CUP_Law_TXB_2019

Higher Education

Law

2019 Catalogue

Law Textbooks Cambridge University Press has an established collection of authoritative and stimulating law textbooks for undergraduate and postgradute students from world-class authors.

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Contents COMPARATIVE LAW Comparative Law

5

CONSTITUTIONAL AND ADMINISTRATIVE LAW Administrative Law in Hong Kong

6

CORPORATE LAW Corporate Insolvency Law

7

DISPUTE RESOLUTION, MEDIATION AND ARBITRATION The Principles and Practice of International Commercial Arbitration

8

9

ENVIRONMENTAL LAW European Environmental Law

International Environmental Law

Principles of International Environmental Law The International Law on Climate Change

International Human Rights Law Documents

General Principles of the European Convention on Human Rights

The International Law of the Sea

FAMILY LAW

The Peaceful Settlement of International Disputes The Use of Force and International Law

A Critical Introduction to International Criminal Law

27 28

International Human Rights Law

HUMANITARIAN LAW International Humanitarian Law

19

War, Aggression and Self-Defence

21

20

Atiyah's Accidents, Compensation and the Law

Originalism as Faith

41

Lawyering from the Inside Out

42

Artificial Intelligence and Legal Analytics Comparative Religious Law Corporate Friction Enhanced Beings

Copyrighting God

The Law of Failure

29 31

Revisiting the Vietnam War

33

The Human Right to a Healthy Environment

42 42 43 43 43 44 44 44

30

Privacy as Trust

32

Foreclosed 45

34

The Sociology of Law and the Global Transformation of Democracy

35 36 38 39

TORT LAW 18

41

A Handbook on the WTO Dispute Settlement System 41

Lessons from the Clean Air Act

An Introduction to International Criminal Law and Procedure 37 International Criminal Law Documents

A Debt Against the Living

Darkness Now Visible

PUBLIC INTERNATIONAL LAW

13

17

25

Jurisprudence 26

12

16

International Humanitarian Law

Learning Law

International Law

15

23

LAW: GENERAL INTEREST

11

European Union Law

The Cambridge Companion to Family Law

24

International Law

14

European Union Law

The Law and Policy of the World Trade Organization

The International Law on Foreign Investment

10

EUROPEAN LAW European Company Law

22

International and European Disability Law and Policy

EU Treaties and Legislation

SUPPLEMENTARY READING

International Investment Law and Arbitration

International Dispute Settlement

EMPLOYMENT LAW Labour Law

INTERNATIONAL ECONOMIC AND TRADE LAW, WTO LAW

40

The Willing World

45 45 46 46 46

2ND EDITION

Comparative Law Mathias Siems University of Durham

Comparative Law offers a thorough grounding for students and scholars of the subject, covering essential academic debates and comparative law methodology. Critically debating both traditional and modern approaches to the subject, the new edition includes a wider range of examples and further discussion of the global dimension of comparative law.

• Revised and updated throughout to reflect contemporary research • Further practical examples illustrate how the subject can be applied • Offers a global perspective by referencing various legal systems • Includes online supplement, available at http://www.comparinglaws.blogspot.com

Law in Context

2018 247 x 174 mm 528pp 15 b/w illus. 21 tables 9781107182417 | £78.99 / US$110.00 HB 9781316633557 | £34.99 / US$48.99 PB

www.cambridge.org/lawtextbooks

Contents

1. Introduction; Part I. Traditional Comparative Law: 2. The comparative legal method; 3. Common law and civil law; 4. Mapping the world's legal systems; Part II. Extending the Methods of Comparative Law: 5. Postmodern comparative law; 6. Socio-legal comparative law; 7. Numerical comparative law; Part III. Global Comparative Law: 8. Legal transplants; 9. Convergence, regionalisation, and internationalisation; 10. From transnational law to global law; 11. Comparative law and development; Part IV. Comparative Law as an Open Subject: 12. Implicit comparative law; 13. Reflections and outlook.

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5

COMPARATIVE LAW

6

CONSTITUTIONAL AND ADMINISTRATIVE LAW

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Administrative Law in Hong Kong Stephen Thomson City University of Hong Kong

Provides the most comprehensive and up-to-date coverage of administrative law in Hong Kong. Includes original commentary across the field, from judicial review and administrative tribunals, to the Ombudsman and subsidiary legislation. Essential reading for practitioners, academics and students in common law jurisdictions and Greater China.

• Provides a comprehensive and up-to-date coverage of administrative law in the Hong Kong Special Administrative Region (HKSAR) • Shows how administrative law in the HKSAR relates to the rule of law, common law tradition and broader legal system, helping readers to understand administrative law in its broader context • Offers a complete overview with academic and practical analysis giving readers a thorough and balanced understanding of administrative law in the HKSAR

2018 247 x 174 mm 420pp 3 tables 9781108400329 | £35.99 / US$49.99 PB

This closely focussed and precise account of administrative law in Hong Kong will prove very useful to the student approaching the examinations or practitioner wrestling with a difficult judicial review. Well and clearly written this book will surely make its mark.

Dr Thomson deserves the gratitude of the profession."

Christopher F. Forsyth,

Sir David Williams Professor of Public Law, University of Cambridge

Contents Foreword; Preface; Table of legislation; Table of international treaties and instruments; Table of cases; List of abbreviations; 1. Introduction; Part I. The Constitutional and Administrative Context: 2. Governance and administration in Hong Kong; 3. The constitutional foundation of judicial review in Hong Kong; Part II. Judicial Review: The Leave Stage: 4. The leave stage: principles and procedure; 5. Delay; 6. Standing; 7. Judicial review and the public/ private divide; 8. Statutory exclusion of review, non-justiciability and variable intensity of review; 9. Arguability and qualitative filtering; Part III. The Grounds of Judicial Review: 10. Overview of the grounds of judicial review; 11. Excess of power, the limits of discretionary power and non-compliance with statute; 12. Improper purposes, improper motives and abuse of power; 13. Relevance of considerations; 14. Insufficient retention of discretion: unlawful delegation, divestiture and relinquishment; 15. Fettering of discretion; 16. Error of fact and error of law; 17. Legitimate expectations; 18. Unreasonableness and irrationality; 19. Procedural fairness, procedural impropriety and natural justice; Part IV. Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation: 20.

Remedies in judicial review; 21. Administrative tribunals and administrative complaints; 22. Other remedial mechanisms; 23. Subsidiary legislation; Index. www.cambridge.org/lawtextbooks

Corporate Insolvency Law

3RD EDITION

Perspectives and Principles

Vanessa Finch

London School of Economics and Political Science

David Milman Lancaster University

This new edition builds on the unique analytical framework from previous editions, outlining the values to be served and the need to further both corporate and broader social ends. Offering a new and contextual approach to corporate insolvency laws and processes, this text is suitable for advanced undergraduate and graduate students, professionals and academics.

• A substantially revised edition that takes on board the latest legal changes in law and practice, dealing with the era following the consolidation of the rescue culture in the UK, the rise of the pre-packaged administration, and the substantial replacement of administrative receivership with administration • Links theory and practice whilst offering a critical approach that challenges conceptual underpinnings and draws on disciplines beyond the law • This edition is centred on developing and applying consistent theories to ensure that corporate insolvency law achieves its proper purchases

2017 247 x 174 mm 838pp 9781107039919 | £150.00 / US$185.00 HB 9781107629554 | £49.99 / US$64.99 PB

www.cambridge.org/lawtextbooks

Contents

Part I. Agendas and Objectives: 1. The roots of corporate insolvency law; 2. Aims, objectives and benchmarks; Part II. The Context of Corporate Insolvency Law: Financial and Institutional: 3. Insolvency and corporate borrowing; 4. Corporate failure; 5. Insolvency practitioners and turnaround professionals; Part III. The Quest for Turnaround: 6. Rescue; 7. Informal rescue; 8. Receivers and their role; 9. Administration; 10. Pre-packaged administrations; 11. Company arrangements; 12. Rethinking rescue; Part IV. Gathering and Distributing the Assets: 13. Gathering the assets: the role of liquidation; 14. The pari passu principle; 15. Bypassing pari passu; Part V. The Impact of Corporate Insolvency: 16. Directors in troubled times; 17. Employees in distress; 18. Cross border insolvency; 19. Conclusion.

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CORPORATE LAW

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8

DISPUTE RESOLUTION, MEDIATION AND ARBITRATION The Principles and Practice of International Commercial Arbitration Margaret L. Moses

Loyola University School of Law, Chicago

This book provides the reader with immediate access to understanding the world of international arbitration by explaining how and why arbitration works. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines.

• Covers the latest changes in arbitration laws, rules and guidelines • Short and readable, and includes comments of arbitrators and counsel on their views and experience of arbitration • Provides a comprehensive overview of international commercial arbitration

2017 228 x 152 mm 432pp 9781107151871 | £96.00 / US$120.00 HB 9781316606285 | £29.99 / US$37.99 PB

3RD EDITION

Reviews of previous edition: This book is the best up-to-date introduction to international commercial arbitration, including investment arbitration, that is available."

Christopher R. Seppälä,

Partner, White Case LLP, Paris

"[Moses] introduces the world of international commercial arbitration to legal practitioners, their clients, and students in the field … comprehensive and yet concise, a combination that serves readers well."

Cindy Fazzi,

Dispute Resolution Journal

Contents 1. Introduction to international commercial arbitration; 2. The arbitration agreement; 3. Drafting the arbitration agreement; 4. Applicable laws and rules; 5. Judicial assistance for arbitration; 6. The tribunal; 7. The arbitral proceedings; 8. The award; 9. Attempts to set aside an award; 10. Enforcement of the award; 11. Investment arbitration.

www.cambridge.org/lawtextbooks

2ND EDITION

Labour Law Hugh Collins

London School of Economics and Political Science

K. D. Ewing King's College London

Aileen McColgan King's College London

Labour Law offers a comprehensive and critical account of the subject and includes both collective labour rights and individual employment rights. Fully updated with recent developments in the field, the text’s clear structure, logical chapter organisation, and uncluttered text design combine to make it a truly accessible way into the subject. Suitable for undergraduates and postgraduates studying UK Labour and Employment law, this book is a must-read for those wishing to excel in the field.

• Definitive account of the subject by the UK’s foremost labour law scholars • Comprehensive text and integrated materials fully equip the student • Case studies illustrating labour law 'in action' and placing the law in its social, economic, and political contexts ensure full engagement and understanding Law in Context

Contents 2019 245 x 174 mm 1000pp 9781316515747 | c. £80.00 / US$135.00 HB 9781108462211| c. £38.00 / US$65.00 PB

www.cambridge.org/lawtextbooks

Part I. Introduction: 1. Nature and sources of labour law; 2. Globalisation and labour law; Part II. The Contract of Employment: 3. Terms of the contract of employment; 4. Authority and co-operation; 5. Flexibility and precarious work; 6. The personal scope of labour law; Part III. Statutory Regulation of the Employment Relationship: 7. Wages; 8. Working time; 9. Equality; 10. Work/life balance; 11. Civil liberties at work; Part IV. Collective Labour Rights: 12. Freedom of association and the right to organise; 13. Freedom of association and trade union autonomy; 14. The right to bargain collectively; 15. The right to be informed and consulted; 16. Collective action and the right to strike; 17. Liability for collective action; Part V. Termination of Employment: 18. Wrongful dismissal; 19. Unfair dismissal; 20. Economic dismissal.

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EMPLOYMENT LAW

10

ENVIRONMENTAL LAW

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European Environmental Law Suzanne Kingston University College Dublin

Aleksandra Čavoški University of Birmingham

Veerle Heyvaert

London School of Economics and Political Science

European Environmental Law provides a critical and comprehensive account of the key issues in European environmental law and adopts a contextual interdisciplinary approach. Written by leading scholars, it examines increasingly important fields such as climate change law and environmental human rights law, as well as traditional environmental law topics.

• U ses a contextual, critical and interdisciplinary approach to engage students and help them understand the broader role and importance of environmental issues • O ffers an accessible overview of key features of EU law to aid student understanding of their relevance to environmental law and policy • Allows students to contextualise the outcomes of legal rules and their impact on public and private behaviour by linking theory with practical applications • P rovides a comprehensive and definitive account of EU environmental law, examining rapidly emerging fields alongside traditional environmental law topics

2017 247 x 174 mm 558pp 9781107014701 | £79.99 / US$99.99 HB 9781107640443 | £36.99 / US$44.99 PB

This essential text for students of EU environmental law locates substantive and increasingly vital areas of the law, ranging from climate change to nature conservation, in a highly contextual setting centred on the governance of law and science."

Robert Lee,

Birmingham University

"This is a major contribution to the literature in terms of clarity, scope and analytical depth.

It will certainly be an important resource for academics and practitioners working in the field. At a time when many have lost sight of the value of EU law, this book reminds us of the reach and sophistication of EU environmental law, which the rest of the world sees as a model.'

Jorge E. Viñuales,

University of Cambridge

Contents

1. The foundations of EU environmental law: history, aims and context; 2. Actors and instruments; 3. Principles in EU environmental law; 4. Techniques of regulating the environment; 5. Environmental rights in Europe; 6. Public enforcement of EU environmental law; 7. Private enforcement of EU environmental law; 8. Climate change; 9. Air pollution and industrial emissions; 10. EU water law; 11. Impact assessment; 12. Nature and biodiversity protection; 13. Technological risk regulation: chemicals, genetically modified organisms and nanotechnology; 14. Waste.

www.cambridge.org/lawtextbooks

ENVIRONMENTAL LAW 2ND EDITION

Pierre-Marie Dupuy

Graduate Institute of International Studies, Geneva

Jorge E. Viñuales University of Cambridge

Detailed references and numerous figures and tables provide a conceptually clear understanding of contemporary international environmental law suitable for practicing and academic international lawyers who want an accessible, upto-date and legally rigorous introduction to the subject, as well as non-lawyers seeking a concise introduction.

• A concise and conceptually clear introduction to a complex subject that engages with technical aspects that some books avoid to ensure full understanding • P recise and clear language makes international environmental law accessible to those new to the subject • C overs emerging and contemporary topics such as the 2030 Agenda for Sustainable Development, the Kigali Amendment to the Montreal Protocol, the Paris Agreement on Climate Change, biodiversity beyond national jurisdiction, foreign investment and the environment, environmental migration, climate change and human rights, technology diffusion, and environmental security in post-conflict settings

2018 247 x 174 mm 594pp 36 b/w illus. 1 table 9781108423601 | £74.99 / US$105.00 HB 9781108438117 | £34.99 / US$48.99 PB

www.cambridge.org/lawtextbooks

Contents

Introduction; Part I. Foundations: 1. Emergence and development of international environmental law; 2. Main features of international environmental law; 3. The principles of international environmental law; Part II. Substantive Regulation: 4. Oceans, seas and freshwater; 5.

Atmosphere; 6. Biological diversity; 7. Dangerous substances and activities; Part III. Implementation: 8. Traditional approaches: responsibility/ liability/adjudication; 9. Alternative approaches - facilitation and management of 'noncompliance'; Part IV. Interactions with Other Branches: 10.

Interactions with human rights law; 11. Interactions with the law of armed conflict; 12. Interactions with international economic law.

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International Environmental Law

11

12

ENVIRONMENTAL LAW

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Principles of International Environmental Law Philippe Sands University College London

Jacqueline Peel University of Melbourne

with Adriana Fabra and Ruth MacKenzie A comprehensive account of one of the fastest growing areas of international law: principles and rules relating to environmental protection. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for students, academics and practitioners.

• The leading textbook in an area of growing importance and complexity, Principles of International Environmental Law is an essential guide for students and practitioners of international environmental law • Contains a new chapter on climate change addressing the significant developments in the field, including the Paris Climate Agreement • Presents critical commentary on some of the world's most pressing and growing problems including climate change, biodiversity and regulating pollution and waste • Looks at the contribution made by different groups - governments, courts and non-state actors - for a full understanding of the protagonists involved

4TH EDITION

Principles of International Environmental Law remains the definitive treatise on this vitally important area of international law. The international community faces unprecedented environmental challenges and this work provides a comprehensive assessment of the capacity of environmental norms and institutions to address these threats."

Tim Stephens,

University of Sydney Law School

"Simply put, this is exactly the book that will allow international environmental law to escape its specialist field billing and to capture the wide attention of all those seeking to understand law and its relationship to the future of this planet."

Natasha Affolder,

University of British Columbia

Contents 2018 246 x 189 mm 1032pp 4 tables 9781108420952 | £110.00 / US$150.00 HB 9781108431125 | £49.99 / US$69.99 PB

Part I. The Legal and Institutional Framework: 1. The environment and international society: issues, concepts and definitions; 2. History; 3. Governance: states, international organisations and non-state actors; 4. International law-making and regulation; 5. Compliance: implementation, enforcement, dispute settlement; Part II. Principles and Rules Establishing Standards: 6. General principles and rules; 7. Atmospheric protection; 8. Climate change; 9. Freshwater resources; 10.

Biological diversity; 11. Oceans, seas and marine living resources; 12. Hazardous substances and activities, and waste; 13. The Polar regions: Antarctica and the Arctic; Part III. Techniques for Implementing International Principles and Rules: 14. Environmental impact assessment; 15. Environmental information and technology transfer; 16. Liability for environmental damage; Part IV. Linkage of International Environmental Law and Other Areas of International Law: 17. Human rights and international humanitarian law; 18. International economic law: trade, investment and intellectual property; 19. Future developments. www.cambridge.org/lawtextbooks

13

The International Law on Climate Change Benoit Mayer

The Chinese University of Hong Kong

A comprehensive overview of the international law on climate change. This textbook is accessible to both undergraduate and graduate students studying climate, environmental or international law, and also suitable as a resource material for graduate students and scholars in the field.

• An interdisciplinary treatment of climate change, clarifying its scientific, economic and political underpinnings • A clear and accessible writing style outlines simple step-by-step developments enabling students to understand the complexity of a quartercentury of extremely intense negotiations • Differing and opposing views are discussed and evaluated, encouraging students to critically engage with the topics and develop their skills in debating and argumentative essay writing

LAW

ENVIRONMENTAL LAW

Comprehensive and thought-provoking, written in multiple perspectives. It is essential reading for academics and practitioners of international law in tackling the challenges of climate change and protecting the atmosphere in the twenty-first century."

Shinya Murase,

Special Rapporteur on the 'Protection of the Atmosphere', UN International Law Commission

"International climate change law has gradually come to reflect the complexity of the problem it seeks to address. Uncovering the why, how, where and what of international law on climate change, this book forms essential reading for anyone looking for an incisive analysis of how to tackle one of the defining challenges of our time."

Harro van Asselt,

University of Eastern Finland

2018 234 x 156 mm 332pp 9781108419871 | £94.99 / US$125.00 HB 9781108412292 | £29.99 / US$39.99 PB

www.cambridge.org/lawtextbooks

Contents

1. Introduction; 2. The rationale for international action on climate change; 3. The UNFCCC regime, from Rio to Paris; 4. Relevant developments in other regimes; 5. Relevant norms of general international law; 6. Differentiation; 7. International action on climate change mitigation; 8. Flexibility mechanisms; 9. Geoengineering; 10. International action on climate change adaptation; 11. Loss and damage; 12. International support; 13. Ambition and compliance; 14. Adjudication; 15. Non-state actors; 16. International law in times of climate change.

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EUROPEAN LAW 2ND EDITION

EU Treaties and Legislation Robert Schütze University of Durham

This fully updated text is a collection of the essential primary and secondary law of the European Union that quickly and effectively guides students to the material they need during exams and lectures. Part I contains the European Union's primary law in consolidated form. Part II offers a selection of the essential pieces of European Union legislation in five core areas of particular importance to undergraduate and graduate studies, namely: the EU institutions, the internal market, competition law, social policy and consumer protection. This update takes Brexit into account, with a new section providing an overview of the Brexit-relevant British statutes.

• Presents a judicious selection of legislation • Written in a clear and organised manner with a sensible structure • Focuses on United Kingdom statutes, including Brexit legislation • Contains a complementary European Union law textbook

2018 247 x 174 mm 793pp 9781108456593 | £14.99 / US$20.99 PB

Contents

Part I. Union Primary Law; Part II. Union Secondary Law.

www.cambridge.org/lawtextbooks

European Company Law Text, Cases and Materials

Nicola de Luca

Libera Università Internazionale degli Studi Sociali Guido Carli, Roma

Taking a text, cases and materials approach, this is the first and only student textbook on European company law, providing an insight into the subject and shedding light on its future development. An essential resource for the growing number of graduate courses on European company law, European business law, and comparative corporate law.

• Provides the first and only student textbook covering the subject of European company law • Approaches the subject from a text, cases and materials perspective • Includes all European company law sources, highlighting relevant excerpts

2017 247 x 174 mm 528pp 9781107184183 | £74.99 / US$130.00 HB 9781316635377 | £37.99 / US$64.99 PB

www.cambridge.org/lawtextbooks

Contents

Part I. The Origins and Future of ECL: 1. TFEU provisions on company law; 2. The company law directives; 3. Uniform company law; 4. Simplifying and modernising ECL; Part II. The Right of Establishment: 5. Primary establishment in ECJ case law; 6. Secondary establishment in ECJ case law; 7. New legislative trends; Part III. Formation: 8. The setting-up of a NewCo; 9. The formation of an SE; Part IV. Finance and Accounts: 10. Legal capital and capital formation; 11. Capital maintenance; 12. Annual and consolidated accounts; Part V. Corporate Governance: 13. Corporate governance; 14. Management and control; 15.

General meeting; 16. Protection of minorities and equal treatment of shareholders; Part VI. Capital Markets and Takeover Regulation: 17. Capital markets; 18.

Takeover regulation; Part VII. Merger, Division, Dissolution and Insolvency: 19. Merger and division; 20. Dissolution and insolvency.

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EUROPEAN LAW

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EUROPEAN LAW European Union Law

2ND EDITION

Robert Schütze University of Durham

Written with exceptional clarity, European Union Law examines all the core constitutional and substantive topics of EU law, and includes Brexit coverage.

Learning is supported by numerous case extracts, suggestions for further reading and more than 100 visual aids. A companion website features full ‘Lisbonised’ versions of the cited cases.

• A Brexit chapter covers the negotiation process and the possible future relationships between the United Kingdom and the European Union • Features over 100 figures and tables clarifying complex topics and illustrating relationships and processes • Combines straightforward explanation with scholarly analysis, highlighting theoretical approaches and key academic debates

Contents 2018 247 x 174 mm 1000pp 97 b/w illus.

9781108470094 | £100.00 / US$140.00 HB 9781108455206 | £39.99 / $59.99 PB

Part I. Constitutional Foundations: 1. Constitutional history: from Paris to Lisbon; 2. Constitutional nature: a federation of states; 3. European law I: nature – direct effect; 4. European law II: nature – supremacy/pre-emption; 5. Governmental structure: Union institutions I; 6. Governmental structure: Union institutions II; Part II. Governmental Powers: 7. Legislative powers: competences and procedures; 8. External powers: competences and procedures; 9. Executive powers: competences and procedures; 10. Judicial powers I: (centralised) European procedures; 11. Judicial powers II: (decentralised) national procedures; 12. Judicial powers III: EU fundamental rights; Part III. Substantive Law: 13. Free movement of goods I: negative integration; 14. Free movement of goods II: positive integration; 15. Free movement of persons: workers and beyond; 16. Free movement of services and capital; 17. Competition law: private undertakings; 18.

Internal policies: an overview; 19. Brexit and the Union: past, present, future; 20. Appendices: how to study European law. www.cambridge.org/lawtextbooks

European Union Law: Text Cases and Materials Damian Chalmers National University of Singapore

Gareth Davies

Vrije Universiteit, Amsterdam

Giorgio Monti

European University Institute, Florence

The new edition reflects the challenges facing the European Union now, with dedicated chapters on Brexit, the migration crisis and the euro area, and with further Brexit materials and analysis integrated wherever relevant. Materials from case law, legislation and academic literature are integrated throughout to present the student with the broadest range of views and deepen understanding of the context of the law. A dedicated site introduces students to the wide -ranging debates found in blogs on EU law, EU affairs more generally and Brexit. This is a required text for all interested in European Union law.

• Sets out a wide range of legal and non-legal materials that encourage students to see why EU law matters and why it is controversial.

4TH EDITION

Advance praise:

This book has rapidly established itself as one of the leading texts in a crowded field. Its combination of insightful analysis and judiciously selected quotations from primary and secondary sources has proved very attractive to readers at all levels."

Anthony Arnull,

University of Birmingham

• A dedicated website accompanies the textbook, comprising all the significant blogs and websites on the European Union, thereby allowing access to wider debates.

• Provides chapters on the most polarizing currents events within the EU: the Mediterranean migration crisis, the euro crisis and Brexit.

Contents 2019 246 x 189 mm 1000 pp 9781108463591 | c. £43.99 / c. $74.99 PB

www.cambridge.org/lawtextbooks

1. European Integration and the Treaty on European Union; 2. The EU Institutions; 3.Law-making; 4. The EU Judicial Order; 5. The Authority of EU Law; 6.

Fundamental Rights; 7. Rights and Remedies in National Courts; 8. The Infringement Proceedings; 9. Judicial review; 10.Brexit; 11. Citizenship of the Union; 12. Non-EU Nationals; 13. Equal Opportunities Law and Policy; 14. The Internal Market; 15. Economic and Monetary Union; 16. The Free Movement of Goods; 17. The Free Movement of Services; 18. The Pursuit of an Occupation in Another Member State; 19. Trade restrictions and Public Goods; 20. EU Competition Law: Function and Enforcement; 21. Antitrust and Monopolies; 22. State Aid Law.

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EUROPEAN LAW

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FAMILY LAW The Cambridge Companion to Comparative Family Law Shazia Choudhry Queen Mary University of London

Jonathan Herring University of Oxford

In the face of rapid changes in social norms, demographics and political expectations, families and family law have faced significant challenges. This book takes a jurisdictional approach and explores how different countries have tackled these issues. It is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world, and how they have been addressed.

• A wide range of jurisdictions are represented in the book and common themes are identified.

• Includes contributions from a wide range of academics from all over the world.

• Provides students with a diverse range of cultures and backgrounds

2018 294pp 228x152mm 9781107167537 | £69.99 / US$109.99 HB 9781316618059 | £26.99 / US$44.99 PB

Contents

Introduction; 1. Contemporary Issues in Family Law in England and Wales; 2. Family Law in the United States; 3. Human Rights in the Family Law Context; 4. Australian family property law: ‘Just and equitable' outcomes?; 5. Towards the constitutionalization of Family Law in Latin America; 6. The Nuclear Norm and the Free-form Family – Irreconcilable Paths in Swedish Family Law? 7. South African Family Law and The Chimera Of Diversity; 8. The Post-divorce Child Support System in China: Past, Present and Future; 9. The Problem with Personal Law; 10. The Post-Colonial Fallacy of ‘Islamic' Family Law

www.cambridge.org/lawtextbooks

19

HUMANITARIAN LAW

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International Humanitarian Law Emily Crawford and Alison Pert University of Sydney

This clear and concise textbook provides an accessible and up-to-date examination of international humanitarian law. With the aid of detailed examples, extracts from relevant cases, and useful discussion questions, students are expertly guided through the text. A recommended reading list is included in every chapter to support deeper engagement with the material. Emerging trends in theory and practice are also explored, allowing readers to build on their knowledge and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.

• Case studies and other real-life examples illustrate how the law is observed in practice • Each chapter and subject is contextualized with relevant historical, social, and political background, to help students better understand how international humanitarian law regulates the conduct of participants in armed conflict • Chapter introductions and end-of-chapter reading lists support further understanding of the subject

2015 252 x 178 mm 325pp 9 b/w illus.

9781107116177 | £78.99 / US$126.00 HB 9781107537095 | £42.99 / US$64.99 PB

www.cambridge.org/lawtextbooks

Contents

Crawford and Pert have accomplished the seemingly impossible: produced a text on IHL that matches its concise explanations with real scholarly sophistication. It also deftly combines the history of the legal regulation of warfare with the most cutting edge controversies of the field, including drones, targeted killings, and cyberwar. It will be as useful to students as it is to scholars, and has earned a permanent place on my desk."

Jens David Ohlin, Cornell Law School

1. Historical development of international humanitarian law; 2. The contemporary legal basis of international humanitarian law and its fundamental principles; 3. Types of armed conflicts; 4. Individual status in armed conflict – combatants, non-combatants, direct participation in hostilities and prisoners of war; 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.

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HUMANITARIAN LAW

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International Humanitarian Law Cases, Materials and Commentary

Nicholas Tsagourias University of Sheffield

Alasdair Morrison Land Warfare Centre

Written for advanced undergraduate and postgraduate students and practitioners, this book offers a comprehensive, systematic and diverse presentation of international humanitarian law cases and materials accompanied by accessible and targeted commentaries, and is suitable both as a standalone resource and as a supplementary text.

An exceptionally wellstructured, organized and comprehensive collection of cases and materials, which would be very useful for any course on international humanitarian law."

Marko Milanovic,

University of Nottingham

• Offering a comprehensive, thematic and targeted coverage of national and international cases and materials, the book enables students to navigate through jurisprudence with ease • Using real cases as examples, the book successfully balances doctrine with practical application to help students understand how the theories are applied in practice • Combining a comprehensive offering of cases and materials with a critical and targeted commentary, the book helps students to better understand the legal and practical implications of the law and the challenges facing international humanitarian law today

2018 247 x 174 mm 422pp 9781107090590 | £99.99 / US$140.00 HB 9781107462748 | £34.99 / US$49.99 PB

Contents

1. Definition and classification of armed conflicts; 2. Fundamental principles of international humanitarian law; 3. The relationship between international humanitarian law and human rights law; 4. Principle of distinction; 5. Protection of civilians; 6. Protection of prisoners of war; 7. Means and methods of warfare and the law of targeting; 8. Law of neutrality; 9. Law of occupation; 10. The law of non-international armed conflict; 11. Enforcement of international humanitarian law; 12. Command responsibility; Index.

www.cambridge.org/lawtextbooks

HUMANITARIAN LAW

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War, Aggression and Self-Defence

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Yoram Dinstein Tel-Aviv University

War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council.

• The leading textbook on international law of the use of force • Balances clear explanation of basic principles with detailed analysis of key debates • Fully updated in light of recent state practice in armed conflicts, Security Council Resolutions and other texts, cases, treaties and doctrinal debates

2017 228 x 152 mm 438pp 9781107191143 | £100.00 / US$125.00 HB 9781316641668 | £37.99 / US$47.99 PB

www.cambridge.org/lawtextbooks

Contents

Part I. The Legal Nature of War: 1. Armed conflict, war and neutrality; 2. The course of war; Part II. The Illegality of War: 3. Historical perspective of the legal status of war; 4. The contemporary prohibition of the use of inter-state force; 5. The crime of aggression; 6. Controversial consequences of the change in the legal status of war; Part III. Exceptions to the Prohibition of the Use of Inter-State Force: 7. The concept of self-defence; 8. The modalitIies of individual self-defence; 9. Collective self-defence; 10. Collective security.

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INTERNATIONAL ECONOMIC AND TRADE LAW, WTO LAW

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International Investment Law and Arbitration Commentary, Awards and other Materials

Chin Leng Lim The University of Hong Kong

Jean Ho

National University of Singapore

Martins Paparinskis University College London

This book is suitable for advanced courses on the substantive law and procedural aspects of international investment arbitration. Awards and other key materials are accompanied by commentary which explains past, current and potential developments in the context of the changing directions in the arbitral jurisprudence and current reform debates.

• Accessible commentary accompanies key awards and materials • Historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate • Every chapter has questions to test reader understanding as well as a list of further reading to encourage exploration of the subject

2018 247 x 174 mm 578pp 9781107180338 | £99.99 / US$140.00 HB 9781316632208 | £44.99 / US$62.99 PB

Contents

1. The origins of investment protection and international investment law; 2. Investment contracts and internationalisation; 3. The metamorphosis of investment treaties; 4. Investment dispute settlement; 5. Jurisdiction, admissibility and parallel proceedings; 6. Applicable laws; 7. Evidence; 8. Provisional measures; 9. Protected investments; 10. Protected investors; 11. Fair and equitable treatment, and full protection and security; 12. Contingent standards: national treatment and most favoured nation treatment; 13. Expropriation; 14. Umbrella clauses; 15. Defences; 16. Remedies; 17. Costs and legal fees; 18.

Challenging and enforcing awards, and the question of foreign state immunities; 19. New directions in international investment law and arbitration.

www.cambridge.org/lawtextbooks

INTERNATIONAL ECONOMIC AND TRADE LAW, WTO LAW

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The International Law on Foreign Investment

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M. Sornarajah

National University of Singapore

Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the wide discussion during the US presidential election and demonstrations against investor-state arbitration, foreign investment law has gained widespread public attention. Covering recent controversies in every aspect of the subject, The International Law on Foreign Investment remains the most comprehensive text available.

• A comprehensive and fully up-to-date account of the subject offering a holistic overview of the law contextualised by historical, economic and political perspectives • Provides a perfect balance of authoritative overview and thought-provoking analysis • Balances traditional developed country views on foreign investment with the views of developing states to offer competing perspectives

2017 247 x 174 mm 638pp 9781107133624 | £99.00 / US$160.00 HB 9781107590144 | £46.99 / US$59.99 PB

www.cambridge.org/lawtextbooks

Contents

1. Introduction; 2. The shaping factors; 3. Controls by the host state; 4. The liability of multinational corporations and home state measures; 5. Bilateral investment treaties; 6. Multilateral and regional instruments on foreign investment; 7. Settlement of investment disputes: contract-based arbitration; 8. Treatybased investment arbitration: jurisdictional issues; 9. Causes of action: breaches of treatment standards; 10. The taking of foreign property; 11. Compensation for nationalisation of foreign investments; 12. Defences to responsibility.

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INTERNATIONAL ECONOMIC AND TRADE LAW, WTO LAW 4TH EDITION

The Law and Policy of the World Trade Organization Text, Cases and Materials

Peter Van den Bossche University of Bern

Werner Zdouc University of Barcelona

Retaining its signature clarity and depth, this fully updated edition of the market-leading World Trade Organization (WTO) textbook covers both the institutional and substantive law of the WTO. The Law and Policy of the World Trade Organization is required reading for all WTO law students and practitioners.

Questions, assignments and online exercises aid student understanding and engagement.

• Retains the comprehensive coverage, rigorous analysis and pedagogical features which ensures its market leading status • A new online supplement includes questions and assignments to help students assess their understanding and develop useful practical skills • Focusses on key basic principles and the underlying logic of WTO law and the world trading system

2017 247 x 174 mm 1122pp 9781107157989 | £125.00 / US$155.00 HB 9781316610527 | £49.99 / US$64.99 PB

This is a stellar work on WTO Law, which I have been using to great effect with my students since the very first edition. It keeps getting better, without growing out of bounds. This in itself is a remarkable achievement given the increasing breadth and depth of WTO jurisprudence.

Warmly recommended."

Marco Bronckers,

Universiteit Leiden, The Netherlands

"Van den Bossche's and Zdouc's expansive knowledge of WTO law is unparalleled, just as their ability to convey often difficult concepts with clarity and charisma is industry-leading. This book is highly recommended as an invaluable resource for international trade law scholars, practitioners, and policy-makers at all levels."

David Collins,

City University of London

Contents

1. International trade and law of the WTO; 2. The World Trade Organization; 3. WTO Dispute Settlement; 4. Most favoured nation treatment; 5. National treatment; 6. Tariff barriers; 7. Non-tariff barriers; 8. General and security exceptions; 9. Economic emergency exceptions; 10. Regional trade exceptions; 11. Dumping; 12. Subsidies; 13. Technical barriers to trade; 14. Sanitary and phytosanitary measures; 15. Intellectual property rights; 16. Future challenges to the WTO and the multilateral trade system.

www.cambridge.org/lawtextbooks

LAW: GENERAL INTEREST

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Learning Law

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Anthony Marinac

Rhianna Chisholm

Brian Simpson

Jennifer Nielsen

Caroline Hart

Michael Brogan

Central Queensland University

University of New England, Australia University of Southern Queensland

Curtin University, Perth

Southern Cross University, Australia University of Western Sydney

Learning Law is an indispensable guide for students beginning their law studies.

It provides the foundational knowledge and skills required for the study and practice of law, and instils in students a passion for the law. It is written in an engaging and accessible style designed to demystify the law.

• Written in an engaging style that is designed to demystify the law and get students excited about their law studies and careers • Includes a fully integrated interactive ebook, replete with useful links and videos as well as extension and revision questions that allow students to test their own knowledge as they go • Encourages students to think critically about the future of the law profession by including an 'Alternative Voice' boxed feature for each chapter and 'Living Law' case studies that highlight the diversity of career opportunities available to law graduates

2018 255 x 190 mm 348pp 31 colour illus. 4 tables 9781316642795 | £80.00 / US$115.00

www.cambridge.org/lawtextbooks

Contents

Part I. Law, Lawyers and Justice: 1. Welcome to the law; 2. History and justice; 3. Parliaments and courts; Part II. Learning the Laws: 4. Categories of law; 5. Law made by judges; 6. Law made by parliaments; Part III. Research and Persuasion: 7. Frameworks for legal thinking; 8. Analysing and persuading; 9. Grappling with facts; Part IV. Profession and Community: 10. The ethical lawyer; 11. Equality, difference and law; 12. Lawyering in the digital world; 13. Influencing the law.

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LAW: GENERAL INTEREST 3RD EDITION

Jurisprudence Suri Ratnapala University of Queensland

Offers a logically structured, comprehensive, well-researched and accessible overview of legal theory and philosophy. Written primarily for undergraduate students, this text examines and demystifies the discipline's major ideas, and promotes a richer understanding of the social, moral and economic dimensions of the law.

• A logically structured, comprehensive, well-researched and accessible overview of legal theory and philosophy • Presents highly readable text written in engaging prose which locates the major traditions of jurisprudence within the history of ideas • Fully revised and updated, with new materials on all topics

2017 228 x 152 mm 470pp 26 b/w illus 9781316621172 | £39.99 / US$49.99 PB

Contents

1. Introduction; Part I. Law As It Is: 2. British legal positivism: philosophical roots and command theories; 3. Herbert Hart's new beginning and new questions; 4. Germanic legal positivism: Hans Kelsen's quest for the pure theory of law; 5. Realism in legal theory; Part II. Law and Morality: 6. Natural law tradition from antiquity to the Enlightenment; 7. John Finnis' restatement of classical natural law; 8. Separation of law and morality; Part III. Social Dimensions of Law: 9. Sociological jurisprudence and sociology of law; 10. Radical jurisprudence: challenges to liberal legal theory; 11. Economic analysis of law; 12. Evolutionary jurisprudence; Part IV. Rights and Justice: 13. Fundamental legal conceptions: the building blocks of legal norms; 14. Justice.

www.cambridge.org/lawtextbooks

6TH EDITION

International Dispute Settlement J. G. Merrills University of Sheffield

The fully updated sixth edition of this successful textbook explains the legal and diplomatic techniques and organizations used to solve international disputes, how they work and when they are used.

Using numerous examples, it shows the strengths and weaknesses of different methods. It is an essential resource for international dispute settlement courses.

• P rovides a guide to the tools of international dispute settlement - diplomatic and legal methods, as well as institutions - what they are, how they work and when they are used • E xamples place the theory of how things are supposed to work in the context of real-life events so that the reader can understand the strengths and weaknesses of different methods in practice • F ully updated to include all the latest case law, as well as new sections on investment arbitration and regional trade disputes

2017 247 x 174 mm 402pp 2 tables 9781107164062 | £75.00 / US$90.00 HB 9781316615737 | £39.99 / US$54.99 PB

www.cambridge.org/lawtextbooks

Contents

1. Negotiation; 2. Mediation; 3. Inquiry; 4. Conciliation; 5. Arbitration; 6. The International Court I: organisation and procedure; 7. The International Court II: the work of the Court; 8. The Law of the Sea Convention; 9. International trade disputes; 10. The United Nations; 11. Regional organisations; 12. Trends and prospects.

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International Human Rights Law Documents Urfan Khaliq Cardiff University

This is an accessible collection of key universal and regional human rights law treaties and other related documents, incorporating Inter-American, African, Asian and Arab instruments alongside older UN documents. Taking a broad and historical approach, It will appeal to students studying international human rights law as well as related courses for which no similar statute book exists: international humanitarian law; law and development; and international labour law.

• Gives the broadest perspective on human rights law and where it comes from by including a wider range of documents • Provides an easily navigable resource for students, with all documents numbered and organized in a logical manner • Assists users with the referencing and citation of documents by including details on where official texts may be found and the adoption of treaties and declarations

2018 247 x 174 mm 852pp 9781316614792 | £14.99 / US$21.99 PB

Contents

Part I. Treaties and Associated Documents Adopted under the Auspices of or Relating to the League of Nations and United Nations; Part II. Declarations, Standard Setting and Other Relevant Documents Adopted under the Auspices of the United Nations Relating Directly to Human Rights Issues; Part III. UN Human Rights Institutions and Complaints Mechanisms and Procedures; Part IV. UN World Conferences and Summits; Part V. International Labour Organisation Documents; Part VI. International Financial Institutions; Part VII. African Union; Part VIII. ASEAN Documents; Part IX. Council of Europe Documents; Part X. Organisation of American States Documents; Part XI. Organisation of Islamic Cooperation, Arab and Islamic States; Part XII. Miscellaneous Documents. www.cambridge.org/lawtextbooks

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General Principles of the European Convention on Human Rights

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PUBLIC INTERNATIONAL LAW

The European Convention of Human Rights is one of the world’s most important and influential human rights documents. This book offers a clear insight into the concepts and principles that are key to understanding the European Convention and the Court's case-law. Core issues discussed are the types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation; positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and requirements for the restriction of Convention rights.

Professor Gerards' book is a splendid contribution to the literature on the European Convention on Human Rights.

With copious quotations from the judgements, the author demonstrates how rich and significant the jurisprudence on Convention principles has become. A must-read for anyone interested in the Strasbourg system and human rights law generally."

• Explains all relevant substantive concepts and principles of ECHR law in a coherent and understandable fashion to enable students to apply them in their professional work

University of Bristol

Janneke Gerards

Universiteit Utrecht, The Netherlands

Steven Greer,

• Uses many examples of the Court's case-law to illustrate the relevance and meaning of the various general principles and concepts • Shows how the ECHR is also relevant to private law cases and contains many aspects of socioeconomic rights, enabling students to see the ECHR's application in various fields of law

2019 246 x 189 mm 290pp 9781108718288 | £29.99 / US$39.99 PB

www.cambridge.org/lawtextbooks

Contents

1. Basics of the Convention system; 2. The Court's overall argumentative approach - mediating between the abstract and the concrete; 3. Principles governing the interpretation and application of Convention rights; 4. Methods of Convention interpretation; 5. Positive and negative obligations; 6. Vertical and horizontal effect; 7. The margin of appreciation doctrine; 8. Justification of restrictions I – lawfulness; 9. Justification of restrictions II - legitimate aim; 10. Justification of restrictions III - necessity, proportionality and fair balance; Index.

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International and European Disability Law and Policy: Text, Cases and Materials Andrea Broderick

Universiteit Maastricht, Netherlands

Delia Ferri

National University of Ireland, Maynooth

The first textbook on international and European disability law and policy. By adopting the principles of the human rights model of disability and the social model, students are equipped with the necessary theoretical and conceptual background on disability, and a comprehensive overview of the legal and policy frameworks on disability • Covers both International and European disability law • Takes the perspective of the social model of disability • Uses a text, cases and materials approach to provide context to students learning in the subject area.

Law in Context

Contents Preface; List of Abbreviations; Table of Legislation; Table of Cases; Table of Figures; Introduction; PART I The International Framework; Chapter 1 -

2019 247 x 174 mm 625pp 9781108418195 | . £105.00 / c. US$145.00 HB 9781108406604 | c. £39.99 / c. US$69.99 PB

Building the Foundations: Disability Theory and Core Themes; Chapter 2 - The Protection of the Rights of Persons with Disabilities under International Human Rights Law before the Adoption of the United Nations Convention on the Rights of Persons with Disabilities; Chapter 3 - The United Nations Convention on the Rights of Persons with Disabilities; Chapter 4 - Equality and Non-Discrimination for Persons with Disabilities; Chapter 5 – Accessibility for Persons with Disabilities; Chapter 6 – Legal Capacity and Human Dignity; Chapter 7 - Persons with Disabilities and the Justice System; Chapter 8 – The Right to Work for Persons with Disabilities; Chapter 9 - Disability Rights, Social Inclusion and Core Policy Issues; PART II The European Union Framework; Chapter 10 - Disability Law and Policy in the European Union; Chapter 11 - Disability Discrimination in European Union Law; Chapter 12 - Accessibility in European Union Law; PART III The Regional Frameworks; Chapter 13 - Disability Law and Policy in the Council of Europe; Chapter 14 – Disability Law and Policy in the Inter-American Human Rights System; Chapter 15 – Disability Law and Policy in the African Human Rights System and in the Asian Transnational Regime; Indexes

www.cambridge.org/lawtextbooks

8TH EDITION

International Law Malcolm N. Shaw

Essex Court Chambers and Lauterpacht Centre for International Law, University of Cambridge

International Law is the definitive text on the subject, suitable for undergraduate students to professional lawyers. Updated to reflect key recent case law, international practice and treaty developments, the author offers an unbeatable combination of academic rigour and clarity of expression to enable both understanding and critical analysis.

• The definitive and authoritative text on the subject, International Law is a student favourite • Comprehensive coverage includes all general principles and key substantive fields such as international economic law and international criminal law • Shaw expresses complex theories clearly without overwhelming the reader

2017 246 x 189 mm 1118pp 9781107188471 | £80.00 / US$100.00 HB 9781316638538 | £39.99 / US$54.99 PB

www.cambridge.org/lawtextbooks

Contents

1. The nature and development of international law; 2. International law today; 3. Sources; 4. International law and municipal law; 5. The subjects of international law; 6. The international protection of human rights; 7. The regional protection of human rights; 8. Individual criminal responsibility in international law; 9. Recognition; 10. Territory; 11. The law of the sea; 12. Jurisdiction; 13. Immunities from jurisdiction; 14. State responsibility; 15.

International environmental law; 16. The law of treaties; 17. State succession; 18. The settlement of disputes by peaceful means; 19. The International Court of Justice; 20. International law and the use of force by states; 21. International humanitarian law; 22. The United Nations; 23. International institution.

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PUBLIC INTERNATIONAL LAW 2ND EDITION

International Law Jan Klabbers University of Helsinki

The new and updated edition of this landmark textbook in the teaching of international law, from one of the world's leading international lawyers, is refreshingly clear and concise, conveying the dynamics of international law through four questions: where does it come from? To whom does it apply? How does it resolve conflict? And what does it say?

• The new and updated edition of this landmark textbook by a leading international law scholar • Gives the broadest perspective on the subject by looking at not only the legal but also the diplomatic and political context • The clear four-part structure guarantees students' understanding

Moving beyond standard presentations of international law as a settled set of rules and practices, and without compromising on rigor and comprehensiveness, Jan Klabbers offers us here a remarkable reflective digest of the foundations, functioning, impact and dynamics of international law. Much more than a textbook: a vision for any student, researcher or practitioner."

Jean d'Aspremont,

University of Manchester

"I'd like to praise its lucidity and coverage, in particular its skilful combination of 'traditional' and 'modern' elements, both in its exposition and critique, linking classic concepts to emerging lines of thinking. It's an outstanding introduction to contemporary international law - and this update ensures it stays so."

Freya Baetens,

University of Oslo, Norway

2017 247 x 174 mm 398pp 9781107141551 | £79.99 / US$99.99 HB 9781316506608 | £33.99 / US$44.99 PB

Contents

Part I. The Structure of International Law: 1. The setting of international law; 2. The making of international law; 3. The law of treaties; 4. The subjects of international law; 5. Jurisdiction, powers and immunities; 6. The individual in international law, including human rights; 7. The law of responsibility; 8. International courts and tribunals; 9. Sanctions, countermeasures and collective security; Part II. The Substance of International Law: 10. Use of force; 11. The law of armed conflict; 12. International criminal law; 13. The seas, the air and outer space; 14. Protecting the environment; 15. The global economy; Part III. The Surroundings of International Law: 16. Domestic courts and their relationship with international law; 17. The politics and ethics of international law and global governance; 18. By way of conclusion.

www.cambridge.org/lawtextbooks

The International Law of the Sea

3RD EDITION

Yoshifumi Tanaka University of Copenhagen

This new edition has been fully revised to include up-to-date coverage of essential issues of the international law of the sea, and covers a number of new and important issues, such as the headline debate of migrant movement across the seas, and the definition of islands in light of the South China Sea arbitration. This book is for students, both undergraduate and postgraduate, as well as practitioners and judges. It is valuable because of its comprehensive and contemporary nature. It also offers systematic knowledge on the law of the sea, helping to develop a perspective on the law.

•­ Includes many figures and tables to enhance comprehension of relevant rules, and to help instructors explain them • Includes comparatively detailed footnotes and further readings, so students can further study relevant issues by reading the suggested documents, and the instructor can also suggest further readings for the preparation for exams • New fully-revised edition with new sections on contemporary issues and new case studies on discussions, such as maritime delimitation, marine environmental protection, and migrant movement across the seas 2019 247 x 174 mm 639pp 12 b/w illust. 6 tables 9781108424219 | c. £85.00 / c. US$110.00 HB 9781108440103 | c. £39.99 / c. US$65.00 PB

www.cambridge.org/lawtextbooks

Contents

Part I. The Divided Oceans: International Law Governing Jurisdictional Zones: 1. Law of the sea in perspective; 2. Baselines and related issues; 3.

Marine spaces under national jurisdiction I: territorial sovereignty; 4. Marine spaces under national jurisdiction II: sovereign rights; 5. Marine spaces beyond national jurisdiction; 6. Maritime delimitation; Part II. Our Common Ocean: Protection of Community Interests at Sea: 7. Conservation of marine living resources; 8. Protection of the marine environment; 9. Conservation of marine biological diversity; 10. Marine scientific research; 11. Maintenance of international peace and security at sea; 12. Land-locked and geographically disadvantaged states; 13. Peaceful settlement of international disputes; 14. Looking ahead; Index

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The Peaceful Settlement of International Disputes Yoshifumi Tanaka University of Copenhagen

Suited for readers studying international law, international relations and conflict resolution, The Peaceful Settlement of International Disputes offers a clear and systematic overview of procedures for dispute settlement in international law.

• Enables students to easily grasp the key concepts and issues in international dispute resolution • Newly developing fields are discussed alongside traditional means of international dispute settlement giving readers a comprehensive overview of the changing nature of the subject

Yoshifumi Tanaka has produced a vibrant, comprehensive and enlighteningly accessible survey of international dispute settlement mechanisms, one that will be attractive for students, practitioners and officials."

Philippe Sands,

University College London

• Figures are used throughout to facilitate easier understanding of the procedures and institutions of international dispute settlement

2018 247 x 174 mm 462pp 27 b/w illus 9781107164277 | £75.00 / US$99.99 HB 9781316615881 | £39.99 / US$51.99 PB

Contents

Part I. Foundation of International Dispute Settlement: 1. International dispute settlement in perspective; 2. Negotiation, good offices and mediation; 3. Inquiry and conciliation; 4. International dispute settlement through the United Nations; 5. Inter-state arbitration; 6. International Court of Justice (I): organisation and jurisdiction of the court; 7. International Court of Justice (II): law and procedure of the court; Part II. International Dispute Settlement in Particular Fields: 8. International dispute settlement in the UN Convention on the Law of the Sea; 9. The WTO dispute settlement system; 10. Peaceful settlement of international environmental disputes; 11. Peaceful settlement of disputes involving non-state actors; 12. The quest for peace in international law.

www.cambridge.org/lawtextbooks

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PUBLIC INTERNATIONAL LAW

Christian Henderson University of Sussex

Written for undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law is a contemporary, comprehensive, and accessible textbook suitable for students studying this topic in a designated module as well as international law, international politics and international relations students more generally.

• Follows a clear and accessible structure to better support lecturers teach their courses and aid student understanding • Clearly lays out the distinction between concepts and terms to enable students to grasp the fundamental distinctions before delving deeper into the subject

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The Use of Force and International Law The book is an excellent example of the 'positivistobjectivist' approach to interpreting the international law on the use of force. The result is a comprehensive and evenhanded treatment of the many complex arguments on the urgent issue of our time, the legality of resort to military force."

Mary Ellen O'Connell

University of Notre Dame, Indiana

• Comprehensive references to primary and secondary sources support student understanding of the breadth of legal resources in the field and aid further research

2018 247 x 174 mm 438pp 1 b/w illus 9781107036345 | £69.99 / US$89.99 HB 9781107692008 | £29.99 / US$39.99 PB

www.cambridge.org/lawtextbooks

Contents

Part I. The Prohibition of the Threat or Use of Force: 1. The general breadth and scope of the prohibition; 2. The meaning of 'force'; Part II. The Use of Force in the Context of Collective Security: 3. The use of force under the auspices of the United Nations; 4. Issues in relation to authorisation by the UN Security Council; 5. Peacekeeping and the use of force; Part III. The Use of Force in Self-Defence: 6. General aspects of the right of self-defence; 7. Preventative selfdefence; 8. Self-defence against non-state actors; Part IV. Forcible Intervention in Situations of Civil Unrest: 9. Consent to intervention and intervention in civil wars; 10. The doctrine of humanitarian intervention; Conclusions.

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PUBLIC INTERNATIONAL LAW A Critical Introduction to International Criminal Law Carsten Stahn Universiteit Leiden

Suitable for both students and practitioners, A Critical Introduction to International Criminal Law explores the various critiques that have emerged in socio-legal scholarship or globalization discourse, through five main themes at the heart of contemporary dilemmas: The shifting contours of criminality and international crimes, the tension between individual and collective responsibility, The challenges of domestic, international, hybrid and regional justice institutions, the foundations of justice procedures. Approaches towards punishment and reparation.

• Takes a problem-oriented approach, treating subjects through core challenges, which invites engagement with real-life challenges and big picture issues • Covers philosophical and scholarly perspectives on core themes of ICL, making it relevant to graduate, post-graduate and Ph.D. students, as well as teachers, scholars and practitioners

This book comes as a gift from heaven for those interested in and concerned about international criminal justice at this critical juncture in time."

Christine Van den Wyngaert

Judge at the Specialist Chambers for Kosovo and formerly judge at the International Court of Justice, International Criminal Tribunal for the former Yugoslavia and the International Criminal Court

• The book is related to a free learning environment, the MOOC on Investigating and Prosecuting International Crimes, offering an additional learning guidance with exercises • This title is also available as Open Access on Cambridge Core

2019 247 x 174 mm 9781108423205 | £24.99 / US$70.00 HB 9781108436397 | £24.99 / US$31.99 PB

Contents

Introduction; 1. International crimes; 2. Individual and collective responsibility; 3. The global institutional architecture; 4. International criminal justice procedures; 5. Remedying wrong; 6. Beyond the status quo: re-thinking international criminal law.

www.cambridge.org/lawtextbooks

An Introduction to International Criminal Law and Procedure Robert Cryer University of Birmingham

4TH EDITION

Sergey Vasiliev Universiteit van Amsterdam

Darryl Robinson Queen’s University, Ontario

Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Suitable for undergraduates and postgraduate students, as well as academics and practitioners in the field, this new edition examines the conceptual, institutional, substantive, and procedural aspects of international criminal law accessibly and analytically.

• Guides readers through international criminal law concepts and their relationship with domestic analogues • The presentations in the book are condensed and can be supplemented with primary sources • An optimal reference source and didactic material in one, marked by both sophistication and accessibility

2019 247 x 174 mm 620pp 9781108481922 | £94.99 / US $125.00 HB 9781108741613 | £39.99 / US$51.99 PB

www.cambridge.org/lawtextbooks

Contents Part I. Introduction: 1. Introduction; 2. The aims, objectives and justifications of international criminal law; Part II. Prosecutions in National Courts: 3. Jurisdiction; 4. National prosecutions of international crimes; 5. State cooperation with respect to national proceedings; Part III. International Prosecution: 6. The history of international criminal prosecutions: Nuremberg and Tokyo; 7. The ad hoc international criminal tribunals; 8. The International Criminal Court; 9. Hybrid and Special Courts; Part IV. Substantive Law of International Crimes: 10. Genocide; 11. Crimes against humanity; 12. War crimes; 13. Aggression; 14. Transnational crimes, terrorism and torture; 15. General principles of liability; 16. Defences/grounds for excluding criminal responsibility; Part V. International Criminal Procedure and Sentencing: 17. International criminal procedure; 18. Victims in the international criminal process; 19. Punishment and sentencing; Part VI. Relationship between National and International Systems: 20. State cooperation with the international courts and tribunals; 21. Immunities; 22. Alternatives and complements to criminal prosecution; 23. The future of international criminal law; Index.

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International Criminal Law Documents Robert Cryer University of Birmingham

This carefully edited text collects the major documents on International Criminal Law, through the early practice after the First World War, the Nuremberg and Tokyo International Military Tribunals up to the present. It includes the statutes of the ad hoc Tribunals for the former Yugoslavia and Rwanda, as well as the Rome Statute of the International Criminal Court and its associated documents, including the elements of crimes that were adopted to assist the Court, and its Rules of Procedure and Evidence. The book also includes the main treaty provisions that provide the basis of the subject. Edited by a specialist in the field with more than twenty years’ experience of teaching international criminal law, this book is designed for practical use by students and practitioners.

• Offers a one-stop resource for the key texts important in International Criminal Law • Suited to students and practitioners alike, providing a companion for study, exam use and practice.

• Edited by a specialist in the field with more than twenty years’ experience of teaching international criminal law.

2019 247 x 174 mm 9781108729086 | £19.99 / US$27.99 PB

Contents

Documents relating to International Criminal Law

www.cambridge.org/lawtextbooks

International Human Rights Law Olivier De Schutter

Université Catholique de Louvain, Belgium

International human rights law has expanded remarkably since the 1990s. It is therefore more important than ever to identify, beyond specific controversies, its deeper structure and the general pattern of evolution. Moreover, it has a logic of its own: though part of international law, it borrows many of its principles from domestic constitutional law. This leading textbook meets both challenges, and remains a popular and essential tool for all students of human rights law.

• The engaging and critical style, combined with new case studies and figures, ensures students gain a deep understanding of this complex subject • Illustrates how different sources of international human rights law interact with one another, leading to the emergence of a comparative ‘common law’ of human rights • Introduces new topics including business and human rights, trade and investment treaties and human rights, and climate change and human rights

2019 247 x 174 mm 8 b/w illus. 1110 pp 9781108463560 | £45.99 / US$62.99 PB

www.cambridge.org/lawtextbooks

Contents

Part I. The Sources: 1. The rise of international human rights; 2. State responsibility and ‘jurisdiction'; Part II. The Substantive Obligations: 3.

Respecting human rights: avoiding interference; 4. Protecting human rights: regulating private actors introduction; 5. Fulfilling human rights: progressive realization; 6. Derogations in time of public emergency; 7. The prohibition of discrimination; Part III. The Mechanisms of Protection: 8. Ensuring compliance with international human rights law: the role of national authorities; 9. The United Nations human rights treaties system introduction; 10. The United Nations charter-based monitoring of human rights; 11. Regional mechanisms of protection.

3RD EDITION

LAW

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PUBLIC INTERNATIONAL LAW

LAW

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TORT LAW Atiyah's Accidents, Compensation and the Law Peter Cane

Australian National University, Canberra

James Goudkamp University of Oxford

Now in its ninth edition, Atiyah's Accidents, Compensation and the Law explores the recent and continuous developments in personal injury law by applying social context to the relevant legal principles. Those principles remain in need of radical reform. Updates to the text include discussion of the major changes to the way compensation is calculated and claimed, evolving funding arrangements for personal injury litigation, and dramatic shifts in the claims management industry. Suitable for both undergraduate and postgraduate students taking courses in tort law, this new edition balances theory, practice and context. It draws on new legislation, research and case law to offer the reader thought-provoking examples and analysis.

• Explains the basic concepts of personal injury law

Since the 1970s, Atiyah's Accidents, Compensation and the Law has provided an invaluable counternarrative to mainstream tort scholarship and this new edition is no exception.

The core critique, whilst familiar, is integrated with an updated analysis of the political, social and economic context in which the law, and the system that underpins it, operates. It remains a 'must read' for students."

Annette Morris,

• Takes account of the latest statistical and empirical data about the operation of accident compensation systems • Examines complaints that Britain is in the grip of a compensation culture and that the tort system is out of control

9TH EDITION

Cardiff University

Law in Context

Contents 2018 244 x 170 mm 544pp 5 tables 9781108431743 | £39.99 / $54.99 PB

Part I. The Issues in Perspective: 1. Introduction: surveying the field; Part II. The Tort System in Theory: 2. Fault as a basis of liability; 3. The scope of the tort of negligence; 4. Departures from the fault principle; 5. Causation and remoteness of damage; 6. Damages for personal injury and death; 7. An appraisal of the fault principle; Part III. The Tort System in Operation: 8. Claims and claimants; 9. Tortfeasors and insurers; 10. Settlements and trials; Part IV. Other Compensation Systems: 11. First-party insurance; 12. Compensation for criminal injuries; 13. The social security system; 14. Other forms of assistance; Part V. The Overall Picture: 15. A plethora of systems; 16. The cost of compensation and who pays it; 17. The functions of compensation systems; Part VI. The Future: 18. Accident compensation in the twenty-first century. www.cambridge.org/lawtextbooks

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SUPPLEMENTARY READING

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A Debt Against the Living An Introduction to Originalism

A Handbook on the WTO Dispute Settlement System

Originalism as Faith

Ilan Wurman

WTO Secretariat

College of Law, Georgia State University

This book is an introduction to and defense of originalism and the Founding Fathers intended for a more general audience.

No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.

This handbook provides practical insight into the rules and procedures of the WTO dispute settlement system. It will appeal to academics and students of international economic law, practitioners in the fields of international trade and arbitration, officials from WTO member governments, panellists and international adjudication bodies.

Originalism as Faith presents a comprehensive history of the originalism debates. This will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.

2017 228 x 152 mm 168pp

2017 228 x 152 mm 414pp

2018 228 x 153 mm 254pp

9781108419802 | £51.99 / US$64.99 HB

9781108417273 | £100.00 / US$130.00 HB

9781107188556 | £74.99 / US$105.00 HB

9781108412162 | £15.99 / US$19.99 PB

9781108404853 | £39.99 / US$49.99 PB

9781316640463 | £17.99 / US$24.99 PB

Eric J. Segall,

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42

Artificial Intelligence and Legal Analytics New Tools for Law Practice in the Digital Age

Lawyering from the Inside Out

Comparative Religious Law

Kevin D. Ashley

Learning Professional Development through Mindfulness and Emotional Intelligence

University of Pittsburgh

Nathalie Martin

Cardiff University

The field of artificial intelligence (AI) and the law is on the cusp of a revolution. This book designed to explain computational processes to non-programmers - describes how text analytic programs will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text.

University of New Mexico School of Law

Comparative Religious Law provides for the first time a study of the regulatory instruments of Jewish, Christian and Muslim religious organisations in Britain in light of their historical religious laws. It proposes that religious laws pervade society and are recognised by civil law. A Charter of 'the principles of religious law' is proposed to stimulate greater mutual understanding between religion and society and between the three faiths themselves.

2017 228 x 152 mm 446pp

This book is designed to help law students and lawyers of all experience levels find a sustainable and meaningful life in the field of law. This book includes journaling and other interactive exercises that can help lawyers find peace, focus, meaning, and happiness over a lifetime of practicing law.

Judaism, Christianity, Islam Norman Doe

9781107171503 | £90.00 / US$115.00 HB

2018 236 x 156 mm 278pp

9781316622810 | £34.99 / US$44.99 PB

9781107147478 | £75.00 / US$99.99 HB

2018 253 x 157 mm 468pp

9781316601969 | £26.99 / US$34.99 PB

9781107167131 | £74.99 / US$105.00 HB 9781316617809 | £25.99 / US$36.99 PB

43

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Darkness Now Visible

Enhanced Beings

Carol Gilligan

Kerry Lynn Macintosh

David Yosifon

New York University

Santa Clara University, California

This book will appeal to corporate law scholars, lawyers, business people, students, and anyone interested in the social consequences of corporate law. It explains and deepens scholarly arguments about corporate law and policy, in a clear, engaging prose style that will be of interest to both academic experts and the general public.

David A. J. Richards

Enhanced Beings discusses the biology, psychology, and law of human germline modification. It debunks common objections to the technology and explains the hidden psychology behind them. It also argues against legal bans. Readers interested in bioethics, health, psychology, and the law will value this book, as will policymakers and legislators.

Corporate Friction

How Corporate Law Impedes American Progress and What to Do About It

2018 228 x 152 mm 220pp

9781107186408 | £94.99 / US$125.00 HB 9781316637173 | £29.99 / US39.99 PB

Patriarchy's Resurgence and Feminist Resistance

New York University

Darkness Now Visible addresses readers who are concerned about the future of democracy in the US and elsewhere. This book offers a bold and original thesis and explains why feminism, joining men and women, is the key to resistance.

2018 234 x 156 mm 172pp

9781108470650 | £21.99 / US$29.99 HB

Human Germline Modification and the Law

2018 228 x 152 mm 192pp

9781108471206 | £71.99 / US$71.99 HB 9781108457293 | £24.99 / US$34.99 PB

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SUPPLEMENTARY READING

44

Copyrighting God

The Law of Failure

Lessons from the Clean Air Act

Stephen J. Lubben,

Edited by Ann Carlson and Dallas Burtraw

Seton Hall University School of Law

In this illuminating work, Stephen J. Lubben tackles many questions related to the collective law of business insolvency in the United States.

In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein.

This illuminating book examines the successes and failures – of the Clean Air Act of 1963, with the aim to offer lessons for future climate and energy policymaking in the US at the federal and state level. It provides critical information to legislators, regulators, and scholars interested in understanding environmental policymaking.

2018 228 x 153 mm 254pp

2018 235 x 157 mm 192pp

2019 228 x 152 mm 250pp

9781108420518 | £87.99 / US$115.00 HB

9781107190290 | £71.99 / US$99.99 HB

9781108421522 | £85.00 / US$110.00 HB

9781108430371 | £26.99 / US$34.99 PB

9781316640418 | £28.99 / US$39.99 PB

9781108432665 | £26.99 / US$34.99 PB

Andrew Ventimiglia, University of Queensland TC Beirne School of Law

Copyrighting God provides the first detailed account of how American religious organizations used copyright in sacred texts not simply for economic gain but also for social organization and control. This book examines how religious copyright owners mobilized the law in order to organize communities, protect sacred goods, produce new forms of spiritual identity, and even enchant the material world.

A Tour through the Wilds of American Business Insolvency Law

Building Durability and Adaptability into US Climate and Energy Policy

45

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Privacy as Trust

Information Privacy for an Information Age Ari Ezra Waldman This book is perfect for scholars and students of law, sociology, policy, history, and other social sciences. But because it is written in an accessible way and uses real examples from everyday life, it is also attractive to anyone interested in privacy, from informed readers to activists.

2018 228 x 152 mm 196pp

9781107186002 | £76.99 / US$99.99 HB 9781316636947 | £26.99 / US$34.99 PB

Revisiting the Vietnam War and International Law

Foreclosed

Views and Interpretations of Richard Falk

Mortgage Servicing and the Hidden Architecture of Homeownership in America

Stefan Andersson

Christopher K. Odinet

Lunds Universitet, Sweden

University of Oklahoma, College of Law

The Vietnam War was a significant historical event that has had profound implications for international law and state actions. This book brings together essays by top international lawyer and commentator Richard Falk on the Vietnam War and its relationship to international law, American foreign policy, and the global world order.

Odinet gives voice to homeowners that have been neglected, particularly those facing foreclosure and financial distress. The book reveals the powerful and often invisible mortgage servicing industry, the tremendous discretionary power it wields over the housing lives of most Americans, and the servicing problems that still persist today. Foreclosed should be read by anyone concerned with the state of housing and home ownership in the United States.

2018 228 x 152 mm 438pp

9781108419154 | £74.99 / US$99.99 HB 9781108409964 | £27.99 / US$34.99 PB

2019 228 x 152 mm 300pp

9781108418706 | £91.99 / US$120.00 HB 9781108406352 | £26.99 / US$34.99 PB

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SUPPLEMENTARY READING

46

The Human Right to a Healthy Environment

The Willing World

John H. Knox

The Sociology of Law and the Global Transformation of Democracy

Wake Forest University, North Carolina

Chris Thornhill

James Bacchus

Ramin Pejan

University of Manchester

University of Central Florida

Issues concerning human rights and the environment are of enormous current significance. This book is a touchstone for all those interested in the intersection of human rights and the environment and a potential international right to a healthy environment, including scholars, students, government officials, and representatives of civil society.

A new legal-sociological account of contemporary democracy, arguing that it is best understood through a transposition of key insights of classical legal sociology onto the form of global society. It will appeal to post-graduate students in law, political science and the sociology of law, as well as institutional transformation researchers. This title is also available as Open Access.

Aimed equally at scholars of political economy, sustainability, and international law seeking ways to shape rules and structures to achieve global sustainable development, and at general readers wondering how to make the necessary transition from a carbon-dependent economy to a green, sustainable future in which all can prosper and share.

2018 228 x 152 mm 596pp

2018 228 x 152 mm 524pp

9781107199903 | £95.00 / US$125.00 HB

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2018 228 x 152 mm 275pp 1 table

9781108421195 | £64.99 / US$84.99 HB 9781108431583 | £22.99 / US$29.99 PB

9781316649060 | £34.99 / US$44.99 PB

Shaping and Sharing a Sustainable Global Prosperity

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