Law Journals & Books Catalogue Jan-Aug 2020 - Cambridge University Press

Law Books and Journals Catalogue January - August 2020

www.cambridge.org/Law2020

Welcome to the Law Books and Journals Catalogue 2020 Here you will find new and forthcoming titles showcasing the best academic research from our internationally renowned authors. Our highlights include The Global Governed?, The Syrian Conflict’s Impact on International Law, Predatory Lending and the Destruction of the African-American Dream.

Our Law publications are available in a variety of formats, including eBooks and print, as well as online collections for institutional purchase via our Publishing service Cambridge Core.

We also publish a range of leading Law Journals that are listed at the back of this catalogue.

We hope that you enjoy reading about our latest publications.

For queries, suggestions or proposals you can find a list of useful contacts in the bottom right-hand corner of this page

Be the first to hear about the academic products in your area of interest and receive 20% off your first online order

Contact: In the Americas: Matt Gallaway mgallaway@cambridge.org Jackie Grant jgrant@cambridge.org

In Europe:

Cambridge Alerts

Finola O'Sullivan fosullivan@cambridge.org Tom Randall trandall@cambridge.org

In Asia: Joe Ng jng@cambridge.org

www.cambridge.org/alerts

Law Catalogue 2020

The Legal Mind

Class Actions and Government

A New Introduction to Legal Epistemology Bartosz Brożek | Jagiellonian University, Krakow

Drawing from philosophy and the cognitive sciences, this book depicts a new picture of legal thinking as an interplay between intuition, imagination, and language. This fresh approach prompts key questions of rationality in law, how lawyers think, and the limits of legal interpretation that will interest scholars, students, and practitioners.

• Uses the newest insights from cognitive science to shed light on legal thinking • Introduces the concept of ecological rationality into the philosophy of law • Readers will consider the crucial role of imagination in legal thinking and rethink the nature of legal problem solving Jurisprudence, legal theory

November 2019 228 x 152 mm 188pp 978-1-108-49325-3 Hardback £85.00 / US$110.00

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Aristotle and Law

Rachael Mulheron | Queen Mary University of London

Examines the role of government in class actions, as an enabler and designer of the relevant legislation, as a potential funder of class actions, as legislative ‘gate-keeper’ against non-resident class member participation, as a potential class member or representative claimant, as a potential financial beneficiary, and as a potential defendant.

• Novel and comparative in scope, this book will benefit a readership in a wide range of jurisdictions, both where an opt-out class action has already been implemented and where it is under consideration • Offers practical recommendations in each chapter, resembling the aims of a law reform report • Covers the role of government in all of its guises, where class actions implementation and design are concerned, looking at government in all respects, from enabler and designer, to defendant • Contains 100 design points of class action statutes, rules, and case law jurisprudence, assessing whether these points should be contained in legislation or left to the courts to develop in case-by-case determination Jurisprudence, legal theory

The Politics of Nomos George Duke | Deakin University, Victoria

This book offers a systematic exposition of Aristotle’s legal thought. It argues that Aristotle’s seemingly dispersed statements on legislation and law are unified by a commitment to law’s status as an achievement of practical reason. It will appeal to scholars and students in jurisprudence, philosophy, political science, and classics.

• Provides a dedicated exposition and critical analysis of Aristotle on the topic of law • Brings Aristotle’s legal theory into dialogue with contemporary legal theory to stimulate further consideration of its current relevance • Demonstrates the coherence of Aristotle’s various statements on law Jurisprudence, legal theory

November 2019 228 x 152 mm 225pp 978-1-107-15703-3 Hardback £74.99 / US$99.99

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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.

• Provides an interdisciplinary study of liberal political thought and constitutional law • Gives an overview of the history of constitutional rights for political philosophers and other non-lawyers of our constitutional tradition • Explores Mill’s idea of ‘freedom’ and shows how his has influenced our legal tradition

March 2020 228 x 152 mm 492pp 9 b/w illus. 12 tables 978-1-107-04397-8 Hardback £110.00 / US$140.00

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Why Punish Perpetrators of Mass Atrocities?

Purposes of Punishment in International Criminal Law Florian Jeßberger | Universität Hamburg

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.

• Presents new thoughts on purposes and meaning of punishment in international criminal law from different perspectives • 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 • 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 Jurisprudence, legal theory | ASIL Studies in International Legal Theory

January 2020 228 x 152 mm c.410pp 978-1-108-47514-3 Hardback £95.00 / US$125.00

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Jurisprudence, legal theory

April 2020 228 x 152 mm c.192pp 978-1-108-48529-6 Hardback £85.00 / US$110.00

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Law Catalogue 2020

17. Non-judicial detention; 18. Institutional integrity of courts; Part VI. The Federal Executive: 19. Federal executive power; 20. Power to spend money; Part VII. Federalism: 21. Inconsistency between federal and state laws; 22. Intergovernmental immunities; 23. Rights of out of state residents.

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. It will be of interest to policy-makers, practitioners, and scholars of transitional justice, international relations, and art theory.

• Provides the first substantive and comprehensive theoretical framework for understanding transitional justice and visual art, supported by extensive empirical social science research • 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 • 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 Jurisprudence, legal theory | Law in Context

November 2019 247 x 174 mm 246pp 40 b/w illus.

978-1-108-49439-7 Hardback £85.00 / US$110.00

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December 2019 247 x 174 mm c.1000pp 978-1-108-70103-7 Paperback £99.99 / US$150.00

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The Double-Facing Constitution Edited by 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.

• Puts constitutional law and theory in a broader context of international law, foreign relations and cross-border movement • Connects theory and detailed case studies in different areas of law • Connects current topics in areas such as foreign relations law to classic debates in legal and constitutional theory Constitutional and administrative law, public law

January 2020 228 x 152 mm c.448pp 978-1-108-48548-7 Hardback £95.00 / US$125.00

Government Accountability Australian Administrative Law Second edition Judith Bannister

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Authoritarian Legality in Asia

This bundle includes: the second edition of Government Accountability: Australian Administrative Law and Government Accountability – Australian Administrative Law Sources and Materials.

• Combined focus on theory, law and practice • Overarching theme is accountability • A bundle of theory and sources is now available Constitutional and administrative law, public law

October 2019 247 x 174 mm 988pp 978-1-316-64271-9 2 Paperback Books

Constitutional and administrative law, public law

£110.00 / US$145.00

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TEXTBOOK

Australian Constitutional Law Concepts and Cases Luke Beck | Monash University, Victoria

A highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics and is invaluable for students engaging with Australian constitutional law.

• The book’s conceptual approach enables students to better understand constitutional law • Avoids ‘silo-ing’ content by ensuring that connections between topics are made explicit • Useful for ‘flipped classroom’ modes that spend more time in seminars than lectures, enabling greater focus on activities that require higher level application and analytical skills Contents: Part I. Introduction: 1. Introduction to Australian constitutional law; Part II. Legislative Powers: 2. State legislative powers; 3. Constitutional method: interpretation, characterisation and invalidity; 4. Trade and commerce power; 5. Corporations power; 6. External affairs power; 7. Immigration and aliens powers; 8. Constitutional alteration and the race power; Part III. Limitations on Powers: 9. Acquisition of property on just terms; 10. Freedom of religion; 11. Implied freedom of political communication; 12. Freedom of interstate trade, commerce and intercourse; Part IV. The Federal Parliament: 13. The Federal Parliament; 14. Choosing members of Federal Parliament; Part V. The Courts and Judicial Power: 15. Separation of judicial power; 16. The scope of federal judicial power;

Formation, Development and Transition Edited by Weitseng Chen | National University of Singapore

This book compares the past and current experiences of China, Hong Kong, South Korea, Japan, Taiwan, Singapore and Vietnam, and offers a comparative framework for readers to conduct a theoretical dialogue with the orthodox conception of liberal democracy and the rule of law.

• Provides a comparative perspective of authoritarian legality to enrich the understanding of legality and liberal rule of law and democracy • Introduces an intra-Asia comparison approach that provides a new set of metrics for evaluating legal reforms in authoritarian countries such as China • Explores various phases of authoritarian legality development and discusses not only the transition of authoritarian legality but also the post-transition struggles in various countries Constitutional and administrative law, public law

February 2020 228 x 152 mm c.500pp 978-1-108-49668-1 Hardback £110.00 / US$140.00

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Law Catalogue 2020

TEXTBOOK

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Proportionality in Action

The Hong Kong Legal System

Comparative and Empirical Perspectives on the Judicial Practice Edited by Mordechai Kremnitzer | Hebrew University of Jerusalem

Second edition Stefan H. C. Lo | Government of the Hong Kong Special Administrative Region

This textbook offers a reader-friendly overview of Hong Kong’s legal system, covering both the origins in British law and the application of the Basic Law under ‘one country, two systems’. It takes into account legal developments in the last two decades since the 1997 handover, and guides first-year law students in legal research and methods.

• Provides an overview of different legal theories and legal institutions in Hong Kong’s legal system including examples on case law, statutory interpretation and legal research that will enable students to obtain a solid foundational understanding of the legal system • Features an entire chapter on finding and citing legal materials to assist students with legal research in their independent learning • Provides illustrative examples to guide students through parts of a statute and a case, building a student’s confidence in reading legislation and cases

The book will benefit public law scholars, political scientists, judges and lawyers interested in the six countries analysed in the book, as well as those from other countries in which proportionality is practiced or is emerging. The analyses of specific cases and the empirical data provide a rich basis for comparative insights.

• Includes systemic-in-depth analyses of the application of proportionality in six jurisdictions, each based on a comprehensive sample of cases • Relies on a mixed methodological approach, providing comparable, quantitative measures that are contextualized and nuanced by qualitative insights • Analyses are contextualized by constitutional scholars from each of the relevant jurisdictions

Contents: Preface to the second edition; Table of cases; Table of legislation; 1. Introduction and overview; 2. Functions and concepts of law; 3. Governance in Hong Kong; 4. Sources of law; 5. The court system and the doctrine of precedent; 6. The process of legislation; 7. Statutory interpretation; 8. Criminal justice system; 9. Civil justice system; 10. Alternative methods of resolving disputes; 11. Access to justice; 12. Finding and citing legal materials; 13. Interface between Hong Kong and international and Chinese law; Glossary; Index.

April 2020 228 x 152 mm c.646pp 36 b/w illus. 2 tables 978-1-108-49758-9 Hardback £120.00 / US$155.00

Constitutional and administrative law, public law

December 2019 228 x 152 mm c.428pp 9 b/w illus. 3 tables 978-1-108-72182-0 Paperback £41.99 / US$55.00 X

The Cambridge Companion to the First Amendment and Religious Liberty Edited by Michael D. Breidenbach | Ave Maria University, Florida

This book offers accessible, scholarly insights on the First Amendment and religious liberty to undergraduate and graduate students in philosophy, law, history, and religious studies.

Recent Supreme Court cases concerning religious liberty and related controversies in American culture make this book of wide interest to the general public as well.

• Provides an interdisciplinary approach to the First Amendment • Offers the most up-to-date accounts of Supreme Court cases on the free exercise and establishment clauses of the First Amendment • Features emerging scholars that challenge previous interpretations of the First Amendment, religious liberty, and church-state relations • Gives practical considerations for First Amendment jurisprudence today from scholars who have been in the field

Constitutional and administrative law, public law | Cambridge Studies in Constitutional Law, 22

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The Failure of Popular Constitution Making in Turkey Regressing Towards Constitutional Autocracy Edited by Felix Petersen | Hebrew University of Jerusalem

This book details the conditions leading to the failure of constitution making and constitutional reform in Turkey, and offers lessons that can be applied elsewhere. It will appeal to scholars and students of constitutional politics and be valuable supplementary reading for undergraduate and graduate courses in Turkish studies.

• Focuses on the failure of constitution-making processes so that readers may draw lessons on conditions that are conducive to failure • Looks at popular constitution-making methods in a largely authoritarian setting to help readers understand basic conditions of popular constitution making and to distinguish democratic from authoritarian constitution making • Explores an extremely understudied period of Turkish constitutional history to not only fill in a gap in the literature, but also to help citizens understand what happened Constitutional and administrative law, public law | Comparative Constitutional Law and Policy

December 2019 228 x 152 mm c.428pp 4 b/w illus. 4 tables 978-1-108-49762-6 Hardback £95.00 / US$125.00 C

Constitutional and administrative law, public law | Cambridge Companions to Law

January 2020 228 x 152 mm c.350pp 978-1-108-41747-1 Hardback £99.99 / US$130.00 978-1-108-40529-4 Paperback £31.99 / US$39.99

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Law Catalogue 2020

The President and the Supreme Court

Abortion and the Law in America

Going Public on Judicial Decisions from Washington to Trump Paul M. Collins, Jr | University of Massachusetts, Amherst

Roe v. Wade to the Present Mary Ziegler | Florida State University

This first-of-its-kind book speaks to key normative and empirical issues in American government. It will appeal to those interested in the president, the Supreme Court, and judicial independence, including scholars; undergraduate, graduate, and law students; members of the media; and the welleducated general public.

• Provides the most comprehensive examination of presidential speeches on US Supreme Court decisions • Includes stories from the history of the American republic to illuminate how presidential discussions of Supreme Court decisions have and have not changed over time • Examines the effect of presidential speeches on the Court, Congress, the media, and the public • Blends normative scholarship with empirical and historical data on the relationship between the president and the Supreme Court US law

February 2020 228 x 152 mm c.225pp 978-1-108-49848-7 Hardback c. £85.00 / c. US$110.00 978-1-108-72389-3 Paperback c. £24.99 / c. US$29.99

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US law

March 2020 228 x 152 mm c.275pp 978-1-108-49828-9 Hardback c. £85.00 / c. US$110.00 978-1-108-73559-9 Paperback c. £21.99 / c. US$29.99

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European Constitutional Courts and Transitions to Democracy

Whitelash Unmasking White Grievance at the Ballot Box Terry Smith | Depaul University (Chicago) College of Law

This book is for anyone seeking an understanding of the 2016 US presidential election and its fallout.

It uses analogies from anti-discrimination law that Americans intuitively understand to discuss voting, and asks the question: do Americans have a legal obligation not to racially discriminate in the privacy of the ballot box?

• Examines racist voting patterns in the 2016 US presidential election and shows the potential impact of similar patterns for 2020 and beyond • Uses analogies to anti-discrimination law in employment and jury-selection contexts to show how racist election results can be invalidated in the future • Redefines the meaning of the right to vote US law

December 2019 228 x 152 mm c.300pp 7 tables 978-1-108-42672-5 Hardback £74.99 / US$99.99 978-1-108-44546-7 Paperback £18.99 / US$24.99

With the Supreme Court likely to reverse Roe v.

Wade, the decision legalizing abortion, American debate appears fixated on clashing rights. The first comprehensive look at the legal history of recent decades, this book illuminates an unexpected shift toward arguments about policy costs and benefits – one that deepened polarization.

• Offers the first legal history of a crucial chapter in the American abortion debate from 1973 to the present • Uncovers an unknown but crucial shift in the terms of the legal and political debate toward claims about the costs and benefits of abortion • Combines intricate legal analysis with moving oral histories, original insights, and broader contextualization • Mines new primary sources, including the private collections of pro-life and pro-choice lawyers and activists, and unexplored papers of social movement organizations

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Francesco Biagi | Università di Bologna

This book provides a comparative look at the role of three generations of European Constitutional Courts in the processes of transition to democracy, showing how they contributed to the positive outcome of democratization. It will appeal to scholars and practitioners interested in the waves of democratization in twentieth century Europe.

• Provides a diachronic comparison, providing an analysis of the role of these Courts in three different historical phases • Offers one of the first studies available in English on the role played by the Italian and Spanish Constitutional Courts in the democratic transition processes • Gives useful insights for constitutional courts in countries that are currently experiencing (or likely to experience in the future) a transition from authoritarian rule Comparative law | ASCL Studies in Comparative Law

December 2019 228 x 152 mm c.242pp 978-1-108-48939-3 Hardback £85.00 / US$110.00

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From Parchment to Practice Implementing New Constitutions Edited by Tom Ginsburg | University of Chicago

This volume uses theory and case studies to explore how the first moment of constitutional implementation actually plays out and helps defines a constitution’s future. It will appeal to scholars and practitioners with an interest in how and why written constitutional promises actually succeed or fail.

• Collects case studies from many different contexts to provide multiple examples of the early period of constitutional implementation • Investigates the tensions and challenges the implementation of a new constitution creates • Analyzes the diverse means through which these issues are mediated, whether successfully or less successfully Comparative law | Comparative Constitutional Law and Policy

March 2020 228 x 152 mm c.250pp 5 b/w illus. 2 tables 978-1-108-48773-3 Hardback c. £85.00 / c. US$110.00 978-1-108-73802-6 Paperback c. £24.99 / c. US$32.99

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Law Catalogue 2020

Islamophobia and the Law Cyra Akila Choudhury | Florida International University

This book brings together leading legal scholars in the United States to explore the emergence and rise of Islamophobia after the 9/11 terror attacks. It is a critical read for scholars and practitioners, advocates and students interested in deepening their knowledge of the subject matter.

• Analyzes how the law is integral in spearheading Islamophobia by state agencies and private citizens • Reveals the historical epistemological and legal sources that enable the contemporary rise of Isalmophobia • Includes selections that rely deeply on interdisciplinary research, facilitating discussions and creating bridges between scholars across disciplines Human rights

April 2020 228 x 152 mm c.300pp 978-1-108-42212-3 Hardback c. £90.00 / c. US$110.00 978-1-108-43371-6 Paperback c. £27.99 / c. US$34.99

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Children’s Rights and Business Governing Obligations and Responsibility Gamze Erdem Türkelli | Universiteit Antwerpen, Belgium

Human rights

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Multi-Actor Human Rights Protection at the International Criminal Court

Challenges and Responses Edited by Gerald L. Neuman | Harvard Law School, Massachusetts

Leading experts explore the threats to human rights and the international system from the spread of populism, and how to confront them. Their analyses and recommendations will interest human rights lawyers, political scientists, international relations students, and general readers concerned about recent developments.

• Analyzes the urgent topic of populism from a human rights perspective to illuminate issues neglected in most literature on populism, and offers needed recommendations on how to respond • Speaks to a wide audience and offers interdisciplinary insights, including legal, philosophical, political science, international relations, and practitioner perspectives • An international range of experts examine populism in the US, Europe, Latin America, Asia, and the international system April 2020 228 x 152 mm c.250pp 978-1-108-48549-4 Hardback £85.00 / US$110.00

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Corporate Social Responsibility in Developing and Emerging Markets Institutions, Actors and Sustainable Development Edited by Onyeka K. Osuji | University of Essex

Incorporating inter-disciplinary and cross-national perspectives, this book will appeal to researchers and students across multiple fields. It will be a vital resource to companies, corporate boards, business persons, scholars, and policymakers seeking to understand the concepts and principles of corporate social responsibility (CSR) and sustainable development in the context of emerging economies.

• Contains theoretical, legal, socio-economic, historical, empirical, and inter-disciplinary approaches • Challenges the application of dominant neoliberal CSR approaches to developing and emerging economies • Businesses, policymakers, and scholars will understand and be confident in applying what works for developing and emerging economies Human rights

December 2019 228 x 152 mm c.370pp 978-1-108-47211-1 Hardback £95.00 / US$125.00

Emma Irving | Universiteit Leiden

This book outlines how states and the International Criminal Court (ICC) must work together to ensure the protection of accused and witnesses involved in ICC proceedings. It describes the obligations of the different actors, highlights the problems that can arise, and proposes solutions that will be relevant for academics and practitioners.

• Provides a clear and structured description of the obligations of the ICC, ICC states parties, and the ICC host state in different multi-actor situations, allowing readers to quickly access the relevant information about the obligations of the different actors • Identifies the ways in which multi-actor human rights protection at the ICC can compromise the protection of these rights • Outlines possible solutions to the challenges presented by multi-actor human rights protection at the ICC and explores a range of ideas and proposals for change Human rights

February 2020 228 x 152 mm c.264pp 978-1-108-48106-9 Hardback £85.00 / US$110.00

Human Rights in a Time of Populism

Human rights

This book is a comprehensive legal inquiry into children’s rights and business, situating children and their rights within the business and human rights arena, and evaluating the promise of existing regulatory frameworks through the lens of in-depth case illustrations on children in supply chains and children in investment projects.

• Provides multidisciplinary viewpoints on the need for a children’s rights-focused inquiry in the business and human rights debates • Relies on empirical findings from various disciplines to showcase why children’s rights merit attention in the business and human rights debates • Features in-depth real-life case illustrations on children’s rights and business to show how legal norms governing children’s rights and business are deployed, and evaluates the gaps in children’s rights protection in a way relevant both to academics and practitioners • Draws on insights from international relations and global governance literatures to allow critical engagement with how law is and can be made in the business and human rights domain January 2020 228 x 152 mm c.420pp 978-1-108-48416-9 Hardback £95.00 / US$125.00

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Transitional Justice and Corporate Accountability from Below Deploying Archimedes’ Lever Leigh A. Payne | University of Oxford

Exploring corporate accountability for past human rights violations in armed conflicts and authoritarian regimes, this book unites two literatures: business and human rights, and transitional justice. Using a corporate accountability and transitional justice database, the authors argue that the accountability processes around the world constitute ‘accountability from below’.

• Addresses a social problem never before systematically analysed • Uses an original global data set for its analysis • Provides an understanding of the agency and tools that have made accountability practices possible Human rights

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February 2020 228 x 152 mm c.366pp 20 b/w illus.

978-1-108-47413-9 Hardback £95.00 / US$125.00

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Law Catalogue 2020

Chinese Refugee Law and Policy, 1949–2017

The Cambridge Handbook of New Human Rights

A Door behind the Bamboo Curtain Lili Song | University of Otago, New Zealand

Recognition, Novelty, Rhetoric Edited by Andreas von Arnauld | Christian-Albrechts Universität zu Kiel, Germany

This book systematically and critically examines Chinese refugee law and policy. It provides in-depth legal and policy analysis and is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.

• Systematically examines Chinese refugee law and policy to help readers to gain a deeper understanding of in-depth critical legal and policy analyses • Draws from empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced populations • Through comparison of China, Hong Kong and Macao, readers will gain a better sense of factors that shape refugee law and policy in these jurisdictions Human rights

April 2020 228 x 152 mm c.250pp 3 b/w illus. 2 maps 1 table 978-1-108-48398-8 Hardback £85.00 / US$110.00 C

Human rights

December 2019 253 x 177 mm c.720pp 2 b/w illus.

978-1-108-48473-2 Hardback £160.00 / US$210.00

Catholic Cosmopolitanism and Human Rights

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Climate Change, Disasters, and the Refugee Convention

Leonard Francis Taylor | National University of Ireland, Galway

Western legal culture looked to the Christian religion for its foundational cosmopolitan ideas, and at the beginnings of the human rights movement returned to that moral vocabulary to ground the further growth of the international order in the twentieth century.

• Provides an engaging narrative on the integration of democratic and human rights norms into Catholicism, which in turn promoted those values through Christianity’s global reach • A valuable historical survey of Catholicism as a cosmopolitan project from the medieval to the modern era • Undertakes to provide a critical narrative of the development and direction of international law as it was characterised by Catholic preoccupations from the medieval and early modern era Human rights

February 2020 228 x 152 mm c.300pp 978-1-108-48612-5 Hardback £85.00 / US$110.00

Examines the emergence of ‘new’ human rights, following a comprehensive approach and analysing various ‘new’ rights, including the struggles for their recognition, their contested nature, from different angles, and theoretical approaches.

Human rights scholars, practitioners, and activists alike will learn from this study of new human rights.

• Provides a novel overarching theoretical approach to the emergence of new human rights, while engaging with concrete human rights to inform the general theoretical framework • Critically reviews existing approaches to the phenomenon of rights emergence, expansion and inflation and provides profound insights into human rights emergence through the lenses of recognition, novelty and rhetoric • Covers and analyses the contestation around the emergence of new human rights and conveys a comprehensive picture of the complexities and multiple perspectives involved in the emergence of new human rights

Matthew Scott | Raoul Wallenberg Institute of Human Rights and Humanitarian Law

This book is for university researchers, students and legal practitioners working in international law and wider fields. It is one of the only monographs to review jurisprudence relating to ‘climate refugees’ and provides a novel legal and epistemological perspective that challenges received wisdom and offers theoretical and practical insights.

• Offers a fresh, critical perspective on the ‘climate refugee’ phenomenon • Provides the reader with a clear evidence base combined with a robust analytical framework for understanding why some people can establish eligibility for refugee status whilst most will not • Develops a recalibrated human rights-based interpretation of the refugee definition Human rights | Cambridge Asylum and Migration Studies

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December 2019 247 x 174 mm c.201pp 5 b/w illus. 2 tables 978-1-108-47822-9 Hardback £84.99 / US$110.00 P 978-1-108-74712-7 Paperback £26.99 / US$34.99 P

Law Catalogue 2020

Ableism at Work

Concessionaires, Financiers and Communities

Disablement and Hierarchies of Impairment Paul David Harpur | University of Queensland

The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Ableism at Work: Disability and Hierarchies of Impairment is a comprehensive comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities.

• Where other works analyze the situation in a single jurisdiction or a single area of law, this work is comprehensive, comparative and draws together global trends of sanism and ableism at work • Enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate against workers with psychosocial disabilities • Provides practical suggestions for how workers can seek redress and enable themselves to work in a regulatory framework Human rights | Cambridge Disability Law and Policy Series

December 2019 228 x 152 mm c.228pp 978-1-108-49730-5 Hardback £85.00 / US$110.00

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Handbook on Good Treaty Practice Jill Barrett | Queen Mary University of London

Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

• Provides a practical guide to treaty work, including unique insights into work that takes place inside the treaty office and its implications • Explores generic principles of good treaty practice and procedure in detail • Provides an analytical tool to enable government and international organizations to identify and develop the best treaty practice for their circumstances Public international law

January 2020 244 x 170 mm 500pp 3 b/w illus. 17 tables 978-1-107-11190-5 Hardback £120.00 / US$155.00 P 978-1-107-53068-3 Paperback £39.99 / US$49.99 P

Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects Kinnari I. Bhatt | Erasmus Universiteit Rotterdam

Confronts overlooked questions about how the hidden legal rules, private mechanisms and behaviours that shape capital investment matter for rights implementation in our financialised times.

It will appeal to those interested in interfaces between Indigenous land rights, public-private development projects, finance, business and vulnerability.

• Introduces the phenomenon of transnational development projects as a new field for multi-disciplinary research, policy making and corporate practice • Provides fresh, rigorous and real-life case study and documentary illustrations into the interfaces and tensions between technical, algorithmic and hidden contractual and policy mechanisms, neoliberal values and the implementation of customary rights to land • Provides practical recommendations for a preventative remedial agenda that can inform those engaged in private sector development, the implementation of land rights issues, and business and human rights Public international law

March 2020 228 x 152 mm c.222pp 3 b/w illus.

978-1-108-48465-7 Hardback £85.00 / US$110.00

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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.

• Addresses blind spots in international law scholarship through interdisciplinary research to explain contradictions in American engagement with international law • 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 • Develops a working definition of the ‘international rule of law’ and directly compares identified ideological understandings of legal policymakers Public international law

February 2020 228 x 152 mm c.286pp 3 tables 978-1-108-48143-4 Hardback £85.00 / US$110.00

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Law Catalogue 2020

The Many Lives of Transnational Law

Negotiating Civil War The Politics of International Regime Design Henry Lovat | University of Glasgow

This book is vital reading for international lawyers, policy-makers and diplomats, human rights activists, and students of international law and politics, reflecting the pressing need to better understand the dynamics of multilateral treaty negotiations in a rapidly shifting international political, economic, and security environment.

• Offers a rigorous and critical analysis of the evolution of the international legal measures regulating the conduct of civil war • Applies an innovative, theoretically pluralist approach to the design of a critical international legal regime • Provides a fresh perspective on the politics of negotiating multilateral treaties and identifies important implications for policy-makers and participants in comparable negotiations Public international law

February 2020 228 x 152 mm c.400pp 978-1-108-49727-5 Hardback £95.00 / US$125.00

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Critical Engagements with Jessup’s Bold Proposal Edited by Peer Zumbansen | King’s College London

What role can law play today in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states? Using ‘transnational law’ as framework, the contributors search for suitable answers to new, border-crossing legal problems such as climate change law, security, poverty and inequality.

• Legal scholars, sociologists, political scientists, anthropologists and cultural theorists offer critical engagements with transnational law and regulatory governance across a wide range of issues • Explores the concept, theory and pedagogy of transnational law and its development into the present • Contributions offer intriguing insights into the history and idea of transnational law and argue for its relevance as a critical framework for the study of law in a global context Public international law

The Syrian War

February 2020 228 x 152 mm c.521pp 2 b/w illus. 4 tables 978-1-108-49026-9 Hardback £110.00 / US$140.00 C

Between Justice and Political Reality Edited by Hilly Moodrick-Even Khen | Hebrew University of Jerusalem

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. • Provides an analysis of the conflict in Syria, focusing on the integration between legal and political studies • 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 • Draws on the implications of the conflict on the future of Syria and its relations with other states and superpowers Public international law

December 2019 228 x 152 mm c.316pp 978-1-108-48780-1 Hardback £85.00 / US$110.00

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A History of Humanitarian Intervention

François Delerue | Institut de Recherche stratégique de l’École militaire

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.

• Provides a comprehensive and systematic analysis of the international law applicable to cyber operations and question of remedies • Highlights the limits of international law and demonstrates that international law does not constitute a panacea that solves all issues related to cyber operations • 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 Public international law | Cambridge Studies in International and Comparative Law, 146

Mark Swatek-Evenstein

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.

• Reconnects the historical events that shaped the idea of ‘humanitarian intervention’ in international law to the evolution of the doctrine • Rediscovers classic positions on ‘humanitarian interventions’ and puts them into context • Provides a new narrative for the evolution of ‘humanitarian intervention’ Public international law

February 2020 228 x 152 mm 350pp 978-1-107-06192-7 Hardback £85.00 / US$110.00

Cyber Operations and International Law

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March 2020 228 x 152 mm c.549pp 978-1-108-49027-6 Hardback £120.00 / US$155.00

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Law Catalogue 2020

AVAILABLE OPEN ACCESS

International Law Reports Volume 185 Edited by Christopher Greenwood | International Court of Justice

Volume 185 is devoted to International Court of Justice 2017 Convention for Suppression Financing Terrorism and Elimination of Racial Discrimination (Ukraine v. Russian Federation), 2019 Norwegian Supreme Court SIA North Star Ltd v. Public Prosecution Authority and the 2018 US Supreme Court Animal Science Products Inc v. Hebei Welcome Pharmaceutical Co Ltd. • Reports on the International Court of Justice’s 2017 Order on Provisional Measures 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) • Contains the 2019 judgment of Norwegian Supreme Court in SIA North Star Ltd v. Public Prosecution Authority • Covers the 2018 judgment of United States Supreme Court in Animal Science Products Inc v. Hebei Welcome Pharmaceutical Co Ltd Public international law | International Law Reports, 185

January 2020 219 x 146 mm c.904pp 978-1-108-49768-8 Hardback £170.00 / US$220.00

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Global Governance and the Emergence of Global Institutions for the 21st Century Augusto Lopez-Claros | Global Governance Forum

All those who despair at the state of the world and its multiple problems will find in this book ambitious but reasonable proposals that will give our globalized world the institutions of international governance necessary to resolve pressing problems including peace, security, and climate change. This title is also available as Open Access.

• Identifies the major weaknesses in the United Nations system and proposes fundamental reforms to address each one • Combines different perspectives and makes them accessible to a generalist readership • Written by authors with many decades of experience with the international system • This title is also available as Open Access UN and international organisations

January 2020 228 x 152 mm c.515pp 5 b/w illus. 11 tables 978-1-108-47696-6 Hardback £110.00 / US$140.00 C

Preferential Services Liberalization

International Judicial Review When Should International Courts Intervene?

Shai Dothan | University of Copenhagen

The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.

• Addresses the problem of when international courts should intervene from multiple perspectives and thoroughly reviews many of the relevant arguments and counter-arguments • Combines original empirical research which has broad normative implications and rational choice theoretical arguments • Applies to international courts’ theories that justify judicial review by national courts, with necessary improvements and adaptations Public international law | Studies on International Courts and Tribunals

January 2020 228 x 152 mm c.170pp 2 tables 978-1-108-48876-1 Hardback £85.00 / US$110.00

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Systemic Earthquake and the Struggle for World Order

The Case of the European Union and Federal States Johanna Jacobsson | IE University, Madrid

The book gives an in-depth analysis of the legal criteria that the World Trade Organization sets for preferential trade agreements in the area of services. It proposes a new methodology to study these agreements and will appeal to those involved in studying and making trade policy.

• Provides a comprehensive analysis of the criteria that WTO law sets for preferential trade agreements in the area of services • Offers a legal treatment of the topic, rather than focusing on economic aspects or on the negotiation of said agreements • Suggests a new methodology to study services liberalization by federal states and entities International economic and trade law, WTO law | Cambridge International Trade and Economic Law

December 2019 228 x 152 mm c.384pp 978-1-108-47616-4 Hardback £95.00 / US$125.00

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Shareholders’ Claims for Reflective Loss in International Investment Law

Exclusive Populism versus Inclusive Democracy Ahmet Davutoğlu | Former Prime Minister of Turkey

Lukas Vanhonnaeker | McGill University, Montréal

Using the analogy of a devastating series of earthquakes, Davutoglu provides a new theoretical approach, conceptualization and methodology for understanding crisis in the post-Cold War era. Written by a former prime minister of Turkey, Systemic Earthquake and the Struggle for World Order gives unique insights into the crises of the present day.

• Informed by the diplomatic and political experiences of an author who served as Chief Advisor to the Prime Minister, and as Foreign Minister and Prime Minister • Introduces the theory of systematic earthquake as a way of understanding the crises affecting the world today • Sets out a vision for the future with recommendations to policy makers, civil society leaders, and informed citizens

This book is aimed at both academic and practitioner audiences. It analyses the policy underpinnings of shareholders’ claims for reflective loss, and will constitute an important tool for attorneys and arbitrators who have to address these types of claims.

• Undertakes an in-depth analysis of shareholders’ claims for reflective loss in international investment law • Provides a critical analysis of the policy underpinnings of shareholders’ claims for reflective loss • Proposes reforms of international investment law and arbitration International economic and trade law, WTO law | Cambridge International Trade and Economic Law

April 2020 228 x 152 mm c.375pp 14 b/w illus.

978-1-108-48943-0 Hardback £95.00 / US$125.00

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UN and international organisations

December 2019 228 x 152 mm c.350pp 978-1-108-48551-7 Hardback £29.99 / US$39.99

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Law Catalogue 2020

Government Intervention in the Reorganisation of Listed Companies in China

International Arbitration Three Salient Problems Second edition Stephen M. Schwebel | International Court of Justice

This second edition combines the historical analysis of the acclaimed first edition with a survey of contemporary practice and case law on three salient problems in international arbitration. For practitioners engaged with these problems before international tribunals, and for academics and students examining their origins and development.

• Addresses a key aspect of cross-border interactions: international arbitration • Provides a thorough historical analysis of three salient problems in international arbitration that persist today • Updates historical analysis with a detailed assessment of recent developments Dispute resolution, mediation and arbitration | Hersch Lauterpacht Memorial Lectures, 24

January 2020 228 x 152 mm 400pp 978-0-521-76802-3 Hardback £95.00 / US$125.00

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Adjudicating Trade and Investment Disputes Convergence or Divergence?

Edited by Szilárd Gáspár-Szilágyi | Universitetet i Oslo

This book focuses on a much-discussed topic in international economic law: whether trade and investment law have gone on separate ways or whether they might be coming together. Using an interdisciplinary approach, the book looks at the narrow topic of convergence and divergence between trade and investment dispute settlement.

• Provides an inter-disciplinary and multi-disciplinary approach to the topic, using doctrinal methods and empirical methods such as network analysis and quantitative analysis • Deals specifically with the narrow issue of convergence and divergence between international trade and investment dispute settlement and provides a detailed analysis of how to conceptualize convergence and divergence in international economic law • Authors from multiple fields, including trade law, investment law, EU law, public international law, practitioners and academics provide indepth analysis of the topic from several angles Dispute resolution, mediation and arbitration | Studies on International Courts and Tribunals

April 2020 228 x 152 mm c.320pp 978-1-108-48740-5 Hardback £85.00 / US$110.00

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The American Influence on International Commercial Arbitration Doctrinal Developments and Discovery Methods Second edition Pedro J. Martinez-Fraga | Bryan Cave, LLP

This book addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration. It will be of use to law students, academics, commentators, judges, arbitral tribunals, and lawyers practicing in the field of international arbitration.

• Studies the doctrinal relationship between the US post-Civil War Reconstruction Era Supreme Court pronouncements and the doctrine of arbitrator immunity • Examines and reexamines the existing evidence gathering rubric forming part of international commercial arbitration at a global level • Analyzes the contributions and negatives that 28 USC §1782 brings to international commercial arbitration Dispute resolution, mediation and arbitration

February 2020 253 x 177 mm 490pp 1 b/w illus.

978-1-107-15152-9 Hardback c. £99.99 / c. US$149.99

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Huimiao Zhao | Beijing University of Chemical Technology

The book contains in-depth theoretical discussion on legislative bankruptcy goals and administrative goals within the theoretical framework of China’s socialist market economy. It also provides a comprehensive overview of the reorganisation of listed companies, including details from actual legal practice.

• Applies a comprehensive empirical method to analyse the exact means and effects of government intervention • Studies the actual bankruptcy practice of listed companies in China to allow readers to understand how bankruptcies of listed companies are conducted in China • Clarifies how China’s socialist market economy influences the bankruptcy practice of listed companies Corporate law, commercial law, company law

December 2019 228 x 152 mm c.300pp 978-1-108-49665-0 Hardback £85.00 / US$110.00

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The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability Edited by Beate Sjåfjell | Universitetet i Oslo

This Handbook will be an essential reference for scholars, students, practitioners, policymakers, and general readers interested in how corporate law and governance have exacerbated our most pressing environmental, social and economic challenges, and how reforms to these fields can help us resolve those challenges and achieve sustainability.

• Presents corporate law, corporate governance, and sustainability as a distinct field and introduces readers to relevant concepts • Provides a comprehensive overview of the state-of-the-art in the field of corporate law, corporate governance and sustainability in jurisdictions around the world • Provides analyses of predominant challenges faced in pursuing corporate sustainability, and current responses to those problems Corporate law, commercial law, company law | Cambridge Law Handbooks

November 2019 253 x 177 mm c.900pp 8 b/w illus. 9 tables 978-1-108-47329-3 Hardback £155.00 / US$200.00 R

Law Catalogue 2020

Same-Sex Parenting and the Best Interests Principle

Core Concepts in Criminal Law and Criminal Justice

Lydia Bracken | University of Limerick

Volume 1: Criminal Law Edited by Kai Ambos | Georg-August-Universität, Göttingen, Germany

This book is written for academics, students, policymakers and practitioners interested in the legal recognition of LGBT+ parenting. It provides readers with a new conceptual framework for the best interests principle and demonstrates how to apply this framework in the areas of parental responsibility, adoption, donor-conception and surrogacy.

• Presents a new conceptual framework for the application of the best interests principle designed to provide broader guidance about what is ‘best’ for children in particular situations • Applies a socio-legal approach to the regulation of LGBT+ parenting and incorporates social science literature into the best interests assessment to consider the ‘best’ legal regulation of various pathways to parenting • Provides a comprehensive examination of the pathways to parenting that may be available to LGBT+ parents and includes examination of the legal regulation of parental responsibility, adoption, donor conception and surrogacy Family law

March 2020 228 x 152 mm c.264pp 978-1-108-49719-0 Hardback £85.00 / US$110.00

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Empire of Law

Scholars of comparative criminal law often do not understand each other, using the same terms with different meanings or vice versa. In this collection, authors from the Germanic and the AngloAmerican traditions collaborate to compare, and explore the connections and similarities between the basic concepts and structures of their systems.

• Compares Anglo-American with German concepts, doctrines, principles and structures • Chapters are conceptual, transparent and explicit as to their methodology and research questions, including factual scenarios to illustrate the concepts being discussed • All contributors are distinguished scholars with international reputations, from a diversity of backgrounds with either a more theoretical/normative or a more empirical focus Criminal law

December 2019 228 x 152 mm c.476pp 1 b/w illus. 1 table 978-1-108-48339-1 Hardback £110.00 / US$140.00 P

Negotiating Transitional Justice Firsthand Lessons from Colombia and Beyond Mark Freeman | Institute for Integrated Transitions, Barcelona

Nazi Germany, Exile Scholars and the Battle for the Future of Europe Kaius Tuori | University of Helsinki

After World War Two, a new form of Europeanism emerged in legal history that gained momentum from European unification. This book explores the emergence of this new narrative as part of the process of exile from totalitarianism and its connection with the reestablishment of the European intellectual and political order.

• Explores the creation of the notion of the shared European legal tradition to help readers understand why and how Europe became such a key concept in law after World War Two • Demonstrates the close relationship between the European legal narrative and the rise of human rights • Brings to light the transatlantic nature of the European legal narrative and the role of German exiles in the UK and the US, showing an appreciation of the British and American contribution to the formation of the European legal tradition European law | Cambridge Studies in European Law and Policy

April 2020 228 x 152 mm c.320pp 978-1-108-48363-6 Hardback £85.00 / US$110.00

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Negotiating peace with justice is notoriously difficult. This book offers an original theory and set of essays on the topic, sharpened by the authors’ first-hand experience of the complex Colombian negotiations with the FARC rebels. Appealing to scholars and practitioners concerned with peace mediation, transitional justice and the Colombian talks.

• Offers a general theoretical framework on the choices and challenges of negotiating transitional justice as part of a larger peace or political settlement • Includes a first-hand account of the way transitional justice was negotiated in the Colombian peace talks with the FARC • Provides a collection of political and philosophical essays on the place of victims and justice in a contemporary negotiation similar to the one in Colombia Criminal law

January 2020 228 x 152 mm 300pp 978-1-107-18756-6 Hardback £79.99 / US$105.00 978-1-316-63815-6 Paperback £26.99 / US$34.99

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Self, Others and the State Relations of Criminal Responsibility Arlie Loughnan | University of Sydney

This book is an original analysis of criminal responsibility, studying developments over the twentieth century within the context of Australian criminal law. Thoroughly researched and written in an accessible style, it will be of interest to scholars and graduate students in criminal law, legal theory and legal history.

• Provides a critical assessment of existing scholarship on criminal responsibility in the Australian criminal law context • Marshalls theoretical and historical material to offer an original analysis of criminal responsibility • Presents a new account of the significance of criminal responsibility to help readers understand its significance in criminal law Criminal law | Law in Context

December 2019 247 x 174 mm c.296pp 978-1-108-49760-2 Hardback £85.00 / US$110.00

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Law Catalogue 2020

TEXTBOOK

Military Necessity

International Humanitarian Law

The Art, Morality and Law of War Nobuo Hayashi | United Nations Interregional Crime and Justice Research Institute

Second edition Emily Crawford | University of Sydney

This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, with relevant cases, examples, and discussion questions. It offers students and teachers a comprehensive and logical discussion and analysis of the law, and the developing trends in theory and practice of the law.

• An up-to-date text featuring the latest research, providing students with access to cutting-edge debates in international humanitarian law • Case studies and other real-life examples are provided, so students can see how the law is applied in practice • Discussion questions supplemented with in-class role play scenarios and workshops offer better learning outcomes through student-led and student-focused learning Contents: Introduction; 1. Historical development of international humanitarian law; 2. The contemporary legal basis of international humanitarian law and its fundamental principles; 3. Types of armed conflict; 4. Individual status in armed conflict: combatants, non-combatants, direct participation in hostilities and prisoners of war, and detention in non-international armed conflicts; 5. Protection of the wounded, sick and shipwrecked; 6. The law of occupation and the protection of civilians; 7. Targeting; 8. Means and methods of warfare; 9. Implementation, enforcement and accountability; 10. Conclusion.

Humanitarian law, law of armed conflict

March 2020 247 x 174 mm c.335pp 8 b/w illus.

978-1-108-72771-6 Paperback c. £39.99 / c. US$55.99

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Reimagining the National Security State Liberalism on the Brink Edited by Karen J. Greenberg | Fordham University, New York

This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights, and the rule of law in the name of the war on terror. This book will appeal to readers who want to understand the changes that have occurred in American government and society since 9/11.

• Provides the first in-depth analysis of the damage to the country’s founding principles caused by the national security state • Brings together a group of distinguished scholars and practitioners to summarize what they understand has taken place in the national security space and how best to think about security and democracy going forward • Addresses terrorism as a philosophical game changer in American discourse Humanitarian law, law of armed conflict

November 2019 228 x 152 mm 260pp 1 b/w illus.

978-1-108-48438-1 Hardback £85.00 / US$110.00 978-1-108-73580-3 Paperback £22.99 / US$29.99

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This book develops a new theory that challenges orthodox thinking on military necessity. Rich in the analysis of real-life examples, conceptual underpinnings and leading cases, its penetrating insights would interest lawyers, military organisations, and philosophers alike who are involved in international humanitarian law and war crimes law.

• Illustrates points with real-life examples from historical and modern operations and offers an exhaustive account of today’s leading cases • Combines methodologies of international law and jurisprudence with those of military history, strategy and ethics, and demonstrates how various disciplines approach the subject and influence one another • Develops a new theory that adds fresh elements and contexts to long-standing debates and enables the reader to follow the arguments critically, formulate their own views, and locate where genuine disagreement emerges Humanitarian law, law of armed conflict

March 2020 228 x 152 mm c.460pp 2 tables 978-1-108-48471-8 Hardback £110.00 / US$140.00

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Law Applicable to Armed Conflict Ziv Bohrer | Bar-Ilan University, Israel

This book provides an in-depth study concerning the law applying to armed conflict. The novel ‘trialogical’ method brings together three diverse expert viewpoints on the subject, reflecting the range of scholarship and practice within the shifting world order that is relevant for academics, students and practitioners of international law.

• Provides an interdisciplinary trialogue of experts on the law applicable to armed conflict • Provides a multi-perspective approach to the topic, thereby bridging the camp mentality often found in academic debates and fostering a more engaged, cross-disciplinary debate • Explicitly focusses on divergence and disagreement of authors and contributes to a richer understanding of the law applicable to armed conflicts Humanitarian law, law of armed conflict | Max Planck Trialogues, 2

February 2020 228 x 152 mm c.260pp 978-1-108-48158-8 Hardback £69.99 / US$89.99 978-1-108-72298-8 Paperback £26.99 / US$34.99

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Law Catalogue 2020

The Biopolitics of Intellectual Property

Patent Cultures Diversity and Harmonization in Historical Perspective Edited by Graeme Gooday | University of Leeds

Regulating Innovation and Personhood in the Information Age Gordon Hull | University of North Carolina, Charlotte

Gordon Hull examines different ways of understanding power in copyright, trademark and patent policy: as law, as promotion of public welfare, and as promotion of neoliberal privatization. This book will be of interest to anyone interested in understanding why the struggle to conceptualize intellectual property matters.

• Proposes a new theory of intellectual property (IP) to offer readers a comprehensive view that integrates diverse developments across IP into one theoretical frame • Advances research into biopower and law • Takes economic arguments seriously without basing the argument on them, which allows readers to see the specificity and role of neoliberal economic arguments in current IP theories

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Mark Burdon | Queensland University of Technology

Providing a foundation for future law reform, Burdon critically examines how information privacy law applies in a world where data about everything is collected. This timely work will appeal to scholars, students, and anyone interested in law and its role in a rapidly changing technological society.

• Multidisciplinary analysis highlights the challenges to information privacy law from the smart home • Unpacks the overtly technical application of information privacy law • Locates theories of privacy in the contemporary context of data analytics and vast stores of personal information Intellectual property | Cambridge Intellectual Property and Information Law, 54

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Drafting Copyright Exceptions From the Law in Books to the Law in Action Emily Hudson | King’s College London

Across Intellectual Property

Investigating fundamental issues in intellectual property (IP) law, this comparative collection brings together leading authors from around the world to provide perspectives across regimes, jurisdictions, and professions. This timely volume will appeal to a wide international audience that includes scholars, practicing lawyers, judges, and graduate students.

• Builds on the long, international cross-referencing in IP law and scholarship • Provides a comparative collection, with contributors from the US, UK, Europe, Asia, Australia, and New Zealand • Looks across the entire, evolving field of IP law to provide new insights on pressing issues Intellectual property | Cambridge Intellectual Property and Information Law, 53

March 2020 229 x 152 mm c.342pp 3 b/w illus.

978-1-108-48515-9 Hardback £85.00 / US$110.00

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Algorithms and Law

Hudson assesses drafting options of copyright exceptions using insights from the standards and rules literature and case studies from cultural institutions. This will appeal to copyright scholars, cultural institution staff, government reform bodies, and academics interested in socio-legal studies, standards and rules analysis, and social norms.

• Describes reported decision-making practices in relation to copyright management, as disclosed in interviews in Australia, Canada, the UK and the US • Contains observations and recommendations in relation to the drafting of exceptions, including reform of sector-specific exceptions, and calls for greater use of ‘flexible drafting’ and fair use • Connects to an existing scholarly debate in relation to the drafting of copyright exceptions, which will be useful for academics, law reform bodies and governments that are considering copyright law reform Intellectual property | Cambridge Intellectual Property and Information Law, 51

January 2020 228 x 152 mm 364pp 978-1-107-04331-2 Hardback £95.00 / US$125.00

Intellectual property | Cambridge Intellectual Property and Information Law, 52

Essays in Honour of Sam Ricketson Edited by Graeme W. Austin | Victoria University of Wellington

Digital Data Collection and Information Privacy Law

March 2020 228 x 152 mm c.300pp 1 b/w illus. 5 tables 978-1-108-41792-1 Hardback £85.00 / US$110.00

Featuring contributors from a dozen countries, this comprehensive volume examines patenting through an interdisciplinary and global perspective.

It reveals the persistent diversity of patent systems despite ongoing globalization projects and will appeal to historians of science and technology, policy experts, intellectual property lawyers, and economists alike.

• Identifies public-directed features of national patent regimes – such as those addressing environmental and public health issues – that are often ignored • Provides the first historical survey of global patents in over sixty years • Challenges the triumphalist historical narrative of international patent harmonization February 2020 228 x 152 mm c.390pp 11 b/w illus. 15 tables 978-1-108-47576-1 Hardback £95.00 / US$125.00 C

Intellectual property

December 2019 228 x 152 mm 230pp 978-1-108-48235-6 Hardback £84.99 / US$110.00 978-1-108-71205-7 Paperback £29.99 / US$39.99

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Edited by Martin Ebers | Humboldt University of Berlin Faculty of Law

This collection is the first to comprehensively examine the implications of artificial intelligence (AI) technology on legal and regulatory systems.

Featuring experts from Europe and the US this book will appeal to scholars of law, economics, and public policy, as well as readers generally interested in emerging legal questions related to algorithms.

• Avoids overly technical computer science explanations • Case studies exposed offer a key resource for lawyers • Addresses both conceptual and practical challenges facing legal systems E-commerce law, internet law

April 2020 228 x 152 mm c.319pp 1 b/w illus. 1 table 978-1-108-42482-0 Hardback £85.00 / US$110.00

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Law Catalogue 2020

Blockchain Democracy

Disability, Health, Law, and Bioethics

Technology, Law and the Rule of the Crowd William Magnuson | Texas A&M Law School

Edited by I. Glenn Cohen | Harvard Law School, Massachusetts

Magnuson provides a captivating account of bitcoin, cryptocurrencies, and blockchain while revealing broader lessons about what happens when technology runs up against the law, markets, and human nature. This book will appeal to anyone interested in understanding how technology is changing our democracy, and how democracy is changing technology.

• Discusses foundational concepts in law, economics, psychology, and game theory, and applies them to internet regulation • Readers will draw lessons that apply to pressing contemporary issues including data privacy, Big Tech, and national security • Provides a comprehensive but accessible treatment of blockchain as a technology E-commerce law, internet law

February 2020 228 x 152 mm c.300pp 1 table 978-1-108-48236-3 Hardback £84.99 / US$110.00 978-1-108-71208-8 Paperback £22.99 / US$29.99

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Selection and Decision in Judicial Process around the World Empirical Inquires Edited by Yun-chien Chang | Academia Sinica, Taipei, Taiwan

This book empirically explores whether and under what conditions the judicial process is efficient.

Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Canada, Germany, Japan, and Taiwan, as well as the European Court of Human Rights.

• Examines law and economics theories empirically, appealing to students of economic theories who are eager to learn the empirical validity of the theories • Examines the behaviour of judges and will be of interest to lawyers, political scientists, and economists who want to know more about judicial behaviours in the civil context • Looks at how litigants and litigators select cases to bring to court in various legal fields from around the world Law and economics

December 2019 228 x 152 mm c.300pp 28 b/w illus. 43 tables 978-1-108-47487-0 Hardback £85.00 / US$110.00 C

Human Germline Genome Modification and the Right to Science A Comparative Study of National Laws and Policies Edited by Andrea Boggio | Bryant University, Rhode Island

This book is an accessible guide to navigate how heritable gene editing is regulated around the world, and how international human rights law can inform the debate on how heritable gene editing should be regulated.

• Serves as a reference manual for those interested in knowing how human germline genome editing is regulated • Proposes a new framework for the development of governance of human germline genome editing • Reframes the debate on germline engineering at a time when a regulatory framework is urgently needed Medical law, health law

January 2020 228 x 152 mm c.654pp 6 b/w illus. 8 tables 978-1-108-49987-3 Hardback £135.00 / US$175.00 C

The ethical framing of disability has concrete impacts on the treatment of individuals with disability – from shaping health care, to influencing policy and law. Experts from diverse fields consider questions such as anti-discrimination law and access to care, making this volume a resource for anyone seeking a more nuanced view of disability.

• Offers policymakers concrete ways to better reshape legal and policy treatments of disability, including the creation of strategies for allocating and accessing health care • Provides an interdisciplinary approach, with diverse perspectives ranging from the clinical to the philosophical • Readers will glean a nuanced understanding of the characterizations of disablement, particularly the notion of ‘mere difference’ Medical law, health law

March 2020 229 x 152 mm c.380pp 978-1-108-48597-5 Hardback £99.99 / US$130.00 978-1-108-72540-8 Paperback £38.99 / US$49.99

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Policing the Womb Invisible Women and the Criminalization of Motherhood Michele Goodwin | University of Minnesota School of Law

This book tells the hidden story of the criminalization of pregnant women, including how doctors reveal women’s confidential medical history to law enforcement and prosecutors, and how states increasingly enact laws that criminalize all manner of conduct during pregnancy.

• Offers a new lens to understand the state’s policing of pregnant women’s bodies • Exposes the laws that undermine women’s civil rights and the rise in these laws that seek to punish women during their pregnancies • Brings to the forefront how racism in healthcare continues to harm women of color, including during pregnancy, and how a focus on the rights of middle-class white women has obscured the more deadly attacks on poor women and their reproductive health Socio-legal studies

February 2020 228 x 152 mm 224pp 1 b/w illus.

978-1-107-03017-6 Hardback £22.99 / US$29.99

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Red Zones Criminal Law and the Territorial Governance of Marginalized People Marie-Eve Sylvestre | University of Ottawa

Examines the court-imposed territorial restrictions and bail and sentencing conditions that are increasingly issued in criminal proceedings. This will interest academics in law, socio-legal studies, urban studies, geography, and criminology and be of use to policy-makers and practitioners working in criminal procedure and court reform.

• Highlights the role of courts and legal actors working in the criminal justice system in the spatial governance of marginalized people in urban public spaces • Proposes an interdisciplinary outlook on punitive strategies used against different groups of individuals who use urban public spaces • Emphasizes the crucial role of space and time in governing marginalized people Socio-legal studies

January 2020 228 x 152 mm 274pp 14 b/w illus. 8 maps 28 tables 978-1-107-18423-7 Hardback £79.99 / US$105.00 P 978-1-316-63541-4 Paperback £24.99 / US$29.99 P

Law Catalogue 2020

Law and Identity in Israel

International Commercial Tax

A Century of Debate Nir Kedar | Bar-Ilan University, Israel

Second edition Peter Harris | University of Cambridge

This book analyzes the efforts to forge a progressive and ‘authentic’ Israeli law that would express Jewish identity, and in the process tackles the complex meaning of Judaism: as a religion, culture and nationality. It examines the challenges of transplanting Judaism in the laws of a modern state.

• Examines the attempts to forge an original and authentic Israeli law that embodies and expresses Israeli-Jewish identity • Discusses the ways Israeli jurists have found to express Israeli-Jewish identity • Investigates the Zionist and Israeli meta-cultural debate

Fully updated, this evaluation of the international tax order considers the outcomes of the Organisation for Economic Co-operation and Development (OECD)’s base erosion and profit sharing (BEPS) project and the consequential revisions of the OECD and United Nation Model tax treaties. Illustrated with practical examples, this book will challenge postgraduate students, practitioners, and academics to think more deeply about tax issues.

• Practical examples illustrate law in action • Comments on recent developments, including those prompted by globalization, electronic commerce, and sustainable development • Offers proposals for the future development of the international tax system

Socio-legal studies | Cambridge Studies in Law and Judaism

November 2019 228 x 152 mm 236pp 978-1-108-48435-0 Hardback £85.00 / US$110.00

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Taxation | Cambridge Tax Law Series

April 2020 228 x 152 mm c.520pp 2 b/w illus.

978-1-108-47781-9 Hardback £110.00 / US$140.00

Everyday Justice Law, Ethnography, Injustice Edited by Sandra Brunnegger | University of Cambridge

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Contemporary Australian Tort Law

Everyday Justice destabilizes any essentializing construal of the idea of justice by opening up new approaches to the concept of justice. This timely volume provides rich ethnographic material and locates the question of justice within the texture of specific and particular everyday social relations, places, and times.

• Provides both ethnographic material and theoretical reflections on justice • Opens up new approaches for conceptualizing justice, thereby advancing our understanding of key social and political concepts • Offers perspectives on, and compelling cross-cultural insights into, law, politics, social justice, and activism

Contemporary Australian Tort Law is an engaging, accessible and student-friendly introduction to the law of torts in Australia. This unique text covers the foundational topics of tort law in a logical structure.

• Includes a clear overview of different torts and key legal principles • Principles text with a good range of cases with commentary in the text, hyperlinked to cases and legislation in the ebook • Presents a print and eBook combination with a multitude of supporting pedagogy for practical skills development

Socio-legal studies | Cambridge Studies in Law and Society

Tort law

December 2019 228 x 152 mm c.224pp 978-1-108-48721-4 Hardback £85.00 / US$110.00

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Tax and Culture

Joanna Kyriakakis | Monash University, Victoria

December 2019 247 x 174 mm 666pp 978-1-108-62625-5 Papaerback with Online Resource £89.99 / US$140.00 X

Maimonides and Contemporary Tort Theory

Convergence, Divergence, and the Future of Tax Law Michael A. Livingston | Rutgers University School of Law

This book applies the insights of anthropology, sociology, and other social sciences to tax law, where they are frequently ignored. This first cultural study of taxation in an international context will be of interest to scholars, students, and practitioners interested in tax systems and policy.

• Provides a more sophisticated understanding of contemporary tax issues by applying the insights of a variety of social sciences • Discusses societies usually ignored by tax scholars, including China, India, and other non-Western societies • Connects tax law with research in other comparative law subjects to make tax law less isolated and more interesting to non-specialists Taxation

March 2020 228 x 152 mm 154pp 978-1-107-13684-7 Hardback £85.00 / US$110.00

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Law, Religion, Economics, and Morality Yuval Sinai | Orot Israel College

The book presents, for the first time, Maimonides’ complete tort theory, and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new, this book offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues.

• Establishes rational, systematic legal theory that allows for a full presentation and overview of Maimonides’ comprehensive conception of tort law • Provides a new perspective on the understanding of Jewish legal and philosophical tradition • Suggests that Maimonides’ approach also holds some lessons for contemporary tort theories Tort law | Cambridge Studies in Law and Judaism

January 2020 228 x 152 mm 400pp 6 b/w illus.

978-1-107-17929-5 Hardback £95.00 / US$125.00

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Law Catalogue 2020

NEW IN PAPERBACK

TEXTBOOK

Pierson v. Post, The Hunt for the Fox

Australian Intellectual Property Law

Law and Professionalization in American Legal Culture Angela Fernandez | University of Toronto

Fourth edition Mark J. Davison | Monash University, Victoria

Offers new understandings of the famous foxhunting case, Pierson v. Post, and its role in legal education and legal professionalization. This book is meant for legal historians, lawyers, and law professors and students.

• Challenges the view that the law of capture is best and seeks to restore to the case features which have been edited out of its reproduction in law school casebooks • Uses the methods of social history, intellectual history, and law as literary text, appealing to historians immersed in a range of methodological approaches • Begins with an excavation of the details surrounding the case, correcting factual errors, and drawing on the author’s discovery of the original judgment roll Property law | Cambridge Historical Studies in American Law and Society

November 2019 229 x 152 mm 393pp 978-1-108-79070-3 Paperback £22.99 / US$29.99 Also available 978-1-107-03928-5 Hardback £95.00 / US$125.00

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Modernising Legal Education Edited by Catrina Denvir | Monash University, Victoria

Providing diverse perspectives on the skills needed by future lawyers, this collection is a key resource for law students, teachers, regulators, and practitioners. Its insightful examination of educational innovations and learning technologies will also appeal to anyone interested in pedagogy, legal technology, design-thinking, and experiential learning.

• Informs curriculum development for legal educators by drawing on new ways of teaching with technology • Provides cutting edge, practical examples of innovations in legal technology • The authors explore how their educational innovations were designed, developed and deployed Legal skills and practice

February 2020 229 x 152 mm c.280pp 16 b/w illus. 4 tables 978-1-108-47575-4 Hardback £85.00 / US$110.00 C

Fiduciaries and Trust Ethics, Politics, Economics and Law Edited by Paul B. Miller | University of Notre Dame, Indiana

This book explores the interactions of fiduciary law and trust, drawing on insights into personal and political trust from various disciplines. It explores the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly.

• Explores the fiduciary principle and trust from a range of disciplines and perspectives • Offers insights from discipline experts at the very top of their field, and also gives a sense of the scholarship to come • The collection explores a range of legal settings, from international law, to public law, to private law Private law

April 2020 247 x 174 mm c.352pp 3 b/w illus. 1 table 978-1-108-48042-0 Hardback £95.00 / US$125.00

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The fourth edition of this book provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia.

Written by highly-respected intellectual property law researchers, this text is an invaluable resource for students, academics and other professionals working with intellectual property.

• Offers coverage, structure and clarity of exposition with clear and concise language • Strikes the right balance in terms of breadth of material covered and the depth in which it is explored • Written by highly respected researchers in the field Contents: Part I. Introduction: 1. Introduction; Part II. Copyright, Designs and Related Rights: 2. Copyright: introduction; 3. Copyright: subsistence; 4. Copyright: authorship, first ownership, and nature and duration of rights; 5. Copyright: exploitation, infringement and defences; 6. Areas related to copyright: moral rights, performers’ rights, artist’s resale rights, and other related rights; 7. Designs; Part III: Patents: 8. Equitable doctrines of breach of confidence; 9. Patents for inventions: introduction; 10. Patents for inventions: validity; 11. Patents for inventions: allocation of rights and ownership, the Register and dealings; 12. Patents for inventions: exploitation, infringement and revocation; 13. Plant breeder’s rights; Part IV. Trade Marks: 14. Passing off; 15. Registered trade marks; 16. Exploitation of registered trade marks; Part V. Enforcement Of Rights: 17. Remedies and miscellaneous issues.

Jurisprudence, legal theory

July 2020 247 x 174 mm c.640pp 978-1-108-74695-3 Paperback £89.99 / US$120.00

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TEXTBOOK

Australian Constitutional Law Concepts and Cases Luke Beck | Monash University, Victoria

A highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics and is invaluable for students engaging with Australian constitutional law.

• The book’s conceptual approach enables students to better understand constitutional law • Avoids ‘silo-ing’ content by ensuring that connections between topics are made explicit • Useful for ‘flipped classroom’ modes that spend more time in seminars than lectures, enabling greater focus on activities that require higher level application and analytical skills Contents: Part I. Introduction: 1. Introduction to Australian constitutional law; Part II. Legislative Powers: 2. State legislative powers; 3. Constitutional method: interpretation, characterisation and invalidity; 4. Trade and commerce power; 5. Corporations power; 6. External affairs power; 7. Immigration and aliens powers; 8. Constitutional alteration and the race power; Part III. Limitations on Powers: 9. Acquisition of property on just terms; 10. Freedom of religion; 11. Implied freedom of political communication; 12. Freedom of interstate trade, commerce and intercourse; Part IV. The Federal Parliament: 13. The Federal Parliament; 14. Choosing members of Federal Parliament; Part V. The Courts and Judicial Power: 15. Separation of judicial power; 16. The scope of federal judicial power; 17. Non-judicial detention; 18. Institutional integrity of courts; Part VI. The

Law Catalogue 2020

Federal Executive: 19. Federal executive power; 20. Power to spend money; Part VII. Federalism: 21. Inconsistency between federal and state laws; 22. Intergovernmental immunities; 23. Rights of out of state residents.

Constitutional and administrative law, public law

January 2020 247 x 174 mm 654pp 978-1-108-70103-7 Paperback £99.99 / US$150.00

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Post-Liberal Religious Liberty Forming Communities of Charity Joel Harrison | University of Sydney

Why should we care about religious liberty? This book weaves together an answer from law, politics, and theology. It is for legal theorists debating this question and analysing religious liberty jurisprudence, political actors exploring our ‘post-liberal’ moment, and those wondering how Christian thought can shape law’s relationship to religion.

• Offers a strong challenge to dominant strands of argument (liberal egalitarian) in contemporary religious liberty discourse • Develops an inter-disciplinary account of the foundations of religious liberty, drawing from law, theology, and political reflection • Introduces and draws from post-liberal theological thought, translating this for a wider audience and placing it within the applied context of religious liberty Constitutional and administrative law, public law

July 2020 228 x 152 mm c.278pp 978-1-108-83650-0 Hardback £75.00 / US$99.99

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Local Citizenship in a Global Age Kenneth A. Stahl | Chapman University Dale E. Fowler School of Law

Synthesizing several areas of law and theory, Stahl argues that localities are critical sites of citizenship. This unique perspective on current political dynamics will appeal to experts in immigration and local government, and anyone interested in how globalization and the rise of cities have spurred the re-emergence of nationalist demagogues.

• Challenges the conventional view that citizenship exists solely at the national scale • Connects several areas of law including election law, campaign finance and zoning, along with social science fields such as geography and political science • Provides a unique perspective on current political events, especially the return of ethnic nationalism Constitutional and administrative law, public law

June 2020 228 x 152 mm 300pp 1 b/w illus. 2 tables 978-1-107-15646-3 Hardback £69.99 / US$89.99

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Our Democratic First Amendment Ashutosh Bhagwat | University of California at Davis School of Law

Readers interested in constitutional history, law, and politics will enjoy this engaging examination of the origins of the First Amendment and its relationship to democracy. Illuminating lessons from the conflicts of the Framing era, Bhagwat provides a deeper context for understanding contemporary politics in the age of social media.

• Discusses how new technology has influenced the exercise of rights that were first articulated over 200 years ago • Introduces legal and historical concepts in a thorough, yet accessible manner that will appeal to general readers, undergraduate students, and graduate students alike • Offers historical perspective on recent disputes surrounding issues such as hate speech and campus protests

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US Supreme Court Doctrine in the State High Courts Michael P. Fix | Georgia State University

Presenting a new theoretical perspective, Fix and Kassow show how law and politics shape state high court use of Supreme Court precedent. This book approaches this complex topic in an accessible way that will appeal to anyone interested in law and politics or traditional approaches to legal decision-making.

• Provides an in-depth examination of judicial federalism and state high courts • Offers extensive historical and doctrinal context, along with thorough empirical analyses • Combines insights from political science and law to provide a more accurate picture of the US Supreme Court-state high court relationship US law

August 2020 228 x 152 mm c.220pp 6 b/w illus. 4 maps 6 tables 978-1-108-83563-3 Hardback c. £90.00 / c. US$110.00 P 978-1-108-81297-9 Paperback c. £29.99 / c. US$34.99 P

A Third Way Decolonizing the Laws of Indigenous Cultural Protection Hillary M. Hoffmann | Vermont Law School

A Third Way details the history, context, and future of ongoing legal fights to protect indigenous cultures. Elucidating key laws that tribes and allies can use to protect sacred lands and waters, this book is for scholars, practitioners, tribes, and general readers seeking to advance cultural protection.

• Makes federal, state, and tribal cultural resource protection laws easy to understand by separating them into individual chapters and illustrating how they affect specific tribes • Examines the major tribal cultural protection efforts of the 2000s, such as Dakota Access Pipeline protests and the creation of the Bears Ears National Monument • Allows readers to gain a foundation in federal Indian law US law

July 2020 228 x 152 mm c.280pp 6 b/w illus.

978-1-108-48277-6 Hardback £85.00 / US$110.00 978-1-108-71092-3 Paperback £26.99 / US$34.99

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Judicial Selection in the States Politics and the Struggle for Reform Herbert M. Kritzer | University of Minnesota School of Law

What drives the process of how states select and retain judges? Using twenty-two detailed case studies, Kritzer examines how the competing goals of legal professionalism and politics influence decisions on choosing state court judges. This book will appeal to anyone interested in judicial and state politics, public policy, and law.

• Covers all major changes in and efforts to change the judicial selection process between 1980 and 2018 • Provides in-depth examinations of individual states while placing the events of the focus period into broader historical context • Analyzes democratic and legal subcultures US law

April 2020 229 x 152 mm c.350pp 2 b/w illus. 7 tables 978-1-108-49633-9 Hardback £95.00 / US$125.00 978-1-108-79196-0 Paperback £29.99 / US$39.99

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US law

June 2020 228 x 152 mm c.200pp 978-1-108-48480-0 Hardback £74.99 / US$99.99 978-1-108-72367-1 Paperback £22.99 / US$29.99

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Law Catalogue 2020

Feminist Judgments: Family Law Opinions Rewritten

Roma Rights and Civil Rights A Transatlantic Comparison Felix B. Chang | University of Cincinnati College of Law

Edited by Rachel Rebouché | Temple University, Philadelphia

Law school professors and students will use this book to supplement courses in family law and feminist legal theory. Diverse scholars and researchers – interested in the intersections of family law and disciplines such as asylum law, civil procedure, surrogacy, trans identity, and others – will read this book.

• Presents an in-depth look at family law topics across a range of issues • Covers the intersection of family law and other legal fields, such as immigration, civil procedure, and religion • Includes cutting edge topics that are practical and of contemporary relevance for readers, such as trans rights, asylum law, and surrogacy US law | Feminist Judgment Series: Rewritten Judicial Opinions

June 2020 228 x 152 mm c.400pp 978-1-108-47170-1 Hardback c. £95.00 / c. US$125.00 978-1-108-45833-7 Paperback c. £25.99 / c. US$39.99

The first book-length comparison of Roma and African Americans, this work will appeal to scholars of civil rights, comparative law, European studies, Romani studies, and cultural studies. Its interdisciplinary approach and engagement with central questions in rights movements also make this book a valuable resource for policymakers and activists.

• Shows the limits of civil rights, strategic litigation, and government mandates • Makes the case for comparative minority studies while fostering ties among cutting-edge scholarship from a variety of disciplines • Engages with the key question of whether legal change anticipates or follows cultural change Human rights

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March 2020 229 x 152 mm 300pp 978-1-107-15836-8 Hardback £89.99 / US$115.00 978-1-316-61090-9 Paperback £29.99 / US$39.99

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TEXTBOOK

International Human Rights Law and Practice

Realizing Reparative Justice for International Crimes

Third edition Ilias Bantekas | Hamad bin Khalifa University

A human rights textbook that combines law with practice and several other disciplines, including international relations, economics and anthropology, accurately demonstrating whether and how law meets the practice of human rights.

Suitable for lawyers and anyone interested in learning about human rights, irrespective of background.

• Fully revised and updated, including a new chapter on the recognition and protection of the rights of vulnerable groups and persons • Features new sections on topics including the Arab Human Rights System, Cultural Rights and Sustainable Development • Takes an innovative approach, mixing academic rigour and practical emphasis, leading students to a full understanding of the law • New integrated interviews with human rights professionals and practitioners give the subject immediacy and relevance Contents: 1. International human rights law and notions of human rights: foundations, achievements and challenges; 2. International human rights law: the normative framework; 3. Human rights in practice; 4. The United Nations charter system; 5. The UN human rights treaty system; 6. Regional human rights treaty system; 7. Individual complaints procedures; 8. Civil and political rights; 9. Economic, social and cultural rights; 10. Group rights: self-determinations, minorities and indigenous peoples; 11. The human rights of women; 12. Children’s rights; 13. The recognition and protection of the human rights of vulnerable groups and persons; 14. The right to development and sustainable development; 15. Victim’s rights and reparation; 16. The application of human rights in armed conflict; 17. Human rights and international criminal justice; 18. Human rights and counter-terrorism; 19. Human rights obligations of non-state actors; 20. Globalisation and its impact on human rights.

Human rights

April 2020 247 x 174 mm c.920pp 1 table 978-1-108-71175-3 Paperback £37.99 / US$52.99

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From Theory to Practice Miriam Cohen | Université de Montréal

This book discusses reparations for international crimes through the lens of systems operating at the national and international levels. It provides a timely perspective on the emerging practice of reparative justice and analysis of the recent jurisprudence at the ICC and beyond that will be of interest to scholars, practitioners and students.

• Explores reparations for victims of international crimes, not only as it applies to the International Criminal Court but also to other national and international fora • Examines reparations in a holistic manner, showing its historical and conceptual backgrounds • Contrasts different systems and draws some lessons from international human rights jurisprudence and related fields • Carefully analyses submissions of the parties and ICC court decisions, going beyond a theoretical analysis of reparations in the field of international criminal law to offer recommendations for development Human rights

June 2020 228 x 152 mm c.250pp 978-1-108-47268-5 Hardback £85.00 / US$110.00

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Law Catalogue 2020

Regional Courts, Domestic Politics, and the Struggle for Human Rights

A Commentary on the International Covenant on Civil and Political Rights

Jillienne Haglund | University of Kentucky

The UN Human Rights Committee’s Monitoring of ICCPR Rights Paul M. Taylor | Australian National University, Canberra

A timely, accessible examination of regional human rights court deterrence that combines data analysis with illustrative examples. It will appeal to a broad and diverse group of scholars and students of human rights, international law, and international relations, as well as human rights activists and practitioners.

• Develops an overarching theory that explains the role of various domestic actors in regional court deterrence and carefully lays out the logic of the argument • Applies theories of deterrence to regional human rights courts, allowing for an inter-disciplinary approach, bringing together scholarship in human rights, international relations, international law, and criminology • Provides examples of regional court judgments to illustrate the theoretical argument and demonstrate application of the theory in practice Human rights

July 2020 228 x 152 mm c.341pp 31 b/w illus. 4 maps 50 tables 978-1-108-48930-0 Hardback £85.00 / US$110.00 C

Human rights

June 2020 253 x 177 mm c.780pp 978-1-108-49885-2 Hardback £200.00 / US$260.00

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Refugees as Providers of Protection and Assistance Kate Pincock | University of Oxford

The Effectiveness of Civil Justice in European Human Rights Jurisprudence Andrej Auersperger Matić | European Parliament, Belgium

The book is intended for academics, students, and practitioners of European and human rights law interested in a critical assessment of European legal doctrine. Human rights advocates in particular will find the non-theoretical approach to fair trial principles valuable.

• Includes both a comprehensive definition of effectiveness as a legal concept and associated European human rights law • Analyses European Court of Human Rights case law from a pragmatic and empirical perspective allowing the reader to understand the distinction between rights and policy as often superficial and judging as a complex practice • Critically examines the work of the European Court of Human Rights helping the reader to review the work of European courts with a more critical eye and understand its problems Human rights

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This book examines the role of refugees as providers of assistance to other refugees. Drawing upon ideas from anthropology and international relations, it offers an alternative vision for more participatory global governance, of relevance to other policy-fields including development, humanitarianism, health, peacekeeping, and child protection.

• In-depth case studies based on fieldwork in refugee camps and cities in Africa • Clear policy recommendations on creating more participatory forms of global governance • Provides insights into other areas of global governance characterised by provider/beneficiary relationships such as humanitarianism, development, health, child protection, and peacekeeping Human rights | Cambridge Asylum and Migration Studies

March 2020 247 x 174 mm 164pp 9 b/w illus. 2 tables 978-1-108-49494-6 Hardback £89.99 / US$115.00 978-1-108-81670-0 Paperback £29.99 / US$39.99

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States of Justice The Politics of the International Criminal Court Oumar Ba | Morehouse College, Atlanta

Women’s Rights in Armed Conflict under International Law Catherine O’Rourke | University of Ulster

This book will act as a useful overview of key regimes of international law and their regulation of women’s rights in conflict to postgraduate students and will provide important new findings and analysis of fragmentation in the protection of women’s rights under international law to researchers and scholars.

• Counters siloed analysis by looking at across various key regimes • Looks at interactions in order to take a dynamic approach in examining institutions • Explores case studies to reveal what fragmentation in law means in practice for the regulation of women’s rights in conflict Human rights

June 2020 228 x 152 mm c.250pp 5 tables 978-1-108-47430-6 Hardback £85.00 / US$110.00

An essential reference work for any international human rights law academic, student or practitioner, spanning all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), with special emphasis on the scope of rights, their terms of limitations or qualification, and the requirements for implementation in domestic law.

• Renders accessible in thematic form more than forty years of the UN Human Rights Committee’s concluding observations, views and general comments, as well as related materials • Conveys the Committee’s expectations for domestic implementation • Informs the reader, even with minimal technical understanding, of the nature and reach of each International Covenant on Civil and Political Rights (ICCPR) right, and its intended purpose, as enjoyed individually, collectively and within a democratic society

The Global Governed?

Just Words

May 2020 228 x 152 mm c.310pp 978-1-108-47977-6 Hardback £85.00 / US$110.00

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This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics. It is an asset for students in International Relations Theory, International Law, Human Rights, International Organization, and African Politics.

• Theorizes how states strategically use the ICC in pursuit of their interests and highlights the agency of African states in their relationship with the Court • Argues that the international justice system is one that caters primarily to the needs and interests of states • Written in a clear, concise, and accessible language and uses multidisciplinary insights at the intersection of international relations, international law, and African politics Public international law

June 2020 228 x 152 mm c.240pp 3 tables 978-1-108-48877-8 Hardback £85.00 / US$110.00

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Law Catalogue 2020

The International Criminal Responsibility of War’s Funders and Profiteers

State Responsibility in the International Legal Order A Critical Appraisal Katja Creutz | Finnish Institute of International Affairs

State responsibility in international law provides for the legal consequences following breaches of international law. This book opens the topic for critical discussion for international lawyers and readers who take a broad interest in international responsibility, including international criminal law and international liability.

• Provides a comprehensive and critical analysis of the general law of State responsibility, one of the cornerstones of international law • Takes a broad perspective to responsibility in international law by exploring State responsibility on its own merits, as well as against the background of alternative forms of responsibility • Introduces a functional analysis of State responsibility stressing the importance of practical utility next to normative significance Public international law

June 2020 228 x 152 mm c.384pp 978-1-108-49429-8 Hardback £95.00 / US$125.00

Edited by Nina H B Jørgensen | University of Southampton

This book will be of interest to academics focusing on international criminal justice, legal practitioners, non-governmental organisations concerned with ‘business and human rights’, postgraduate students doing research in international humanitarian law and undergraduates studying international law subjects.

• Analyses a developing area and will appeal to scholars and practitioners seeking a one-stop guide to a broad topic • Features contributions from both academics and practitioners and is intended to guide practice by including chapters by those with a wealth of experience of the practical context and challenges • Aims to bring together discrete areas of study, demonstrating the connections between themes Public international law

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State Renaissance for Peace Transitional Governance under International Law Emmanuel H. D. De Groof

This book comprehensively addresses the contemporary phenomenon of transitional governance under international law. Examining its development as an international project with aims of ending conflict or crisis through a regime reconfiguration, it unveils the limits to the powers of domestic and international actors influencing a state apparatus.

• Develops a nuanced argumentative toolbox to think about transitional governance and indirect regime change • Unveils how a growing number of actors are engaged with transitional governance and allows the community of states to have informed discussions on how international efforts in the field of transitional governance could be coordinated • Disaggregates a complex contemporary phenomenon and provides a legal argumentarium enabling diplomats, lawyers and judges to apply legal benchmarks to the complex phenomenon of transitional governance Public international law

March 2020 228 x 152 mm c.392pp 1 b/w illus. 13 tables 978-1-108-49976-7 Hardback £95.00 / US$125.00 C

August 2020 228 x 152 mm c.500pp 978-1-108-48361-2 Hardback £110.00 / US$140.00

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Transnational Solidarity Concept, Challenges and Opportunities Edited by Helle Krunke | University of Copenhagen

This interdisciplinary book is aimed at scholars and practitioners with an interest in transnational solidarity and what unifies Europe and the World. The book will be especially useful for people interested in EU integration and globalization and their related challenges and opportunities.

• Takes an interdisciplinary approach to the study of transnational solidarity, combining legal, political, sociological, psychological, philosophical and historical approaches and providing a richer understanding of transnational solidarity • Analyses understandings of transnational solidarity, contributing to the development of a language, concepts, and different expressions of the term • Analyses the topical subject of transnational solidarity from a global perspective Public international law

July 2020 228 x 152 mm c.438pp 12 b/w illus. 2 tables 978-1-108-48736-8 Hardback £95.00 / US$125.00

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Unilateral Remedies to Cyber Operations Self-Defence, Countermeasures, Necessity, and the Question of Attribution Henning Lahmann | Digital Society Institute, ESMT Berlin

Addressing both scholars of international law and political science as well as decision makers involved in cybersecurity policy, the book tackles the most important and intricate legal issues that States face when considering a reaction to a malicious cyber operation conducted by an adversarial State.

• Addresses the attribution problem in cyberspace from a legal perspective with a comprehensive, novel scope. This study closes a gap for both legal and political science scholarship, as well as policymakers, enabling them to make sense of the attribution problem • Focuses on unilateral remedies to cyber operations in order to tackle the legal questions most pressing for States • Instead of abstract analysis, the book bases its examination on realworld examples and concludes with a concrete proposal for future regulation of State conduct in cyberspace, providing useful insights for both academic and political spheres Public international law

March 2020 228 x 152 mm c.329pp 978-1-108-47986-8 Hardback £85.00 / US$110.00

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Law Catalogue 2020

The Dawn of a Discipline

An Introduction to the International Criminal Court

International Criminal Justice and Its Early Exponents Edited by Frédéric Mégret | McGill University, Montréal

There are many books on the history of international criminal justice but most focus on major historical institutional developments. This book explores international criminal justice as it emerged particularly in the inter-war period at the intersection of a variety of intellectual projects that are often neglected today.

• Provides an in-depth study of leading figures in the early international criminal justice project and helps rediscover and understand who these individuals were • Historicizes the international criminal justice project and contextualizes international criminal justice in an earlier intellectual ferment • Addresses the diversity of ideas about international criminal justice and questions the hegemonic (white) male narrative of the intellectual history of international criminal justice Public international law

August 2020 228 x 152 mm c.520pp 15 b/w illus.

978-1-108-48818-1 Hardback c. £120.00 / c. US$140.00

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Election Interference International Law and the Future of Democracy Jens David Ohlin | Cornell Law School

Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation. An essential guide for anyone interested in protecting election integrity, this book explains why ‘information operations’ violate international law, how the US can dilute their effectiveness, and how soliciting foreign interference should be punished.

• Provides one of the only full-length studies of foreign election interference • Outlines what states can do to combat election interference and protect the integrity of the democratic process • Presents a novel theory that focuses on the collective right of selfdetermination • Explains why soliciting election interference is an impeachment offense Public international law

July 2020 228 x 152 mm c.280pp 978-1-108-49465-6 Hardback £74.99 / US$99.99 978-1-108-79682-8 Paperback £22.99 / US$29.99

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Adapting International Criminal Justice in Southeast Asia Beyond the International Criminal Court Emma Palmer | Griffith University, Queensland

States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. This book examines engagement with international criminal justice in Cambodia, the Philippines, Indonesia, and Myanmar and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court.

• Provides an overview and analysis of the laws and institutions for prosecuting international crimes within Southeast Asia • Identifies themes associated with the experiences of states within Southeast Asia of international crimes trials since World War II, including during the Rome Statute negotiations and beyond • Provides an example of interdisciplinary international law scholarship by applying and critiquing international relations theories

Sixth edition William A. Schabas | Middlesex University, London

This is the authoritative introduction to the International Criminal Court, fully up-to-date. It is written by one of the major authorities on the subject, in language that is accessible to non-specialists.

• Succinct but authoritative introduction to the law and practice of the International Criminal Court • Accessible to non-specialists • 6th edition up to date as of May 2019 Public international law

April 2020 228 x 152 mm c.615pp 978-1-108-72736-5 Paperback £37.99 / US$49.99

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The Syrian Conflict’s Impact on International Law Michael P. Scharf | Case Western Reserve University, Ohio

This book analyses changes in International Law caused by the Syrian conflict, including in the law of self-defense, humanitarian intervention, universal jurisdiction, treatment of refugees, and peace negotiations. A broad audience of scholars, students, and practitioners will appreciate this volume.

• Provides an in-depth analysis of the Syrian conflict and its impact on international law • Offers more specific examples of changes in international law for a detailed understanding of various changes within subfields of international law caused by the Syrian conflict • Analyzes the theory of Grotian Moments to see how specific world events such as the Syrian conflict may produce an accelerated formation of customary norms of international law Public international law

March 2020 229 x 152 mm c.250pp 978-1-108-49153-2 Hardback £85.00 / US$110.00 978-1-108-79844-0 Paperback £24.99 / US$32.99

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Space and Fates of International Law Between Leibniz and Hobbes Ekaterina Yahyaoui Krivenko | National University of Ireland, Galway

It offers the first analysis of the influence of the concept of space on the emergence and operation of international law. This book adds to the resources on early modern history of international law relevant for any scholar working in international law or international relations.

• Introduces the concept of space as a central explanatory feature of the shape and structure of international law, showing how the distinct concept influenced international law • Fills a gap in the early modern history of international law and includes analysis of works of two major early modern thinkers – Leibniz and Hobbes – on issues related to the development of international law • Offers novel insights into spatial justice and international law focusing on the concept of space, not derivative spatial concepts, and suggests a new framework for dealing with spatial justice in international law Public international law | ASIL Studies in International Legal Theory

June 2020 228 x 152 mm c.216pp 978-1-108-48875-4 Hardback £85.00 / US$110.00

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Public international law

April 2020 228 x 152 mm c.250pp 4 tables 978-1-108-48397-1 Hardback £85.00 / US$110.00

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Law Catalogue 2020

Treaties in Motion

Complementarity, Catalysts, Compliance

The Evolution of Treaties from Formation to Termination Malgosia Fitzmaurice | Queen Mary University of London

The International Criminal Court in Uganda, Kenya, and the Democratic Republic of Congo Christian M. De Vos | Open Society Justice Initiative, New York

An innovative, inter-disciplinary examination of how the International Criminal Court came to be framed as a ‘catalyst’ for domestic accountability, and its unexpected effects in Uganda, Kenya, and the Democratic Republic of Congo. The book urges a critical rethinking of the ICC’s politics and offers concrete recommendations for future practice.

• Examines how International Criminal Court (ICC) interventions have evolved over time and their effects on the pursuit of domestic criminal accountability • Urges a critical rethinking of the ICC’s politics and offers concrete recommendations for future practice • Illustrates tensions between the legal and policy dimensions of complementarity, and how the ICC has struggled to reconcile them in practice • Draws on constructivist theory and contemporary debates in international law and relations to theorize the evolution of complementarity Public international law | Cambridge Studies in International and Comparative Law, 147

April 2020 228 x 152 mm c.432pp 978-1-108-47248-7 Hardback £95.00 / US$125.00

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Humanitarian Disarmament An Historical Enquiry Treasa Dunworth | University of Auckland

Humanitarian disarmament is widely understood as a post-Cold War phenomenon, typified by the Anti-Personnel Landmines Convention; the Convention on Cluster Munitions; and the Treaty on the Prohibition of Nuclear Weapons. This book challenges that understanding, arguing that it neglects a complex history of humanitarian sensibilities in disarmament.

• Provides a thorough and systematic account of how humanitarian disarmament has evolved over a 150 year period from 1868–2017 • Provides a detailed assessment of three contemporary disarmament regimes: anti-personnel landmines; cluster munitions; and nuclear weapons • Draws on inter-disciplinary work to show some difficulties in relying on a humanitarian discourse to advance disarmament efforts

The book examines law of treaties from the angle of different types of motion, and offers a combination of theoretical analysis supplemented with practical examples and empirical data. It covers all possible stages in the ‘life-cycle’ of a treaty, from its genesis to its eventual destruction.

• Tackles law of treaties from the angle of motion, enabling the reader to comprehend the evolution of the regime of treaty law, through State practice and international case-law • Supplements theory with up-to-date examples taken from recent case-law and State practice, making the theory accessible to readers by connecting theory with practical examples and shows how one influences the other • Shows the interconnectedness between different stages in the ‘life-cycle’ of a treaty and with other areas of law, demonstrating the complexity of law of treaty issues Public international law | Cambridge Studies in International and Comparative Law, 149

July 2020 228 x 152 mm c.402pp 7 b/w illus. 8 tables 978-1-108-49588-2 Hardback £95.00 / US$125.00

International Law Reports Volume 186 Edited by Christopher Greenwood | International Court of Justice

Volume 186 is devoted to the Frontier Dispute (Burkina Faso/Niger), APDH v. Côte d’Ivoire, Umuhoza v. Rwanda, Anchugov v. Russia, Re Execution of the Judgment in Anchugov, Avotiņš v. Latvia, BAC v. Greece, Fontevecchia v.

Argentina, Fontevecchia Case, ‘Rohingya Case’, Ezokola v. Canada, B010 v. Canada, Google v.

Equustek Solutions • Judgment of Russian Federation Constitutional Court in Judgment No 12-P/2016 and related judgment of European Court of Human Rights in Anchugov • Judgments of Argentinian Supreme Court and Inter-American Court of Human Rights in Fontevecchia Case • 2019 judgment of United Kingdom Supreme Court in Re Application by Finucane for Judicial Review Public international law | International Law Reports

Public international law | Cambridge Studies in International and Comparative Law, 148

March 2020 219 x 146 mm c.667pp 978-1-108-49770-1 Hardback £170.00 / US$220.00

June 2020 228 x 152 mm c.290pp 978-1-108-47392-7 Hardback £85.00 / US$110.00

International Law Reports

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Volume 188 Edited by Christopher Greenwood

Volume 188 is devoted to the Nicaragua v.

Colombia, The Arctic Sunrise, Khlaifia and Others v. Italy, Whelan v. Ireland, Al-Juffali v. Estrada, Ukraine Law v Debenture Trust, Pham v Secretary of State for the Home Dept, R v Secretary of State for Int. Trade, Jam and Others v. International Finance Corp., Republic of Sudan v. Harrison and Others.

• 2019 judgment of United States Supreme Court in Republic of Sudan v.

Harrison • 2017 and 2019 judgments of English High Court and Court of Appeal in R (Campaign Against Arms Trade v. Secretary of State for International Trade) • 2012 judgment of the Supreme Court of Estonia in European Stability Mechanism Case Public international law | International Law Reports

July 2020 219 x 146 mm c.682pp 978-1-108-49571-4 Hardback £170.00 / US$220.00

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Law Catalogue 2020

International Law Reports

Indigenous Peoples and International Trade

Volume 187 Edited by Christopher Greenwood | International Court of Justice

Volume 187 is devoted to the Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and the Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica), and Opinion 1/17 (EU-Canada Comprehensive Economic and Trade Agreement [CETA Opinion]).

• Reports on the Opinion 1/17 of the Court of Justice of the European Union in EU-Canada Comprehensive Economic and Trade Agreement (CETA Opinion) • Covers the Orders and Judgment on Merits of the International Court of Justice in Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) • Contains the Orders and Judgments on Merits and on Compensation of the International Court of Justice in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) Public international law | International Law Reports, 187

May 2020 219 x 146 mm c.800pp 4 colour illus.

978-1-108-49769-5 Hardback £170.00 / US$220.00

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Building Equitable and Inclusive International Trade and Investment Agreements Edited by John Borrows | University of Victoria, British Columbia

This collection from Indigenous and nonIndigenous experts in international trade and investment explores the emergence of Indigenous peoples in international economic law and provides needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

• Proposes new views and perspectives of international economic law to explore the intersections of economic law, international trade and investment negotiations through the lens of Indigenous rights, human rights and environmental law • Provides new understanding and analysis of the United Nations Declaration on the Rights of Indigenous Peoples to encourage readers to explore the UN Declaration as an important instrument in economic self-determination of Indigenous peoples • Offers the newest legal analysis of Indigenous peoples and international trade and investment International economic and trade law, WTO law

Public Reason and Courts

June 2020 228 x 152 mm c.332pp 1 table 978-1-108-49306-2 Hardback £85.00 / US$110.00

Edited by Silje Langvatn | Universitetet i Oslo

This book will be of interest for anyone interested in the legitimacy problems of domestic high courts or international courts and to those interested in public reason and political legitimacy more generally. The preface and introductory chapter introduces the topic in a way that makes it accessible to non-experts.

• An interdisciplinary study of public reason and courts with contributions from legal theory, political philosophy and political science • Showing how theories of public reason can inform, and sometimes explain, the jurisprudence of constitutional and international courts • A respected line-up of scholars from different legal and constitutional traditions help readers get acquainted with the most recent advances in legal and constitutional scholarship Public international law | Studies on International Courts and Tribunals

May 2020 228 x 152 mm c.300pp 978-1-108-48735-1 Hardback £85.00 / US$110.00

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The Law of the List

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Transparency in the WTO SPS and TBT Agreements The Real Jewel in the Crown Marianna B. Karttunen | OECD, Paris

Underlines the benefits of transparency in preventing disputes between WTO Members by enabling regulatory co-operation between them.

Of interest to academics of international trade law, government representatives engaged in trade and regulatory policy, and international organisation staff willing to improve transparency in their organisation.

• Provides a combination of legal analysis and empirical research about the SPS and TBT Agreements of the WTO • Brings light on an often under-studied aspect of WTO institutional framework, especially by law scholars • Draws links between practices of trade and regulatory communities International economic and trade law, WTO law | Cambridge International Trade and Economic Law

April 2020 228 x 152 mm c.328pp 31 b/w illus. 11 tables 978-1-108-48645-3 Hardback £85.00 / US$110.00 C

UN Counterterrorism Sanctions and the Politics of Global Security Law Gavin Sullivan | University of Kent, Canterbury

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.

• Provides a detailed interdisciplinary study of global security law in action • Draws extensively on interviews with officials from the UN Security Council and other international organisations, diplomats, security experts and judges • Critically engages with current debates in international law, critical security studies, sociology, science and technology studies, international relations and socio-legal studies

ICSID Reports Volume 18 Edited by Jorge Viñuales | University of Cambridge

Volume 18 of the ICSID Reports includes summaries, digests and excerpts of decisions rendered between 2007 and 2018 in 20 cases involving States from across Africa, Asia, Europe and the Americas, reflecting the breadth of defence arguments in contemporary practice.

• The most comprehensive collection of the decisions of ICSID arbitral tribunals and ad hoc committees • Brings the ICSID series up to date • Includes an index of cases and a chronology of ICSID disputes International economic and trade law, WTO law | International Convention on the Settlement of Investment Disputes Reports

June 2020 242 x 155 mm 685pp 3 tables 978-1-107-06061-6 Hardback £250.00 / US$325.00

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UN and international organisations | Global Law Series

April 2020 228 x 152 mm c.406pp 9 b/w illus.

978-1-108-49192-1 Hardback £95.00 / US$125.00

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Law Catalogue 2020

Dispute Settlement Reports 2018

Dispute Settlement Reports 2018

Volume 1: Pages 1 to 602 World Trade Organization

Volume 4: Pages 1613 to 1982 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: I • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: IV • Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

March 2020 240 x 160 mm c.612pp 978-1-108-49635-3 Hardback £170.00 / US$220.00

March 2020 240 x 160 mm c.402pp 978-1-108-83460-5 Hardback £170.00 / US$220.00

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Dispute Settlement Reports 2018

Dispute Settlement Reports 2018

Volume 2: Pages 603 to 1164 World Trade Organization

Volume 5: Pages 1983 to 2516 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: II • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: V • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

March 2020 240 x 160 mm c.604pp 978-1-108-49601-8 Hardback £170.00 / US$220.00

March 2020 240 x 160 mm c.786pp 978-1-108-83461-2 Hardback £170.00 / US$220.00

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Dispute Settlement Reports 2018

Dispute Settlement Reports 2018

Volume 3: Pages 1165 to 1612 World Trade Organization

Volume 6: Pages 2517 to 3390 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: III • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: VI • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

March 2020 240 x 160 mm c.476pp 978-1-108-83684-5 Hardback £170.00 / US$220.00

March 2020 240 x 160 mm c.883pp 978-1-108-83462-9 Hardback £170.00 / US$220.00

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Law Catalogue 2020

Dispute Settlement Reports 2018

Dispute Settlement Reports 2018

Volume 7: Pages 3391 and 3922 World Trade Organization

Volume 10: Pages 5247 to 5864 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: VII • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: X • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

March 2020 240 x 160 mm c.568pp 978-1-108-83463-6 Hardback £170.00 / US$220.00

March 2020 240 x 160 mm c.626pp 978-1-108-83466-7 Hardback £170.00 / US$220.00

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Dispute Settlement Reports 2018

Natural Monopolies in Digital Platform Markets

Volume 8: Pages 3923 and 4796 World Trade Organization

Francesco Ducci | University of Toronto

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: VIII • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

March 2020 240 x 160 mm 876pp 978-1-108-83464-3 Hardback £170.00 / US$220.00

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Using three case studies, Ducci investigates the sources and policy implications of natural monopoly at play in digital industries. This book will not only appeal to lawyers, economists, and scholars of competition policy, but also to general readers interested in global policy debates on market power in the digital economy.

• Highlights the heterogeneous economic features and the regulatory issues at play in specific digital markets • Expands the discussion on the role of competition law by addressing gaps in the current legal framework based on the lens of natural monopolies • Discusses policy approaches that account for the often-overlooked institutional dimension of intervention Competition law, anti-trust law | Global Competition Law and Economics Policy

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Dispute Settlement Reports 2018 Volume 9: Pages 4797 to 5246 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2018: IX • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

March 2020 240 x 160 mm c.470pp 978-1-108-83465-0 Hardback £170.00 / US$220.00

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June 2020 229 x 152 mm c.220pp 978-1-108-49114-3 Hardback £85.00 / US$110.00

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The American Influence on International Commercial Arbitration Doctrinal Developments and Discovery Methods Second edition Pedro J. Martinez-Fraga | Bryan Cave, LLP

This book addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration. It will be of use to law students, academics, commentators, judges, arbitral tribunals, and lawyers practicing in the field of international arbitration.

• Studies the doctrinal relationship between the US post-Civil War Reconstruction Era Supreme Court pronouncements and the doctrine of Arbitrator immunity • Examines and reexamines the existing evidence gathering rubric forming part of international commercial arbitration at a global level • Analyzes the contributions and negatives that 28 USC §1782 brings to international commercial arbitration Dispute resolution, mediation and arbitration

June 2020 253 x 177 mm 490pp 1 b/w illus.

978-1-107-15152-9 Hardback £99.99 / US$130.00

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Law Catalogue 2020

International Protection of Investments The Substantive Standards August Reinisch | University of Vienna

This book outlines and explains the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration.

• Provides a broad overview of the jurisprudence of investment tribunals and enables a more thorough understanding of the actual interpretation of core concepts of investment protection • Analyses the application and interpretation of the main protection standards contained in international investment agreements and examines how tribunals have addressed arguments and interests of parties and stakeholders in the area of investment arbitration • Thoroughly discusses expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees Dispute resolution, mediation and arbitration

June 2020 247 x 174 mm 1170pp 978-1-107-01358-2 Hardback £220.00 / US$285.00

Sustainability and Corporate Mechanisms in Asia Ernest Lim | National University of Singapore

Critically examines how corporate law and governance can be used to promote sustainability in Asia. It will be of interest to a broad audience, ranging from students and scholars to regulators and observers of comparative sustainability, corporate social responsibility, comparative corporate law and corporate governance, as well as Asian studies.

• Presents an analytic framework, and engages in a critical evaluation, of six corporate governance and corporate law mechanisms that can be used to promote sustainability • Demonstrates the effect of state-owned enterprises and their controlling shareholder, the government, on sustainability, thus enabling readers to understand and evaluate their relationship • Combines doctrinal, theoretical and empirical research and draws on interdisciplinary literature, situating them within the context of Asia Corporate law, commercial law, company law | International Corporate Law and Financial Market Regulation

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March 2020 228 x 152 mm 428pp 2 tables 978-1-108-49451-9 Hardback £95.00 / US$125.00

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TEXTBOOK

Concise Commentary on the Rome I Regulation

Dispute Processes ADR and the Primary Forms of Decision-making Third edition Michael Palmer | School of Oriental and African Studies, University of London

Second edition Edited by Franco Ferrari | New York University

This new edition brings together and analyses a wide range of materials dealing with dispute processes and current debates on civil justice.

Students of law, social sciences and the humanities, as well as dispute resolution specialists will benefit from this broad, comparative study.

• Examines Alternative Dispute Resolution (ADR) from a comparative perspective using materials beyond those ordinarily found in ADR literature • Combines the theory and practice of ADR • Includes a section on classroom role-plays, and offers suggestions for further (open-access) reading.

Contents: Preface; Acknowledgements; 1. Introduction; 2. Cultures of decision-making: precursors to the emergence of ADR; 3. The debates around civil justice and the movement towards procedural innovation; 4. Disputes and dispute processes; 5. Development of disputes, avoidance and self help; 6. Negotiations; 7. Mediation; 8. Umpiring: courts and tribunals; 9. Umpiring: arbitration; 10. Hybrid forms and processual experimentation; 11. The ombuds and its diffusion: from public to private; 12. ODR and its diffusion: from private to public; 13. Institutionalization of ADR; 14. Reflections; Appendix A. Some role plays; Bibliography; Further reading; Index.

Dispute resolution, mediation and arbitration | Law in Context

June 2020 244 x 170 mm 450pp 2 b/w illus.

978-1-107-07054-7 Hardback £99.99 / US$130.00 978-1-107-68757-8 Paperback £42.99 / US$55.99

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Authored by an international group of scholars, this book focuses on the most relevant instrument used throughout Europe to determine what law applies to international contracts. It will appeal to practitioners and scholars looking to explore the Rome I Regulation.

• Presents commentaries from an international array of authors to deal with the Regulation separately from specific jurisdictions • Proves a concise treatment of the Regulation to ensure readers can utilize the material quickly to solve practical issues • Offers information that is relevant for all international intra-EU contracts, as well as contracts with non-EU parties in EU courts European law

May 2020 228 x 152 mm c.600pp 978-1-108-49767-1 Hardback c. £135.00 / c. US$175.00

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The Eighth Amendment and Its Future in a New Age of Punishment Edited by Meghan J. Ryan | Southern Methodist University, Texas

A valuable resource by the leading experts in the field for students, academics, and lawyers interested in constitutional and criminal law and procedure, including the death penalty, life without parole, juvenile offenders, bail reform, excessive fines, constitutional theory, criminal law theory, and criminal justice reform.

• Explores theoretical principles to cover a wide range of punishments, including the death penalty, juvenile life without parole, and mandatory sentences • Covers a wide range of criminal justice institutions and actors to be relevant to participants and stakeholders in the criminal justice system, as well as lawyers and academics • Authored by leading experts in the field to cover the current hot issues in criminal justice, including bail reform, excessive fines, and capital punishment Criminal law

June 2020 228 x 152 mm c.325pp 4 b/w illus. 4 tables 978-1-108-49857-9 Hardback £85.00 / US$110.00

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Law Catalogue 2020

The Legal Legacy of the Special Court for Sierra Leone

Viral Sovereignty and Technology Transfer

Charles C. Jalloh | Florida International University

The Changing Global System for Sharing Pathogens for Public Health Research Edited by Sam F. Halabi | University of Missouri-Columbia School of Law

Examines how the first treaty-based international tribunal created by the UN and a member state applied the law to perpetrators of serious crimes in one of the worst civil conflicts in Africa in recent history and offered valuable contributions to the development of the nascent field of international criminal law.

• Provides a detailed analysis of the leading case law of the Special Court for Sierra Leone and the contributions it made to the development of international criminal law • Contextualizes the accomplishments, and shortcomings, of the Sierra Court for Sierra Leone and the international legal community • Uses insights gained from working in the tribunal to assess the SCSL from both an academic and practical perspective to offer useful information for both academics and practitioners Humanitarian law, law of armed conflict

August 2020 228 x 152 mm 250pp 978-1-107-17831-1 Hardback £85.00 / US$110.00

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A resource for scholars and students of international public health, this volume analyses the global system for sharing pathogens for research into diagnostics, medicines, and vaccines.

Authors trace the problems posed by negotiating for access to biological resources and offer solutions to ensure that politics do not threaten biomedical advances.

• Provides a coherent, unified analysis of seemingly disparate phenomena in international public health law • Explores a largely neglected dimension of the global infectious disease control debate • Encourages readers to think about outbreaks and epidemics in contexts of the global poor Intellectual property

Autonomous Weapon Systems and the Law of Armed Conflict

July 2020 229 x 152 mm c.280pp 4 maps 978-1-108-48472-5 Hardback £85.00 / US$110.00

Compatibility with International Humanitarian Law Tim McFarland | University of New South Wales, Canberra

Martin Skladany | Penn State Dickinson Law

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Copyright’s Arc

Relevant for scholars, policymakers, and practitioners, this book explains the legal ramifications of a major new field of weapon development with a focus on questions actively debated at the UN. It serves as a case study in identifying the legal consequences of using autonomous technologies and robotics in armed conflict.

• Takes a ‘ground up’ analytical approach based on a thorough overview of the current and near future state of autonomous technologies • Provides a close examination of the interface between technological change and its legal effects, which can be applied to legal analyses in other fields employing autonomous technologies • Focuses on questions being discussed at the ongoing UN-hosted meetings between parties to the Convention on Certain Conventional Weapons, ensuring the legal analysis is topical and immediately applicable to issues currently being considered by regulatory and policy-making bodies

Big copyright has demanded an extreme, unilateral global copyright regime that has resulted in harmful effects. Offering an alternate model, Skladany argues that copyright law should vary according to a country’s development status. This book will interest scholars of law, media studies, and political science, along with policymakers and activists.

• Reveals how society can support copyright reform that will reduce the tragic overconsumption of entertainment, which disproportionately hurts marginalized groups • Allows readers to link the development of copyright to historical context • Extends current critiques of extreme copyright by demonstrating that the value of entertainment itself varies Intellectual property

August 2020 228 x 152 mm c.220pp 978-1-108-48478-7 Hardback £85.00 / US$110.00 978-1-108-72355-8 Paperback £26.99 / US$34.99

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The Reasonable Robot Artificial Intelligence and the Law Ryan Abbott | University of Surrey School of Law

Humanitarian law, law of armed conflict

July 2020 228 x 152 mm c.240pp 2 b/w illus. 1 table 978-1-108-49974-3 Hardback £85.00 / US$110.00

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Addressing the legal implications of the growing role of artificial intelligence (AI) in society, Abbott argues that the law should not discriminate between people and AI when they perform the same tasks.

This nuanced examination of technology is for anyone interested in the legal, social, and ethical issues associated with AI. • Argues for a new principle of AI regulation • Offers a resource for those involved in AI policymaking by considering the impact of laws on AI development • Contributes to broader arguments on law and technology while providing a deep dive into the challenges associated with autonomous machines Law and technology, science, communication

June 2020 229 x 152 mm c.300pp 978-1-108-47212-8 Hardback £84.99 / US$110.00 978-1-108-45902-0 Paperback £22.99 / US$29.99

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Law Catalogue 2020

Networks and Connections in Legal History

Life after Privacy Reclaiming Democracy in a Surveillance Society Firmin DeBrabander | Maryland Institute College of Art

How do we adapt to the profound societal changes wrought by digital media? What do these changes mean for political freedom? This highly original study of digital behavior and the crisis in privacy will interest scholars and anyone concerned about the impact of technology and the future of democracy.

• Provides an interdisciplinary analysis, drawing upon academic fields including philosophy, politics, media studies, law, and history • Examines the peculiarities of online behavior and explains how our interaction with digital media facilitates the surrender of privacy • Questions both the historical and philosophical identity of privacy Law and technology, science, communication

August 2020 229 x 152 mm c.200pp 978-1-108-49136-5 Hardback £64.99 / US$84.99 978-1-108-81191-0 Paperback £19.99 / US$24.99

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Edited by Martin Ebers | Humboldt University of Berlin Faculty of Law

This collection is the first to comprehensively examine the implications of AI technology on legal and regulatory systems. Featuring experts from Europe and the US, this book will appeal to scholars of law, economics, and public policy, as well as readers generally interested in emerging legal questions related to algorithms.

• Avoids overly technical computer science explanations • The case studies exposed here offer a key resource for lawyers • Addresses both conceptual and practical challenges facing legal systems Law and technology, science, communication

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Law and Reputation

Legal history

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Legal Sabotage Ernst Fraenkel in Hitler’s Germany Douglas Morris | Federal Defenders of New York

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.

• 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 • 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 • 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 Legal history | Cambridge Studies in Constitutional Law

How the Legal System Shapes Behavior by Producing Information Roy Shapira | Interdisciplinary Center (Israel)/University of Chicago

This rich account of how market forces work in tandem with legal forces is a valuable resource for legal scholars across a wide range of fields that invoke notions of market discipline. Shapira’s work is especially relevant to coursework and research on the economic analysis of law and corporate governance.

• Addresses a gap in academic literature by showing how legal and nonlegal systems interact • Reevaluates the desirability of legal institutions according to how they contribute to information production • Provides a nuanced, grounded basis for policy implications by revisiting the conventional wisdom that treats reputation as justification for scaling back legal intervention Law and economics

July 2020 229 x 152 mm 250pp 978-1-107-18650-7 Hardback c. £70.00 / c. US$125.00 978-1-316-63725-8 Paperback c. £29.99 / c. US$39.99

Aimed at historians, lawyers and jurists, this book shows how networks and connections between lawyers, legislators and litigants shape the way that legal ideas and practices are transmitted across time and space. It includes studies of law in Britain and the empire, as well as the feminist movement and Shakespeare.

• Offers a series of case studies of the personal networks developed by lawyers in different times and places • Covers a wide geographical range highlighting the importance of personal and intellectual networks to the development of the law • Shows how legal ideas are transmitted between people and places, placing legal developments in their social and geographical contexts

August 2020 228 x 152 mm c.350pp 1 b/w illus.

978-1-108-49088-7 Hardback £85.00 / US$120.00

Algorithms and Law

July 2020 228 x 152 mm c.319pp 1 b/w illus. 1 table 978-1-108-42482-0 Hardback £85.00 / US$110.00

Edited by Michael Lobban | London School of Economics and Political Science

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August 2020 228 x 152 mm c.344pp 978-1-108-83500-8 Hardback £85.00 / US$110.00

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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.

• Provides Spanish theological foundations of international legal thought and its mixed legacies in a transnational colonial context of the AngloIberian Atlantic • 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 • Rescues the Spanish theologians from historical oversimplification as predecessors to either Grotius, Kant, or Western imperialism Legal history | Law and Christianity

June 2020 228 x 152 mm c.225pp 978-1-108-49826-5 Hardback £85.00 / US$110.00

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16. Variation of Trusts; 17. Fiduciary Duties and Breach of Fiduciary Duties; 18. Breach of Trust and Defences to Breach of Trust; 19. Remedies Against Strangers to a Trust; 20. Tracing.

International Commercial Litigation

Equity and trusts

Text, Cases and Materials on Private International Law Third edition Trevor C. Hartley | London School of Economics and Political Science

May 2020 247 x 174 mm c.400pp 978-1-108-47308-8 Hardback £69.99 / US$89.99 978-1-108-46095-8 Paperback £27.99 / US$36.99

Though based on traditional private international law, this book takes a modern approach, discarding academic theory and emphasizing the practical requirements of present-day business. To do this, it adopts a comparative stance, providing material on US and Commonwealth law, as well as the core areas of English and EU law.

• Provides everything the student needs to know about international commercial litigation • Offers extensive EU coverage, but also includes thought-provoking international comparative perspectives, such as examining case-law from the Supreme Court of the United States, and Commonwealth law • Updated to reflect new case-law from the Court of Justice of the European Union Contents: Part I. Starting Off: 1. Introduction; Part II. Jurisdiction; 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. EU Law: the problem of pure financial loss; 6. The traditional English rules; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. US law: some highlights; Part IV. Procedure: 18. Freezing assets; 19. Obtaining evidence abroad: forum procedures; 20. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 21. Introduction to choice of law; 22. Torts; 23. Contracts: the principle of party autonomy; 24. Contracts: legal policy and choice of law; 25. The common-law countries: regulating business, protecting employees and helping consumers; 26. Foreign currency; 27. Property: tangible movables; 28. Contractual rights and property interests – I; 29. Contractual rights and property interests – II; 30. Contractual rights and property interests – III. Private international law

May 2020 244 x 170 mm c.975pp 4 b/w illus.

978-1-108-72113-4 Paperback £52.99 / US$68.99

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A Student’s Guide to Equity and Trusts Second edition Judith Bray | University of Buckingham

This book is aimed at equity and trusts students on a variety of courses.

It simplifies the subject and brings it to life by using practical examples.

Complex cases are explained in simple and straightforward terms. The book encourages students to relate principles studied on the course to practical situations.

• Introduces the student to all the key topics in an equity and law module • Up-to-date text with a new comprehensive glossary and wide-ranging list of further reading • Includes introductory key points at the beginning of each chapter and summaries of the key issues and cases at the end of every chapter • Accessible to students of all abilities Contents: 1. Historical Introduction; 2. Equitable Remedies; 3. The Classification of Trusts and Powers; 4. The Three Certainties; 5. Constitution of Trusts; 6. Formalities for the Creation of a Trust; 7. Private Purpose Trusts; 8. Unincorporated Associations; 9. Resulting Trusts; 10. Constructive Trusts; 11. Trusts of the Family Home; 12. Secret Trusts and Mutual Wills; 13. Charities – The Charities Act and the Rules of Cy-près; 14. Trustees: Appointment, Retirement and Capacity; 15. Duties and Powers of Trustees;

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Moffat’s Trusts Law Text and Materials Seventh edition Jonathan Garton | University of Warwick

Moffat’s Trusts Law combines authoritative commentary with a unique contextual analysis.

Leading cases, statutes, and historical and research materials are placed alongside the narrative of the text to give emphasis both to general theories of trust concepts and to the practical operation of trusts.

• The book utilises a range of teaching methods, including identifying key ‘points to consider’, use of visual aids and discussion questions • A new up-to-date edition covering recent statutory developments and exploring the impact of a wealth of new cases • Retains its hallmark combination of a contextualized approach and a commercial focus Contents: Preface to the Seventh Edition; Acknowledgements; Table of Abbreviations; Useful Websites; Table of Statutes; Table of Statutory Instrument; Table of Cases; 1. Trusts Introduced; 2. The Evolution of the Private Express Trust; 3. Creating the Trust – I; 4. Creating the Trust – II; 5. Trusts and Public Policy; 6. Flexibility in Relation to Beneficial Entitlement; 7. An Introduction to Trustees and Trusteeship; 8. Aspects of the Management of Trusts; 9. Trusteeship, Control and Breach of Trust; 10. Implied Trusts and the Family Home; 11. Trusts in Commerce I: Commerce and Equitable Remedies; 12. Trusts in Commerce II: Commerce, Credit and the Trust; 13. Trusts in Commerce III: Fiduciary Relationships, Commerce and the Trust; 14. Trust, Contract and Unincorporated Associations; 15. An Introduction to the Law of Charity; 16. The Legal Definition of ‘Charity’; 17. Trusts – an International Dimension; Index Equity and trusts | Law in Context

April 2020 244 x 170 mm c.1000pp 9 b/w illus. 3 tables 978-1-108-79644-6 Paperback £42.99 / US$55.99

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The Law of Political Economy Transformation in the Function of Law Edited by Poul F. Kjaer | Copenhagen Business School

The book develops the law of political economy as a new field of scholarly enquiry. Based on empirical insights from a wide range of areas, it provides a novel conceptual framework for studying conflicts and challenges in political economy contexts while outlining the contours of a new law of political economy.

• Develops the law of political economy as a field of scholarly enquiry • Includes and develops inter-disciplinary and multi-disciplinary perspectives highlighting complementarity and interaction • Reformulates basic categories of law, opening up the horizon for a new concept of law Socio-legal studies

April 2020 228 x 152 mm c.420pp 1 table 978-1-108-49311-6 Hardback £95.00 / US$125.00

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Transnational Legal Ordering of Criminal Justice

Predatory Lending and the Destruction of the African-American Dream

Edited by Gregory Shaffer | University of California, Irvine

Janis Sarra | University of British Columbia, Vancouver, Peter A. Allard School of Law

This examination of the economic exploitation of African Americans focuses on predatory lending, the racial discrimination underpinning the subprime market collapse, and failed reform efforts aimed at redressing the harms. It will interest financial law scholars, critical race theorists, economists, and anyone concerned about the racial wealth gap in America.

• Illustrates the connection between racist economic exploitation in the past and present-day predatory practices that drain billions of dollars from African-American communities and families • Analyzes corporate governance, finance, and home mortgage lending practices through a critical race theory lens • Offers a detailed analysis of the settlement terms of lawsuits brought by states attorneys and the US Department of Justice against financial institutions Socio-legal studies

June 2020 229 x 152 mm c.220pp 978-1-108-49606-3 Hardback £69.99 / US$89.99 978-1-108-81158-3 Paperback £21.99 / US$28.99

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The Uncounted Politics of Data in Global Health Sara L.M. Davis | Graduate Institute of International and Development Studies, Geneva

How do we know that development aid is reaching those who need it most? The answer is increasingly data. This book cracks open high-level debates over indicators and data, showing the political and economic forces that shape what gets measured and how in HIV finance.

• Explores the political and economic forces shaping indicators and data to help readers see the effects of decisions made using those tools to understand the reasoning behind them and the forces behind the drive for data in the global HIV response • Offers an insider perspective on both local and high-level global health governance to reveal how global heath institutions think and operate in human terms • Breaks down UNAIDS Fast Track approach, models, cost-effectiveness and what they leave out to explain why UNAIDS will almost certainly announce that the world has failed to reach its targets to progress to the end of AIDS • Shows civil society-led data-gathering and advocacy at both grassroots and global levels in HIV sector, and suggests how this could be applied in global health more broadly Socio-legal studies | Cambridge Studies in Law and Society

June 2020 228 x 152 mm c.225pp 19 b/w illus. 6 tables 978-1-108-48336-0 Hardback £85.00 / US$110.00

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This book provides an empirically grounded framework for studying central governance challenges in various areas of international, transnational and domestic criminal justice policy. The implications cut across subject areas that attract considerable scholarly attention. It will appeal to a wide audience.

• Develops and applies a new theoretical framework for studying the interactions between international and domestic processes of criminal justice policy • Maps and explains similarities and differences in the formation, institutionalization, and impact of transnational norms in various areas of criminal justice policy • Features ten in-depth case studies of transnational legal ordering in central fields of criminal justice policy Socio-legal studies | Cambridge Studies in Law and Society

May 2020 228 x 152 mm c.288pp 15 b/w illus. 8 tables 978-1-108-83658-6 Hardback £85.00 / US$110.00

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Feminist Judgments: Reproductive Justice Rewritten Edited by Kimberly Mutcherson | Rutgers University, New Jersey

Reproductive justice (RJ) is a pivotal movement that supplants the limitations of reproductive rights. This book re-imagines cases about critical RJ issues like forced sterilization, welfare caps, and abortion funding to highlight the law’s impact on vulnerable populations, including people with disabilities, poor women, and women of color.

• Shows how a reproductive justice lens changes legal analysis in a case, even if it does not change the case outcome • Represents a spectrum of issues related to reproduction (abortion, contraception, the right to parent one’s children, forced sterilization and more) to make clear that they all must be understood within the larger frame of how the law and courts impact the choices that women make about pregnancy and parenting • Provides commentaries to each rewritten case to help readers who are not wholly familiar with the legal concepts being discussed Socio-legal studies | Feminist Judgment Series: Rewritten Judicial Opinions

March 2020 228 x 152 mm c.450pp 978-1-108-42543-8 Hardback £94.99 / US$125.00 978-1-108-44235-0 Paperback £39.99 / US$49.99

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Kinship, Law and Politics An Anatomy of Belonging Joseph E. David | Sapir Academic College, Israel

The book explores beyond the borders of identity politics by offering a more precise understanding of belonging as a basic and all-encompassing concern. Academics, scholars, and students in the fields of philosophy, law, history, and religious studies will benefit from these interdisciplinary analyses of belonging within kinship, law, and politics.

• Introduces historical background of contemporary concerns such as belonging and identity in the context of family, law and politics • Provides a cross-disciplinary perspective and demonstrates how the integration of disciplines enriches our understandings • Focuses on transitional moments and develops better senses to deal with concepts of belonging and identity Socio-legal studies | Law in Context

May 2020 247 x 174 mm c.264pp 978-1-108-49968-2 Hardback £85.00 / US$110.00

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Principles of Tort Law

Principles of Property Law

Second edition Rachael Mulheron | Queen Mary University of London

Alison Clarke | University of Surrey

This book does what it ‘says on the tin’ – stating the corpus of Tort Law as a body of principles.

Undertaken for the first time in English Tort Law, this book describes the Law of Tort concisely, accessibly, and accurately, and with both depth and detail.

• Principles-based exposition of each tort allows for simple, clear and accurate explanation of the law of each tort, while ‘nutshell’ analyses at the beginning of each chapter provide students with a summary of the preconditions, elements, defences and remedies associated with each tort • Summaries of those cases which support the principles encompassed in the book include concise outlines of their facts, verdicts and key reasoning • Use of comparative boxes highlights those areas where English law has trodden a variant path from the views which other jurisdictions may have adopted in relation to a particular issue in Tort Law • Written not only for students, but for practitioners, litigants, policymakers and law reformers seeking an accurate understanding of the law Contents: Foreword to the First Edition; Preface to the Second Edition; How to use this book; Table of Cases; Table of Legislation; List of abbreviations; Notes on Mode of Citation; 1. The Role of Modern Tort Law; Part I Negligence: 2. Duty I – General Principles Governing Duty of Care; 3. Duty II – Particular Duty Scenarios; 4. Duty III – Pure Economic Loss; 5. Duty IV – Pure Psychiatric Injury; 6. Breach I – The Standard of Care; 7. Breach II – Proving Negligence; 8. Causation of Damage; 9. Remoteness of Damage; 10. Defences; 11. Remedies; Part II Specific Negligence Regimes: 12. Occupiers’ Liability; 13. Public Authority Liability; Part III Other Selected Torts: 14. Trespass to the Person; 15. Defamation; 16. Private Nuisance; 17. The Rule in Rylands v Fletcher; Part IV Miscellaneous: 18. Vicarious Liability; Index.

An essential resource for those who need to understand the UK land law system. Aimed at law students and those interested in political theory, environmental studies, resource economics and land administration needing a clear understanding of property law, Principles of Property Law helps demystify this wide-impacting subject.

• Covering all core undergraduate property law topics, Principles of Property Law adopts a flexible approach suited to a variety of teaching styles • By placing the subject in a broader context and using clear pedagogical features and an online depository of extra materials, Principles of Property Law engages specialists and non-specialists alike and aids course planning and preparation • Suitable for undergraduate students in England, Wales and Northern Ireland, as well as postgraduate students seeking analysis for courses including land administration and environmental studies Contents: Preface; Table of Cases; 1. What Property Is and Why It Matters; 2. Conceptions and Justifications; 3. Allocation of Property Rights; 4. Property and Human Rights; 5. Ownership and Other Property Interests; 6. New Property Interests and the Numerus Clausus; 7. Objects of Property Interests; 8. Property Interest Holders; 9. Multiple Property Rights Systems: Recognition of Indigenous Land Rights; 10. Limitations on Property; 11. Possession and Title; 12. Adverse Possession of Land; 13. Non-possessory Land Use Rights; 14. Acquiring Interests Informally; 15. Enforceability and Priority of Property Interests: General Principles; 16. Registration; 17. Leases; Index.

Property law | Law in Context

May 2020 244 x 170 mm 700pp 1 table 978-1-107-09053-8 Hardback £94.99 / US$125.00 978-1-107-46256-4 Paperback £39.99 / US$51.99

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Tort law

June 2020 246 x 189 mm c.1000pp 978-1-108-72764-8 Paperback £39.99 / US$55.99

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SPECIAL INTERVIEW Michael Barry (MB) Hooker in Conversation with Kevin Tan Kevin YL TAN and Michael W DOWDLE

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Labour Law and (In)justice in Workers’ Letters in Vietnam Tu Phuong NGUYEN Practising on the Moon: Globalization and Legal Consciousness of Foreign Corporate Lawyers in Myanmar Arm TUNGNIRUN Resistance, Evasion, and Inequality: Legal Consciousness of Intellectual Property Laws in Two Chinese Markets Lillian Hsiao-Ling SU

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353–373 Sen, justice and the private realm of dispute resolution Debbie De Girolamo

Legal Consciousness as Viewed through the Judicial Iconography of the Madras High Court Rahela KHORAKIWALA

374–395 Overcoming essentialisation: a comparative study of ‘living-together’ Emma Patrignani

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The Advent of Lawyers in Japanese Government Daniel H. FOOTE Human Rights Diffusion in North Korea: The Impact of Transnational Legal Mobilization Patricia GOEDDE

396–415 The right to inclusive education: why is there so much opposition to tation?

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2017 ANNUAL CONFERENCE OF THE ASIAN LAW AND SOCIETY ASSOCIATION Presidential Address at 2017 Annual Conference of the Asian Law and Society Association (ALSA) Hiroshi FUKURAI Keynote Speech at 2017 Annual Conference of the Asian Law and Society Association (ALSA) Terence C. HALLIDAY

416–436 Portuguese culture and legal consciousness: a discussion of immigran ceptions of and reactions to domestic violence Sofia Graca 437–453 The functional–formal impasse in (trust) property Jesse Wall

454–468 Ched Evans, rape myths and Medusa’s gaze: a story of mirrors and win David Gurnham Book review 469–473 Hunting Justice: Displacement, Law, and Activism in the Kalahari Justyn K. Huckleberry

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Constitutional Interpretation and Institutional Perspectives: A Deliberative Proposal

Giordana Campagna and Raffael N. Fasel

“Listen to Them and Give Them a King”: Self-Determination, Democracy, and the Proportionality Principle

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Legal Time

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Ronald Dworkin and the Curious Case of the Floodgates Argument

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Exclusionary Reasons, Virtuous Motivation, and Legal Authority

Federico Picinali

Can the Reasonable Doubt Standard be Justified?

A Reconstructed Dialogue

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The Metaphysics of Statehood A Taxonomy of Legal Control

Caleb Yong

Justifying Resistance to Immigration Law: The Case of Mere Noncompliance

Vol. XXXI No.2 August 2018

Volume 19 2017 The Cambridge Yearbook of European Legal Studies (CYELS) offers authors and readers a space for sustained reflection and conversation about the challenges facing Europe and the diverse legal contexts in which those challenges are addressed. It identifies European Legal Studies as a broad field of legal enquiry encompassing not only European Union law but also the law emanating from the Council of Europe; comparative European public and private law; and national law in its interaction with European legal sources. ali sv ola tp

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CASE AND COMMENT R (Black) v Secretary of State for Justice 237 Dover DC v Campaign to Protect Rural England (Kent) 240 DSD v Metropolitan Police Commissioner 244 CN v Poole Borough Council 248 NRAM Ltd. v Steel 251 Akita Holdings Ltd. v Attorney General of the Turks and Caicos Islands; Lifeplan Australia Friendly Society Ltd. v Ancient Order of Foresters in Victoria Friendly Society Ltd. 255 Re J (Adoption: Appeal) 258 Re M (Children) 261 HMRC v Hely-Hutchinson 265

Constitutional Law – Crown – Legislation Administrative Law – Duty to give reasons Tort – Nonfeasance – Human Rights Act Tort – Omission – Housing authority Tort – Misrepresentation Equity – Fiduciary duty – Third party liability

Family Law – Adoption order Family Law – Best interests of the child Tax Law – Legitimate expectations

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315–334 Making paradoxes invisible: international law as an autopoietic syste Kenneth Kang

Constructing the Identity of the Thai Judge: Virtue, Status, and Power Kitpatchara SOMANAWAT

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The Futility of Law and Development: China and the Dangers of Exporting American Law (New York: Oxford University Press, 2016)

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Jarrod Hepburn

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VOLUME 5 | ISSUE 1 | MAY 2018

Fostering Private Equity Using a Law-First Approach: Lessons from South Korea Sung Eun (Summer) KIM

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The Office of the Crown JASON ALLEN

The Significance of Status and Genetics in Succession to Titles SIR CRISPIN AGNEW OF LOCHNAW AND GILLIAN BLACK

Judicious Review JO MURKENS

Presumption of Marriage REBECCA PROBERT

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 Volume  Issue  Contents Articles Stijn Smismans – EU citizens’ rights post Brexit: why direct effect beyond the EU is not enough – 443 Alberto Miglio – Differentiated integration and the principle of loyalty – 475 Jan Petrov – Unpacking the partnership: typology of constitutional courts’ roles in implementation of the European Court of Human Rights’ case law – 499

259 editorial Will Adam

Wolfgang Weiß – Delegation to treaty bodies in EU agreements: constitutional constraints and proposals for strengthening the European Parliament – 532

THE CANADIAN YEARBOOK OF INTERNATIONAL LAW volume 54

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Contents articles 261 De minimis non curat lex: A Profound Juridical Unity?

Edward Morgan 278 Oppositional Religious Speech: Understanding Hate Preaching Peter W Edge 290 The Statement of Principles of Christian Law: A Quaker Perspective Frank Cranmer 305 The Politics of Credentials: A Commentary and Critique of the Presbyterian Church in Southern Africa Graham A Duncan

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328 Preparing for the Next Coronation R M Morris

ANNUAIRE CANADIEN DE DROIT INTERNATIONAL

336 conference reports 347 government and parliament report 354 book reviews 379 case notes

Luigi Lonardo – Common Foreign and Security Policy and the EU’s external action objectives: an analysis of Article 21 of the Treaty on the European Union – 584

Anthony Arnull – EU Recommendations and Judicial Review – ECJ 20 February 2018, Case C-16/16 P, Kingdom of Belgium v European Commission – 609

Gianni Lo Schiavo – The principle of ne bis in idem and the application of criminal sanctions: of scope and restrictions – ECJ 20 March 2018, Case C-524/15, Luca Menci; ECJ 20 March 2018, Case C-537/16, Garlsson Real Estate SA and Others v Commissione Nazionale per le Società e la Borsa (Consob); ECJ 20 March 2018, Joined Cases C-596/16 and C-597/16, Enzo Di Puma v Consob and Consob v Antonio Zecca – 644

Risk of Incident Psychiatric Disorders in Sexual Assault Victims: A Nationwide Population-Based Cohort Study Tao-Hsin Tung, Sheng-Ang Shen, Chih-Hao Chen and Chien Huang

At the Intersection of Global Law, Science and Policy

147

Psychological Profiles of Brazilian Adolescent Offenders Marina Rezende Bazon and Lais Sette Galinari

158

Gender-Based Violence Against Female Students in European University Settings Katrin List

172

Environmental Crime and Victimization: A Green Criminological Analysis of the Endosulfan Disaster, Kasargod, Kerala Faisal Melangadi

205

Combating Human Trafficking at the Local Level: Better Informing (Inter)national Action Plans John Winterdyk

220

Sustainable Development of Offender Treatment Policy in the Association of Southeast Asian Nations (ASEAN) Countries Satoshi Minoura

237

VOLUME 67

OCTOBER 2018

Membership of the British Institute of International and Comparative Law brings with it a subscription to the International and Comparative Law Quarterly, or it is available as a personal annual subscription from the distributor Cambridge University Press. More details are available at: biicl.org/subscriptions Find out how to submit your paper: journals.cambridge.org/iclq/ifc Register for ICLQ email alerts: journals.cambridge.org/iclq/alerts

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Transnational Climate Law Thijs Etty, Veerle Heyvaert, Editors-in-Chief

Cinnamon Carlarne, Dan Farber, Bruce Huber and Josephine van ARTICLES

When founded in 1952, the International and Comparative Law Quarterly was the only journal which offered the reader coverage of comparative law as well as public and private international law as well as European Union law. Since then it has maintained its pre-eminence amongst journals of its kind and it continues to offer practitioners and academics wide topical coverage without compromising rigorous editorial standards.

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VOLUME 67 PT 4 October 2018 PP 739–1039

ARTICLES

VOLUME 55 ISSUE 2 2017

INTERNATIONAL & COMPARATIVE LAW INTERNATIONAL ANNALS OF CRIMINOLOGY QUARTERLY

 Volume  –

ISSN 1867-299X

INTERNATIONAL ANNALS OF CRIMINOLOGY / ANNALES INTERNATIONALES DE CRIMINOLOGIE

ISSN: 2045-3817

Subjects Brexit: Citizens’ rights in the Withdrawal Agreement; Constitutional Courts: The implementation of the European Court of Human Rights’ case law; Court of Justice: Judicial review of soft law; Judicial independence, austerity, and rule of law crises; The principle of ne bis in idem; European Union: Differentiated integration and its limits; Trade Agreements and delegation of powers; Objectives and competences in EU’s external action.

Matteo Bonelli & Monica Claes – Judicial serendipity: how Portuguese judges came to the rescue of the Polish judiciary – ECJ 27 February 2018, Case C-64/16, Associação Sindical dos Juízes Portugueses – 622

go to the journal website at: cambridge.org/ecl

Volume 7 | Issue 2 | July 2018

Contributions by Wolfgang Weiß, Stijn Smismans, Jan Petrov, Alberto Miglio, Luigi Lonardo, Gianni Lo Schiavo, Matteo Bonelli & Monica Claes, Ludvig Beckman, Anthony Arnull

Case Notes

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Volume 9 | Issue 2 | June 2018

 Volume  Issue 

Ludvig Beckman – Democratic legitimacy does not require constitutional referendum.

On ‘the constitution’ in theories of constituent power – 567

Ecclesiastical Law Journal

ist of articles see Table of Contents

27

Fundamental Human Rights and ‘Traditional Japanese Values’: Constitutional Amendment and Vision of the Japanese Society Shigenori MATSUI

Legal Consciousness in Asia—Editors’ Note to Special Issue Lynette J. CHUA and David M. ENGEL

Volume 19 2017

e EU Legal Order nt Treaties Concluded

Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China Swati JHAVERI

LEGAL CONSCIOUSNESS IN ASIA

Cambridge Yearbook of European Legal Studies

mple of Better Regulation?

1

What Shareholders in Japan Say about Director Pay: Does Article 361 of Japan’s Companies Act Matter?

Sean MCGINTY and David GREEN

in International Law

Volume 9 | Issue 2 | June 2018

r: What does the Future

ARTICLES Why Do Criminal Trials ‘Crack’? An Empirical Investigation of Late Guilty Pleas in Hong Kong Kevin Kwok-yin CHENG, Wing Hong CHUI, Simon N M YOUNG, and Rebecca ONG

JULY 2018

Domestic Investment Statutes

ISSN 2044-2513

CONTENTS

ASIAN JOURNAL OF COMPARATIVE LAW

ISSUE 1

Dan Efrony and Yuval Shany Book Reviews

JULY 2018

VOLUME 13

the Shelf?

Tallinn A Rule Non-State ActorsBook and the on Implementation of the World Heritage Convention 2.0Problems, on Cyberoperations in Asia:Manual Achievements, and Prospects Alessandro and CHECHI Subsequent State Practice

ASIAN JOURNAL OF COMPARATIVE LAW

1949 Geneva Conventions

The Lake Home: International Law and the Global Land Grab Boyd van Dijk Henrietta ZEFFERT

VOLUME 8 ISSUE 2

Asian Journal of International Law

Desertion and Gaps in International Humanitarian Law: Dealing with Changes of Allegiance in the Singapore War Crimes Trials – ADDENDUM CHEAH W. L.

The Canadian Journal of Law & Jurisprudence

he Benefit of the Many

Dealing with Desertion and Gaps in International Humanitarian Law: Changes of Allegiance in the Singapore War Crimes Trials CHEAH W. L.

ASIAN JOURNAL OF COMPARATIVE LAW

Vol. XXXI No.2 August 2018

licy

“Reverse Permissibility” in the Renewable Energy Sector: Going Beyond the US-India Solar Cells Dispute Umair Hafeez GHORI

Human Rights in War: On the

EUROPEAN JOURNAL OF RISK REGULATION

EGULATION

Government Procurement with Strings Attached: The Uneven Control of Offsets by the World Trade Organization and Regional Trade Agreements David COLLINS

VOLUME 8 ISSUE 2 | JULY 2018

and Human Rights Treaty

s and other Business

ughes

ARTICLES

What if? Counterfactual (Hi)Stories of International Law Entangled Foundations of the Ingo VENZKE

BUSINESS AND HUMAN RIGHTS JOURNAL

ies to Lead the Way on

CONTENTS

Damming and Infrastructural Development of the Indus River Basin: Strengthening the Provisions of the Indus Waters Treaty INSIDE THIS ISSUE Durgeshree RAMAN

mpact Investing

and Spain

American Journal of International Law

Asian Journal of International Law

Asian Journal of International Law

ss Active in Israel’s

ness

from Cambridge

THE JOURNAL OF THE ASIAN SOCIETY OF INTERNATIONAL LAW

VOLUME 3 | ISSUE 2 | JULY 2018

AL

LAW JOURNALS

Climate Change, the Paris Agreement and Human Rights The Applicability of the ECHR in Contested Territories The Law-Making Effects of the FAO Deep-Sea Fisheries Guidelines The British Ratification of the Underwater Heritage Convention: Problems and Prospects WTO Regulation of Transnational Private Authority in Global Governance Overriding Mandatory Laws in International Arbitration Towards Judicial Coordination for Good Water Governance?

Balancing Soft and Hard Law for Business and Human Rights

Lord Mance Alan Boyle Marko Milanović and Tatjana Papić

Acts of Torture as An Instrument of Government Policy in the Colony of Cyprus in the 1950s and Choice of Law Establishing a Military Presence in a Disputed Territory: Interpretation of Article 2(3) and (4) of the UN Charter

Regulatory Chill in a Warming World: The Threat to Climate Po Investor-State Dispute Settlement Kyla Tienhaara

Lene Korseberg International Law Obligations Arising in relation to Nationally Determ Benoit Mayer Hayley Roberts Ming Du

Transnational REDD+ Rule Making: The Regulatory Landscape Implementation in Latin America María Eugenia Recio

Jan Kleinheisterkamp

Towards an EU Regulatory Framework for Climate-Smart Ag The Example of Soil Carbon Sequestration Jonathan Verschuuren

Virginie Barral Barnali Choudhury

SHORTER ARTICLES AND NOTES Jurisdiction in Tort Claims for Non-Physical Harm Under Brussels 2012, Article 7(2)

Keeping the Arctic White: The Legal and Governance Landscape Short-Lived Climate Pollutants in the Arctic Region Yulia Yamineva and Kati Kulovesi

Trevor C Hartley

Conservation Introductions for Biodiversity Adaptation under Cli Phillipa C. McCormack

Legal and Policy Pathways of Climate Change Adaptation: Comp of the Adaptation Practices in the United States, Australia a Xiangbai He

Uglješa Grušić Tomohiro Mikanagi

BOOK REVIEWS

Public International Law Private International Law Comparative Law Human Rights European Law

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3

SEPTEMBER

2018

ISSN

1744-55 2 3

ISSN 1472-6696

British Red Cross response to young migrants in Calais, France Debbie Busler

Assistance for and protection of migrants: Experience of the Honduran Red Cross

LEGAL INFORMATION MANAGEMENT

Arnaldo Ponce and Norma Archila

Photo gallery: Displacement in Nigeria: Scenes from the northeast Between hospitality and asylum: A historical perspective on displaced agency Elena Isayev

Addressing the protection and assistance needs of migrants: The ICRC approach to migration

Abu Zubaydah v. Lithuania (Eur. Ct. H.R.) Introductory Note by Christina M. Cerna

MP v. Secretary of State for the Home Department (CJEU) Introductory Note by Anne Aagten

United Nations Security Council Resolution 2379 Introductory Note by Scott A. Gilmore

NO

14

Journal of the British and Irish Association of Law Librarians

Opinion note: Some reflections on the IFRC’s approach to migration and displacement Sebastien Moretti and Tiziana Bonzon

Migration and data protection: Doing no harm in an age of mass displacement, mass surveillance and “big data” Ben Hayes

Obligations of transit countries under refugee law: A Western Balkans case study Pavle Kilibarda

Opinion note: In the name of (de)securitization: Speaking security to protect migrants, refugees and internally displaced persons?

Faye Donnelly

Protecting internally displaced persons: The value of the Kampala Convention as a regional example Adama Dieng

3

Do no harm: A taxonomy of the challenges of humanitarian experimentation

2018

Volume 57 Issue 5 October 2018

SEPTEMBER

Specificities and challenges of responding to internal displacement in urban settings Angela Cotroneo

Kristin Bergtora Sandvik, Katja Lindskov Jacobsen and Sean Martin McDonald

Reports and documents Books and articles

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MIX Paper from responsible sources

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ISSN 0748-0814

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VOLUME 33 American Society for Legal History

African Law

Sarah Barringer Gordon University of Pennsylvania President

VOLUME 62 NUMBER 3 2018

Journal of

•

Rebecca J. Scott University of Michigan Past President

Journal of Angela Fernandez

Board of Directors Cynthia Herrup University of Southern California

University of Toronto

Malick W. Ghachem Massachusetts Institute of Technology

Sophia Lee University of Pennsylvania

Craig Evan Klafter American University of Myanmar Treasurer Sally Hadden Western Michigan University Secretary

Gautham Rao American University

Kunal Parker University of Miami

Publications Committee Craig Joyce University of Houston

Cynthia Nicoletti University of Virginia

pp 337–507

JLR Catharine MacMillan King’s College, London

Alexandra Havrylyshyn (graduate student representative), University of California Berkeley

377

Between Consented and Un-Contested Occupation Kyo Arai

Temporary Constitutional Amendments as a Means 403 to Undermine the Democratic Order: Insights from the Israeli Experience Nadav Dishon

Dan Ernst, Chair Georgetown University Binyamin Blum University of California, Hastings Holly Brewer University of Maryland Sarah Barringer Gordon University of Pennsylvania Thomas A. Green University of Michigan

427

Divorcing Marriage from Marital Assets: Why Equity and Women Fail in Property Readjustment Actions in Nigeria Territorial Dimensions of Self-Determination Michael Attah of Jerusalem, Faculty of Law, Proceedings of an international workshop, Hebrew University The Challenge of Domesticating Children’s Rights Treaties in Nigeria and

Alternative Legal Avenues for Protecting Children THE 2018 LIONEL COHEN LECTURE Daniel Ogunniyi The Universality of the Rule of Law as an International Standard Sir Terence Etherton Case Note 471 Some Comments on the Enforcement Committee’s Jurisdiction in the Adjudication BOOK REVIEW ESSAY and Settlement of Market Manipulation Cases: Pather and Another v Financial Some Reflections on the Theory of Sources of International Law: Re-examining Services Board and Others [2014] 3 All SA 208 (GP) Customary International Law Howard Chitimira Ezequiel Heffes

Gautham Rao American University

Craig Evan Klafter American University of Myanmar

Michael Lobban London School of Economics, University of London Michelle McKinley University of Oregon

David Tanenhaus UNLV

Kim Welch Vanderbilt University

Charles L. Zelden Nova Southeastern University

Honorary Fellows of the American Society for Legal History Morris S. Arnold J.H. Baker John M. Beattie Mary Frances Berry Raoul C. Van Caenegem Ennio Cortese Natalie Zemon Davis Charles Donahue Mary L. Dudziak Lawrence M. Friedman Philip Girard Paolo Grossi Hendrik Hartog

BOOK REVIEW Review of Daniel Costelloe, Legal Consequences of Peremptory Norms in International Law Alexander Orakhelashvili

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Douglas Hay R. H. Helmholz António Manuel Hespanha Morton J. Horwitz Harold M. Hyman Laura Kalman Stanley N. Katz Linda K. Kerber Bruce Kercher Diane Kirkby Peter Landau Anne Lefebvre-Teillard Hector L. MacQueen

John McLaren Kjell Modéer William E. Nelson John T. Noonan, Jr. John Phillip Reid Susan Reynolds Bernd Rüthers Harry N. Scheiber Reva Siegel Michael Stolleis Christopher Tomlins W. A. J. Watson David V. Williams

Volume 36, Number 3 · August 2018

Volume 51 Number 3 2018

Joanna Grisinger Northwestern University

Intisar Rabb Harvard University

Christopher Schmidt Chicago-Kent College of Law/American Bar Foundation Rebecca J. Scott (Immediate Past President) University of Michigan Daniel J. Sharfstein Vanderbilt University Laura Weinrib University of Chicago

Sara MacDougall John Jay College of Criminal Justice and the CUNY Graduate Center

Philip Girard York University

351 ARTICLES An Unlikely Day in Court? Legal Challenges for the Prosecution of Israeli Settlements under the Rome Statute Hannes Jöbstl

447

ISSUE 1 APRIL 2018

LAWand RELIGION

African Law 335 Introduction Malcolm N Shaw QC, Yuval Shany and Yaël Ronen

7 December 2017

Officers, 2017 Lauren Benton Vanderbilt University President-Elect

Law and History Review

VOLUME 62 • NUMBER 3 • 2018

Volume 51 Number 3 2018 Journal of

•

Migration and displacement

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Humanitarian debate: Law, policy, action

The protection of migrants under international humanitarian law

INSIDE THIS ISSUE

Volume 99 Number 904

Vicki Mau

Helen Obregón Gieseken

VO L

ndows

“All I want is to know”: Testimonies of the families of missing migrants in Zimbabwe Interview with Filippo Grandi, UN High Commissioner for Refugees Mobilising the Movement: Australian Red Cross, migration, and the role of the Red Cross and Red Crescent Movement around humanitarian response

Migration M igg and displacement

nt women’s per-

Migration and displacement: Humanity with its back to the wall Vincent Bernard

Stéphanie Le Bihan

VO L U M E 1 8 . N U M B E R 3 . 2 01 8

its implemen-

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A Global Forum for Interdisciplinary Legal Studies

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em

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841–869 871–895

897–914

0922–1565

Volume 111 2017

NUMBER 4 DECEMBER 2018

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Volume 111 2017

Cambridge Core

0731-1265

ISSN 0272-5037

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Volume 46 Number 2 Summer 2018

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international law and practice 915–938 When the State Sovereign Immunity Rule Meets Sovereign Wealth Funds in the Post Financial Crisis Era: Is There Still a Black Hole in International Law? Shu Shang and Wei Shen international criminal courts and tribunals 939–962 The Art of Rhetoric: Perceptions of the International Criminal Court and Legalism Birju Kotecha 963–980 A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals Nora Stappert 981–1002 The Prosecutor’s Request Concerning the Rohingya Deportation to Bangladesh: Certain Procedural Questions Michail Vagias bibliography 1003–1006 Books and Articles in the Field of the Prevention and Peaceful Settlement of Disputes Raymond Ridderhof book review 1007–1013 Rein Müllerson, Dawn of a New Order: Geopolitics and the Clash of Ideologies (2017) Sergey Punzhin

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NUMBER 4 DECEMBER 2018

VOLUME 31

VOL U ME 24 | NU M BE R 2 | J U N E 2 0 1 8 | PA G ES 7 7 – 1 5 8

The Content-Independence of Political Obligation: What It Is and how to Test It Laura Valentini

747–771

editorial News Coverage by Scholarship Seline Trevisanut international legal theory Ambivalence, Anxieties / Adaptations, Advances: Conceptual History and International Law Martin Clark Reimagining the Nation-State: Indigenous Peoples and the Making of Plurinationalism in Latin America Roger Merino Resolving the Question of Inter-Scalar Legitimacy into Law? A Hard Look at Proportionality Balancing in Global Governance Ming-Sung Kuo Symposium on the ‘Trajectories of International Legal Histories’ Introduction: Doing Things Differently There Gerry Simpson Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law – The Multifaceted Genesis of the Jus Cogens Doctrine Felix Lange Towards a Postcolonial Genealogy of International Organizations Law Guy Fiti Sinclair Highlighting Inequalities in the Histories of Human Rights: Contestations over Justice, Needs and Rights in the 1970s Julia Dehm African International Legal Histories – International Law in Africa: Perspectives and Possibilities Jakob Zollmann

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PROCEEDINGS

741–745

Richard Dagger

The Ofcial Publication of 103 Concept, Principle, and Norm—Equality Before the Law Reconsidered The International Association of Law Libraries Frej Klem Thomsen 135

Contents

VOLUME 31

leiden journal of international law

Proceedings of the 111th Annual Meeting

Authority, Legitimacy, and the Obligation to Obey the Law

leiden journal L EG L of A international law T HEOR Y

leiden journal of international law

77

L EGAL THEORY

INTERNATIONAL JOURNAL L E G A L T H EOR Y OF LEGAL INFORMATION

Proceedings of the 111th Annual Meeting

What International Law Values American Society of International Law April 12–15, 2017 Washington, DC

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VOLUME 17 | NUMBER 4 | OCTOBER 2018

WORLD TRADE REVIEW Do Anti-dumping Duties Still Matter? The Curious Case of Aluminum Foil SHUSHANIK HAKOBYAN

557

The Treatment of Regulatory Convergence in Preferential Trade Agreements RODRIGO POLANCO LAZO AND PIERRE SAUVÉ

575

Appellate Body Report on EU−Biodiesel: The Future of China’s State Capitalism under the WTO Anti-Dumping Agreement WEIHUAN ZHOU

609

The Politics of ‘Dolphin-Safe’ Tuna in the United States: Policy Change and Reversal, Lock-in and Adjustment to International Constraints (1984–2017) RODRIGO FAGUNDES CEZAR

635

VOLUME 17 | NUMBER 4 | OCTOBER 2018

T R A N S N A TTrade I OMeasures N A Lto Prevent E N Illegal V I RFishing O NandMtheEWTO: N TA L L A W An Analysis of the Settled Faroe Islands Dispute KATHLEEN AULD

665

Case Summaries: WTO Disputes

European Union – Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan (EU–PET (Pakistan) ), DS486

MARIA ALCOVER

Russia – Anti-Dumping Duties on Light Commercial Vehicles from Germany (Russia–Commercial Vehicles ) (DS479)

KHOLOFELO KUGLER

European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (EC and Certain Member States–Large Civil Aircraft ) (DS316)

693

696

KHOLOFELO KUGLER

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Reviewers: World Trade Review 2018

707

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