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Law
Law
Freedom of Expression
Comparative law
The Revolutionary Roots of American and French Legal Thought Ioanna Tourkochoriti | National University of Ireland, Galway
An Introduction to the Comparative Study of Private Law Readings, Cases, Materials Second edition James Gordley | Tulane University, Louisiana
This book places side by side the principal doctrines of private law of the United States, England, France, Germany and China. It presents the original sources and the historical background of these doctrines. It will be useful to international lawyers, students of comparative law, and scholars researching these doctrines. t Extensive collection of readings on the foundations of private law from a comparative perspective edited by a leading expert in the field t Presents the principal doctrines of the private law of the United States, England, France, Germany and China t Provides historical background and original sources showing at what point and why differences between legal systems emerged 700pp 1. 2021 9781108835848 Hardback GBP 89.99 / USD 120.00 1. 2021 9781108798884 Paperback GBP 46.99 / USD 59.99 eISBN 9781108869348
Arab Constitutionalism The Coming Revolution Zaid Al-Ali | Princeton University, New Jersey
This book will provide anyone who is interested in constitutional law, Arab politics and peace studies with an insider’s account and analysis of the wave of constitutional reform efforts that followed the 2011 uprisings. This book explains what happened, what did not happen and what is likely to happen. t Provides an insider’s perspective on the constitutional processes that followed the 2011 uprisings t Investigates whether the general population’s demands for change were met and what is likely to happen during the coming period t Offers a perspective on how constitutional frameworks can be amended in a way that is likely to contribute to stability and development 225pp 8. 2021 9781108429702 Hardback GBP 85.00 / USD 110.00 eISBN 9781108570824
Disrupting Africa Technology, Law, and Development Olufunmilayo B. Arewa | Temple University, Philadelphia
2020 #EndSARS protests in Nigeria exemplify how many African countries sit at the crossroads of past and potential future paths. This groundbreaking work examines how lawmaking and legal processes during and after colonialism have shaped contexts of new technologies in Africa today, placing young people at odds with governing powers. t Discusses the need for disrupting legal and other hangovers from colonialism to enable better future paths for people in Nigeria and elsewhere in Africa t Provides important, comparative examples of the impact of technology in developing countries t Examines lawmaking contexts in colonial and post-colonial Africa to enable a better understanding of the gaps between law on the books and law in practice
The divergence between French and American law in the protection of freedom of expression can be traced back to the two revolutionary traditions. This study explores the balancing between freedom of expression and other values in reference to the role of the government and the understanding of liberty. t Compares French and American approaches to free speech t Argues that this difference can be understood in reference to the understanding of liberty t Examines the political context of the two countries in relation to the development of their legal traditions ASCL Studies in Comparative Law 256pp 11. 2021 9781316517635 Hardback GBP 85.00 / USD 110.00 eISBN 9781009042789
New Private Law Theory A Pluralist Approach Stefan Grundmann | European University Institute, Florence
This book opens a new pathway to private law theory. It pushes private law theory out of its comfort zone and confronts it with law and economics, social and political sciences, comparative law and comparative history, transnational law and critical legal theory. t Develops a pluralist approach to private law which could inspire the interpretation of the law in concrete cases t Combines private law theory with law and economics, the sociology of law and other strands of social theory t Contrasts different strands of legal thought: English, French, German, Italian, European Union and American t Accessible to experienced and to young scholars working on private law 600pp 3. 2021 9781108486507 Hardback GBP 120.00 / USD 155.00 eISBN 9781108760089
State Neutrality The Sacred, the Secular and Equality Law Kerry O’Halloran
This book outlines the law relating to the church/ state relationship in contemporary Western nations. From the most recent and comprehensive data available, it forms a source of reference for national cases and legislation relating to religion. Drawing it all together, O’Halloran examines the differences between secular and religious law. t Analyzes the role of religion in civil society around the world t Includes an assessment of the law and practice relating to religion in Israel t Provides insight into important differences between Shari’a law and statute law 350pp 1. 2021 9781108481595 Hardback GBP 85.00 / USD 110.00 eISBN 9781108674430
300pp 7. 2021 9781107156692 Hardback GBP 89.99 / USD 115.00 7. 2021 9781316610039 Paperback GBP 29.99 / USD 39.99 eISBN 9781316661482
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Law
Competition law, anti-trust law Hong Kong Competition Law Comparative and Theoretical Perspectives Thomas K. Cheng | The University of Hong Kong
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This book will be of interest to those who would like to acquire a thorough understanding of the new competition law regime in Hong Kong. It will appeal to scholars, students and practitioners studying or researching issues in comparative competition law and global legal transplants. t Provides a comparative analysis of the Competition Ordinance (CO) drawing on the case law of overseas jurisdictions, including the US, the EU, the UK, and Australia t Offers a theoretical, contextual analysis of the CO as a piece of competition legislation operating in a small, highly concentrated economy t Provides a historical background to the enactment of the CO and recommendations for further reforms of the CO 400pp 9. 2021 9781108427753 Hardback GBP 95.00 / USD 125.00 eISBN 9781108553155
Populism and Antitrust The Illiberal Influence of Populist Government on the Competition Law System Maciej Bernatt
This book analyses the state of competition law in the current crisis of liberal democracies and free markets. It proposes a framework within which the influence of populists’ governments on competition law systems can be studied, and thus sheds light on the relationship between democracy, free markets, and competition law. t Provides a framework through which to analyze the influence of populism on competition law systems. t Sheds new light on the relationship between the democracy, free markets, and competition law. t Offers solutions to enhance the resilience of competition law systems. Global Competition Law and Economics Policy 300pp 1. 2022 9781108482837 Hardback GBP 85.00 / USD 110.00 eISBN 9781108609548
Reforming Antitrust Alan J. Devlin | Georgetown University, Washington DC
The rise of digital platforms and technology has hastened a debate about the regulation of corporate power in the United States. This book is for legislators, antitrust enforcers, private lawyers, and academics interested in questions of how best to reform our antitrust laws to address contemporary challenges. t Provides an in-depth review of the evidence concerning the relationship between market structure and outcomes t Evaluates the case that the US economy has become less competitive over the past four decades t Lays out numerous reforms that would move US antitrust law in a net positive direction 300pp 8. 2021 9781316518342 Hardback GBP 89.99 / USD 115.00 8. 2021 9781108999908 Paperback GBP 29.99 / USD 39.99 eISBN 9781009000260
Constitutional and administrative law, public law NEW IN PAPERBACK
Administrative Competence Reimagining Administrative Law Elizabeth Fisher | University of Oxford
This book is a provocative reimagining of administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in interdisciplinary, historical, and doctrinal analysis this book is a must-read for anyone interested in administrative law reform. t Presents a provocative argument for reimagining administrative law to encourage critical thinking among administrative scholars and lawyers t Addresses the institutional, historical and doctrinal aspects of administrative law to show readers how they need to think in different ways about administrative law t Sets out a framework for the reform of administrative teaching and practice to create a set of practical steps that can be taken to improve administrative law Cambridge Studies in Constitutional Law 356pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108870818
Carl Schmitt’s Early LegalTheoretical Writings Statute and Judgment and the Value of the State and the Significance of the Individual Lars Vinx | University of Cambridge
The 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. t Makes available in English translation two of Carl Schmitt’s early legal-theoretical works which are key sources for understanding the development of Schmitt’s thought t Provides an introduction and editorial material that will help to contextualize and assess Schmitt’s political and constitutional ideas t Brings Schmitt into conversation with jurisprudential debate Cambridge Studies in Constitutional Law 250pp 5. 2021 9781108494489 Hardback GBP 85.00 / USD 110.00 eISBN 9781108658300
Commercial Speech as Free Expression The Case for First Amendment Protection Martin H. Redish | Northwestern University, Illinois
This book will be of interest to scholars of law and American political theory, as well as to students studying in those fields. At the same time, it will be of great interest to lawyers representing clients who have an interest in expanding the level of First Amendment protection given to their commercial speech. t Presents a bold case for a dramatic extension of the protection that has been given to this point, applying it to a variety of important concrete issues and examples t Introduces a new four-perspective approach to First Amendment theory t Explains in detail how these theories apply to specific areas of commercial speech regulation of significant interest of large companies and their attorneys Cambridge Studies on Civil Rights and Civil Liberties 250pp 6. 2021 9781108417402 Hardback GBP 85.00 / USD 110.00
Law
10. 2021 9781108405003 Paperback GBP 29.99 / USD 34.99 eISBN 9781108277563
Constitutional Convergence in East Asia Po Jen Yap | The University of Hong Kong
The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process. t Explains why and how the apex courts in Hong Kong, Taiwan and South Korea have converged on constitutional law t Enhances understanding of how politics shape judicial behaviour t Identifies and analyses the key constitutional case-law in Hong Kong, Taiwan and South Korea Comparative Constitutional Law and Policy 250pp 12. 2021 9781108831178 Hardback GBP 85.00 / USD 110.00 eISBN 9781108923422
Democracy of Expression Positive Free Speech and Law Andrew T. Kenyon
Free speech has positive dimensions of enablement and negative dimensions of non-restraint. Both need protection in democracies, but free speech’s positive dimensions are too often overlooked. Drawing from media studies, political theory, and free speech case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. t Incorporates a wide range of literature from multiple disciplines and case law to help explain what positive free speech entails and how it can be pursued t Provides a detailed examination of German and French positive free speech law in English t Focuses on one aspect of positive free speech in particular: the structural diversity of public speech that is required for democratic government 250pp 6. 2021 9781108486163 Hardback GBP 84.99 / USD 110.00 6. 2021 9781108731898 Paperback GBP 26.99 / USD 34.99 eISBN 9781108645096
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Constitutional Transition and the Travail of Judges The Courts of South Korea Marie Seong-Hak Kim | St Cloud State University, Minnesota
The book offers a new perspective to Korean legal history by focusing on the judicial role in constitutional authoritarianism in the context of Korea’s political and constitutional transitions. It can be used as an accessible textbook on modern Korea. t Approaches modern Korean history from the perspectives of constitutional changes, major laws, and judicial cases t Explains the relationship between Korea’s national security issue and economic development in the 1970s t Discusses the concept of the authoritarian rule of law and the role of judges in Korean politics QQ C X JMMVT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Courting Constitutionalism The Politics of Public Law and Judicial Review in Pakistan Moeen Cheema | Australian National University, Canberra
This book is of immense relevance to anyone interested in the history of public law, constitutional politics, legal system and state structure in Pakistan. It is also of significant interest to the scholars of the judicial power, comparative constitutional law, constitutionalism in Asia and comparative administrative law. t Provides a distinctive contribution to the growing body of literature on ‘postcolonial legality’. t Situates Pakistan as a case-study in the judicialization of politics and governance literature. t Presents a deeply contextualized account of law in Pakistan and situates the judicial review jurisprudence of the superior courts. Cambridge Studies in Constitutional Law 256pp 10. 2021 9781108831888 Hardback GBP 85.00 / USD 110.00 eISBN 9781108913065
Electrified Democracy The Internet and the United Kingdom Parliament in History Andrew Blick | King’s College London
This is the first history and analysis of the impact of technology on the workings of the UK Parliament, situating it within the wider global debates on democracy in the age of the Internet, constitutional law and history, and ‘law and technology’. t Assesses how the UK Parliament came to adopt computers and the Internet from the 1960s onwards t Relates developments in the UK Parliament to wider controversies surrounding the Internet t Provides a long-term perspective on the connections between communication and democracy Law in Context 320pp 7. 2021 9781108473057 Hardback GBP 85.00 / USD 110.00 eISBN 9781108602006
Free Speech in the Balance Alexander Tsesis | Loyola University, Chicago
This book provides a comprehensive study of proportional analysis in free speech theory. It should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance. t Provides a deep and comprehensive study of free speech t Establishes an original theory that is robust enough for understanding, analyzing, and developing comprehensive analysis of complex free speech issues t Critiques and analyzes U.S. free speech doctrine 254pp 5. 2021 9781108439268 Paperback GBP 22.99 / USD 29.99 eISBN 9781108539463
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Law
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Fundamental Rights and the Legal Obligations of Business
Local Meanings of Proportionality
David Bilchitz | University of Johannesburg
Afroditi Marketou | Université du Luxembourg
This book investigates how to determine the substantive content of the legal obligations of corporations both to avoid harming fundamental rights and to contribute towards realising them. In doing so it outlines a multi-factoral approach for determining such obligations and proposes legal and institutional reforms nationally and internationally. t Explores the application of fundamental rights to a significant nonstate actor: the corporation t Addresses a major global challenge through developing an analytical legal framework for determining the substantive fundamental rights obligations of corporations t Engages with different normative models through which fundamental rights are applied to non-state actors at both the national and international level t Links robust conceptual theoretical discussions to concrete case law
This book develops an original interdisciplinary approach and provides rare empirical data that will be of interest to a wide range of academics and practitioners in comparative law, constitutional law, administrative law, global constitutionalism, European law, jurisprudence, and French, English and Greek public law. t Clearly presents an original theoretical and methodological approach for the study of differences in the use of proportionality and of legal transfers more generally t Provides empirical data as to the spread and application of proportionality in three different legal systems and in the context of European law t Unveils the expectations attached to proportionality by French, English and Greek legal actors
Cambridge Studies in Constitutional Law 350pp 10. 2021 9781108841948 Hardback GBP 110.00 / USD 140.00 eISBN 9781108895224
Judicial Review of Administrative Action Across the Common Law World Origins and Adaptation Swati Jhaveri | National University of Singapore
This book explores the origins of judicial review of administrative action in a wide selection of common law jurisdictions. It provides complex insights and considers the way in which these jurisdictions have received and adapted English common law to the needs of their own socio-political context. t Evolves the underdeveloped field of comparative administrative law and will appeal to readers who want to understand administrative justice systems and systems of judicial review t Interrogates the assumption that common law systems of administrative judicial review are the same, providing complex insights into a wide range of common law systems of administrative law t Contributes a sophisticated understanding of common law systems of administrative law to the field 450pp 3. 2021 9781108481571 Hardback GBP 95.00 / USD 125.00 eISBN 9781108674355
Law and Administration Fourth edition Carol Harlow | London School of Economics and Political Science
A well-known text, this book aims to help students not just of law, but also of sociology, economics and politics, to understand administrative law in action, and includes case studies to help students understand law in its socio-political context. t Students’ full understanding encouraged with discussion of the law and its socio-political context t New pedagogy includes student-focused questions, and introductions and conclusions to every chapter t Completely updated to track the changing context of public administration and administrative law and reflect radical changes in the field. Law in Context 654pp 7. 2021 9781107149847 Hardback GBP 110.00 / USD 145.00 7. 2021 9781316604373 Paperback GBP 49.99 / USD 59.99 eISBN 9781316576496
Cambridge Studies in Constitutional Law 320pp 7. 2021 9781108834483 Hardback GBP 85.00 / USD 110.00 eISBN 9781108993364
Property Rights and Social Justice Progressive Property in Action Rachael Walsh | Trinity College Dublin
The book analyses the function and operation of constitutional property rights guarantees that mediate social justice and private ownership from theoretical and doctrinal perspectives. It draws lessons for the development of ‘progressive property’ theory from Irish constitutional property law. t Provides a fresh critical perspective on two key debates in constitutional property law and theory: the function and impact of constitutional property clauses; the systemic implications of social justice oriented approaches to constitutional property rights adjudication t Contributes a new dimension to the development of ‘progressive’ property theory by connecting theory and practice through the prism of new, highly relevant doctrinal analysis of the mediation of property rights and social justice t Introduces a new example to global debates in comparative constitutional property law through a comprehensive analysis of Irish law, which uniquely in the English-speaking, common law world protects private ownership as an institution and an individual right while subjecting it to restriction to secure social justice Cambridge Studies in Constitutional Law 300pp 6. 2021 9781108426930 Hardback GBP 85.00 / USD 110.00 eISBN 9781108551373
Law
Remedies for Human Rights Violations A Two-Track Approach to Supra-national and National Law Kent Roach | University of Toronto
There are many books about the promises made by human rights but few that deal with the remedies that are and should be available when rights are violated. This book examines remedies in international law but also the domestic law of the US, UK, South Africa, New Zealand and Canada. t Examines remedies in international and domestic human rights law t Examines a broad range of remedies from interim remedies, damages, remedies in the criminal process, and remedies for social, economic, cultural and Indigenous rights t Defends a two-track approach to remedies that distinguishes between individual and systemic measures Cambridge Studies in Constitutional Law 450pp 4. 2021 9781108417877 Hardback GBP 99.99 / USD 130.00 4. 2021 9781108405973 Paperback GBP 38.99 / USD 49.99 eISBN 9781108283618
Ruling by Cheating Governance in Illiberal Democracy András Sajó | Central European University, Budapest
Populist, illiberal regimes that claim power in the name of relative majorities are often characterized as quasi-authoritarian. Analysing the constitutional system of illiberal democracies and illiberal phenomena in ‘mature democracies’, the author argues that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. t Explains the role of law in victorious populism t Exposes the shortcomings of the democratic constitutional system that allow populism to flourish t Contributes to the ongoing rule of law debate in the European Union Cambridge Studies in Constitutional Law 320pp 8. 2021 9781108844635 Hardback GBP 84.99 / USD 105.00 8. 2021 9781108948630 Paperback GBP 26.99 / USD 34.99 eISBN 9781108952996
Saving the Freedom of Information Act Margaret B. Kwoka | Ohio State University
Scholars and policymakers concerned with government oversight and accountability should know who transparency laws predominately serve. Using comprehensive data analysis, original interviews, and site visits to federal agencies, this volume provides the most robust empirical account of FOIA requesters to date, with concrete proposals for reform. t Synthesizes data from sixty federal agencies, covering approximately three-quarters of all FOIA requests to show who is using FOIA and why t Offers policy reforms to relieve the pressure on FOIA while preserving public access to information t Documents how the news media still make important use of FOIA despite the law’s limitations 280pp 10. 2021 9781108482745 Hardback GBP 79.99 / USD 105.00 10. 2021 9781108710893 Paperback GBP 26.99 / USD 34.99 eISBN 9781108697637
The Brexit Challenge for Ireland and the United Kingdom Constitutions Under Pressure Oran Doyle | Trinity College Dublin
This book examines the challenges of Brexit for the legal and political landscape in the UK and in Ireland and for the relationship between the two countries. It will appeal to anyone wishing to inform themselves more deeply about the political and constitutional pressures exerted by Brexit. t Offers a broad-ranging assessment of the constitutional effects of Brexit, helping readers to understand the myriad constitutional issues that have arisen in the course of the Brexit process, and to evaluate their longer-term implications t Considers the intertwined constitutional implications of Brexit for both Ireland and the UK t Draws together a range of leading scholars from the UK and Ireland, combining expertise from law, history and political science 350pp 8. 2021 9781108832922 Hardback GBP 85.00 / USD 110.00 eISBN 9781108966399
The Constitution of Arbitration Victor Ferreres Comella | Universitat Pompeu Fabra, Barcelona
This non-technical introduction to the most important types of arbitration is especially useful for students of law, offering an original argument on the constitutional grounding of arbitration. The book also adds to debates on the dangers of using arbitration in certain fields, including those involving consumers, employees, and foreign investors. t Introduces readers to the diversity of possibilities in the world of arbitration with examples from a variety of jurisdictions t Discusses the grounds and limitations of arbitration using constitutional principles t Written in clear language that avoids unnecessary technicalities Comparative Constitutional Law and Policy 280pp 3. 2021 9781108842839 Hardback GBP 85.00 / USD 110.00 eISBN 9781108906395
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The Double-Facing Constitution Jacco Bomhoff | London School of Economics and Political Science
How do constitutions deal with ‘foreignness’ with legal norms from other legal systems, with individuals from elsewhere, or with the operation of their own rules abroad? These questions, often marginal in constitutional theory, are central to this book and to the view of ‘double-facing’ constitutional law that it develops and illustrates. t Puts constitutional law and theory in a broader context of international law, foreign relations and cross-border movement t Connects theory and detailed case studies in different areas of law t Connects current topics in areas such as foreign relations law to classic debates in legal and constitutional theory 441pp 7. 2021 9781108707190 Paperback GBP 27.99 / USD 41.99 )BSECBDL (#1 64% eISBN 9781108751483
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Law
The Judge, the Judiciary and the Court Individual, Collegial and Institutional Judicial Dynamics in Australia Gabrielle Appleby | University of New South Wales, Sydney
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This book is for lawyers, judges, academics, and anyone interested in the contemporary state of the Australian judiciary. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote judicial values. t An exploration of how individual judges must operate within the collegial and institutional dynamics of the court t Focuses on the Australian judiciary, drawing on comparative experiences and literature, particularly the UK t Examines contemporary challenges facing the Australian judiciary, including judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture 278pp 4. 2021 9781108494618 Hardback GBP 85.00 / USD 110.00 eISBN 9781108859332
The Mind of the Censor and the Eye of the Beholder The First Amendment and the Censor’s Dilemma Robert Corn-Revere
This book is for anyone who wants to know more about how protections for free expression became part of the American identity and why freedom of speech is vitally important. By exploring historic examples, it explains why in a free society the censor never occupies the moral high ground. t Tells the story of how free speech developed in the United States in reaction to those whose mission was to suppress it t Uses readable, engaging stories that explore historic episodes that were instrumental in the transformation of American law and culture, and that establish the context for understanding the evolution of free speech protections t Explains the value of free speech by highlighting the dangers of censorship and the mindset of those who place no value on freedom of expression 384pp 11. 2021 9781107129948 Hardback GBP 69.99 / USD 89.99 11. 2021 9781107570375 Paperback GBP 22.99 / USD 29.99 eISBN 9781316417065
The New Fourth Branch Institutions for Protecting Constitutional Democracy Mark Tushnet | Harvard Law School, Massachusetts
Institutions protecting constitutional democracy, such as election commissions and anticorruption investigators, are an increasingly important feature in modern constitutions. The book explains why these institutions are needed in a world where competition among political parties can undermine rather than protect democracy. t Offers a general theory of institutions protecting constitutional democracy, providing insight into emerging issues of constitutional design t Provides case studies of important constitutional episodes to illustrate how these new institutions work t Examines a range of institutions protecting constitutional democracy Comparative Constitutional Law and Policy 220pp 9. 2021 9781316517833 Hardback GBP 69.99 / USD 89.99 9. 2021 9781009048491 Paperback GBP 22.99 / USD 29.99 eISBN 9781009047609
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The Politics of Court Reform Judicial Change and Legal Culture in Indonesia Melissa Crouch | University of New South Wales, Sydney
Indonesia’s courts are an important part of its democratic system of governance and have undergone major reform since 1998. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. t Provides a comprehensive overview of the complex system of general and specialised courts in Indonesia t Expert contributors offer original research and bring a wide range of disciplinary perspectives and methodological inquiries to the study of courts in Indonesia t Informs debates on judicial reform strategies and offers an empirical analysis of Indonesia’s court reforms 447pp 6 b/w illus. 13 tables ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108636131
The Veil of Participation Citizens and Political Parties in ConstitutionMaking Processes Alexander Hudson
Addressing fundamental debates in constitutional law, political theory, and comparative politics, Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes. The book is for anyone studying political institutions, political participation, and processes of legal change. t Establishes new connections between fields of research on political parties, participatory democracy, and constitutional law t Suggests new pathways of research and changes in the way that constitution-making processes are structured t Revises our understanding of the interaction between elites and citizens in constitution-making processes Comparative Constitutional Law and Policy 280pp 5. 2021 9781108840071 Hardback GBP 85.00 / USD 110.00 eISBN 9781108878685
Towering Judges A Comparative Study of Constitutional Judges Rehan Abeyratne | The Chinese University of Hong Kong
This volume is the first to explore how the influence of judicial personas has brought about constitutional change. Chapters convey the personal history of these judges, their lively debates, and the turbulent context in which many of them operated. The book is for scholars of law, political science, and history. t Explains judicial tactics and judicial leadership with a comparative, interdisciplinary perspective t Introduces readers to leading judges from jurisdictions around the world, such as the United States, United Kingdom, Canada, Australia, India, Nepal, and Chile t Categorizes judges along different dimensions of ‘toweringness’, modes of operation, and political and historical contexts Comparative Constitutional Law and Policy 350pp 3. 2021 9781108840217 Hardback GBP 85.00 / USD 110.00 eISBN 9781108879194
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TEXTBOOK
Turpin and Tomkins’ British Government and the Constitution Text and Materials Eighth edition Alison L. Young | University of Cambridge
This an updated edition of an authoritative textbook that places the law in its context. It examines Brexit, referendums, evolving devolution and dramatic political events of 2019 and their impact on the traditional understanding of the Westminster Constitution. It also analyses the two recent constitutional decisions of the Supreme Court. t Extracts from a wide range of sources show how the law is created, interpreted and used, with materials fully integrated into the text giving a well-rounded historical and contextual approach t Uses modern and well-known examples to introduce students to the subject, including Brexit and the Covid-19 pandemic t Pedagogical features include introductions that establish how current issues fit the theme of the chapter t Gives extensive coverage of judicial review Law in Context 1088pp 4. 2021 9781108707381 Paperback GBP 44.99 / USD 58.99 eISBN 9781108752268
Contract law NEW IN PAPERBACK
Understanding the Law of Assignment C. H. Tham | Singapore Management University
Focusing on equitable assignment, and ‘statutory’ assignment pursuant to Law of Property Act 1925, section 136(1), this book shows that equitable assignment is a sui generis institution comprising a ‘bare trust’, and an unusual form of agency. This book will interest lawyers and researchers in this area of the law. t Extensive application of Hohfeldian terminology and analysis shows how different ways of dealing with intangible assets affect the relationships between the parties dealing in those assets, as well as third parties interacting with those assets t Provides examples to illustrate how the law on equitable and statutory assignment operates and allows for clearer understanding of the detailed steps in the operation of the law t Offers extensive and detailed examination of the pre- and postSupreme Court of Judicature Act 1873 position and reveals how this law has developed QQ UBCMFT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Corporate law, commercial law, company law NEW IN PAPERBACK
A Case for Shareholders’ Fiduciary Duties in Common Law Asia Ernest Lim | National University of Singapore
This book, which challenges and deepens one’s understanding of the key issues concerning shareholders, will appeal to a broad audience, ranging from students and scholars to judges, policy makers and regulators of comparative company law, comparative corporate governance, comparative securities regulation, private law, and Asian jurisdictions. t Explores the role of the general meeting and shareholders in four common law jurisdictions in Asia, thus enabling readers to evaluate and reconsider the functions of shareholders t Provides an in-depth analysis of the problems related to controlling shareholders and institutional investors in concentrated ownership jurisdictions t Includes a contextual examination of four leading Asian jurisdictions combined with an analysis of case law, statutes, codes and listing rules International Corporate Law and Financial Market Regulation 654pp 5 b/w illus. 8 tables ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108629065
Contract law and Social Morality Peter M. Gerhart | Case Western Reserve University, Ohio
This book is for lawyers and scholars who seek to understand how successful relationships, and judicial decisions concerning unsuccessful relationships, reflect the obligation to consider the well-being of others. It provides a practical, intuitive method of identifying and evaluating factors and values that matter when relational disputes arise. t Introduces a method of reasoning about contractual obligations that is not restricted by doctrine to demonstrate a unified theory of obligations that undergirds torts, contracts, and property t Suggests a method of reasoning that integrates deontic and consequentialist thought that breaks down barriers that separate moral and economic reasoning and allows scholars to work across disciplinary boundaries t Identifies factors and values that determine legal doctrine in order to increase transparency by allowing lawyers and scholars to identify and evaluate the factors and values that support doctrinal implementation and evolution 250pp 2. 2021 9781107136762 Hardback GBP 85.00 / USD 110.00 eISBN 9781316480106
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Law
Corporate Governance and Responsible Investment in Private Equity Simon Witney | London School of Economics and Political Science
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This examination of the private equity model is for academics, practitioners, and policymakers. Witney analyses the incentives and corporate governance practices of private equity-backed companies, which are increasingly important players in the global economy. Good governance, he argues, is a key success factor for the private equity industry. t Presents a revised theory of private equity governance that addresses the gaps in existing academic theory t Assists academics and practitioners in analysing and applying the law, and helps policymakers in considering law reform t Demonstrates identified good practices and facilitates comparative benchmarking International Corporate Law and Financial Market Regulation 250pp 1. 2021 9781108485883 Hardback GBP 85.00 / USD 110.00 eISBN 9781108641838
Fiduciary Obligations in Business Arthur B. Laby
Academics, lawyers, and judges regularly grapple with difficult questions regarding fiduciary duties in business and how they differ across a range of firms. This volume assembles diverse but complementary perspectives from leading scholars on doctrinal, historical, and policy issues in fiduciary obligations and corporate governance. t Offers perspectives from 19 leading scholars of business law t Examines both doctrinal and theoretical issues in fiduciary law as applied to business and corporate governance t Brings readers up to date with fiduciary and corporate governance debates over the past several decades 400pp 9. 2021 9781108485128 Hardback GBP 150.00 / USD 195.00 eISBN 9781108755849
Founders without Limits Dual-Class Stock and the Premium Tier of the London Stock Exchange Bobby V. Reddy | University of Cambridge
Straddling the disciplines of company law, economics, business and finance, this book explores dual-class stock, one of the hottest corporate governance topics, in the context of founders and the UK tech-scene, as well as comprehensively covers the subject’s international breadth as a guide for lecturers, academics, practitioners and policymakers. t a one-stop shop for understanding the rules pertaining to dual-class firms on the principal global stock exchanges t collates all the principal secondary sources on dual-class stock t critically evaluates whether the UK should be more welcoming to dualclass stock, taking into account existing laws, regulations, and recently proposed reforms t challenges the orthodox view that dual-class stock is harmful to public shareholders International Corporate Law and Financial Market Regulation 320pp 1. 2022 9781108839358 Hardback GBP 85.00 / USD 110.00 eISBN 9781108989893
Measuring Compliance Assessing Corporate Crime and Misconduct Prevention Melissa Rorie | University of Nevada, Las Vegas
This book provides the first comprehensive overview of the different approaches to measure corporate compliance. It addresses the strengths and weaknesses of various methods and offers both academics and practitioners guidance in how to best use each measure (or multiple measures) for different purposes. t Brings together scholar and practitioner perspectives t Provides a comprehensive list of research methodologies t Accessible to people less familiar with compliance scholarship Cambridge Law Handbooks 350pp 2. 2022 9781108488594 Hardback GBP 145.00 / USD 190.00 eISBN 9781108770941
Reconstructing the Corporation From Shareholder Primacy to Shared Governance Grant M. Hayden
This book critically examines shareholder primacy and its principal manifestation in corporate law: the exclusive shareholder franchise. It presents a new model of corporate governance, fully consistent with economic theory of the firm and democratic participation theory, that supports shared board representation between shareholders and employees. t Critically examines all of the main arguments for extending corporate voting rights to shareholders alone t Examines the basic precepts of shareholder primacy from the point of view of standard economic and social choice theory t Presents a new shared governance model of corporate governance that would involve shared control by shareholders and employees 284pp 3. 2021 9781107138322 Hardback GBP 74.99 / USD 99.99 3. 2021 9781316502914 Paperback GBP 26.99 / USD 34.99 eISBN 9781316481325
Schemes of Arrangement Theory, Structure and Operation Second edition Jennifer Payne | University of Oxford
This book performs a critical, contextual and comparative analysis of schemes and their uses and will be invaluable for those wishing to understand schemes of arrangement, whether from a practical or academic perspective. t Puts forward a rigorous academic analysis which considers not just how schemes of arrangement work and the form of transactions undertaken, but also the policy considerations underlying these transactions t Provides the reader with a deeper understanding of the theoretical and policy background, and considers possible areas of reform t Undertakes a comparative analysis of overseas jurisdictions that have adopted the English scheme of arrangement and some of the functional equivalents adopted elsewhere t This new edition examines recent developments in the area and considers further structures of reform 508pp 12. 2021 9781108835329 Hardback GBP 110.00 / USD 140.00 eISBN 9781108883672
Law
The Cambridge Handbook of Compliance
Venture Capital Law in China
Benjamin van Rooij
This book examines the law and practice of venture capital in China. Using an extensive dataset, it compares the world’s largest markets – the US and China. This comprehensive evaluation of the past, present and future of venture capital in China is a must read for scholars, policy makers and practitioners. t Provides a comprehensive and timely assessment of the Chinese venture capital market using a detailed and insightful analysis of the latest legal developments and practices within China t Introduces the special characteristics of the Chinese venture capital market and its distinctive legal problems based on hand-collected quantitative and qualitative data t Compares the legal framework and common practices found in the two largest venture capital markets in the world – China and the United States
Combining conceptual insights with empirical data, this handbook explains what compliance is, what mechanisms and interventions shape it, how it is studied, and how it functions in practice across different sectors. It is for academics studying compliance and regulation and professionals managing compliance systems or forms of regulatory oversight. t Introduces extant literature from across different fields and synthesizes these works for researchers and practitioners t Builds an integrated understanding of compliance that crosses disciplinary boundaries and corrects common misunderstandings t Adopts a broad view of compliance that accounts for different types of rules and for both individual and organizational conduct Cambridge Law Handbooks 800pp 5. 2021 9781108477123 Hardback GBP 190.00 / USD 250.00 eISBN 9781108759458
The Cambridge Handbook of Law and Entrepreneurship in the United States
Lin Lin | National University of Singapore
International Corporate Law and Financial Market Regulation 300pp 2. 2021 9781108423557 Hardback GBP 85.00 / USD 110.00 eISBN 9781108528795
Criminal law
D. Gordon Smith
Promoting entrepreneurial action is a fundamental goal of the U.S. legal system. Assembling legal experts from diverse fields, this volume examines how law facilitates or impedes entrepreneurial action. The book is a definitive source for students, academics, policy makers, and practitioners. t Develops an analytic framework based on the notion that the core function of entrepreneurs is to challenge incumbency t Provides a broad view of three domains in which law affects entrepreneurial action: lawmaking, governance, and incentives t Offers perspectives from subject-matter experts in a variety of legal specialties Cambridge Law Handbooks 600pp 11. 2021 9781107171954 Hardback GBP 175.00 / USD 225.00 eISBN 9781316771105
The Foundations of AngloAmerican Corporate Fiduciary Law David Kershaw | London School of Economics and Political Science
Designed to enhance our understanding of the development of contemporary corporate fiduciary law. This book explores the foundations of the ideas and concepts that structure modern corporate fiduciary law and explains the drivers of the diverging approaches taken in the US and UK. t Provides a detailed account of the foundations of corporate fiduciary law and enhances the reader’s understanding of fiduciary law t Demonstrates the shared origins of many of the core policy concepts in modern US and UK company law, illustrating that the current legal position is explained by modern policy choices t Challenges dominant theories of corporate legal change and highlights the limited explanatory power of charter competition in this context International Corporate Law and Financial Market Regulation 547pp 1. 2021 9781107465305 Paperback GBP 29.99 / USD 44.99 eISBN 9781316135891
Day Fines in Europe Assessing Income-Based Sanctions in Criminal Justice Systems Elena Kantorowicz-Reznichenko | Erasmus Universiteit Rotterdam
How can criminal sentencing be made more equal and yet more deterrent? This book provides the first comprehensive comparative analysis of the unique system of income-dependent fines - day fines - in Europe, which accounts not only for the severity of the offence but also for the income of the offender. t The first comprehensive overview and analysis of day fines in Europe t Aimed at scholars, policy makers and Criminal law practitioners t Provides clear policy recommendations and future research directions 400pp 7. 2021 9781108490832 Hardback GBP 120.00 / USD 150.00 7. 2021 9781108796439 Paperback GBP 39.99 / USD 49.99 eISBN 9781108855020
Juries, Lay Judges, and Mixed Courts A Global Perspective Sanja Kutnjak Ivković | Michigan State University
Many countries rely on ordinary citizens to decide criminal cases. This book provides an in-depth analysis of the different forms of lay participation, including juries, mixed courts, lay courts, and lay magistrates. The readers will learn how lay participation is being embraced, rejected, or reformed in countries around the world. t Surveys citizen participation in the administration of justice across the world to show how widespread lay participation t Incorporates in-depth analyses of different forms of citizen participation in legal decision-making t Includes both a theoretical model of citizen participation and critical assessments of its operation in practice ASCL Studies in Comparative Law 350pp 7. 2021 9781108483940 Hardback GBP 85.00 / USD 110.00 eISBN 9781108669290
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Rejecting Retributivism Free Will, Punishment, and Criminal Justice Gregg D. Caruso
Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. This book argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical. It will interest philosophers, criminologists, forensic psychologists, and legal scholars. t Explains and defends the arguments for free will skepticism t Provides specific policy proposals for implementing a public health approach to crime prevention t Identifies and documents the social determinants of criminal behavior
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Law and the Cognitive Sciences 280pp 4. 2021 9781108484701 Hardback GBP 85.00 / USD 110.00 9. 2021 9781108723480 Paperback GBP 21.99 / USD 32.99 eISBN 9781108689304
Sex Offender Registration and Community Notification Laws An Empirical Evaluation Wayne Logan
This volume is the first book-length treatment of how sex offender registration and notification (SORN) laws work, who they cover, and what we know about their effects. Assembling research from leading experts, the book is a critically important resource for policy makers, researchers, journalists, judges, and legal advocates. t Presents key historical background that contextualizes current SORN laws and research t Provides a framework for understanding essential empirical research to help readers think carefully about the complexities of criminal justice policy and its potential reform t Discusses the future of SORN laws, including how they relate to other emerging community-based social control strategies. 300pp 6. 2021 9781108420020 Hardback GBP 85.00 / USD 110.00 eISBN 9781108328425
The Archival Politics of International Courts Henry Alexander Redwood | South Bank University, London
As the first analysis of the archives of international courts, examining how these archives produce particular understandings of what the ‘international community’ is, the book is essential reading for IR and ILAW scholars and archival scientists, as well as historians interested in the relationship between history, memory and law. t Provides an interdisciplinary reading of the practice of international courts t Provides the first sustained analysis of the archives produced by international courts t Interrogates the relationship between international courts, archives, and the formation of the international community t Detailed overview of the ICTR as an important institution of international criminal justice Cambridge Studies in Law and Society 224pp 8. 2021 9781108844741 Hardback GBP 85.00 / USD 110.00 eISBN 9781108953498
Dispute resolution, mediation and arbitration China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ Wenhua Shan | Xian Jiaotong University, China
A timely study by leading authorities of China’s role in international dispute resolution in the context of the ‘Belt and Road Initiative’. Providing the first comprehensive analysis of China’s policy and practice in international dispute resolution, particularly in the fields of trade, commerce, investment laws and the law of the sea. t Provides a timely study of international dispute resolution in the context of the ‘Belt and Road Initiative’, a useful reference for teachers and students in international law, international dispute resolution, and China in the modern world t Features in-depth analysis of cases in the fields of international trade law, international investment law, and international law of sea t Offers a comprehensive examination of China’s participation in various fields of international dispute resolution 720pp 2. 2021 9781108473392 Hardback GBP 135.00 / USD 175.00 eISBN 9781108561976
TEXTBOOK
Dispute Management Pauline Collins | University of Southern Queensland
Dispute Management is an introduction to dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration. t Presents an holistic student textbook, adopting an integrative approach t A praxis style is utilised, combining the learning of theory with the practising of skills and techniques in dispute management t Covers the full range of techniques, with some not presented in other texts 476pp 11. 2021 9781108794718 Paperback GBP 87.99 / USD 120.00 eISBN 9781108881791
Law
Multi-Tier Approaches to the Resolution of International Disputes A Global and Comparative Study Anselmo Reyes
This book explores multi-tier dispute resolution (MDR) as an increasingly popular means to resolve disputes. For scholars, legal practitioners and policy makers, it includes a global survey of MDR, detailed country reports and case studies authored by experts in Asia and the wider world, with insightful observations and suggestions throughout. t Provides a comprehensive global survey of multi-tier dispute resolution, drawing comparisons and contrasts between the views and approaches in the East and the West t Includes detailed country reports from expert contributors around the world, allowing readers to confidently understand how multi-tier dispute resolution are used t Examines thoroughly the idea of multi-tier dispute resolution by considering its theoretical underpinnings, advantages and disadvantages, combined with practical observations from the contributors 400pp 2. 2022 9781108490603 Hardback GBP 135.00 / USD 210.00 2. 2022 9781108796057 Paperback GBP 44.99 / USD 59.99 eISBN 9781108854306
The Cambridge Companion to International Arbitration C. L. Lim | The Chinese University of Hong Kong
Written by experts, this book is an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader. It contains a survey of the history, the main issues and the latest developments in a single, handy volume. t Contains in a single volume discussion of the principal forms of international arbitration t Includes expert perspectives from both scholars and practitioners t Covers the history of the field right up to the latest developments Cambridge Companions to Law 500pp 10. 2021 9781108480598 Hardback GBP 89.99 / USD 120.00 10. 2021 9781108727785 Paperback GBP 29.99 / USD 39.99 eISBN 9781108635752
The Cambridge Handbook of Class Actions An International Survey Brian T. Fitzpatrick
This volume is for academics, lawyers, and policymakers seeking to understand some of the biggest lawsuits across the world. Contributing authors describe and assess class action procedure (or its equivalent) in nearly two dozen countries, provide empirical data on how regions are implementing the procedure, and make recommendations for reform. t The first scholarly work to gather and consolidate data on aggregate litigation from across the globe t Covers the most active class action jurisdictions, as well as those with unique features, such as the constitutional guarantee in South Africa and the use of arbitration in Brazil t Discusses who can initiate the class action procedure, in what kinds of cases, and for what types of relief Cambridge Law Handbooks 450pp 2. 2021 9781108488587 Hardback GBP 160.00 / USD 210.00 eISBN 9781108770927
The Legitimacy of Investment Arbitration Empirical Perspectives Daniel Behn | Universitetet i Oslo
International investment arbitration remains a highly controversial area of international law. This book provides a fresh contribution by adopting a thoroughly empirical approach. Based on new datasets and a range of empirical methods, the contributors analyse claims and counter-claims about the regime’s legitimacy and how it might be reformed. t Clarifies the ‘legitimacy’ concept and employs a framework for assessing the legitimacy of international legal institutions using empirical methods and data t Introduces new data on international investment arbitration, arbitration actors and institutions, investment treaties, and foreign investment legislation t Provides inter- and multi-disciplinary approaches to international investment arbitration and allows readers to obtain multiple perspectives and a broader understanding of the topic Studies on International Courts and Tribunals 400pp 10. 2021 9781108837583 Hardback GBP 95.00 / USD 125.00 eISBN 9781108946636
The Three Ages of International Commercial Arbitration Mikaël Schinazi
A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies. t Sets out a new narrative of the history of international commercial arbitration t Includes a wealth of new information about the International Chamber of Commerce and its Court of Arbitration t Offers insight into present debates and controversies in the field Cambridge Studies in International and Comparative Law 400pp 2. 2022 9781108835176 Hardback GBP 95.00 / USD 125.00 eISBN 9781108891837
Employment law, labour law NEW IN PAPERBACK
Beyond the Algorithm Qualitative Insights for Gig Work Regulation Deepa Das Acevedo
This volume provides insights on gig work regulation that are inaccessible except through qualitative empirical research. It will appeal to anyone interested in the gig economy, labor and employment law, industrial and labor relations, applied social science, technology and work, state and local regulation, and interdisciplinary legal studies. t Draws upon a variety of qualitative methods such as interviews, participant observation, and surveys t Provides a unique bridge between two disciplinary approaches to studying gig work: social science and the law t Showcases the value of qualitative research for law scholars, policymakers, and workers’ advocates QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
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Law
The Cambridge Handbook of Labor and Democracy Angela B. Cornell | Cornell University, New York
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The connection between organized labor and democracy in contemporary global politics is not well understood. This handbook fills that gap by exploring the role of labor in constructing democratic regimes; deepening democracy by expanding social and economic citizenship rights; and defending democracy against authoritarian challenges. t An interdisciplinary perspective on the intersection of law and democracy t Responds to the threat to democracy around the world and the diminishing role of labor unions t Includes comparative analysis of case studies from the Americas, Europe, Africa, and Asia Cambridge Law Handbooks 550pp 12. 2021 9781108839884 Hardback GBP 150.00 / USD 195.00 eISBN 9781108885362
6. 2021 9781107696280 Paperback GBP 39.99 / USD 49.99 eISBN 9781139600316
Climate Rationality From Bias to Balance Jason S. Johnston
Johnston unpacks and critiques the legal, economic, and scientific basis for precautionary climate policies pursued in the United States. In doing so, he reveals an alternative approach to climate change policy that would enable the US to efficiently adapt to a changing climate and radically reduce its greenhouse gas emissions. t Provides a succinct and clear discussion of major findings in climate science that are crucial to policy design t Chapters examine the details of precautionary climate policy issue by issue, delving into policies like the Clean Air Act t Uses economics to provide new insights into the institutional determinants of the human ability to adapt to climate change 280pp 8. 2021 9781108415637 Hardback GBP 84.99 / USD 110.00 8. 2021 9781108401753 Paperback GBP 29.99 / USD 39.99 eISBN 9781108234917
The Virtual Workplace Public Health, Efficiency, and Opportunity Joseph A. Seiner | University of South Carolina
Explores the emerging issues of virtual work— defining employment, litigating claims, aggregating cases, unionizing workers, and preventing harassment—and how employers have turned to technology during the pandemic. As work moves further into the virtual context, we must find new ways of framing employment laws to keep pace with these changes. t Provides examples of inter-disciplinary and multi-disciplinary science in action to show how different disciplines can interact t Introduces the theory step-by-step using ordinary-language explanations and examples throughout to create an accessible theory without specialized training in international relations theory or formal logic t Proposes a new way of analyzing workplace disputes arising in the technology sector t Addresses timely events of pandemic and discusses the importance of virtual work during uncertain times using up-to-date resource for those interested in the workplace laws and rules for virtual work 250pp 6. 2021 9781108483711 Hardback GBP 74.99 / USD 99.99 6. 2021 9781108718028 Paperback GBP 22.99 / USD 29.99 eISBN 9781108652148
Companies and Climate Change Theory and Law in the United Kingdom Lisa Benjamin
This book can help students, scholars and practitioners identify the overlaps and tensions between company and Environmental law. Connecting diverse areas such as international Environmental law, climate and energy law, human rights law, and investor action, Benjamin argues that company law can be a bridge to corporate climate action. t Shows how dominant corporate theories and norms have had an overall negative impact on corporate action on climate change t Proposes a new view of corporate theories that balances profits with climate risks and opportunities, and provides concrete approaches and tools for directors t Assesses numerous financial pressures and opportunities for corporate climate action such as carbon taxes, subsidies, and investor pressure and how these are impacting new regulations for climate disclosure. Cambridge Studies on Environment, Energy and Natural Resources Governance 250pp 4. 2021 9781108484671 Hardback GBP 85.00 / USD 110.00 eISBN 9781108689243
Debating Climate Law Benoit Mayer | The Chinese University of Hong Kong
Environmental law Chinese Environmental law Yuhong Zhao | The Chinese University of Hong Kong
The book examines the increasingly sophisticated Chinese Environmental law regime. It is a reliable source of reference for anyone interested in understanding the development and operation of Chinese Environmental law, appealing to academics, lawyers, policy makers, business executives and students of law, environmental studies and China studies. t Comprehensive coverage of Chinese Environmental law in the context of China’s socio-economic and political transformation t In-depth examination of government institutions and social organizations involved in Environmental law making, law enforcement and adjudication t Structured discussion of guiding and model cases examining judicial remedies in civil, administrative, criminal and public interest litigations 650pp 6. 2021 9781107039445 Hardback GBP 120.00 / USD 150.00
Debating Climate Law explores the most fundamental issues in climate change law. It sheds light on what we do not know about climate law – vexing questions that scholars have not (yet) solved. It is both a roadmap for future research and a textbook designed to foster graduate students’ critical thinking. t Explores eighteen topics of debate that are essential to understanding climate change law t Written by twnety-nine leading scholars from around the world t Challenges common conceptions about the law on climate change 380pp 6. 2021 9781108840156 Hardback GBP 95.00 / USD 125.00 eISBN 9781108879064
Law )BSECBDL (#1 64% eISBN 9781108611091
Development of Environmental laws in India Kanchi Kohli
Introduces India’s environment laws to readers interested in law, contemporary politics, development studies, sociology, anthropology, political economy, ecological studies and administration. It is a handy volume for students, practitioners and a wide range of professionals dealing with and interested in environmental issues in India. t Highlights the dynamic nature of Environmental law-making in India between the judiciary, executive and parliamentary structures t Contains a large volume of materials from the late 1990s which shows a marked shift in the nature of environmental governance in India t Materials introduce the readers to contemporary debates in environment law within India’s post-liberalisation context 430pp 9. 2021 9781108490498 Hardback GBP 74.99 / USD 99.99 9. 2021 9781108748490 Paperback GBP 27.99 / USD 41.99 eISBN 9781108781053
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Energy Security along the New Silk Road Energy Law and Geopolitics in Central Asia Anatole Boute | The Chinese University of Hong Kong
This book applies theories of energy market regulation to Central Asia - a region that faces considerable energy security challenges. Taking an interdisciplinary perspective, the book examines how institutions constrain legal reforms. In addition, the geopolitics of energy in the region help explain limits to the role of energy law. t Critically discusses legal answers to energy security in a challenging institutional environment and explains the concept of energy security and its application in context t Introduces the theory on the reform of energy markets and institutional obstacles to its implementation and makes it accessible to readers by focusing on specific case studies t Provides an interdisciplinary approach to energy law by connecting the geopolitics of energy with the regulation of energy markets, and shows how energy law and geopolitics can interact Cambridge Studies on Environment, Energy and Natural Resources Governance 298pp 9 b/w illus. 1 map 3. 2021 9781108712927 Paperback GBP 22.99 / USD 29.99 )BSECBDL (#1 64% eISBN 9781108614481 NEW IN PAPERBACK
Indigenous Water Rights in Law and Regulation
Legal Design for SocialEcological Resilience Brita Bohman | Stockholms Universitet
The book is in a field of Environmental law, which combines law with theories of social-ecological resilience, a theoretical framework within environmental science, forming an environmental governance framework for complex environmental problems. The book explores how international and EU Environmental law can be effective in such governance. t Contextualises theories of social-ecological resilience within legal settings, providing readers with a better understanding of how law can reflect and contribute to effective governance t Illustrates how international and EU environmental legal systems interact and create stronger and more effective governance structures t Describes different components and regulatory approaches in Environmental law and how they are or could be effective in environmental governance, demonstrating how Environmental law can be an effective and adaptive instrument 264pp 3. 2021 9781108840170 Hardback GBP 85.00 / USD 110.00 eISBN 9781108879101
Local Content and Sustainable Development in Global Energy Markets Damilola S. Olawuyi
This book will be useful to graduate students and researchers of Environmental law, oil and gas law, mining, environmental studies, human rights, sustainable development, and social justice, as well as corporations, energy departments and ministries, law firms, courts, and tribunals to whom local content disputes are brought for resolution. t Unpacks the relationship among local content, sustainable development, distributive justice, gender justice, social license to operate and corporate social responsibility in energy markets t Provides a complete survey that covers Africa, Asia, Europe, North America, Latin America, South America, Australasia and the Middle East t Provides recommendations on the guiding principles of a sustainable and rights-based approach to the design, application and implementation of LCRs in global energy markets Treaty Implementation for Sustainable Development 375pp 3. 2021 9781108495370 Hardback GBP 95.00 / USD 125.00 eISBN 9781108862110
Lessons from Comparative Experience Elizabeth Jane Macpherson | University of Canterbury, Christchurch, New Zealand
The book is for anyone interested in rights to and the regulation of natural resources across a range of disciplines. It will be of particular interest to researchers and practitioners concerned with the rights of indigenous peoples and their engagement with the regulation of water. t Provides in-depth and current comparative analysis on the question of why and how states provide for indigenous water rights around the world t Includes detailed country studies of indigenous water rights in their historical, political and social context in Australia, New Zealand, Chile and Colombia t Includes analysis of Chilean and Colombian law and policy in context, translating and interpreting key cases, legislation and commentary previously inaccessible to an English-speaking audience Cambridge Studies in Law and Society 311pp 7. 2021 9781108460934 Paperback GBP 23.99 / USD 35.99
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Reconsidering REDD+ Authority, Power and Law in the Green Economy Julia Dehm | La Trobe University, Victoria
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Dehm analyzes how the REDD+ scheme operates to reorganise social relations and establish new forms of global authority over forests in the Global South, benefitting some actors while further marginalising others. This book is for scholars, students, practitioners, and anyone interested in international climate law and natural resource governance. t Situates REDD+ as central to broader debates about the nature of, and transition to, a ‘green economy’ t Draws on interdisciplinary scholarship to provide a critical reading of the logics and effects of the REDD+ scheme t Addresses potential tensions and underlying conflicts between the increased marketisation of climate policy and imperatives of global climate justice Cambridge Studies on Environment, Energy and Natural Resources Governance 320pp 6. 2021 9781108423762 Hardback GBP 85.00 / USD 110.00 eISBN 9781108529341
Rediscovery and Revival in Islamic Environmental law Back to the Future of Nature’s Trust Samira Idllalène
Intended for researchers, NGOs, decision-makers and lawyers in Muslim countries, this book concerns comparative Environmental law, using a new approach. It provides insights and suggests solutions for the climate crisis, starting from the cultural grounds that have fallen into disuse. t Provides the first book length treatment of the comparison between Muslim law and common law in the field of Environmental law t Mixes ecotheology, law, history, finance, and environmental studies to create a multidisciplinary approach to support the arguments presented t Blends theory with practice by recounting the experiences of environmental NGOs that have successfully used Muslim law to protect the environment ASCL Studies in Comparative Law 200pp 4. 2021 9781108488785 Hardback GBP 85.00 / USD 110.00 eISBN 9781108772082
Riverflow The Right to Keep Water Instream Paul Stanton Kibel
Riverflow reveals the sources of domestic and international law that support the right to keep water instream, and provides real world stories of how these sources of law can be put to use to restore rivers and fisheries. t Provides vital analysis to help attorneys, policymakers, judges, fishery scientists and other stakeholders protect rivers t Highlights the frequent disconnect between science and policy in the water policy sector t Offers solutions for cost-sharing arrangements to cover the costs of restoring instream flows 200pp 2. 2021 9781108832137 Hardback GBP 85.00 / USD 110.00 eISBN 9781108933117
The Cambridge Handbook of Commons Research Innovations Sheila R. Foster
This book is for scholars and practitioners across all disciplines who are interested in understanding and rethinking the management and governance of many kinds of shared resources, including natural resources, digital resources, knowledge and intellectual resources, and housing and other urban infrastructure, among others. t Offers new understandings of the commons theory in the context of contemporary political and social challenges t Spans multiple themes and disciplines, including international affairs, political science, legal theory, and environmental studies t Brings together expert scholars and experienced practitioners in the field of commons Cambridge Law Handbooks 450pp 11. 2021 9781108837217 Hardback GBP 140.00 / USD 180.00 eISBN 9781108938617
Equity and trusts NEW IN PAPERBACK
Equity and Law Fusion and Fission John C. P. Goldberg | Harvard Law School, Massachusetts
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives. t Brings together comparative, doctrinal, historical and theoretical analyses of equity in a single volume, providing multiple perspectives on the issue t Analyses the fusion of law and equity in various jurisdictions, including Australia, Canada, England, Scotland, and the US allowing readers to gain insights into their domestic legal systems by contrasting developments in others t Provides insights into the experiences of fusion, merger and fission of law and equity in different jurisdictions and discusses the misunderstandings about the modern relation of law to equity QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Law
European law Can the European Court of Human Rights Shape European Public Order? Kanstantsin Dzehtsiarou | University of Liverpool
This book will help students and academics to learn more about how the European Court of Human Rights operates in practice. It explains the functionality of the Court and shows the limits of the Court’s impact on European Public Order. t The first comprehensive treatise of the notion of ‘European Public Order’ as used by the European Court of Human Rights t Based on a comprehensive analysis of case law of the European Court of Human Rights, interviews with twenty-four Judges of the Court as well as comparative and contextual overview of the Court’s ability to shape European Public Order t Examines the role of the European Court of Human Rights as a part of a complex and fragile system of human rights protection in Europe and argues that the Court should not extend its remit indefinitely but rather should focus on the core human rights. Cambridge Studies in European law and Policy 224pp 11. 2021 9781108497367 Hardback GBP 85.00 / USD 110.00 eISBN 9781108608794
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Constitutional Identity in a Europe of Multilevel Constitutionalism Christian Calliess | Freie Universität Berlin
In this volume, various leading and well-placed experts explain the key constitutional features, or identities, of selected Member States of the European Union. Not only are these constitutional identities compared, but the notion of such identity is discussed against the background of the EU’s constitutional relationship with its Member States. t Presents a critical overview of EU Member State constitutional identities t Compares EU Member State constitutional identities, filling a gap in current literature t Develops the concept of constitutional identity against the background of EU multilevel constitutionalism QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/ NEW IN PAPERBACK
EU Law in Populist Times Crises and Prospects Francesca Bignami | George Washington University, Washington DC
This comprehensive analysis of the EU law at the heart of today’s political debates is an essential scholarly resource of recent legal developments and cutting-edge theoretical issues. It is an invaluable text for courses in EU law and EU public policy. t Presents and analyzes all areas of EU law challenged by populism and Euroscepticism t Focusing on the EU’s legal powers in classic areas of state sovereignty, the volume updates the dominant, market-centered narrative of EU law t Proposes legal and policy reforms to improve EU law and governance
European Company Law Second edition Nicola de Luca | Libera Università Internazionale degli Studi Sociali Guido Carli, Roma
Taking a text, cases and materials approach, this remains the only textbook on European company law, and has been thoroughly updated to include recent changes in legislation, such as new regulations on cross-border mergers and the use of digital tools. Graphs and figures now help to illustrate complex processes in this essential student resource. t Extensively updated to include the latest developments and legislation in European company law t Now includes graphs and figures to aid student comprehension of complex process and relationships t Explanatory textboxes are fully updated and clearly differentiated from the main commentary for easy referencing by students, and each chapter has suggested further reading interwoven throughout. 598pp 4. 2021 9781108843522 Hardback GBP 120.00 / USD 155.00 4. 2021 9781108825658 Paperback GBP 39.99 / USD 49.99 eISBN 9781108918992
Fissures in EU Citizenship The Deconstruction and Reconstruction of the Legal Evolution of EU Citizenship Martin Steinfeld | University of Cambridge
This book argues that the tragedy that has unfolded not only in terms of Brexit ,but also the populism more widely that underpins it, could have been predicted had more care been taken in examining the fissures that ran deep within the case law on EU citizenship from its infancy. t The product of meticulous chronological research deep into the texts of over 30 years of case law t Applies constructivist and related theoretical approaches to a concrete body of case law and policy, applying such methodology in a very specific and granular sense t Helps all readers to better understand a complex and incoherent body of law Cambridge Studies in European law and Policy 300pp 12. 2021 9781108490894 Hardback GBP 85.00 / USD 110.00 eISBN 9781108859165
Framing a Convention Community Supranational Aspects of the European Convention on Human Rights Cedric Marti
Marti offers a fresh conceptual perspective on the authority of the European Convention on Human Rights as well as its Court, the European Court of Human Rights, by examining them through the prism of supranationality. This book will be of interest to scholars and students of human rights law. t Develops a comprehensive conceptual framework to study the European Convention on Human Rights t Offers a fresh, analytical perspective on the evolution of the Convention system t Investigates the European Court of Human Rights’ impact on individuals and domestic institutions 312pp 12. 2021 9781108830119 Hardback GBP 85.00 / USD 110.00 eISBN 9781108909075
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Fundamental Rights in the EU Area of Freedom, Security and Justice Sara Iglesias Sánchez
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The Area of Freedom, Security and Justice of the European Union covers subjects as sensitive as immigration, asylum, family law and Criminal law. These expert essays examine the impact of the development of those policies in the framework of the rights protected by the EU Charter of Fundamental Rights. t Experts from different perspectives and fields examine fundamental rights in the European Union t Provides the reader with an up-to-date account of case-law in a particularly complex field t Includes critical assessment of the AFSJ from a fundamental rights perspective 470pp 7. 2021 9781108488136 Hardback GBP 150.00 / USD 195.00 eISBN 9781108769006
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Great Judgments of the European Court of Justice Rethinking the Landmark Decisions of the Foundational Period William Phelan | Trinity College Dublin
This book offers a completely new approach to the Court of Justice’s most famous decisions, including an emphasis on the writings and speeches of the Court’s influential French Judge, Robert Lecourt. It will be of interest to the many students and lawyers working on European law. t Offers a new perspective on the most famous judgments of the European Court of Justice t Demonstrates the special contribution of French Judge Robert Lecourt to the early European Court of Justice t Explains the major principles of European law through contrast with enforcement mechanisms in other trade treaty systems 278pp 1 table ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Private Selves Legal Personhood in European Privacy Protection Susanna Lindroos-Hovinheimo | University of Helsinki
This book analyses European privacy rights, focusing especially on the GDPR, and dives into exactly what kind of legal personhood is presupposed in privacy regulation. Through close readings of case law, the author shows that the law understands personhood in highly individualised ways. t Shows how privacy law operates beneath the surface t Puts forward a critique of privacy law using revealing examples from case law t Accessible to readers without legal training Cambridge Studies in European law and Policy 264pp 5. 2021 9781108478885 Hardback GBP 85.00 / USD 110.00 eISBN 9781108781381
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The Construction of Fatherhood The Jurisprudence of the European Court of Human Rights Alice Margaria | Max Planck Institute for Social Anthropology
This book tackles one of the most topical sociolegal issues of today: how the law is responding to shifting practices and ideas of fatherhood. Margaria examines the legal status of the father in a world that offers radical possibilities for the fragmentation of the conventional father figure. t Offers a clear and original conceptual framework to study the legal regulation of fatherhood, enabling readers to understand the case law analysis without being familiar with extensive family and gender studies literature t Examines the European Court of Human Rights’ construction of fatherhood and looks at its moral and doctrinal underpinnings t Explores the complex emerging relationships between fatherhood, law, and social change, and addresses the general need to adjust outdated legal frameworks to recognise new family realities QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/ NEW IN PAPERBACK
The Crisis behind the Eurocrisis The Eurocrisis as a Multidimensional Systemic Crisis of the EU Eva Nanopoulos | Queen Mary University of London
The book is aimed at anyone engaged in EU studies (lawyers, political scientists and political economists), but also anyone interested in the history, form and future of European integration and contemporary political debates about the European trajectory. Its inter-disciplinary contributions will appeal to both EU law specialists and non-specialists. t Proposes to situate the legal examination of the Euro-crisis in a systemic context, which includes socio-political analyses t Actively invites critical examination of the EU, encouraging interdisciplinary dialogue and the use of analysis that goes beyond that of traditional EU law discourse t Includes contributions that touch on broader ideological, political and practical aspects of European integration, informed by the relevant experience of the different writers QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
The Politics of Legal Expertise in EU Policy-Making Päivi Leino-Sandberg | University of Helsinki
An insider’s view of how the European Commission, Council and Parliament work from a legal perspective. Päivi Leino-Sandberg shares her insights from ten years as a government legal adviser working with the EU institutions and draws on interviews with over sixty legal advisers and policymakers. t The true story of how legal decision-making works in the EU institutions t Based on interviews with over sixty insiders t Aimed at a wide readership among academic and practising lawyers and social scientists Cambridge Studies in European law and Policy 276pp 9. 2021 9781108830058 Hardback GBP 85.00 / USD 110.00 eISBN 9781108908757
Law
Evidence
The Financial Courts
Australian Uniform Evidence Law
Adjudicating Disputes in Derivatives Markets Jo Braithwaite | London School of Economics and Political Science
Second edition Fiona Hum | Monash University, Victoria
Now in its second edition, Australian Uniform Evidence Law provides a clear, accessible introduction to the law of Evidence. Following the structure of the Evidence Act 1995 (Cth), the text introduces students to basic principles, then covers more complex elements of Evidence law. t Written for students first and foremost t Written for a one semester course t End of chapter questions, with separate last chapter with extra problems and answers to all questions in the text 640pp 4. 2022 9781009010726 Paperback GBP 94.99 / USD 125.00 eISBN 9781009024433
Financial law, banking law Fintech Regulation in China Principles, Policies and Practices Robin Hui Huang | The Chinese University of Hong Kong
This book is the first of its kind to provide a systematic and contextualized account of China’s regulation of Fintech (financial technology). It is of both academic and practical significance, and will appeal to a wide range of readers, including academics, students, lawyers, business people, investors, regulators and policy makers. t Present a systematic and contextualized account of China’s Fintech regulation t Identifies and analyses factors that have contributed to the constitution of the institutional environment in which China’s regulation of Fintech has been made and enforced t Takes a comparative approach to critically evaluating the Fintech regulation in China 300pp 7. 2021 9781108488112 Hardback GBP 84.99 / USD 110.00 7. 2021 9781108738446 Paperback GBP 26.99 / USD 34.99 eISBN 9781108768962
The Cambridge Handbook of Twin Peaks Financial Regulation Andrew Godwin
With contributions from over thirty leading scholars and senior regulators from around the world, this book is for anyone interested in effective models for financial regulation. It provides a scholarly, multi-disciplinary, cross-jurisdictional and internationally comparative examination of current trends, with an emphasis on the Twin Peaks model. t Provides a detailed examination of regulatory theory as it informs financial regulation architecture t Informs the debates and scholarship developing in Twin Peaks theory and practice t Addresses both the theoretical and practical implementation aspects of Twin Peaks adoption Cambridge Law Handbooks 650pp 7. 2021 9781107186422 Hardback GBP 195.00 / USD 255.00 eISBN 9781316890592
A wide-ranging study of derivatives market litigation that will be of interest to private lawyers, financial law specialists, practitioners, regulators and economists. Braithwaite engages with the diverse legal and financial issues emerging from this substantial body of litigation in a clear, authoritative and accessible way. t Analyses three decades of English cases involving modern derivatives markets, alongside reference to leading cases decided in New York and in other major jurisdictions (e.g., Singapore, Hong Kong) t Evaluates private law issues arising in the modern financial markets, from contractual interpretation to jurisdiction disputes t Explains the complex relationship between the evolution of financial markets and the role of the courts International Corporate Law and Financial Market Regulation 400pp 1. 2021 9781108474795 Hardback GBP 95.00 / USD 125.00 eISBN 9781108647434
Human rights Beyond Borders The Human rights of Non-Citizens at Home and Abroad Molly Katrina Land
Beyond Borders considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging across borders that provide a more robust basis for protections for non-citizens. This title is also available as Open Access on Cambridge Core. t Examines the deficiencies of citizenship as a foundation for Human rights t Makes contemporary scholarship on Human rights, citizenship, and belonging accessible for policymakers, students, professionals, and general readers t This title is also available as Open Access on Cambridge Core 300pp 9. 2021 9781108843171 Hardback GBP 85.00 / USD 110.00 eISBN 9781108914994
Decolonizing Human rights Abdullahi Ahmed An-Naim | Emory University, Atlanta
This book proposes a transformation from Human rights organized around a state determined practice to one that is focused on a people-centric approach that empowers individuals. It will appeal to legal educators and practicing lawyers, as well as students of social sciences and scholars of sociology, political science and international relations. t Makes the distinction between Human rights and civil rights to show the difference between them and explain why civil rights is used incorrectly to refer to both t Explains the useful triangle of Concept, Content, and Context to help readers understand that all three are inherent to the idea of Human rights and must work together to clarify and confirm the doctrine t Answers the question, how are rights to be practiced equally and without distinction in view of their distinctive context by providing a contextual framework of the practice of Human rights. 250pp 11. 2021 9781108417136 Hardback GBP 84.99 / USD 105.00 11. 2021 9781108404570 Paperback GBP 26.99 / USD 34.99 eISBN 9781108264921
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Do-Gooders at the End of Aid
Hostages and Human rights
Scandinavian Humanitarianism in the TwentyFirst Century Antoine de Bengy Puyvallée | Universitetet i Oslo
Towards a Victim-Centred Approach Sofia Galani | University of Bristol
Scandinavian countries are considered exceptional for their commitment to development cooperation, peace mediation, and humanitarian action. This book argues that policymakers can and do capitalize on this reputation to legitimize policy interventions and ideas.vThis title is also available as Open Access on Cambridge Core. t Explores Scandinavian exceptionalism in foreign policy, development and humanitarian affairs t Provides a wide range of empirical case studies, including peacemaking, democracy promotion, asylum policy, weapon exports and development policy t Questions the resilience of the Scandinavian humanitarian brand both at home and abroad t This book is also available as Open Access 225pp 7. 2021 9781108488792 Hardback GBP 85.00 / USD 110.00 eISBN 9781108772129
Due Diligence Obligations in International Human rights Law Maria Monnheimer
Introducing an analytical framework for international due diligence obligations and testing it against several practical examples, this book is of relevance to both scholars and students of public international law as well as to practitioners and political decision-makers in the field of Human rights protection. t Introduces Human rights due diligence obligations of States to address gaps in Human rights protection in relation to non-State actors t Provides for a systematic and in-depth analysis of due diligence obligations in international law and introduces a general framework that makes their vague character more approachable t Includes several examples of how extraterritorial Human rights due diligence obligations operate in practice 400pp 2. 2021 9781108841733 Hardback GBP 95.00 / USD 125.00 eISBN 9781108894784
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Genocide Never Sleeps Living Law at the International Criminal Tribunal for Rwanda Nigel Eltringham | University of Sussex
Genocide Never Sleeps provides an ethnographic account of the messy, human process of international criminal justice at the International Criminal Tribunal for Rwanda. It is for readers interested in international criminal justice, Human rights, the anthropology of law and contemporary African politics. t Provides a detailed record of the International Criminal Tribunal for Rwanda (ICTR) which ceased operations in 2015 t Provides readers with an intimate account of the day-to-day internal workings of an international criminal court and the people who worked there t Uses the exceptional nature of international criminal justice to reflect on the practice of law in general $BNCSJEHF 4UVEJFT JO -BX BOE 4PDJFUZ QQ C X JMMVT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Hostage-taking and the violence used against hostages are on the rise. This book examines the taking of hostages from a victim’s perspective. Interrogating the relevant international law, Sofia Galani argues that we need to recognise violations of the Human rights of hostages and act to protect them more effectively. t Examines the Human rights of the victims of hostage-taking by terrorists and pirates t Explains the relevant international law and evaluates the responses of different states t Brings a victim’s perspective to studies of terrorism and piracy 240pp 7. 2021 9781108497213 Hardback GBP 85.00 / USD 110.00 eISBN 9781108667029
Human rights and Economic Inequalities Gillian MacNaughton | University of Massachusetts, Boston
Scholars, practitioners, activists and students in Human rights, international development, social policy, socio-legal studies, law, sociology and critical economics will find this to be an accessible book on the potential of Human rights to challenge economic inequalities and their adverse impacts on human wellbeing. t Analyzes the potential of Human rights to address economic inequalities t Chapters focus on a range of global and country-specific issues and a variety of economic and social rights t Written by authors in many disciplines to be accessible to an interdisciplinary audience Globalization and Human rights 376pp 9. 2021 9781316518694 Hardback GBP 95.00 / USD 125.00 eISBN 9781009006545
Lawyers in Conflict and Transition Kieran McEvoy | Queen’s University Belfast
This book is valuable for law, sociology, and transitional justice researchers and postgraduate students interested in themes including cause lawyering, the sociology of the professions, the legal profession, gender and the law, the role of law in transition, peace negotiations, truth recovery, amnesties, strategic litigation, and legal ethics. t Explores lawyers in transitional conflict and their motivations, agency, creativity, and struggles to reimagine and reshape legal values, institutions and the rule of law t Draws on original data from six case study studies on the role of lawyers in conflicted, authoritarian and transitional settings t Contains detailed appendices of the legal and political histories of the six case study sites Cambridge Studies in Law and Society 300pp 1. 2022 9780521853989 Hardback GBP 85.00 / USD 110.00 eISBN 9781139016544
Law
Problematizing Law, Rights, and Childhood in Israel/Palestine
Strengthening Human rights Protections in Geneva, Israel, the West Bank and Beyond
Hedi Viterbo | Queen Mary University of London
Joseph E. David
This book challenges and enriches existing knowledge about law, Human rights, and childhood, in and beyond the Israel/Palestine context. It is indispensable for scholars and practitioners interested in Human rights, international and comparative law, socio-legal studies, childhood studies, military and terrorism studies, and Israel/ Palestine. t Calls into question prevailing assumptions about law, Human rights, and childhood, while bringing into dialogue previously separate bodies of scholarship, including childhood studies, critical legal studies, critical Human rights scholarship, and literature on Israel/Palestine t Brings to light previously unknown parallels, connections, and tensions between local and global issues, as well as between the past and present t Analyzes a wide array of legal and Human rights materials, almost none of which have previously been studied, and many of which are not in the public domain
This is a collection of essays by some of the world’s leading experts in international Human rights law. Focusing on protection challenges, it exposes conceptual problems, legal efforts to respond to changing realities, weaknesses of implementation institutions, and practical issues in applying Human rights law to the Israeli-Palestinian conflict. t Provides reflective analysis of certain contemporary major challenges to international Human rights law t Critically reviews the application of international law in the context of the Israeli-Palestinian conflict t Offers new perspectives by leading scholars on thorny theoretical issues relating to Human rights law.
300pp 8. 2021 9781316519998 Hardback GBP 85.00 / USD 110.00 eISBN 9781009019842
200pp 8. 2021 9781108833127 Hardback GBP 85.00 / USD 110.00 eISBN 9781108973069
The Cambridge Companion to Business and Human rights Law Ilias Bantekas
Protection from Refuge From Refugee Rights to Migration Management Kate Ogg | Australian National University, Canberra
This is the first global and comparative study of litigation in which refugees seek protection from a place of ostensible ‘refuge’. The book analyses jurisprudence from Africa, Europe, North America and Oceania from multi-disciplinary perspectives. Drawing on feminist theory, the book examines the role gender plays in these contentious judgments. t Provides the first global and comparative study of ‘protection from refuge’ jurisprudence, a burgeoning field of litigation t Canvasses ideas of refuge from multiple disciplines including law, anthropology, political science, international relations, economics, philosophy, sociology, geography and psychology t Breaks new ground by examining the protection from refuge phenomenon with reference to considerations of gender Cambridge Asylum and Migration Studies 300pp 4. 2022 9781316519738 Hardback GBP 85.00 / USD 110.00 eISBN 9781009024259
This textbook takes a unique approach to the linkages between business operations and Human rights. Accessible to lawyers and non-lawyers, each chapter shows in what manner business operations (including investment) impact Human rights and how businesses can implement Human rights while being profitable and sustainable. t Interdisciplinary approach to the intersection of business and Human rights t Systematic and step-by-step approach makes complex content accessible to a wide readership t Ideal for students, researchers and business leaders Cambridge Companions to Law 550pp 9. 2021 9781108830379 Hardback GBP 89.99 / USD 115.00 9. 2021 9781108820721 Paperback GBP 29.99 / USD 39.99 eISBN 9781108907293
The Cambridge Handbook of Environmental Justice and Sustainable Development Sumudu A. Atapattu
State-Owned Entities and Human rights The Role of International Law Mihaela Maria Barnes
Barnes focuses on the role of States as economic actors and their use of sovereign wealth funds, State-owned enterprises, export credit agencies and national oil companies to conduct economic activities. This book explores the challenges associated with regulating State-owned corporate entities from a Human rights perspective. t Covers a significant gap in legal scholarship t Makes complex jurisprudence accessible to a broader readership t Responds to the increasing importance of entities owned by States in the world economy 304pp 11. 2021 9781108832878 Hardback GBP 85.00 / USD 110.00 eISBN 9781108966245
Exploring the often-neglected social dimension of sustainability and its relationship to Human rights and environmental justice, this book is a resource for scholars, students and practitioners. It examines intersecting forms of oppression that produce environmental injustice, including subordination based on gender, race, poverty, and indigeneity. t Introduces diverse, multidisciplinary theoretical frameworks for understanding the relationship between environmental justice and the social pillar of sustainable development t Provides legal scholars and practitioners with a deeper understanding of the strategies and challenges for overcoming environmental injustice t Illustrates practical applications of intersectional analyses of environmental injustice Cambridge Law Handbooks 500pp 4. 2021 9781108470001 Hardback GBP 150.00 / USD 195.00 eISBN 9781108555791
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Law
NEW IN PAPERBACK
The Child’s Right to Development Noam Peleg | University of New South Wales, Sydney
20
This book is for academics, practitioners, policymakers and civil society actors working in the fields of children’s rights, child development, family law and, more broadly, child law and childhood studies. Based on interdisciplinary research, it suggests a new and radical conception of childhood and the meaning of children’s right to development. t Proposes a new way to interpret children’s right to development and explores a new holistic concept of childhood, namely ‘hybrid childhood’ t Explains the significance of child development under the UN Convention on the Rights of the Child and substantiates the duties that parents, states and others have towards children t Includes a comprehensive analysis of twenty-five years of jurisprudence by the UN Committee on the Rights of the Child, useful to anyone interested in the mechanisms of international Human rights law 264pp 4. 2021 9781107476509 Paperback GBP 23.00 / USD 35.00 )BSECBDL (#1 64% eISBN 9781316146804
The Concealment Controversy Sexual Orientation, Discretion Reasoning and the Scope of Refugee Protection Janna Wessels | Vrije Universiteit, Amsterdam
This book interrogates the concealment controversy in refugee law. It examines how asylum claims are rejected on the basis that the claimant behave ‘discreetly’ in their country of origin and explores the resilience of such reasoning in claims on the grounds of sexual orientation and in other contexts. t Provides the first principled exploration of ‘discretion’ reasoning in refugee law and practice t Includes detailed coverage in English of asylum decision-making practice in non-anglophone civil law jurisdictions t Sheds new light on many of the ongoing debates in contemporary refugee law doctrine 336pp 5 b/w illus. 2 tables 7. 2021 9781108837095 Hardback GBP 85.00 / USD 110.00 eISBN 9781108938402
The Disabled Contract Severe Intellectual Disability, Justice and Morality Jonas-Sébastien Beaudry | McGill University, Montréal
The social contract tradition, brought back to life by philosopher John Rawls in the late twentieth century, contains values and assumptions that are dear to our liberal ethos. This book examines how this important philosophical tradition nevertheless tends to exclude people with severe intellectual disabilities from the realm of justice. t Contributes to the development of disability theory t Applies a disability lens to a mainstream philosophical tradition t Sets out the moral and political grounds for the rights of profoundly mentally disabled people Cambridge Disability Law and Policy Series 250pp 3. 2021 9781107152854 Hardback GBP 85.00 / USD 110.00 eISBN 9781316591482
The Evolution of Humanitarian Protection in European law and Practice Liv Feijen
What role do humanitarian considerations play in immigration control? Can it be argued that certain categories of non-nationals who are particularly vulnerable have a right to stay in a country because of their vulnerabilities? Is it an act of charity or an obligation of states not to return them? t Combines law, philosophy, sociology and political science in the area of immigration control t The cross-disciplinary approach benefits a wide range of readers who normally would not be exposed to the other disciplines t Explains the relationship between humanitarian considerations and immigration control Cambridge Asylum and Migration Studies 300pp 4. 2021 9781108483483 Hardback GBP 85.00 / USD 110.00 eISBN 9781108692243
The Law and Practice of Peacekeeping Foregrounding Human rights Rosa Freedman | University of Reading
A detailed study of three key aspects that have come to define the UN’s presence in Haiti – the use of force, sexual exploitation and abuse, and an epidemic inadvertently introduced by UN peacekeepers – combining international relations with international law and suggesting a new model of accountability which foregrounds Human rights. t Brings insights and expertise from a variety of disciplines to illuminate key issues with international peacekeeping t Enables readers to understand the challenges to peacekeeping through real, tangible examples t Connects principles of international law with practice on the ground 240pp 6. 2021 9781108477529 Hardback GBP 85.00 / USD 110.00 eISBN 9781108763776
The Practice and Problems of Transnational Counter-Terrorism The Practice and Problems of Transnational Counter-Terrorism Fiona de Londras | University of Birmingham
In spite of its significant effects on everyday life, the effects of transnational counter-terrorism are not well understood. Drawing on insights from law, international relations, political science and security studies, this study shows the impacts and argues that counter-terrorism is expansionary, rights-limiting and unaccountable. t The first comprehensive account of transnational counter-terrorism as an overarching order t Covers law-making, capacity building, internet governance and preventing and countering extremism t An interdisciplinary study drawing on international law, governance, Human rights and political science 275pp 11. 2021 9781107022737 Hardback GBP 95.00 / USD 125.00 eISBN 9781139137010
Law
The Right to Science Then and Now Helle Porsdam | University of Copenhagen
Leading academics, civil servants, lawyers, policymakers, and civil society representatives reflect on the powerful-but-neglected human right to science. This will appeal to anyone interested in how this right is pertinent to numerous issues at the intersection of science and society. This title is also available as Open Access on Cambridge Core. t Offers an exploration of a core cultural right: the right to science to give legally trained readers useful background information concerning the impact of the right to science on people’s lives t Proposes the right to science as an empowering tool which will appeal to those who believe in rights talk and the rule of law as promising and aspirational endeavors, as well as those working in aid, development, global justice, science diplomacy and those looking for an actionable and justiciable tool for the furtherance of their Human rights causes t Provides examples of inter-disciplinary and multi-disciplinary science in action, showing how different disciplines can interact t This title is also available as Open Access on Cambridge Core 225pp 11. 2021 9781108478250 Hardback GBP 85.00 / USD 110.00 eISBN 9781108776301
The Rights of Refugees under International Law Second edition James C. Hathaway | University of Michigan Law School
A fully revised and updated second edition of the award-winning, foundational study of refugee rights under international law. Essential reading for lawyers, judges, law students, policymakers, and scholars keen to understand how best to respond to the global asylum crisis. t The leading commentary on the Human rights of refugees t Combines analysis of the UN Refugee Convention and international Human rights law in a single volume t Not just a legal analysis. The law on every issue – from freedom of movement, to work rights, to welfare entitlement – is considered in relation to real-life, contemporary examples drawn from around the world t The author is a leading global authority on refugee law, whose work is routinely cited by the most senior courts and scholars
Humanitarian law, law of armed conflict Commentary on the Third Geneva Convention 2 Volumes Hardback Set Convention (III) relative to the Treatment of Prisoners of War International Committee of the Red Cross
This book is intended for any practitioner or academic involved with international humanitarian law. It provides an article-by-article commentary setting out current interpretations based on the latest practice, case law, academic commentary and ICRC experience. t An article-by-article Commentary on the Third Geneva Convention issued by the International Committee of the Red Cross, capturing contemporary developments in their application and interpretation t Contains thorough and up-to-date interpretations from an extensive process involving both International Committee of the Red Cross and external contributors, as well as peer review by academics and international humanitarian law practitioners from around the world, ensuring coherent content and reflecting main diverging views t Provides practitioners and scholars with easy access to comprehensive, high-quality legal information Commentaries on the 1949 Geneva Conventions 2000pp 9. 2021 9781108838986 2 Hardback books GBP 350.00 / USD 500.00 eISBN 9781108979320
Commentary on the Third Geneva Convention 2 Volumes Paperback Set Convention (III) relative to the Treatment of Prisoners of War International Committee of the Red Cross
1451pp 4. 2021 9781108495899 Hardback GBP 200.00 / USD 260.00 4. 2021 9781108810913 Paperback GBP 74.99 / USD 99.99 eISBN 9781108863537
This book is intended for any practitioner or academic involved with international humanitarian law. It provides an article-by-article commentary setting out current interpretations based on the latest practice, case law, academic commentary and ICRC experience. t An article-by-article Commentary on the Third Geneva Convention issued by the International Committee of the Red Cross, capturing contemporary developments in their application and interpretation t Contains thorough and up-to-date interpretations from an extensive process involving both International Committee of the Red Cross and external contributors, as well as peer review by academics and international humanitarian law practitioners from around the world, ensuring coherent content and reflecting main diverging views t Provides practitioners and scholars with easy access to comprehensive, high-quality legal information
Towards the Environmental Minimum
Commentaries on the 1949 Geneva Conventions 2000pp 9. 2021 9781108969208 2 Paperback books GBP 120.00 / USD 170.00 eISBN 9781108979320
Environmental Protection through Human rights Stefan Theil | University of Oxford
Lawyering Peace
This book is written for lawyers, social scientists, political theorists, environmental and Human rights advocates. In clear and accessible prose it demonstrates that a Human rights approach strengthens practical environmental protection without the need for radical departures from established legal protection regimes and principles. t Argues that a Human rights-based framework can strengthen environmental protections t Explores why pervasive and worldwide environmental harm is left largely unregulated despite commitments to Human rights t Explores all major international and regional protection regimes, including Germany and South Africa as two models for constitutional commitments to environmental protection
Paul R. Williams | American University, Washington DC
416pp 9. 2021 9781108835145 Hardback GBP 95.00 / USD 125.00 eISBN 9781108891769
250pp 9. 2021 9781108478236 Hardback GBP 85.00 / USD 110.00
Williams explains how to build better and more durable peace agreements through a rigorous examination of how parties in conflict have resolved key problems and issues at the heart of peace negotiations. Based on 25 years of experience, this is an invaluable guide for future negotiators and students of conflict resolution. t Based on 25 years of direct experience of negotiating and drafting durable peace agreements t A guide for non-professional negotiators as they navigate peace processes t In plain language, reviews and explains the good, the bad, and the ugly of peace agreements
Visit our website at www.cambridge.org/academic
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Law
9. 2021 9781108745628 Paperback GBP 22.99 / USD 29.99 eISBN 9781108776264
Negotiating Peace Amnesties, Justice and Human rights Renée Jeffery | Griffith University, Queensland
22
Drawing on a new peace agreements dataset and in-depth analysis of the cases of Timor-Leste, Aceh Indonesia, Nepal, and the Philippines, this book provides new insights into the reasons why countries in Asia continue to grant perpetrators of Human rights violations amnesties during their peace processes. t Provides comparative analysis of over 100 peace agreements signed around the world between 1980 and 2015 t Focuses on four key cases from Asia: Timor-Leste, Aceh Indonesia, Nepal and the Philippines t Sets peace processes in their wider historical, political, and cultural contexts 280pp 3. 2021 9781108838108 Hardback GBP 85.00 / USD 110.00 eISBN 9781108937184
New War Technologies and International Law The Legal Limits to Weaponising Nanomaterials Kobi Leins | King’s College London
This book examines how the law of armed conflict regulates the use of nano-technologies as a means or method of warfare. It explores three specific weapons, namely nano-enhanced thermobarics, optogenetics and genetic modification, and their existing legal frameworks, relevance and future military use of nanomaterials and other technologies. t Provides concrete examples of uses of nanomaterials in warfare, including an introduction to the technologies and how they work t Uses plain language examples to analyse complex scientific and legal questions t Interdisciplinary approach to link scientific knowledge to existing legal frameworks 296pp 10. 2021 9781108835244 Hardback GBP 85.00 / USD 110.00 eISBN 9781108891974
Non-International Armed Conflicts in International Law Second edition Yoram Dinstein | Tel-Aviv University
A dispassionate analysis of the legal implications of non-international armed conflicts at a time when their number is constantly growing and their effects are increasingly global. t Holistic analysis of non-international armed conflicts that goes beyond the conduct of hostilities t Draws on detailed research and primary sources in examining treaty texts and customary law, with an emphasis on judgments of international courts and tribunals t Avoids the pitfalls of wishful thinking by following the law as it is, not as it perhaps should be t A new updated edition revised to reflect up-to-date developments 380pp 3. 2021 9781108836180 Hardback GBP 89.99 / USD 115.00 3. 2021 9781108799447 Paperback GBP 26.99 / USD 34.99 eISBN 9781108864091
TEXTBOOK
The Law of Armed Conflict International Humanitarian Law in War Third edition Gary D. Solis | United States Military Academy
This book introduces law students and undergraduates to the law of war in an age of terrorism. Gary D. Solis, who has more than twenty years of experience teaching these subjects, leads readers from the basics of armed conflict and international humanitarian law to the finer points of battlefield law. t A revised and updated third edition of the widely adopted armed conflict textbook t Includes up-to-date coverage of cyber warfare, drone warfare, and terrorism t Provides an accessible introduction to the basics of international humanitarian law, including examples of its application 850pp 12. 2021 9781108831635 Hardback GBP 50.99 / USD 69.99 12. 2021 9781108926935 Paperback GBP 39.99 / USD 52.00 eISBN 9781108917797
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The Military Commander’s Necessity The Law of Armed Conflict and its Limits Sigrid Redse Johansen
The book offers both an in depth and illustrative analysis of the frequently, yet incomprehensively, addressed notion of military necessity. Johansen takes a practical and unique perspective of the military commander’s assessment of when means and methods of warfare are deemed lawful. t Offers a comprehensive contemporary analysis of the legal function of military necessity in the international humanitarian law of armed conflict, distinguishing military necessity from other legal concepts t Presents the legal limits to the military commander’s assessment of military necessity during conduct of hostilities and makes the application of the abstract legal concept of military necessity more concrete and exemplified for armed forces t Discusses the balance between the commander’s room for subjective manoeuvre with objective limits to their assessment of military necessity, showing how both a commander’s margin of appreciation and objective legal limits are indispensable and intertwined QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Law
NEW IN PAPERBACK
The Persistence of Reciprocity in International Humanitarian Law Bryan Peeler | University of Manitoba, Canada
The expectation of reciprocity is an important factor when states consider their legal obligations in armed conflicts. Examining the history of international humanitarian law and US prisoner of war policy in Vietnam and the War on Terror, Peeler demonstrates how states continue to make use of reciprocity when considering their legal obligations. t Establishes a nuanced view of reciprocity and explores in detail how reciprocity works in international law t Explores the use of H. L. A. Hart’s theory of law and demonstrates how reciprocity has been preserved within international humanitarian law t Demonstrates how the use of a multi-actor setting of state decision making and other nuanced forms of reciprocity are considered in debates about legal obligations during armed conflicts 226pp 1 b/w illus. 1 table ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Intellectual property A Critique of the Ontology of Intellectual property Law Alexander Peukert
Alexander Peukert provides the first comprehensive critique of the idea that ‘Intellectual property’ (IP) exists as an abstract object that can be owned. This book develops an alternative IP theory, according to which IP rights provide their holders with an exclusive privilege to use ‘Master Artefacts’. t Provides a historical account of the emergence of the concepts of copyrightable work and the patentable invention t Offers a theoretical framework that describes daily IP practice and orients IP policy towards fostering innovation and entrepreneurship t Explains the differences between the law and economics of real and Intellectual property Cambridge Intellectual property and Information Law 250pp 5. 2021 9781108498326 Hardback GBP 85.00 / USD 110.00 eISBN 9781108653329
Global Challenges for Innovation in Mining Industries Alica Daly
Offering the first in-depth global analysis of the innovation ecosystem in the mining industry, this book is aimed at policy-makers and academia alike. A wide range of international contributors assess this from different perspectives, using both a novel mining patent and innovation database and a wide set of analytical approaches. t Provides case studies to analyze the mining innovation in particular countries t Explores relations between mining innovation and other macro-factors such as commodity prices, transport innovation and environmental policy t Provides original statistics and database on mining innovation t This title is Open Access
Harnessing Public Research for Innovation in the 21st Century An International Assessment of Knowledge Transfer Policies Anthony Arundel
Universities and public research institutes play a key role in enabling the application of scientific breakthroughs and innovations in the marketplace. This book, available also as Open Access, suggests the most effective policies to support the transfer of knowledge to firms in order to boost economic growth and foster innovation. t Helps the research and policy community to evaluate existing practices and improve policy t Addresses a mix of high-income and middle-income countries t Written by academics, policymakers and practitioners t This book is also available as Open Access Intellectual property, Innovation and Economic Development 322pp 3. 2021 9781108842792 Hardback GBP 85.00 / USD 110.00 eISBN 9781108904230
IP Accidents Negligence Liability in Intellectual property Patrick R. Goold
It is very easy to infringe Intellectual property rights without meaning to. This book introduces the concept of ‘IP accidents’, for example orphan works and the actions of patent trolls, to establish a new way to look at IP law and its enforcement. t A novel, fresh, and interesting perspective on IP rights t Raising awareness about the ignored problem of IP accidents t A plea to fundamentally reform IP liability to meet the challenges of the Information Age Cambridge Intellectual property and Information Law 200pp 11. 2021 9781108841481 Hardback GBP 85.00 / USD 110.00 eISBN 9781108882576
Negotiating Copyright in the American Theatre: 1856–1951 Brent S. Salter
Brent Salter draws on extensive original archival research to explain how copyright has been negotiated in the American theatre over the previous two centuries. The book will be of interest to scholars and students of law, history, theatre, and other disciplines of the humanities, as well as theatre practitioners. t Fills a significant gap in scholarship on law, history, and the performing arts t Revises our understanding of the institutional and authority structures of the theater industry t Based on archival sources spanning two centuries Cambridge Intellectual property and Information Law 280pp 11. 2021 9781108484756 Hardback GBP 85.00 / USD 110.00 eISBN 9781108676182
Intellectual property, Innovation and Economic Development 250pp 12. 2021 9781108842785 Hardback GBP 85.00 / USD 110.00 eISBN 9781108904209
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The Cambridge Handbook of Copyright Limitations and Exceptions Shyamkrishna Balganesh | University of Pennsylvania Law School
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This volume is a guide for scholars, policymakers, attorneys, teachers, judges, and students interested in the theories, policies, and doctrines of copyright law. Featuring experts from around the world, the handbook offers a systematic, comparative study of copyright in major jurisdictions including the United States, the European Union, and China. t Analyzes how copyright law interacts with other aspects of countries’ legal and regulatory landscapes t Provides readers with an understanding of the theoretical foundation of copyright limitations t Examines how global discussions of copyright exceptions can address recent technological developments Cambridge Law Handbooks 550pp 1. 2021 9781108483049 Hardback GBP 160.00 / USD 210.00 eISBN 9781108671101
The Intellectual property of Nations Sociological and Historical Perspectives on a Modern Legal Institution Laura R. Ford | Bard College, New York
Drawing on legal and sociological history, this book traces how Intellectual property emerged as part of the modern nation-state system. This sweeping analysis is for undergraduates and scholars interested in the relationship between legal and social change, as well as the links between culture, social structures, and economy. t Highlights the social importance of Intellectual property, drawing on literature from law, sociology, and history t Links legal and religious history with modern state formation t Demonstrates how old institutions have influenced contemporary organizations and high technology 300pp 5. 2021 9781107198975 Hardback GBP 84.99 / USD 110.00 5. 2021 9781316648483 Paperback GBP 29.99 / USD 39.99 eISBN 9781108182935
NEW IN PAPERBACK
Transition and Coherence in Intellectual property Law Essays in Honour of Annette Kur Niklas Bruun
This volume is for students and scholars of Intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law. t Addresses a range of pressing topics from across IP law t Features contributions from 45 leading academics from around the world t Identifies possible transcendental features of IP law Cambridge Intellectual property and Information Law 450pp 1. 2021 9781108484602 Hardback GBP 95.00 / USD 125.00 eISBN 9781108688529
International economic and trade law, WTO law Artificial Intelligence and International Economic Law Disruption, Regulation, and Reconfiguration Shin-yi Peng | National Tsing Hua University, Taiwan
A comprehensive look at the interplay between artificial intelligence and international economic law (IEL), this volume is a valuable guide for scholars, students, practitioners, and policymakers in the fields of IEL, technology law, administrative law, and global AI governance. This title is also available as Open Access on Cambridge Core. t Brings together leading scholars and practitioners from Asia-Pacific, Europe, and the United States t Provides interdisciplinary insights into the transformation of the global economy by increasing datafication, algorithms, and the internetworking of societies t Offers a technologically informed and in-depth analysis of international economic law t This title is also available as Open Access on Cambridge Core 320pp 9. 2021 9781108844932 Hardback GBP 85.00 / USD 110.00 eISBN 9781108954006
The Right To Parody Comparative Analysis of Copyright and Free Speech Amy Lai | University of British Columbia, Vancouver
The author argues that parody, in addition to being an increasingly recognized defense to copyright infringement, is a human right. Written in non-specialist language, this book will appeal to both scholars and general readers interested in Intellectual property, constitutional law, and free speech advocacy. t Proposes a new view of parody in copyright law t Brings together common and civil law jurisdictions in discussion t Covers an Asian jurisdiction and offers an in-depth study of the sociopolitical landscape of Hong Kong as it illuminates the significance for its copyright law to adopt a parody exception t Combines philosophical inquiries with legal analyses in this multijurisdictional study 250pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
At the Margins of Globalization Indigenous Peoples and International Economic Law Sergio Puig | University of Arizona
This book addresses how international trade, investment and finance agreements have unintended consequences and result in inequality. It will be of use to scholars, practitioners and policy-makers that want to address modern challenges for Indigenous Peoples, including social inclusion and socioeconomic marginalization in a globalized world. t Provides examples in 8 case studies of Indigenous Peoples participation in international economic institutions from a multidisciplinary perspective t Introduces the theory step-by-step using ordinary-language of the way globalization impacts vulnerable or marginalized peoples t Engages with the current debate over the future of globalization by providing a fresh yet practical critique of international economic law from the perspective of Indigenous Peoples Globalization and Human rights 200pp 5. 2021 9781108497640 Hardback GBP 85.00 / USD 110.00
Law
eISBN 9781108596503
Big Data and Global Trade Law Mira Burri
This multidisciplinary collection provides expert analyses on the state of global trade law in the era of Big Data and AI. It explores all areas of international economic law and includes multiple country and stakeholder perspectives. This title is also available as Open Access on Cambridge Core. t Provides an in-depth understanding of the pertinent legal and policy issues in the area of digital trade governance t Features leading scholars from across law, economics, and political science t Traces the recent developments in the area of digital trade and data flows regulation in preferential trade agreements t This title is also available as Open Access on Cambridge Core 350pp 7. 2021 9781108843591 Hardback GBP 85.00 / USD 110.00 eISBN 9781108919234
Competition Policy and Intellectual property in Today’s Global Economy Robert D. Anderson | University of Nottingham
This book examines the positive linkage between Intellectual property and competition in jurisdictions worldwide, surveying developments and policy issues from international and comparative perspectives. It includes analysis of key issues by leading academics and practitioners and surveys developments across developed and developing economies. t This volume examines a range of issues relating to the interrelationships between competition policy, Intellectual property rights and international trade and investment flows in today’s global and knowledge-based economy t It builds on existing scholarly contributions, enforcement experience, and theoretical and applied perspectives from around the globe t The volume is inter-disciplinary in nature (embracing both legal and economic approaches), and reflects both academic and practitioners’ perspectives. 920pp 8. 2021 9781107194366 Hardback GBP 150.00 / USD 195.00 8. 2021 9781316645680 Paperback GBP 59.99 / USD 79.99 eISBN 9781108157827
Decoding Chinese Bilateral Investment Treaties Shen Wei | Shanghai Jiao Tong University, China
China is one of the major investment destinations and is a major country signing a large number of BITs and FTAs. China has been applying a liberalization approach to transform its BIT regime. This book investigates these widely accepted theories and norms in the context of investment liberalization. t Provides analysis and case study of Chinese BITs showing the key textual and evolutional characteristics t Includes statistical studies of Chinese BITs, showing how Chinese BITs evolve in the past four decades t Applies an innovative approach to investigate Chinese BIT-making and unveils the driving force of liberalizing Chinese BITs
Digital Services in International Trade Law Ines Willemyns
This book provides the first comprehensive analysis of the applicability of international trade law to digital services. It introduces the reader to the concept of digital services trade. It maps existing rules applicable to digital services trade , both at the multilateral and regional level, with illustrative case studies. t Provides a clear explanation of what digital services are and how they impact international trade t Maps the rules in international trade law that apply to digital services trade t Analyses examples of barriers to digital services trade and shows how they can be addressed under the existing legal framework t Provides clear insights into how digital trade has been dealt with by countries at the regional level Cambridge International Trade and Economic Law 376pp 9. 2021 9781108837538 Hardback GBP 95.00 / USD 125.00 eISBN 9781108946353
Dispute Settlement Reports 2019 Volume 7 Pages 3651 to 4298 World Trade Organization
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: VII t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes World Trade Organization Dispute Settlement Reports 652pp 4. 2021 9781108834292 Hardback GBP 170.00 / USD 220.00 eISBN 9781108992718
Dispute Settlement Reports 2019 Volume 8 Pages 4299 to 4734 World Trade Organization
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: VIII t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes World Trade Organization Dispute Settlement Reports 440pp 4. 2021 9781108834308 Hardback GBP 170.00 / USD 220.00 eISBN 9781108992732
300pp 8. 2021 9781108490986 Hardback GBP 95.00 / USD 125.00 eISBN 9781108867146
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Law
26
Dispute Settlement Reports 2019
Dispute Settlement Reports 2019
Volume 9 Pages 4735 to 5224 World Trade Organization
Volume 12 Pages 6297 to 7028 World Trade Organization
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: IX t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: XII t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
World Trade Organization Dispute Settlement Reports 494pp 4. 2021 9781108834322 Hardback GBP 170.00 / USD 220.00 eISBN 9781108992770
World Trade Organization Dispute Settlement Reports 736pp 4. 2021 9781108834360 Hardback GBP 170.00 / USD 220.00 eISBN 9781108992855
Dispute Settlement Reports 2019
Dispute Settlement Reports 2019
Volume 10 Pages 5225 to 5634 World Trade Organization
Volume 1 Pages 1 to 342 World Trade Organization
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: X t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: I. t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
World Trade Organization Dispute Settlement Reports 414pp 4. 2021 9781108834346 Hardback GBP 170.00 / USD 220.00 eISBN 9781108992817
World Trade Organization Dispute Settlement Reports 342pp 4. 2021 9781108845793 Hardback GBP 170.00 / USD 220.00 eISBN 9781108990981
Dispute Settlement Reports 2019
Dispute Settlement Reports 2019
Volume 11 Pages 5635 to 6296 World Trade Organization
Volume 2 Pages 343 to 1098 World Trade Organization
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: XI. t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: II t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
World Trade Organization Dispute Settlement Reports 666pp 4. 2021 9781108834353 Hardback GBP 170.00 / USD 220.00 eISBN 9781108992831
World Trade Organization Dispute Settlement Reports 768pp 4. 2021 9781108845809 Hardback GBP 170.00 / USD 220.00 eISBN 9781108991001
Law
Dispute Settlement Reports 2019
Dispute Settlement Reports 2019
Volume 3 Pages 1099 to 1744 World Trade Organization
Volume 6 Pages 3295 to 3650 World Trade Organization
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: III t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: VI t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes
World Trade Organization Dispute Settlement Reports 650pp 4. 2021 9781108845816 Hardback GBP 170.00 / USD 220.00 eISBN 9781108991056
World Trade Organization Dispute Settlement Reports 360pp 4. 2021 9781316518137 Hardback GBP 170.00 / USD 220.00 eISBN 9781108995863
Dispute Settlement Reports 2019
Emerging Powers and the World Trading System
Volume 4 Pages 1745 to 2168 World Trade Organization
The Past and Future of International Economic Law Gregory Shaffer | University of California, Irvine
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: IV t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes World Trade Organization Dispute Settlement Reports 428pp 4. 2021 9781108845823 Hardback GBP 170.00 / USD 220.00 eISBN 9781108991070
Dispute Settlement Reports 2019 Volume 5 Pages 2169 to 3294 World Trade Organization
These are the WTO’s authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: V t The reports include panel and Appellate Body reports, as well as arbitration awards t These are the WTO’s authorized and paginated reports in English t Contains a cumulative index of published disputes World Trade Organization Dispute Settlement Reports 1130pp 4. 2021 9781108845830 Hardback GBP 170.00 / USD 220.00 eISBN 9781108991094
This book provides a new framework for understanding the development of trade, investment, and Intellectual property law in emerging powers and globally. It will appeal to a wide audience of policymakers, students, and scholars across disciplines regarding the implications of the rise of China, India, and Brazil. t Develops and applies a new theoretical framework for studying the recursive interaction between international and domestic processes of trade law and policy, which leads to the settlement and unsettlement of a transnational legal order - that of trade law t Provides scholars with new conceptual tools to study the transnational flow of legal norms and their institutional effects within countries and their implications for global governance t Maps and explains similarities and differences in the formation, institutionalization, and impact of trade law norms in the most important of the emerging powers - China, India, and Brazil 250pp 7. 2021 9781108495196 Hardback GBP 74.99 / USD 99.99 7. 2021 9781108817127 Paperback GBP 24.99 / USD 32.99 eISBN 9781108861342
NEW IN PAPERBACK
Emerging Powers in the International Economic Order Cooperation, Competition and Transformation Sonia E. Rolland | Northeastern University, Boston
The post-WWII world order is coming apart. This book shows that the world is moving towards a pluralist governance of transnational economic flows. It focuses on the important role that emerging economies are playing in the evolution of such an order. t Provides an interdisciplinary analysis of international trade and investment law t Weaves the exploration of legal changes originating from specific countries into an integrated global narrative t Combines technical treaty and case law analysis with high level theoretical framing $BNCSJEHF *OUFSOBUJPOBM 5SBEF BOE &DPOPNJD -BX QQ UBCMFT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
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Energy in International Trade Law
International Investment Law and Arbitration
Concepts, Regulation and Changing Markets Anna-Alexandra Marhold | Universiteit Leiden
Commentary, Awards and other Materials Second edition C. L. Lim | The Chinese University of Hong Kong
This book offers an in-depth study of energy regulation in international trade law, against the backdrop of energy markets that have radically changed in recent decades. It clarifies what we define as ‘energy’ in the context of international trade rules. t Offers a broad yet solid insight into the regulation of energy in international trade law t Complex legal rules and realities of the energy sector are made accessible to readers t An in-depth study of the three main challenges facing the energy sector today: decentralization, decarbonization and energy security Cambridge International Trade and Economic Law 300pp 7. 2021 9781108427227 Hardback GBP 85.00 / USD 110.00 eISBN 9781108551526
Essential Interoperability Standards Interfacing Intellectual property and Competition in International Economic Law Simon Brinsmead
The first book to argue for an international instrument addressing access to interoperability standards and standards-essential Intellectual property, with the potential to become essential to competition in standardized markets, examining the issues from the perspectives of international law, domestic Intellectual property and competition laws. t Argues for an expert-led international instrument to address access to interoperability standards and standards-essential Intellectual property t Includes a draft of what this instrument should look like t Provides a clear and concrete agenda for future action Cambridge International Trade and Economic Law 400pp 8. 2021 9781108843010 Hardback GBP 95.00 / USD 125.00 eISBN 9781108913706
Essentials of WTO Law Second edition Peter Van den Bossche
Intended for students and policy makers looking to gain a good understanding of WTO law, this overview of the main rules and procedures of the WTO is written in a concise, accessible and nontechnical manner, and provides both illustrative examples and reading lists to facilitate further learning. t Avoids the technical details which can overload those looking for an introduction to the topic t Demonstrates practical application of theory and rules via fictional illustrative examples t Online resources list shows students where to find the resources they need to look into the ‘real world’ of international trade t Boxes summarising key rulings in WTO case law help readers to see the relevance of dispute settlement rulings and understand how they flesh out the provisions in the WTO agreements t This new edition provides essential updates on recent case law and practice and incorporates current debates 1pp 6. 2021 9781108840095 Hardback GBP 74.99 / USD 99.99 6. 2021 9781108793629 Paperback GBP 24.99 / USD 32.99 eISBN 9781108878845
A fully revised new edition which brings together awards and other key materials with up-to-date commentary explaining the past, current and potential developments in arbitral jurisprudence and current reform debates. Includes a new chapter critical to understanding calls for arbitration reform, and over 60 additional awards and judicial decisions. t Brand new chapter on arbitrators, and over 60 new awards and judicial decisions covered t End-of-chapter questions to test reader understanding, as well as curated lists of further readings to support and encourage exploration of the subject t Retains the approach of the previous edition, where commentary is interspersed with other materials and awards, possessing both historical and forward looking aspects 682pp 3. 2021 9781108842990 Hardback GBP 99.99 / USD 130.00 3. 2021 9781108823203 Paperback GBP 44.99 / USD 58.99 eISBN 9781108913652
Law and Politics on Export Restrictions WTO and Beyond Chien-Huei Wu | Academia Sinica, Taipei, Taiwan
This book addresses export restrictions in the global supply chain. Linking key areas of WTO law, public international law, investment law and competition law, it exposes the insufficient regulation on export restrictions while unpacking the forces that drive a country to legislate export restrictions in the name of national security. t Offers a detailed analysis of WTO rules relating to export restrictions and the relationship between Accession Protocols and the WTO Agreement and relevant case-laws concerning export restrictions t Examines export control measures against ZTE and Huawei and explores the disruption of the global supply chain due to export restrictions in the name of national security or in the time of pandemic t Explores the ‘self-judging’ nature of national security exceptions and links export control under the COCOM/Wassenaar arrangement and GATT/WTO law Cambridge International Trade and Economic Law 300pp 7. 2021 9781108844789 Hardback GBP 85.00 / USD 110.00 eISBN 9781108953566
Law
Rules of Origin in International Trade Second edition Stefano Inama
A completely new edition of the most comprehensive book on rules of origin, one of the most technical and controversial disciplines in international trade, this book provides in-depth analysis of the different sets of rules of origin currently adopted by major trading partners and world wide, including best practices and drafting techniques. t Provides a truly multidisciplinary approach and exhaustive review of the legal and economic dimensions of rules of origin to allow readers to penetrate the complexity of this discipline and access negotiating tools and compliance standards t Covers both the intellectual and practical aspects of rules of origin to provide insights and tools on how to draft, negotiate and administer rules of origin drawing upon existing international trade agreements and negotiating texts t Offers a thorough understanding of the dynamics and the evolving nature of rules of origin through a global coverage of the analytical review and exhaustive examples included 650pp 10. 2021 9781107081550 Hardback GBP 115.00 / USD 150.00 eISBN 9781139963206
Schreuer’s Commentary on the ICSID Convention 2 Volume Hardback Set A Commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States Third edition Stephan W. Schill
The third edition of this compendium offers a fully updated article-by-article commentary on the ICSID Convention. It covers the Convention’s drafting history, ICSID’s Rules and Regulations, and extensive arbitral jurisprudence. It is an indispensable reference work for anyone dealing with the ICSID Convention, both in academia and practice. t Provides detailed article-by-article coverage of the entire Convention t Fully updated and revised for this new edition t An essential source of reference for international arbitration law scholars and practitioners 1600pp 11. 2021 9781108494281 2 Hardback books GBP 250.00 / USD 325.00 eISBN 9781108641616
The Comprehensive and Progressive TransPacific Partnership Analysis and Commentary Jorge A. Huerta-Goldman
Lawyers, economists, students, businesspersons, and government officials need to understand the content and implications of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), given that key Pacific Rim nations are all parties and are benefitting from the new trade it is creating among them. t Provides comprehensive information on the CPTPP/TPP from experts in the field and government officials who negotiated the agreement t Offers clear and concise analysis of complex subject matter t Includes perspectives from experts in law, economics, international trade, and public policy for interdisciplinary coverage of the CPTPP/TPP 400pp 10. 2021 9781107163256 Hardback GBP 69.99 / USD 125.00 eISBN 9781316678770
TEXTBOOK
The International Law on Foreign Investment Fifth edition M. Sornarajah | National University of Singapore
This book is the first to define the field, tracing the major developments that have taken in the field, the criticisms made of the system and the proposals for its reform. This edition captures the major debates that are and have taken place in the area. t A comprehensive and fully up-to-date account of the subject offering a holistic overview of the law contextualised by historical, economic and political perspectives t Provides a perfect balance of authoritative overview and thoughtprovoking analysis, with new topics taken into consideration within the context of foreign investment law, including Human rights, indigenous rights, and environmental rights t Balances traditional developed country views on foreign investment with the views of developing states to offer competing perspectives 696pp 7. 2021 9781108730860 Paperback GBP 47.99 / USD 61.99 eISBN 9781108583879
The Law and Policy of the World Trade Organization Text, Cases, and Materials Fifth edition Peter Van den Bossche
Retaining its signature clarity and depth, this fully updated edition of the market-leading World Trade Organization (WTO) textbook covers both the institutional and substantive law of the WTO. The Law and Policy of the World Trade Organization is required reading for all WTO law students and practitioners. t Ensures its market leading status by retaining its comprehensive coverage, rigorous analysis and pedagogical features t Provides a thorough grounding in the subject by focussing on key basic principles and the underlying logic of WTO law and the world trading system t Fully up-to-date commentary on the most recent case law, development in international trade law and global economy, including development due to the COVID-19 pandemic crisis and the US trade policy change under the Trump administration 1124pp 10. 2021 9781108478205 Hardback GBP 105.00 / USD 135.00 10. 2021 9781108747103 Paperback GBP 49.99 / USD 64.99 eISBN 9781108784542
NEW IN PAPERBACK
The Shifting Landscape of Global Trade Governance World Trade Forum Manfred Elsig | Universität Bern, Switzerland
This book analyzes current challenges and opportunities for the global trading system. It maps scenarios for sustainable global economic governance in ways that could transform the system as we know it. t Provides a critical assessment of the current state of the global trading system t Offers a multi-disciplinary approach to understanding current challenges and opportunities t Examines short to middle-term scenarios and potential developments 446pp 28 b/w illus. 14 tables ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
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The WTO Anti-Dumping Agreement A Detailed Commentary Philippe De Baere
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A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. Written by authors who have been directly involved in a large number of WTO disputes involving the WTO Anti-Dumping Agreement and who have extensive experience in anti-dumping investigations. t A comprehensive and up-to-date commentary on the WTO AntiDumping Agreement, written by practitioners and scholars t Offers an easily accessible tool for understanding the operation and interpretation of the WTO Anti-Dumping Agreement t Takes into account the actual practice of anti-dumping investigations and offers valuable practical insights into how anti-dumping determinations can be successfully challenged before the WTO 548pp 9. 2021 9781108423519 Hardback GBP 175.00 / USD 225.00 eISBN 9781108526241
Trade in Knowledge Intellectual property, Trade and Development in a Transformed Global Economy Antony Taubman
This book offers a fresh understanding of what it means to trade in knowledge in today’s technological and commercial environment. It offers insights into the prospects for knowledgebased development and ideas for updated systems of governance that promote the creation and sharing of the benefits of knowledge. t Provides a fresh understanding of what it means to trade in knowledge in today’s technological and commercial environment t Provides clearer data and ideas for the more nuanced and effective use of data to guide policymakers t Provides insights into the prospects for knowledge-based social and economic development that move beyond conventional thinking and correspond to the contemporary knowledge economy t Provides ideas for updated systems of governance that promote the creation and sharing of the benefits of knowledge as a positive-sum public good 600pp 11. 2021 9781108490429 Hardback GBP 99.99 / USD 130.00 11. 2021 9781108748476 Paperback GBP 39.99 / USD 49.99 eISBN 9781108780919
Jurisprudence, legal theory NEW IN PAPERBACK
A Theory of Legal Obligation Stefano Bertea | University of Leicester
This book puts forward an original and sustained argument concerning the relations between law and obligation. Highlighting the conceptual connections of law and obligation, Bertea establishes a theory of legal obligation that engages with and offers critiques of commonly-held understandings in contemporary jurisprudence. t Questions how should legal obligation be distinctively conceptualized and defends a comprehensive and original theory of legal obligation t Critically assesses the most influential theoretical existing models and presents a new, alternative concept of legal obligation t Explores a unique methodology of inquiry that has not been used in jurisprudence before and is not reducible to any of the traditional methods employed 378pp 5. 2021 9781108465878 Paperback GBP 25.99 / USD 39.99
Christianity and the Laws of Conscience An Introduction Jeffrey B. Hammond
This book explores Christian theological, legal, constitutional, historical, and philosophical meanings of conscience. In doing so, it surveys how conscience has been deployed in the New Testament text, across Christian history, and in various contemporary applications, including rights to sexual expression and constitutional law. t Allows readers to understand conscience from the perspective of various Christian denomination’s and authoritative religious figures t Demonstrates how conscience is most likely to be applied in legal and constitutional settings, while also explaining the meaning of conscience in other disciplines t Argues the case for the importance of accommodations for religious and nonreligious conscience Law and Christianity 450pp 6. 2021 9781108835381 Hardback GBP 95.00 / USD 125.00 eISBN 9781108883856
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Church, State, and Family Reconciling Traditional Teachings and Modern Liberties John Witte, Jr. | Emory University, Atlanta
This book defends the fundamental place of the marital family in modern liberal societies. It encourages churches, states, and other social institutions to collaborate in promoting the integration of sex, marriage, and family life. It defends the rights of women and children against Christian critics, and resists modern liberal efforts to abolish, privatize, or fracture the marital family. t Distills and illustrates the rich family law teachings of the Western tradition t Encourages the integration of sex, marriage, and family life t Offers a theory of the multidimensional family sphere Law and Christianity 456pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781316882542
Great Christian Jurists in the Low Countries Wim Decock | Katholieke Universiteit Leuven, Belgium
This book highlights the impact of Christianity on the history of law and society in the Lowlands. The diversity of Protestant and Catholic jurists’ engagements with the organization of society in the Southern and Northern Netherlands over a period of thousand years is examined from a multi-disciplinary and trans-confessional perspective. t Provides examples of multi-confessional dialogue in historical scholarship, including trans-confessional perspectives on the impact of Catholic and Protestant Christianity on Law and Society in the Low Countries t Offers examples of inter-disciplinary scholarship that crosses the boundaries of academic scholarship and legal practice t Includes both well-known and lesser-known authors who contributed to the development of law and society to provide fresh insights into famous historical figures over a period of almost ten centuries Law and Christianity 350pp 9. 2021 9781108429849 Hardback GBP 99.99 / USD 130.00 eISBN 9781108555388
Law
Law and the Invisible Hand A Theory of Adam Smith’s Jurisprudence Robin Paul Malloy | Syracuse University, New York
A contemporary interpretation of Adam Smith’s work on jurisprudence, revealing Smith’s belief that progress emerges from cooperation and a commitment to justice. In Smith’s theory, the tension between self–interest and the interests of others is mediated by law, so that the common interest of the community can be promoted. t A new, contemporary, and informative analysis of the work of Adam Smith t Advances Smith’s theory of jurisprudence and demonstrates its connection to his work on economics and social progress t Develops new insights on Adam Smith that go beyond and counter stereotypical depictions of Smith as a promotor of greed and selfinterest 225pp 9. 2021 9781108836630 Hardback GBP 69.99 / USD 89.99 9. 2021 9781108812702 Paperback GBP 19.99 / USD 24.99 eISBN 9781108874168
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Law, Love and Freedom From the Sacred to the Secular Joshua Neoh | Australian National University, Canberra
This book relates our most important mode of social organization, law, to two of our most cherished values, love and freedom. It sketches the moral vision that underlies our modern legal order. This book speaks to lawyers, philosophers, theologians and historians, who are interested in law as a humanistic discipline. t The book will appeal to scholars who are interested in the intersection of law and religion t Presents a conceptual analysis of the ideas of law, love and freedom t The idea that history can substantiate theory is expounded and defended -BX BOE $ISJTUJBOJUZ QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/ NEW IN PAPERBACK
Legal Transplants in East Asia and Oceania Vito Breda | University of Southern Queensland
Explores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant. t Shows how legal systems in the regions have adapted alien legal institutions in a way that aligns with distinctive socio-political environments t Discusses multinational and international policies such as enforcement of trans-border contractual obligations, environmental protection, and the management of natural resources and human capital t Provides an internal perspective on the recent historical developments of a range of legal traditions
On Tyranny and the Global Legal Order Aoife O’Donoghue
This book provides a historical and contemporary account of tyranny. It develops a taxonomy of tyranny applicable to any governance order and then applies it to the global legal order. It examines what a right and duty to tyrannicide now looks like, and considers the role of law within tyrannies. t Establishes the theoretical history of tyranny, law, and governance and uses this to create a taxonomy t Considers how tyranny, tyrannicide and trypanophobia operate collectively t Applies the taxonomy of tyranny to two examples, the UN Security Council and international economic law, allowing people to consider the application of the theory and taxonomy to present structures Global Law Series 224pp 10. 2021 9781108498845 Hardback GBP 85.00 / USD 110.00 eISBN 9781108689434
Positive Law from the Muslim World Jurisprudence, History, Practices Baudouin Dupret
Proposing a better way to study and discuss legal phenomena and examples of their unfolding in the Muslim world, this book explores the core concept of positive law as seen from its Islamic historical and cultural fringes. t Provides a multi-faceted introduction to law in action in the Muslim world t Accessible to readers without specialized training in socio-legal studies or Islamic sciences t Offers epistemological, methodological and practical routes into the study of law as concept Law in Context 312pp 6. 2021 9781108845212 Hardback GBP 85.00 / USD 110.00 eISBN 9781108954877
Properties of Law Modern Law and After Kaarlo Tuori | University of Helsinki
The book is a study of legal theory, written in a style which makes it accessible to both academics and the general reader. The book offers a view of modern law alternative to prevalent legal positivism, dominated by the towering figures of Hans Kelsen and H. L. A. Hart. t Introduces a relational approach to law where normativity is related to sociality and vice versa t Introduces a multi-layered view of legal normativity where legal culture is considered an integral part of law t Conceptualizes non-state law and its relationship with state law Law in Context 278pp 9. 2021 9781108844727 Hardback GBP 85.00 / USD 110.00 eISBN 9781108953436
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Statutory Interpretation Pragmatics and Argumentation Douglas Walton | University of Windsor, Ontario
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Drawing on linguistics, legal theory, computing, and dialectics, this book analyzes statutory interpretation in terms of arguments used in everyday reasoning. The authors illustrate complex, crucial legal cases with diagrams and summarize them in schemes, making the methodology accessible to scholars, professionals, and students across disciplines. t Approaches the complex problem of statutory interpretation with an interdisciplinary perspective t Provides argumentation maps that help readers without a background in law understand the legal reasoning tools proposed t Uses numerous legal cases to summarize, classify, and illustrate the proposed analytical methods 320pp 1. 2021 9781108429344 Hardback GBP 85.00 / USD 110.00 eISBN 9781108554572
The Blessings of Liberty Human rights and Religious Freedom in the Western Legal Tradition John Witte, Jr. | Emory University, Atlanta
This book traces the religious sources and dimensions of Human rights and the complex interaction of Human rights and religious freedom norms historically and today. It also answers various modern critics who see Human rights as a betrayal of Christianity and religious freedom as a betrayal of Human rights. t Undercuts arguments that Human rights are modern inventions t Challenges modern critics who dismiss religious freedom as an obstacle to Human rights t Analyzes the latest religious freedom cases of the European and American high courts Law and Christianity 300pp 10. 2021 9781108429207 Hardback GBP 85.00 / USD 110.00 10. 2021 9781108453264 Paperback GBP 22.99 / USD 29.99 eISBN 9781108652841
The Cambridge Companion to Legal Positivism Torben Spaak | Stockholms Universitet
The Cambridge Companion to Legal Positivism provides a comprehensive coverage of this topic with thirty-three chapters from leading legal scholars. It will be well received by legal theorists. t Provides a comprehensive look at legal positivism, one of the fundamental topics of jurisprudence t Brings together a group of elite legal scholar to provide commentary on a wide variety of topics t Demonstrates how legal positivism is still a relevant field of legal theory Cambridge Companions to Law 600pp 2. 2021 9781108427678 Hardback GBP 99.99 / USD 130.00 2. 2021 9781108447010 Paperback GBP 34.99 / USD 44.99 eISBN 9781108636377
The Cambridge Companion to the Rule of Law Jens Meierhenrich
The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understoodideas of legal and political thought and policy practice. t The first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law t Sheds new light on the promise and limits of the rule of law in domestic politics and international affairs t Advances the longstanding, policy-relevant debate about rule of law promotion by governments, NGOs, and international organizations Cambridge Companions to Law 500pp 8. 2021 9781316512135 Hardback GBP 99.99 / USD 130.00 8. 2021 9781108454438 Paperback GBP 29.99 / USD 39.99 eISBN 9781108600569
The Cambridge Handbook of Privatization Avihay Dorfman
What makes some goods and services fundamentally public and why? Sometimes public entities are superior because of the quality of their decisions or the fairness of their decision-making procedures. At other times, they have intrinsic value. This volume explores the justifications for public provision and the justifications for state’s authority. t Provides a systematic classification and analysis of the arguments for and against privatization t Examines the privatization of specific goods and services such as Criminal law, regulation, and social services t Explores questions of privatization in the context of political, legal, and economic theory Cambridge Law Handbooks 600pp 9. 2021 9781108497145 Hardback GBP 160.00 / USD 210.00 eISBN 9781108684330
The Hollow Core of Constitutional Theory Why We Need the Framers Donald L. Drakeman | University of Notre Dame, Indiana
Originalists and living constitutionalists alike have jettisoned the Framers from contemporary constitutional theory. This book shows not only that their practical and theoretical reasoning is unsound, but also that a search for the will of the lawmaker is, and has always been, the core question for judges interpreting legal texts. t Identifies the historical core of constitutional interpretation t Uses important cases as examples to shows how theory and practice fit together t Demonstrates how the Framers provide the key to both the original and updated interpretations of the Constitution 225pp 4. 2021 9781108485289 Hardback GBP 84.99 / USD 110.00 4. 2021 9781108719391 Paperback GBP 24.99 / USD 32.99 eISBN 9781108751001
Law
The Intricacies of Dicta and Dissent Neil Duxbury | London School of Economics and Political Science
The book is aimed at judges, barristers and academic lawyers. It examines obiter dicta and dissenting opinions as aspects of English case law. The author shows that dicta and dissent have complex histories, have been put to various uses, and resist straightforward categorization as secondary sources of law. t Draws on a diverse array of materials from different periods and jurisdictions, introducing lawyers and historians to hitherto neglected legal sources t Considers the history of dicta and dissent as types of judicial pronouncement, demonstrating how the concept of legal authority is highly nuanced, and how a legal system’s rule of recognition can be altered by judges t Provides a detailed examination of the main types of non-binding content to be found in legal judgments 278pp 8. 2021 9781108841498 Hardback GBP 84.99 / USD 115.00 8. 2021 9781108794886 Paperback GBP 29.99 / USD 39.99 eISBN 9781108882590
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The Justice of Visual Art Creative State-Building in Times of Political Transition Eliza Garnsey | University of Cambridge
Provides unique insight into debates in the field of Human rights around how to address violent and traumatic pasts, reconcile divided nations, and strengthen state institutions in the aftermath of conflict; making it of interest to policy-makers, practitioners, and scholars of transitional justice, International Relations, and art theory. t Provides the first substantive and comprehensive theoretical framework for understanding transitional justice and visual art, supported by extensive empirical social science research t Introduces highly original empirical social science research across two case studies, including 130 interviews with key decision makers (such as, senior judges, government representatives, artists, lawyers, staff and visitors) and archival material never before analysed in depth elsewhere t Demonstrates that transdisciplinary research across transitional justice, International Relations, and art theory generates productive and insightful contributions for the study of Human rights and social science more broadly -BX JO $POUFYU QQ C X JMMVT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
The Long Arc of Legality Hobbes, Kelsen, Hart David Dyzenhaus | University of Toronto
This book fundamentally reshapes philosophy of law by making central to its inquiry legality and the rule of law, constitutional theory, political theory, international law, the social contract, and legitimacy. It also shows the way in which the legal theories of Thomas Hobbes and Hans Kelsen enrich current debates. t Spans three legal philosophers whose thinking informs the current state of the philosophy of law, from Hobbes (1651) through Kelsen (1920s) to the more recent legacy of Hart (1951) t Unites legal and political philosophy, showing how different disciplines interact without losing what is distinctive about each t Attempts to break the current deadlock in legal philosophical debate regarding the puzzle of law’s authority: that law is both a matter of right and might 500pp 12. 2021 9781316518052 Hardback GBP 39.99 / USD 49.99 eISBN 9781009049054
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The Prophet of Modern Constitutional Liberalism John Stuart Mill and the Supreme Court John Lawrence Hill | Indiana University
The book explores Mill’s life and influence on the liberal tradition and argues that his reformulation of liberalism has indelibly influenced our modern constitutional rights tradition in the twentieth century including the right to privacy, freedom of expression, equality and, most fundamentally, how we now conceptualize the meaning of liberty. t Provides an interdisciplinary study of liberal political thought and constitutional law t Gives an overview of the history of constitutional rights for political philosophers and other non-lawyers of our constitutional tradition t Explores Mill’s idea of freedom and shows how this has influenced our legal tradition 149pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108755993
The Redress of Law Globalisation, Constitutionalism and Market Capture Emilios Christodoulidis | University of Glasgow
This major new work of constitutional theory looks at the relationship between constitutions and markets, and how it affects our understanding of citizenship and rights. It criticises the way in which thinking about markets at the national, European and global levels has deformed the democratic understanding of the constitution. t Develops the concept of political constitutionalism t Explores interface of the legal system with the political and the economic systems t Explains phenomenology and critical theory as they apply to law Global Law Series 350pp 4. 2021 9781108487030 Hardback GBP 95.00 / USD 125.00 4. 2021 9781108732109 Paperback GBP 34.99 / USD 44.99 eISBN 9781108765329
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Law
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Why Punish Perpetrators of Mass Atrocities? Purposes of Punishment in International Criminal law Florian Jeßberger | Universität Hamburg
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This book is the first comprehensive volume on theories of international punishment and serves as a basis for further research and discussion. It will be of great interest to academics, practitioners and students of international Criminal law and justice. t Presents new thoughts on purposes and meaning of punishment in international Criminal law from different perspectives t Focuses on the practical consequences of the different theoretical approaches and shows how theories of punishment affect or otherwise fail to influence the practice of the International Criminal Court t Explores dimensions of a theory of international punishment and highlights the differences between ‘ordinary’ (domestic) crime and international crimes and their respective enforcement, contributing to the development of a consistent and robust theory of international punishment ASIL Studies in International Legal Theory 410pp 7. 2021 9781108465892 Paperback GBP 27.99 / USD 41.99 )BSECBDL (#1 64% eISBN 9781108566360
Christianity and Market Regulation An Introduction Daniel A. Crane | University of Michigan, Ann Arbor
This volume brings together an interdisciplinary team of academic experts on market regulation to reconsider the impact of Christianity on market regulation. Drawing on law, economics, history, theology, philosophy, and political theory, it will be of interest to a broad audience of scholars and students. t Reflects a diverse set of views in terms of expertise and national perspective from an interdisciplinary and international team of authors t Dives into various regulatory disciplines using the expertise of leading scholars t Presents a variety of faith perspectives, both Catholic and Protestant, to help readers gain an appreciation for a broad range of Christian views Law and Christianity 325pp 7. 2021 9781108495103 Hardback GBP 85.00 / USD 110.00 eISBN 9781108860932
Governing Markets as Knowledge Commons Erwin Dekker
Law and economics Capitalism and the Environment A Proposal to Save the Planet Shi-Ling Hsu
This book rebuts arguments that reject capitalism in favor of socialism to redress environmental crises and inequality. Saving the environment from industrial harm, Hsu argues, requires changes that harness capitalism’s transformative power rather than destroy it. The book is for scholars and students of law, environmental studies, and economics. t Provides an overview of the interwoven histories of capitalism and the environment t Explains how political choices have created a capitalism that is harmful to the global environment t Offers a concrete plan and policy solutions for how to reconcile capitalism and environmental protection and restoration 400pp 9. 2021 9781108474825 Hardback GBP 89.99 / USD 120.00 9. 2021 9781108465526 Paperback GBP 26.99 / USD 34.99 eISBN 9781108681599
This volume brings together studies of the production and reproduction of market-supporting social infrastructures through the prism of knowledge commons. From the production of Scotch-whisky to the governance of blockchain ledgers to the funding of Brazilian Queer-museum, the volume exhibits the importance of knowledge commons in modern society. t Illustrates and conceptualizes the cultural effects of markets t Contains a wide variety of global case-studies from both traditional markets and new technologies t Takes an interdisciplinary approach drawing from economics, sociology, anthropology, and history Cambridge Studies on Governing Knowledge Commons 300pp 10. 2021 9781108483599 Hardback GBP 85.00 / USD 110.00 eISBN 9781108692915
Politics, Policy, and Public Options Ganesh Sitaraman
Policymakers and scholars in political science, law, economics, sociology, public policy, and history will find this book’s interdisciplinary analysis and indepth case studies helpful for understanding public options within and beyond health care policy. This title is also available as Open Access on Cambridge Core. t Considers public options across policy domains and sectors t Outlines the benefits and limitations of public options t Explores broad issues related to public options, such as the publicprivate boundary and the long history of public provision in the United States t This title is also available as Open Access on Cambridge Core 280pp 7. 2021 9781108487641 Hardback GBP 69.99 / USD 89.99 7. 2021 9781108720748 Paperback GBP 22.99 / USD 29.99 eISBN 9781108767552
Law
Law and technology, science, communication
Data-Driven Personalisation in Markets, Politics and Law Uta Kohl
A Commercial Law of Privacy and Security for the Internet of Things Stacy-Ann Elvy | University of California, Davis
This examination of the legal and consumer implications of the Internet of Things is for academics, lawyers, consumers, technology companies, privacy and security experts, and policy and government professionals. Elvy offers concrete solutions to usher in a more robust commercial law of privacy and security that protects consumer interests. t Presents a detailed overview of what the Internet of Things (IoT) means for individuals and society, including the use of IoT devices in COVID-19 pandemic response efforts t Proposes a comprehensive approach to addressing inadequacies found in various sources of privacy and security law and commercial law at both the federal and state level, including a new theory of products liability law t Offers three non-exhaustive reasons that, in combination, could explain the seeming disconnect between commercial law and privacy law. 280pp 7. 2021 9781108482035 Hardback GBP 84.99 / USD 110.00 7. 2021 9781108741781 Paperback GBP 26.99 / USD 34.99 eISBN 9781108699235
Algorithms and Autonomy The Ethics of Automated Decision Systems Alan Rubel | University of Wisconsin, Madison
Algorithms influence every facet of modern life. However, delegating important decisions to machines gives rise to deep moral concerns about responsibility, transparency, fairness, and democracy. This book examines these concerns by connecting them to the human value of autonomy. This title is also available as Open Access on Cambridge Core. t Grounds common criticisms of algorithmic systems (including fairness, transparency, bias, harm, manipulation) on firm philosophical grounds t Allows non-specialists to understand the depth and importance of philosophical questions underlying issues of moral concerns in algorithmic systems t Provides philosophers with real-world examples of cases where they can apply their skills 250pp 5. 2021 9781108841818 Hardback GBP 89.99 / USD 120.00 5. 2021 9781108795395 Paperback GBP 29.99 / USD 39.99 eISBN 9781108895057
Autonomous Organizations Shawn Bayern | Florida State University
Written by a legal theorist with a background in computer technology, this book shows how existing law in the US can enable software to gain the capabilities of “legal persons.” Bayern argues that this capability is not as scary as it appears and that it has several potential positive benefits. t Demonstrates how functional legal personhood can be given to software systems, such as artificial intelligence, under laws that already exist t Shows ways in which complex algorithms can interact with the legal system t Explores the implications for law of the flexibility of modern legal organizations, including the development of ‘autonomous’ organizations
Corporations and governments use data-based algorithms to predict and control human behavior. This transforms everyday life - from online shopping and granting mortgages to the length of criminal sentences and personalised medicine. This book reviews and critiques this new sociotechnological development and law as its prime facilitator. t Examines the current legal and policy responses to the introduction and expansion of data-driven personalisation t Considers how algorithmic personalisation can have discriminatory effects and enhance the social and economic power of elites t Provides both academic and policy perspectives on how technology is infiltrating human life in new ways 300pp 7. 2021 9781108835695 Hardback GBP 85.00 / USD 110.00 eISBN 9781108891325
Governing Privacy in Knowledge Commons Madelyn Rose Sanfilippo | University of Illinois, UrbanaChampaign
Scholars from various disciplines explore privacy governance using the Governing Knowledge Commons framework. Case studies drawn from contexts such as academia, social media, mental health, and IoT provide insights into how privacy shapes community knowledge production. This title is also available as Open Access on Cambridge Core. t Expands and clarifies the Governing Knowledge Commons (GKC) framework to address privacy, legitimacy, exit, and voice t Introduces the GKC theory using accessible explanations and examples t Explores the parallels between the GKC framework and Contextual Integrity (CI) framework Cambridge Studies on Governing Knowledge Commons 400pp 3. 2021 9781108485142 Hardback GBP 95.00 / USD 125.00 eISBN 9781108749978
Government Cloud Procurement Contracts, Data Protection, and the Quest for Compliance Kevin McGillivray
McGillivray provides essential information on the core legal compliance issues for the many governments and government agencies currently considering adopting cloud computing services. The book is relevant for organizations deliberating cloud, as well as researchers, professors and students working in both law and technology fields. t Provides a detailed analysis of the impact of the General Data Protection Regulation (GDPR) on the adoption of cloud computing t An in-depth source on information pertaining to cloud computing contracts t Offers governments guidance on meeting legal compliance obligations when working with cloud service providers 300pp 11. 2021 9781108837675 Hardback GBP 85.00 / USD 120.00 eISBN 9781108942485
190pp 10. 2021 9781108839938 Hardback GBP 59.99 / USD 74.99 10. 2021 9781108813853 Paperback GBP 19.99 / USD 24.99 eISBN 9781108878203
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Law
Industry Unbound The Inside Story of Privacy, Data, and Corporate Power Ari Ezra Waldman | Northeastern University, Boston
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Using rich first-hand sources, Waldman provides an unprecedented account of how tech companies undermine privacy law from the inside. Industry Unbound brings together seemingly separate issues–discourse, law, and design–to reveal tech companies’ strategies to perform symbolic acts of protecting privacy while extracting our data. t The first account to show how informational capitalism operates on the ground t Offers new research on largely inaccessible institutions to broaden common understandings of tech companies t Makes complex theories from disciplines across law and the social sciences accessible while remaining academically rigorous 378pp 9. 2021 9781108492423 Hardback GBP 20.00 / USD 24.95 eISBN 9781108591386
Just Algorithms Using Science to Reduce Incarceration and Inform a Jurisprudence of Risk Christopher Slobogin | Vanderbilt University, Tennessee
This book is for anyone concerned about human and fiscal costs of jails and prisons. It shows how properly-developed algorithms can force the adoption of more legally sophisticated bail and sentencing practices that reduce incarceration, minimize racially biased decision-making, and maximize the use of resources, without sacrificing public safety. t Explains how risk algorithms work and how they can be used to reduce incarceration t Provides readers with an understanding of the constitutional and subconstitutional issues relevant to algorithms t Examines sentencing alternatives and how they interact with plea bargaining 240pp 7. 2021 9781108833974 Hardback GBP 84.99 / USD 110.00 7. 2021 9781108984348 Paperback GBP 22.99 / USD 29.99 eISBN 9781108988025
Law and Mind A Survey of Law and the Cognitive Sciences Bartosz Brożek | Jagiellonian University, Krakow
A comprehensive look at the emerging field of law and the cognitive sciences, this book examines how the recent revolution in psychology and neuroscience can shed new light on legal problems. It is for legal scholars and philosophers, cognitive scientists, psychologists and neuroscientists, and scholars of criminal and Evidence law. t Utilizes the newest insights from cognitive sciences to shed light on different spheres of legal reflection and practice t Highlights the tension between the scientific and the legal conceptions of human decision-making t Explores the links between insights from the cognitive sciences to philosophical questions about law - as well as the limitations of these connections Law and the Cognitive Sciences 400pp 4. 2021 9781108486002 Hardback GBP 95.00 / USD 125.00 eISBN 9781108623056
Law and Policy for the Quantum Age Chris Jay Hoofnagle | University of California, Berkeley
Law and Policy for the Quantum Age is for readers interested in the political and business strategies underlying quantum sensing, computing, and communication. This work explains how these quantum technologies work, future national defense and legal landscapes for nations interested in strategic advantage, and paths to profit for companies. t Provides an accessible explanation of the basics of quantum information science (QIS) and the resulting quantum technologies: quantum sensing, computing, and communications t Offers a policy analysis of QIS and quantum technologies t Available via Open Access 180pp 10. 2021 9781108835343 Hardback GBP 69.99 / USD 89.99 10. 2021 9781108793179 Paperback GBP 22.99 / USD 29.99 eISBN 9781108883719
Privacy in the Age of Neuroscience Reimagining Law, State and Market David Grant | University of Melbourne
Neuroscience has begun to intrude deeply into our lives and will demolish our present understanding of privacy. David Grant proposes a new sense of privacy and examines the changes needed across law, the State, and Market to support it. His analysis will interest privacy law scholars and students alike. t Offers a new account of privacy based on a reappraisal of the physical and psychological space of privacy t Shows why present theories of privacy are inadequate as guides for resisting intrusions of neural technologies t Demonstrates why public policies need to be reinvigorated to better address the deep impacts of neuroscience 300pp 4. 2021 9781108835428 Hardback GBP 74.99 / USD 99.99 4. 2021 9781108793360 Paperback GBP 26.99 / USD 34.99 eISBN 9781108883931
Runaway Technology Can Law Keep Up? Joshua A. T. Fairfield
Fairfield provides a fresh look at how we can create the kind of laws that help humans thrive in the face of technological change. Examining how law is a kind of social technology, this book is for anyone interested in the fields of property, privacy, security, and law and technology. t Explains how language and law evolve and interact with a multi-disciplinary approach t Offers a roadmap for evaluating legal rules that will benefit humanity and solve complex problems of future technology t Analyzes surveillance capitalist messaging around law 306pp 2. 2021 9781108426121 Hardback GBP 49.99 / USD 64.99 2. 2021 9781108444576 Paperback GBP 15.99 / USD 19.95 eISBN 9781108545839
Law
TEXTBOOK
Technology Law Australian and International Perspectives Marcus Smith
Technology Law: Australian and International Perspectives presents a thorough exploration of the new legal challenges created by evolving technologies, from the use of facial recognition technology in criminal investigations to the rise and regulation of cryptocurrencies. t Comprehensive coverage of topics with contemporary examples t Discussion of policy t High level account of the law in Australia with international perspectives 396pp 7. 2021 9781108816014 Paperback GBP 69.99 / USD 99.99 eISBN 9781108895613
The Cambridge Handbook of Lawyering in the Digital Age Larry A. DiMatteo | University of Florida
This book gives legal practitioners, academics, and law students a comprehensive look at the main impacts of artificial intelligence use in legal practice. Contributors identify the main challenges surrounding a legally compliant and ethical development of AI and craft a framework for analyzing the costs and benefits of new technology. t Provides an up-to-date analysis of the current and possible uses of technology in legal practice, along with the regulatory initiatives in this area t Covers areas of both public and private law while addressing issues such as the role of government regulation and judicial use of technology t Offers a detailed perspective on the future of legal professions Cambridge Law Handbooks 500pp 10. 2021 9781108837460 Hardback GBP 200.00 / USD 260.00 eISBN 9781108936040
The Right to Repair Reclaiming the Things We Own Aaron Perzanowski | Case Western Reserve University, Ohio
Companies design their products, business models, and marketing strategies to stop us from repairing the devices we own. In doing so, they extract untold billions of dollars from consumers, stifle competition, and inflict massive damage on the planet. This book explains how we can harness the power of law to regain control over technology. t Reveals the tools firms use to restrict repair, from design and economics to law and social norms t Explains the complex and often opaque legal landscape that defines repair markets t Identifies reforms to law and product design that could promote repair and empower consumers 230pp 2. 2022 9781108837651 Hardback GBP 85.00 / USD 110.00 2. 2022 9781108931496 Paperback GBP 14.99 / USD 19.95 eISBN 9781108946926
We, the Robots? Regulating Artificial Intelligence and the Limits of the Law Simon Chesterman | National University of Singapore
Should we regulate artificial intelligence? Can we? From self-driving cars and high-speed trading to algorithmic decision-making, the way we live, work, and play is increasingly dependent on AI systems. This book examines how our laws are dealing with AI, as well as what additional rules and institutions are needed. t An accessible and fresh look at the problems that AI poses for regulation due to its speed, autonomy, and opacity t Introduces three lenses to distinguish between discrete regulatory dilemmas t Widens the discourse beyond the United States and Europe to include China, Singapore, and other jurisdictions 310pp 8. 2021 9781316517680 Hardback GBP 29.99 / USD 39.99 eISBN 9781009047081
Legal history The Privacy Fix How to Preserve Privacy in the Onslaught of Surveillance Robert H. Sloan
Going beyond current books on privacy, The Privacy Fix proposes specific solutions to public policy issues connected with online privacy and practical steps for readers to protect themselves online. Requiring no technical or legal expertise, the book explains complicated concepts in clear, straightforward language. t Describes sophisticated technological, economic, legal, and public policy issues in plain English t Provides a practical framework in which concerns about privacy can be addressed effectively t Explains the problems and offers solutions 280pp 10. 2021 9781108486712 Hardback GBP 85.00 / USD 110.00 10. 2021 9781108708210 Paperback GBP 26.99 / USD 34.99 eISBN 9781108762168
Common Law, Civil Law, and Colonial Law Essays in Comparative Legal history from the Twelfth to the Twentieth Centuries William Eves | University of St Andrews, Scotland
This book’s audience will be academics and undergraduate and postgraduate students working in the fields of Legal history and comparative history, as well as History and Law more generally. The essays will also be of interest to practitioners with an interest in Legal history. This title is also available as Open Access on Cambridge Core. t Assembles a collection investigating issues of comparative Legal history from a wide range of periods, areas, and approaches. t Integrates a range of essays thematically by careful selection, from a range of perspectives across the globe t This book is also available as Open Access 278pp 4. 2021 9781108845274 Hardback GBP 85.00 / USD 110.00 eISBN 9781108955195
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English Law Under Two Elizabeths The Late Tudor Legal World and the Present Sir John Baker | University of Cambridge
A novel experiment in comparative Legal history, exploring the legal world in England under Elizabeth I and Elizabeth II. Despite the distance of four centuries, many of the concerns of Elizabethan lawyers resonate with those of today. The book concentrates on the rule of law and the delivery of justice. t An original, highly readable study by one of the UK’s foremost legal historians t Throws new light on the Elizabethan foundations of the rule of law t Brings Legal history to a new audience, including legal practitioners
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The Hamlyn Lectures 144pp 1. 2021 9781108837965 Hardback GBP 69.99 / USD 89.99 1. 2021 9781108947329 Paperback GBP 22.99 / USD 29.99 eISBN 9781108936705
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Infidels and Empires in a New World Order Early Modern Spanish Contributions to International Legal Thought David M. Lantigua | University of Notre Dame, Indiana
Explores the ambivalent legacy of indigenous peoples’ natural rights articulated by Europeans in Spanish and English colonial contexts. It will appeal to scholars of religion, law, international relations, Latin America, history, and politics interested in early modern religious and legal arguments for the dispossession and freedom of Amerindians. t Provides Spanish theological foundations of international legal thought and its mixed legacies in a transnational colonial context of the AngloIberian Atlantic t Presents a new way of thinking about the ambivalent roots of international law in the West by focusing on the Spanish debate at Valladolid about infidel rights, instead of the standard myth of Westphalia about equal European states t Rescues the Spanish theologians from historical oversimplification as predecessors to either Grotius, Kant, or Western imperialism Law and Christianity QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108633499 NEW IN PAPERBACK
Law, Lawyers and Litigants in Early Modern England Essays in Memory of Christopher W. Brooks Michael Lobban | London School of Economics and Political Science
This collection of essays by prominent historians examines and builds on the scholarly legacy of Christopher W. Brooks, the leading historian of early modern English law, society and politics. Of interest to early modern historians of England and socio-legal scholars, exploring how law was understood and used by different communities. t Offers an up-to-date assessment of the scholarship on early modern law, lawyers and litigants t Offers a summary and analysis of the late Christopher W. Brooks’s contribution to early modern history t Brings together the usually separate fields of Legal history and social history QQ C X JMMVT UBCMFT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
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Legal Sabotage Ernst Fraenkel in Hitler’s Germany Douglas G. Morris
Readers will be fascinated by the resistance of Ernst Fraenkel within Nazi Germany. A Social Democratic Jewish lawyer, he represented political defendants, worked in the underground, and wrote a classic account of Nazism’s law and politics. His gripping story shows the possibilities and limitations of using law against brutal authoritarian rule. t Tells the story of a criminal defense lawyer in Nazi Germany and brings to life the nature of the criminal justice system and political opposition during Nazism’s brutal rule t The narrative encompasses a range of Nazism’s early victims and captures the nature, possibilities, and limits of domestic resistance during the first half of the Nazi regime t Sets forth how Fraenkel developed his classic dual state theory, which combined an analysis of Nazism’s legal and political system with a theory of resistance Cambridge Studies in Constitutional Law 303pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108872324
Making Commercial Law through Practice 1830–1970 Law as Backcloth Ross Cranston | London School of Economics and Political Science
This history of English commercial law draws on archival research. It gives the lawyer and law student background to current commercial law, furnishes historians with an explanation of commercial law and practice relevant to international trade, manufacturing and finance, and adds a new dimension to the history of British commerce. t Demonstrates the use to which lawyers can put archives t Sheds light on key legal issues relevant to trade, trade financing and distributing and financing manufactured goods t Aimed at law students, practitioners and historians Law in Context 300pp 5. 2021 9781107198890 Hardback GBP 85.00 / USD 110.00 eISBN 9781108182836
Tying the Knot The Formation of Marriage 1836–2020 Rebecca Probert | University of Exeter
Tying the Knot is for anyone interested in how couples have married from 1836 to the present day. It shows how the legal options have evolved and how social practices have changed, and demonstrates how the legal regulations have hindered many couples from marrying in accordance with their beliefs. t Draws on an exceptionally wide range of primary sources to investigate both marriage law and practice and showcases original findings t Provides a detailed account of the evolution of the law, including the limitations of the reforms enacted t Traces marriage law and practice from the early nineteenth century through to the present day Cambridge Studies in English Legal history 288pp 9. 2021 9781316518281 Hardback GBP 85.00 / USD 110.00 eISBN 9781009000109
Law
Unraveling Abolition Legal Culture and Slave Emancipation in Colombia Edgardo Pérez Morales | University of Southern California
This book focuses on the legal origins of the antislavery movement in Colombia, revealing how slaves, former slaves, magistrates and legal workers called for freedom and citizenship during trials and litigation. A wholly unique study for those interested in slavery and emancipation in the Americas. t Uncovers the crucial role slaves, former slaves, and magistrates played in calling for freedom and citizenship in Colombia t Intersects with the broader criticisms of slavery that were taking place at the turn of the nineteenth century t One of the first books to exclusively cover the Legal history of slavery in Colombia from 1781 to 1830 Studies in Legal history 256pp 4. 2022 9781108831529 Hardback GBP 85.00 / USD 110.00 eISBN 9781108917513
Legal skills and practice Learning Law Second edition Anthony Marinac
Learning Law is an accessible and engaging introduction to Australian law for students considering a career in the legal profession. This text is an essential resource that law students will refer to throughout their studies and in the early stages of their career. t Written in an engaging style designed to demystify the law and get students excited about their law studies and careers t Includes a fully integrated interactive ebook, replete with useful links and videos as well as extension and revision questions that allow students to test their own knowledge as they go t Encourages students to think critically about the future of the law profession by including an ‘Critical Perspectives’ boxes and ‘Living Law’ case studies that highlight the diversity of career opportunities available to law graduates 486pp 2. 2021 9781108908191 1 Online resource, 1 Paperback GBP 75.00 / USD 99.99 eISBN 9781108908184
Legal Informatics Daniel Martin Katz | Chicago-Kent College of Law
Integrating theory, history, and real-world case studies, this book offers a first-of-its-kind overview of the discipline behind the transformation of the production and economics of the legal industry. Legal Informatics is an ideal resource for anyone interested in identifying, understanding, and executing opportunities in this exciting field. t Presents an introduction to legal technology and informatics in relatively non-technical, accessible language t Features more than 20 contributing authors who provide a variety of perspectives on the field t Includes 10–15 practical examples in which principles are applied to real-use cases 600pp 2. 2021 9781107142725 Hardback GBP 140.00 / USD 180.00 eISBN 9781316529683
Medical law, health law NEW IN PAPERBACK
Beyond Autonomy Limits and Alternatives to Informed Consent in Research Ethics and Law David G. Kirchhoffer
This book is for anyone interested in research involving humans, such as researchers, potential participants, ethics committees and institutional review boards, university educators and students, and policy makers. It analyses the limitations of respect for autonomy that lead to under-research of vulnerable groups, and explores new ethical approaches. t Offers a multidisciplinary and interdisciplinary exploration of the limits of respect for autonomy in human research ethics and the search for solutions t Engages with concrete historical and recent cases in human research ethics t Boasts an international list of contributors who are expert in their fields and who have practical experience in human research ethics governance and policy-making Cambridge Bioethics and Law 226pp 5 tables ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108649247
Consumer Genetic Technologies Ethical and Legal Considerations I. Glenn Cohen | Harvard Law School, Massachusetts
As genetic testing becomes more commonplace, affordable, and comprehensive, the legal and ethical issues surrounding these technologies loom ever larger. Assembling experts from diverse fields, this volume considers key questions around protecting consumer safety and privacy throughout the many different models used to deliver consumer genetics. t Explores the myriad models used to deliver consumer genetics, including the traditional health care setting, life insurance, Do-ItYourself (DIY) Bio, and Direct-to-consumer testing t Offers guidance for medical providers, patients, policymakers, and other stakeholders in the field t Shows how the chimeric nature of consumer genetic technologies makes them difficult to regulate 380pp 9. 2021 9781108836616 Hardback GBP 89.99 / USD 120.00 9. 2021 9781108812672 Paperback GBP 29.99 / USD 39.99 eISBN 9781108874106
International Perspectives on End-of-Life Law Reform Politics, Persuasion and Persistence Ben P. White | Queensland University of Technology
This interdisciplinary analysis will appeal to those in the fields of law, health and medicine, bioethics, regulation and political science, as well as those working in parliaments and government bodies with responsibility for reform, non-government organisations, advocacy groups and civil society groups engaged in reform debates. t Examines seminal cases of modern international end-of-life law reform from across the world t Written by leading interdisciplinary and international end-of-life scholars, providing authoritative guidance from the disciplines of law, bioethics, medicine and sociology t Provides insight into how and why end-of-life law reform occurs through distilling experience from ten international case studies Cambridge Bioethics and Law 250pp 10. 2021 9781108489775 Hardback GBP 85.00 / USD 110.00
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eISBN 9781108779364
Intimations of Mortality Medical Decision-Making at the End of Life Barbara A. Reich
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A thoroughly researched explanation for the failures of end-of-life communication and decision-making in the United States. The book explores the reasons why physicians, patients, and families struggle to have the conversations necessary to provide seriously ill and dying patients with medical care consistent with patient preferences. t Provides a detailed discussion of the ideal of informed consent law versus the realities of the decision-making and consent process in clinical practice t Offers a comparative analysis of practices in England and Canada to explore how the health care system in the US influences end-of-life decision-making t Helps readers to understand why informed consent as a legal doctrine and in clinical practice does not work well to support good decisionmaking at the end of life 250pp 1. 2022 9781108486804 Hardback GBP 85.00 / USD 110.00 eISBN 9781108762595
Mental Health, Legal Capacity, and Human rights Michael Ashley Stein
This book is for scholars, practitioners, and advocates in law, psychiatry, and public health and policy. It is essential reading for anyone interested in applying Human rights principles to mental health settings or supporting people with psychosocial disabilities to make rights-based decisions about their own wellbeing. t Features contributors from twenty-one countries, providing an international perspective t Includes lived-experience accounts about legal capacity, supported decision-making, and involuntary mental health treatment t Offers insights into law reform, clinical protocols and practices, and areas for advocacy. 300pp 9. 2021 9781108838856 Hardback GBP 85.00 / USD 110.00 eISBN 9781108979016
The Cambridge Handbook of Health Research Regulation Graeme Laurie | University of Edinburgh
This multi-disciplinary Handbook examines human health research and its regulation. It uses real world examples - research using patient data, tissue and other human materials - to explore current challenges in delivering good medical research for the public good. Practical recommendations for real-world situations are a key feature of the book. t This title is Open Access t Covers both theory and practice in human health research regulation t Includes recommendations for lessons to be learned from a wide range of case studies t Shows how different disciplines can benefit from each other’s knowledge Cambridge Law Handbooks 436pp 6. 2021 9781108475976 Hardback GBP 150.00 / USD 195.00 eISBN 9781108620024
The Human Embryo In Vitro Breaking the Legal Stalemate Catriona A. W. McMillan | University of Edinburgh
In the UK, the intellectual basis of legal framework governing the creation, use and storage of in vitro embryos for reproduction and research has not been revisited for over thirty years. This book explores the reasons behind this ‘legal stasis’, and considers ways in which we can move beyond it. t A historical account of the regulation of life before birth from the very first mention of ‘embryo’ in case law, to today’s legal frameworks for in vitro embryos t Explores the ways in which law has (historically and presently) engaged with the processual, rapidly evolving perspectives of the early stages of human life t Written in a style that is understandable to those from various disciplinary backgrounds beyond law alone Cambridge Bioethics and Law 224pp 4. 2021 9781108844109 Hardback GBP 85.00 / USD 110.00 eISBN 9781108933421
Rewriting Nature The Future of Genome Editing and How to Bridge the Gap Between Law and Science Paul Enríquez
Rewriting Nature is an insightful interdisciplinary exploration of the prospects and challenges of genome-editing law, science, and policy. It offers a compelling and valuable resource for jurists, scholars, scientists, lawyers, policymakers, journalists, students, and anyone seeking to develop an in-depth understanding of gene editing and the law. t Proposes a normative, empirical-based, flexible legal framework to address questions of science and law t Provides a clear foundation of the science and building blocks of genome editing to render complex scientific principles accessible to audiences without a scientific background t Features accessible, clear, and stimulating narratives to help convey the significance of emerging genome-editing technologies 350pp 6. 2021 9781108475709 Hardback GBP 85.00 / USD 110.00 6. 2021 9781108468794 Paperback GBP 34.99 / USD 44.99 eISBN 9781108598897
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Trust in Medicine Its Nature, Justification, Significance, and Decline Markus Wolfensberger | Universität Basel, Switzerland
Jointly written by an academic surgeon and an analytic philosopher with a special interest in medical ethics, Trust in Medicine should appeal to those participating in the ongoing debate about the nature and decline of trust - be it as medical professionals, medical ethicists, medical lawyers, or philosophers. t Provides a comprehensive analytic definition of ‘trust’, adaptable to different situations t Combines the expertise of a physician and a philosophical medical ethicist t Presents reasons for the decline of trust in medicine and lays the foundation for how to improve it $BNCSJEHF #JPFUIJDT BOE -BX QQ C X JMMVT UBCMFT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Law
Private international law
Property law
Jurisdictional Exceptionalisms
A Liberal Theory of Property
Islamic Law, International Law and Parental Child Abduction Anver M. Emon | University of Toronto
Hanoch Dagan
This book will interest students and scholars examining the complex relations between the West and the so-called Muslim world. Using a specific legal issue, the study interrogates the broad topics of international law and Islamic law, demonstrating the exceptionalisms at play that make more general Human rights debates so fraught. t Sets out a new innovative method in comparative Legal history t Locates the historical and analytic research in a real-world problem t Illuminates both Islamic law and international law through the problem of child abductions Law in Context 312pp 4 tables 8. 2021 9781108837255 Hardback GBP 85.00 / USD 110.00 eISBN 9781108938693
Property law can and should expand people’s opportunities for individual and collective self-determination while restricting options of interpersonal domination. This book is for scholars and students across disciplines from philosophy and economics to political science, as well as anyone interested in the cutting edge of Private law theory. t Shows why the justification and legal architecture of property must be examined in tandem t Develops a theory of property that accommodates seemingly conflicting normative commitments t Offers coherent liberal proposals relevant to ongoing legal reform debates 250pp 4. 2021 9781108418546 Hardback GBP 74.99 / USD 99.99 4. 2021 9781108407533 Paperback GBP 26.99 / USD 34.99 eISBN 9781108290340
Preclassical Conflict of Laws Nikitas E. Hatzimihail | University of Cyprus
This book offers an original approach to the study of conflict of laws and Legal history that exposes doctrinal lawyers to historical context and legal historians to the intricacies of legal doctrine. It also serves as an advanced introduction to Private international law. t Offers a pioneering study on the historiography and the uses of past in conflict-of-laws doctrine t Useful for both legal scholars and historians, including advanced students t Initiates doctrinal lawyers to historical context and exposes legal historians to the intricacies of legal doctrine Cambridge Studies in International and Comparative Law 616pp 7. 2021 9780521863025 Hardback GBP 85.00 / USD 110.00 eISBN 9781139016674
Private law Charity Law and Accumulation Maintaining an Intergenerational Balance Ian Murray | University of Western Australia, Perth
This book is for academics, philanthropists, legal practitioners, charity managers and policy advisers. The normative, doctrinal and comparative analysis considers how regulatory systems require charities to provide public benefit to those currently alive and how decision-making about the timing of these benefits is allocated between generations. t Undertakes a holistic doctrinal, normative and comparative analysis of the legal constraints upon accumulation by charities t Reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations – and identifies intergenerational justice as a theoretical basis to fill those gaps t The book’s analysis demonstrates some fundamental doctrinal flaws by a range of actors in their current approaches to charity accumulation rules
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Destabilized Property Property law in the Sharing Economy Shelly Kreiczer-Levy
This book studies the rise of access and the effect of the sharing economy on property as a social and legal institution. It will benefit academics, students, policymakers and practitioners interested in the sharing economy, property, legal theory, and more broadly, internet and society, market economy, and law and society. t Provides a theory of the impact of the sharing economy on Property law and a theoretical account of the changing landscape of property t Offers a normative legal account of the sharing economy impact on Property law and provides recommendations for law reform, including platform accountability, regulation of the sharing economy and reforms to antidiscrimination laws t Discusses changing consumption patterns, and the preference of access over ownership in Property law and analyses the social, communal and relational implications of the changing landscape of property, due to the rise of access -BX JO $POUFYU QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
320pp 8. 2021 9781108490597 Hardback GBP 85.00 / USD 110.00 eISBN 9781108854283
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Public international law NEW IN PAPERBACK
A History of Humanitarian Intervention Mark Swatek-Evenstein
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History is underrepresented in international law, in particular in the narrative created for the legal instrument ‘humanitarian intervention’. This book examines the historical events and narratives created around them in international law in context to tell an undogmatic, alternative history of the fight for the protection of Human rights. t Reconnects the historical events that shaped the idea of ‘humanitarian intervention’ in international law to the evolution of the doctrine t Rediscovers classic positions on ‘humanitarian interventions’ and puts them into context t Provides a new narrative for the evolution of ‘humanitarian intervention’ 290pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781107449459
Articulating Security The United Nations and its Infra-Law Isobel Roele | Queen Mary University of London
Interrogates the United Nations’ counter-terrorism management and its relationship to international law and justice. Foucault and Freud frame this interdisciplinary critique of managerial governance to solve security challenges. Relevant for scholars in International Law, International Relations, Security Studies and Organizations Studies. t Provides a new reading of Foucault’s disciplinary power for a flexibilized and globalized world t Offers a critical reading of cooperative strategies to solve interdependence problems t Draws on psychoanalysis to give international lawyers a way to analyze the ambivalent relationship between juridico-political government and managerial governance 225pp 3. 2022 9781107182387 Hardback GBP 85.00 / USD 110.00 eISBN 9781316856468
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Altruism in International Law
Capitalism As Civilisation
Jason Rudall | Universiteit Leiden
A History of International Law Ntina Tzouvala
Offers a unique study of international law through the lens of altruism. Given the wide reach of its subject-matter, those with an interest in the formation and history of international law, legal philosophy, ethics and Human rights will find this book to be a valuable resource. t Provides a theory of altruism in international law t A systematic and comprehensive examination of practical manifestations of altruism in international law t Explores key concepts and the connections between altruism and individualism, cosmopolitanism and statism, and substance and form, in the context of international law 376pp 8. 2021 9781108835251 Hardback GBP 85.00 / USD 110.00 eISBN 9781108892018
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American Foreign Policy Ideology and the International Rule of Law Contesting Power through the International Criminal Court Malcolm Jorgensen | Humboldt-Universität zu Berlin
An accessible account of how American foreign policy ideologies structure competing meanings of the ‘international rule of law’. International Criminal Court history is reconsidered as contestation between ideological conceptions of international law, between American policymakers and global counterparts, and among American policymakers themselves. t Addresses blind spots in international law scholarship through interdisciplinary research to explain contradictions in American engagement with international law t Provides comparative international law analysis focused on the legal conceptions of a named country and of the granular positive elements that constitute distinctive American conceptions of international law t Develops a working definition of the ‘international rule of law’ and directly compares identified ideological understandings of legal policymakers QQ UBCMFT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
This monograph offers a comprehensive history of the standard of civilisation, a core component of the history of international law, that also shows its relevance for contemporary lawyers. It offers a distinctive intervention in the context of the recent revival of the history and theory of international law. t Offers a fresh perspective to disciplinary debates about legal indeterminacy by showing that the contradictions of ‘civilisation’ are the way the pro-capitalist bias of international law manifests itself t Combines methodological tools drawn from Marxism and deconstruction, enabling the reader to take the textuality of the law seriously while also situating these texts within the structures of global capitalism t Elucidates the role and continuing purchase of racialised and gendered tropes for international legal argumentation and helps its audience decipher the racist and sexist presuppositions of supposedly neutral legal doctrines Cambridge Studies in International and Comparative Law 276pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108684415
Christianity and International Law An Introduction Pamela Slotte
This volume offers a many-sided introduction to the theme of Christianity and international law. Using a historical and contemporary perspective, it will appeal to readers interested in key topics of international law and how they intersect with Christianity. t Engages a wide variety of themes at the intersection of international law and Christianity, which speaks to a wide range of scholarly interests t Offers new possibilities for how to engage in interdisciplinary work around the themes of international law and Christianity t Provides chapters from a variety of expert contributors who are wellversed in law and religion Law and Christianity 400pp 5. 2021 9781108474559 Hardback GBP 110.00 / USD 145.00 5. 2021 9781108464970 Paperback GBP 29.99 / USD 39.99 eISBN 9781108565646
Law
Climate Change and Maritime Boundaries
Democracies and International Law
Legal Consequences of Sea Level Rise Snjólaug Árnadóttir
Tom Ginsburg
The accelerating changes to the world’s coastlines caused by climate change are affecting the law of the sea. Árnadóttir explains how the extent of national jurisdiction changes with receding coasts, how environmental changes threaten the stability of internationally settled maritime boundaries and how these adverse effects can be mitigated. t Brings together contemporary debates in the international law of the sea and climate change t Discusses proposals for stabilizing maritime limits and available methods for accommodating such changes t Written for international lawyers, political scientists, diplomats and scholars of international relations 304pp 12. 2021 9781316517895 Hardback GBP 85.00 / USD 110.00 eISBN 9781009047906
Concepts and Contexts of Vattel’s Political and Legal Thought Peter Schröder | University College London
Emer de Vattel was one of the last eminent thinkers of natural law. His ideas served to promote reform programmes spanning economic reform, constitutionalism and international diplomacy and foreign trade policy. Vattel’s conception centred around the principle that defined all sovereign states as nations composed of societies of free men. t Explores Vattel’s elaboration of his legal and political model in The Law of Nations. t Addresses Vattel’s international thought from three distinct angles: (I) historical contexts, (II) concepts and (III) receptions. t Explains Vattel’s legal and political concepts in an interdisciplinary approach 400pp 6. 2021 9781108489447 Hardback GBP 95.00 / USD 125.00 eISBN 9781108784009
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Cyber Operations and International Law François Delerue
This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations. t Provides a comprehensive and systematic analysis of the international law applicable to cyber operations and question of remedies t Highlights the limits of international law and demonstrates that international law does not constitute a panacea that solves all issues related to cyber operations t Provides a detailed analysis of cyber interventions and discusses new possibilities cyberspace offers states to intervene in both the internal and external affairs of another state $BNCSJEHF 4UVEJFT JO *OUFSOBUJPOBM BOE $PNQBSBUJWF -BX QQ ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
Anyone interested in the future of democracy needs to understand the role of international law in resisting or facilitating authoritarianism. As the balance of power between democracies and authoritarians shifts, it will have consequences for the international legal order. t Explains the difference between democratic and authoritarian approaches to international law to help readers understand one of the key issues of our time: the conflict between democracies and non-democracies t Elaborates Chinese views of international law, introducing Englishlanguage readers to Chinese thought t Includes global examples from most parts of the world, expanding readers’ perspectives beyond western approaches Hersch Lauterpacht Memorial Lectures 250pp 25 b/w illus. 9. 2021 9781108843133 Hardback GBP 29.99 / USD 39.99 eISBN 9781108914871
Encounters between Foreign Relations Law and International Law Bridges and Boundaries Helmut Philipp Aust | Freie Universität Berlin
This book offers fresh perspectives on the encounters between foreign relations law and Public international law. These can occur in a hybrid zone of interaction which requires both bridges and boundaries. A timely book with crucial relevance for scholars, students and practitioners in both foreign relations law and international law. t This is the first book with a specific focus on the encounters between foreign relations law and Public international law t Proposes an innovative analytical framework, enabling a constructive engagement between two scholarly communities, and with real world implications t Includes contributions from a diverse range of geographical backgrounds from leading and emerging scholars in the field t This title is Open Access 450pp 6. 2021 9781108837743 Hardback GBP 95.00 / USD 125.00 eISBN 9781108942713
Entangled Legalities Beyond the State Nico Krisch | Graduate Institute of International and Development Studies, Geneva
This volume - featuring eminent contributors from law, political science, sociology, anthropology, history and political theory - shows that law is often better understood as an entangled web than a coherent system, analysing the ways in which different legalities in domestic, transnational and international law are connected. t Links analyses of domestic, transnational and international law from lawyers and social scientists to highlight the connected nature of the contemporary legal order t Develops a new understanding of law beyond the state and contrasts it with standard models of law developed in the 20th century t Provides an account of legal dynamics grounded in practice, drawing on a rich methodological background t This title is also available as Open Access Global Law Series 400pp 10. 2021 9781108843065 Hardback GBP 89.99 / USD 120.00 10. 2021 9781108823791 Paperback GBP 29.99 / USD 39.99 eISBN 9781108914642
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Law
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Experiments in International Adjudication Historical Accounts Ignacio de la Rasilla
44
Written by an interdisciplinary group of lawyers, historians and social scientists, this book combines historical accounts of the origins of some of the most important international courts and tribunals with the study of other seminal experiments in international dispute settlement since the late nineteenth century to the present. t Provides an accessible entry point to several experiments in international adjudication and revisits forgotten or understudied institutional experiments, the ‘trials’ and ‘errors’ rather than the success stories of international adjudication t Examines experiments in a specific context and shows that the roots of several major developments are to be found in little-known experiments t Contributes to the growing body of research on the history of international adjudication and, more broadly, the history of international law 339pp ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108565967
Functional Responsibility of International Organisations The European Union and International Economic Law Emilija Leinarte | University of Cambridge
This book is for international and EU lawyers interested in the law of international organizations and dispute settlement. It provides a practically applicable approach, supported with an extensive body of case law, to the international responsibility of the EU and its Member States in international economic law. t Offers a novel approach to the responsibility of international organizations by introducing a new concept of functional international responsibility t Provides a comprehensive analysis of international economic dispute settlement practice on the question of international responsibility of the European Union t Based on a broad analysis of the procedural history of the International Law Commissions rules of international responsibility 272pp 12. 2021 9781108838887 Hardback GBP 85.00 / USD 110.00 eISBN 9781108979085
History, Politics, Law Thinking through the International Annabel Brett | University of Cambridge
Historians of political thought and international lawyers have both been expanding their interest in studies of the formation of the present global order. This book is the first express encounter between these disciplines, juxtaposing their methods and standpoints and opening the way for richer conversation in future. t Brings together leading international lawyers and historians of political thought in sustained reflection on their inquiries and methods t Demonstrates how work in different disciplines, spanning a large chronological range, illuminates contrasting aspects of the same themes t Opens questions of method within, as well as between, the disciplines; brings political thought explicitly into what is often seen as a law– history encounter; and offers a larger terrain for interdisciplinary conversation in future. 450pp 9. 2021 9781108842464 Hardback GBP 95.00 / USD 125.00 eISBN 9781108903516
Human Choice in International Law Anna Spain Bradley | University of California, Los Angeles
This exploration of human choice in international legal and political decision making will be of use to scholars, students and practitioners interested in the neurobiology of how people choose and the history of how personal choice has affected decisions about international peace and security. t Offers a human-choice approach for understanding international legal and political decision making t Introduces a novel framework for understanding international legal decision making through insights from neuroscience about the cognition of human decision making t Provides original interviews with international decisionmakers, including former International Court of Justice judges and staff of former UN Security Council representatives t Integrates scholarship in international law and international relations with neuroscience, cognitive studies and behavioural science 225pp 7. 2021 9781108422567 Hardback GBP 74.99 / USD 99.99 7. 2021 9781108435550 Paperback GBP 22.99 / USD 29.99 eISBN 9781108524957
Intergenerational Justice in Sustainable Development Treaty Implementation Advancing Future Generations Rights through National Institutions Marie-Claire Cordonier Segger | University of Cambridge
Transformations in economy, technology, society and the environment mean today’s decisions affect quality of life for all generations. This text offers insights for lawyers, academics, policymakers, businesses and leaders interested in intergenerational equity across national and international law, policy and practice for sustainable development. t Provides an interdisciplinary discussion of intergenerational equity and justice from various aspects and perspectives t Introduces the reader to international and national systems and mechanisms for implementing and protecting intergenerational equity and justice t Generates a dialogue regarding the state of intergenerational equity and justice as hard and soft law concerns Treaty Implementation for Sustainable Development 500pp 6 b/w illus. 10 tables 7. 2021 9781108488020 Hardback GBP 110.00 / USD 140.00 eISBN 9781108768511
Internal Self-Determination in International Law History, Theory, and Practice Kalana Senaratne | University of Peradeniya, Sri Lanka
Senaratne considers a popular principle of international law - internal self-determination and how it applies to states, populations, minority groups and indigenous peoples. This book is for anyone interested in international law, politics, democracy, minorities and internal conflicts. t A detailed and comprehensive discussion of a popular principle of international law t Breaks with the mainstream view about how internal selfdetermination operates t Written to be accessible to non-specialist readers 300pp 8. 2021 9781108484404 Hardback GBP 85.00 / USD 110.00 eISBN 9781108695688
Law
International Economic Law
International Law
Text, Cases and Materials Leïla Choukroune | University of Portsmouth
Ninth edition Malcolm N. Shaw
An examination of the core principles, landmark disputes, and modern developments in international economic law centred on a global approach, and designed for a truly global audience. The book includes treaty texts, landmark cases and new materials, and is supplemented by case studies, real-life examples, exercises and illustrations. t All chapters clearly relate to and build on each other providing students with an opportunity to test and reconfirm their understanding and explore the subject matter on their own t The compact case discussions and excerpts provide the readers with an opportunity to appreciate the essence of key legal concepts and form a critical understanding of international law and IEL as a whole t Informed by the practices and questions that teachers, researchers and practitioners of IEL encounter on a regular basis; students will learn practical approaches from the rich menu of case discussions and hypothetical problems included at the end of various chapters
This book is intended for all interested in international law, ranging from undergraduate students, who will appreciate the accessible and engaging style to professional lawyers and others requiring authority, dependability and extensive referencing to facilitate additional research. t The definitive and authoritative text on the subject and using invaluable referencing, International Law is a favourite of both students and professionals t Comprehensive coverage includes general principles and practice, including key substantive fields today such as international economic law and international Criminal law t Explains relevant theories and international practice clearly and thoroughly without overwhelming the reader
846pp 7. 2021 9781108423885 Hardback GBP 110.00 / USD 145.00 7. 2021 9781108436649 Paperback GBP 44.99 / USD 58.99 eISBN 9781108500241
International Human rights Law Beyond State Territorial Control Antal Berkes | Brunel University
Berkes provides a comprehensive analysis of international law applicable to protecting Human rights in territorial conflict situations where the state has no control over part of its territory. This book addresses the rules applicable to various subjects implicated in the territorial situation, applicable legal sources and major geographic areas. t Makes the theory accessible to readers without specialized knowledge t Compares the case law of all major international Human rights treaty bodies and state practice t Provides case studies on how progressive development can be reconciled with the rights of states Cambridge Studies in International and Comparative Law 376pp 6. 2021 9781108840620 Hardback GBP 95.00 / USD 125.00 eISBN 9781108886543
International Investment Law and Legal Theory Expropriation and the Fragmentation of Sources Jörg Kammerhofer | Albert-Ludwigs-Universität Freiburg, Germany
Expropriation is a hotly debated issue in international investment law. This book applies the insights of legal theory to analyse expropriation clauses in investment treaties, clarifying what expropriation is and how to apply the unspecific prescriptions in investment agreements. t The only book on the law of expropriation in investment law to bring together doctrinal and theoretical arguments t Takes a fresh look at the vexed problem of regulatory expropriation t Encourages dialogue between disciplines to re-invigorate generalist international legal scholarship
1308pp 7. 2021 9781108477741 Hardback GBP 110.00 / USD 143.00 7. 2021 9781108733052 Paperback GBP 39.99 / USD 51.99 eISBN 9781108774802
International Law and History Modern Interfaces Ignacio de la Rasilla
A multi-perspectival introduction to the fundamental debates and concepts in the history of the most global of all legal disciplines. An essential methodological research guide for students identifying the methods and approaches that suit their international legal-historical perspectives and address their historical and legal research questions. t The only contemporary historiography of international law t An essential research guide for the methodologies of international Legal history t Multi-perspectival inquiry into the dominant modes of doing international Legal history and the fundamental debates in it Cambridge Studies in International and Comparative Law 374pp 1. 2021 9781108473408 Hardback GBP 85.00 / USD 110.00 eISBN 9781108562003
International Law and Peace Settlements Marc Weller | University of Cambridge
This book provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice, across core settlement issues and from an inter-disciplinary perspective. It is an indispensable reference and scholarly contribution for academics and practitioners working on conflict resolution. t Addresses key cross-cutting questions concerning the relationship between international law and peace settlement practice t Provides inter-disciplinary perspectives on the relationship between international law and peace settlements and the role of legal tools in settlement practice t A useful reference for practitioners in conflict settlement, whether as negotiators, mediators or legal advisers 752pp 2. 2021 9781108498043 Hardback GBP 225.00 / USD 295.00 eISBN 9781108627856
Cambridge Studies in International and Comparative Law 376pp 13 b/w illus. 3 tables 5. 2021 9781108839174 Hardback GBP 95.00 / USD 125.00 eISBN 9781108989428
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International Law and the Cold War Matthew Craven | School of Oriental and African Studies, University of London
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This study of the relationship between the Cold War and international law will be attractive to those who are interested in the history of the Cold War, the future of international society and the origins of the global political and economic system of the twenty-first century. t Offers the first full-length study of international law and the Cold War t Demonstrates the intellectual utility of cross-disciplinary and creative approaches to understanding the global political order t The contributors have adopted a variety of heterodox methodologies and theoretical approaches to understanding the relationship between international law and the Cold War 613pp 8 b/w illus. ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108615525
International Law and the European Union Jed Odermatt | City, University of London
This book examines the impact of the European Union’s international action on Public international law. Integrating the perspectives from both international law and EU law, International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law. t The first single-authored monograph exploring the impact of the EU’s international action on international law t Takes a novel approach by bringing together Public international law and EU law perspectives t Examines the EU’s impact on a broad range of international law topics, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility 344pp 11. 2021 9781108841993 Hardback GBP 85.00 / USD 110.00 eISBN 9781108895705
International Law and the Politics of History Anne Orford | University of Melbourne
As the future of international law has become a growing site of political struggle within and between powerful states, debates over the history of international law have become increasingly heated. Anne Orford explores the political stakes of these debates over international law’s past and its relation to empire and capitalism. t Offers a new vision of the place of history in international legal argument t Explores the ideological, political, and economic stakes of the turn to history in international law t Will appeal to readers interested in international law, Legal history, legal theory, global history, intellectual history, and international relations Cambridge Studies in International and Comparative Law 280pp 8. 2021 9781108480949 Hardback GBP 59.99 / USD 79.99 8. 2021 9781108703628 Paperback GBP 22.99 / USD 29.99 eISBN 9781108691765
International Law as Behavior Harlan Grant Cohen | University of Georgia
Behavior is a core concern of international law and laws are designed to shape behavior. As such, theories of how international law affects behavior, whether based on anecdotal Evidence, history, large-N empirical studies, psychology, sociology, or other social scientific tools, are central to thinking about international law. t Provides inter-disciplinary and multi-disciplinary studies of international legal problems to show how these approaches to international law can work together to enrich international legal practice and scholarship t Brings a range of disciplinary backgrounds, including economics, behavioral economics, international relations, psychology, anthropology, and neuroscience, to bear on in international legal scholarship t Introduces studies of a diverse set of international legal areas and practices, including how neuroscience can shed light on decision making in international Criminal law, the use of deadlines in negotiations, and how international institutions structure the role information plays in international relations ASIL Studies in International Legal Theory 250pp 4. 2021 9781107188433 Hardback GBP 85.00 / USD 110.00 eISBN 9781316979792
International Law As We Know It Cyberwar Discourse and the Construction of Knowledge in International Legal Scholarship Lianne J. M. Boer | Vrije Universiteit, Amsterdam
To find out what international legal scholars ‘actually do’ when they write and speak law, this book delves into the seemingly mundane details of their work; for example, the way they use footnotes. In so doing it reveals new ways to use sociolinguistics to understand international legal knowledge construction. t Opens up a new research agenda for the field of international legal scholarship t Analyses legal doctrine as a sociolinguistic practice t Closely scrutinises the scholarly debate on cyberwar and international law 240pp 10. 2021 9781108484831 Hardback GBP 85.00 / USD 110.00 eISBN 9781108676564
International Law in Public Debate Madelaine Chiam | La Trobe University, Victoria
Explores how international law is used in public debates, with studies of Australian debates over World War I, the Vietnam War and the 2003 Iraq War. Grounded in international law and socio-legal studies, the argument for popular international law will appeal to audiences in international law, politics, and socio-legal studies. t Explores uses of international law by politicians and lay people in public debates about the First World War, Vietnam War and the 2003 Iraq War t Provides theoretical grounding and empirical argument for the existence of a popular international law t Provides an historical account of international law in public debates in Australia in a new way 240pp 9. 2021 9781108499293 Hardback GBP 85.00 / USD 110.00 eISBN 9781108588584
Law
International Law Reports
International Law Reports
Volume 192 Christopher Greenwood
Volume 193 Christopher Greenwood
Volume 192 is devoted to Islamic Republic of Iran v. United States of America, Separation of the Chagos Archipelago from Mauritius in 1965, SRFC, PSPP Case, Civil and Criminal Code of Russian Federation, R (RF) v Secretary of State for Work and Pensions, R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs, A local authority v. AG t Contains 2020 German Federal Constitutional Court judgment in Public Sector Purchase Programme Case. t Contains 2019 International Court of Justice Advisory Opinion in Separation of the Chagos Case. t Contains 2018 United Kingdom Supreme Court judgment in Bancoult (No 3).
Vol. 193 contains English translation of 2018 judgment of Supreme Court Colombia in Lozano Barragán and Others v. Presidency of Colombia and Others, Advisory Opinion OC-23/17 of InterAmerican Court of Human rights on Environmental Obligations of States and judgment of England Court of Appeal in R (Plan B Earth) v. Secretary of State for Transport. t English translation of 2018 judgment of Supreme Court of Colombia in Lozano Barragán and Others v. Presidency of Colombia and Others (Judgment STC 4360-2018) t Contains Advisory Opinion OC-23/17 of Inter-American Court of Human rights on Environmental Obligations of States arising from Duty to Protect Human rights t Contains 2020 judgment of England Court of Appeal in R (Plan B Earth) v. Secretary of State for Transport
International Law Reports 756pp 4 colour illus. 4. 2021 9781108495448 Hardback GBP 170.00 / USD 220.00 eISBN 9781108849869
International Law Reports Volume 191 Christopher Greenwood
Volume 191 is devoted to 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 judgment of the Canadian Supreme Court in Nevsun Resources Ltd v. Araya and Others and 2020 judgment of the English Court of Appeal in Mahmoud v. Breish. t Contains 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. t Contains 2020 judgment of the Canadian Supreme Court in Nevsun Resources Ltd v. Araya and Others. t Contains 2020 judgment of the English Court of Appeal in Mahmoud v. Breish International Law Reports 750pp 4 colour illus. 2. 2021 9781108495431 Hardback GBP 170.00 / USD 220.00 eISBN 9781108849845
International Law Reports Volume 195 Christopher Greenwood
Volume 195 includes unofficial English translation of 2020 judgment of German Constitutional Court in Greek Debt Restructuring Case, translation of 2020 judgment of Swedish Svea Court of Appeal Kazakhstan v. Ascom and Stati and 2020 English High Court judgment of R (Charles and Dunn) v. Secretary of State for Foreign and Commonwealth Affairs. t Contains unofficial English translation of 2020 judgment of German Constitutional Court in Greek Debt Restructuring Case t Contains unofficial English translation of 2020 judgment of Swedish Svea Court of Appeal in Kazakhstan v. Ascom and Stati t Contains 2020 English High Court judgment of R (Charles and Dunn) v. Secretary of State for Foreign and Commonwealth Affairs International Law Reports 750pp 10. 2021 9781316511565 Hardback GBP 170.00 / USD 220.00 eISBN 9781009052122
International Law Reports 760pp 7. 2021 9781108495707 Hardback GBP 170.00 / USD 220.00 eISBN 9781108862684
International Law Reports Volume 194 Christopher Greenwood
Volume 194 is devoted to APDF and IHRDA v. Republic of Mali, African Journalists and Others v. Republic of Gambia, WAVES and Another v. Sierra Leone, Markin v. Russia, Bayev and Others v. Russia, State Obligations in Gender Identity and Rights of Same-Sex Couples, ON and DP v. Russian Federation, Code of Russian Federation, NIHRC Commission. t Contains 2020 Views of United Nations Committee on the Elimination of Discrimination Against Women in ON and DP v. Russian Federation t Contains 2019 judgment of the Court of Justice of the Economic Community of West African States (ECOWAS) in Women Against Violence and Exploitation in Society (WAVES) and Child Welfare Society Sierra Leone v. Sierra Leone t Advisory Opinion OC-24/17 of Inter-American Court of Human rights in State Obligations in Relation to Gender Identity and Rights of SameSex Couples International Law Reports 786pp 8. 2021 9781316516393 Hardback GBP 170.00 / USD 220.00 eISBN 9781009029919
International Law Reports Volume 196 Christopher Greenwood
Volume 196 is devoted to Ukraine v. Russian Federation, Micula and Others v. Romania, Kingdom of Spain v. Infrastructure Services Luxembourg S.à.r.l, R (Friends of the Earth Ltd and others) v. Heathrow Airport Ltd, Micula and Others v. Government of Romania. t Contains 2019 International Court of Justice judgment on preliminary objections in Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation) t Contains 2021 judgment of Australian Federal Court in Spain v. Infrastructure Services Luxembourg S.à.r.l. t Contains 2020 judgment of United Kingdom Supreme Court in R (Friends of the Earth) v. Heathrow Airport Ltd International Law Reports 891pp 11. 2021 9781316511367 Hardback GBP 170.00 / USD 220.00 eISBN 9781009052399
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Judging at the Interface Deference to State Decision-Making Authority in International Adjudication Esmé Shirlow | Australian National University, Canberra
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Judging at the Interface investigates international adjudicative deference to States. It will be of interest to policymakers, practitioners, civil society, and scholars of international and domestic law. As international adjudication expands into new areas and increases in frequency there will be a continually growing audience for this work. t Develops a taxonomy of approaches to deference in international adjudication t Compares the approaches taken to deference by international adjudicators in four regimes, and trends in the approaches taken to deference by international adjudicators over time t Develops a theory for the empirical analysis of adjudicative decisions 376pp 2. 2021 9781108490979 Hardback GBP 95.00 / USD 125.00 eISBN 9781108867108
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Legitimacy of Unseen Actors in International Adjudication Freya Baetens | Universitetet i Oslo
The opaqueness of unseen actors’ roles (e.g. registries, experts) in international adjudication raises questions concerning their legitimacy within dispute settlement mechanisms. This book investigates their functioning and identifies ‘best practices’ by examining international courts’ and tribunals’ institutional composition and practice. t Provides institutional perspectives on the work of registries and secretariats as well as an extensive theoretical framework on different aspects of legitimacy t Features a cross-regime examination of five constitutive competences and roles of unseen actors t Aims to contribute to understanding how international courts and tribunals can respond to challenges to their legitimacy
Legal Barbarians
Studies on International Courts and Tribunals 650pp 7 b/w illus. 5 tables ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108641685
Identity, Modern Comparative Law and the Global South Daniel Bonilla Maldonado
Less-Lethal Weapons under International Law
Developing a fresh historical understanding of modern comparative law, this study focuses on how legal identities are structured in the global North and South. Taking a theoretical approach, Bonilla engages with major conceptual frameworks to question the orthodox narratives of the international legal system and comparative law scholarship. t Analyses the connections between narrative, identity, and law t Offers an alternative interpretation of the history of modern comparative law t Describe and analyse the conceptual structures that give shape to modern comparative law Cambridge Studies in International and Comparative Law 200pp 9. 2021 9781108833622 Hardback GBP 85.00 / USD 110.00 eISBN 9781108985888
Legalized Identities Cultural Heritage Law and the Shaping of Transitional Justice Lucas Lixinski | University of New South Wales, Sydney
This book pushes the boundaries of transitional justice and cultural heritage law, relying on insights from across all continents, and on multiple disciplines. Its original insights are of great use in the fields of law, heritage studies, transitional justice, international relations, Human rights, history, and memory studies. t Reintroduces the possibilities of pragmatism to reenergize the field of transitional justice t Provides a range of examples from all continents of the world, the diversity of which helps broaden the appeal and validity of the insights discussed in the book t Multi-disciplinary perspectives on the hidden structures that shape our cultural identities in times of transition Law in Context 250pp 4. 2021 9781108488150 Hardback GBP 85.00 / USD 110.00 eISBN 9781108769044
A Three-Dimensional Perspective Elisabeth Hoffberger-Pippan | Johannes Kepler Universität Linz
The book will appeal to academics with interests in the use of weapons within different legal regimes, including arms control treaties, humanitarian, Human rights and Criminal law. Furthermore, the book is addressed at policymakers and public authorities who encounter less-lethal weapons in practice. t The first study addressing less-lethal weapons comprehensively, covering arms control treaties, humanitarian law, international criminal and Human rights law t Analyses jurisprudence by the European Court of Human rights, providing insights into the legal repercussions when less-lethal weapons are used t Establishes guidelines providing lawmakers and public authorities with information on how to use less-lethal weapons in line with the law 300pp 8. 2021 9781108840941 Hardback GBP 85.00 / USD 110.00 eISBN 9781108887977
Marketing Global Justice The Political Economy of International Criminal law Christine Schwöbel-Patel | University of Warwick
Bringing international law and marketing together for the first time, this book navigates the meaning of global justice in the neoliberal order. By analysing marketing practices employed by those acting in the name of global justice, the book demonstrates the narrowing and co-opting of the idea of global justice. t The first book to bring together marketing and international law in a systematic way, providing a unique insight into interpretations of ‘global justice’ in the neoliberal order t Examines the political economy of international Criminal law, appealing to readers interested in the social, economic, political, and cultural context of global justice t Incorporates visual and textual analysis of international Criminal law, speaking to the recent ‘turn to aesthetics’ in international law Cambridge Studies in International and Comparative Law 280pp 6 b/w illus. 5. 2021 9781108482752 Hardback GBP 85.00 / USD 110.00 eISBN 9781108697651
Law
Minorities and the Making of Postcolonial States in International Law
Orphanage Trafficking in International Law
Mohammad Shahabuddin | University of Birmingham
This book explores how children are trafficked into orphanages in developing countries to profit from voluntourism and donations, a process known as orphanage trafficking. Orphanage trafficking in International Law explores how this process occurs, what drives it, how it should be regarded legally and presents a framework for combating it. t Explains how orphanage trafficking occurs and the drivers for orphanage trafficking t Presents a legal analysis of orphanage trafficking in international law t Introduces a framework for responding to orphanage trafficking based on legal obligation for governments to enact
The first comprehensive study of postcolonial statehood in international law from minority perspectives. Researchers from a wide range of disciplines will find this useful as a reference text and course reading. Policy-makers on humanitarian disasters, such as the ongoing Rohingya crisis, will also benefit from this multidisciplinary research. t Offers a comprehensive analysis of the role of international law in the ideological function of the postcolonial state t Exposes how international law facilitates ethnic violence in postcolonial states t Adopts a socio-legal approach to minority rights and proposes alternative international law frameworks Cambridge Studies in International and Comparative Law 250pp 6. 2021 9781108483674 Hardback GBP 85.00 / USD 110.00 eISBN 9781108678773
Non-State Actors’ Rights in Maritime Delimitation Lessons from Land Marianthi Pappa | University of Nottingham
This is the first full-length examination of the relationship between maritime boundaries and private interests. Dr Marianthi Pappa highlights the apparent asymmetry between the processes of land and maritime delimitation and the consequent inconsistencies and shortcomings in established international legal norms. t A critical comparative study of land and maritime delimitation t Bridges different disciplines, including law, social sciences, geography, and boundary-making t Puts forward recommendations for the evolution of international law of the sea 344pp 7. 2021 9781108835220 Hardback GBP 85.00 / USD 110.00 eISBN 9781108891936
Nuclear Weapons Law, Policy, and Practice Stuart Casey-Maslen | University of Pretoria
A new nuclear arms race is underway. This book describes in accessible language how and why it is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. t Offers a thematic approach to understanding international law and domestic policy t Describes policy and practice pertaining to nuclear weapons as well as delineating the applicable international legal rules t Assesses the different branches of international law that apply to nuclear weapons, including non-proliferation regimes, jus ad bellum, international humanitarian law, and Human rights 450pp 11. 2021 9781316510858 Hardback GBP 110.00 / USD 145.00 11. 2021 9781009018661 Paperback GBP 39.99 / USD 52.99 eISBN 9781009039864
Kathryn E. van Doore | Griffith University, Queensland
224pp 1. 2022 9781108833424 Hardback GBP 85.00 / USD 110.00 eISBN 9781108980661
Remedies before the International Court of Justice A Systemic Analysis Victor Stoica
Contrasts theoretical, practical and political considerations that justify the manner in which the International Court of Justice resolves inter-state disputes, by referring to how states understand and interpret the remedies of international law. This book will be of interest to researchers, practitioners, judges and policymakers. t One of the very few studies of the application of remedies of international law by the International Court of Justice t Each chapter focuses on a particular remedy of international law t Appendices contain detailed case law on the requests of states and all the corresponding judgments of the Court regarding the remedies of international law 280pp 3. 2021 9781108490825 Hardback GBP 85.00 / USD 110.00 eISBN 9781108855006
Revolutions in International Law The Legacies of 1917 Kathryn Greenman | University of Technology, Sydney
This volume of essays explores the legacies of the Mexican and Russian Revolutions and the politics of turning to international law as a response to revolution. It contributes to the understanding of law as a means of addressing contemporary social, political and economic challenges. t Explores the legacies of the Mexican and Russian Revolutions of 1917 for international law t Combines legal analysis with historical and theoretical commentary t Critically assesses the uses made of international law as a response to revolution 400pp 2. 2021 9781108495035 Hardback GBP 95.00 / USD 125.00 eISBN 9781108860727
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Rewriting Histories of the Use of Force
State Responsibility and Rebels
The Narrative of ‘Indifference’ Agatha Verdebout
The History and Legacy of Protecting Investment Against Revolution Kathryn Greenman | University of Technology, Sydney
This book is of interest to academics and practitioners working on international peace and security issues. It provides access to an extensive body of primary documentation and offers a different and original perspective on the history of the prohibition of the use of force in international law and relations. t Provides a comprehensive and critical overview of how nineteenth century lawyers thought about the right to use force examining over 80 textbooks and manuals t Provides an in-depth analysis of 13 precedents of using force in the nineteenth century by relying on primary sources t Uses a novel approach to the history of international law drawing inspiration from mnemohistory and social psychology
This book is for readers interested in the history of international law and arbitration, offering a comprehensive account of the operation of mixed claims commissions in the context of the decolonisation of Latin America and a fresh perspective on the question of responsibility for rebels and other nonState armed actors. t Explores the role played by international law in economic ordering after the decolonisation of Latin America t Enables readers to understand the mixed claims commissions as a political intervention in decolonised Latin America t Provides a fresh perspective on the issue of international responsibility for the conduct of non-State armed actors
Cambridge Studies in International and Comparative Law 376pp 9. 2021 9781108838184 Hardback GBP 95.00 / USD 125.00 eISBN 9781108937375
Cambridge Studies in International and Comparative Law 288pp 8. 2021 9781316517291 Hardback GBP 85.00 / USD 110.00 eISBN 9781009043779
Saving the International Justice Regime
The Application of Teachings by the International Court of Justice
Beyond Backlash against International Courts Courtney Hillebrecht | University of Nebraska, Lincoln
This book is geared toward advanced students and scholars in law, Human rights, international relations and political science seeking to better understand backlash against the international justice regime. It advances an interdisciplinary framework to explain what backlash is, how it manifests, why it occurs and what to do about it. t Provides a definition of backlash politics that builds on a broad, ongoing interdisciplinary debate t Offers a novel typology of backlash politics that is accessible to a broad audience t Draws on a wide range of empirical examples spanning the globe 200pp 9. 2021 9781316511411 Hardback GBP 64.99 / USD 84.99 9. 2021 9781009055642 Paperback GBP 22.99 / USD 29.99 eISBN 9781009052610
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Sovereignty in China A Genealogy of a Concept since 1840 Maria Adele Carrai | Katholieke Universiteit Leuven, Belgium
Provides a comprehensive history of the emergence and formation of the concept of sovereignty in China from the year 1840 to the present. It will be of interest to students and scholars of international and comparative law as well as scholars of modern China and policy makers. t Provides a comprehensive history of the concept of sovereignty in China, exploring where China’s claim to sovereignty originated and might be heading in the future t Shows how the Chinese conceptions diverted from Western Eurocentric legal norms and contributed to the globalisation of international law t Demonstrates how Chinese diplomats used sovereignty and new legal categories to defend against Western imperialism and successfully expand China’s interests Cambridge Studies in International and Comparative Law 299pp C X JMMVT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108564861
Sondre Torp Helmersen | Universitetet i Tromsø, Norway
Helmersen examines the significance of teachings in the decision-making of judges at the International Court of Justice, suggests why judges do (or do not) use teachings, and compares how the Court’s practice differs from other courts. t Fills a gap in the international legal literature t Contributes to understanding not only when and how teachings are used, but also why t Draws on interviews with judges and staff at the International Court of Justice Studies on International Courts and Tribunals 256pp 3. 2021 9781108844147 Hardback GBP 85.00 / USD 110.00 eISBN 9781108933520
The Asian Turn in Foreign Investment Mahdev Mohan | Singapore Management University
Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement. t Contains individual country analyses of key developments in international investment law, including the admission of foreign investment, the regulation of foreign investment, and investment treaty policy t Covers both national and multilateral investment law rule-making in Asia, including the approach and influence of ASEAN as a major regional trading bloc and party to several investment treaties t Includes several chapter-length treatments of different Asian States’ approaches to balancing the tension between protection of covered investments and preserving States’ regulatory policy space 450pp 8. 2021 9781108426596 Hardback GBP 95.00 / USD 125.00 eISBN 9781108675772
Law
The Cambridge Companion to Hugo Grotius Randall Lesaffer | Katholieke Universiteit Leuven, Belgium
This book offers a comprehensive overview of Grotius for students, teachers, and more general readers. Its chapters draw on and contribute to recent scholarly discussions of Grotius’ life and works, ranging from his literary works to his legal interventions. t Covers the whole width and breadth of Grotius’ work in different fields and genres (literature, history, political thought, theology, domestic and international law) t Renders an integrative approach to his views by teasing out the underlying common conceptions and principles, allowing readers to interrelate them to the political and religious context t Useful for intellectual historians, international lawyers, legal historians, historians of political thought, historians of theology and religious studies, historians of the Netherlands, literature historians and graduate students of these fields. Cambridge Companions to Law 640pp 9. 2021 9781107198838 Hardback GBP 99.99 / USD 130.00 9. 2021 9781316648315 Paperback GBP 34.99 / USD 44.99 eISBN 9781108182751
The Continental Shelf Delimitation Beyond 200 Nautical Miles Towards A Common Approach to Maritime Boundary-Making Xuexia Liao | Peking University, Beijing
A nuanced analysis of the delimitation of the continental shelf beyond 200 nautical miles between coastal States for students, scholars, and practitioners of the law of the sea. This book focuses on procedural and methodological questions arising out of the delimitation process before international courts and tribunals. t Identifies the problems, practices and prospects of the delimitation of the continental shelf beyond 200 nautical miles, with a focus on the case law t Analyses in detail the procedural issues underlying the competence of international courts and tribunals in relation to the delimitation of the continental shelf beyond 200 nautical miles t Investigates the delimitation methodology in a step-by-step manner for the continental shelf beyond 200 nautical miles with reference to the case law and State practice
8. 2021 9781108738521 Paperback GBP 39.99 / USD 49.99 eISBN 9781108769143
The Ecology of War and Peace Marginalising Slow and Structural Violence in International Law Eliana Cusato | Universiteit van Amsterdam
The book unpacks key assumptions about the ‘environment’, its relationship with conflict and peace, and the justification for its protection underlying international law. It will be of interest to academics, policy-makers, and students in international law, peace and conflict studies, political sciences, and international relations. t Includes interdisciplinary perspectives to refine understandings of how international law conceptualises and regulates ‘the environment’ during and after conflict t Provides a systemic and comprehensive treatment of the topic beyond sub-disciplinary specialisations t Offers a critical reading of legal developments and academic debates by engaging with both the theory and practice of international law 312pp 9. 2021 9781108837521 Hardback GBP 85.00 / USD 110.00 eISBN 9781108939812
The Institute of International Law’s Resolution on the Equality of Parties Before International Investment Tribunals Introduction, Text and Commentaries Campbell McLachlan | Victoria University of Wellington
The equality of parties is a fundamental procedural principle, yet its application to investor-state dispute settlement has become increasingly controversial. It has never been subjected to comprehensive examination. This authoritative commentary explains this major new codification by the eminent Institute of International Law, adopted in 2019. t Features article-by-article commentary on the Resolution, explaining the meaning of the provisions by reference to practice, case law, scholarship and the discussions within the Institute that led to the Resolution t Brings together all relevant material on the equality principle in a easy to use, logical and intuitive format t Serves as a first point of reference for all questions on the equality of the parties before international investment tribunals
392pp 10. 2021 9781108830133 Hardback GBP 95.00 / USD 125.00 eISBN 9781108909112
144pp 11. 2021 9781316517826 Hardback GBP 49.99 / USD 64.99 eISBN 9781009047586
The Crime of Aggression under the Rome Statute of the International Criminal Court
The International Court of Justice and Decolonisation
Second edition Carrie McDougall | University of Melbourne
Provides a comprehensively updated guide to the crime of aggression. The author’s intimate involvement in the crime’s negotiations, combined with extensive scholarly reflection, make this book essential for academics and practitioners interested in the crime of aggression, the prohibition of the use of force, and international Criminal law. t Updated edition of the most comprehensive study of the crime of aggression on the market t Offers the insights of a practitioner involved in the negotiations of the crime of aggression t Makes the complexities accessible to non-expert readers
New Directions from the Chagos Advisory Opinion Thomas Burri | Universität St Gallen, Switzerland
Contains perspectives on a pivotal decision of the International Court of Justice with profound international legal and political implications. Readers interested in international law and international relations will benefit from its discussion of decolonization, self-determination, human and environmental rights, and the role of the World Court. t Makes recent international case law accessible to readers t Discusses the fate of the Chagos Archipelago and its expelled inhabitants t Combines practical law application with theory of international law 300pp 3. 2021 9781108841276 Hardback GBP 85.00 / USD 110.00 eISBN 9781108893770
Cambridge Studies in International and Comparative Law 524pp 8. 2021 9781108488204 Hardback GBP 110.00 / USD 140.00
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The International Law of Energy Jorge Viñuales | University of Cambridge
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As the first single-authored general account of the international law of energy, written by a leading authority and covering all the main rules, processes and institutions, this book will be of significant interest to undergraduate and graduate students, researchers and practitioners of international law, international relations and energy policy. t A comprehensive and accessible account of the international law of energy by a world-leading expert t Explains the rules, processes and institutions important for global energy governance t Up-to-date coverage of the ongoing developments driven by the energy transformation Cambridge Studies in International and Comparative Law 340pp 12. 2021 9781108415835 Hardback GBP 85.00 / USD 110.00 eISBN 9781108235273
The League of Nations and the Protection of the Environment Omer Aloni | Bar-Ilan University, Israel
This is the first history of the environmental regime of the League of Nations during the interwar period. Omer Aloni uncovers the hidden interests, perceptions, motivations and agendas previously overlooked by both environmental historians and legal scholars. t Taps into a growing public awareness and scholarly interest in the League of Nations t Draws on extensive research in the previously overlooked archives of the League t Sheds new light on the evolution of modern international Environmental law Cambridge Studies in International and Comparative Law 304pp 5. 2021 9781108838191 Hardback GBP 85.00 / USD 110.00 eISBN 9781108937399
The Legality of a Jewish State A Century of Debate over Rights in Palestine John Quigley | Ohio State University
In this book, the author argues that the fate of Palestine was not determined on the basis of principle. He focuses on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations. t Explains for the first time that the League of Nations had little to do with the mandate system in Palestine t Shows how a serious effort was made in the United Nations, 19471948, to gain a legal opinion on what should happen with Palestine t Explains for the first time that partition of Palestine would not have been suggested by the UN General Assembly but for the advocacy of partition by the Soviet Union and United States, and that each of them did so out of self-interest 300pp 2. 2022 9781316519240 Hardback GBP 85.00 / USD 110.00 eISBN 9781009023085
The Prospects of Common Concern of Humankind in International Law Thomas Cottier
An innovative approach to doctrinal legal scholarship, this book traces the potential of ‘Common Concern of Humankind’ for assessing serious global challenges and to responding as a principle of law. It contains a wealth of practical analyses and critique dealing with an array of current and emerging global challenges. t Compiles the history of origin, evolution and relevant literature on the notion of the Common Concern of Humankind t Presents a forward looking doctrine of Common Concern of Humankind and expert assessments thereupon t Includes an array of case studies that put the doctrine into practice in different areas of international law 410pp 1 b/w illus. 1 map 5. 2021 9781108840088 Hardback GBP 85.00 / USD 110.00 eISBN 9781108878739
The Right to Life under International Law An Interpretative Manual Stuart Casey-Maslen | University of Pretoria
The book explains how the right to life seeks to protect everyone and to ensure accountability for those who have been unlawfully killed, addressing the protection of a wide range of groups and the responsibility of not only governments but also the private sector to respect the right to life. t Seeks to be comprehensive in its treatment of the right to life across branches of international law t Addresses the specifics of protection across different at-risk groups, such as women, children, LGBTI, persons with disabilities, minorities t Considers application of the right to a range of different actors, including international organisations, companies, armed groups, NGOs, and individuals 960pp 9. 2021 9781108494786 Hardback GBP 200.00 / USD 260.00 eISBN 9781108859868
The Right to Protection from Incitement to Hatred An Unsettled Right Mona Elbahtimy
As the processes of globalization deepen, the nature and scale of the challenges resulting from hate speech have become more complex. This book examines the problematic journey of the norm prohibiting incitement to hatred within international Human rights law and explores whether expanded international regulation of this norm is feasible. t Subjects the international norm against hate speech to detailed conceptual, legal, historical, and political scrutiny in a manner that is not fully covered in existing literature t Demonstrates how the international regulatory framework prohibiting hate speech has been particularly problematic t Uncovers and analyses the political dynamics underlying the international negotiations over the norm prohibiting hate speech within multilateral Human rights diplomacy 256pp 1. 2022 9781108837569 Hardback GBP 85.00 / USD 110.00 eISBN 9781108946490
Law
The Rights and Obligations of States in Disputed Maritime Areas Youri van Logchem | Swansea University
Since many States are faced with disputed maritime areas, understanding their rights and obligations in these areas is both pressing and topical. This is the first comprehensive treatment of this vast and complex issue and will be an essential book for state officials, scholars, practitioners, and various industries. t The first systematic overview of the legal issues surrounding disputed marine areas t A timely book as a number of current conflicts await resolution t Addresses legal and regulatory aspects including sovereignty, jurisdiction and conflict 400pp 10. 2021 9781108830102 Hardback GBP 95.00 / USD 125.00 eISBN 9781108909051
Tipping Points in International Law Commitment and Critique Jean d’Aspremont | University of Manchester
Legal scholars from diverse geographic, personal and scholarly perspectives reflect on the pervasive feeling of crisis in the world today and how international law will shape the world of tomorrow. This volume offers historical, practical and theoretical views into the operations of global governance and international law. t A collection of diverse scholarly views on international law and global governance t New insights on legal theory, general international law, Human rights, trade, artificial intelligence, race and international organizations t Up-to-date treatment of a wide range of controversies in global governance ASIL Studies in International Legal Theory 400pp 11. 2021 9781108845106 Hardback GBP 95.00 / USD 125.00 eISBN 9781108954549
NEW IN PAPERBACK
The Syrian War Between Justice and Political Reality Hilly Moodrick-Even Khen
This book addresses the main aspects of the conflict in Syria, focusing on the intersection between legal and political areas from a perspective of scholars and practitioners from the region and beyond. Intended primarily for scholars and practitioners, it will also appeal to anyone interested in understanding the Syrian War. t Provides an analysis of the conflict in Syria, focusing on the integration between legal and political studies t Includes chapters written by practitioners as well as academics to provide an interdisciplinary analysis of the conflict in Syria, bringing researchers from the Middle East and beyond together t Draws on the implications of the conflict on the future of Syria and its relations with other states and superpowers 335pp 7. 2021 9781108738095 Paperback GBP 23.99 / USD 35.99 )BSECBDL (#1 64% eISBN 9781108768016
The Treaty on the Prohibition of Nuclear Weapons Legal Challenges for Military Doctrines and Deterrence Policies Jonathan L. Black-Branch | University of Manitoba, Canada
Black-Branch provides a comprehensive overview of the nuclear security architecture, examining the Treaty on the Prohibition of Nuclear Weapons (2017) within the context of the nuclear disarmament law framework. He outlines how the Treaty may affect nuclear security assurances, noting the potential strengths and limitations of disarmament law. t Examines legal challenges to deterrence policies and military defence doctrines t Highlights legal and diplomatic challenges to deterrence and defence policies t Shows the roots of potential disruption to the status quo in nuclear arms control 200pp 5. 2021 9781108493055 Hardback GBP 85.00 / USD 110.00 eISBN 9781108675307
To the Uttermost Parts of the Earth Legal Imagination and International Power 1300–1870 Martti Koskenniemi | University of Helsinki
The book demonstrates the vital role of played by legal imagination in the history of European State-formation in 1300–1870. After lawyers had learned to connect sovereignty with property rights at home, both ideas would eventually expand and lay the groundwork for the modern international order and global capitalism. t Connects Legal history with the history of political thought and the rise of capitalism t Suggests a critical approach for studying law and Legal history, analysing law as an effect of ‘legal imagination’ t Transgresses conventional boundaries between domestic and international law, between public and Private law as well as between law and politics It links developments in domestic European legal orders to the expansion of European hegemony 1124pp 8. 2021 9780521768597 Hardback GBP 150.00 / USD 195.00 8. 2021 9780521745345 Paperback GBP 74.99 / USD 99.99 eISBN 9781139019774
Transboundary Freshwater Ecosystems in International Law The Role and Impact of the UNECE Environmental Regime Ruby Moynihan | University College Cork
Despite warnings that we are teetering on the brink of widespread freshwater ecosystem collapse, we do have a small window of opportunity and the tools to recover. This book explores the role and limits of our international legal architecture in getting us there. t Provides a framework for understanding how all of the United Nations Economic Commission for Europe environmental treaties relevant to freshwater relate to each other and to general international law, European and national law t Explains how existing international legal concepts, principles and rules should be strengthened or reformed to better protect transboundary freshwater ecosystems and vulnerable societies t Critically discusses legal and political arguments relevant to countries considering joining the UNECE environmental treaties 360pp 9. 2021 9781108490702 Hardback GBP 95.00 / USD 125.00 eISBN 9781108854641
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Transnational Lawmaking Coalitions for Human rights
Women, Peace and Security and International Law
Nina Reiners | Universität Potsdam, Germany
Christine Chinkin | London School of Economics and Political Science
Reiners examines the decision-making of Human rights expert bodies in intergovernmental organisations and reveals how, behind the scenes, actors are involved in Human rights lawmaking. Providing theory development and case studies, this study is of great value to scholars of international relations and international law. t Explains the impact of informal collaborations between non-state actors on international law t Based on detailed case studies as well as theoretical explanations t Makes the concept accessible to readers without specialized training in international relations theory or international law
Thanks to extensive campaigning, women’s experiences of conflict have finally been brought into UN decision-making about peace and security. This book celebrates this success, analyses how it is tempered by linguistic ambiguities and legal uncertainties, and sets out how the women, peace and security agenda fits into contemporary international law. t Introduces international lawyers to the UN agenda on women, peace and security (WPS) t Illustrates the impact of women’s activism on international affairs and international law t Questions and re-evaluates the assumptions underlying contemporary international law and relations
216pp 6 b/w illus. 4 tables 11. 2021 9781108845540 Hardback GBP 85.00 / USD 110.00 eISBN 9781108976763
Hersch Lauterpacht Memorial Lectures 200pp 9. 2021 9781108483476 Hardback GBP 85.00 / USD 110.00 eISBN 9781108692076
War Economies and International Law Regulating the Economic Activities of Violent Conflict Mark B. Taylor
This book is intended for those scholars and practitioners concerned with how the international system is managing the nexus of war and economic activity. Its interdisciplinary approach to international law regulation breaks new ground and provides the basis for thinking about new research directions as well as legal strategies. t Provides an interdisciplinary theoretical framework for thinking about the nexus of war and economic activity t Identifies the core pathologies that arise in war economies – militarization and predation – using examples throughout t Draws on the social science of violence and social relations in war to define the workings of war economies
Socio-legal studies Chinese Courts and Criminal Procedure Post-2013 Reforms Björn Ahl
Globalization and Human rights 250pp 7. 2021 9781108483704 Hardback GBP 85.00 / USD 110.00 eISBN 9781108652124
Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture. It discusses attempts to strengthen judicial institutions and promote criminal justice reform by drawing on a variety of methods to investigate some of China’s most controversial institutional and criminal procedure law issues. t Challenges the general perception of legal regression under Xi Jinping t Combines legal doctrinal, political science and sociological methods and shows how multi-disciplinary approaches build a comprehensive picture of judicial reform in China t Sheds light on institutional and legal developments in China’s justice system
Whither the West?
350pp 7. 2021 9781108833301 Hardback GBP 85.00 / USD 110.00 eISBN 9781108973984
International Law in Europe and the United States Chiara Giorgetti | University of Richmond
International legal relations between the US and Europe are essential to the stability of the world. This book explains how they are evolving, and how they may be growing apart on important issues such as the use of force and international adjudication. t Provides a new framework to understand US–European relations and how they evolve t Gives a theoretical background to current international legal phenomena t Combines legal and political science views, offering interdisciplinary analysis ASIL Studies in International Legal Theory 250pp 4. 2021 9781107190115 Hardback GBP 85.00 / USD 110.00 eISBN 9781316996836
Democratic Crisis and Global Constitutional Law Christopher Thornhill | University of Manchester
This book explains the current weakness of democratic polities by examining deep paradoxes in constitutional democracy. It argues that democracy is frequently exposed to crisis because the terms in which it is promoted and justified allow anti-democratic movements, typically with a populist emphasis, to take shape and flourish. t Provides a cross-disciplinary account of the causes of contemporary democratic crisis t Sets out distinctive historical-sociological analysis of the foundations of constitutional democracy t Uses sociological method to clarify functions of global constitutional law Global Law Series 250pp 1. 2021 9781108496087 Hardback GBP 84.99 / USD 110.00 1. 2021 9781108791120 Paperback GBP 27.99 / USD 36.99 eISBN 9781108865869
Law
Divorce and Democracy
Global Pro Bono
A History of Personal Law in Post-Independence India Saumya Saxena | University of Cambridge
Causes, Context, and Contestation Scott L. Cummings | University of California, Los Angeles
It captures the Indian state’s difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in postcolonial India, it explores the dynamic interplay between law, religion, family, minority rights, and gender in Indian politics. t Studies the interplay between law, family, religion and politics t Explains how family law emerged as a particularly hospitable arena for conversations between religious and legal regimes t Shows how religious personal law plays a key role in determining the legal place for religion in India’s secular democracy
With pro bono initiatives identified in over 80 countries, now is a critical time to assess the growing importance of pro bono in civil justice systems. This book examines the forces shaping and the contestation surrounding - its development within and across national contexts and is essential reading for those seeking to advance access to justice. t Approaches pro bono’s global development comparatively and transnationally, covering over twenty countries across five continents for a unique comparative dataset and first-ever analysis of pro bono’s contested global role in access to justice t Focuses empirically on a range of factors shaping pro bono’s development within and across countries t Envisions the consequences of pro bono’s global development, including who does pro bono, who benefits from pro bono, and how pro bono’s development has affected access to justice policies
350pp 12. 2021 9781108498340 Hardback GBP 85.00 / USD 110.00 eISBN 9781108653459
Film and Constitutional Controversy Visualizing Hong Kong Identity in the Age of ‘One Country, Two Systems’ Marco Wan | The University of Hong Kong
Using Hong Kong as a case study, this book argues that film can show us how constitutional controversies impact upon cultural identity, a crucial dimension overlooked in conventional legal analysis. Provides new interpretations of key constitutional issues and films. Draws upon author’s background in both legal and literary/cultural studies. t Demonstrates how a genre as seemingly remote from law as film can further our understanding of constitutional disputes t Investigates the links between cultural identity and the rule of law in the Hong Kong context, furthering our knowledge of the relationship between law and cultural identity t Provides historically-grounded and nuanced interpretations of film texts and enables readers to appreciate film from a renewed and renewing perspective Law in Context 300pp 2. 2021 9781108495776 Hardback GBP 85.00 / USD 110.00 2. 2021 9781108797764 Paperback GBP 27.99 / USD 36.99 eISBN 9781108863025
Five Republics and One Tradition A History of Constitutionalism in Chile 1810–2020 Pablo Ruiz-Tagle | Universidad de Chile
Ruiz-Tagle provides a comparative reconstruction of the ideological and institutional history of Chile’s constitutional law. Drawing on concepts and theoretical developments from western constitutional theory, history, comparative analysis, and political philosophy, he explains how political and ideological battles have shaped Chilean history. t The first constitutional history of Chile available in English t Written by one of Chile’s foremost legal scholars t Uses Chile as a case study for analysing the threats to constitutional democracy today Cambridge Studies in Law and Society 300pp 9. 2021 9781108835312 Hardback GBP 85.00 / USD 110.00 eISBN 9781108883610
Cambridge Studies in Law and Society 350pp 4 b/w illus. 15 tables 11. 2021 9781108476157 Hardback GBP 85.00 / USD 110.00 eISBN 9781108567251
Hate Speech in Japan The Possibility of a Non-Regulatory Approach Shinji Higaki
Freedom of speech and anti-racism are both fundamental values to any democratic society. Hate speech compels us to strike a balance between them. Japan has chosen not to regulate hate speech, but rather, to tackle it with non-regulatory measures, which is highly unique in the world. t Explains the background, theoretical underpinnings and policy implications of hate speech regulations in Japan from multiple perspectives t First book focusing on Japanese hate speech law in English t Helps readers have a deeper, more accurate understanding of hate speech law in Japan by providing supplementary documents 400pp 1. 2021 9781108483995 Hardback GBP 95.00 / USD 125.00 eISBN 9781108669559
Just, Reasonable Multiculturalism Liberalism, Culture and Coercion Raphael Cohen-Almagor | University of Hull
This interdisciplinary study will appeal to a broad audience of scholars, students, and practitioners in political science, sociology, culture studies, religion, philosophy and law who are interested in how just, reasonable multiculturalism is reconcilable with liberal democracy. t Develops a theory of just, reasonable multiculturalism that will appeal to culture theory, gender theory and political theory scholars t Applies the theory to specific case studies so that readers can understand the theory by relating to Evidence-based examples, written in a coherent and engaging way t Relates to challenging practices that democracies grapple with today, making the book relevant and constructive on issues of concern 250pp 7. 2021 9781108476140 Hardback GBP 85.00 / USD 110.00 7. 2021 9781108469838 Paperback GBP 22.99 / USD 29.99 eISBN 9781108567213
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Lactation at Work
Policing for Peace
Expressed Milk, Expressing Beliefs, and the Expressive Value of Law Elizabeth A. Hoffmann | Purdue University, Indiana
Institutions, Expectations, and Security in Divided Societies Matthew Nanes | Saint Louis University, Missouri
This book shows legal scholars how a successful civil rights law creates effective change by helping labor activists and management personnel understand how to approach new accommodations and enabling workers to understand the possibilities for amelioration of workplace problems through internal negotiations and legal reforms. t Utilizes data from three sets of organizational actors: human resource personnel, supervising managers, and lactating employees, in order to observe the application of law into policy, and policy into day-to-day work experiences from three different perspectives t Draws on two-waves of data, one from immediately after the law was passed in real-time and another about 5 years later t Engages both organizational theory and law and society scholarship to demonstrate a key intersection of two important scholarly areas to help understand how a law’s application evolves within organizations
This book is for researchers, students, and policymakers interested in policing and civil conflict. It is accessible to graduate and advanced undergraduate students. It provides novel Evidence from Iraq and Israel, providing readers with an inside look at the way policing in each country has shaped societal conflict. t Addresses the timely, globally-relevant topic of representation in policing in a diverse set of countries t Takes an interdisciplinary approach, bringing together rich but disparate literatures in political science, criminology, economics, and sociology t Draws on unique data, both qualitative and quantitative, from understudied contexts for a mixed-methods approach brings the subject to life while rigorously testing hypotheses t Provides much-needed guidance based on empirical Evidence for policymakers working around the globe
Cambridge Studies in Law and Society 250pp 7. 2021 9781108488549 Hardback GBP 85.00 / USD 110.00 eISBN 9781108770828
Cambridge Studies in Law and Society 200pp 11. 2021 9781108839051 Hardback GBP 85.00 / USD 110.00 eISBN 9781108979580
Law and the Party in China
Resilience, Adaptive Peacebuilding and Transitional Justice
Ideology and Organisation Rogier J. E. H. Creemers | Universiteit Leiden
This book is aimed at legal and political scholars and professionals. It will provide them with a coherent explanation of how law is conceived within its ideological context, and how the Chinese Communist Party uses it as part of its governance toolkit. t The first legal study of China that explicitly embeds law in the Party-state framework that will enable lawyers and politics scholars to better grasp its intricate architecture t Explores the role of Party ideology in the legal system, drawing attention to the importance of indigenous Party thought, and provides a framework for understanding Chinese law in the Xi Jinping era t Explores the implications of ideology and organisation in a number of case studies to ensure the book contains vivid examples of its ideas in practice, as well as theory 250pp 1. 2021 9781108836357 Hardback GBP 85.00 / USD 110.00 eISBN 9781108864596
Mutinies for Equality Contemporary Developments in Law and Gender in India Tanja Herklotz | Humboldt-Universität zu Berlin
Studies recent transformations in the area of law and gender in modern India. It offers Evidence that drivers of change are emerging from beyond the traditional institutions of courts and parliament, and that to understand the everyday implications of gender based reform, it is important to look beyond only these institutional sources. t interdisciplinary work looking at legal change through the lenses of law, sociology, anthropology, political sciences and gender studies t studies a wide range of topics related to women’s and LGBTIQ rights t speaks to scholars and readers with a variety of different backgrounds and does not expect readers to be familiar with legal details 300pp 9. 2021 9781108834063 Hardback GBP 85.00 / USD 110.00 eISBN 9781108991735
How Societies Recover after Collective Violence Janine Natalya Clark | University of Birmingham
This interdisciplinary volume, which includes eight case study chapters, offers a novel conceptual and empirical analysis of resilience, adaptive peacebuilding and transitional justice. It is the first volume of its kind to show how these three concepts can combine to inform individual and collective recovery from large-scale violence. t Explores the relationship between resilience and transitional justice, adding crucial empirical material through the use of eight case study chapters t Demonstrates how the concept of resilience can contribute to transitional justice – and how transitional justice can potentially further an adaptive peacebuilding agenda t A novel inter-disciplinary volume that brings together the collective expertise of a diverse range of scholars, contributing their own unique insights to the three core themes of resilience, adaptive peacebuilding and transitional justice t This title is available as Open Access 288pp 10. 2021 9781108843621 Hardback GBP 85.00 / USD 110.00 eISBN 9781108919500
Law
Rights Claiming in South Korea Celeste L. Arrington | George Washington University, Washington DC
How do people claim rights in South Korea? This collection analyzes how rights are interpreted and acted upon via petitions, court claims, protest, media coverage, and counter-mobilization. It covers women, people with disabilities, workers, migrants, and sexual minorities, and the processes they navigate to protect and develop their rights. t Provides comparative and detailed insights into how and when rights claiming works in Korea t Includes research from multiple disciplines and about diverse groups of claimants t Will appeal to readers in political science, sociology, law, anthropology, history, and other social sciences 300pp 5. 2021 9781108841337 Hardback GBP 95.00 / USD 125.00 eISBN 9781108893947
Rule of Law Intermediaries Brokering Influence in Myanmar Kristina Simion | Australian National University, Canberra
During 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. t The first in-depth study of intermediaries active in the rule of law assistance field t The first comprehensive overview of the rule of law assistance field in Myanmar during it’s decade of political transition t Draws on the personal experiences of over 100 research participants Cambridge Studies in Law and Society 280pp 5. 2021 9781108830867 Hardback GBP 85.00 / USD 110.00 eISBN 9781108914345
Shari‘a, Inshallah Finding God in Somali Legal Politics Mark Fathi Massoud | University of California, Santa Cruz
Challenging the perception that shari’a fuels violent extremism and intolerance, Shari’a, Inshallah shows the remarkable ways that the Somali people have invoked God’s will to oppose colonialism, resist dictators, expel warlords, fight for gender equality, and build a path to the rule of law. t The first major study of legal politics in Somalia and Somaliland t Draws upon field research, ethnographic observations, and qualitative interviews t Addresses the interplay between shari’a and the rule of law in practice Cambridge Studies in Law and Society 250pp 5. 2021 9781108832786 Hardback GBP 84.99 / USD 110.00 5. 2021 9781108965705 Paperback GBP 26.99 / USD 34.99 eISBN 9781108965989
NEW IN PAPERBACK
Special Needs Financial Planning A Comparative Perspective Lusina Ho | The University of Hong Kong
Critically examines the latest developments of special needs financial planning mechanisms in Asia and the West from the perspectives of scholars and professional experts. It will appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. t Examines new breakthroughs in financial planning tools for individuals with special needs and provides analysis on the latest developments t Comparatively examines selected Asian and Western jurisdictions, enabling readers to understand the approaches of different jurisdictions t Offers comprehensive coverage of both scholarly and practitioner contributions, providing multi-angular perspectives on financial planning tools 396pp 11 b/w illus. 15 tables ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108646925
Thai Legal history From Traditional to Modern Law Andrew Harding | National University of Singapore
Provides a broad coverage of Thai Legal history in the English Language. As a major contribution to Thai studies, it introduces readers to Thai law, Thailand’s legal system and its constitutional development. Of great interest to comparative lawyers, especially those interested in the diffusion of the civil law. t Provides a very useful introduction to Thai law and legal system t Recognizes the Thai experience is not unique and facilitates comparison with other similar Legal history narratives such as Japan, China, Korea t Links legal development with society in terms of legal values and legal consciousness and provides insights into law and society generally. 350pp 6. 2021 9781108830874 Hardback GBP 85.00 / USD 110.00 eISBN 9781108914369
The Law Multiple Judgment and Knowledge in Practice Irene van Oorschot | Erasmus Universiteit Rotterdam
Irene van Oorschot takes the reader on an ethnographic journey through judicial and socialscientific ways of seeing the world, showing how judges and researchers, case files and research methods, theories and narratives become implicated with each other to produce different understandings of the world. t An interdisciplinary and conceptually sophisticated and empirically rich account of law-in-action t Addresses current debates within law and society and socio-legal scholarship on the production of truths, facts, and narratives in the legal system t Draws on the social study of knowledge and science in advancing a reflexive methodological and theoretical stance vis-à-vis legal and social scientific knowledge practices t Based on extensive ethnographic research on legal practices in a criminal Court Cambridge Studies in Law and Society 250pp 4 b/w illus. 3. 2021 9781108494809 Hardback GBP 85.00 / USD 110.00 eISBN 9781108859981
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NEW IN PAPERBACK
The Law of the List UN Counterterrorism Sanctions and the Politics of Global Security Law Gavin Sullivan | University of Kent, Canterbury
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This book is a study of global security law in motion, and is the first detailed socio-legal analysis of the UN Security Council’s counterterrorism listing regime. It engages with current debates in international law, critical security studies, global governance, Science and Technology Studies, governmentality scholarship and Socio-legal studies. t Provides a detailed interdisciplinary study of global security law in action t Draws extensively on interviews with officials from the UN Security Council and other international organisations, diplomats, security experts and judges t Critically engages with current debates in international law, critical security studies, sociology, science and technology studies, international relations and Socio-legal studies
Women and the Judiciary in the Asia-Pacific Melissa Crouch | University of New South Wales, Sydney
The courts can play a role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary is a key part of the agenda for gender equality. This volume expands our understanding of the contribution of women judges in courts across the Asia-Pacific. t Offers the first examination of the feminisation of the judiciary in the Asia-Pacific t Analyses the challenges and opportunities facing women judges in the Asia-Pacific t Offers new empirical studies to inform debates on when, if and how women make a difference in the judiciary 350pp 9. 2021 9781316518328 Hardback GBP 85.00 / USD 110.00 eISBN 9781009000208
Global Law Series 397pp 9 b/w illus. ø )BSECBDL (#1 ø ø64% )BSECBDL (#1 64% eISBN 9781108649322
Taxation
Towards the Rule of Law in China
Second edition Christiana HJI Panayi | Queen Mary University of London
Social Diversification and the Power System Weidong Ji | Shanghai Jiao Tong University, China
Offers a legal perspective on cutting-edge issues in our society at large (e.g. risk and uncertainty, AI network, the COVID-19 pandemic, and big data). Although it starts from discussion of the legal development in China, it ends with a more universalistic concern about the transformation of the global legal landscape. t Provides a libertarian Chinese scholar’s perspective on the law and society in China t Proposes a constitutionalist prescription for the legal reform in China t Offer insights on the latest development of law in China, including in-depth discussion of cutting-edge issues in the law (e.g. AI, big data, the COVID-19 epidemic) 500pp 11. 2021 9781108426541 Hardback GBP 120.00 / USD 155.00 eISBN 9781108687904
When Politics are Sacralized Comparative Perspectives on Religious Claims and Nationalism Nadim N. Rouhana | Tufts University, Massachusetts
Modern politics can be fused with religious and nationalist ideologies and myths, producing state violence. By sharing comparative analyses from India, Iran, Israel, Northern Ireland, Palestine, Saudi Arabia, Serbia, and Sri Lanka, this volume examines historical underpinnings, present politics, and the future of the sacralization of politics. t Provides a comparative and interdisciplinary approach to the study of religion and nationalism to reveal how the fusion between religious claims and nationalism is performed and governed t Introduces the concept of sacralized politics as the way politics is religiously legitimized in local and global politics t Engages with existing literature on the sacralization of politics and offers a different analytical frame to understanding it t Addresses the differences between eight case studies in which religion plays a role in state politics and ethnic relations versus cases in which it is used as a cover for deeper structures such as settler colonialism 300pp 5. 2021 9781108487863 Hardback GBP 85.00 / USD 110.00 eISBN 9781108768191
European Union Corporate Tax Law This is an essential book for academics, practitioners and government officials interested in EU corporate tax law and international tax law. Christiana HJI Panayi provides an in-depth analysis of a number of tax issues affecting companies in the EU and reviews some of the high-profile debates in this area. t Explains difficult concepts in international and EU tax law so those without a tax background can understand some of the underlying issues t Addresses both fundamental freedoms and state aid rules t A very up-to-date analysis that considers some of the possible repercussions of Brexit, as well as new material on fiscal State aid and soft law measures Cambridge Tax Law Series 450pp 6. 2021 9781108839020 Hardback GBP 95.00 / USD 125.00 eISBN 9781108979528
Taxing the Digital Economy Theory, Policy and Practice Craig Elliffe
In dealing with digital companies, the international tax world is at a crossroads: reform will either involve unilateral country-by-country digital services taxes, or a consensus-driven multilateral new 2020s compromise developed by the OECD. This book provides a comprehensive analysis of the effectiveness of the OECD’s proposed reforms. t Clearly explains the new OECD/Inclusive Framework proposals for a proposed multilateral international tax system t Explains the historical background of the original international tax compromise and analyses the theory and policies behind it t Highlights the seven key Taxation challenges posed by highly digitalised business models Cambridge Tax Law Series 250pp 5. 2021 9781108485241 Hardback GBP 85.00 / USD 110.00 eISBN 9781108750691
Law
UN and international organisations De facto International Prosecutors in a Global Era With My Own Eyes Melinda Rankin | University of Sydney
Explains how and why ‘de facto international prosecutors’ extend the reaches of international Criminal law by implicitly or explicitly adopting the tasks and practices of the offices of international prosecutors. t Explores the actors, institutions and means that extend the reach of international Criminal law t Examines the role of witnesses and victims of Human rights violations in court proceedings t Will be of interest to policy makers, Human rights activists, international Criminal law practitioners and witnesses and victims of core crimes 225pp 2. 2022 9781108498166 Hardback GBP 85.00 / USD 110.00 eISBN 9781108632546
9/11 and the Rise of Global Anti-Terrorism Law How the UN Security Council Rules the World Arianna Vedaschi | Università Commerciale Luigi Bocconi, Milan
This book will be of use to scholars and students interested in counter-terrorism measures, as well as practitioners and policy-makers dealing with Human rights issues. It will be useful to those who carry out judicial or quasi-judicial tasks, since it addresses, theoretically and practically, the balance between rights and security. t Offers a multi-disciplinary analysis of counter-terrorism measures, showing the reader how multiple fields of research can interact, as well as the concrete impact of such interaction. t Provides an analysis from a multilevel perspective t Sheds light on the role of the United Nations, and especially of the Security Council, in counter-terrorism measures, taking into account, from a comparative law perspective, the implementation at national level t Gives concrete guidelines on how counter-terrorism measures could be better framed in the light of a rule of law approach Global Law Series 320pp 7. 2021 9781316519264 Hardback GBP 84.99 / USD 115.00 7. 2021 9781009010146 Paperback GBP 26.99 / USD 34.99 eISBN 9781009023146
Ethical Leadership in International Organizations Concepts, Narratives, Judgment, and Assessment Guilherme Vasconcelos Vilaça
The book targets students and academics interested in the role of ethics in international law and the importance of individual character and virtues in international organizations’ leadership positions and staffs. It provides a novel interdisciplinary account of virtue ethics that is context-sensitive and non-ideal based on abundant case studies. t Builds a case for the need of an interdisciplinary approach to ethics based on virtue ethics t Offers a context and case-based approach to international ethics t Provides the first consistent analysis and evaluation of the ethics of international organisations focusing on leaders and their qualities and characters ASIL Studies in International Legal Theory 275pp 5. 2021 9781108485869 Hardback GBP 85.00 / USD 110.00 eISBN 9781108641715
Legalising the Drug Wars A Regulatory History of UN Drug Control John Collins
The book is targeted at international history, drug policy, international relations and international law specialists. It provides the first focused, systematic historical account of the creation of the UN drug control system, the UN Single Convention on Narcotic Drugs and the first major regulatory history of UN drug control. t Provides a rigorous historical and legal analysis of the creation of the UN drug control treaties with a specific focus on the 1961 UN Single Convention on Narcotic Drugs t Offers a new international relations theoretical framework for drug control, drawing on the regime complex analyses of climate change, Intellectual property rights, etc t Provides historians, policy experts and diplomats with a timely guide on the 60th anniversary of the Single Convention and the 50th anniversary of Richard Nixon’s declaration of the ‘war on drugs’. 224pp 11. 2021 9781316512326 Hardback GBP 85.00 / USD 110.00 eISBN 9781009058278
US law A Nation Within
Committed to Rights UN Human rights Treaties and Legal Paths for Commitment and Compliance Volume 1 Audrey L. Comstock | Arizona State University
This book is for advanced undergraduates, graduate and law students, faculty and researchers interested in the legal and political dynamics of UN Human rights treaties. Through a rigorous mixed methods approach, it demonstrates that legal distinctions among treaty commitment types help explain when states are improving Human rights practices. t Provides analysis of four different treaty commitment types t Connects legal scholarship and theories with political science/ international relations t Makes the theory accessible to readers without specialized training 200pp 1. 2021 9781108830072 Hardback GBP 85.00 / USD 110.00 eISBN 9781108908979
Navajo Land and Economic Development Ezra Rosser | American University, Washington DC
Addressing issues of resource exploitation and tribal sovereignty, Ezra Rosser explores the connection between land-use and development in the Navajo Nation. The book is for students, scholars, professionals, and anyone interested in Indigenous studies, the Navajo Nation, tribal economic development, and environmental and Property law. t Provides a history of the Navajo Nation focusing on periods of resource exploitation t Addresses a range of difficult and controversial topics, including matters of environmental justice, tribal corruption, and poverty t Accessible to readers without a background in law or economics 300pp 9. 2021 9781108833936 Hardback GBP 84.99 / USD 110.00 9. 2021 9781108987448 Paperback GBP 26.99 / USD 34.99 eISBN 9781108987585
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Law
Critical Race Judgments Rewritten US Court Opinions on Race and the Law Bennett Capers | Brooklyn Law School
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How might seminal Supreme Court cases have come out differently had CRT insights shaped the development of constitutional law? This book answers that question by re-writing opinions that implicate critical dimensions of racial justice, including the death penalty, employment, voting, policing, education, environmental justice, and immigration. t Introduces readers to the range of Critical Race Theory approaches t Makes the theory accessible to readers and shows the work Critical Race Theory can do when applied t The only book to provide reimaginations of seminal court opinions through a Critical Race Theory lens 600pp 2. 2022 9781107164529 Hardback GBP 89.99 / USD 120.00 2. 2022 9781316616451 Paperback GBP 29.99 / USD 39.99 eISBN 9781316691090
Diversity Judgments Democratizing Judicial Legitimacy Roy L. Brooks | University of San Diego School of Law
In order for the US Supreme Court to retain its integrity and legitimacy, it needs to reflect society’s commitment to diversity and inclusion. Brooks argues that the Court decides cases within a framework of judicial legitimacy that is rooted not in today’s society, but in eighteenth-century AngloAmerican culture. t Argues that the US Supreme Court’s deliberative process does not adequately reflect the gender, race, and sexuality make-up of the nation t Explains how the Court currently decides its most important cases, with detailed examples t Shows how the Court can modernize and democratize its deliberative process through diversity and inclusivity 400pp 11. 2021 9781108424325 Hardback GBP 99.99 / USD 130.00 11. 2021 9781108440066 Paperback GBP 36.99 / USD 49.99 eISBN 9781108333894
Feminist Judgments: Rewritten Property Opinions Eloisa C. Rodriguez-Dod
Reimagining fundamental property cases from a feminist perspective, this volume illustrates ways in which Property law has served to suppress women and other marginalized groups. The book is for scholars and students interested in Property law, zoning and land use, landlord-tenant law, gender and the law, and Intellectual property. t Contains both rewritten opinions and commentaries, helping readers learn to critically analyze cases t Features diverse voices regarding race, ethnicity, gender, sexual orientation, and socio-economic status t Demonstrates how feminist perspectives can enrich and deepen the process by which judicial decisions are made Feminist Judgment Series: Rewritten Judicial Opinions 450pp 11. 2021 9781108835534 Hardback GBP 120.00 / USD 150.00 11. 2021 9781108812870 Paperback GBP 39.99 / USD 49.99 eISBN 9781108890922
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The Conscientious Justice How Supreme Court Justices’ Personalities Influence the Law, the High Court, and the Constitution Ryan C. Black | Michigan State University
Supreme Court justices have personalities that influence their behavior and, in turn, legal development and the Constitution. This book exhaustively examines every part of the Court’s decision-making process (and more) to reveal how justices’ personalities influence the law, the High Court, and the Constitution. t Proposes a new view of judicial behavior t Examines nearly every stage of the Court’s decision-making process t Provides replication data for all chapters and valid estimates of the justices’ Big Five Personality Traits QQ C X JMMVT UBCMFT ø 1BQFSCBDL (#1 ø ø64% )BSECBDL (#1 64% F*4#/
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