2021 Law catalogue

2021

LAW www.cambridge.org/academic

LAW

CATALOGUE 2021

Contents Law

Comparative Law............................................

Competition Law, Anti-Trust Law...................

Constitutional and Administrative Law, Public Law....................................................

Contract Law...................................................

Corporate Law, Commercial Law, Company Law..............................................

Criminal Law...................................................

Dispute Resolution, Mediation and Arbitration...................................................

Employment Law, Labour Law........................

Environmental Law.........................................

Equity and Trusts............................................

European Law.................................................

Evidence..........................................................

Family Law......................................................

Financial Law, Banking Law............................

Human Rights..................................................

Humanitarian Law, Law of Armed Conflict.....

Intellectual Property.......................................

International Economic and Trade Law, WTO Law...................................

Jurisprudence, Legal Theory...........................

Law and Economics.........................................

Law and Technology, Science, Communication............................................

Legal History...................................................

Legal Skills and Practice.................................

Medical Law, Health Law................................

Private International Law...............................

Private Law.....................................................

Property Law...................................................

Public International Law.................................

Socio-Legal Studies.........................................

Taxation..........................................................

Tort Law..........................................................

UN and International Organisations...............

US Law............................................................

1 1 1 2 6 7 9 11 12 13 14 14 17 17 17 18 23 24 26 31 32 32 34 35 35 36 36 37 37 50 54 55 55 56

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Law

Law Comparative Law An Introduction to the Comparative Study of Private Law Readings, Cases, Materials Second Edition James Gordley | Tulane University, Louisiana

This book places side by side the principal doctrines of private law of the United States, England, France, Germany and China. It presents the original sources and the historical background of these doctrines. It will be useful to international lawyers, students of comparative law, and scholars researching these doctrines.

• Extensive collection of readings on the foundations of private law from a comparative perspective edited by a leading expert in the field • Presents the principal doctrines of the private law of the United States, England, France, Germany and China • Provides historical background and original sources showing at what point and why differences between legal systems emerged

New Private Law Theory A Pluralist Approach Stefan Grundmann | European University Institute, Florence

This book opens a new pathway to private law theory. It pushes private law theory out of its comfort zone and confronts it with law and economics, social and political sciences, comparative law and comparative history, transnational law and critical legal theory.

• Develops a pluralist approach to private law which could inspire the interpretation of the law in concrete cases • Combines private law theory with law and economics, the sociology of law and other strands of social theory • Contrasts different strands of legal thought: English, French, German, Italian, European Union and American • Accessible to experienced and to young scholars working on private law 600pp January 2021 9781108486507 Hardback GBP 120.00 / USD 155.00 eISBN 9781108760089

700pp December 2020 9781108835848 Hardback GBP 90.00 / USD 117.00 December 2020 9781108798884 Paperback GBP 44.99 / USD 50.99 eISBN 9781108869348

Competition Law, Anti-Trust Law

European Constitutional Courts and Transitions to Democracy

Claudio Lombardi

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 ASCL Studies in Comparative Law 254pp January 2020 9781108489393 Hardback GBP 85.00 / USD 110.00 eISBN 9781108776783

From Parchment to Practice Implementing New Constitutions 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

Causation in Competition Law Damages Actions Illuminating the concept and practical implications of causation in competition litigation, this work is an excellent resource for practitioners, scholars, and graduate students with experience in competition law. Lombardi’s comparative analysis of relevant statutory and case law will also appeal to readers generally interested in analyzing economic torts and causation.

• Examines an underexplored area of competition law • Offers possible ways to harmonize European Union Law • Will appeal to academics and practitioners looking for a holistic analysis of causation Global Competition Law and Economics Policy 250pp January 2020 9781108428620 Hardback GBP 85.00 / USD 110.00 eISBN 9781108552509

Natural Monopolies in Digital Platform Markets Francesco Ducci | New York University

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 Global Competition Law and Economics Policy 220pp July 2020 9781108491143 Hardback GBP 85 / USD 110 eISBN 9781108867528

Comparative Constitutional Law and Policy 250pp 5 b/w illus. 2 tables April 2020 9781108487733 Hardback GBP 74.99 / USD 99.99 April 2020 9781108738026 Paperback GBP 26.99 / USD 34.99 eISBN 9781108767859

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The Shaping of EU Competition Law Pablo Ibáñez Colomo | London School of Economics and Political Science

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Based on a unique database, this book combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It will appeal to academics and postgraduate researchers working on competition, EU and administrative law, as well as law firm practitioners, Commission officials and EU Court judges and clerks.

• The first monograph to examine the interaction between institutions and substance in EU competition law • Develops a new methodology to assess the behaviour of the European Commission and the EU Courts, and a new model to assess the substance of EU competition law and its evolution over time • The unique database on which the book’s analysis is based, is available for free download along with user instructions 387pp 53 b/w illus. 8 tables January 2020 9781108818902 Paperback GBP 25.99 / USD 39.99 July 2018 9781108429429 Hardback GBP 99.99 / USD 140.00 eISBN 9781108378505

Administrative Competence Reimagining Administrative Law Elizabeth Fisher | University of Oxford

This book is a provocative reimagining of administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in interdisciplinary, historical, and doctrinal analysis this book is a must-read for anyone interested in administrative law reform.

• Presents a provocative argument for reimagining administrative law to encourage critical thinking among administrative scholars and lawyers • Addresses the institutional, historical and doctrinal aspects of administrative law to show readers how they need to think in different ways about administrative law • Sets out a framework for the reform of administrative teaching and practice to create a set of practical steps that can be taken to improve administrative law Cambridge Studies in Constitutional Law 225pp November 2020 9781108836104 Hardback GBP 85.00 / USD 110.00 eISBN 9781108870818

TEXTBOOK

Constitutional and Administrative Law, Public Law

Australian Constitutional Law

A.V. Dicey and the Common Law Constitutional Tradition

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

A Legal Turn of Mind Mark D. Walters | Queen’s University, Ontario

This book will appeal to lawyers, legal historians, politicians, historians of legal thought, legal philosophers, but also anyone curious about intellectual biography and the life and times of a leading Victorian legal and political writer, Albert Venn Dicey.

• Explores how a leading constitutional scholar, A.V. Dicey, struggled to reconcile two constitutional principles: legislative sovereignty and the rule of law • Explores constitutional values through an examination of their historical development in legal literature • Explores the difference between the constitution as extraordinary law and the constitution as ordinary law Cambridge Studies in Constitutional Law 350pp 2 b/w illus.

October 2020 9781107028470 Hardback GBP 85.00 / USD 110.00 eISBN 9781139236249

Concepts and Cases Luke Beck | Monash University, Victoria

654pp January 2020 9781108701037 Paperback GBP 99.99 / USD 150.00 eISBN 9781108658348

Authoritarian Legality in Asia Formation, Development and Transition 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 500pp July 2020 9781108496681 Hardback GBP 110.00 / USD 140.00 eISBN 9781108634816

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Constitutional Dialogue Rights, Democracy, Institutions Geoffrey Sigalet | Stanford University, California

This volume will interest academic audiences across the fields of human rights law, public law, constitutional theory, jurisprudence, political theory, and political science. It will appeal to lawyers and judges reviewing legislation for compliance with rights, and political scientists and legislators interested in institutional dialogue.

• Breaks important new ground in political and constitutional theory • The contributors are drawn from multiple intersecting disciplines and subfields • Exposes readers to different regional perspectives Cambridge Studies in Constitutional Law 485pp November 2020 9781108405485 Paperback GBP 27.99 / USD 41.99 May 2019 9781108417587 Hardback GBP 110.00 / USD 140.00 eISBN 9781108277938

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Constitution-Making and Transnational Legal Order Gregory Shaffer | University of California, Irvine

Constitution-making is often thought of as an exclusively national project that constitutes the framework for politics and law within a nation, but constitutions have always been influenced by ideas from abroad. External influence is increasing, producing a transnational legal order with its own constitutional norms, processes, guidelines and shared ideas.

• Proposes a new way of analyzing constitution-making • Advances the theory of transnational legal ordering • Combines law, sociology and other disciplines into an integrated whole Comparative Constitutional Law and Policy 334pp 16 b/w illus. 1 map 11 tables September 2020 9781108460989 Paperback GBP 23.99 / USD 35.99 April 2019 9781108473101 Hardback GBP 85.00 / USD 110.00 eISBN 9781108561792

Free Speech in the Balance Alexander Tsesis | Loyola University, Chicago

This book provides a comprehensive study of proportional analysis in free speech theory. It should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.

• Provides a deep and comprehensive study of free speech • Establishes an original theory that is robust enough for understanding, analyzing, and developing comprehensive analysis of complex free speech issues • Critiques and analyzes U.S. free speech doctrine

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Global Constitutionalism from European and East Asian Perspectives Takao Suami | Waseda University, Japan

Examines aspects of international and national law including human rights, rule of law, economic integration and social values and engages scholars from East Asia who critique Western ideas, enrich them through non-western practices and help produce transcultural universal categories of international constitutional law.

• Provides a balanced perspective with authors from different regions and offers insights on developments of the role of law in East Asia • Examines specific aspects of globalization including human rights, rule of law, economic integration and social values • Through inter-disciplinary study, readers will understand how different attitudes towards constitutionalism have emerged between Europe and East Asia 623pp March 2020 9781108810371 Paperback GBP 32.99 / USD 49.99 November 2018 9781108417112 Hardback GBP 105.00 / USD 145.00 eISBN 9781108264877

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Holes in the Safety Net Federalism and Poverty Ezra Rosser

The way in which the country helps the poor is up for grabs as politicians debate radical proposals to undermine the basic structure of the social safety net. This book explores the consequences of relying on block grants or deferring to states when it comes to anti-poverty policy.

• Emphasizes how programs work in the real world to appeal to those interested in how programs impact people, avoiding overly academic theoretical discussions • Grounded in the relationship between states and the federal government for those interested in antipoverty work at both the federal and state levels • Connects past policies with current proposals to undermine the safety net to address concerns about rising inequality and interest in poor communities 272pp August 2020 9781108468848 Paperback GBP 22.99 / USD 29.99 August 2019 9781108475730 Hardback GBP 85.00 / USD 110.00 eISBN 9781108631662

225pp September 2020 9781108424004 Hardback GBP 85.00 / USD 110.00 eISBN 9781108539463

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Judicial Power How Constitutional Courts Affect Political Transformations Christine Landfried

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Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts.

In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.

• Scholars of different disciplines and judges contribute chapters to this volume • The authors offer a new perspective of research on constitutional courts by relating the legitimacy and the effectiveness of constitutional courts to judicial methods of decision-making • The contributions offer a differentiated view of the power of constitutional courts focusing on the interesting question: what exactly is political about judicial review and what is not?

410pp 1 table April 2020 9781108443098 Paperback GBP 27.99 / USD 41.99 February 2019 9781108425667 Hardback GBP 95.00 / USD 130.000 eISBN 9781108348669

Judicial Review Process, Powers, and Problems (Essays in Honour of Upendra Baxi) Salman Khurshid

This collection of scholarly essays demonstrate the different facets of judicial review based on the vast area of comparative constitutional law. It honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India.

• Offers a great source of information and knowledge about the judicial review system in India • Studies different aspects of judicial review, power, process, and problems 460pp June 2020 9781108836036 Hardback GBP 110.00 / USD 140.00 eISBN 9781108870184

Justifying Injustice Legal Theory in Nazi Germany Herlinde Pauer-Studer

Examining how crucial parts of the distorted normative order of the Third Reich evolved and were justified by regime-loyal legal theorists, this book explains how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law.

• Provides a detailed account of the distortions of law in the Nazi era and insight into the working of Nazi ideology, showing how criminal law and police law can turn into instruments of dictatorial control • By discussing the interaction between ministerial bureaucracy and Nazi organizations (the Nazi Party and the SS) in the persecution and ultimately mass murder of Jews, this book offers a better understanding of the legal subtext of the Nazi regime’s escalating violence • Explains the theoretical foundations of Nazi legal thinking and its philosophical context 225pp September 2020 9781107159303 Hardback GBP 85.00 / USD 110.00 eISBN 9781316671412

Local Citizenship in a Global Age Kenneth A. Stahl

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 300pp 1 b/w illus. 2 tables May 2020 9781107156463 Hardback GBP 69.99 / USD 89.99 May 2020 9781316609927 Paperback GBP 22.99 / USD 29.99 eISBN 9781316661352

Measuring Accountability in Public Governance Regimes Ellen Rock | University of Technology, Sydney

This book brings a new dimension to discussions of government accountability, offering a framework for the study and exploration of accountability deficits (gaps) and overloads (overlaps). It will be of interest to academics and public policy analysts across fields of law, politics and management.

• Provides an easy entry point for readers new to the accountability literature to come to grips with current debates and theories without the need for specialised disciplinary knowledge • Highlights for readers the gap in the existing accountability literature and offers a framework that can be built on in future work in this area • Provides interesting real-life examples of the potential operation of an accountability deficit and overload framework 256pp 1 table October 2020 9781108840484 Hardback GBP 85.00 / USD 110.00 eISBN 9781108886154

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 278pp July 2020 9781108836500 Hardback GBP 75.00 / USD 99.99 eISBN 9781108873796

Law

Proportionality in Action Comparative and Empirical Perspectives on the Judicial Practice Mordechai Kremnitzer

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 Cambridge Studies in Constitutional Law 686pp 36 b/w illus. 2 tables April 2020 9781108497589 Hardback GBP 120.00 / USD 155.00 eISBN 9781108596268

Proportionality in Asia Po Jen Yap | The University of Hong Kong

This book is for lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis – a legal transplant from the West – is blossoming and, in some cases, flourishing in Asia.

• Provides an overview of how proportionality analysis is applied by courts across Asia, with an enhanced understanding of how proportionality analysis operates beyond Western states • Explains how the judicial application of proportionality analysis varies according to the regime type of the jurisdiction and how politics shape judicial behaviour • Identifies and analyses the key constitutional case law in various Asian jurisdictions 300pp August 2020 9781108495752 Hardback GBP 85.00 / USD 110.00 eISBN 9781108862950

Public Finance and Parliamentary Constitutionalism Will Bateman | Australian National University, Canberra

This is the first book to analyse constitutionalism and public finance in parliamentary systems of government. It provides an historical and contemporary account of the interaction of law and the financial behaviour of Anglophone parliamentary systems of government: focusing on taxation, public expenditure, sovereign borrowing and monetary finance.

• Provides the first constitutional analysis of public finance law and practice in UK and Commonwealth jurisdictions • Provides an historical treatment of legal and constitutional dimensions of public finance in British and Commonwealth jurisdictions • Accessibly explains how government, law and economic conditions interact before, during and after moments of economic crisis, using the UK and Australia as examples 224pp 14 b/w illus.

September 2020 9781108478113 Hardback GBP 80.00 / USD 110.00 eISBN 9781108784283

Redrafting Constitutions in Democratic Regimes Theoretical and Comparative Perspectives Gabriel L. Negretto | Pontificia Universidad Catolica de Chile

Many contemporary democracies face popular pressure to profoundly transform or replace their constitutions. This book shows how redrafting constitutions in democratic regimes may contribute to the improvement or erosion of democracy. Its interdisciplinary and comparative perspective makes it a valuable resource to scholars of law and politics.

• Explores the relationship between representative and participatory channels of citizen involvement in democratic constitutional rewrites • Links constitutional change to current problems of democratization • Offers a conceptual roadmap to help scholars and general readers understand the main features and challenges of democratic constitutional replacements Comparative Constitutional Law and Policy 264pp September 2020 9781108839846 Hardback GBP 85.00 / USD 110.00 eISBN 9781108885287

The Cambridge Companion to the First Amendment and Religious Liberty 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 Cambridge Companions to Law 350pp January 2020 9781108417471 Hardback GBP 99.99 / USD 130.00 January 2020 9781108405294 Paperbac GBP k31.99 / USD 39.99 eISBN 9781108277716

The Double-Facing Constitution Jacco Bomhoff | London School of Economics and Political Science

How do constitutions deal with ‘foreignness’ with legal norms from other legal systems, with individuals from elsewhere, or with the operation of their own rules abroad? These questions, often marginal in constitutional theory, are central to this book and to the view of ‘double-facing’ constitutional law that it develops and illustrates.

• 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 440pp January 2020 9781108485487 Hardback GBP 95.00 / USD 125.00 eISBN 9781108751483

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Law

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

6

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 Comparative Constitutional Law and Policy 426pp 4 b/w illus. 4 tables January 2020 9781108497626 Hardback GBP 95.00 / USD 125.00 eISBN 9781108596459

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The Shapeshifting Crown Locating the State in Postcolonial New Zealand, Australia, Canada and the UK Cris Shore | University of Auckland

The Crown, bedrock of the constitution and ultimate source of state power, is a legal fiction; ambiguous, enigmatic, poorly understood, yet politically expedient. This book combines anthropological and legal perspectives to unravel its shapeshifting nature and the work that it performs in postcolonial New Zealand, Australia, Canada and Britain.

• A novel anthropological analysis of the Crown and the political and legal work that it performs in Australia, Canada, New Zealand and the United Kingdom • Examines the Crown’s fluid, contested and contradictory meanings and the implications of this for political legitimacy, sovereignty and governance in postcolonial societies • Provides comparative and ethnographic perspectives on the role of the Crown in postcolonial Australia, Canada, New Zealand and Britain, and assesses which country will be the first to become a republic • Analyses arguments about constitutional reform and offers new anthropological insights into the meanings of monarchy as a symbolic system 288pp 24 b/w illus.

November 2020 9781108733854 Paperback GBP 22.99 / USD 34.99 January 2019 9781108496469 Hardback GBP 85.00 / USD 110.00 eISBN 9781108677738

Towering Judges A Comparative Study of Constitutional Judges Iddo Porat

This volume is the first to explore how the influence of judicial personas has brought about constitutional change. Chapters convey the personal history of these judges, their lively debates, and the turbulent context in which many of them operated. The book is for scholars of law, political science, and history.

• Explains judicial tactics and judicial leadership with a comparative, interdisciplinary perspective • Introduces readers to leading judges from jurisdictions around the world, such as the United States, United Kingdom, Canada, Australia, India, Nepal, and Chile • Categorizes judges along different dimensions of ‘toweringness’, modes of operation, and political and historical contexts Comparative Constitutional Law and Policy 350pp December 2020 9781108840217 Hardback GBP 85.00 / USD 110.00 eISBN 9781108879194 NEW IN PAPERBACK

Women as ConstitutionMakers Case Studies from the New Democratic Era Ruth Rubio-Marín | Universidad de Sevilla

This book offers first-hand accounts of women’s role in constitution-making in the democratic and post-conflict ‘revolutions’. Its audience will include students and readers of political and constitutional history, those interested in the dynamics of non’Western’ politics, and the growing readership for literature on gender and constitutionalism.

• Offers case studies of women as constitution-makers in nine individual countries, with a focus on countries other than the ‘West’ • Offers case studies of constitution-making in newly-democratising or post-conflict countries • The Introduction draws lessons from a comparison of the case studies, as well as addressing larger, synthetic questions about both the importance of women’s participation in constitution-making, and the obstacles women face as constitution-makers 395pp 1 table November 2020 9781108734530 Paperback GBP 25.99 / USD 39.99 March 2019 9781108492775 Hardback GBP 95.00 / USD 125.00 eISBN 9781108686358

Contract Law TEXTBOOK

Contract Law Cases and Materials Kenneth Yin |E dith Cowan University, Western Australia

Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. This casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law.

• A chapter on international contract law with additional end-of-chapter ‘international context’ sections for each topic • Pedagogical features include flow charts, overview tables explaining key concepts and links to the principles text, review questions and endof-chapter problems • Accompanies Stewart, Swain and Fairweather’s Contract Law: Principles and Context 1000pp 63 b/w illus. 86 tables December 2020 9781108435277 Paperback GBP 79.99 / USD 105.00 eISBN 9781108393959

Law

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TEXTBOOK

Sanctity of Contracts in a Secular Age

Contemporary Australian Corporate Law

Equity, Fairness and Enrichment Stephen Waddams | University of Toronto

Second Edition Stephen Bottomley | Australian National University, Canberra

Numerous techniques have been employed to control highly unreasonable contracts, but large gaps remain, with the consequence that extremely unfair contracts have been enforced. This book advances arguments in favour of recognition of a general judicial power to relieve against highly unreasonable contracts.

• Explores the various techniques, derived from equity and from other sources, which have enabled the court to modify highly unreasonable contracts, revealing that large gaps remain • Explores the relation between law and equity, and the relation, in this context, of both with the law of unjust enrichment • Proposes a general judicial power to modify contracts in order to avoid consequences that are highly unreasonable

Contemporary Australian Corporate Law is an introduction to corporate law in Australia that provides an authoritative, contextual and critical analysis of the law governing Australian corporations and financial markets. This edition has been updated to reflect changes to the Corporations Act 2011 and the impact of the Financial Services Royal Commission.

• Explains the rules, principles, doctrines and policies that, together, constitute corporate law in Australia to students taking their first course in corporate law • Locates rules in their legal, social, economic and political context to provide deeper understanding and to recognise how corporations have become an integral part of the contemporary social fabric • The authors’ experience of teaching corporate law for many years brings a logical order to the subject matter with clarity, insight and technical excellence

251pp November 2020 9781108443111 Paperback GBP 22.99 / USD 34.99 March 2019 9781108425674 Hardback GBP 85.00 / USD 110.00 eISBN 9781108348683

Corporate Law, Commercial Law, Company Law TEXTBOOK

Australian Commercial Law Second Edition Dilan Thampapillai | Australian National University, Canberra

Australian Commercial Law is a comprehensive introduction to key aspects of Australian commercial law. The second edition includes: discussion of key concepts; chapters on contract law, business structures, bankruptcy and international commercial law; integration of digital and e-commerce transactions;and end-of-chapter discussion questions.

• Written for students of law degrees, as opposed to business students studying commercial law • Provides comprehensive attention to each topic with extensive use of substantive law, detailed case discussionand excerpts of legislation • A lecturer website is available, with guided responses to end-ofchapter discussion question, and PPTs 524pp 3 tables September 2020 9781108728492 Paperback GBP 79.99 / USD 129.95 eISBN 9781108629003

652pp 1 b/w illus. 3 tables December 2020 9781108796958 Paperback GBP 79.99 / USD 104.00 eISBN 9781108859929

Corporate Governance and Responsible Investment in Private Equity Simon R. Witney | London School of Economics and Political Science

This examination of the private equity model is for academics, practitioners, and policymakers. Witney analyses the incentives and corporate governance practices of private equity-backed companies, which are increasingly important players in the global economy. Good governance, he argues, is a key success factor for the private equity industry.

• Presents a revised theory of private equity governance that addresses the gaps in existing academic theory • Assists academics and practitioners in analysing and applying the law, and helps policymakers in considering law reform • Demonstrates identified good practices and facilitates comparative benchmarking International Corporate Law and Financial Market Regulation 250pp January 2021 9781108485883 Hardback GBP 85.00 / USD 110.00 eISBN 9781108641838

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Creating Corporate Sustainability Gender as an Agent for Change Beate Sjåfjell | Universitetet i Oslo

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A group of female scholars led by two established academics consider sustainability, corporate action, corporate ethics, corporate governance and the role of gender in these contexts. This book will appeal to scholars, thought leaders and policymakers interested in corporate law theory, sustainability issues and feminist theory.

• Connects feminist experience with corporate law and theory and sustainability, discussing issues such as female community activism, female business leadership and legal attempts to include women in decision-making in corporations • Pushes the boundaries of current thinking in corporate governance ideas and challenges the increasingly gendered approaches to questions of corporate ethics to present a positive connection between these issues and sustainability • An overarching emphasis on sustainability and how to create more sustainable corporate activity leading to new ways of thinking about these issues 357pp 3 b/w illus. 2 tables January 2020 9781108447676 Paperback GBP 23.99 / USD 35.99 May 2018 9781108427111 Hardback GBP 85.00 / USD 110.00 eISBN 9781316998472

Government Intervention in the Reorganisation of Listed Companies in China Huimiao Zhao

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 348pp January 2020 9781108496650 Hardback GBP 85.00 / USD 110.00 eISBN 9781108634557

Reconstructing the Corporation From Shareholder Primacy to Shared Governance Grant M. Hayden

This book critically examines shareholder primacy and its principal manifestation in corporate law: the exclusive shareholder franchise. It presents a new model of corporate governance, fully consistent with economic theory of the firm and democratic participation theory, that supports shared board representation between shareholders and employees.

• Critically examines all of the main arguments for extending corporate voting rights to shareholders alone • Examines the basic precepts of shareholder primacy from the point of view of standard economic and social choice theory • Presents a new shared governance model of corporate governance that would involve shared control by shareholders and employees 300pp November 2020 9781107138322 Hardback GBP 69.99 / USD 110.00 November 2020 9781316502914 Paperback GBP 24.99 / USD 9.99 eISBN 9781316481325

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 International Corporate Law and Financial Market Regulation 428pp 2 tables April 2020 9781108494519 Hardback GBP 95.00 / USD 125.00 eISBN 9781108658508

Venture Capital Law in China Lin Lin | National University of Singapore

This book examines the law and practice of venture capital in China. Using an extensive dataset, it compares the world’s largest markets – the US and China. This comprehensive evaluation of the past, present and future of venture capital in China is a must read for scholars, policy makers and practitioners.

• Provides a comprehensive and timely assessment of the Chinese venture capital market using a detailed and insightful analysis of the latest legal developments and practices within China • Introduces the special characteristics of the Chinese venture capital market and its distinctive legal problems based on hand-collected quantitative and qualitative data • Compares the legal framework and common practices found in the two largest venture capital markets in the world – China and the United States International Corporate Law and Financial Market Regulation 300pp February 2021 9781108423557 Hardback GBP 85.00 / USD 110 eISBN 9781108528795

Law

Criminal Law NEW IN PAPERBACK

Children as ‘Risk’ Sexual Exploitation and Abuse by Children and Young People Anne-Marie McAlinden | Queen’s University Belfast

This book examines socio-political constructions of risk related to sexual offending behaviour by and among children and young people, combining theoretical analysis with primary research. The book will appeal to scholars, legal and other professionals, and schools and parents in helping children navigate today’s highly sexualised landscape.

• Combines high-level theoretical analysis with original empirical research in the form of over thirty semi-structured interviews with professionals working with children and young people affected by harmful sexual or exploitative behaviour.

• Examines the principal factors underlying the emergence of harmful sexual or exploitative behaviour among children and adolescents and the myriad challenges within today’s highly sexualized cultural landscape • Examines ‘peer-to-peer-forms of exploitation and abuse in a range of contexts in both online and offline contexts Cambridge Studies in Law and Society 372pp November 2020 9781316507988 Paperback GBP 25.99 / USD 39.99 October 2018 9781107144842 Hardback GBP 85.00 / USD 120.00 eISBN 9781316534847

Core Concepts in Criminal Law and Criminal Justice Volume 1 Anglo-German Dialogues Kai Ambos | Georg-August-Universität, Göttingen, Germany

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 Perspectives From Principles to Practice John Anderson | University of Newcastle, New South Wales

Taking a comparative approach Criminal Law Perspectives focuses on prevalent summary offences and covers substantive Federal offences.

Complex doctrines are coherently explained by linking concepts to practical applications with context coupled with rich pedagogy to encourage student engagement.

• Written specifically for a one semester course • Complex doctrines (principles and cases) are coherently explained by linking concepts to practical applications • Has a focus on prevalent summary offences • Covers substantive Federal offences • Takes a comparative approach to covering the jurisdictions of NSW, ACT and Victoria • Integrated, interactive print and ebook package containing extensive pedagogy to support student learning 900pp January 2021 9781108868204 Paperback GBP 94.99 / USD 136.00 eISBN 9781108868198

Negotiating Transitional Justice Firsthand Lessons from Colombia and Beyond Mark Freeman

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 264pp January 2020 9781107187566 Hardback GBP 79.99 / USD 105.00 January 2020 9781316638156 Paperback GBP 26.99 / USD 34.99 eISBN 9781316941485

504pp 1 b/w illus. 1 table January 2020 9781108483391 Hardback GBP 110.00 / USD 140.00 eISBN 9781108649742

Visit our website at www.cambridge.org/academic

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Law

NEW IN PAPERBACK

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NEW IN PAPERBACK

Neurolaw and Responsibility for Action

The Cambridge Handbook of Policing in the United States

Concepts, Crimes, and Courts Bebhinn Donnelly-Lazarov | University of Surrey

Tamara Rice Lave

This volume debates the conceptual, epistemic and practical questions that arise when law and neuroscience meet. Containing original insights about the potential reach of neuroscience and sophisticated accounts of the limitations it faces, the volume will appeal to lawyers, criminologists, philosophers, psychologists, neuroscientists and psychiatrists.

• Covers both philosophical and practical implications, helping readers to draw considered conclusions • Written in an accessible way for those with no background in neuroscience, helping lawyers, philosophers and others understand the implications of neuroscience for the law • Includes insights about the conceptual limitations of neuroscience, helping readers to see the difficulties that arise when disciplinary boundaries merge 312pp 3 b/w illus.

January 2020 9781108450928 Paperback GBP 23.99 / USD 35.99 May 2018 9781108428705 Hardback GBP 85.00 / USD 110.00 eISBN 9781108553339

This volume provides a comprehensive collection of essays on police and policing, written by leading experts in political theory, sociology, criminology, economics, law, public health, and critical theory.

This accessible, interdisciplinary work will be valuable for anyone interested in understanding the present and future of policing in the US. • Provides first-hand accounts from police officers and the people they police, discussing their experience of policing • Focuses on discrete, marginalized communities and the challenges they face from the police • Breaks down academic barriers by approaching policing from multiple perspectives: empirical, normative, and legal • Engages in a broad and forward-looking account of the impact of technology on policing, enabling readers to understand the ways that the police are responding to high-tech innovations, and the legal and political challenges they pose Cambridge Law Handbooks 613pp 18 b/w illus. 10 tables September 2020 9781108430500 Paperback GBP 26.99 / USD 34.99 July 2019 9781108420556 Hardback GBP 115.00 / USD 150.00 eISBN 9781108354721

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Plausible Crime Stories The Legal History of Sexual Offences in Mandate Palestine Orna Alyagon Darr

What makes one crime story convincing and another implausible? Evidence law provides only a partial answer. This study explores the meaning of plausibility and the materials from which it is constituted in a particular historical and sociocultural setting: proving sex offences in Mandate Palestine.

• Presents the first in-depth study of the history of sex offences in Mandate Palestine and examines the issue of plausibility in a specific socio-cultural setting • Offers an innovative approach to the historical study of criminal law and evidence in relation to plausibility • Utilises archival materials and court case documents to examine judicial proceedings and explore the role cultural categories such as age, gender or nationality play in the process of proof Law in Context 215pp February 2020 9781108739634 Paperback GBP 21.99 / USD 32.99 November 2018 9781108497237 Hardback GBP 80.00 / USD 110.00 eISBN 9781108667128

Sex Offender Registration and Community Notification Laws An Empirical Evaluation Wayne Logan

This volume is the first book-length treatment of how sex offender registration and notification (SORN) laws work, who they cover, and what we know about their effects. Assembling research from leading experts, the book is a critically important resource for policy makers, researchers, journalists, judges, and legal advocates.

• Presents key historical background that contextualizes current SORN laws and research • Provides a framework for understanding essential empirical research to help readers think carefully about the complexities of criminal justice policy and its potential reform • Discusses the future of SORN laws, including how they relate to other emerging community-based social control strategies.

300pp February 2021 9781108420020 Hardback GBP 85.00 / USD 110.00 eISBN 9781108328425

The Eighth Amendment and Its Future in a New Age of Punishment 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 325pp 4 b/w illus. 4 tables June 2020 9781108498579 Hardback GBP 85.00 / USD 110.00 eISBN 9781108653732

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The Territorial Jurisdiction of the International Criminal Court Michail Vagias

Michael Vagias analyses the International Criminal Court’s territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories.

• The first book to deal with the issue of the territorial jurisdiction of the International Criminal Court • Explores whether the considerations of territoriality for national courts are the same as those for the International Criminal Court • Elucidates both the law as it stands, and the procedure of the court 378pp June 2020 9781316632512 Paperback GBP 25.99 / USD 39.99 October 2014 9781107034273 Hardback GBP 84.99 / USD 111.00 eISBN 9781139525374

Law

Dispute Resolution, Mediation and Arbitration Adjudicating Trade and Investment Disputes Convergence or Divergence?

Szilárd Gáspár-Szilágyi | University of 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 Studies on International Courts and Tribunals 320pp July 2020 9781108487405 Hardback GBP 85.00 / USD 110.00 eISBN 9781108766678

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ Wenhua Shan | Xian Jiaotong University, China

A timely study by leading authorities of China’s role in international dispute resolution in the context of the ‘Belt and Road Initiative’. Providing the first comprehensive analysis of China’s policy and practice in international dispute resolution, particularly in the fields of trade, commerce, investment laws and the law of the sea.

• Provides a timely study of international dispute resolution in the context of the ‘Belt and Road Initiative’, a useful reference for teachers and students in international law, international dispute resolution, and China in the modern world • Features in-depth analysis of cases in the fields of international trade law, international investment law, and international law of sea • Offers a comprehensive examination of China’s participation in various fields of international dispute resolution 720pp October 2020 9781108473392 Hardback GBP 135.00 / USD 175.00 eISBN 9781108561976

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

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.

Law in Context 428pp 2 b/w illus.

July 2020 9781107070547 Hardback GBP 99.99 / USD 130.00 July 2020 9781107687578 Paperback GBP 42.99 / USD 55.99 eISBN 9781107707467

International Arbitration Three Salient Problems Second Edition Stephen M. Schwebel

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 Hersch Lauterpacht Memorial Lectures 354pp January 2020 9780521768023 Hardback GBP 95.00 / USD 125.00 eISBN 9781139015691

International Protection of Investments The Substantive Standards August Reinisch

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 1104pp July 2020 9781107013582 Hardback GBP 220.00 / USD 285.00 eISBN 9781139004978

Visit our website at www.cambridge.org/academic

11

Law

The American Influence on International Commercial Arbitration Doctrinal Developments and Discovery Methods Second Edition Pedro J. Martinez-Fraga

12

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 474pp 1 b/w illus.

July 2020 9781107151529 Hardback GBP 99.99 / USD 130.00 eISBN 9781316585009

The Cambridge Handbook of Class Actions An International Survey Brian T. Fitzpatrick

This volume is for academics, lawyers, and policymakers seeking to understand some of the biggest lawsuits across the world. Contributing authors describe and assess class action procedure (or its equivalent) in nearly two dozen countries, provide empirical data on how regions are implementing the procedure, and make recommendations for reform.

• The first scholarly work to gather and consolidate data on aggregate litigation from across the globe • Covers the most active class action jurisdictions, as well as those with unique features, such as the constitutional guarantee in South Africa and the use of arbitration in Brazil • Discusses who can initiate the class action procedure, in what kinds of cases, and for what types of relief Cambridge Law Handbooks 450pp February 2021 9781108488587 Hardback GBP 160.00 / USD 200.00 eISBN 9781108770927

The Cambridge Handbook of Judicial Control of Arbitral Awards Larry A. DiMatteo | University of Florida

This handbook is a must read for academics, arbitrators, practitioners, and students interested in a comparative analysis of the convergence and divergence of national and international commercial arbitration rules. The core areas of focus include the enforcement and vacation of arbitral awards and the interpretation of arbitration agreements.

• Discusses important issues in international commercial arbitration theory and practice • Provides a comprehensive reference to rules and issues relating to arbitrator misconduct • Reviews areas of non-arbitrability under national laws by highlighting the differences in the meaning of public policy across countries Cambridge Law Handbooks 400pp 1 b/w illus. 2 tables September 2020 9781108488617 Hardback GBP 195.00 / USD 255.00 eISBN 9781316998250

The Unruly Notion of Abuse of Rights Jan Paulsson

Everyone condemns the ‘abuse of rights’, but it is seldom applied as a rule of decision. This book concludes that except when given context as part of a lex specialis, it is too nebulous, and too likely to lead to arbitrariness, to serve as a general principle of international law.

• Reviews the conflict between believers and skeptics as to the coherence and usefulness of the notion of abuse of rights • Examines the dissimilar origins of the notion in national and international law • Describes difficulties and paradoxes encountered when applying the notion in various national legal systems • Illustrates numerous competing formulations of purported rules derived from the notion 150pp August 2020 9781108840699 Hardback GBP 85.00 / USD 110.00 eISBN 9781108887229

UNCITRAL Model Law on International Commercial Arbitration A Commentary Ilias Bantekas

Provides a comprehensive, article-by-article commentary on the UNCITRAL Model Law on International Commercial Arbitration. Written by leading academics and practitioners and combining both theory and practice, it will serve as a guidebook for practitioners, legislators and academics interested in international commercial arbitration.

• A comprehensive article-by-article commentary of the Model Law on International Commercial Arbitration written by leading academics and practitioners • Provides in-depth critical analysis of commercial arbitration that not only discusses case-law but also explores the ideas behind arbitration • Combines both theory and practice, ensuring relevance for practitioners, legislators and academics 1142pp March 2020 9781108498234 Hardback GBP 200.00 / USD 260.00 eISBN 9781108633376

Employment Law, Labour Law Beyond the Algorithm Qualitative Insights for Gig Work Regulation Deepa Das Acevedo

This volume provides insights on gig work regulation that are inaccessible except through qualitative empirical research. It will appeal to anyone interested in the gig economy, labor and employment law, industrial and labor relations, applied social science, technology and work, state and local regulation, and interdisciplinary legal studies.

• Draws upon a variety of qualitative methods such as interviews, participant observation, and surveys • Provides a unique bridge between two disciplinary approaches to studying gig work: social science and the law • Showcases the value of qualitative research for law scholars, policymakers, and workers’ advocates 240pp January 2021 9781108487764 Hardback GBP 85.00 / USD 110.00 eISBN 9781108767910

Law

Feminist Judgments Rewritten Employment Discrimination Opinions Ann C. McGinley | University of Nevada, Las Vegas

This book is for scholars and students interested in employment law and feminism. It will provide readers with a new way to think about the law of employment discrimination, and how feminist perspectives might lead to a reimagined workplace that is more welcoming and prosperous for marginalized workers.

• Uses feminist theories and an intersectional approach to rewrite important cases in employment discrimination law, examining not only sex and gender but also race and religion • Employs commentaries before each rewritten case that explain how the rewritten cases differ from the original and how the rewritten case would have changed the law • Examines stereotypes, masculinities theory, and the role of implicit bias in discrimination Feminist Judgment Series: Rewritten Judicial Opinions 504pp September 2020 9781108493178 Hardback GBP 90.00 / USD 125.00 September 2020 9781108717403 Paperback GBP 29.99 / USD 39.99 eISBN 9781108694643

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The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century Richard Bales

In this timely work, leading labor scholars analyze the decline in unions and offer a variety of innovative law reforms to reverse that trend.

It will appeal to academics and students in law, economics, public policy, and industrial relations, as well as policymakers and practitioners interested in labor questions.

• Advances an ambitious agenda for labor law reform that will appeal to anyone concerned with the decline of American unions or the increase in income inequality • Approaches the challenges of labor law reform from many perspectives, and with an eye towards different policy levers, allowing the reader to judge which paths are most appropriate • Frames specific problems contributing to unions’ declines and then proposes different types of reforms to address those problems Cambridge Law Handbooks 433pp 2 b/w illus.

September 2020 9781108949118 Paperback GBP 26.99 / USD 34.99 December 2019 9781108428835 Hardback GBP 190.00 / USD 250.00 eISBN 9781108610070

Environmental Law Development of Environment Laws in India Kanchi Kohli

Introduces India’s environment laws to readers interested in law, contemporary politics, development studies, sociology, anthropology, political economy, ecological studies and administration. It is a handy volume for students, practitioners and a wide range of professionals dealing with and interested in environmental issues in India.

• Highlights the dynamic nature of environmental law-making in India between the judiciary, executive and parliamentary structures • Contains a large volume of materials from the late 1990s which shows a marked shift in the nature of environmental governance in India • Materials introduce the readers to contemporary debates in environment law within India’s post-liberalisation context

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Perspectives on Environmental Law Scholarship Essays on Purpose, Shape and Direction Ole W. Pedersen | Newcastle University

This collection of essays contains personal reflections by leading scholars in the field on the nature, form, quality and challenges of environmental law scholarship. It will be of value to scholars and students of environmental law who consider environmental law their disciplinary home.

• Leading environmental law scholars from different jurisdictions offer their personal reflections on environmental law • Examines complicated issues such as methodology, quality of scholarship, and the challenges of environmental law scholarship • Explores the nature and purpose of environmental law from the perspective of leading contributors from a variety of jurisdictions 254pp 1 table February 2020 9781108465984 Paperback GBP 22.99 / USD 34.99 November 2018 9781108475242 Hardback GBP 80.00 / USD 110.00 eISBN 9781108635929

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Preventing Environmental Damage from Products An Analysis of the Policy and Regulatory Framework in Europe Eléonore Maitre-Ekern | Universitetet i Oslo

A growing number of EU regulations focuses on the life cycle impacts of products; as well as waste and pollution, they are now addressing new types of issues such as product durability and life span.

This volume discusses the best legal and regulatory practices to encourage a sustainable society.

• Explores a very topical but under-researched field • Opens new perspectives on environmental product regulation • Illustrates arguments with concrete examples from the law and from the practice 383pp 11 b/w illus. 16 tables January 2020 9781108436748 Paperback GBP 25.99 / USD 39.99 April 2018 9781108422444 Hardback GBP 95.00 / USD 125.00 eISBN 9781108500128

Reconsidering REDD+ Authority, Power and Law in the Green Economy Julia Dehm | La Trobe University, Victoria

Dehm analyzes how the REDD+ scheme operates to reorganise social relations and establish new forms of global authority over forests in the Global South, benefitting some actors while further marginalising others.

This book is for scholars, students, practitioners, and anyone interested in international climate law and natural resource governance.

• Situates REDD+ as central to broader debates about the nature of, and transition to, a ‘green economy’ • Draws on interdisciplinary scholarship to provide a critical reading of the logics and effects of the REDD+ scheme • Addresses potential tensions and underlying conflicts between the increased marketisation of climate policy and imperatives of global climate justice Cambridge Studies on Environment, Energy and Natural Resources Governance 320pp February 2021 9781108423762 Hardback GBP 85.00 / USD 110.00 eISBN 9781108529341

430pp November 2020 9781108490498 Hardback GBP 89.99 / USD 109.99 November 2020 9781108748490 Paperback GBP 22.99 / USD 34.99 eISBN 9781108781053

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Law

Science and Judicial Reasoning The Legitimacy of International Environmental Adjudication Katalin Sulyok

14

Examining how judges evaluate scientific knowledge when framing disputes, hearing evidence, conducting causal inquiry, and setting the standard of review, Sulyok provides a comparative analysis of environmental case-law across major international courts. This work also suggests reasoning styles with which judges can legitimately justify decisions.

• Builds upon interdisciplinary insights from natural science literature and the philosophy of science to explain the challenges of adjudicating science-heavy legal disputes • Examines judicial techniques with respect to all four stages of the adjudicatory process, where judges confront scientific arguments and evidence • Provides an in-depth analysis of environmental decisions of seven major international courts and tribunals and shows how scientific arguments and evidence are appreciated and circumvented by judges Cambridge Studies on Environment, Energy and Natural Resources Governance 350pp November 2020 9781108489669 Hardback GBP 85.00 / USD 110.00 eISBN 9781108779173

Equity and Trusts TEXTBOOK

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 bookencourages 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 • Provides up-to-date text with a new comprehensive glossary and wideranging list of further reading • Includes introductory key points at the beginning of each chapter and summaries ofthe key issues and cases at the end of every chapter • Accessible to students of all abilities 450pp August 2020 9781108473088 Hardback GBP 69.99 / USD 89.99 August 2020 9781108460958 Paperback GBP 27.99 / USD 36.99 eISBN 9781108561761

Feminist Judgments Rewritten Trusts and Estates Opinions Deborah S. Gordon | Drexel University, Philadelphia

This book analyzes estates and trusts cases through a feminist lens to demonstrate how the law has limited the property rights of women and other marginalized groups. This book will be useful to law students learning to read cases and to anyone else interested in understanding ways in which the law has been applied inequitably.

• Focuses on eleven important trusts and estates cases that have helped define this field of law • Offers diverse perspectives in regards to race, gender, sexual orientation, and socio-economic status • Contains both the original and rewritten opinion to allow readers to analyze the cases critically Feminist Judgment Series: Rewritten Judicial Opinions 250pp September 2020 9781108495110 Hardback GBP 84.99 / USD 110.00 September 2020 9781108816953 Paperback GBP 27.99 / USD 34.99 eISBN 9781108860963

TEXTBOOK

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 Law in Context 1080pp 9 b/w illus. 3 tables May 2020 9781108796446 Paperback GBP 42.99 / USD 55.99 eISBN 9781108855044

European Law Concise Commentary on the Rome I Regulation Second Edition Franco Ferrari | New York University

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 408pp May 2020 9781108497671 Hardback GBP 135.00 / USD 175.00 eISBN 9781108596633

Law

Empire of Law 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 Cambridge Studies in European Law and Policy 328pp April 2020 9781108483636 Hardback GBP 85.00 / USD 110.00 eISBN 9781108678582

EU Law in Populist Times Crises and Prospects Francesca Bignami | George Washington University, Washington DC

This comprehensive analysis of the EU law at the heart of today’s political debates is an essential scholarly resource of recent legal developments and cutting-edge theoretical issues. It is an invaluable text for courses in EU law and EU public policy.

• Presents and analyzes all areas of EU law challenged by populism and Euroscepticism • Focusing on the EU’s legal powers in classic areas of state sovereignty, the volume updates the dominant, market-centered narrative of EU law • Proposes legal and policy reforms to improve EU law and governance 608pp 2 b/w illus. 1 table January 2020 9781108485081 Hardback GBP 120.00 / USD 155.00 eISBN 9781108755641

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European Criminal Law Kai Ambos | Georg-August-Universität, Göttingen, Germany

Since their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. With a close analysis of secondary legislation and the development of criminal justice institutions, this book examines the advances made so far, the protection of European citizens’ rights, and the difficult co-operation involved.

• Offers a comprehensive and systematic treatment of European criminal law with multiple sources, which will appeal to readers seeking to gain a thorough understanding of this area of the law and the institutions involved • Provides unique insights into the criminal law and procedure of EU member states, unlike similar books on the subject, which may neglect to include examples of domestic law • Emphasises the protection of the rights of European citizens, appealing both to those with an interest in criminal law and readers more concerned with human rights

European Human Rights Justice and Privatisation The Growing Influence of Foreign Private Funds Gaëtan Cliquennois | Université de Nantes, France

This book offers a very new understanding of litigation before the European Courts and of relationships between litigation strategies, private funding and European case law with a view to fostering a societal debate about the growing influence of the private sector on the European human rights justice system.

• Offers a very new understanding of litigation before the European Courts, relationships between litigation strategies, private funding and European case law • Accessible to readers without specialized training in socio-legal theory and in litigation practice • Offers a new socio-legal perspective on the human rights justice system by adopting an inter-disciplinary and multi-disciplinary stance 250pp 4 tables October 2020 9781108497053 Hardback GBP 85.00 / USD 110.00 eISBN 9781108683869

European Societies, Migration, and the Law The ‘Others’ amongst ‘Us’ Moritz Jesse | Universiteit Leiden

Immigrants and immigration are increasingly represented as a threat to welfare, traditions, and culture, despite an understanding that immigration is needed in Europe. This book looks at immigration and asylum legislation and policies in Europe to establish how far othering, stigmatization, and exclusion are the result of official policies.

• Cross-border, EU wide, comparative analysis of law and policies seeking to govern immigration • Charts asylum and immigration measures which - consciously or not - exclude, stigmatize, and ‘other’ immigrants or particular groups of immigrants in Europe • Analyses how political speech influences adoption, adaptation, application, and interpretation of immigration regulation 288pp December 2020 9781108487689 Hardback GBP 85.00 / USD 110.00 eISBN 9781108767637

Europe’s Second Constitution Crisis, Courts and Community Markus W. Gehring | University of Cambridge

The process of European constitutionalisation has met with scepticism in current national legal and political spheres and in European circles of public opinion. Examining these concerns, this book reveals a widespread misunderstanding of constitutional federalism which permeates the Member State courts, popular media, and many academic communities.

• Provides in-depth analysis of the case law of the Court of Justice of the EU • Reviews the EU through a constitutional/federal lens • Highlights obstacles and opportunities for further integration in Europe towards a ‘Second Constitution’ Cambridge Studies in Constitutional Law 350pp 1 b/w illus. 2 tables September 2020 9781108487962 Hardback GBP 85.00 / USD 110.00 eISBN 9781108768399

703pp January 2020 9781107552135 Paperback GBP 32.99 / USD 49.99 June 2018 9781107119697 Hardback GBP 110.00 / USD 140.00 eISBN 9781316348628

Visit our website at www.cambridge.org/academic

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Law

Law, Democracy and the European Court of Human Rights Rory O’Connell | Ulster University

16

This book appeals to academics, students and the general public interested in how the European Court of Human Rights understands democracy in Europe. It provides arguments for those concerned with the limitations of liberal representative democracy and seeking to support more deliberative, participatory and inclusive democratic practices.

• Discusses the European Convention on Human Rights in the context of democratic theories and will appeal to those interested not just in the black letter of the European Convention law but also wider theoretical debates • Features a detailed presentation of case law on political and electoral rights that will provide readers with an in-depth understanding of multiple issues relating to the political process as seen through the lens of the European Convention on Human Rights • Discusses the potential for more deliberative, participatory and inclusive models of democracy 350pp October 2020 9781107035072 Hardback GBP 75.00 / USD 99.99 eISBN 9781139547246

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Redefining European Economic Integration Dariusz Adamski | Uniwersytet Wroclawski, Poland

Dariusz Adamski puts a new perspective on the main economic policies of the European Union. He demonstrates how these policies have made the European project crisis-prone and explains how to remedy this within the Treaty framework. This original book makes a major contribution to the literature in the field.

• Demonstrates the relationship between national policies and the travails of European economic integration • Explains which economic and political theories are useful in understanding the current state of European integration and which can serve as guidelines for reforming it • Will appeal to readers with backgrounds in EU law, economics and politics alike Cambridge Studies in European Law and Policy 516pp January 2020 9781108432610 Paperback GBP 29.99 / USD 44.99 April 2018 9781108421423 Hardback GBP 95.00 / USD 125.00 eISBN 9781108368643

The Boundaries of the EU Internal Market Participation without Membership Marja-Liisa Öberg | Lunds Universitet, Sweden

This book provides an in-depth analysis of the practice of third country participation in the European Union’s internal market and the legal conditions under which the exporting of the internal market acquis can effectively take place.

It will be of interest to academics, students, practitioners and policy-makers.

• Conceptualises the practice of exporting the EU internal market acquis to third countries outside the enlargement process • Analyses the practice of expanding the internal market without enlarging the Union from a European perspective • Examines four multilateral agreements as case studies on the practice of expanding the internal market via exporting the internal market Cambridge Studies in European Law and Policy 304pp December 2020 9781108499729 Hardback GBP 85.00 / USD 110.00 eISBN 9781108584531

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The Court of Justice of the European Union as an Institutional Actor Judicial Lawmaking and its Limits Thomas Horsley| University of Liverpool

Examines the European Court as an institutional actor and how it exercises additional, quasilegislative functions beyond its original mandate.

Essential reading for EU scholars in the fields of law and political science with interests in the study of the Court of Justice and its institutional role in European integration.

• Advances existing theories on judicial lawmaking and its limits in EU scholarship on the Court of Justice • Links EU judicial lawmaking with contemporary concerns regarding the limits of Union competencies and the democratic deficit in European integration • Draws examples from across the full spectrum of EU activity to animate the core argument, including free movement law, EU citizenship, air transport, and economic and monetary policy Cambridge Studies in European Law and Policy 326pp February 2020 9781107561137 Paperback GBP 23.99 / USD 35.99 July 2018 9781107124035 Hardback GBP 85.00 / USD 110.00 eISBN 9781316403792

The Currency of Solidarity Constitutional Transformation during the Euro Crisis Vestert Borger | Universiteit Leiden

This book examines the informal constitutional change – or transformation – of the European Union during the euro crisis and the interaction between political leaders and the European Court of Justice in its materialization. It is essential material forscholars or practitioners dealing with EU constitutional law and the single currency.

• Analyses the unity between the member states through the lens of solidarity • Reveals how the preservation of this unity during the euro crisis led to a constitutional transformation of the EU • Examines the key manifestations of this transformation and the interaction between political leaders and the ECJ in their materialisation Cambridge Studies in European Law and Policy 400pp September 2020 9781108836364 Hardback GBP 95.00 / USD 125.00 eISBN 9781108864633

Law

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The Politics of Justice in European Private Law Social Justice, Access Justice, Societal Justice Hans-W Micklitz | European University Institute, Florence

Highlights the differences between Member States’ concepts of social justice, which have developed historically, and the distinct European concept of access justice, and argues that a more positive and promising European concept of justice is developing.

• Discusses the development of European access justice and advocates access justice in private law beyond the state • Demonstrates how the EU took over social private law regulation from the struggling Member States • Overcomes the conceptualisation of European private law in national private law thinking and explores European private law as a tripartite legal order, built around access justice, social justice and societal justice Cambridge Studies in European Law and Policy 487pp February 2020 9781108439374 Paperback GBP 27.99 / USD 41.99 November 2018 9781108424127 Hardback GBP 85.00 / USD 120.00 eISBN 9781108539777

Evidence

Family Law Same-Sex Parenting and the Best Interests Principle Lydia Bracken | University of Limerick

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 270pp March 2020 9781108497190 Hardback GBP 85.00 / USD 110.00 eISBN 9781108684460

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Evaluation of Evidence Pre-Modern and Modern Approaches Mirjan Damaška | Yale University, Connecticut

Financial Law, Banking Law

For legal scholars as well as non-academic lawyers, this book deals with the question of whether the evaluation of evidence should be rule-free or rulebound. Distinguishing positive and negative legal proof, it proposes that the latter will have a bright future in view of likely scientific and technological advances.

• Proposes a new theory about the origin of Roman-canon evidence • Suggests that departures from evaluation of evidence free from legal rules should not be viewed as departures from ideal arrangements • Distinguishes positive and negative legal proof

Algo Bots and the Law

ASCL Studies in Comparative Law 160pp February 2020 9781108739719 Paperback GBP 22.99 / USD 29.99 December 2018 9781108497282 Hardback GBP 80.00 / USD 110.00 eISBN 9781108667326

Technology, Automation, and the Regulation of Futures and Other Derivatives Gregory Scopino | Georgetown University, Washington DC

The markets for derivatives are extremely important to the financial system, yet many people are unfamiliar with their influence on the global economy. Demystifying these markets, Gregory Scopino explores how the dramatic transition from human-centered trading to automated systems and artificial intelligence poses challenges to market oversight.

• Provides an overview of the primary aspects of financial technology (FinTech), equipping readers to become conversant about recent innovations • Explains how longstanding legal doctrines used to govern financial markets apply to new technologies • Outlines how people and firms are currently using artificial intelligence for derivatives 250pp October 2020 9781107164796 Hardback GBP 94.99 / USD 125.00 October 2020 9781316616536 Paperback GBP 34.99 / USD 44.99 eISBN 9781316691250

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Law

The Cambridge Handbook of Twin Peaks Financial Regulation Andrew Godwin

With contributions from over thirty leading scholars and senior regulators from around the world, this book is for anyone interested in effective models for financial regulation. It provides a scholarly, multi-disciplinary, cross-jurisdictional and internationally comparative examination of current trends, with an emphasis on the Twin Peaks model.

• Provides a detailed examination of regulatory theory as it informs financial regulation architecture • Informs the debates and scholarship developing in Twin Peaks theory and practice • Addresses both the theoretical and practical implementation aspects of Twin Peaks adoption

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Cambridge Law Handbooks 650pp March 2021 9781107186422 Hardback GBP 110.00 / USD 195.00 eISBN 9781316890592

The Financial Courts Adjudicating Disputes in Derivatives Markets Jo Braithwaite | London School of Economics and Political Science

A wide-ranging study of derivatives market litigation that will be of interest to private lawyers, financial law specialists, practitioners, regulators and economists. Braithwaite engages with the diverse legal and financial issues emerging from this substantial body of litigation in a clear, authoritative and accessible way.

• Analyses three decades of English cases involving modern derivatives markets, alongside reference to leading cases decided in New York and in other major jurisdictions (e.g., Singapore, Hong Kong) • Evaluates private law issues arising in the modern financial markets, from contractual interpretation to jurisdiction disputes • Explains the complex relationship between the evolution of financial markets and the role of the courts International Corporate Law and Financial Market Regulation 400pp December 2020 9781108474795 Hardback GBP 95.00 / USD 125.00 eISBN 9781108647434

Human Rights A Commentary on the International Covenant on Civil and Political Rights The UN Human Rights Committee’s Monitoring of ICCPR Rights Paul M. Taylor

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 944pp July 2020 9781108498852 Hardback GBP 200.00 / USD 260.00 eISBN 9781108689458

A Magna Carta for Children?

Rethinking Children’s Rights Michael Freeman | University College London

Are the rights we currently afford to children enough? This book restates the importance of law, policy and rights in improving children’s lives. This book will appeal to an interdisciplinary audience who are interested in children’s rights, children’s studies, the history of childhood, international human rights, and comparative family law.

• Provides a detailed examination of the development of children’s rights before the Convention on the Rights of the Child, including key legal and philosophical perspectives • Includes an in-depth critique of the Convention and its principles • Explores multiple facets of children’s rights and childhood, appealing to a broad audience of legal, sociological, psychological and social work scholars The Hamlyn Lectures 580pp October 2020 9781107152823 Hardback GBP 89.99 / USD 125.00 October 2020 9781316606674 Paperback GBP 29.99 / USD 39.99 eISBN 9781316591468

A Philosophical Introduction to Human Rights Thomas Mertens | Radboud Universiteit Nijmegen

Everybody has heard of human rights. But what are human rights, where do they originate and what do they mean? This book answers these questions, offering a multifaceted introduction to legal philosophy. The 1948 Universal Declaration of Human Rights provides the frame for engaging with western legal philosophy across the ages.

• Discusses ten central human rights in ten chapters, which can be read independently • Valuable both for beginners and those more advanced • Where most introductions in legal philosophy are based on contemporary literature, this book relies heavily on classical authors, most notably Kant • Suitable as an introductory text for both legal philosophy and human rights Law in Context 350pp September 2020 9781108416313 Hardback GBP 74.99 / USD 99.99 September 2020 9781108402828 Paperback GBP 26.99 / USD 34.99 eISBN 9781108236287

Catholic Cosmopolitanism and Human Rights 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 312pp March 2020 9781108486125 Hardback GBP 85.00 / USD 110.00 eISBN 9781108626446

Law

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

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 392pp February 2020 9781108484169 Hardback GBP 95.00 / USD 125.00 eISBN 9781108681841

Chinese Refugee Law and Policy Lili Song | University of Otago, New Zealand

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 226pp 3 b/w illus. 2 maps 1 table March 2020 9781108483988 Hardback GBP 85.00 / USD 110.00 eISBN 9781108669474

Climate Change, Disasters, and the Refugee Convention Matthew Scott

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

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Community Paralegals and the Pursuit of Justice Vivek Maru

The United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists.

Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access.

• The first full-length study of paralegal movements in the developing world • Covers South Africa, the Philippines, Indonesia, Kenya, Sierra Leone, and Liberia • Explains what it would take to deploy paralegals at scale to improve access to justice globally • This title is also available as Open Access 285pp November 2020 9781316612422 Paperback GBP 21.99 / USD34.99 December 2018 9781107159716 Hardback GBP 85.00 / USD110.00 eISBN 9781316671801

Due Diligence Obligations in International Human Rights Law Maria Monnheimer

Introducing an analytical framework for international due diligence obligations and testing it against several practical examples, this book is of relevance to both scholars and students of public international law as well as to practitioners and political decision-makers in the field of human rights protection.

• Introduces human rights due diligence obligations of States to address gaps in human rights protection in relation to non-State actors • Provides for a systematic and in-depth analysis of due diligence obligations in international law and introduces a general framework that makes their vague character more approachable • Includes several examples of how extraterritorial human rights due diligence obligations operate in practice 400pp November 2020 9781108841733 Hardback GBP 95.00 / USD 125.00 eISBN 9781108894784

Health as a Human Right The Politics and Judicialisation of Health in Brazil Octávio Luiz Motta Ferraz | King’s College London

This book will appeal to people interested in the effects that recognising health as a human right in law can have on the health conditions of the population. It tells the story of how, against all odds, health became a right in Brazil in 1988 and its effects since then.

• Explores the effects of the right to health in Brazil in the past 30 years and provides a comprehensive analysis of this complex and controversial topic • Presents and analyses a wealth of empirical data on the topic rarely found in the legal literature, allowing readers to see how far the theoretical debates reflect the reality on the ground • Focusses in great detail on Brazil and features a detailed case study which readers will be able to use to compare other places experiencing the same issues Cambridge Studies in Law and Society 320pp 56 b/w illus. 6 maps 7 tables October 2020 9781108483643 Hardback GBP 85.00 / USD 110.00 eISBN 9781108678605

Cambridge Asylum and Migration Studies 206pp 5 b/w illus. 2 tables February 2020 9781108478229 Hardback GBP 84.99 / USD 110.00 February 2020 9781108747127 Paperback GBP 26.99 / USD 34.99 eISBN 9781108784580

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Law

Human Rights in a Time of Populism Challenges and Responses Gerald L. Neuman | Harvard Law School, Massachusetts

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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 • Provides a global look at the subject with an international range of experts examining populism in the US, Europe, Latin America, Asia, and the international system 250pp April 2020 9781108485494 Hardback GBP 85.00 / USD 110.00 eISBN 9781108751551

TEXTBOOK

International Human Rights Law and Practice Third Edition Ilias Bantekas

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 1018pp 1 table April 2020 9781108711753 Paperback GBP 37.99 / USD 52.99 eISBN 9781108612524

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 298pp September 2020 9781108422123 Hardback GBP 89.99 / USD 110.00 September 2020 9781108433716 Paperback GBP 26.99 / USD 34.99 eISBN 9781108380768

Just Words The Effectiveness of Civil Justice in European Human Rights Jurisprudence Andrej Auersperger Matić

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 thereader to review the work of European courts with a more critical eye and understand its problems 310pp July 2020 9781108479776 Hardback GBP 85.00 / USD 110.00 eISBN 9781108786188

Limits of Supranational Justice The European Court of Human Rights and Turkey’s Kurdish Conflict Dilek Kurban

This book tells the dramatic story of how ordinary Kurds and their lawyers tried to mobilize the European Court of Human Rights against state violence in Turkey. It meticulously documents the reasons behind their successes and failures, providing sobering conclusions on the limitations of supranational courts in dealing with authoritarian regimes.

• A path-breaking account of the European Court of Human Rights’ impact in Turkey • Compellingly demonstrates the failure of supranational courts where they are most needed: protecting minorities against state violence in ethno-political conflicts • This bottom-up account of Kurdish lawyers’ experience with the European Court of Human Rights is a much-needed contribution to research on legal mobilization in authoritarian settings 300pp November 2020 9781108489324 Hardback GBP 85.00 / USD 110.00 eISBN 9781108776585

Multi-Actor Human Rights Protection at the International Criminal Court 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 274pp March 2020 9781108481069 Hardback GBP 85.00 / USD 110.00 eISBN 9781108646291

Law

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New Technologies for Human Rights Law and Practice Molly K. Land

This book is for human rights scholars and practitioners who are interested in the practical and conceptual impact of technology on their advocacy, research, and practice. It provides an explanation of the major risks and opportunities in this domain, suggests questions and issues to be considered, and offers practical strategies for navigating this complex terrain. This title is also available as Open Access.

• Defines a ‘human rights approach’ to technology • Provides analysis grounded in human rights law and practice • Action-oriented and focused on justice as a primary outcome • This title is also available as Open Access 332pp 1 b/w illus.

April 2020 9781316631416 Paperback GBP 23.99 / USD 35.99 April 2018 9781107179639 Hardback GBP 85.00 / USD 110.00 eISBN 9781316838952

On Justice Philosophy, History, Foundations Mathias Risse

Drawing on historical and analytical methods, Risse develops a unifying understanding of distributive justice across cultures while providing a broader account of the role of political philosophy. This investigation of global philosophical discourse will appeal to scholars and general readers interested in political theory, law, international relations, and intellectual history.

• Provides a comprehensive look at the work of political philosophers • Will appeal to readers with questions about justice that go beyond narrow conceptions of the term • Reflects on how ideas of justice are produced and connected to power 446pp September 2020 9781108481977 Hardback GBP 29.99 / USD 39.99 eISBN 9781108680875

Realizing Reparative Justice for International Crimes 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 250pp July 2020 9781108472685 Hardback GBP 85.00 / USD 110.00 eISBN 9781108574846

Regional Courts, Domestic Politics, and the Struggle for Human Rights Jillienne Haglund | University of Kentucky

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 341pp 31 b/w illus. 4 maps 50 tables June 2020 9781108489300 Hardback GBP 85.00 / USD 110.00 eISBN 9781108776561

Roma Rights and Civil Rights A Transatlantic Comparison Felix B. Chang

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 300pp March 2020 9781107158368 Hardback GBP 89.99 / USD 80.00 March 2020 9781316610909 Paperback GBP 29.99 / USD 39.99 eISBN 9781316663813

Social Justice for Children and Young People International Perspectives Caroline S. Clauss-Ehlers | Rutgers University, New Jersey

This volume offers a global, comprehensive view of social justice issues and interventions for young people. Readers will benefit from chapters that describe key social justice elements that have an impact on young people, discuss critical barriers to social justice for young people, use country case studies, and call for comprehensive reform.

• Provides case studies that illustrate social justice initiatives and areas where more intervention is needed • Offers a comprehensive focus on social justice with considerations healthcare, education, and social climate • Promotes the next generation of advocacy and social change for young people around the world by focusing on social justice for young people from an international perspective 350pp August 2020 9781108427685 Hardback GBP 85.00 / USD 110.00 eISBN 9781108551830

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Law

The Cambridge Handbook of Environmental Justice and Sustainable Development Sumudu A. Atapattu

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Exploring the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice, this book is a resource for scholars, students and practitioners. It examines intersecting forms of oppression that produce environmental injustice, including subordination based on gender, race, poverty, and indigeneity.

• Introduces diverse, multidisciplinary theoretical frameworks for understanding the relationship between environmental justice and the social pillar of sustainable development • Provides legal scholars and practitioners with a deeper understanding of the strategies and challenges for overcoming environmental injustice • Illustrates practical applications of intersectional analyses of environmental injustice 500pp October 2020 9781108470001 Hardback GBP 150.00 / USD 195.00 eISBN 9781108555791

The Cambridge Handbook of New Human Rights Recognition, Novelty, Rhetoric Andreas von Arnauld | Christian-Albrechts Universität zu Kiel, Germany

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 720pp 2 b/w illus.

January 2020 9781108484732 Hardback GBP 160.00 / USD 210.00 eISBN 9781108676106

The Global Governed?

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

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 Cambridge Asylum and Migration Studies 164pp 9 b/w illus. 2 tables March 2020 9781108494946 Hardback GBP 89.99 / USD 115.00 March 2020 9781108816700 Paperback GBP 29.99 / USD 39.99 eISBN 9781108848831

The Human Rights Accountability Mechanisms of International Organizations Stian Øby Johansen | Universitetet i Oslo

International organizations are becoming increasingly powerful. Consequently, they are now more capable than ever of violating the rights of individuals. This book establishes a framework for analyzing and assessing the human rights accountability mechanisms of international organizations, and applies it to three case studies.

• Establishes a framework for analyzing and assessing accountability mechanisms of international organizations that can be used to study the accountability mechanisms of any international organization • Contains three in-depth cases studies of situations where international organizations wield significant powers over individuals, providing readers with detailed knowledge of understudied accountability mechanisms • Shines light on the fact that international organizations may be human rights violators and the difficulties in holding them to account 400pp July 2020 9781108495677 Hardback GBP 95.00 / USD 125.00 eISBN 9781108862608

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 388pp 20 b/w illus.

April 2020 9781108474139 Hardback GBP 95.00 / USD 125.00 eISBN 9781108564564

Law

Transnational Corporations and Human Rights Overcoming Barriers to Judicial Remedy Gwynne L. Skinner

Documenting the recent rise of transnational corporations, Skinner details the business-related human rights and environmental law violations inflicted on local communities—along with the barriers victims face when seeking remedies. This book will interest scholars, policymakers, and anyone concerned about the role of corporations in our increasingly globalized society.

• Discusses policy recommendations for legislators, advocates, and campaigners • Examines the barriers victims face in specific, key jurisdictions while also drawing lessons from issues common to all jurisdictions • Provides an in-depth analysis of the legal doctrines of the United States, including the Alien Tort Statute 250pp August 2020 9781107199316 Hardback GBP 74.99 / USD 99.99 August 2020 9781316648803 Paperback GBP 26.99 / USD 34.99 eISBN 9781108185547

Humanitarian Law, Law of Armed Conflict Autonomous Weapon Systems and the Law of Armed Conflict Compatibility with International Humanitarian Law Tim McFarland

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 240pp 2 b/w illus. 1 table July 2020 9781108499743 Hardback GBP 85.00 / USD 110.00 eISBN 9781108584654

TEXTBOOK

International Humanitarian Law Second Edition Emily Crawford | University of Sydney

This book provides an accessible, scholarly, and upto-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 382pp 8 b/w illus.

March 2020 9781108727716 Paperback GBP 39.99 / USD 51.99 eISBN 9781108635448

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 Max Planck Trialogues 296pp January 2020 9781108481588 Hardback GBP 69.99 / USD 89.99 January 2020 9781108722988 Paperback GBP 26.99 / USD 34.99 eISBN 9781108674416

Military Necessity The Art, Morality and Law of War Nobuo Hayashi

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 460pp 2 tables March 2020 9781108484718 Hardback GBP 110.00 / USD 140.00 eISBN 9781108689359

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Reparation for Victims of Armed Conflict Cristián Correa

24

An in-depth study on the law of reparation for victims of armed conflict, drawing on three expert perspectives in ‘trialogical’ debate. It is relevant for academics, students of international law, practitioners, for the transitional justice community worldwide, in universal and regional organisations and in diverse countries.

• Examines transitional justice through a unique “trialogical” method that brings multiperspectivism to the fore • Weaves together international state responsibility, regional human rights case law, and international humanitarian law • Analyses practical experiences of implementation of reparation policies for major violations Max Planck Trialogues 260pp January 2021 9781108480956 Hardback GBP 69.99 / USD 89.99 January 2021 9781108703642 Paperback GBP 26.99 / USD 34.99 eISBN 9781108628877

The Congo Trials in the International Criminal Court Richard Gaskins | Brandeis University, Massachusetts

A fresh introduction to the ICC through immersion in the first three trials, where legal rules met the surprising complexities of central African armed conflicts. Intended for specialists as well as students of global justice, it explores legal dynamics in broad engagement with cultural difference, moral ideals, and political realities.

• Provides in-depth analyses of the only three trials completed thus far by the new International Criminal Court • Contrasts real-world social and cultural patterns with narrowed set of facts introduced in courtroom evidence • Offers a balanced view on how courtrooms seek a middle path between moral idealism and practical politics 225pp September 2020 9781108488013 Hardback GBP 85.00 / USD 110.00 eISBN 9781108768504

The Legal Legacy of the Special Court for Sierra Leone Charles C. Jalloh | Florida International University

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 250pp July 2020 9781107178311 Hardback GBP 85.00 / USD 110.00 eISBN 9781316823491

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The UN Working Group on Arbitrary Detention Commentary and Guide to Practice Jared Genser

This book is a practitioner’s manual and the first ever comprehensive analysis of the jurisprudence of this UN body focused on arbitrary detention.

It will be of great value to lawyers, human rights groups, UN officials, diplomats, governments, academics, and students alike.

• This book is a practitioner’s manual • Synthesizes, summarizes, and analyzes more than 1,200 jurisprudence cases of this UN body, in the context of the requirements of multilateral treaties and other relevant international standards • Contains five real case study examples of individual cases 654pp 20 b/w illus.

April 2020 9781108822428 Paperback GBP 19.99 / USD 25.00 September 2019 9781107034457 Hardback GBP 115.00 / USD 150.00 eISBN 9781139540711

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The Use of Armed Force in Occupied Territory Marco Longobardo | University of Westminster

Examines the conditions under which the use of armed force in occupied territory is lawful through the interplay of different rules of international law. It will be of interest to foreign office officers, military legal advisors, practitioners, and scholars dealing with the use of armed force in occupied territory.

• Provides the first detailed analysis of the ways in which armed force may be employed in occupied territory • Provides an accurate assessment of state practice and opinio juris beyond the usual examples of occupied territories • Offers a comprehensive analysis of an underexplored topic, taking into account all the relevant international law regimes 350pp February 2020 9781108461498 Paperback GBP 25.99 / USD 39.99 October 2018 9781108473415 Hardback GBP 85.00 / USD 120.00 eISBN 9781108562027

Intellectual Property Across Intellectual Property Essays in Honour of Sam Ricketson Graeme W. Austin | Victoria University of Wellington

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 Cambridge Intellectual Property and Information Law 342pp 3 b/w illus.

March 2020 9781108485159 Hardback GBP 85.00 / USD 110.00 eISBN 9781108750066

Law

Copyright’s Arc Martin Skladany

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 220pp September 2020 9781108484787 Hardback GBP 85.00 / USD 110.00 September 2020 9781108723558 Paperback GBP 26.99 / USD 34.99 eISBN 9781108676298

Digital Data Collection and Information Privacy Law 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 Cambridge Intellectual Property and Information Law 300pp 1 b/w illus. 5 tables April 2020 9781108417921 Hardback GBP 85.00 / USD 110.00 eISBN 9781108283717

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

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 Cambridge Intellectual Property and Information Law 364pp April 2020 9781107043312 Hardback GBP 95.00 / USD 125.00 eISBN 9781107338012

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Intellectual Property, Indigenous People and their Knowledge Peter Drahos | Australian National University, Canberra

After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, how international intellectual property continues today to assist states to enclose indigenous peoples’ knowledge and the networked response of indigenous people to this enclosure.

• Explains how ancestral cosmology provides a basis for indigenous peoples’ intellectual property • Develops a theory of indigenous peoples’ innovation and shows how they are innovators and not just holders of traditional knowledge • Surveys the protection that the current regime offers for indigenous knowledge and describes the problems with the regime in clear and concise language Cambridge Intellectual Property and Information Law 261pp April 2020 9781107686946 Paperback GBP 21.99 / USD 29.99 June 2014 9781107055339 Hardback GBP 73.99 / USD 102.00 eISBN 9781107295230

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

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 Cambridge Intellectual Property and Information Law 390pp 11 b/w illus. 15 tables March 2020 9781108475761 Hardback GBP 95.00 / USD 125.00 eISBN 9781108654333

The Biopolitics of Intellectual Property 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 230pp January 2020 9781108482356 Hardback GBP 84.99 / USD 110.00 January 2020 9781108712057 Paperback GBP 29.99 / USD 39.99 eISBN 9781108687232

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The Cambridge Handbook of Copyright Limitations and Exceptions Shyamkrishna Balganesh | University of Pennsylvania Law School

26

This volume is a guide for scholars, policymakers, attorneys, teachers, judges, and students interested in the theories, policies, and doctrines of copyright law. Featuring experts from around the world, the handbook offers a systematic, comparative study of copyright in major jurisdictions including the United States, the European Union, and China.

• Analyzes how copyright law interacts with other aspects of countries’ legal and regulatory landscapes • Provides readers with an understanding of the theoretical foundation of copyright limitations • Examines how global discussions of copyright exceptions can address recent technological developments Cambridge Law Handbooks 550pp November 2020 9781108483049 Hardback GBP 160.00 / USD 210.00 eISBN 9781108671101

The Cambridge Handbook of International and Comparative Trademark Law Irene Calboli

This volume describes and critically analyzes the international and regional frameworks of trademark law. A valuable resource for scholars, practitioners, and policy-makers, the book also provides comparative perspectives on substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names.

• The first book to systematically address the legal protection of trademarks from a comparative perspective across multiple jurisdictions • Offers a comprehensive review of the history and development of trademark law from the first multilateral treaties to today’s free trade agreements • Presents national examples of trademark law and reviews these in a comparative context Cambridge Law Handbooks 700pp 14 b/w illus. 1 table September 2020 9781108423090 Hardback GBP 190.00 / USD 250.00 eISBN 9781108399456

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The Right to Privacy Origins and Influence of a Nineteenth-Century Idea Megan Richardson | University of Melbourne

With the inclusion of original and archival material, this book is a unique contribution to the history of the modern right to privacy. This book will appeal to an audience of academic and postgraduate researchers, as well as to the judiciary and legal practice.

• Provides a comprehensive history of the right to privacy, exploring the significant developments within the nineteenth century • Focusses on developments in the UK, the US and continental Europe, demonstrating that the history of the right to privacy is both comparative and strongly rooted in common law jurisdictions • Includes original and archival material from judges, legislators and commentators Cambridge Intellectual Property and Information Law 185pp 10 b/w illus.

January 2020 9781108411684 Paperback GBP 19.99 / USD 29.99 September 2017 9781108419697 Hardback GBP 88.99 / USD 116.00 eISBN 9781108303972

Transition and Coherence in Intellectual Property Law Essays in Honour of Annette Kur Niklas Bruun

This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.

• Addresses a range of pressing topics from across IP law • Features contributions from 45 leading academics from around the world • Identifies possible transcendental features of IP law Cambridge Intellectual Property and Information Law 450pp November 2020 9781108484602 Hardback GBP 95.00 / USD 125.00 eISBN 9781108688529

Viral Sovereignty and Technology Transfer The Changing Global System for Sharing Pathogens for Public Health Research Sam F. Halabi

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 280pp 4 maps June 2020 9781108484725 Hardback GBP 85.00 / USD 110.00 eISBN 9781108676076

International Economic and Trade Law, Wto Law Admissibility of Shareholder Claims under Investment Treaties Gabriel Bottini

States have expressed concern about shareholders claiming before international tribunals for harm to company assets. Proposals are being discussed to reform investment arbitration to deal with this problem and this book proposes appropriate solutions without the need for substantial reforms or the complete abandonment of investment arbitration.

• Argues that shareholder treaty claims are not ‘independent’ from related national law claims, demonstrating the importance of considering the company’s position, national law and the impact of national claims in the resolution of investment treaty disputes • Proposes specific admissibility criteria applicable to shareholder treaty claims and provides concrete guidance to apply admissibility to shareholder treaty claims relating to harm suffered by the company’s assets • Clarifies that shareholder treaty claims often involve the same damages as the company’s national law claims 296pp September 2020 9781108494526 Hardback GBP 85.00 / USD 110.00 eISBN 9781108658522

Law

NEW IN PAPERBACK

ASEAN Law in the New Regional Economic Order Global Trends and Shifting Paradigms Pasha L. Hsieh | Singapore Management University

This volume explores cutting-edge areas of ASEAN law in national, regional and global contexts and analyses the development of commercial laws in the ASEAN Economic Community. It provides a guide for policy-makers, and business and legal professionals to understand the new dynamics of Asia-Pacific regionalism.

• Proposes a normative framework of the new regional economic order that will appeal to policy-makers and academics who specialize in regional integration • Provides a comprehensive legal analysis of ASEAN law in national, regional and global contexts and explores the legal frameworks for realizing the ASEAN Economic Blueprint 2025 • Examines the impact of ASEAN law and mega-regional trade agreements on commercial laws in ASEAN countries 450pp 2 b/w illus. 4 tables November 2020 9781108949293 Paperback GBP 27.99 / USD 41.99 March 2019 9781108424998 Hardback GBP 110.00 / USD 140.00 eISBN 9781108563208

Dictionary of Trade Policy Terms Sixth Edition Walter Goode

This book is intended for persons required to be familiar with the world of trade policy. It contains in accessible language over 3000 entries and cross-references of terms and concepts. It is aimed particularly at current issues, but it also provides a brief historical perspective of more complex issues.

• Gives a comprehensive overview of the terms and concepts used in international trade policy • Explains these terms and concepts in accessible language and provides numerous examples of how they are used • Nearly all entries include cross-references allowing readers to see the material in a broader context 600pp October 2020 9781108842983 Hardback GBP 94.99 / USD 125.00 October 2020 9781108823197 Paperback GBP 41.99 / USD 54.99 eISBN 9781108913638

Dispute Settlement Reports 2018 Volume 1 Pages 1 to 602 World Trade Organization

NEW IN PAPERBACK

Contributory Fault and Investor Misconduct in Investment Arbitration Martin Jarrett

No area of law is growing as fast and courting as much controversy as international investment law.

Much of this controversy stems from its design, as obligations are placed on host states, but not investors. This book reveals how host states can hold investors accountable for their negligence and misconduct.

• Proposes a theory on how rules of international investment law can be categorised according to their legal functions • Constructs a definition of ‘defence’ and develops a theory on causation in the law • Devises a method for reason-based apportionments of liability, for cases involving contributory fault • Explores different forms of investor misconduct, and the rules for each mismanagement, investment reprisal, and post-establishment illegality are laid down 205pp June 2020 9781108722346 Paperback GBP 21.99 / USD 32.99 July 2019 9781108481403 Hardback GBP 85.00 / USD 110.00 eISBN 9781108630511

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 World Trade Organization Dispute Settlement Reports 612pp March 2020 9781108496353 Hardback GBP 170.00 / USD 220.00 eISBN 9781108866989

Dispute Settlement Reports 2018 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: 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 World Trade Organization Dispute Settlement Reports 626pp March 2020 9781108834667 Hardback GBP 170.00 / USD 220.00 eISBN 9781108876407

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27

Law

28

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

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

Dispute Settlement Reports 2018

Dispute Settlement Reports 2018

Volume 4 Pages 1613 to 1982 World Trade Organization

Volume 7 Pages 3391 and 3922 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: 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

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

World Trade Organization Dispute Settlement Reports 604pp March 2020 9781108496018 Hardback GBP 170.00 / USD 220.00 eISBN 9781108865593

World Trade Organization Dispute Settlement Reports 476pp March 2020 9781108836845 Hardback GBP 170.00 / USD 220.00 eISBN 9781108872713

World Trade Organization Dispute Settlement Reports 402pp March 2020 9781108834605 Hardback GBP 170.00 / USD 220.00 eISBN 9781108876230

World Trade Organization Dispute Settlement Reports 786pp March 2020 9781108834612 Hardback GBP 170.00 / USD 220.00 eISBN 9781108876254

World Trade Organization Dispute Settlement Reports 883pp March 2020 9781108834629 Hardback GBP 170.00 / USD 220.00 eISBN 9781108876308

World Trade Organization Dispute Settlement Reports 568pp March 2020 9781108834636 Hardback GBP 170.00 / USD 220.00 eISBN 9781108876322

Law

Dispute Settlement Reports 2018 Volume 8 Pages 3923 and 4796 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: 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 World Trade Organization Dispute Settlement Reports 876pp March 2020 9781108834643 Hardback GBP 170.00 / USD 220.00 eISBN 9781108876346

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 World Trade Organization Dispute Settlement Reports 470pp March 2020 9781108834650 Hardback GBP 170.00 / USD 220.00 eISBN 9781108876384

GATT Dispute Settlement Reports 6 Volume Hardback Set Disputes Initiated in 1948–1993 World Trade Organization

GATT Dispute Settlement Reports compiles all dispute settlement reports issued under the General Agreement on Tariffs and Trade (GATT 1947), including its Tokyo Round plurilateral codes, from 1948 to 1995 as identified in GATT Disputes: 1948-1995 published by the WTO. This complete set includes both adopted and unadopted reports.

• Provides a complete set of all GATT Dispute Settlement Reports issued during the lifetime of the GATT (1948-1995) • Each volume consists of scans of the original reports • This is the only complete set of GATT dispute settlement reports, including some reports that have only recently been discovered 4800pp October 2020 9781108495424 6 Hardback books GBP 600.00 / USD 780.00 eISBN 9781108849814

ICSID Reports Volume 18 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 Convention on the Settlement of Investment Disputes Reports 938pp 3 tables August 2020 9781107060616 Hardback GBP 250.00 / USD 325.00 eISBN 9781107447455

Indigenous Peoples and International Trade Building Equitable and Inclusive International Trade and Investment Agreements 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 352pp 1 table June 2020 9781108493062 Hardback GBP 85.00 / USD 110.00 eISBN 9781108675321

NEW IN PAPERBACK

Industrial Policy and the World Trade Organization Between Legal Constraints and Flexibilities Sherzod Shadikhodjaev

This book will appeal to government officials, researchers, scholars, students and others interested in public policy in the areas of industry and trade. The book explains, in accessible language, highly technical WTO rules and jurisprudence to point out and discuss restrictions and flexibility’s vis-à-vis industrial policy-makers.

• Considers both economic and legal aspects of the industrial policy • Uses plain language and easy explanation of highly technical trade rules and issues, allowing readers with little knowledge of the area to understand material • Explores various issues from the real practice of industrial policy, providing policy recommendations and implications where applicable • Looks at how industrial policies have been operated domestically and dealt with in international forums using real examples and global trends Cambridge International Trade and Economic Law 347pp March 2020 9781316508459 Paperback GBP 23.99 / USD 5.99 November 2018 9781107145085 Hardback GBP 80.00 / USD 110.00 eISBN 9781316535172

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Law

International Trade, Investment, and the Sustainable Development Goals World Trade Forum Cosimo Beverelli

30

This book explores how trade and foreign investment can be harnessed to achieve the 2030 Sustainable Development Goals. Its multidisciplinary approach will appeal to economists, lawyers and political scientists who work on economic globalization and/ or development, as well as domestic and international policymakers.

• A genuinely multi-disciplinary collaboration reflecting the three core disciplines of its editors – economics, law and political science • Explores both trade and foreign investment as vectors for the achievement of the Sustainable Development Goals • Engages with empirical research that either challenges or extends the research profile of existing claims in the literature 250pp October 2020 9781108840880 Hardback GBP 85.00 / USD 110.00 eISBN 9781108881364

NEW IN PAPERBACK

Protection of Legitimate Expectations in Investment Treaty Arbitration A Theory of Detrimental Reliance Teerawat Wongkaew

In this book, scholars and practitioners in the field of investment treaty arbitration will gain a deeper understanding of the fair and equitable treatment provision, namely the protection of legitimate expectations. It questions why the law should protect the investor’s legitimate expectations and looks at how to protect such expectations.

• Aims to provide a deeper understanding into the doctrine of legitimate expectations through a philosophical perspective • Features critical assessment of the current approaches to the doctrine of legitimate expectations • Uses philosophical principles to form a normative framework for resolving concrete cases 308pp August 2020 9781108825061 Paperback GBP 23.99 / USD 35.99 February 2019 9781108474283 Hardback GBP 85.00 / USD 120.00 eISBN 9781108675680

Shareholders’ Claims for Reflective Loss in International Investment Law Lukas Vanhonnaeker | McGill University, Montréal

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 Cambridge International Trade and Economic Law 375pp 14 b/w illus.

July 2020 9781108489430 Hardback GBP 95.00 / USD 125.00 eISBN 9781108784023

NEW IN PAPERBACK

State Responsibility for Breaches of Investment Contracts Jean Ho | National University of Singapore

This is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection.

It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.

• Carves out the special law on investment contract protection from the general law of state responsibility, enabling participants and observers of international investment law to apply a bespoke body of rules to contractual disputes between foreign investors and host states • Explores unknown origins of contractual protection in international law through original archival research, showing how history exerts an important influence on the modern practice of investment contract protection • Discusses the future of investment contract protection from legal and political developments providing alternative perspectives on the legitimacy and longevity of international investment law Cambridge Studies in International and Comparative Law 378pp February 2020 9781108402439 Paperback GBP 25.99 / USD 39.99 October 2018 9781108415842 Hardback GBP 95.00 / USD 130.00 eISBN 9781108235297

NEW IN PAPERBACK

The Law, Economics and Politics of International Standardisation Panagiotis Delimatsis | Universiteit van Tilburg, The Netherlands

Featuring an empirically based approach, this book offers a multidisciplinary analysis on the foundations of international standard-setting.

Contributors expertly examine the peculiarities of international standardisation and shed light on the attributes of international standard-setters, allowing comparisons among standard-setting bodies and identifying best practices to improve our understanding about standardisation processes.

• Provides a multidisciplinary and comprehensive analysis of international standard-setting • Identifies best practices and improves understanding about the standardisation processes • Covers the most important areas (trade, development and innovation) that are associated with standard-setting, but also delves into real-life procedural and substantive elements Cambridge International Trade and Economic Law 517pp 15 b/w illus. 14 tables November 2020 9781107571945 Paperback GBP 29.99 / USD 44.99 December 2015 9781107128330 Hardback GBP 98.99 / USD 140.00 eISBN 9781316423240

Law

NEW IN PAPERBACK

The Legitimacy of International Trade Courts and Tribunals Robert Howse | New York University

This volume investigates the legitimacy of international trade courts and tribunals on the basis of their operation and performance. It covers a number of regional adjudicators that are highly under-studied and features visions from both academics and practitioners across several disciplines.

• Provides a comprehensive study of the multitude of international trade courts, offering comparative analysis across the board • Features in-depth analysis of regional ITCTs that are under-studied, and offers substantive discussion of a number of regional adjudicators • Presents an inter-disciplinary study of adjudication legitimacy with visions from political scientists, lawyers and legal philosophers Studies on International Courts and Tribunals 545pp January 2020 9781108440295 Paperback GBP 29.99 / USD 44.99 April 2018 9781108424479 Hardback GBP 95.000 / USD 125.00 eISBN 9781108335690

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

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 Cambridge International Trade and Economic Law 356pp 31 b/w illus. 11 tables April 2020 9781108486453 Hardback GBP 85.00 / USD 110.00 eISBN 9781108762946

Jurisprudence, Legal Theory A General Right to Conscientious Exemption Beyond Religious Privilege John Adenitire | Queen Mary University of London

The book argues that there is a general right to conscientiously object to any legal obligation whatsoever on the basis of religious or nonreligious conscientious beliefs in US, Canadian and UK law. The book provides a liberal and valuepluralist defence of the general right.

• The first monograph to provide a legal and theoretical analysis of the practice of conscientious exemptions in the US, Canada and UK • Provides in depth and up to date analysis of all the relevant case law making readers aware of the most recent legal developments • Provides a sustained argument as to the existence of the general right and as to its availability to non-religious objectors 344pp July 2020 9781108478458 Hardback GBP 85.00 / USD 110.00 eISBN 9781108777780

TEXTBOOK

Australian Intellectual Property Law Fourth Edition Mark J. Davison | Monash University, Victoria

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 808pp September 2020 9781108746953 Paperback GBP 89.99 / USD 120.00 eISBN 9781108784443

Class Actions and Government 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 464pp 9 b/w illus. 12 tables April 2020 9781107043978 Hardback GBP 110.00 / USD 140.00 eISBN 9781107358317

Statutory Interpretation Pragmatics and Argumentation Douglas Walton | University of Windsor, Ontario

Drawing on linguistics, legal theory, computing, and dialectics, this book analyzes statutory interpretation in terms of arguments used in everyday reasoning. The authors illustrate complex, crucial legal cases with diagrams and summarize them in schemes, making the methodology accessible to scholars, professionals, and students across disciplines.

• Approaches the complex problem of statutory interpretation with an interdisciplinary perspective • Provides argumentation maps that help readers without a background in law understand the legal reasoning tools proposed • Uses numerous legal cases to summarize, classify, and illustrate the proposed analytical methods 320pp November 2020 9781108429344 Hardback GBP 85.00 / USD 110.00 eISBN 9781108554572

Visit our website at www.cambridge.org/academic

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Law

The Cambridge Companion to the Philosophy of Law John Tasioulas | King’s College London

32

The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy, written by a stellar international cast of contributors. The volume is an exceptional teaching tool, covering themes such as law’s nature, the values it should serve, and issues within specific areas of law from crime to contract.

• Provides comprehensive coverage of the main topics in legal philosophy, for use as a primary reference by students • Offers high quality and reliable discussion, featuring new thoughts by leading figures in the field • Features a strong emphasis on the philosophy of specific areas of law, such as tort, contract and criminal law Cambridge Companions to Law 434pp July 2020 9781107087965 Hardback GBP 75.00 / USD 99.99 July 2020 9781107458222 Paperback GBP 29.99 / USD 9.99 eISBN 9781316104439

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 this has influenced our legal tradition 146pp May 2020 9781108485296 Hardback GBP 85.00 / USD 110.00 eISBN 9781108755993

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 ASIL Studies in International Legal Theory 408pp February 2020 9781108475143 Hardback GBP 95.00 / USD 125.00 eISBN 9781108566360

Law and Economics Law and Reputation How the Legal System Shapes Behavior by Producing Information Roy Shapira

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 250pp September 2020 9781107186507 Hardback GBP 69.99 / USD 89.99 September 2020 9781316637258 Paperback GBP 29.99 / USD 39.99 eISBN 9781316890653

Law and Technology, Science, Communication After the Digital Tornado Networks, Algorithms, Humanity Kevin Werbach

Once a seemingly unambiguous benefit to society, the internet is now the basis for invasions of privacy, massive concentrations of power, and manipulation. Featuring leading technology scholars, this collection examines the challenges of building networks and algorithms that benefit humanity. This title is also available as Open Access on Cambridge Core.

• Presents a coherent framework for understanding diverse issues relating to law, policy, and ethics of emerging technology • Features parts of the original 1997 ‘Digital Tornado’ paper that provides insightful historical context for today’s challenges • This title is also available as Open Access on Cambridge Core 320pp July 2020 9781108426633 Hardback GBP 85.00 / USD 110.00 eISBN 9781108610018

Algorithms and Law Martin Ebers

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 319pp 1 b/w illus. 1 table July 2020 9781108424820 Hardback GBP 85.00 / USD 110.00 eISBN 9781108347846

Law

Blockchain Democracy

Runaway Technology

Technology, Law and the Rule of the Crowd William Magnuson

Can Law Keep Up? Joshua A. T. Fairfield

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

Fairfield provides a fresh look at how we can create the kind of laws that help humans thrive in the face of technological change. Examining how law is a kind of social technology, this book is for anyone interested in the fields of property, privacy, security, and law and technology.

• Explains how language and law evolve and interact with a multi-disciplinary approach • Offers a roadmap for evaluating legal rules that will benefit humanity and solve complex problems of future technology • Analyzes surveillance capitalist messaging around law

300pp 1 table February 2020 9781108482363 Hardback GBP 84.99 / USD 110.00 February 2020 9781108712088 Paperback GBP 22.99 / USD 29.99 eISBN 9781108687294

Governing New Frontiers in the Information Age Toward Cyber Peace Scott J. Shackelford | Indiana University

This book undertakes a novel approach to managing cyber risk by gleaning lessons from how the international community has addressed other global collective action problems such as climate change. It leverages the field of polycentric governance to craft nimble solutions that are both dynamic, and promote sustainable development and peace.

• Explains how and why the way in which we govern the frontiers is changing, and what that means for the future • Explores what the frontiers have in common, and how they differ • Demystifies the global commons and why we can no longer ignore what happens ‘out there’ 516pp 18 b/w illus. 12 tables March 2020 9781108427739 Hardback GBP 110.00 / USD 140.00 eISBN 9781108604000

Life after Privacy Reclaiming Democracy in a Surveillance Society Firmin DeBrabander

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 180pp September 2020 9781108491365 Hardback GBP 64.99 / USD 84.99 September 2020 9781108811910 Paperback GBP 19.99 / USD 24.99 eISBN 9781108868280

250pp February 2021 9781108426121 Hardback GBP 49.99 / USD 64.99 February 2021 9781108444576 Paperback GBP 15.99 / USD 19.95 eISBN 9781108545839

NEW IN PAPERBACK

The Cambridge Handbook of Consumer Privacy Evan Selinger | Rochester Institute of Technology, New York

This is the only comprehensive book on consumer privacy. It brings together world-class and highly diverse scholars, activists, business leaders, and policymakers. It is the only volume that readers need to consult to learn why consumer privacy is hotly debated and how progress can be made on the key issues.

• Proposes a new view of the consumer privacy debates • Provides an interdisciplinary account of consumer privacy issues that includes contributions from industry leaders, activists, and policymakers • Offers new pathways forward to move us beyond the current consumer privacy impasses Cambridge Law Handbooks 613pp December 2020 9781108971461 Paperback GBP 32.99 / USD 49.99 April 2018 9781107181106 Hardback GBP 115.00 / USD 150.00 eISBN 9781316831960

The Cambridge Handbook of the Law of Algorithms Woodrow Barfield | University of Washington

Featuring thirty-five chapters from US, EU, and Asian scholars, this volume explores how algorithms are not only challenging current law, but also the foundations of society itself. The book’s interdisciplinary approach makes it a key resource for scholars of law, information and computer science, and engineering, as well as legislators.

• Presents case law, statutes, and legislative discussion in one comprehensive format • Discusses how algorithms are affecting all aspects of society, from criminal law issues to free speech and discrimination law • Offers up-to-date solutions on how to address the challenges stemming from the use of artificial intelligence and algorithms 500pp October 2020 9781108481960 Hardback GBP 200.00 / USD 260.00 eISBN 9781108680844

Visit our website at www.cambridge.org/academic

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Law

NEW IN PAPERBACK

The Cambridge Handbook of the Law of the Sharing Economy Nestor M. Davidson

34

This Handbook addresses, conceptually and practically, what the sharing economy means for law and how law, in turn, is shaping the sharing economy. It will appeal to an interdisciplinary audience of scholars and students studying the burgeoning sharing economy, along with policy makers, legislators, and regulators across multiple jurisdictions.

• Approaches issues in the regulation of the sharing economy from legal, sociological, economic, and business perspectives • Provides reader with a one-stop source for recent research on the sharing economy • Offers succinct chapters from leading experts Cambridge Law Handbooks 521pp 12 b/w illus. 4 tables October 2020 9781108971447 Paperback GBP 29.99 / USD 44.99 January 2019 9781108416955 Hardback GBP 160.00 / USD 225.00 eISBN 9781108255882

The Reasonable Robot Artificial Intelligence and the Law Ryan Abbott

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 artificial intelligence (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 300pp June 2020 9781108472128 Hardback GBP 84.99 / USD 110.00 June 2020 9781108459020 Paperback GBP 22.99 / USD 29.99 eISBN 9781108631761

Legal History NEW IN PAPERBACK

Challenges to Authority and the Recognition of Rights From Magna Carta to Modernity Catharine MacMillan | King’s College London

Leading scholars explore the significance of Magna Carta in the recognition of rights, both in England and other parts of the world. This collection will be of interest to legal historians, legal academics, lawyers and historians concerned with a thematic development of how, and why, law changes over time.

• Challenges authority across both private and public spheres over time and in different legal jurisdictions • Proposes a new view as to the lasting legacy of Magna Carta and offers new insights into its global reach • Provides new insight into the nature and processes of legal change 361pp January 2020 9781108453363 Paperback GBP 21.99 / USD 32.99 August 2018 9781108429238 Hardback GBP 95.00 / USD 125.00 eISBN 9781108554336

NEW IN PAPERBACK

English Legal History and its Sourcesn Arbitrary Detention Essays in Honour of Sir John Baker David Ibbetson | University of Cambridge

This book is for all interested in the history of English law, whether lawyers or historians. It presents new work by leading scholars on the sources of English legal history, including law reports and reporting, courts and records of litigation, images of the law, and legal practice and legal learning.

• A Festschrift in honour of Professor Sir John Baker, a world-renowned legal historian of exceptional stature, by a group of those associated with Sir John’s work and career, distinguished legal historians in their own right • Designed to address, in broad terms, the theme of sources of English legal history which will be valuable as a scholarly resource in that respect • A high proportion of the chapters in the book contain new work on sources not previously examined, or not previously examined for the purposes addressed in the chapters 421pp 2 b/w illus. 6 tables November 2020 9781108716345 Paperback GBP 27.99 / USD 41.99 May 2019 9781108483063 Hardback GBP 95.00 / USD 125.00 eISBN 9781108672542

Identifying and Regulating Religion in India Law, History and the Place of Worship Geetanjali Srikantan | Tilburg University, The Netherlands

This exhaustively researched monograph discusses the colonial legal regulation of the place of worship in India by drawing on insights from post-colonial theory and religious studies. It equips students and legal practitioners with the ability to critically analyse matters of law and religion through the intellectual history of colonial law.

• Provides a comprehensive historical overview of colonial law in relation to the place of worship • Analyses unexplored archival material from the Indian Supreme Court on the definition of Hinduism 300pp September 2020 9781108840538 Hardback GBP 85.00 / USD 110.00 eISBN 9781108886307

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 Law and Christianity 370pp June 2020 9781108498265 Hardback GBP 85.00 / USD 110.00 eISBN 9781108633499

Law

Legal Sabotage

Modernising Legal Education

Ernst Fraenkel in Hitler’s Germany Douglas Morris

Catrina Denvir | Monash University, Victoria

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 Cambridge Studies in Constitutional Law 344pp August 2020 9781108835008 Hardback GBP 85.00 / USD 110.00 eISBN 9781108872324

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 280pp 16 b/w illus. 4 tables January 2020 9781108475754 Hardback GBP 85.00 / USD 110.00 eISBN 9781108663311

Medical Law, Health Law NEW IN PAPERBACK

Networks and Connections in Legal History Michael Lobban | London School of Economics and Political Science

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 350pp 1 b/w illus.

September 2020 9781108490887 Hardback GBP 85.00 / USD 120.00 eISBN 9781108859141

Legal Skills and Practice Legal Informatics

Bioethics in Action Françoise Baylis | Dalhousie University, Nova Scotia

A collection of bioethical case studies that shows why ethical behaviour matters more than bioethics commentary. Will be of interest to those working and teaching in bioethics, health law, research ethics, public policy, medical technology and pharmaceutical development, governmental affairs, and the history and philosophy of science and medicine.

• A much-needed resource for those working and teaching bioethics, health law, research integrity, research ethics, public policy, medical technology and pharmaceutical development, governmental affairs, the history and philosophy of science and medicine, journalism, media studies, and non-profit administration and advocacy • Explores the relationships between: scholarship and advocacy; medical ethics and health law; medical care and medical research; public and private sectors; journalism and scholarship; and governmental and non-governmental actors • Provides practical approaches and warnings about intervening in thorny ethical issues Cambridge Bioethics and Law 188pp January 2020 9781107543935 Paperback GBP 19.99 / USD 29.99 May 2018 9781107120891 Hardback GBP 85.00 / USD 110.00 eISBN 9781316343197

Daniel Martin Katz | Chicago-Kent College of Law

Integrating theory, history, and real-world case studies, this book offers a first-of-its-kind overview of the discipline behind the transformation of the production and economics of the legal industry.

Legal Informatics is an ideal resource for anyone interested in identifying, understanding, and executing opportunities in this exciting field.

• Presents an introduction to legal technology and informatics in relatively non-technical, accessible language • Features more than 20 contributing authors who provide a variety of perspectives on the field • Includes 10–15 practical examples in which principles are applied to real-use cases 600pp January 2021 9781107142725 Hardback GBP 140.00 / USD 180.00 eISBN 9781316529683

Visit our website at www.cambridge.org/academic

35

Law

Disability, Health, Law, and Bioethics I. Glenn Cohen | Harvard Law School, Massachusetts

36

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’ 380pp 7 b/w illus.

April 2020 9781108485975 Hardback GBP 99.99 / USD 130.00 April 2020 9781108725408 Paperback GBP 38.99 / USD 49.99 eISBN 9781108622851

Human Germline Genome Modification and the Right to Science A Comparative Study of National Laws and Policies Andrea Boggio

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 324pp 6 b/w illus. 8 tables January 2020 9781108499873 Hardback GBP 135.00 / USD 175.00 eISBN 9781108759083

NEW IN PAPERBACK

Self-Ownership, Property Rights, and the Human Body A Legal and Philosophical Analysis Muireann Quigley | University of Birmingham

How should the law deal with the challenges raised by advancing biotechnology? This book offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. It will appeal to academics working on issues crossing biotechnology, law, ethics and policy.

• Includes a robust discussion of self-ownership and provides a new perspective to the legal literature • Brings together legal and philosophical scholarship in the area and enriches the discourse by taking a wider and more integrated view • Discusses in-depth the legislative and common law background by covering a number of jurisdictions: England and Wales, Scotland, US, Canada and Australia Cambridge Bioethics and Law 362pp January 2020 9781108797740 Paperback GBP 25.99 / USD 39.99 April 2018 9781107036864 Hardback GBP 95.00 / USD 125.00 eISBN 9781139568326

Private International Law TEXTBOOK

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

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 1022pp 4 b/w illus.

May 2020 9781108721134 Paperback GBP 52.99 / USD 68.99 eISBN 9781108774819

Private Law Fiduciaries and Trust Ethics, Politics, Economics and Law 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 352pp 3 b/w illus. 1 table April 2020 9781108480420 Hardback GBP 95.00 / USD 125.00 eISBN 9781108616225

Law

NEW IN PAPERBACK

Regulatory Integration Across Borders Public–Private Cooperation in Transnational Regulation Rebecca Schmidt | Dublin City University

This book examines public-private cooperation in transnational regulation and analyzes how and why different types of regulators interact in a global context. As a highly interdisciplinary work it combines international law scholarship with works on transnational private regulation and governance.

• Examines cooperation between public international organizations and private actors in transnational regulation • Looks at the exchange of regulatory resources between different types of regulators in a fragmented transnational context • Proposes a network approach to an understanding of the transnational legal order • Contains two in-depth case studies to provide a detailed depiction of regulatory cooperation Cambridge Studies in Transnational Law 257pp 4 b/w illus.

February 2020 9781108445535 Paperback GBP 22.99 / USD 34.99 December 2018 9781108426787 Hardback GBP 85.00 / USD 120.00 eISBN 9781108667692

Principles of Property Law Alison Clarke | University of Surrey

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 Law in Context 748pp 1 table June 2020 9781107090538 Hardback GBP 94.99 / USD 125.00 June 2020 9781107462564 Paperback GBP 39.99 / USD 51.99 eISBN 9781316106891

NEW IN PAPERBACK

Property Law

Property Law in a Globalizing World

A Liberal Theory of Property

Amnon Lehavi

Hanoch Dagan

Property law can and should expand people’s opportunities for individual and collective self-determination while restricting options of interpersonal domination. This book is for scholars and students across disciplines from philosophy and economics to political science, as well as anyone interested in the cutting edge of private law theory.

• Shows why the justification and legal architecture of property must be examined in tandem • Develops a theory of property that accommodates seemingly conflicting normative commitments • Offers coherent liberal proposals relevant to ongoing legal reform debates 250pp October 2020 9781108418546 Hardback GBP 60.00 / USD 115.00 October 2020 9781108407533 Paperback GBP 24.99 / USD 29.99 eISBN 9781108290340

This book identifies the main challenges that processes of globalization pose for the study and practice of property law. It offers a clear analysis of legal scenarios implicating cross-border property rights, covering a range of resources, from land, goods, and intangible financial assets, to intellectual property, data, and digital assets.

• Offers a clear and straightforward analysis of legal scenarios implicating cross-border property interests • Discusses the entire plethora of assets, from land, tangible goods, and intangible financial assets, up to intellectual property, digital assets, and data • Includes a detailed account of current property law concepts, doctrines, and comparative law pointers, alongside a theoretical analysis Global Law Series 300pp November 2020 9781108441193 Paperback GBP 23.99 / USD 35.99 January 2019 9781108425124 Hardback GBP 85.00 / USD 120.00 eISBN 9781108595391

Public International Law A History of Humanitarian Intervention 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’ 286pp February 2020 9781107061927 Hardback GBP 85.00 / USD 110.00 eISBN 9781107449459

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Law

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

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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 344pp 4 tables May 2020 9781108483971 Hardback GBP 85.00 / USD 110.00 eISBN 9781108669450

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 300pp 3 tables January 2020 9781108481434 Hardback GBP 85.00 / USD 110.00 eISBN 9781108630658

An Introduction to the International Criminal Court 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 nonspecialists.

• Offers a succinct but authoritative introduction to the law and practice of the International Criminal Court • Accessible to non-specialists • This sixth edition is up to date as of May 2019 640pp July 2020 9781108727365 Paperback GBP 37.99 85 / USD 49.99 eISBN 9781108616157

Capitalism As Civilisation A History of International Law Ntina Tzouvala

This monograph offers a comprehensive history of the standard of civilisation, a core component of the history of international law, that also shows its relevance for contemporary lawyers. It offers a distinctive intervention in the context of the recent revival of the history and theory of international law.

• Offers a fresh perspective to disciplinary debates about legal indeterminacy by showing that the contradictions of ‘civilisation’ are the way the pro-capitalist bias of international law manifests itself • Combines methodological tools drawn from Marxism and deconstruction, enabling the reader to take the textuality of the law seriously while also situating these texts within the structures of global capitalism • Elucidates the role and continuing purchase of racialised and gendered tropes for international legal argumentation and helps its audience decipher the racist and sexist presuppositions of supposedly neutral legal doctrines Cambridge Studies in International and Comparative Law 230pp November 2020 9781108497183 Hardback GBP 85.00 / USD 110.00 eISBN 9781108684415

Climate Change Litigation in the Asia Pacific Jolene Lin | National University of Singapore

This edited collection is the first to comprehensively consider the role that litigation can play in galvanizing climate action in countries including Pakistan, Indonesia, Malaysia and China. Scholars, lawyers, and students of law and environmental studies will find this immensely useful.

• Provides in-depth case studies of climate litigation in selected jurisdictions in the Asia Pacific region (e.g., Indonesia, Australia and Malaysia) • Features a dedicated section on climate change litigation in China and a detailed academic analysis of climate litigation in China (in the English language) • Includes contributions from both established and emerging scholars from Global North and Global South and contains a wide range of perspectives 500pp September 2020 9781108478465 Hardback GBP 110.00 / USD 140.00 eISBN 9781108777810

Law

NEW IN PAPERBACK

Coalitions of the Willing and International Law The Interplay between Formality and Informality Alejandro Rodiles

Appealing to international legal scholars and students concerned with the changing structures of international law, as well as to those audiences in academia, think tanks, and foreign ministries concerned with the law and politics of contemporary international legal strategies, and the role of law in global governance.

• Explores the complexities of the ‘coalition of the willing’ through an engagement with frame and conceptual metaphor theory • Analyzes new forms of global regulation using frame theory in legal and non-legal contexts • Includes thorough and detailed case studies of coalitions of the willing and their interactions with formal institutions • Engages in a critical appraisal of regime interaction and complexity that will appeal to those who seek to go beyond pragmatic and managerial approaches to complexity-driven global governance Cambridge Studies in International and Comparative Law 315pp February 2020 9781108463263 Paperback GBP 23.99 / USD 35.99 August 2018 9781108493659 Hardback GBP 85.00 / USD 110.00 eISBN 9781108680431

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Comparative Reasoning in International Courts and Tribunals Daniel Peat | Universiteit Leiden

By adopting a comparative analysis of the practice of five international courts and tribunals, this book systematically describes and analyses the use of domestic law to interpret international law.

The findings of the book, which blends doctrinal and theoretical approaches, will be of interest to practitioners and academic researchers alike.

• Presents a novel examination of the use of domestic law in the interpretation of international law • Adopts a comparative analysis of the practice of five international courts and tribunals which will be of interest to academics specialising in distinct sub-fields of international law • Blends doctrinal and theoretical approaches and links interpretative practice to broader theoretical questions

Complementarity, Catalysts, Compliance The International Criminal Court in Uganda, Kenya, and the Democratic Republic of Congo Christian M. De Vos

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 Cambridge Studies in International and Comparative Law 384pp April 2020 9781108472487 Hardback GBP 95.00 / USD 125.00 eISBN 9781108560436

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Conceptual and Contextual Perspectives on the Modern Law of Treaties Michael J. Bowman | University of Nottingham

This volume considers modern treaty law from both conceptual and contextual points of view. It will be of great value to teachers and researchers in the law of treaties in particular, as well as public international law and its many sub-disciplines.

• Considers the entire corpus of modern treaty law • Includes internationally renowned contributors • Brings together conceptual and contextual issues to create new insights 1169pp 1 b/w illus.

December 2020 9781108978521 Paperback GBP 34.99 / USD 52.99 October 2018 9781107100527 Hardback GBP 165.00 / USD 215.00 eISBN 9781316179031

Cambridge Studies in International and Comparative Law 292pp July 2020 9781108401470 Paperback GBP 22.99 / USD 34.99 June 2019 9781108415477 Hardback GBP 95.00 / USD 125.00 eISBN 9781108233828

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Law

Concessionaires, Financiers and Communities Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects Kinnari I. Bhatt | Erasmus Universiteit Rotterdam

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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 222pp 3 b/w illus.

March 2020 9781108484657 Hardback GBP 85.00 / USD 110.00 eISBN 9781108689106

Cyber Operations and International Law François Delerue

This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science.

Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

• 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 Cambridge Studies in International and Comparative Law 549pp 4 b/w illus. 1 table March 2020 9781108490276 Hardback GBP 120.00 / USD 155.00 eISBN 9781108780605

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

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 280pp July 2020 9781108494656 Hardback GBP 74.99 / USD 99.99 July 2020 9781108796828 Paperback GBP 22.99 / USD 29.99 eISBN 9781108859561

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Globalisation and Governance International Problems, European Solutions Robert Schütze | University of Durham

This edited collection evaluates international and regional solutions to issues in global governance that have emerged over the course of the twentieth century. Two alternative normative and decisional approaches to the ‘international’ problems of today’s globalised world are explored: the international and the supranational solution.

• An edited collection that includes the most expert academics from the field of international and European law • Explores and compares the development of international law and European law • Aims to place the process of European integration into a broader ‘global’ perspective and contributes to the globalisation/government debate • Provides an insight into international and European perspectives on the changes to governance and law 528pp February 2020 9781107570337 Paperback GBP 29.99 / USD 44.99 September 2018 9781107129900 Hardback GBP 110.00 / USD 140.00 eISBN 9781316417027

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 530pp 3 b/w illus. 17 tables March 2020 9781107111905 Hardback GBP 120.00 / USD 155.00 March 2020 9781107530683 Paperback GBP 39.99 / USD 49.99 eISBN 9781316282335

Law

Humanitarian Disarmament

International Judicial Review

An Historical Enquiry Treasa Dunworth | University of Auckland

When Should International Courts Intervene?

Shai Dothan | University of Copenhagen

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 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

Cambridge Studies in International and Comparative Law 290pp August 2020 9781108473927 Hardback GBP 85.00 / USD 110.00 eISBN 9781108644105

Intergenerational Justice in Sustainable Development Treaty Implementation Advancing Future Generations Rights through National Institutions Marie-Claire Cordonier Segger | University of Cambridge

Transformations in economy, technology, society and the environment mean today’s decisions affect quality of life for all generations. This text offers insights for lawyers, academics, policy-makers, businesses and leaders interested in intergenerational equity across national and international law, policy and practice for sustainable development.

• Provides an interdisciplinary discussion of intergenerational equity and justice from various aspects and perspectives • Introduces the reader to international and national systems and mechanisms for implementing and protecting intergenerational equity and justice • Generates a dialogue regarding the state of intergenerational equity and justice as hard and soft law concerns Treaty Implementation for Sustainable Development 500pp 6 b/w illus. 10 tables December 2020 9781108488020 Hardback GBP 110.00 / USD 140.00 eISBN 9781108768511

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International Courts and Domestic Politics Marlene Wind | University of Copenhagen

A genuinely interdisciplinary analysis of international law and courts. By employing social science methodology combined with classical case studies, this volume moves the study of international law to a new level, demonstrating the need to adopt a broader outlook drawing on empirical legal research.

• Uses illustrative examples and cases to introduce lawyers and social scientists to an understanding of law in context and law in action • Analyses the actual reactions and political considerations confronting international courts case law • Demonstrates the force and impact of established international legal processes, but also the barriers they often encounter at the national level

Studies on International Courts and Tribunals 170pp 2 tables March 2020 9781108488761 Hardback GBP 85.00 / USD 1100.00 eISBN 9781108771795

TEXTBOOK

International Law Third Edition Jan Klabbers | University of Helsinki

A landmark publication in the teaching of international law from one of the world’s leading international lawyers. This refreshingly clear, concise textbook conveys 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 • Places the law consistently in context, discussing the economic and political relevance of international law and showing how it connects to global ethics • Connects theory with practice to help students become more engaged and understand how the various branches of international law are connected 350pp November 2020 9781108487245 Hardback GBP 79.99 / USD 105.00 November 2020 9781108732826 Paperback GBP 34.99 / USD 43.99 eISBN 9781108766074

International Law and History Modern Interfaces Ignacio de la Rasilla

A multi-perspectival introduction to the fundamental debates and concepts in the history of the most global of all legal disciplines. An essential methodological research guide for students identifying the methods and approaches that suit their international legal-historical perspectives and address their historical and legal research questions.

• The only contemporary historiography of international law • An essential research guide for the methodologies ofinternational legal history • Multi-perspectival inquiry into the dominant modes of doing international legal history and the fundamental debates in it Cambridge Studies in International and Comparative Law 312pp February 2021 9781108473408 Hardback GBP 85.00 / USD 110.00 eISBN 9781108562003

Studies on International Courts and Tribunals 371pp 12 b/w illus. 9 tables February 2020 9781108448130 Paperback GBP 25.99 / USD 39.99 July 2018 9781108427760 Hardback GBP 95.00 / USD 125.00 eISBN 9781108590396

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Law

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International Law Reports

International Law Reports

Volume 185 Christopher Greenwood

Volume 188 Christopher Greenwood

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

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

International Law Reports 862pp February 2020 9781108497688 Hardback GBP 170.00 / USD 220.00 eISBN 9781108596718

International Law Reports Volume 186 Christopher Greenwood

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 International Law Reports 667pp April 2020 9781108497701 Hardback GBP 170.00 / USD 220.00 eISBN 9781108596800

International Law Reports Volume 187 Christopher Greenwood

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) International Law Reports 754pp 4 colour illus.

June 2020 9781108497695 Hardback GBP 170.00 / USD 220.00 eISBN 9781108596770

International Law Reports 798pp August 2020 9781108495714 Hardback GBP 170.00 / USD 220.00 eISBN 9781108862714

International Law Reports Volume 189 Christopher Greenwood

Volume 189 is devoted to the 2016 judgment on Jurisdiction and Admissibility in Obligations (Marshall Islands v. India), the 2016 judgment on Jurisdiction and Admissibility in Obligations (Marshall Islands v. Pakistan) and the 2016 judgment on Preliminary Objections (Marshall Islands v. United Kingdom).

• Reports on the 2016 judgment on Jurisdiction and Admissibility in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v.

India) • Covers the 2016 judgment on Jurisdiction and Admissibility in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v.

Pakistan) • Reports on the 2016 judgment on Preliminary Objections in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v.

United Kingdom) International Law Reports 800pp 4 colour illus.

October 2020 9781108495462 Hardback GBP 170.00 / USD 220.00 eISBN 9781108849913

International Law Reports Volume 190 Christopher Greenwood

Volume 190 is devoted to the 2016 Judgment on preliminary objections and the 2017 Order on counter-claims of the International Court of Justice in Nicaragua v. Colombia, the 2019 Final arbitral award on reparations in The Duzgit Integrity and the 2019 Judgment of the English High Court in Heiser Estate v. Islamic Republic of Iran.

• Contains the 2016 Judgment on preliminary objections and the 2017 Order on counter-claims of the International Court of Justice in Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia) • Contains the 2019 Final arbitral award on reparations in The Duzgit Integrity (Republic of Malta v. São Tomé and Príncipe) • Contains the 2019 Judgment of English High Court in Heiser Estate v.

Islamic Republic of Iran International Law Reports 800pp 4 colour illus.

November 2020 9781108495721 Hardback GBP 170.00 / USD 220.00 eISBN 9781108862745

Law

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International Negotiation A Process of Relational Governance for International Common Interest Evangelos Raftopoulos

Challenges prescriptive models of international negotiation and examines international negotiations from a novel, relational international law perspective. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and those interested in international law and relations.

• Proposes a relational theory of international creative negotiation • Adopts a novel view of international negotiation as a relational, contextual, textual, three-phased and inter-subjective process of multilateral governance • Equips readers with the fundamental conceptual elements needed to understand international negotiation as a structured, multilateral process generating and constructing international common interest Cambridge Studies on Environment, Energy and Natural Resources Governance 286pp January 2020 9781316647455 Paperback GBP 22.99 / USD 34.99 January 2019 9781107196643 Hardback GBP 85.00 / USD 120.00 eISBN 9781108164870

International Status in the Shadow of Empire Nauru and the Histories of International Law Cait Storr | University of Technology Sydney

This is an elegant, readable narrative of Nauru’s imperial history that makes a compelling argument for the island’s significance in the history of international law. It includes crucial new research for scholars in international law and history, as well as in German history, Pacific history, and contemporary international relations.

• Constructs an innovative account of the transition from the European imperial order of the late nineteenth century to the international order of the twentieth century • Traces the structural continuities between imperial administration in Nauru during the protectorate, mandate, trusteeship and state periods, providing new perspective on the post-independence ‘failures’ of the Republic of Nauru • Offers a clear, accessible theoretical argument on the relationship between international status and imperial forms of administration Cambridge Studies in International and Comparative Law 318pp 12 b/w illus. 3 maps September 2020 9781108498500 Hardback GBP 85.00 / USD 110.00 eISBN 9781108682602

Iran-US Claims Tribunal Reports 2010–2018 Volume 39 Lee M. Caplan

Volume 39 of the Iran-US Claims Tribunal Reports makes available to the public the last nine years of the Tribunal’s work. This volume is a critical contribution to the field of international arbitration that will inform and guide the practice of international arbitration practitioners from around the world.

• The Iran-US Claims Tribunal is the most important international claims tribunal to sit in over half a century; its jurisprudence continues to make an important contribution to international law • This and preceding volumes in the series comprise the only complete and fully indexed report of the decisions of this unique tribunal • Each volume contains a Consolidated Index and Tables of Cases for the whole series, as well as Tables of Cases for the volume itself Iran-U.S. Claims Tribunal Reports 563pp October 2020 9781108830799 Hardback GBP 250.00 / USD 325.00 eISBN 9781108913942

Jurisdictional Accumulation An Early Modern History of Law, Empires, and Capital Maïa Pal | Oxford Brookes University

Jurisdictional accumulation reveals varieties of early modern extraterritorial practices and how consuls, ambassadors, merchants and lawyers drove European imperial expansion. This new concept challenges histories of territorial sovereignty in international relations and international law and contributes to early modern mercantilism and capitalism.

• Develops ‘jurisdictional accumulation’ as a new concept for the history of international relations and international law, contributing to critical interdisciplinary work and provides a new approach to early modern history • Contributes to debates and historical methods and develops a longterm and large-scale comparative framework that makes a general claim about a key period of international history • Uses primary and secondary material on ambassadors and consuls linking their role to the development of Mediterranean trade and diplomacy and Atlantic imperialism 342pp October 2020 9781108497206 Hardback GBP 85.00 / USD 110.00 eISBN 9781108684538

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43

Law

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Law in the Twilight International Courts and Tribunals, the Security Council and the Internationalisation of Peace Agreements between State and Non-State Parties Cindy Wittke

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Peace agreements to settle intra-state conflicts can simultaneously be transitional constitutions and agreements governed by international law.

This book offers novel analytical insights into the internationalisation and legalisation of peace agreements. It will have particular appeal to scholars of international and constitutional law.

• Offers new perspectives on the relation between contemporary peace agreements and constitution making • Discusses detailed examples of how international courts and tribunals have dealt with peace agreements between state and non-state parties • Provides in-depth analysis of the United Nations Security Council’s involvement during the negotiation and implementation of peace agreements 276pp January 2020 9781108440288 Paperback GBP 22.99 / USD 34.99 June 2018 9781108424462 Hardback GBP 85.00 / USD 110.00 eISBN 9781108335676

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Legal Authority beyond the State Patrick Capps | University of Bristol

Leading international lawyers and legal philosophers examine the problem of how authority can be constructed within a rapidly evolving international legal order, as new legal institutions outside the state challenge traditional views of international law.

• Opens a crucial new area of inquiry into the nature of international law - a field of law with a growing influence on society • Links the study of legal authority to international law • Analyzes the background and implications of the proliferation of international bodies that have developed over the last two decades 303pp January 2020 9781316640364 Paperback GBP 23.99 / USD 35.99 March 2018 9781107190269 Hardback GBP 85.00 / USD 110.00 eISBN 9781108100045

Legalized Identities Cultural Heritage Law and the Shaping of Transitional Justice Lucas Lixinski | University of New South Wales, Sydney

This book pushes the boundaries of transitional justice and cultural heritage law, relying on insights from across all continents, and on multiple disciplines. Its original insights are of great use in the fields of law, heritage studies, transitional justice, international relations, human rights, history, and memory studies.

• Reintroduces the possibilities of pragmatism to reenergize the field of transitional justice • Provides a range of examples from all continents of the world, the diversity of which helps broaden the appeal and validity of the insights discussed in the book • Multi-disciplinary perspectives on the hidden structures that shape our cultural identities in times of transition Law in Context 250pp January 2021 9781108488150 Hardback GBP 85.00 / USD 110.00 eISBN 9781108769044

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Legitimacy and International Courts Nienke Grossman | University of Baltimore

This volume provides interdisciplinary insights into international courts’ legitimacy. Experts analyse the drivers of legitimacy of specific courts and how these might differ by the court concerned, as well as the links between legitimacy and democracy, justice and effectiveness. It will appeal to scholars, practitioners, reformers and students of ICs. • Experts in various fields analyse the meaning of legitimacy and its link to justice, democracy and effectiveness • Features in-depth case-studies which outline the legitimacy challenges faced by international courts and offers lessons on how to approach them • Will appeal to those seeking to deepen their understanding of legitimacy in the context of specific courts and across the field of international courts and tribunals Studies on International Courts and Tribunals 395pp January 2020 9781108438520 Paperback GBP 25.99 / USD 39.99 February 2018 9781108423854 Hardback GBP 85.00 / USD 110.00 eISBN 9781108529570

Less-Lethal Weapons Under International Law A Three Dimensional Perspective Elisabeth Hoffberger-Pippan | Johannes Kepler Universität Linz

The book will appeal to academics with interests in the use of weapons within different legal regimes, including arms control treaties, humanitarian, human rights and criminal law. Furthermore, the book is addressed at policymakers and public authorities who encounter lesslethal weapons in practice.

• The first study addressing less-lethal weapons comprehensively, covering arms control treaties, humanitarian law, international criminal and human rights law • Analyses jurisprudence by the European Court of Human Rights, providing insights into the legal repercussions when less-lethal weapons are used • Establishes guidelines providing lawmakers and public authorities with information on how to use less-lethal weapons in line with the law 300pp February 2021 9781108840941 Hardback GBP 85.00 / USD 110.00 eISBN 9781108887977

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Maritime Boundary Delimitation: The Case Law Is It Consistent and Predictable?

Alex G. Oude Elferink | Universiteit Utrecht, The Netherlands

Maritime Boundary Delimitation: The Case Law provides an in-depth understanding of the delimitation of the continental shelf and the exclusive economic zone, and will assist practitioners in determining what to expect from third party settlement of delimitation disputes.

• Studies in depth the case law on maritime delimitation • Identifies inconsistencies in the case law on maritime delimitation • Critically engages with the case law and compares individual cases 453pp 1 b/w illus. 1 table January 2020 9781108440943 Paperback GBP 27.99 / USD 41.99 March 2018 9781108424790 Hardback GBP 85.00 / USD 110.00 eISBN 9781108344302

Law

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Maritime Delimitation as a Judicial Process Massimo Lando

This book is for anyone interested in international law, from students to international judges.

Complex ideas of maritime boundary delimitation are broken down to be understood by a wide audience, and to be applied in practice by those who deal with maritime boundaries in their professional life.

• Brings together a number of judicial approaches to the delimitation process and its elements • Proposes workable solutions to outstanding problems • The book has a strong focus on state practice, taking stock of the nearly 200 treaties concluded by states to delimit their maritime boundaries Cambridge Studies in International and Comparative Law 446pp 25 maps November 2020 9781108740050 Paperback GBP 27.99 / USD 41.99 June 2019 9781108497398 Hardback GBP 95.00 / USD 125.00 eISBN 9781108608893

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

400pp July 2020 9781108497275 Hardback GBP 95.00 / USD 125.00 eISBN 9781108667302

Philosophy and International Law A Critical Introduction David Lefkowitz | University of Richmond

This book offers an accessible discussion of conceptual and moral questions related to specific domains of international law and advances the debate on many of these topics. It will be of interest to those studying international law, international relations, and political philosophy.

• Provides a novel introduction to core questions of legal philosophy by considering them in the context of international law • Explores topics in both legal philosophy, such as the nature of law, the rule of law, and legitimate authority, and political philosophy, such as just war theory, political self-determination, and distributive justice • Integrates normative and empirical premises to support conclusions regarding the design of international norms and institutions Cambridge Introductions to Philosophy and Law 225pp September 2020 9781107138773 Hardback GBP 64.99 / USD 99.99 September 2020 9781316503584 Paperback GBP 21.99 / USD 34.99 eISBN 9781316481653

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Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court Practice, Progress and Potential Rosemary Grey | University of Sydney

Analyses the International Criminal Court’s practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity, and genocide that have come before the ICC as of mid-2018. It presents a detailed examination of court records and original interviews with prosecutors and gender experts at the Court.

• The most up-to-date and comprehensive academic commentary on the ICC’s practice in prosecuting gender-based crimes • Contains original interviews with prosecutors and gender advisors at the International Criminal Court, offering unique ‘insider perspectives’ to readers • The book is designed to be an effective resource for lawyers, scholars and other professionals working in the field of international criminal law Cambridge Studies in International and Comparative Law 394pp 7 b/w illus. 25 tables November 2020 9781108455985 Paperback GBP 25.99 / USD 39.99 April 2019 9781108470438 Hardback GBP 85.00 / USD 110.00 eISBN 9781108652346

Public Reason and Courts Silje Langvatn

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 Studies on International Courts and Tribunals 300pp June 2020 9781108487351 Hardback GBP 85.00 / USD 110.00 eISBN 9781108766579

Publicity in International Law-Making Covert Operations and the Use of Force Marie Aronsson-Storrier | University of Reading

This book offers the first comprehensive examination into the requirement of publicity in international law-making, which is a highly topical issue due to developments concerning covert uses of force. It will be of interest to academics, practitioners, and students working within international law, as well as international relations.

• Examines and unpacks the relationship between covertness and publicity and provides a more nuanced approach to the relationship between public and covert acts • Introduces a new definition of ‘publicity’ within international lawmaking and offers a clearer test for the requirement of state practice • Examines how state silence around covert and quasi-covert operations have opened up significant space for legal scholars and other experts to influence the development of international law 264pp November 2020 9781108494380 Hardback GBP 85.00 / USD 110.00 eISBN 9781108637671

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Rights and Civilizations A History and Philosophy of International Law Gustavo Gozzi | Università di Bologna

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This book explains the Western colonial project and the West’s attempt to legitimize it through its international law, refusing the presumed universalism of the Western concept of human rights compared with the Arab declarations on rights. The book is addressed to readers interested in legal history and political thought.

• Proposes a comparison between Western international law and Islamic international law so readers can appreciate the Western-centric character of international law and how to analyze it critically • Shows how international law can be analyzed through its anthropological underpinnings, so readers can understand the relation between Western hegemony and the West’s representation of the inferiority of ‘the other’ • Highlights the need to embrace a concept of international law that takes the plurality of civilizations into account

407pp November 2020 9781108464017 Paperback GBP 27.99 / USD 41.99 February 2019 9781108474238 Hardback GBP 95.00 / USD 125.00 eISBN 9781108565035

TEXTBOOK

Rules and Practices of International Investment Law and Arbitration Yannick Radi

Covering substantive and dispute settlement matters, this textbook provides analyses accessible to readers who are discovering international investment law and arbitration anew, while it offers a wealth of in-depth studies for readers who are already familiar with this field of law.

• Adopts a contextual approach, grounding the material in the context of how international investment law interacts with other areas of law, and how it works in practice • Provides in-depth analyses of treaty rules and practices in international investment law and arbitration • Provides in-depth analyses of arbitration practices pertaining notably to jurisdiction and admissibility, liability, quantum, costs, provisional measures, annulment as well as a broad range of specific procedural matters • Instructors organising their classes will benefit from an online digest that highlights the international investment agreements as well as the arbitral awards and decisions which are best illustrative of the nuances and differences displayed by treaty and arbitration practices Law in Context 500pp October 2020 9781107102101 Hardback GBP 99.99 / USD 129.99 October 2020 9781107499577 Paperback GBP 42.99 / USD 51.99 eISBN 9781316182383

Social Institutions and International Human Rights Law Implementation Every Organ of Society Julie Fraser | Universiteit Utrecht, The Netherlands

This book critiques the traditional State-centric and legalistic approach to implementing human rights, and advocates more culturally sensitive measures involving social institutions. Through a multidisciplinary case study, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours.

• Provides an inter-disciplinary and qualitative case study on implementing human rights with concrete examples of human rights in practice and the factors impacting their adoption or rejection • Combines empirical results from field work with legal analysis of the international law framework, demonstrating the value of interdisciplinary research and the relevance of practice for theory • Identifies and elaborates critiques of present approaches and proposes solutions and clearly explains the current challenges as well as providing straightforward remedies 307pp August 2020 9781108489577 Hardback GBP 85.00 / USD 110.00 eISBN 9781108777711

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 ASIL Studies in International Legal Theory 216pp September 2020 9781108488754 Hardback GBP 85.00 / USD 110.00 eISBN 9781108771771

Law

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 392pp 1 b/w illus. 13 tables August 2020 9781108499767 Hardback GBP 95.00 / USD 125.00 eISBN 9781108589864

State Responsibility in the International Legal Order A Critical Appraisal Katja Creutz

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 384pp September 2020 9781108494298 Hardback GBP 95.00 \ USD 125.00 eISBN 9781108637367

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

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

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The Analogy between States and International Organizations Fernando Lusa Bordin | University of Cambridge

The book will appeal to academics, practitioners and students specializing in international law and international relations. It takes a fresh perspective on how the law that applies to intergovernmental institutions has - and continues to be - developed by analogy with the law that applies to States.

• Proposes and explores a new approach to how general international law applies to international organizations appealing to those interested in the intersection between international law and legal theory • Discusses the position of international organizations under international law, and looks into what international organizations are legally speaking and how they compare to States when acting on the international plane • Revisits the work of the International Law Commission on treaties and responsibility of international organizations and explores the history of the development of the law of international organizations Cambridge Studies in International and Comparative Law 297pp February 2020 9781316609156 Paperback GBP 22.99 / USD 34.99 November 2018 9781107155558 Hardback GBP 850.00 / USD 120.00 eISBN 9781316658963

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The Art of Law in the International Community Mary Ellen O’Connell |University of Notre Dame, Indiana

This book challenges long-standing assumptions of international law experts on the use of force, while also seeking to re-engage the public in understanding and committing again to a cause that made the phrase ‘peace through law’ famous.

Aimed at anyone concerned with the problem of war.

• Diagnoses and addresses the weaknesses of international law using the prohibition of force as a focus • Analyzes the reasons why the law against the use of force is disrespected using the conflicts in Syria, Ukraine, Mali, North Korea, and the South China Sea as case studies • Explains why natural law should be reintroduced to international legal theory and how that can be done in a secular age by drawing on aesthetic philosophy and the arts Hersch Lauterpacht Memorial Lectures 329pp November 2020 9781108445405 Paperback GBP 23.99 / USD 35.99 May 2019 9781108426664 Hardback GBP 85.00 / USD 110.00 eISBN 9781108551144

240pp 3 tables July 2020 9781108488778 Hardback GBP 85.00 / USD 110.00 eISBN 9781108771818

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The Asian Turn in Foreign Investment Mahdev Mohan | Singapore Management University

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Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.

• Contains individual country analyses of key developments in international investment law, including the admission of foreign investment, the regulation of foreign investment, and investment treaty policy • Covers both national and multilateral investment law rule-making in Asia, including the approach and influence of ASEAN as a major regional trading bloc and party to several investment treaties • Includes several chapter-length treatments of different Asian States’ approaches to balancing the tension between protection of covered investments and preserving States’ regulatory policy space 450pp February 2021 9781108426596 Hardback GBP 95.00 / USD 125.00 eISBN 9781108675772

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The Changing Practices of International Law Tanja Aalberts | Vrije Universiteit, Amsterdam

Since the Second World War there has been a remarkable expansion of international legal institutions. At the same time, however, international law is challenged by states fearing the loss of their political room for manoeuvre.

This book explores how states are responding by developing a new politics of international law.

• Explains how states respond to the growing power of international law and international legal institutions • Analyses and compares state practices in regard to international law across a wide range of issues • Provides conceptual tools to understand the parallel developments of legalisation and politicisation within international law 271pp January 2020 9781108441971 Paperback GBP 22.99 / USD 34.99 April 2018 9781108425971 Hardback GBP 85.00 / USD 110.00 eISBN 9781108349420

The Dawn of a Discipline International Criminal Justice and Its Early Exponents 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 andcontextualizes 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 520pp 15 b/w illus.

September 2020 9781108488181 Hardback GBP 110.00 / USD 140.00 eISBN 9781108769105

The International Criminal Responsibility of War’s Funders and Profiteers 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 500pp September 2020 9781108483612 Hardback GBP 110.00 / USD 140.00 eISBN 9781108692991

The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties Monique Cormier | University of New England, Australia

This book is for scholars, students and practitioners of international criminal law. It focuses on legal questions relating to the jurisdiction of the International Criminal Court where the State of nationality has not consented to prosecution. This is a controversial and topical issue before the Court.

• Provides a comprehensive and systematic examination of the legal basis for the International Criminal Court’s jurisdiction over nationals of non-States Parties • Explains and applies the concept of delegated jurisdiction as a legal basis for the ICC’s jurisdiction over nationals of non-States Parties • Uses actual examples of situations considered by the Court to explore the legal basis possibilities, and applies and critiques relevant ICC decisions, providing a useful resource for legal practitioners and academic commentators 280pp August 2020 9781108499309 Hardback GBP 85.00 / USD 110.00 eISBN 9781108588706

The Law of the Sea and Climate Change Solutions and Constraints Elise Johansen

An exploration of the interrelationship between climate change and the sea, offering new perspectives on the law of the sea’s potential to adapt and contribute to ensure a resilient and sustainable future. It identifies how the law of the sea can be interpreted and applied to support climate change action.

• Presents and explains the interrelationship and interaction between the law of the sea and the United Nations climate regime in a systematic and accessible way • Provides examples from various sectors facing regulatory challenges and presents possibilities for the law of the sea as a result of climate change • Contributes to the development of the modern law of the sea and offers suggestions and solutions to how legal regulation can respond to new and pressing challenges 400pp December 2020 9781108842266 Hardback GBP 95.00 / USD 125.00 eISBN 9781108907118

Law

The Many Lives of Transnational Law

The Syrian Conflict’s Impact on International Law

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

Michael P. Scharf | Case Western Reserve University, Ohio

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 536pp 2 b/w illus. 4 tables April 2020 9781108490269 Hardback GBP 110.00 / USD 140.00 eISBN 9781108780582

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 250pp March 2020 9781108491532 Hardback GBP 85.00 / USD 110.00 March 2020 9781108798440 Paperback GBP 24.99 / USD 32.99 eISBN 9781108863650

The Syrian War NEW IN PAPERBACK

The Process of International Legal Reproduction Inequality, Historiography, Resistance Rose Parfitt | Kent Law School, University of Kent

A radical history of the expansionary project of statehood and its role in constructing the vastly unequal global order we inhabit today. Using meticulously inter-layered case studies, including the canonical ‘Abyssinia Crisis’, this book will appeal to readers interested in the history and theory of international law and international relations.

• Draws on radical historiographical, legal, linguistic and anti-colonial theory to create a new methodological framework that challenges some of the key assumptions underpinning the contemporary international order • Engages with some of the international order’s most pressing concerns, from escalating civil conflict to global warming to the struggle for indigenous self-determination on indigenous terms • Mobilises a new archive of primary materials gathered in Addis Ababa, Rome, Geneva and London to explore the legal dynamics of oppression and resistance, from the Ethiopian Empire’s efforts to resist fascist annexation to anticolonial struggles ongoing for more than four centuries Cambridge Studies in International and Comparative Law 539pp 11 b/w illus. 4 maps November 2020 9781108468466 Paperback GBP 29.99 / USD 44.99 January 2019 9781316515198 Hardback GBP 95.00 / USD 130.00 eISBN 9781108655118

Between Justice and Political Reality Hilly Moodrick-Even Khen

This book addresses the main aspects of the conflict in Syria, focusing on the intersection between legal and political areas from a perspective of scholars and practitioners from the region and beyond. Intended primarily for scholars and practitioners, it will also appeal to anyone interested in understanding the Syrian War. • 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 332pp January 2020 9781108487801 Hardback GBP 85.00 / USD 110.00 eISBN 9781108768016

The UN Friendly Relations Declaration at 50 An Assessment of the Fundamental Principles of International Law Jorge E. Viñuales | University of Cambridge

A comprehensive study of the fundamental principles of international law by some of the world’s most prominent international law scholars from all continents. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field.

• Includes works by some of the world’s most prominent international law scholars • A commemorative volume celebrating the fiftieth anniversary of the United Nations Friendly Relations Declaration • Offers a comprehensive study of the fundamental principles of international law 630pp October 2020 9781108483810 Hardback GBP 120.00 / USD 160.00 eISBN 9781108652889

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50

To the Uttermost Parts of the Earth

Unilateral Remedies to Cyber Operations

Legal Imagination and International Power 1300–1870 Martti Koskenniemi | University of Helsinki

Self-Defence, Countermeasures, Necessity, and the Question of Attribution Henning Lahmann

The book demonstrates the vital role of played by legal imagination in the history of European State-formation in 1300–1870. After lawyers had learned to connect sovereignty with property rights at home, both ideas would eventually expand and lay the groundwork for the modern international order and global capitalism.

• Connects legal history with the history of political thought and the rise of capitalism • Suggests a critical approach for studying law and legal history, analysing law as an effect of ‘legal imagination’ • Transgresses conventional boundaries between domestic and international law, between public and private law as well as between law and politics It links developments in domestic European legal orders to the expansion of European hegemony

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, and 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

850pp May 2021 9780521768597 Hardback GBP 150.00 / USD 195.00 May 2021 9780521745345 Paperback GBP 49.99 / USD 64.99 eISBN 9781139019774

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

334pp April 2020 9781108479868 Hardback GBP 85.00 \ USD 110.00 eISBN 9781108807050

Women’s Rights in Armed Conflict under International Law

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

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

Treaties in Motion

Socio-Legal Studies

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

A Feminist Critique of Police Stops

438pp 12 b/w illus. 2 tables July 2020 9781108487368 Hardback GBP 95.00 / USD 125.00 eISBN 9781108766593

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 Cambridge Studies in International and Comparative Law 402pp 7 b/w illus. 8 tables June 2020 9781108495882 Hardback GBP 95.00 / USD 125.00 eISBN 9781108863407

Catherine O’Rourke | University of Ulster

250pp 5 tables September 2020 9781108474306 Hardback GBP 85.00 / USD 110.00 eISBN 9781108667715

Josephine Ross

Through diverse narratives, this book unpacks stop-and-frisk from the point of view of victims of unwanted police encounters. Drawing connections between police pat-downs and sexual harassment, Ross’s transparent legal analysis is for feminists, opponents of racial injustice, and anyone interested in how this form of policing can be eliminated.

• Presents stories from men and women (inclusive of LGBTQ), teens, adults, as well as white, black, and Latinx victims of police harassment • Illustrates how the theory of stop-and-frisk is deeply entangled with notions of ‘consent’ • Provides a critical examination of Supreme Court case law and insight into personal constitutional rights and liberties 250pp November 2020 9781108482707 Hardback GBP 85.00 / USD 115.00 November 2020 9781108710879 Paperback GBP 23.99 / USD 9.99 eISBN 9781108697477

Law

NEW IN PAPERBACK

A Sociology of Justice in Russia Marina Kurkchiyan | University of Oxford

Is the Russian justice system actually as unreliable, ineffective and corrupt as we are led to believe?

This volume identifies a number of tensions in the everyday life experiences of justice that illuminate some of the less obvious layers of Russian legal tradition.

• All contributions areempirically informed and expressed in clear language with relevant examples • Includes comparisons between Russia and Western states in a nonnormative and analytical manner • Introduces the concept of the ‘administerial model of justice’ which captures a number of core features of the Russian justice system Cambridge Studies in Law and Society 309pp 14 b/w illus. 8 tables January 2020 9781316648285 Paperback GBP 23.99 / USD 35.99 July 2018 9781107198777 Hardback GBP 85.00 / USD 110.00 eISBN 9781108182713

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Darkness Now Visible Patriarchy’s Resurgence and Feminist Resistance Carol Gilligan | 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.

• Focuses on the question of why gender was raised but not discussed in election of 2016 • Explains Trump’s election and his policies since elected • Addresses why so many were taken by surprise during the 2016 election 172pp September 2020 9781108456364 Paperback GBP 14.99 / USD 19.99 August 2018 9781108470650 Hardback GBP 21.99 / USD 29.99 eISBN 9781108686228

Democratic Crisis and Global Constitutional Law Christopher Thornhill | University of Manchester

This book explains the current weakness of democratic polities by examining deep paradoxes in constitutional democracy. It argues that democracy is frequently exposed to crisis because the terms in which it is promoted and justified allow anti-democratic movements, typically with a populist emphasis, to take shape and flourish.

• Provides a cross-disciplinary account of the causes of contemporary democratic crisis • Sets out distinctive historical-sociological analysis of the foundations of constitutional democracy • Uses sociological method to clarify functions of global constitutional law

Dynamics of Caste and Law Dalits, Oppression and Constitutional Democracy in India Dag-Erik Berg | Høgskolen i Molde, Norway

The caste system is central to understanding the politics of inequality and discrimination in India and elsewhere. This book explains how caste and law have mutually evolved in India’s democratic order, providing new insights into why caste oppression may persist despite India’s constitutional promises of equal opportunities.

• Explains how caste-based discrimination in India has been addressed in India’s constitutional democracy by policymakers, movements and activists in the past and continues to shape social relations, politics and public institutions today • Develops new concepts to explain how caste-based domination matters for India’s Dalits, law and institutional processes by using case studies and a rich empirical material • It contributes to an ontological turn in the study of caste by analyzing the scholarship of Bhimrao Ambedkar on caste and democracy and bringing it in dialogue with new post-foundational political theory South Asia in the Social Sciences 260pp February 2020 9781108489874 Hardback GBP 85.00 / USD 110.00 eISBN 9781108779616

Feminist Judgments: Reproductive Justice Rewritten 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 Feminist Judgment Series: Rewritten Judicial Opinions 402pp April 2020 9781108425438 Hardback GBP 94.99 / USD 125.00 April 2020 9781108442350 Paperback GBP 39.99 / USD 49.99 eISBN 9781108348409

Global Law Series 250pp February 2021 9781108496087 Hardback GBP 84.99 / USD 110.00 February 2021 9781108791120 Paperback GBP 27.99 / USD 36.99 eISBN 9781108865869

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Film and Constitutional Controversy Visualizing Hong Kong Identity in the Age of ‘One Country, Two Systems’ Marco Wan | The University of Hong Kong

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Using Hong Kong as a case study, this book argues that film can show us how constitutional controversies impact upon cultural identity, a crucial dimension overlooked in conventional legal analysis. Provides new interpretations of key constitutional issues and films. Draws upon author’s background in both legal and literary/cultural studies.

• Demonstrates how a genre as seemingly remote from law as film can further our understanding of constitutional disputes • Investigates the links between cultural identity and the rule of law in the Hong Kong context, furtheringour knowledge of the relationship between law and cultural identity • Provides historically-grounded and nuanced interpretations of film texts and enables readers to appreciate film from a renewed and renewing perspective Law in Context 300pp October 2020 9781108495776 Hardback GBP 85.00 / USD 110.00 October 2020 9781108797764 Paperback GBP 27.99 / USD 36.99 eISBN 9781108863025

Global Pro Bono Causes, Context, and Contestation Scott L. Cummings | University of California, Los Angeles

With pro bono initiatives identified in over 80 countries, now is a critical time to assess the growing importance of pro bono in civil justice systems. This book examines the forces shaping—and the contestation surrounding—its development within and across national contexts and is essential reading for those seeking to advance access to justice.

• Approaches pro bono’s global development comparatively and transnationally, covering over twenty countries across five continents for a unique comparative dataset and first-ever analysis of pro bono’s contested global role in access to justice • Focuses empirically on a range of factors shaping pro bono’s development within and across countries • Envisions the consequences of pro bono’s global development, including who does pro bono, who benefits from pro bono, and how pro bono’s development has affected access to justice policies 350pp 4 b/w illus. 15 tables January 2021 9781108476157 Hardback GBP 85.00 / USD 110.00 eISBN 9781108567251

Kinship, Law and Politics An Anatomy of Belonging Joseph E. David

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 Law in Context 264pp July 2020 9781108499682 Hardback GBP 85.00 / USD 110.00 eISBN 9781108589444

Law and the Party in Xi Jinping’s China Ideology and Organization Rogier J. E. H. Creemers | Universiteit Leiden

This book is aimed at legal and political scholars and professionals. It will provide them with a coherent explanation of how law is conceived within its ideological context, and how the Chinese Communist Party uses it as part of its governance toolkit.

• The first legal study of China that explicitly embeds law in the Partystate framework that will enable lawyers and politics scholars to better grasp its intricate architecture • Explores the role of Party ideology in the legal system, drawing attention to the importance of indigenous Party thought, and provides a framework for understanding Chinese law in the Xi Jinping era • Explores the implications of ideology and organisation in a number of case studies to ensure the book contains vivid examples of its ideas in practice, as well as theory 250pp October 2020 9781108836357 Hardback GBP 85.00 / USD 110.00 eISBN 9781108864596

Policing the Womb Invisible Women and the Criminalization of Motherhood Michele Goodwin

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 334pp 1 b/w illus.

March 2020 9781107030176 Hardback GBP 22.99 / USD 84.99 eISBN 9781139343244

Predatory Lending and the Destruction of the African-American Dream Janis Sarra

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 220pp July 2020 9781108496063 Hardback GBP 69.99 / USD 89.99 July 2020 9781108811583 Paperback GBP 19.99 / USD 28.99 eISBN 9781108865715

Law

Privacy at the Margins Scott Skinner-Thompson

Scott Skinner-Thompson presents a vivid account of how privacy can serve as a tool of resistance and equality worthy of constitutional protection.

Examining how the lives of minority groups are uniquely harmed by surveillance regimes, this book shows how even limited privacy can enhance lives at the margins in material ways.

• Bridges the gap between social theory, surveillance studies, and legal doctrine • Reorients privacy from an inward facing, pre-political right, to an outward facing, direct form of political expression • Identifies specific, interconnected legal barriers preventing privacy protections for marginalized communities 250pp November 2020 9781107181373 Hardback GBP 74.99 / USD 99.99 November 2020 9781316632635 Paperback GBP 24.99 / USD 32.99 eISBN 9781316850350

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 298pp 14 b/w illus. 8 maps 28 tables January 2020 9781107184237 Hardback GBP 79.99 / USD 105.00 January 2020 9781316635414 Paperback GBP 24.99 / USD 34.99 eISBN 9781316875544

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Regulating Religion in Asia Norms, Modes, and Challenges Jaclyn L. Neo | National University of Singapore

Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.

• Explores the relationship between law, religion and society from an Asian perspective that will expand and build on existing studies from the west • Provides theoretical perspectives as well as case studies focusing on Asian experiences • Provides insights from a wide range of contributors and presents a multi-disciplinary perspective on the topic 341pp November 2020 9781108949316 Paperback GBP 23.99 / USD 35.99 March 2019 9781108416177 Hardback GBP 95.00 / USD 130.00 eISBN 9781108235983

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Ruling before the Law The Politics of Legal Regimes in China and Indonesia William Hurst | Northwestern University, Illinois

This is the first comparative analysis of law and politics in China and Indonesia, for scholars of politics, law, sociology, and history. Based on extensive archival, interview, and observational research across multiple localities in both countries, it is the most comprehensive work in decades on either country’s legal system.

• Furthers our understanding of law and politics in Asia • Offers a new theoretical and analytical framework with broad implications • The book is based on comparative fieldwork-based research in both China and Indonesia • Grounds political analysis in historical, cross-national, and subnational contexts Cambridge Studies in Law and Society 319pp 2 b/w illus. 6 tables January 2020 9781108445894 Paperback GBP 23.99 / ISD 35.99 April 2018 9781108427203 Hardback GBP 85.00 / uSD 110.00 eISBN 9781108551502

The Law Multiple Judgment and Knowledge in Practice Irene van Oorschot | Erasmus Universiteit Rotterdam

Irene van Oorschot takes the reader on an ethnographic journey through judicial and socialscientific ways of seeing the world, showing how judges and researchers, case files and research methods, theories and narratives become implicated with each other to produce different understandings of the world.

• An interdisciplinary and conceptually sophisticated and empirically rich account of law-in-action • Addresses current debates within law and society and socio-legal scholarship on the production of truths, facts, and narratives in the legal system • Draws on the social study of knowledge and science in advancing a reflexive methodological and theoretical stance vis-à-vis legal and social scientific knowledge practices • Based on extensive ethnographic research on legal practices in a criminal Court Cambridge Studies in Law and Society 250pp 4 b/w illus.

October 2020 9781108494809 Hardback GBP 80.00 / USD 110.00 eISBN 9781108859981

The Law of Political Economy Transformation in the Function of Law 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 420pp 1 table April 2020 9781108493116 Hardback GBP 95.00 / USD 125.00 eISBN 9781108675635

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

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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

Transnational Legal Ordering of Criminal Justice Gregory Shaffer | University of California, Irvine

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 Cambridge Studies in Law and Society 288pp 15 b/w illus. 8 tables July 2020 9781108836586 Hardback GBP 85.00 / USD 110.00 eISBN 9781108873994

Cambridge Studies in Law and Society 225pp 19 b/w illus. 6 tables June 2020 9781108483360 Hardback GBP 85.00 / USD 110.00 October 2020 9781108704830 Paperback GBP 23.99 / USD 35.99 eISBN 9781108649544

Taxation

Toward a New Legal Common Sense

Fully updated, this evaluation of the international tax order considers the outcomes of the OECD’s BEPS project and the consequential revisions of the OECD and UN 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 globalisation, electronic commerce, and sustainable development • Offers proposals for the future development of the international tax system

Law, Globalization, and Emancipation Third Edition Boaventura de Sousa Santos | Universidade de Coimbra, Portugal

This book is about common sense and it takes us on a journey from the exhaustion of the paradigm of classical science and modernity to the necessary construction of utopias via a detailed analysis of legal institutions and theorizing over several hundred years.

• Provides examples of inter-disciplinary and multi-disciplinary science in action • An updated third edition, with a new preface and a path breaking chapter untitled: can law be emancipatory?

• Traces the historical process by which both modern science and modern law have lost the balance between social regulation and social emancipation Law in Context 600pp 3 b/w illus. 2 tables October 2020 9781107157842 Hardback GBP 89.99 / USD 115.00 October 2020 9781316610459 Paperback GBP 29.99 / USD 39.99 eISBN 9781316662427

International Commercial Tax Second Edition Peter Harris | University of Cambridge

Cambridge Tax Law Series 624pp 2 b/w illus.

March 2020 9781108477819 Hardback GBP 110.00 / USD 140.00 eISBN 9781108774994

Tax and Culture Convergence, Divergence, and the Future of Tax Law Michael A. Livingston

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 142pp March 2020 9781107136847 Hardback GBP 85.00 / USD 110.00 eISBN 9781316480144

Law

Taxing the Digital Economy Theory, Policy and Practice Craig Elliffe

In dealing with digital companies, the international tax world is at a crossroads: reform will either involve unilateral country-by-country digital services taxes, or a consensus-driven multilateral new 2020s compromise developed by the OECD. This book provides a comprehensive analysis of the effectiveness of the OECD’s proposed reforms.

• Clearly explains the new OECD/Inclusive Framework proposals for a proposed multilateral international tax system • Explains the historical background of the original international tax compromise and analyses the theory and policies behind it • Highlights the seven key taxation challenges posed by highly digitalised business models Cambridge Tax Law Series 250pp March 2021 9781108485241 Hardback GBP 85.00 / USD 110.00 eISBN 9781108750691

Tort Law Feminist Judgments: Rewritten Tort Opinions Martha Chamallas | Ohio State University

This volume of rewritten torts opinions exposes how courts often distort conventional legal doctrine when deciding cases involving genderrelated harms. It will make students, lawyers, and judges who build arguments and apply tort doctrine more aware of inequalities of race, gender, class, sexual orientation and identity.

• Provides examples of rewritten torts opinions from feminist perspectives to allow readers to envision transformation of tort law from feminist perspectives • Critiques judicial opinions that undervalue gender-related interests and injuries, demonstrating gender bias in major areas of tort law • Offers examples of strategies and techniques to reform tort law to suggest potential concrete changes in tort law to make it more equitable Feminist Judgment Series: Rewritten Judicial Opinions 500pp November 2020 9781108484299 Hardback GBP 120.00 / USD 150.00 November 2020 9781108706247 Paperback GBP 37.99 / USD 49.99 eISBN 9781108613293

Maimonides and Contemporary Tort Theory Law, Religion, Economics, and Morality Yuval Sinai

TEXTBOOK

Principles of Tort Law Second Edition Rachael Mulheron | Queen Mary University of London

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 1000pp October 2020 9781108727648 Paperback GBP 39.99 / USD 55.99 eISBN 9781108635226

UN and International Organisations Committed to Rights UN Human Rights Treaties and Legal Paths for Commitment and Compliance Volume 1 Audrey L. Comstock | Arizona State University

This book is for advanced undergraduates, graduate and law students, faculty and researchers interested in the legal and political dynamics of UN human rights treaties. Through a rigorous mixed methods approach, it demonstrates that legal distinctions among treaty commitment types help explain when states are improving human rights practices.

• Provides analysis of four different treaty commitment types • Connects legal scholarship and theories with political science/ international relations • Makes the theory accessible to readers without specialized training 200pp February 2021 9781108830072 Hardback GBP 85.00 / USD 110.00 eISBN 9781108908979

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 Cambridge Studies in Law and Judaism 400pp 6 b/w illus.

August 2020 9781107179295 Hardback GBP 95.00 / USD 125.00 eISBN 9781316832042

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Law

Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes Jennifer Trahan | New York University

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The book makes the case that existing legal obligations constrain how the UN Security Council permanent members use their veto. Through the lens of atrocities occurring in Syria, Myanmar, Darfur, and elsewhere, the book outlines the parameters international law creates in situations of genocide, war crimes, and crimes against humanity.

• Provides a comprehensive overview of veto use from the Cold War to present • Demonstrates the current approach to veto power during atrocity crimes, how this approach is not working, and the legal arguments against it • Addresses the cost to victims posed by the current approach through two illustrative examples 225pp August 2020 9781108487016 Hardback GBP 85.00 / USD 110.00 eISBN 9781108765251

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

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 558pp 5 b/w illus. 11 tables January 2020 9781108476966 Hardback GBP 110.00 / USD 140.00 eISBN 9781108569293

Systemic Earthquake and the Struggle for World Order Exclusive Populism versus Inclusive Democracy Ahmet Davutoğlu

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 326pp January 2020 9781108485517 Hardback GBP 29.99 / USD 39.99 eISBN 9781108751643

The Law of the List 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 Global Law Series 394pp 9 b/w illus.

April 2020 9781108491921 Hardback GBP 95.00 / USD 125.00 eISBN 9781108649322

US Law A Third Way Decolonizing the Laws of Indigenous Cultural Protection Hillary M. Hoffmann

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 174pp 6 b/w illus.

July 2020 9781108482776 Hardback GBP 85.00 / USD 110.00 July 2020 9781108710923 Paperback GBP 26.99 / USD 34.99 eISBN 9781108697743

Law

Abortion and the Law in America

Feminist Judgments: Family Law Opinions Rewritten

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

Rachel Rebouché | Temple University, Philadelphia

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 326pp March 2020 9781108498289 Hardback GBP 69.99 / USD 89.99 March 2020 9781108735599 Paperback GBP 22.99 / USD 29.99 eISBN 9781108653138

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Creating Private Sector Economies in Native America Sustainable Development through Entrepreneurship Robert J. Miller | Arizona State University

Expert authors look at the underdevelopment of the private sector on American Indian reservations, with the goal of sustaining and growing Native nation communities. They address barriers to expanding the sector, provide policy guidance, and describe successful business models, offering students, practitioners, and policymakers the tools to make change.

• Provides insights into the policy, theory, and practice of private sector development on American Indian reservations • Offers useful information to many different audiences, from policymakers to academics to practitioners • Identifies and presents possible solutions to several key barriers to private sector development • Delivers the language and arguments many are looking for to make the case to tribal politicians, Native communities, and allies about the importance of private sector development in Indigenous economies 238pp 13 b/w illus. 11 tables November 2020 9781108703758 Paperback GBP 29.99 / USD 44.99 October 2019 9781108481045 Hardback GBP 85.00 / USD 110.00 eISBN 9781108646208

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 Feminist Judgment Series: Rewritten Judicial Opinions 444pp June 2020 9781108471701 Hardback GBP 94.99 / USD 125.00 June 2020 9781108458337 Paperback GBP 29.99 / USD 39.99 eISBN 9781108556989

Judicial Selection in the States Politics and the Struggle for Reform Herbert M. Kritzer

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 350pp 2 b/w illus. 7 tables April 2020 9781108496339 Hardback GBP 95.00 / USD 125.00 April 2020 9781108791960 Paperback GBP 29.99 / USD 39.99 eISBN 9781108866941

Our Democratic First Amendment Ashutosh Bhagwat

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 174p June 2020 9781108484800 Hardback GBP 74.99 / USD 99.99 June 2020 9781108723671 Paperback GBP 22.99 / USD 29.99 eISBN 9781108676373

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57

Law

58

The Best Candidate

The Second Founding

Presidential Nomination in Polarized Times Eugene D. Mazo | Rutgers University, New Jersey

An Introduction to the Fourteenth Amendment Ilan Wurman

With chapters penned by leading election law scholars from across the political spectrum, this volume illuminates the law behind the presidential nomination process in the United States. Offering realistic solutions for reforming this process, the work should be read by anyone who cares about the occupant of the Oval Office.

• Presents a range of ideological perspectives on the mechanics of the nomination system, while providing readers with an informed sense of the options that voters face • Fills a gap in the legal literature by offering the first, comprehensive explanation of the law driving the nomination process in the United States • Helps readers navigate the complex, intricate nature of American election law

This comprehensive introduction is for law students, undergraduates, academics, and general readers interested in the US constitution’s most consequential amendment. The book carefully examines the amendment’s three key provisions in its first section and sheds light on how the modern Supreme Court might resurrect its original meaning.

• Provides insights into the methodology of the modern Supreme Court and contemporary Court arguments for how to implement the original meaning of the Fourteenth Amendment • Fills a significant gap in the literature by exploring the amendment in terms of the language of the law • Introduces readers to some of the key debates surrounding originalist perspectives

414pp September 2020 9781108835398 Hardback GBP 74.99 / USD 99.99 September 2020 9781108793322 Paperback GBP 22.99 / USD 29.99 eISBN 9781108883870

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The Government’s Speech and the Constitution Helen Norton | University of Colorado Boulder

When we discuss constitutional law, we usually focus on the constitutional rules that apply to what the government does. Far less clear are the constitutional rules that apply to what the government says. When does the speech of this unusually powerful speaker violate our constitutional rights and liberties?

• Proposes a new framework for thinking about the constitutional problems triggered by the government’s speech • Focuses on practical remedies • Includes extensive illustration of the best and worst of government speech Cambridge Studies on Civil Rights and Civil Liberties 251pp April 2020 9781108405621 Paperback GBP 22.99 / USD 29.99 August 2019 9781108417723 Hardback GBP 85.00 / USD 110.00 eISBN 9781108278218

The President and the Supreme Court Going Public on Judicial Decisions from Washington to Trump Paul M. Collins, Jr | University of Massachusetts, Amherst

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 well-educated 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 284pp January 2020 9781108498487 Hardback GBP 84.99 / USD 110.00 January 2020 9781108723893 Paperback GBP 22.99 / USD 29.99 eISBN 9781108682428

170p October 2020 9781108843157 Hardback GBP 80.00 / USD 110.00 October 2020 9781108823951 Paperback GBP 14.99 / USD 19.99 eISBN 9781108914956

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 220pp 6 b/w illus. 4 maps 6 tables August 2020 9781108835633 Hardback GBP 79.99 / USD 105.00 August 2020 9781108812979 Paperback GBP 26.99 / USD 34.99 eISBN 9781108891141

Whitelash Unmasking White Grievance at the Ballot Box Terry Smith

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 300pp 7 tables January 2020 9781108426725 Hardback GBP 74.99 / USD 99.99 January 2020 9781108445467 Paperback GBP 18.99 / USD 24.99 eISBN 9781108698412

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Indonesia Grand Slipi Tower 23rd Floor Unit G Jl. S. Parman Kav. 22-24 Slipi Jakarta 11480, Indonesia

Phone: (62) 21 290 22550 Fax: (62) 21 290 22455 Email: jakarta@cambridge.org

Japan Hulic Kandabashi Bldg, 9F, Kanda Nishiki-cho 1-21-1, Chiyoda-ku, Tokyo, Japan 101-0054

Phone: (81) 3 3518 8273 Fax: (81) 3 3518 8275 Email: japanacademic@cambridge.org

Malaysia Suit 9.01, 9th Floor, Amcorp Tower Amcorp Trade Centre, 18, Persiaran Barat 46050 Petaling Jaya, Malaysia

Phone: (603) 7954 4043 Fax: (603) 7954 4127 Email: klumpur@cambridge.org

Philippines 2nd Floor, New Solid Building 357 Sen. Gil J. Puyat Avenue, Makati City 1200 National Capital Region (Manila), Philippines

Phone: (632) 865 7000 Fax: (632) 865 7001

South Korea 3F, 321, Bongeunsa-ro, Gangnam-gu Seoul 06103, South Korea

Phone: (82) 2547 2890 Fax: (82) 2574 4411 Email: seoul@cambridge.org

Singapore/Brunei 79 Anson Road #06-04/06 Singapore 079906

Phone: (65) 6323 2701 Fax: (65) 6323 2370 Email: singapore@cambridge.org

Taiwan Phone: (886)2 2570 0508 Fax: (886) 2 2570 0550 Email: taipei@cambridge.org Thailand 54 B. B. Building #1704 Sukhumvit 21(Asoke), Wattana Bankok 10110, Thailand

Phone: (66) 2 204 1451 Fax: (66) 2 204 1452 Email: bangkok@cambridge.org

Vietnam 5th Floor, YOCO Building 41Nguyen Thi Minh Khai Street, District 1 Vietnam

Phone: (84) 8 3914 1797 Fax: (84) 8 3914 1748 Email: hochiminh@cambridge.org

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