maria di Leuca B. The Jabuka/Pomo Pit C. The Bari Canyon D. The deep-water essential fish habitats and sensitive habitats in the South Adriatic 6.4. Conclusive summary CHAPTER 7 Tullio Scovazzi THE CASE FOR ESTABLISHING TRANSBOUNDARY MEDITERRANEAN SPAMIs WITHIN THE ADRIATIC AND IONIAN SEAS 7.1. Challenges and opportunities 7.2. Potential areas 7.3. Protection measures and management authorities 7.4. Conclusive summary CHAPTER 8 Ilaria Tani THE CASE FOR PURSUING TRANSBOUNDARY AREA-BASED CONSERVATION THROUGH A EUROPEAN GROUPING OF TERRITORIAL COOPERATION WITHIN THE ADRIATIC AND IONIAN SEAS 8.1. Legal and operational basis8.2. Challenges and opportunities 8.3. Potential areas and protective measures 8.4. Management authority 8.5. Conclusive summary CHAPTER 9 Mitja GrbecTHE CASE FOR ESTABLISHING A PARTICULARLY SENSITIVE SEA AREA IN THE ADRIATIC AND IONIAN SEAS 9.1. Challenges and opportunities 9.2. Work undertaken so far 9.3. Marine areas to be covered and potential associated protective measures A. Existing associated protective measures a. Mandatory ship reporting b. Routeing c. MARPOL Special Areas B. New associated protective measures 9.4. Conclusive summary CHAPTER 10 Mitja BriceljTHE SUSTAINABLE DEVELOPMENT OF THE WIDER MEDITERRANEAN: MULTI-STAKEHOLDER SETTINGS, ECOSYSTEM APPROACH, AND MARITIME SPATIAL PLANNING10.1. Multi-stakeholder settings as transboundary cooperation tools10.2. A sustainable development strategy for the Mediterranean region10.3. Ecosystem approach as integrated operational approach at the regional level10.4. Ecosystem approach as integrated operational approach at the sub-regional level10.5. Ecosystem approach in the integrated coastal zone management 10.6. Maritime spatial planning and green (and blue) infrastructure10.7. Conclusive summary CHAPTER 11 Iztok ŠkerličA PERSPECTIVE FROM THE EUSAIR FACILITY POINT: MARITIME SPATIAL PLANNING AS A CROSS-PILLAR ELEMENT OF THE STRATEGY11.1. The EUSAIR Action Plan and its contribution to the implementation of the Coastal Zone Protocol 11.2. Interactions between the blue economy and environmental quality in the EUSAIR11.3. The Facility Point project as a support tool to the EUSAIR (maritime) governance process11.4. Conclusive summary CHAPTER 12 Mitja Grbec, Tullio Scovazzi, Ilaria Tani CONCLUSIVE REMARKS ON AN ADRIATIC AND IONIAN SEAS RESPONSE TO GLOBAL CHALLENGES IN THE FIELD OF ENVIRONMENTAL PROTECTION: TOWARDS COORDINATED NETWORKS OF MARINE PROTECTED AREAS?12.1. Challenges and existing opportunities 12.2. Objectives and ways forward List of references
£121.50
Taylor & Francis Ltd Rural and Remote Communities as NonState Actors
Book Synopsis
£23.40
Edward Elgar Publishing Ltd Research Handbook on the Theory and History of
Book SynopsisTrade ReviewAcclaim for the First Edition:'It is a good time in which to be a thinker about the remarkable present and the daunting future of the human world. The present volume will encourage more thinkers and more thought. It could not be more timely or more necessary.' -- From the Foreword to the First Edition by Philip AllottTable of ContentsContents: Foreword to the First Edition viii Editor’s Preface to the Second Edition x PART I THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY 1 The relevance of theory and history: the essence and origins of international law 2 Alexander Orakhelashvili 2 Early-modern scholarship on international law 19 Alain Wijffels 3 Natural law and the law of nations 58 Patrick Capps 4 The origins of consensual positivism: Pufendorf, Wolff and Vattel 90 Alexander Orakhelashvili 5 The transformation of international law in the nineteenth century 108 Amnon Lev 6 Hans Kelsen’s place in international legal theory 139 Jörg Kammerhofer PART II THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY 7 International human rights law theory 164 Frédéric Mégret 8 The philosophy of international criminal law 200 Robert Cryer and Albert Nell 9 International law, international politics and ideology 240 Alexander Orakhelashvili PART III HISTORY OF INTERNATIONAL LAW 10 Periodization and international law 281 William E. Butler 11 Origins, record and narratives: uses and abuses of international legal history 296 Alexander Orakhelashvili 12 Acculturation through the Middle Ages: the Islamic law of nations and its place in the history of international law 312 Jean Allain 13 The classical law of nations 326 Randall Lesaffer 14 The nineteenth-century life of international law 359 Alexander Orakhelashvili 15 International law between universality and regional fragmentation: the historical case of Russia 373 Lauri Mälksoo 16 International law in the twentieth century 394 Carlo Focarelli 17 International law in the early twenty-first century 444 Tom Ruys and Anemoon Soete Index 474
£46.50
Edward Elgar Publishing Ltd Women and International Human Rights in Modern
Book SynopsisTable of ContentsContents: Preface 1. Discrimination against women: doctrine, practice, and the path forward 2. Gender-based violence as a form of discrimination 3. Intersectionality and the interconnectedness of discrimination: the case of indigenous women 4. Sexual orientation and gender identity 5. Women and times of emergency: the case of COVID-19 6. Due diligence in the contemporary world: the era of MeToo, non-state actors, and social protest 7. The challenging road to equality and the pursuit of non-discrimination 8. Sexual and reproductive rights: a gender equality and international law approach 9. Economic, social, and cultural rights of women 10. Women, the environment, and climate change 11. Women and the regional human rights protection systems 12. Women, culture, and religion 13. The human rights of women in the digital world Index
£34.15
Edward Elgar Publishing Ltd Building an International Cybersecurity Regime
Book SynopsisTrade Review‘This book thoughtfully unpacks the complex web of multistakeholder cyber diplomacy even as its parameters, participants, and paradoxes continue to evolve.’ -- Elina Noor, Carnegie Endowment for International Peace, Washington DC, US‘Essential reading for states and stakeholders engaged with the geopolitics of cyberspace, this expertly edited volume offers readers a descriptive catalog for how multistakeholder cyber diplomacy has interacted with—and travelled alongside—rising multilateral mechanisms for global governance of cybersecurity while identifying various next steps for making multistakeholderism more effective in securing cyberspace’s future.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents List of contributors vii PART I INTRODUCTION 1 Building cybersecurity through multistakeholder diplomacy: Politics, processes, and prospects 2 Ian Johnstone, Arun Sukumar and Joel Trachtman PART II THEMATIC ISSUES 2 The geopolitics of multistakeholder cyber diplomacy: A comparative analysis 20 Arun Sukumar 3 Multistakeholder characteristics of past and ongoing cybersecurity norms processes 59 Josephine Wolff 4 Developing multistakeholder structures for cybersecurity norms: Learning from experience 85 Joel Trachtman 5 Implementing cybersecurity norms: The design of international institutions 111 Ian Johnstone PART III COUNTRY PERSPECTIVES 6 U.S. multistakeholder engagement in cyber stability issues 143 Christopher Painter 7 Russia’s participation in multistakeholder diplomacy for cybersecurity norms 165 Andrey Shcherbovich 8 Rethinking Chinese multistakeholder governance of cybersecurity 185 Jinhe Liu 9 India’s “passive” multistakeholder cyber diplomacy 201 Arindrajit Basu 10 Brazil and multistakeholder diplomacy for the Internet: Past achievements, current challenges and the road ahead 220 Carlos Affonso de Souza and Christian Perrone 11 Taking stock of Estonia’s multistakeholder cyber diplomacy 238 Marina Kaljurand PART IV CONCLUSION 12 The way ahead for multistakeholder cyber diplomacy 257 Ian Johnstone, Arun Sukumar and Joel Trachtman Index 266
£95.00
Edward Elgar Publishing Ltd Research Handbook on International Law and Cities
Book SynopsisThis groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.Trade ReviewAwarded the 2022 ESIL Collaborative Book Prize'Research Handbooks tend to be just that – a book for reading selected contents one is interested in. Not this Handbook – it is fascinating from the beginning to end. Research Handbook of International Law and Cities, edited by Helmut Philip Aust and Janne E. Nijman, is an innovative collaborative work because it draws light at the growing importance of cities in international legal frameworks. Traditionally, cities have had relatively little to do with international law as the law of nations was constructed around the nation state and its sovereignty. The book invites us to rethink this proposition as it demonstrates how cities have become active in areas traditionally thought to be relating to international law. It thus raises awareness of a blind spot in international law, filling a research gap – adding more actors to the multiplicity of actors relevant in international law. […]‘This is an essential read for all of those studying or working at the intersection of International Relations and urban policy. The volume is a treasure trove of legal and international nuance critical to unpack the challenges that confront the internationalization of cities in the multilateral arena.’ -- Michele Acuto, International Affairs‘I would commend this book to all lawyers practising in the field of public international law and to students of the subject. It is a useful and innovating reference book and contributes to a better understanding of the role of cities in various fields of international law.’ -- Stephen D Sutton, The Law Society Gazette'Aust and Nijman's Research Handbook on International Law and Cities captures the complexity, and the controversy, of the relationship between cities and international law in all its splendour. This is a skilfully designed and executed - and coherent - work from the leading legal scholars in the field. The reader is led through the history, structure and many of the current issues in what is an increasingly well-established field, both academically and in practice. There will be many more thematic avenues to explore but the principles and the path are set out here. This book will become a dear friend for many historians, political scientists and lawyers, to name but a few.' -- Robert Lewis-Lettington, UN-Habitat'Walter Benjamin - foremost among writers on cities - once observed (to paraphrase) that crafting a good piece of writing entails making, at once, a musical composition, an architectural construction, and a woven textile. The Research Handbook on International Law and Cities that Helmut Aust and Janne Nijman have assembled, working with Miha Marcenko and a superb array of contributors, succeeds in all these ways. Combining historical, conceptual, practical and critical takes on the role of cities in global phenomena, and on various manifestations of the global in the urban, it sounds provocative notes for future work. Its construction is at once magisterial and replete with intriguing openings. Its fabric is rich in theoretical and empirical threads of value to international law and cognate disciplines. As one sometimes does in a city, I lost myself in its pages, in the most pleasurable way. Regardless of their disciplinary or geographic starting point, all those who read it - or should I say, visit this volume’s many cities - are sure to emerge newly informed and inspired.' -- Fleur Johns, UNSW Sydney, Australia'This Research Handbook offers a rich array of insightful analyses about the way that international law is being shaped, interpreted, and implemented by cities. After exploring historical antecedents, the volume dives into structural aspects of cities within international law, before tackling the role of cities in reshaping particular subject matter areas, such as climate change, human rights and refugees. For those captivated by States and international organizations as the only actors that count, this volume will change your mind.' -- Sean D. Murphy, George Washington University, US and Member, U.N. International Law CommissionTable of ContentsContents: 1 The emerging roles of cities in international law – introductory remarks on practice, scholarship and the Handbook 1 Helmut Philipp Aust and Janne E. Nijman PART I INTERNATIONAL LEGAL HISTORIES OF CITIES 2 Silk Road cities and their co-existing legal traditions 17 Valerie Hansen 3 Legitimizing interurban cooperation in the Middle Ages: the legal system of the Hanse 29 Tobias Boestad 4 The legal system among Italian city republics 41 Susanne Lepsius 5 Cities and international law: an imperial perspective 52 Luigi Nuzzo 6 Invisibility of cities in classical international law 64 Mirko Sossai 7 Cities, post-coloniality and international law 77 Luis Eslava and George Hill 8 Global city networks and the nation-state: rethinking a false tradeoff 90 Boris Vormann PART II CITIES AND FUNDAMENTAL CONCEPTS OF INTERNATIONAL LAW 9 International legal personality/subjectivity of cities 103 Yishai Blank 10 Sources and law-making 121 Yukiko Takashiba 11 Responsibility 135 Katja Creutz 12 Dispute settlement 147 Moritz Baumgärtel 13 International organizations and cities 158 Jacob Katz Cogan 14 Sovereignty 173 Anouche Beaudouin PART III PRACTICE AREAS: HOW CITIES ARE RESHAPING INTERNATIONAL LAW 15 Climate change law and sustainable development 187 Anél du Plessis 16 The role of transnational city networks in environmental governance 201 Jolene Lin 17 The global insecure counterterrorism city 214 Alejandro Rodiles 18 Finding international law ‘close to home’: the case of human rights cities 227 Martha F. Davis 19 Cities, refugees and migration 240 Barbara Oomen 20 Development cooperation and the city 251 Michael Riegner 21 The role of cities in the global governance of health 265 Christian Iaione and Elena de Nictolis 22 The law of economic globalization and cities 279 Jorge E. Viñuales and Lucy Lu Reimers 23 From global city to Olympic city: the transnational legal journey of London 2012 293 Antoine Duval 24 City diplomacy: experience from the ground 305 Mauricio Rodas PART IV CROSS-CUTTING PERSPECTIVES ON CITIES AND INTERNATIONAL LAW 25 An international relations perspective 321 Simon Curtis 26 Urbanizing political concepts for analyzing politics in the city 329 Nir Barak and Avner de Shalit 27 Cities as democratic representatives in international law-making 341 Samantha Besson and José Luis Martí 28 Cities, the Anthropocene and earth system law 354 Louis J. Kotzé 29 City networks and the glocalization of urban governance 368 Sheila R. Foster and Chrystie Swiney 30 The relationship between the state and the city from a comparative (constitutional) perspective 381 Geneviève Cartier 31 How domestic legal systems respond to international local government law: between accommodation, resistance and transformation 398 Carlo M. Colombo and Martijn L.P. Groenleer 32 Global administrative law and cities: the perfect couple that never was 411 Edouard Fromageau 33 Inter-legality, cities and the changing nature of authority 419 Jan Klabbers 34 International lawyers and the city 430 Daniel Litwin 35 The hidden city in international legal thought 443 Karen Knop Appendix 457 Helmut Aust and Janne E. Nijman Index
£44.60
Edward Elgar A Research Agenda for Cultural Heritage Law
Book SynopsisThis Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.
£90.25
Edward Elgar Beyond Bilateralism
Book Synopsis
£95.00
Edward Elgar Publishing International Conflict and Security Law
Book Synopsis
£32.25
Cambridge University Press A History of Humanitarian Intervention
Book SynopsisThe question of ''humanitarian intervention'' has been a staple of international law for around 200 years, with a renewed interest in the history of the subject emerging in the last twenty years. This book provides a chronological account of the evolution of the discussion and uncovers the fictional narrative provided by international lawyers to support their conclusions on the subject, from justifications and arguments for ''humanitarian intervention'', the misrepresentation of great power involvement in the Greek War of Independence in 1827, to the ''humanitarian intervention that never was'', India''s war with Pakistan in 1971. Relying on a variety of sources, some of them made available in English for the first time, the book provides an undogmatic, alternative history of the fight for the protection of human rights in international law.Trade Review'A masterpiece of intellectual history. In his provocative and insightful reconstruction of the doctrine and practice of humanitarian intervention, Mark Swatek-Evenstein transcends boldly and elegantly the boundaries between law, history and politics, and examines the narrative foundations of one of the most controversial issues in international law. This important book challenges conventional accounts of the international legal order, its past and present.' Alexandra Kemmerer, Max Planck Institute for Comparative Public Law and International Law'Do we have to watch passively dictators slaying their population, respecting the sovereignty of this state, or do we have an obligation to intervene for moral or even legal reasons? Drawing on a rich array of sources in several languages, Swatek-Evenstein analyzes the emergence of a legal discourse of 'humanitarian intervention'. By pointing to the constructed nature of the doctrine that developed out of this discourse, the book offers a fresh perspective on the legal and political debates surrounding cross-border military interventions undertaken in the name of human rights. This is an indispensable work for scholars and students of international law, global history, genocide studies, and human rights that challenges assumptions about international responses to national crises.' Mathias Schmoeckel, Executive Director of the Institute of German and Rhenish Legal History and Civil Law, University of Bonn'The legitimacy and legality of humanitarian interventions still pose considerable controversy in international law. By offering us an in-depth analysis of the history of humanitarian interventions and their respective justifications, the author provides many instructive insights into what is at stake when we talk about international law, its use and its misuse. This book is a very worthwhile read.' Gerd Hankel, Hamburg Foundation for the Advancement of Research and Culture'A complete intellectual history of humanitarian intervention requires more than the reconstruction of international legal doctrines. An exacting account would historicize the notion of 'the humanitarian', and examine how and why it is mobilized by politicians and justified by international lawyers to legitimise invasions of other countries. Mark Swatek-Evenstein's brilliant A History of Humanitarian Intervention casts an unsentimental eye on this controversial and all-too-current topic to explain what we are doing when we invoke humanity and mass atrocity in international law and relations.' A. Dirk Moses, University of Sydney'This is the product of an extremely sophisticated academic exercise not only about the history of humanitarian intervention but also about its development parallel to the development of an international legal framework. Although the book is written by a legal scholar, his interdisciplinary research method and analysis reflect an academic outcome that serves the purposes of the current multilayer scholarly environment. This book should be an indispensable reference for legal historians, international lawyers, experts in international relations and everyone who is interested in the overlap between law, politics and history. Swatek-Evenstein's lucid scholarship sheds light into pertinent legal developments in the field of humanitarian intervention and for this reason this is a book of great importance and relevance.' Maria Varaki, King's College London'A thoughtfully argued, rigorously researched, and lucidly written account of the emergence of 'humanitarian intervention' in modern history and international law. Swatek-Evenstein combines pithy case-studies of interventions over the past two centuries with a highly nuanced reading of the legal and political debates surrounding this enduringly controversial concept.' Adam Jones, University of British Columbia'It is true that that the literature on humanitarian intervention is voluminous, but this book nonetheless adds a new dimension to it through the novel focus it adopts. […] It will provide fresh, challenging insights for any student of humanitarian intervention specifically, but international law more generally.' Liverpool Law Review'It will provide fresh, challenging insights for any student of humanitarian intervention specifically, but international law more generally.' Gary Wilson, Liverpool Law ReviewTable of Contents1. The battlegrounds of a history of 'humanitarian intervention'; 2. A history of 'humanitarian intervention' in nineteenth-century international law; 3. Humanitarian intervention in the era of the league of nations; 4. The world after 1945.
£89.29
Cambridge University Press Globalisation and Governance
Book SynopsisWhile it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and ''its'' international legal order? Two alternative approaches to the problem of ''governance'' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the ''sovereign equality'' of all States. A second approach to transnational ''governance'' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as respTable of ContentsIntroduction: (inter)national governance – theory and practice Robert Schütze; Part I. International Perspectives: A. Formal Foundations: 1. The 'unsettled' eighteenth-century: Kant and his predecessors Robert Schütze; 2. World order through law: the politics of Kelsenian positivism in international law Jochen von Bernstorff; 3. Tyranny and constitutionalism beyond the state Aoife O'Donoghue; 4. New order for yet another new world: philosophy in a time of global existential crisis Philip Allott; B. Substantive Challenges: 5. The real utopia: international constitutionalism and the use of force Marc Weller; 6. Variable geometry in the WTO Bernard M. Hoekman and Petros C. Mavroidis; 7. New challenges for global environmental governance Markus W. Gerhring; 8. Tackling mass atrocity in a globalised world: the International Criminal Court Olympia Bekou; Part II. European Perspectives: A. Formal Foundations: 9. European international law Bruno de Witte; 10. Constitutional state of the European Union Christoph Möllers; 11. Subsidiarity as a principle of EU governance Katarzyna Granat; 12. Citizenship's role in the European Federation Dimitry Kochenov; B. Substantive Solutions: 13. Integration and constitutionalisation in EU foreign and security policy Ramses A. Wessel; 14. Intergovernmentalism in the wake of the Euro area crisis Alicia Hinarejos; 15. EU law and global environmental challenges Ludwig Krämer; 16. The normative foundations of European criminal law Valsamis Mitsilegas; Conclusion: after globalisation: engaging the 'backlash' Marti Koskenniemi; Epilogue: elements of a theory of global governance David Held.
£96.75
Cambridge University Press Static and Evolutive Treaty Interpretation
Book SynopsisHow should international treaties be interpreted over time? This is the first book to address what evolutive interpretation looks like in reality. It addresses how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static.Table of ContentsPart I. Definitions, Assumptions and Method: 1. Two paths to interpretative method; 2. Suggested solutions; 3. Mode of inquiry: functional reconstruction; Part II. The Rule of Interpretation in the VCLT: Method and Methodology: 4. Historical account of the means of interpretation; 5. Cardinal cores of the rule: features of the process; 6. Interpretative knots: the system of the VCLT revisited; 7. Shout of encore: evolutive interpretation in the context of the VCLT; Part III. Court Practice: 8. Profiling courts: a framework of analysis; 9. The International Court of Justice: peacemakers and disputants; 10. The European Court of Human Rights: an aging activist; Part IV. Summary and Conclusions: 11. Summary and conclusions.
£36.99
Cambridge University Press The Doctrine of Odious Debt in International Law
Book SynopsisBreaking with widespread scepticism, King comprehensively restates the doctrine of odious debt and uses contemporary international and domestic law to redefine the doctrine in a way suitable for judicial application. This groundbreaking book is essential reading for practising lawyers, scholars, and development and human rights workers.Trade Review'The Doctrine of Odious Debt in International Law: A Restatement is both substantively compelling and methodologically adventurous and, what is more, is published at a timely moment. In recent years, both the UN General Assembly and UNCTAD have attempted to re-organize the law and practice around sovereign debt relief. In this broader setting, King's monograph adds considerable clarity to an important aspect of the vexing issue of sovereign debts and their treatment in international law.' Jan Klabbers, Netherlands International Law ReviewTable of Contents1. Introduction; 2. International law, sovereign debt, and odious debt; 3. The status of odious debts in international law; 4. The enforceability of odious debts in domestic law; 5. Conclusion.
£34.12
Cambridge University Press The International Law of Energy
Book SynopsisThe world''s energy structure underpins the global environmental crisis and changing it will require regulatory change at a massive level. Energy is highly regulated in international law, but the field has never been comprehensively mapped. The legal sources on which the governance of energy is based are plentiful but they are scattered across a vast legal expanse. This book is the first single-authored study of the international law of energy as a whole. Written by a world-leading expert, it provides a comprehensive account of the international law of energy and analyses the implications of the ongoing energy transformation for international law. The study combines conceptual and doctrinal analysis of all the main rules, processes and institutions to consider the past, present and likely future of global energy governance. Providing a solid foundation for teaching, research and practice, this book addresses both the theory and real-world policy dimension of the international law of enTable of ContentsIntroduction; 1. Energy in international law; 2. Foundational approach: international energy transactions; 3. Foundational approach: regulating negative externalities; 4. Ad hoc approach: joint development of hydrocarbons; 5. Ad hoc approach: hydroelectricity, offshore wind, pipelines and electricity transmission lines; 6. Centralised approach: nuclear energy; 7. Centralised approach: producer/consumer, promotion and regional cooperation organisations; 8. International law and the energy transformation; Conclusion.
£80.75
Cambridge University Press International Law
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.
£104.50
Cambridge University Press The UN Security Council and International Law
Book SynopsisThe UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council''s work in practice. This book aims to answer questions such as ''when are Council decisions binding and on whom?'', ''what legal constraints exist on Council decision making?'' and ''how far is the Council bound by international law?''. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.Trade Review'Whether you have an academic interest in the UN Security Council, happen to be a journalist seeking reliable background information about it, or simply want to know how the Council works and why it so frequently stays short of our expectations - from now on there is no better way of finding out than reaching for this sharp, crystal-clear book written by prominent insiders.' Bruno Simma, Former Judge at the International Court of Justice, Founding editor of the German Commentary on the UN Charter'This exceptionally well-organized and persuasive book by two noted legal scholars (and frequent, much sought-after, practitioners) on the UN Security Council's powers and wider role in international law, a much contested field, will set the standard for at least the coming generation.' David M. Malone, Under-Secretary-General of the United Nations'Wood and Sthoeger elegantly parse the voluminous practice of the U.N. Security Council to explain its most salient characteristics in relation to international law, notably its nature, process, power, limits, and law-making role. Through copious and compelling examples, the sometimes-obscure legal functions of this important political organ are thoughtfully revealed.' Sean D. Murphy, Manatt/Ahn Professor of International Law, George Washington University; Member, U.N. International Law CommissionTable of ContentsIntroduction; 1. The legal nature of the security council; 2. Decisions of the security council; 3. The powers of the security Council; 4. Possible limits in the powers of the security council; 5. The security council and measures not involving the use of force; 6. The security council and the use of force; 7. The security council, international organizations and the use of force; 8. The security council and the international court of justice; 9. The security council's contribution to the development of international law; Conclusions.
£80.75
Cambridge University Press The Functions of International Adjudication and
Book SynopsisThis book will benefit academics and practitioners working in international dispute settlement, public international law, international economic law, and law of the sea. Focusing on environmental disputes, it develops a comparative analysis of the roles of international courts and tribunals across four key sites of international adjudication.
£99.75
Cambridge University Press International Law Reports Volume 191
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 191 is devoted to the 2020 Award concerning Preliminary Objections of Russian Federation in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait, the 2020 judgment of the Canadian Supreme Court in Nevsun Resources Ltd v. Araya and Others and the 2020 judgment of the English Court of Appeal in Mahmoud v. Breish.Table of Contents1. Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation); 2. Certain Criminal Proceedings in France (Republic of the Congo v. France); 3. Immunities and Criminal Proceedings (Equatorial Guinea v. France); 4. Nganyi and Others v. United Republic of Tanzania; 5. Organisation juive européenne, Vignoble Psagot Ltd v Ministre de l'Économie et des Finances; 6. Osmanoǧlu and Kocabaş v. Switzerland; 7. Nevsun Resources Ltd v. Araya; 8. C and Others v Director of Immigration and Another; 9. R (Al Rabbat) v Westminster Magistrates' Court and Others; 10. MM v NA (Declaration as to Marital Status); 11. Mahmoud v Breish and Mohamed Hussein.
£179.55
Cambridge University Press Recentering the World
Book SynopsisThis book provides valuable new information to those interested in Chinese history, international legal history, and international relations. Its new explorations of archives and other primary sources are helpful for researchers in these fields. It also appeals to general readers eager to learn more about China's role in world affairs.Trade Review'China's engagement with Western international law, Ryan Martínez Mitchell shows in this field-defining study, is neither recent nor rejectionist. Instead, starting in the 19th century, Chinese actors interacted with once foreign concepts and terms in light of local imaginaries, and Chinese engagement reshaped international law in turn. The results are a tour de force of research and reconceptualization of how the legal order of the contemporary world came about, and where alternative global internationalisms might one day lead.' Samuel Moyn, Chancellor Kent Professor of Law and History, Yale University'Recentering the World is a wonderful book that should re-center how we think about not only China but international law itself. Running from the late Qing through WTO accession, Ryan Mitchell's singular blend of deep historical research in Chinese, Japanese and western archival materials, deft legal analysis, and love of ideas is an exemplar of superb cross-disciplinary scholarship.' William P. Alford, Jerome A. and Joan L. Cohen Professor of East Asian Legal Studies, Harvard Law School'An excellent conceptual history of how China engaged with Western-made international law in the late 19th and 20th centuries. Mitchell moves fluidly between domestic and transnational spheres of thought, and between different layers of conceptual meaning as they are constantly reconstructed during this era.' Taisu Zhang, Professor of Law, Yale Law School and author of The Ideological Foundations of Qing Taxation (2022)Table of ContentsIntroduction: 'In the Nineteenth Century, There was No International Law'; Part I. Preserving Stateliness, 1850–1894: 1. Universal Prosperity; 2. Synarchy; 3. Vast Imperium; Part II. Asserting Sovereignty, 1895–1921: 4. The Public Law of Planet Earth; 5. The Problem of Equality; 6. Reconstituted Hierarchies; Part III. Internationalisms, 1922–2001: 7. Changing Circumstances; 8. New Orders; 9. Perpetual Peace; Conclusion: From Object to Subject? – China in a World of Institutions; Glossary of Chinese and Japanese Names; Bibliography; Index.
£90.25
Cambridge University Press Demystifying Treaty Interpretation
Book SynopsisWill appeal to scholars, practitioners and general readers engaging with treaty interpretation at all levels and will enhance the reader's knowledge and mastery of the interpretive process. It will shed light on all those relevant elements and/or connections that the traditional rule-based approach to treaty interpretation largely overlooks.
£25.99
Cambridge University Press Carl Schmitts Early LegalTheoretical Writings
Book SynopsisThe materials translated here provide the intellectual background to Carl Schmitt's political and constitutional theory. This book will be of interest to legal and constitutional theorists, political theorists and historians of political thought more generally, and it will be required reading for all scholars who work on Schmitt.Trade Review'… a unique perspective on contemporary political and legal thought.' Eduardo Schmidt Passos, Contemporary Political TheoryTable of Contents1. Introduction: Carl Schmitt and the Problem of the Realization of Law; 2. Statute and Judgment; 3. The Value of the State and the Significance of the Individual.
£29.99
Cambridge University Press Our Democratic First Amendment
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.
£25.64
Cambridge University Press The UN Security Council and International Law
Book SynopsisThis accessibly-written book provides lawyers, diplomats, scholars and students the tools to understand the law governing the powers of the UN Security Council, as conceived in the Charter and as they apply and evolve in practice, and explores the powers and limits of the Council within the international legal system.Trade Review'Whether you have an academic interest in the UN Security Council, happen to be a journalist seeking reliable background information about it, or simply want to know how the Council works and why it so frequently stays short of our expectations - from now on there is no better way of finding out than reaching for this sharp, crystal-clear book written by prominent insiders.' Bruno Simma, Former Judge at the International Court of Justice, Founding editor of the German Commentary on the UN Charter'This exceptionally well-organized and persuasive book by two noted legal scholars (and frequent, much sought-after, practitioners) on the UN Security Council's powers and wider role in international law, a much contested field, will set the standard for at least the coming generation.' David M. Malone, Under-Secretary-General of the United Nations'Wood and Sthoeger elegantly parse the voluminous practice of the U.N. Security Council to explain its most salient characteristics in relation to international law, notably its nature, process, power, limits, and law-making role. Through copious and compelling examples, the sometimes-obscure legal functions of this important political organ are thoughtfully revealed.' Sean D. Murphy, Manatt/Ahn Professor of International Law, George Washington University; Member, U.N. International Law CommissionTable of ContentsIntroduction; 1. The legal nature of the security council; 2. Decisions of the security council; 3. The powers of the security Council; 4. Possible limits in the powers of the security council; 5. The security council and measures not involving the use of force; 6. The security council and the use of force; 7. The security council, international organizations and the use of force; 8. The security council and the international court of justice; 9. The security council's contribution to the development of international law; Conclusions.
£21.84
Cambridge University Press Cyber Operations and International Law
Book SynopsisThis book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.Trade Review'An important and illuminating contribution to a vital but infrequently explored area of 'cyber hostilities'.' JHH Weiler, Editor-in-Chief, European Journal of International Law'In line with the Paris Call for trust and security in the cyberspace launched by President Macron, France firmly believes that the application of International Law, including the UN Charter in its entirety, international humanitarian law and customary international law, is and needs to remain the foundation for peace and security in cyberspace. François Delerue's in-depth analysis constitutes an essential intellectual contribution towards building more trust, security and stability in cyberspace.' Henri Verdier, Ambassador for digital Affairs, French Ministry for Europe and Foreign Affairs'François Delerue's stimulating and thought-provoking study is a must read for those seeking a fresh look on international law and contemporary challenges. It is a valuable contribution to classical international scholarship, while providing readers with technical background necessary to better understand current legal issues in cyberspace. Its particular strength is a detailed yet practical take on attribution, due diligence and state responsibility with poignant references to resilience and cyber operations.' Joanna Kulesza, University of Lodz, Poland'Cyber Operations and International Law offers an important - and comprehensive - treatment of international law's application to State and State-sponsored operations in cyberspace. Taking readers beyond the well-trodden grounds of armed conflicts, Delerue covers a range of international legal issues, including sovereignty, non-intervention, counter-measures, and human rights. In doing so, he provides an accessible account of the technology and its challenges to the efficacy of international law in regulating global cybersecurity.' Duncan B. Hollis, Temple University, Philadelphia'In a context of enhanced strategic competition between great powers and proliferation of state sponsored cyber attacks that threaten international peace and cyber stability, François Delerue's Book offers a brilliant and insightful contribution to the debates about how international law applies to cyber operations. His sophisticated and thorough analysis of complex legal debates, supported by well-documented examples, is both accessible to non-lawyers and of great value for scholars and practitioners.' Frederick Douzet, Université Paris 8, Director of GEODE'This study is illustrated by numerous examples drawn from State practice, demonstrating the topicality of the subject and constituting thus a useful manual for professionals [of] law. The author succeeds, while leading [an] in-depth analysis of the subject, to [make] accessible to legal and non-legal readers the 'old concepts of international law' which for some seem to find a second youth in the era of the multiplication of cyber operations.' Aude Géry, Hérodote'Cyber Operations and International Law is a compelling, logical, and important book that touches on all of the critical international law topics while asking difficult questions … François Delerue successfully accomplishes the heroic task of untangling both the technology and law surrounding cyber operations in a book that will undoubtedly serve as a leading foundation for further scholarly activity in this space.' Ido Kilovaty, American Journal of International Law'The analysis is particularly useful as there are few generalist works in international law on cybersecurity. Delerue's work offers another doctrinal approach, for a useful comparison of scientific analyzes.' Anne-Thida Norodom, Politique étrangère'The book by François Delerue provides an analysis of the strengths and weaknesses of a legal order facing unprecedented challenges-from cyber attackson nuclearplants to election meddling through digital espionage. The result of Delerue 's analysis is a comprehensive study of the currentstate of IL applicable to cyber operations;in its length, depth, and thor-oughness one of the first of its kind. Taking the classic law of state responsibility as his startingpoint and foundation,the author meticulously lays out the international legal framework limiting states' behavior in cyberspace. The book will not only appeal to international legal scholars however. Delerue makes an effort to bridge the gap between lawyers,computer- and political scientists, explaining the essentials of each discipline to the others where necessary.' Rachel F. Behring, Heidelberg Journal of International Law'Delerue is a research fellow in cyber defense and international law at the Institute for Strategic Research … and his deep knowledge of cyber security and cyber defense and their relationship with international law is evident in the book. Delerue cogently explains difficult technical concepts in the field of cyber operations and makes these notions easily comprehensible for international lawyers. The book has many examples from real life cases of wrongful cyber operations and these examples ensure that the author's reasoning becomes more relatable … the book is an excellent academic endeavour.' Upasana Dasgupta, Asian Journal of International LawTable of Contents1. Does international law matter in cyberspace? Part I. Attribution: 2. Attribution to a machine or a human: a technical process; 3. The question of evidence: from technical to legal attribution; 4. Attribution to a state; Conclusion of Part I; Part II. The Lawfulness of Cyber Operations: 5. Internationally wrongful cyber acts: cyber operations breaching norms of international law; 6. The threshold of cyber warfare: from use of cyber force to cyber armed attack; 7. Circumstances precluding or attenuating the wrongfulness of unlawful cyber operations; 8. Cyber operations and the principle of due diligence; Conclusion of Part II; Part III. Remedies against State-Sponsored Cyber Operations: 9. State responsibility and the consequences of an internationally wrongful cyber operation; 10. Measures of self-help against state-sponsored cyber operations; Conclusion of Part III; Conclusion.
£41.99
Cambridge University Press Detention by NonState Armed Groups under
Book SynopsisAn examination of the law applicable to detention conducted by non-State armed groups, together with their practices in conflict settings. Drawing on his personal experiences working with humanitarian organizations, Ezequiel Heffes explores how international law could be best employed to protect individuals.
£29.99
Cambridge University Press The Unruly Notion of Abuse of Rights
Book SynopsisEveryone condemns what they perceive as ''abuse of rights'', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.Trade Review'With precision and passion, Paulsson challenges a shibboleth of international law.' W. Michael Reisman, Professor, Yale Law School'Paulsson's characteristic insistence that - in Holmes' phrase - we must think things, not words, and his willingness to puncture conventional wisdom, all make this a vital read for anyone concerned with the nature of law; characteristically, too, this is at the same time erudite and readable, clear-headed and quotable.' Alan Scott Rau, Professor Emeritus, University of Texas School of Law'Some may describe this book as iconoclastic. I say simply: legal theory at its best.' Francisco Gonzáles de Cossío, Arbitrator and Professor, Universidad Iberoamericana and Escuela Libre de Derecho, Mexico'Unprincipled and unstructured pleas of abuse of rights will not survive the publication of this book.' Zachary Douglas QC, Institut de hautes études internationales et du développement (Geneva)'I strongly recommend this book, supremely sharp on technical reasoning and sensitive to challenges and limitations of the reality of international dispute settlement that the author knows so well. Whether the reader finds themselves largely persuaded by Paulsson's argument, as I was, they will certainly be intellectually enriched from reading the treatment of an important topic by one of the great figures of modern international dispute settlement. The essentially simultaneous publication in autumn 2020 of The Unruly Notion of Abuse of Rights and the merits judgment of the ICJ in Immunities and Criminal Proceedings puts the book under review in the rare category of perfectly timed scholarship that independently captures the substance of the leading judgment, explains the intellectual backstory of a key concept, and is likely to significantly shape future developments in the field.' Martins Paparinskis, Arbitration InternationalTable of Contents1. Matters of nomenclature; 2. An idealistic but troublesome impulse; 3. A cacophony of criteria; 4. A 'principle' with no rules?; 5. The challenge of establishing universal principles; 6. The Politis/Lauterpacht quest to elevate abuse of right; 7. Rejection and retrenchment; 8. The vanishing prospect.
£19.99
Cambridge University Press Rule of Law Intermediaries
Book SynopsisDuring Myanmar's political opening, intermediaries played a key role in the field of rule of law development.This book brings to light these neglected players, focusing on who they are, the influence they have, their double agency, their challenges and their crucial importance for rule of law progress.Trade Review'Rule of Law Intermediaries offers a rich account of the complex arrangements that comprise rule of law assistance. Simion's engaging analysis sheds new light on the influence of intermediaries in Myanmar, and the networks they navigate. With its descriptive prose and ethnographic depth, Rule of Law Intermediaries provides a vivid illustration of transnational law in action, and makes an important contribution to the study of development, law and society.' Kathryn Henne, Director, School of Regulation and Global Governance (RegNet), The Australian National University'With nuance and refined analysis, Rule of Law Intermediaries skilfully champions a necessary shift in orientations to the globalisation of law – from naïve expectations about the power of international agents to the actualities of influence wielded by creative local actors. By shifting focus from international expertises to the singular knowledges and practices of intermediaries, this book compels scholars and policymakers alike to grapple more seriously with the dynamic mediating processes that moderate international hubris and legal change.' Terence Halliday, American Bar Foundation, and co-author of Global Lawmakers: International Organizations in the Crafting of World Markets'Rule of Law Intermediaries is a rich and readable scholarly gem. There is no book like it. In addition to original and compelling insights into the burgeoning rule of law industry and its actors, it also adds a fresh perspective to the literature on legal globalisation and to the study of the politics of law in Myanmar.' Bryant G. Garth, Distinguished Professor of Law Emeritus, University of California–Irvine'As with all good social science publications, Simion's results lend themselves to application in other contexts andregions and are thus of value beyond serving as historical documentation of a short period that is, indeterminately, in the past.' Judith Beyer, Zeitschrift für RechtssoziologieTable of Contents1. Introduction; 2. Between universals and particulars: rule of law as a travelling model; 3. Rule of law intermediaries: who, what, when?; 4. Rule of law assistance: actors and technologies; 5. The emergence of intermediaries; 6. Intermediaries: background, capital, motivations; 7. Intermediaries as trust builders; 8. Intermediaries as translators; 9. Intermediaries' influence, foreign actors' dependence.
£21.84
Cambridge University Press The European Union and Customary International
Book SynopsisThe book is of interest to scholars, students and practitioners working on international law, European Union law, or both, who wish to understand how the customary rules that we find on the international plane is relevant to the external relations and to the internal functioning of the EU.Table of ContentsIntroduction: the European Union and customary international law Fernando Lusa Bordin, Andreas Th. Müller and Francisco Pascual-Vives; Part I. A View from the Outside: The European Union as a Subject of Customary International Law: 1. Applicability of customary international law to the European Union as a sui generis international organization: an international law perspective Christina Binder and Jane A. Hofbauer; 2. Is the European Union a sui generis international organization? The challenge of arguing for special treatment in customary international law Fernando Lusa Bordin; 3. The European Union's role in the making and confirmation of customary international law Jed Odermatt; Part II. Looking in Between: Synergies between Customary International Law and European Union Law: 4. Customary law within the internal legal sphere of the European Union: a tale of autonomy and self-containment Kirsten Schmalenbach; 5. The identification of customary international law before the court of justice of the European Union: a flexible consensualism Francisco Pascual-Vives; 6. Patterns of avoidance and assimilation: peremptory norms in European Union Law Asier Garrido-Muñoz; Part III. A View from the Inside: Customary International Law as a Source of European Union Law: 7. Customary international law in the European Union legal system: reception, rank, application and interpretation Werner Schroeder; 8. The direct effect of customary international law: the 'treaty analogy' and its limits Andreas Th. Müller; 9. Customary international law in the European Union legal system: the substantive rules invoked and applied by the Court of Justice of the European Union Paul Gragl; 10. Customary international law as a source of European Union law: the European parliament, the council and the commission Carmen Martínez-Capdevila.
£80.75
Cambridge University Press Politics and International Law
Book SynopsisInternational law shapes nearly every aspect of our lives. It affects the food we eat, the products we buy, the rights we hold, and the wars we fight. Yet international law is often believed to be the exclusive domain of well-heeled professionals with years of legal training. This text uses clear, accessible writing and contemporary political examples to explain where international law comes from, how actors decide whether to follow international law, and how international law is upheld using legal and political tools. Suitable for undergraduate and graduate students, this book is accessible to a wide audience and is written for anyone who wants to understand how global rules shape and transform international politics. Each chapter is framed by a case study that examines a current political issue, such as the bombing of Yemen or the use of chemical weapons in Syria, encouraging students to draw connections between theoretical concepts and real-world situations. The chapters are modularTrade Review'This excellent book ties together an impressive array of material from law and political science in an accessible way. The book uses case studies not just to illustrate legal interpretation but also to illuminate how international law affects the practice of state and non-state actors. I strongly recommend it for any course on the politics of international law.' Erik Voeten, Georgetown University'Finally, a textbook on international law that is really geared toward undergraduate international relations and political science students! It delivers the material in a way that is easy to read and understand, and the case examples not only help to drive home key concepts, but are written in a way that makes the text more engaging for both professors and students.' Heather Elko McKibben, University of California, Davis'For years, I have been searching in vain for a textbook for my international institutions classes. Politics and International Law is it! Johns explains legal principles in accurate yet easy to understand language across virtually every issue area governed by international law, and breathes life into the sometimes mundane details of international law through insightful background and colorful case studies.' Jana von Stein, The Australian National University'Leslie Johns has written and compiled an international law casebook that is clear, accessible, and very timely. It will be easy to teach from and engaging for a wide range of students.' Anne-Marie Slaughter, CEO, New AmericaTable of Contents1. Competing perspectives on international law and politics; 2. Making international law; 3. Breaking international law; 4. Upholding international law; 5. Law of the Sea; 6. Trade; 7. Investment; 8. Human rights; 9. Use of force; 10. Armed conflict; 11. Criminal Responsibility; 12. Environmental protection.
£37.99
Cambridge University Press The Law of Good People
Book SynopsisThis book argues that existing enforcement strategies are not suitable for addressing the wrongdoing of 'good people' who are not fully aware of their misconduct. The book connects the theoretical puzzles raised by behavioral ethics to the vast literature on instrument choice and the various tools that policymakers can adopt to modify behavior.Trade Review'A fascinating, comprehensive exploration of the complexities of human motivations – and of how to get good people to do really good things. Opens up new vistas in behavioral science, and also in public policy. Highly recommended.' Cass R. Sunstein, Harvard University, Massachusetts'More than 40 years ago, economics revolutionized legal theory by analyzing the incentive effects of laws on people who are rationally self-interested. In recent years, cognitive psychology revolutionized law and economics by showing how legal incentives affect real people who are psychological, not purely rational. In The Law of Good People, Yuval Feldman provides a fresh perspective on laws aimed at motivating good people, as opposed to just deterring bad people. His creativity and knowledge of law, economics, and psychology will make readers rethink the incentive effects of laws and current theories of law and economics.' Robert Cooter, University of California, Berkeley School of Law'In the mid-twentieth century, Hannah Arendt was criticized for speaking about the banality of evil in describing Adolf Eichmann, and even today Stanley Milgram's experiments showing the ease of ordering people to harm others is difficult to comprehend. Since then, psychological evidence has accumulated, revealing the undeniable daily harms that emerge from the unintended actions of 'good' people. In this excellent book, Yuval Feldman brings all the best research to those interested in imagining the good society. He admirably polishes the grimy results of behavioral science experiments until they shine with solutions for political and legal reform. It is rare to see a scholar write with the broad sweep Feldman does, and even rarer to have one so effectively persuade that central concepts in the law - property, conflict of interest, discrimination - cannot remain in their present form if only we would confront the evidence already before us.' Mahzarin R. Banaji, Harvard University, Massachusetts'Should the law target the infamous Mr Hyde? No, says Yuval Feldman, who demonstrates why most individuals are not hard-nosed Mr Hydes. In fact, the law should be much more concerned with Dr Jekyll, who could turn into Mr Hyde at all times, but who will nevertheless convince himself that he remains the good-natured Dr Jekyll. In short, motivational plasticity, as Feldman explains, is a much bigger normative problem than merely being a 'bad person' in the first place. This book not only alerts legal academia to this idea, but also carefully discusses the implications for legal analysis and design.' Christoph Engel, Max Planck Institute for Research on Collective Goods'This book is the first to introduce the large and heterogeneous body of work on behavioral ethics to the world of law and legal policy. Drawing in part on the author's own pioneering experimental work, the book moves beyond the reigning enforcement-based approach with its focus on cognition and deliberation, and takes greater account of complex motivations, especially of people with a self-conception as being a good person. Feldman provides an important first installment on evaluating law and related interventions in the light of this promising new paradigm.' Henry Smith, Harvard Law School, Massachusetts'Weaving in disparate threads of economics and psychology, Professor Feldman delivers an exciting new approach to our understanding of ethical behavior. The implications of this work will influence our understanding of how to regulate good and evil for many years to come.' Jeffrey Rachlinski, Cornell Law School, New York'By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Professor Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world. A work of simply brilliant scholarship, The Law of Good People is a fully engaging, thought-provoking, informed and informative study that is unreservedly recommended for community and academic library Political Science, Judicial, and Contemporary Sociology collections and supplemental studies lists.' Library Bookwatch'In The Law of Good People: Challenging States' Ability to Regulate Human Behavior, Feldman's goal is to 'create a new branch of scholarship that focuses on the rule of law in a world populated by individuals with different levels of awareness of their own unethicality'. … The Law of Good People is a foundational work and as such it is a springboard rather than an ending. Feldman points to a host of thought-provoking questions in need of further research and deliberations, such as, 'How blind is a blind spot from a legal perspective of responsibility?' and 'Can we know ex ante in what mode of reasoning people will be when making a decision about the law?'. Many young scholars, and quite a few older ones, will find this book highly stimulating, inviting new thinking, and new lines of research as well as legal policy.' Amitay Ezioni, Institute for Communitarian Policy Studies'Feldman is rightly worried about the methodological limitations of behavioural ethics, and he is also right that there is nowhere near enough work to be confident about the underlying mechanisms behind these problems and the solutions to them. Many studies are small and experimental. Quirkiness is fun, but magic circle firms are not about to start building difficult-decisions suites stuffed with cuddly toys. Yet in these limitations is the central challenge: can ecologically realistic, methodologically robust, replicated studies develop our understanding of behavioural ethics further? Feldman and his collaborator's own studies are a rich resource here. Can regulators, or even lawyers and compliance managers, be encouraged to experiment with behavioural interventions? After all, lawyers need to be interested in both how rules work and how people behave ethically if they are to do their job effectively. Feldman's book shows us how important this could be.' Richard Moorhead, The Journal of Things We Like (Lots)'… Yuval Feldman [has] convincingly developed an illustrative access to the topic of regulation which can [be] characterized as pioneering since it breaks up [ingrained] concepts but offers new insights based on behavioral aspects in an intelligible manner. Thus, the book 'The Law of Good People' offers a solid foundation to [recalibrate] the concepts of regulation which makes it indispensable for any well-selected library.' Armin Kammel, translated from Österreichisches BankArchiv'The Law of Good People provides a comprehensive summary of an important body of research on Behavioral Ethics … will serve as a useful resource for legal scholars, lawyers, policymakers, and social scientists interested in law and legal institutions.' Janice Nadler, Michigan Law ReviewTable of Contents1. Introduction; 2. Behavioral ethics and the meaning of good people for legal enforcement; 3. Revisiting traditional enforcement interventions; 4. Revisiting non-formal enforcement interventions; 5. The role of social norms in legal compliance and enforcement; 6. Are all people equally good?; 7. Pluralistic account of the law: the multiple effects of law on behavior; 8. Enforcement dilemmas and behavioral trade-offs; 9. The corruption of 'good people'; 10. Discrimination by 'good' employers; 11. Summary and conclusion.
£31.37
Cambridge University Press The Public Law of Gender
Book SynopsisThe Public Law of Gender uses a sophisticated interdisciplinary analysis of international law, comparative law and governance to demonstrate how feminism translates in a global legal frame. It will be of interest to constitutional and statutory designers, advocates, adjudicators and scholars who work with the new public laws of gender.Table of ContentsIntroduction: a public law of gender? Katharine G. Young; Part I. Constitutional Design and Gendered Outcomes: 1. Feminisms and constitutions Vicki Jackson; 2. Deference and deferral: constitutional structure and the durability of gender-based nationality laws Kristin A. Collins; 3. The court and the women: structural litigation and grassroots organizing for internally displaced people's rights in Colombia Julieta Lemaitre and Kristin Bergtora Sandvik; Part II. Constitutional Design in a Global Setting: The Challenge of Local Custom: 4. Customary law, constitutional law and women's equality Susan H. Williams; 5. Customising equality in post-conflict constitutions Laura Grenfell; 6. Gender equality in international law and constitutions: mediating universal norms and local differences Vijaya Nagarajan and Archana Parashar; 7. Law as a placeholder for change? Women's rights and realities in Afghanistan Sari Kouvo and Corey Levine; Part III. Localising Participation and Voice through Law: 8. Polygamy: who speaks for women? Beverley Baines; 9. In her own voice: oral (legal) history's insights on gender and the spheres of public law Kim Rubenstein; Part IV. Governance, Government, and Gendered Measures: 10. Good governance, gender equality and political representation: ideas as points of disjuncture Sharon Bessell; 11. Women in government/governance in New Zealand: a case study of engagement over forty years Margaret Wilson; 12. Equality without freedom? Political representation and participation of women in Vietnam Huong Nguyen; 13. Gender, justice and statistics: the case of poverty measurement Scott Wisor; Part V. Governance, Equality and Non-Discrimination: 14. Gender and race in the constitution of groups: the limits of non-discrimination law in settler societies Kirsty Gover; 15. Rethinking the Australian model of promoting gender equality Dominique Allen; 16. Gender, governance and defence of the realm: globalising reforms in the Australian Defence Force Susan Harris Rimmer; Part VI. Global Governance and the Precepts of Public Law: 17. Feminisms, pluralisms and transnationalism: on CEDAW and national constitutions Vicki Jackson; 18. Governing gender justice and victims' rights through the International Criminal Court Louise Chappell; 19. International organisations as employers: searching for practices of fair treatment and due process rights of staff Osmat Jefferson and Innokenti Epichev; 20. Transcending gender inequity in an age of impunity: a gender critique of accountability in global administrative governance Rohan Kapur and Kellin Kristofferson; 21. The future we want: an ecofeminist comment on the UN Conference on Sustainable Development Kate Wilkinson.
£50.56
Cambridge University Press International Law 2nd Edition
£33.99
Cambridge University Press Freezing Injunctions in Private International Law
Book SynopsisThe extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts. By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof. Dr Šaranovic combines historical and comparative perspectives to identify several theoretical flaws in the court''s jurisdiction to grant this popular form of interim relief. The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the doTable of Contents1. Introduction; 2. Historical foundations of freezing injunctions; 3. Theoretical foundations of freezing injunctions; 4. Theoretical foundations of jurisdiction in private international law; 5. Application of jurisdictional theories; 6. Reform proposals; 7. The relationship between freezing injunctions and other interim relief; 8. Conclusions.
£80.75
Cambridge University Press The Institute of International Laws Resolution on
Book SynopsisThe Institute of International Law''s 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute''s Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.Table of ContentsPart I. Application to the Establishment of the Tribunal: 1. Forum; 2. Tribunal Part II. Application to the Procedure of the Tribunal; 1. Parties; 2. Pleading and evidence; 3. Substantive equality of arms.
£49.39
Cambridge University Press Democracy under God
Book SynopsisThis book employs an interdisciplinary approach to understanding the origins and role of Islam in constitutions of Muslim-majority states. It explains how and why Islam became constitutionally entrenched in some states and expands on the relationship between colonialism, constitutional Islam, secularism and human rights.Trade Review'In this book, Ahmed and Abbasi present a systematic argument and a powerful empirical lens to study the interface of religion, law, and politics in the Muslim world. Democracy under God presents an original and illuminating perspective on Islamic constitutionalism, which is supported by multi-disciplinary perspectives and a rich array of historical and contemporary empirical cases ranging from the Ottoman Empire to West Africa and Pakistan. This is a provocative and insightful book that will be of interest to a wide audience.' Adeel Malik, University of Oxford'In this wide-ranging book, Ahmed and Abbasi closely analyse the role of religious faith in the crafting of constitutions of diverse Muslim-majority countries. Taking nothing for granted while exploring the critical tension between human rights and Islam, the authors provide a profound insightful take that compels readers to question their assumptions. As a broad comparative study, the book is essential reading for scholars of law and religion, legal historians and constitutional law.' Nurfadzilah Yahaya, Yale UniversityTable of ContentsIntroduction; Part I. 1. Islamic constitutionalism: origins and present; 2. What is an Islamic constitution?; Part II. 3. Constitutional Islamisation and Islamic supremacy clauses; 4. Case studies; Part III. 5. Islamic supremacy clauses and rights – Islamic review in practice; Conclusion.
£26.99
Cambridge University Press International Human Rights Law Documents
Book SynopsisThis accessible collection of important international human rights documents is an essential resource for students and researchers of international human rights law. In addition to standard instruments such as the Universal Declaration, the 1966 United Nations Covenants and the European Convention and its Protocols, the volume also features topics and documents such as all core UN human rights treaties and their protocols, key international labour instruments and the obligations of the global financial organisations and multi-national corporations. Taking a broad and historical approach, the collection also incorporates Inter-American, African, Asian and Arab instruments alongside older UN documents and numerous soft law documents. Its approach reflects the diverse nature of international human rights law and the courses which now seek to teach it. This book is also valuable for students of international law, global governance and other courses which discuss the law of international huTable of ContentsPart I. Treaties and Associated Documents Adopted under the Auspices of or Relating to the League of Nations and United Nations; Part II. Declarations, Standard Setting and Other Relevant Documents Adopted under the Auspices of the United Nations Relating Directly to Human Rights Issues; Part III. UN Human Rights Institutions and Complaints Mechanisms and Procedures; Part IV. UN World Conferences and Summits; Part V. International Labour Organisation Documents; Part VI. International Financial Institutions; Part VII. African Union; Part VIII. ASEAN Documents; Part IX. Council of Europe Documents; Part X. Organisation of American States Documents; Part XI. Organisation of Islamic Cooperation, Arab and Islamic States; Part XII. Miscellaneous Documents.
£26.99
Bloomsbury Publishing PLC Core Statutes on Conflict of Laws
Book SynopsisWell-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams. This book includes:- European Union legislation including the Rome I and II Regulations and the Brussels Regulation (recast). - The New York, Lugano and Hague Conventions. - UK statutes, including the Private International Law (Miscellaneous Provisions) Act 1995, State Immunity Act 1978, and Civil Jurisdiction and Judgments Act 1982.
£7.49
Taylor & Francis Inc State Fragility Around the World
Book SynopsisFailed and fragile states often govern through the criminalization of otherwise inconsequential or tolerated acts. These weak states also frequently use kidnapping, murder, and other violent or oppressive tactics to maintain order and stay in power. State Fragility Around the World: Fractured Justice and Fierce Reprisal analyzes the path to state failure, one manifestation of which appears through the fragility and dysfunction of its criminal justice system. This book examines what happens when a government loses the ability, or will, to provide basic goods and services to its constituents.Acknowledging the tremendous variability of failed and fragile states, the case studies and analyses contained in this book suggest the existence of functional and structural attributes common across most state systems. The authors explore the plights of various states in which key elements related to their criminal justice systems are weak or fragile. States under examination inclTable of ContentsIntroduction: The State as System. Circumventing the System: Justice Delivery in Fragile States. Punishment in Fragile States. Terrorism in Fragile States. The Relationship between Transnational Crime and State Fragility. Gender Violence and Gender-Based Disparities in Fragile States. Case Study Georgia: A State on the Verge of Failure. Case Studies: Weak and Failing States. Concluding Thoughts.
£82.64
Edinburgh University Press The Faustian Pact in International Law
Book SynopsisExamines the significance of the Faustian pact in international law
£85.00
Bloomsbury Publishing PLC The Freedom of Peaceful Assembly in Europe
Book SynopsisThis volume presents an accessible overview of the current state of the legislation on the freedom of assembly in eleven selected member states of the Venice Commission: the UK, France, the US, Belgium, Germany, Turkey, the Russian Federation, the Ukraine, Poland, Hungary and Tunisia. The volume may serve as a work of reference for the researcher or practitioner who seeks specific information on the legal bases, restrictions, or implementation of the freedom of assembly in a specific country or on more recent themes such as the legal implications of flashmobs. It is also a helpful starting point for anyone interested in comparing the state of assembly legislation in Europe and beyond. Next to information on details of the domestic regulation of assemblies, each study contains information on recent events, changes and debates on the laws on assemblies. Examples are the handling of the Arab spring in Tunisia, freedom of assembly-implications and management of the Gezi Park protests in Turkey, or the constitutional upheavals in the Ukraine.
£114.00
