Law Catalogue 2015

law

2015

cambridge.org/law2015

Welcome to the Law books catalogue 2015.

Here you will find new and forthcoming titles, representing the highest level of academic research from renowned authors. Our highlights this year include exciting new work from Neil Walker and the Seventh Edition of Malcolm N. Shaw’s International Law textbook.

Our publications are available in a variety of formats, including ebooks and print, as well as online collections for institutional purchase via our publishing service University Publishing Online, which incorporates the Cambridge Books Online platform.

We also publish a range of leading law journals, including International & Comparative Law Quarterly and International Journal of Law in Context.

You can recommend our books, online collections and journals to your librarian by filling out the form at the back of this catalogue.

To see more book listings, product information, preview extracts and reviews, and to find out which conferences we are attending, you can find us online at www.cambridge.org/law2015.

You can also keep up to date with the latest news and author views from our academic blog at www.cambridgeblog.org/category/law-government.

We hope that you enjoy reading about our latest publications. For queries, suggestions or proposals, you can find a list of useful contacts at the back of this catalogue.

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Contents

G l ob a l l aW S e r i e S

see page 2

Intimations of Global Law N e i l Wa l k e r

see page 12

A Short Introduction to

International Law

This new edition of International Law confi rms the text’s status as the defi nitive book on the subject.

Combining his expertise as both academic and practitioner, Malcolm Shaw’s survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout, to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.

‘With its well organized structure and clarity of exposition, Shaw’s International Law has long been established as the pre-eminent textbook on international law for students. It is, however, much more than that; researchers and practitioners will find this comprehensive and up-to-date survey of the whole field of international law invaluable.’

Sir Christopher Greenwood, Judge of the International Court of Justice

‘With its well organized structure and clarity of exposition, Shaw’s International Law has long been established as the pre-eminent textbook on international law for students. It is, however, much more than that; researchers and practitioners will find this comprehensive and up-to-date survey of the whole field of international law invaluable.’

Sir Christopher Greenwood, Judge of the International Court of Justice

‘By now, generations of international lawyers have learnt their international law from the present textbook. Over the years, Shaw has become the new Oppenheim. Today, Shaw is probably the best textbook on international law.

It is, without doubt, the most comprehensive and most up-to-date exposition of the subject. The author displays a masterful treatment of the material. There is no incident of State practice, treaty, Security Council resolution, or court decision of note that is not dealt with in Shaw. If for no other reason than that, this book is an indispensable companion for any student, academic or practitioner of international law.’

Stefan Talmon, University of Bonn

‘By now, generations of international lawyers have learnt their international law from the present textbook. Over the years, Shaw has become the new Oppenheim. Today, Shaw is probably the best textbook on international law.

It is, without doubt, the most comprehensive and most up-to-date exposition of the subject. The author displays a masterful treatment of the material. There is no incident of State practice, treaty, Security Council resolution, or court decision of note that is not dealt with in Shaw. If for no other reason than that, this book is an indispensable companion for any student, academic or practitioner of international law.’

Stefan Talmon, University of Bonn ‘Malcolm Shaw’s International Law is the established teaching tool for students in the field. It is of no less use to practitioners, judges and arbitrators. It is lucid, balanced and comprehensive. Professor Shaw’s seventh edition maintains the currency of this important treatise.’

Stephen M. Schwebel, former President of the International Court of Justice

‘This latest edition of Professor Shaw’s now classic textbook continues to strike that difficult balance between detail and accessibility. Comprehensive in its coverage, broad in its scope and situating the development of the law in its political and historic context, it is an essential textbook for all students of international law.’

Urfan Khaliq, Cardiff University

‘The seventh edition of Malcolm Shaw’s International Law has firmly confirmed its place among the leading textbooks of international law in the world. It is an indispensable source of knowledge for anyone studying international law.’

‘The seventh edition of Malcolm Shaw’s International Law has firmly confirmed its place among the leading textbooks of international law in the world.

It is an indispensable source of knowledge for anyone studying international law.’

Malgosia Fitzmaurice, Queen Mary University of London

9781107612495: Shaw: Cover: C M Y K

‘Shaw’s International Law has been my companion in teaching undergraduate and graduate courses in international law since the early 1990s. The book provides a rich source that allows them not only insights into the details of the many areas of international law, but also to engage in current debates on how international law from a practical and academic point of view is challenged by the many developments in international society. I have not yet come across a textbook that combines these qualities in such a superb manner.’

Marcel Brus, University of Groningen

9781107062467jkt.qxd

‘This latest edition of Professor Shaw’s now classic textbook continues to strike that difficult balance between detail and accessibility. Comprehensive in its coverage, broad in its scope and situating the development of the law in its political and historic context, it is an essential textbook for all students of international law.’

Urfan Khaliq, Cardiff University

8/14/14

4:31 PM

International

LAW

see page 40

Seventh Edition

M ALCOLM N. SHAW

Malgosia Fitzmaurice, Queen Mary University of London

‘Shaw’s International Law has been my companion in teaching undergraduate and graduate courses in international law since the early 1990s. The book provides a rich source that allows them not only insights into the details of the many areas of international law, but also to engage in current debates on how international law from a practical and academic point of view is challenged by the many developments in international society. I have not yet come across a textbook that combines these qualities in such a superb manner.’

Marcel Brus, University of Groningen

Seventh Edition

Cover illustration: From Sea to Shining Sea by Ilan Shaw Cover design: Andrew Ward

Page 1

The Legacy of Ruth Bader Ginsburg

Cover photo: Portrait from 1980, during Ginsburg’s first term as a D.C. Circuit judge. Chase Studio, Collection of the Supreme Court of the United States.

Ruth Bader Ginsburg is a legal icon. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways.

Dodson

Scott Dodson is Harry & Lillian Hastings Research Chair and Professor of Law at the University of California Hastings College of the Law. An expert in civil procedure and federal courts, Dodson has authored more than thirty-five articles appearing in the Stanford, Michigan, California, University of Pennsylvania, and Virginia law reviews. He is the author of New Pleading in the Twenty-First Century (2013) and Civil Procedure: Model Problems and Outstanding Answers (second edition, 2012). His writings have been cited by the Fifth, Seventh, Ninth, Tenth, and Eleventh circuits. Dodson is a frequent commentator in various news media and has blogged at SCOTUSblog, Civil Procedure & Federal Courts Blog, and PrawfsBlawg.

Jacket design: Wendy Bedenbaugh Printed in the United States of America

LAW

‘Malcolm Shaw’s International Law is the established teaching tool for students in the field. It is of no less use to practitioners, judges and arbitrators. It is lucid, balanced and comprehensive. Professor Shaw’s seventh edition maintains the currency of this important treatise.’

Stephen M. Schwebel, former President of the International Court of Justice

see page 39

Emmanuelle Tourme Jouannet

SHAW International

Comparative law 1 Competition law, anti-trust law 3 Constitutional and administrative law, public law 3 Contract law 6 Corporate law, commercial law, company law 6 Criminal law 8 Dispute resolution, mediation and arbitration 9 E-commerce law, internet law 9 Employment law, labour law 10 English legal system 10 Environmental law 10 European law 11 Financial law, banking law 15 Human rights 15 Humanitarian law, law of armed conflict 20 Intellectual property 23 International economic and trade law, WTO law 25 Jurisprudence, legal theory 29 Law (general) 31 Law and economics 31 Legal history 32 Legal skills and practice 34 Medical law, health law 35 Private international law 36 Property law 36 Public international law 37 Socio-legal studies 45 Taxation 48 Tort law 48 UN and international organisations 49 US law 50 Also of interest 51 Information on related journals Inside back cover

see page 50

The Legacy of

Ruth Bader Ginsburg Edited by Scott Dodson

This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg’s career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law.

Featured authors Neil Walker, University of Edinburgh Author of Intimations of Global Law G l ob a l

A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has acquired prominence over recent decades. Intimations

l aW S e r

ieS

Intimations of Global Law

N e i l Wa

lk er

of Global Law detects this strain in diverse movements and initiatives cutting across legal scholarship and practice – from human rights and international constitutionalism to global administrative law and new forms of legal pluralism – and explores how its development is reshaping our very understanding of legal authority.

Helen Duffy, Interights, London Author of The ‘War on Terror’ and the Framework of International Law, Second Edition The

Measures taken in the name of countering terrorism constantly give rise to new international legal issues. Helen Duffy’s thoroughly revised second edition explores the developing legal framework on terrorism and counter-terrorism. Examples of practice

‘WAR ON TERROR’ and the Framework of International Law SECON D EDITIO N

HELEN DUFF Y

from across the globe and detailed case studies bring the law to life and show what the war on terror means in practice for affected individuals and for the rule of law more broadly.

Michael P. Scharf, Case Western Reserve University School of Law Michael Newton Vanderbilt University School of Law Milena Sterio, Cleveland State University School of Law Editors of Prosecuting Maritime Piracy This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It presents a more thorough understanding of modern piracy trials and the precedent they have established for scholars, practitioners, and the broader community interested in counter-piracy efforts.

Visit www.cambridge.org/authorhub for a range of step-by-step guides for authors

Comparative law

Comparative law European Legal Cultures in Transition Åse B. Grødeland Fafo Institute for Applied Social Sciences, Norway

and William L. Miller University of Glasgow

Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in England, Norway, Bulgaria, Poland and the Ukraine.

The book deals with policymaking in the legislative and executive branches, demonstrating the interplay between constitutional principles, political imperatives, and judicial review.

‘By masterfully combining a number of theoretical and analytical approaches, Rose-Ackerman, Egidy and Fowkes illuminate the judicial review of lawmaking and rulemaking in the United States, South Africa, Germany and the European Union and draw comparative lessons for making the process more democratic and accountable in all four jurisdictions.

This pathbreaking book will constitute essential reading for scholars of comparative law for many years to come.’

Francesca Bignami, George Washington University Law School

2015 228 x 152 mm 400pp 1 b/w illus. 141 tables 978-1-107-05035-8 Hardback c. £75.00 / c. US$120.00

2015 228 x 152 mm 310pp 978-1-107-04367-1 Hardback £65.00 / US$99.00

Publication July 2015

www.cambridge.org/9781107043671

For all formats available, see

For all formats available, see

www.cambridge.org/9781107050358

The U.S. Supreme Court and the Modern Common Law Approach Simona Grossi Loyola Law School, Los Angeles

This book studies the US Supreme Court and its current law approach to judicial decision making from a national and transnational perspective. It suggests the adoption of a judicial decision-making model that proceeds from principles and rules and uses them as premises for developing consistent unitary theories to meet current social conditions.

2015 228 x 152 mm 422pp 978-1-107-02805-0 Hardback £75.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107028050

Due Process of Lawmaking The United States, South Africa, Germany, and the European Union Susan Rose-Ackerman Yale University, Connecticut

Stefanie Egidy College of Law, Arizona State University

and James Fowkes Yale University, Connecticut

This comparative study explores the law of lawmaking in the United States, South Africa, Germany, and European Union based on three principles of legitimacy: democracy, rights, and competence.

Asian Courts in Context

1

New in Paperback

Cultural Law International, Comparative, and Indigenous James A. R. Nafziger Willamette University, Oregon

Robert Kirkwood Paterson University of British Columbia, Vancouver

and Alison Dundes Renteln University of Southern California

This unique collection of materials and commentary on cultural law covers a broad range of themes to demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. These issues are presented at multiple levels of legal authority: international, national, and subnational.

2014 253 x 177 mm 1012pp 3 b/w illus. 1 table 978-1-107-61309-6 Paperback £60.00 / US$95.00 Also available 978-0-521-86550-0 Hardback £109.99 / US$184.99 For all formats available, see

www.cambridge.org/9781107613096

Edited by Jiunn-rong Yeh National Taiwan University

and Wen-Chen Chang National Taiwan University

The most up-to-date and comprehensive book on Asian courts, which sets them in the context of the current political, economic and social challenges facing the continent. Contributors from across the region analyze courts in fourteen selected Asian jurisdictions to explain recent transformations and predict future developments.

2014 228 x 152 mm 624pp 16 b/w illus.

978-1-107-06608-3 Hardback £90.00 / US$160.00 For all formats available, see

www.cambridge.org/9781107066083

Charity Law and the Liberal State

New in Paperback

Courts and Terrorism Nine Nations Balance Rights and Security Edited by Mary L. Volcansek Texas Christian University

and John F. Stack, Jr Florida International University

Courts and Terrorism examines the response of judiciaries in nine separate nations to terror tactics and the common themes experienced.

2014 229 x 152 mm 284pp 978-1-107-61431-4 Paperback £22.99 / US$34.99 Also available 978-1-107-00110-7 Hardback £69.99 / US$99.99 For all formats available, see

www.cambridge.org/9781107614314

Matthew Harding University of Melbourne

Informed by liberal philosophical commitments and of interest to both charity lawyers and political philosophers, Charity Law and the Liberal State considers the questions relating to state action and public discourse that are raised by the law of charity.

2014 228 x 152 mm 272pp 978-1-107-02233-1 Hardback £60.00 / US$95.00 For all formats available, see

www.cambridge.org/9781107022331

eBooks available at www.cambridge.org/ebookstore

2

Comparative law Not-for-Profit Law Theoretical and Comparative Perspectives Edited by Matthew Harding University of Melbourne

Ann O’Connell University of Melbourne

and Miranda Stewart University of Melbourne

Applies comparative and theoretical perspectives to not-for-profit law, taxation and regulation to deepen understanding of the sector.

2014 228 x 152 mm 426pp 1 b/w illus. 11 tables 978-1-107-05360-1 Hardback £80.00 / US$125.00 For all formats available, see

www.cambridge.org/9781107053601

Religion, Charity and Human Rights Kerry O’Halloran Queensland University of Technology

Focusing on the contemporary struggle to achieve a triangulated alignment between religious beliefs, human rights and charity law, this comparative analysis of law and practice in six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.

2014 228 x 152 mm 548pp 978-1-107-02048-1 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107020481

HIGHLIGHT

Property and Political Order in Africa Land Rights and the Structure of Politics Catherine Boone London School of Economics and Political Science

This book analyzes the politics of land and the use of natural resources in Africa.

Cambridge Studies in Comparative Politics

2014 234 x 156 mm 424pp 3 b/w illus. 13 maps 12 tables 978-1-107-04069-4 Hardback £60.00 / US$95.00 978-1-107-64993-4 Paperback £21.99 / US$32.99 For all formats available, see

www.cambridge.org/9781107040694

Proof of Causation in Tort Law

Frameworks for Water Law Reform

Sandy Steel

Sarah Hendry

University of Oxford

University of Dundee

Sandy Steel explores how the rules of causation and exceptional departures from those rules are manifested in the tort laws of England, Germany and France. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Addressing the four principal areas of water law, this timely book designs and develops an original, analytical framework for water law reform processes, using case studies from four different jurisdictions.

Ideal for academics and students in environmental law and resource management, as well as policy makers and NGOs.

Cambridge Studies in International and Comparative Law

2015 228 x 152 mm 300pp 4 tables 978-1-107-04910-9 Hardback c. £65.00 / c. US$99.00

International Hydrology Series

Publication July 2015

2014 276 x 219 mm 148pp 2 b/w illus. 7 tables 978-1-107-01230-1 Hardback £75.00 / US$120.00

For all formats available, see

For all formats available, see

www.cambridge.org/9781107049109

www.cambridge.org/9781107012301

Textbook

Textbook

Intimations of Global Law

Comparative Law

Neil Walker University of Edinburgh

A strain of law has emerged since the mid-1960s which asserts a global reach and jurisdiction beyond any international or transnational remit. Intimations of Global Law identifies this new strain in diverse areas of the law, and explores how its development might influence the nature of our legal-ethical horizons.

Contents: 1. Why global law?; 2. Taking law to the world; 3. Seven species of global law; 4. The circuit of global law; 5. Intimations of global law; 6. Confronting global law.

Global Law Series

2014 228 x 152 mm 240pp 2 b/w illus. 2 tables 978-1-107-09162-7 Hardback £65.00 / US$99.00 978-1-107-46378-3 Paperback £24.99 / US$39.99 For all formats available, see

www.cambridge.org/9781107091627

Mathias Siems University of Durham

This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars. It critically discusses established approaches to comparative law, but also presents more modern ones, such as socio-legal and numerical comparative law. Special emphasis is given to the impact of globalisation on legal systems.

‘Comparative law has transformed into a challenging and interdisciplinary field with a long intellectual history.

Mathias Siems’ welcomed addition to the field offers a stimulating and thoughtful introduction to a new kind of comparative law which is contextualised and cosmopolitan as to its nature. The book offers an insightful overview of key issues arising in the comparative study of law today. Siems skilfully deals with established approaches, but also provides cutting-edge views to socio-legal and statistical approaches as well as providing examples from politics, economics and development studies. The work by Siems is a concise synthesis and it is bound to enlighten and provoke its readers.

This well-composed book makes wonderful reading for both students and scholars.’

Jaakko Husa, University of Lapland

Contents: 1. Introduction; Part I. Traditional Comparative Law: 2. The comparative legal method; 3. Common law and civil law; 4. Mapping the world’s legal systems; Part II. Extending the Methods of Comparative Law: 5. Postmodern comparative law; 6. Socio-legal comparative

Comparative law / Competition law, anti-trust law / Constitutional and administrative law, public law law; 7. Numerical comparative law; Part III. Global Comparative Law: 8. Legal transplants; 9. Fading state borders; 10. Comparative law and development; Part IV. Comparative Law as an Open Subject: 11. Implicit comparative law; 12. Outlook.

Law in Context

2014 247 x 174 mm 433pp 10 b/w illus.

978-1-107-00375-0 Hardback £65.00 / US$110.00 978-0-521-17717-7 Paperback £27.99 / US$45.00 For all formats available, see

www.cambridge.org/9781107003750

Competition law, anti-trust law Brands, Competition Law and IP Edited by Deven Desai Georgia Institute of Technology

Ioannis Lianos University College London

and Spencer Weber Waller Loyola University, Chicago

Brands and brand management have become a central feature of the modern economy. Yet, the reality of modern branding is not adequately taken into account in the law. This volume begins the process of broadening the legal understanding of brands by explaining what brands are and how they function.

2015 228 x 152 mm 264pp 2 b/w illus. 6 tables 978-1-107-10346-7 Hardback c. £74.99 / c. US$115.00 Publication July 2015 For all formats available, see

www.cambridge.org/9781107103467

Competition Law and Economic Regulation Making and Managing Markets Niamh Dunne King’s College London

Using examples from a wide range of jurisdictions, with a particular focus on the US and EU, this book will appeal to academics, policymakers and practitioners concerned with the increasingly important practical question of the interrelationship between competition law and economic regulation.

2015 228 x 152 mm 400pp 978-1-107-07056-1 Hardback £74.99 / US$119.99 Publication February 2015 For all formats available, see

www.cambridge.org/9781107070561

Textbook

Modern Economic Regulation An Introduction to Theory and Practice Christopher Decker University of Oxford

Drawing from the most recent work on economic regulation, this book examines the key physical and economic characteristics of four public utility industries (electricity, gas, water and telecommunications), and the impact of these characteristics on regulatory arrangements. Suitable for students and practitioners with little prior knowledge of economic regulation. ‘… a must-read for students and practitioners of economic regulation.

This book provides an excellent overview of the extensive literature covering the theory and practice of modern economic regulation of public utilities. It is written in a style which will be readily accessible to those new to the area. It highlights lessons learnt particularly from the experience of major economies which have introduced restructuring reforms.’

David Cousins, AM, Adjunct Professor, Monash University

Contents: 1. Introduction; Part I: 2. The recurring question: why regulate utilities?; 3. Alternatives to traditional regulation; Part II: 4. Principles of regulation for core network activities; 5. Forms of price regulation; 6. Regulation in the presence of competition; Part III: 7. The institutions of regulation; 8. Electricity regulation; 9. Gas regulation; 10. Telecommunications regulation; 11. Water and wastewater regulation; 12. Conclusions; Cases and legislation: Europe, UK, USA, Australia and New Zealand; Bibliography; Index.

2014 247 x 174 mm 487pp 23 b/w illus.

978-1-107-02423-6 Hardback £85.00 / US$130.00

Constitutional and administrative law, public law Constitutional Conventions in Westminster Systems Controversies, Changes and Challenges Edited by Brian Galligan University of Melbourne

and Scott Brenton Australian National University, Canberra

Electoral volatility and the rise of new political players are challenging constitutional conventions – crucial ‘rules’ of politics – in the United Kingdom, Canada, Australia and New Zealand. This book explains the significance of conventions and how they are being applied and adapted to meet these challenges.

2015 228 x 152 mm 250pp 1 b/w illus. 2 tables 978-1-107-10024-4 Hardback c. £65.00 / c. US$99.00 Publication August 2015 For all formats available, see

www.cambridge.org/9781107100244

Constitution Writing, Religion and Democracy Edited by Aslı Ü Bâli University of California, Los Angeles

and Hanna Lerner Tel-Aviv University

This book explores how constitutional drafters addressed religious conflicts in countries across Europe, Africa, Asia and the Middle East, from the late nineteenth century to the most recent post Arab Spring constitutions. It advances our understanding of the role played by constitutions in mitigating religious tensions in democratic or democratizing settings.

978-1-107-69906-9 Paperback £38.00 / US$52.00

2015 228 x 152 mm 250pp 978-1-107-07051-6 Hardback c. £60.00 / c. US$95.00

For all formats available, see

Publication August 2015

www.cambridge.org/9781107024236

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Constitutional and administrative law, public law Textbook

Government Accountability Australian Administrative Law Judith Bannister

product of politics rather than insulated from it.

2015 228 x 152 mm 320pp 3 b/w illus. 1 table 978-1-107-06695-3 Hardback £65.00 / US$99.00

law and democratic legitimacy, lie at the heart of this contemporary debate on global governance.

2014 228 x 152 mm 282pp 978-1-107-05025-9 Hardback £60.00 / US$99.00

University of Adelaide

Publication February 2015

For all formats available, see

Gabrielle Appleby

For all formats available, see www.cambridge.org/9781107066953

www.cambridge.org/9781107050259

University of Adelaide

Anna Olijnyk University of Adelaide

and Joanna Howe University of Adelaide

Government Accountability: Australian Administrative Law is a concise and accessible introduction to administrative law in Australia. The book clearly explains the intricacies of the field and provides readers with the theoretical and practical knowledge to analyse the decisions and actions of government, with reference to its guiding principle, accountability.

Contents: 1. Introduction; Part I. Administrative Decisionmaking: 2. Organisation and structure of government; 3. Administrative powers; 4. Delegated legislation; Part II. Accountability Mechanisms: 5. Public investigatory bodies; 6. Information disclosure; 7. Review sought by affected persons; Part III. Merits Review: 8. Review on the merits; 9. Administrative review tribunals; Part IV. Judicial Review: 10. Introduction to judicial review; 11. Limits on judicial review; 12. Introduction to the grounds of review; 13. Procedural fairness; 14. Determining the scope of a power; 15. Improper exercise of power; 16. Consequences of unlawful action.

2015 250 x 195 mm 472pp 978-1-107-66788-4 Paperback £75.00 / US$130.00 Publication February 2015 For all formats available, see

www.cambridge.org/9781107667884

The Politics of Judicial Independence in the UK’s Changing Constitution

Constitution Making during State Building Joanne Wallis Australian National University, Canberra

This book argues that fragmented and divided societies that are not immediately compatible with centralised statehood can best adjust to state structures by emphasising the role of constitution making. It is the first attempt to conduct a detailed empirical study of the role played by the liberallocal-hybrid approach in state building.

‘Joanne Wallis has made an extraordinary contribution to our understanding of the constituent process in twenty-first century state-building. Based on empirically grounded studies of constitutionmaking processes in Timor-Leste and Bougainville, Wallis uses a comparative historical method to explore how public participation in constitution-making processes may assist state-building in deeply divided societies. Wallis persuasively argues that the effectiveness of new state institutions is linked to the success in achieving a liberal-local hybridity through popular participation. Her contextually rich analysis is a must read for lawyers, political scientists, and policy makers around the world who are confronted with the failure of state institutions that were imposed or inherited in the post-colonial and world-war II era.’

Heinz Klug, Evjue-Bascom Professor of Law and Director of the Global Legal Studies Center, University of Wisconsin Law School

Graham Gee

2014 228 x 152 mm 416pp 3 maps 2 tables 978-1-107-06471-3 Hardback £65.00 / US$99.00

University of Birmingham

For all formats available, see

Robert Hazell

www.cambridge.org/9781107064713

University College London

Kate Malleson Queen Mary, University of London

and Patrick O’Brien London School of Economics and Political Science

Based on over 150 interviews with UK judges, politicians and officials, this is the first authoritative account of relations between the judiciary and government since the Constitutional Reform Act 2005. The authors argue that judicial independence is in fact a

Constitutionalism in Global Constitutionalisation Aoife O’Donoghue University of Durham

The debate on global constitutionalisation has brought about a period of transformation for the global legal order.

This book examines whether normative constitutionalism, such as the rule of

Textbook

Modern Administrative Law in Australia Concepts and Context Edited by Matthew Groves Monash University, Victoria

Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. It is an essential reference for students and practitioners of administrative law.

Contents: Part I. The Structure and Themes of Administrative Law: 1. Administrative law in the Australian environment; 2. Administrative law in Australia: themes and values revisited; 3. The public/private distinction and the reach of administrative law; 4. Human rights and judicial review: two sides of the same coin?; 5. Security and fairness in Australian public law; 6. Statutory interpretation and administrative law; 7. Standing to maintain public law proceedings; Part II. Judicial Review: 8. The constitutional dimension; 9. Australia’s codification of judicial review: has the legislative effort been worth it?; 10. The evolution and entrenchment of natural justice; 11. Holding government to its word: legitimate expectations and estoppels in administrative law; 12. Jurisdictional error and beyond; 13. Privative clauses: politics, legality and the constitutional dimension; Part III. Beyond the Courts: 14. The integrity branch: a ‘system’, and ‘industry’, or a sensible emerging fourth arm of the government?; 15. The ombudsman; 16. Freedom of information: a new era with old tensions; 17. Privacy; 18. Tribunals and merits review; 19. ‘Fair is foul and foul is fair’: migration tribunals and a fair hearing.

2014 247 x 174 mm 432pp 7 b/w illus.

978-1-107-69219-0 Paperback £85.00 / US$135.00 For all formats available, see

www.cambridge.org/9781107692190

Constitutional and administrative law, public law Recalibrating Reform The Limits of Political Change Stuart Chinn University of Oregon

This book examines a pattern of conservative resurgence following several eras of reform in American history by pointing to the phenomenon of ‘recalibration’. By highlighting recalibration as a regular companion to reform, the book ultimately sheds light on the barriers to, and possibilities for, sweeping change in American politics.

‘We celebrate great moments of legal change but fail to pay enough attention to the end of reform.

Chinn’s superb book challenges us all to rethink how courts apply, adjust, and sometimes frustrate landmark achievements of the people.’

Robert L. Tsai, American University Cambridge Historical Studies in American Law and Society

2014 228 x 152 mm 351pp 28 b/w illus.

978-1-107-05753-1 Hardback £65.00 / US$95.00 For all formats available, see

www.cambridge.org/9781107057531

provides the first translation of Kelsen’s and Schmitt’s famous and influential exchange on the ‘Guardian of the Constitution’.

Cambridge Studies in Constitutional Law, 12

2015 228 x 152 mm 290pp 978-1-107-09268-6 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107092686

Bills of Rights in the Common Law Robert Leckey McGill University, Montréal

Arguing that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate, Robert Leckey provides a detailed comparative account of how judges apply new bills of rights in Canada, South Africa and the United Kingdom, and how their practices deny justice to individuals.

Cambridge Studies in Constitutional Law, 13

2015 228 x 152 mm 256pp 978-1-107-03853-0 Hardback c. £64.99 / US$110.00 Publication May 2015

Parliamentary Bills of Rights The Experiences of New Zealand and the United Kingdom Janet L. Hiebert Queen’s University, Ontario

and James B. Kelly Concordia University, Montréal

This book examines how the New Zealand Bill of Rights Act and the UK’s Human Rights Act influence legislative decision-making and explores to what extent governmental and parliamentary behaviours have changed on key policy issues which present serious challenges for contemporary democracies in an age of rights.

Cambridge Studies in Constitutional Law, 11

2015 228 x 152 mm 504pp 11 tables 978-1-107-07651-8 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107076518

The Guardian of the Constitution Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law Edited and translated by Lars Vinx Bilkent University, Ankara

As the terminal crisis of the Weimar Republic intensified, Hans Kelsen and Carl Schmitt debated whether the Weimar Constitution should be protected by a constitutional court or by presidential dictatorship. This volume

For all formats available, see

www.cambridge.org/9781107038530

Constitutions and Religious Freedom Frank B. Cross University of Texas, Austin

This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, the author finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.

‘Emerging comparative law scholarship evidences an increased appetite for data and empirical methods to complement traditional comparative methodologies. In this spirit, Cross offers a thorough, thoughtful, and novel analysis of a critical question: when it comes to religious freedoms worldwide, do constitutions matter? Cross’s comparative approach and empirical lens carve new and promising intellectual terrain and make clear how different constitutional provisions generate different effects on religious freedoms. This book is important not only for what it says but also how it says it. A must-read for comparative, legal, and religious scholars.’

5

Comparative Constitutional Law and Policy

2015 228 x 152 mm 270pp 30 b/w illus.

978-1-107-04144-8 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107041448

International Courts and the Performance of International Agreements A General Theory with Evidence from the European Union Clifford Carrubba Emory University, Atlanta

and Matthew Gabel Washington University, St Louis

This book proposes a general theory of international courts that assumes member states are free to ignore international agreements and adverse court rulings and that the court does not have any informational advantages.

It demonstrates that international courts can facilitate cooperation with international law, but only within important political constraints.

Comparative Constitutional Law and Policy

2014 228 x 152 mm 251pp 27 b/w illus. 18 tables 978-1-107-06572-7 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107065727

Reputation and Judicial Tactics A Theory of National and International Courts Shai Dothan Tel-Aviv University

This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. When the court’s reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher.

Comparative Constitutional Law and Policy

2014 228 x 152 mm 348pp 978-1-107-03113-5 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107031135

Michael Heise, Cornell Law School

Visit our website at www.cambridge.org/academic

6

Constitutional and administrative law, public law / Contract law / Corporate law, commercial law, company law Constitutionalism in Asia in the Early Twenty-First Century Edited by Albert H. Y. Chen The University of Hong Kong

A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.

extremism and the impact of Europemade law.

The Hamlyn Lectures

2014 216 x 138 mm 108pp 978-1-107-07772-0 Hardback £25.00 / US$40.00 978-1-107-43465-3 Paperback £12.99 / US$19.99 For all formats available, see

www.cambridge.org/9781107077720

Comparative Constitutional Law and Policy

2014 228 x 152 mm 449pp 7 b/w illus. 4 tables 978-1-107-04341-1 Hardback £70.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107043411

Contract law Textbook

Contract Law Constitutions in Authoritarian Regimes Edited by Tom Ginsburg University of Chicago

and Alberto Simpser University of Chicago

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Comparative Constitutional Law and Policy

2014 228 x 152 mm 282pp 9 b/w illus. 18 tables 978-1-107-04766-2 Hardback £60.00 / US$95.00 978-1-107-66394-7 Paperback £22.99 / US$34.99 For all formats available, see

www.cambridge.org/9781107047662

Presidential Legislation in India The Law and Practice of Ordinances Shubhankar Dam Singapore Management University

This book is a study of the president of India’s authority to enact legislation (or ordinances) at the national level without involving parliament.

Comparative Constitutional Law and Policy

2014 228 x 152 mm 272pp 21 tables 978-1-107-03971-1 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107039711

The Common Law Constitution John Laws Court of Appeal

For the 2013 Hamlyn Lectures, Sir John Laws explored the constitutional balance between law and government in the United Kingdom and two of its contemporary threats: the force of

The Recovery of Non-Pecuniary Loss in European Contract Law Vernon V. Palmer Tulane University, Louisiana

The first comprehensive study on the rise of moral damages in modern European contract law through a historical and comparative analysis. Unique features include the first classification scheme of the systems into liberal, moderate and conservative regimes, taxonomy of nonpecuniary loss drawn from a Europeanwide jurisprudence and a comprehensive bibliography.

The Common Core of European Private Law

Second edition Neil Andrews

2015 228 x 152 mm 560pp 2 tables 978-1-107-09862-6 Hardback £100.00 / US$160.00

University of Cambridge

Publication April 2015

Significantly streamlined and updated, this second edition provides a clear and succinct introduction to all of the topics in the contract law curriculum. Chapters highlight the most important decisions in case law and integrate judicial excerpts into detailed discussion and analysis. New end-of-chapter questions provide excellent exam preparation for students.

For all formats available, see

Contents: Part I. Introduction: 1. Main features of contract law; Part II. Formation: 2. The pre-contractual phase; 3. Offer and acceptance ; 4. Certainty; Part III. Consideration and Intent to Create Legal Relations: 5. Consideration and estoppel; 6. Intent to create legal relations; Part IV. Third Parties and Assignment: 7. Third parties; 8. Assignment; Part V. Vitiating Elements: 9. Misrepresentation; 10. Mistake; 11. Duress, undue influence and unconscionability; Part VI. Terms and Interpretation: 12. Terms in general; 13. Implied terms; 14. Interpretation and rectification of written contracts; 15. Exclusion clauses and ‘unfair terms’; Part VII. Breakdown and Liability: 16. Frustration; 17. Breach and performance; Part VIII. Remedies for Breach: 18. Judicial remedies for breach of contract; 19. Consensual remedies for breach of contract: liquidated damages and deposits; Part IX. Illegality and Public Policy: 20. The illegality doctrine; Part X. The Future: 21. The ‘good faith’ debate; 22. Codification; 23. International and European ‘soft law’ codes: lessons for English law?

2015 247 x 174 mm 736pp 978-1-107-06168-2 Hardback £75.00 / US$120.00 978-1-107-66064-9 Paperback £37.99 / US$60.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107061682

www.cambridge.org/9781107098626

Corporate law, commercial law, company law Company Law and Sustainability Legal Barriers and Opportunities Edited by Beate Sjåfjell Universitetet i Oslo

and Benjamin J. Richardson University of Tasmania

Business law, and above all company law, must be transformed to encourage environmentally responsible business.

This book highlights the inadequacies of both environmental law and voluntary corporate social responsibility.

Its suggestions for reform and its multinational scope makes it essential reading for scholars, policy-makers and business managers worldwide.

2015 228 x 152 mm 368pp 978-1-107-04327-5 Hardback £80.00 / US$125.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107043275

Corporate law, commercial law, company law Textbook

its role in the unification of global sales law at present and into the future.

book analyses the applicable sources’ impact on contracts and arbitration.

A Guide to Law and Practice Second edition Justin Malbon

2014 253 x 177 mm 799pp 6 b/w illus. 5 maps 3 tables 978-1-107-02038-2 Hardback £95.00 / US$150.00

Monash University, Victoria

For all formats available, see

and Bernard Bishop

www.cambridge.org/9781107020382

Contents: 1. Contract practice and its expectations in terms of the governing law; 2. The role of transnational law; 3. The impact of the governing law; 4. Which state law governs an international contract?

5. Does arbitration ensure a self-sufficient contract? 6. Conclusion.

Australian Export

Griffith University, Queensland

This new edition has been thoroughly updated to reflect recent legal developments in Australia and internationally, and the coverage of many topics has been expanded. New examples and case studies have been added, and each chapter now includes key concepts and further reading to reinforce learning.

Contents: 1. An introduction to the export and import of goods and services; 2. Contracts for the international sale of goods; 3. Incoterms; 4. Payment; 5. Transport of exported goods; 6. Cargo insurance; 7. Customs and anti-dumping; 8. Exporting through an overseas representative; 9. Exporting via licensing and franchising arrangements; 10. Exporting via an overseas business presence; 11. Dispute settlement; 12. Exporters and the WTO. 2015 247 x 174 mm 352pp 978-1-107-63400-8 Paperback £65.00 / US$100.00 For all formats available, see

www.cambridge.org/9781107634008

European Consumer Access to Justice Revisited Stefan Wrbka Kyushu University, Japan

‘Access to justice’ embodies a concept purporting to an ideal situation. Stefan Wrbka explains the importance of enabling consumers to reach this situation not only for their own benefit but also for the benefit of market growth, and identifies ways in which we can accomplish this.

2014 228 x 152 mm 416pp 6 tables 978-1-107-07237-4 Hardback £80.00 / US$125.00 For all formats available, see

www.cambridge.org/9781107072374

International Sales Law A Global Challenge Edited by Larry A. DiMatteo Warrington College of Business Administration, University of Florida

This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and

Schemes of Arrangement Theory, Structure and Operation Jennifer Payne

2014 247 x 174 mm 342pp 978-1-107-02918-7 Hardback £80.00 / US$130.00 978-1-107-68471-3 Paperback £40.00 / US$65.00

University of Oxford

For all formats available, see

This critical, contextual and comparative analysis of schemes of arrangement and their uses will be invaluable for those wishing to understand schemes from either a practical or academic perspective.

www.cambridge.org/9781107029187

2014 228 x 152 mm 457pp 1 table 978-1-107-01640-8 Hardback £95.00 / US$150.00 For all formats available, see

Law and Practice of Liability Management Debt Tender Offers, Exchange Offers, Bond Buybacks and Consent Solicitations in International Capital Markets Apostolos Ath. Gkoutzinis

www.cambridge.org/9781107016408

Shearman & Sterling LLP

Capital Directive in Europe

A practical and systematic treatment of the law of tender offers, consent solicitations, exchange offers and bond buybacks.

The Rules on Incorporation and Capital of Limited Liability Companies General Editor Dirk Van Gerven NautaDutilh, Brussels

This book provides an overview of the Second Council Directive 77/91/EEC of 13 December 1976 (also known as the Capital Directive) and its implementation in every Member State of the European Union and the European Economic Area.

2014 228 x 152 mm 1123pp 978-0-521-49334-5 Hardback £195.00 / US$295.00 For all formats available, see

2014 228 x 152 mm 320pp 978-1-107-02034-4 Hardback £90.00 / US$140.00 For all formats available, see

www.cambridge.org/9781107020344

Key Reference

Cambridge Handbook of Institutional Investment and Fiduciary Duty Edited by James P. Hawley St Mary’s College, California

www.cambridge.org/9780521493345

Andreas G. F. Hoepner

Textbook

Keith L. Johnson

ICMA Centre, Henley Business School, University of Reading

International Commercial Contracts

University of Wisconsin, Madison

Applicable Sources and Enforceability Giuditta Cordero-Moss

and Edward J. Waitzer

Universitetet i Oslo

Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement.

Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this

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Joakim Sandberg University of Gothenburg York University, Toronto

A comprehensive reference work that explores recent changes and future trends in the principles that govern institutional investors and fiduciaries.

2014 228 x 152 mm 507pp 20 b/w illus. 39 tables 978-1-107-03587-4 Hardback £90.00 / US$145.00 For all formats available, see

www.cambridge.org/9781107035874

eBooks available at www.cambridge.org/ebookstore

8

Corporate law, commercial law, company law / Criminal law A Financial Centre for Two Empires Hong Kong’s Corporate, Securities and Tax Laws in its Transition from Britain to China David C. Donald The Chinese University of Hong Kong

With contributions by Jiangyu Wang National University of Singapore

and Jefferson P. VanderWolk

This study shows how the former British colony of Hong Kong came to have the qualities needed to serve as China’s international financial centre.

Its multidimensional approach includes historical, doctrinal, comparative and empirical analyses.

International Corporate Law and Financial Market Regulation

2014 228 x 152 mm 292pp 27 b/w illus.

978-1-107-00480-1 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107004801

Criminal law Prosecuting Maritime Piracy Domestic Solutions to International Crimes Edited by Michael P. Scharf Case Western Reserve University School of Law

Michael Newton Vanderbilt University School of Law

and Milena Sterio Cleveland State University School of Law

This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions. It presents a more thorough understanding of modern piracy trials and the precedent they have established for scholars, practitioners, and the broader community interested in counter-piracy efforts.

2015 228 x 152 mm 376pp 978-1-107-08122-2 Hardback £65.00 / US$99.00 978-1-107-44112-5 Paperback £29.99 / US$44.99 Publication May 2015 For all formats available, see

www.cambridge.org/9781107081222

A Philosophy of Criminal Attempts

between attempting and intending, acting, subjectivity and possibility, and proposes a theory of criminal attempts derived from the anatomy of attempting thus revealed.

2015 228 x 152 mm 256pp 1 b/w illus.

978-1-107-02983-5 Hardback £69.99 / US$110.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107029835

Defending the Jury Crime, Community, and the Constitution Laura I Appleman Willamette University College of Law

This book exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community’s voice. It sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive.

2015 228 x 152 mm 256pp 978-1-107-04354-1 Hardback £55.00 / US$85.00 978-1-107-65093-0 Paperback £19.99 / US$29.99 Publication April 2015 For all formats available, see

www.cambridge.org/9781107043541

Why Not Jail?

Industrial Catastrophes, Corporate Malfeasance, and Government Inaction Rena Steinzor University of Maryland, Baltimore

This book analyzes five industrial catastrophes that have killed or sickened consumers and workers or caused irrevocable harm to the environment.

Written in accessible and jargon-free language, Why Not Jail? recommends innovative interpretations of existing laws to elevate the prosecution of white-collar crime at the federal and state levels.

One of Corporate Crime Reporter’s Top Ten Books of the Year 2014 – Joint winner 2015 228 x 152 mm 304pp 2 b/w illus.

978-1-107-05340-3 Hardback £55.00 / US$85.00

Bebhinn Donnelly-Lazarov

978-1-107-63394-0 Paperback £19.99 / US$32.99

Swansea University

Publication February 2015

Attempting is one of the most intriguing and perplexing dimensions of human action. Its implications in criminal law are profound. Bebhinn Donnelly-Lazarov explores the philosophical connections

For all formats available, see

www.cambridge.org/9781107053403

HIGHLIGHT

Dirty Entanglements Corruption, Crime, and Terrorism Louise I. Shelley George Mason University, Virginia

The entangled threat of crime, corruption, and terrorism now deserves high-level policy attention because of its growth trajectory. Using lively case studies, this book analyzes the transformation of crime and terrorism and the business logic of terrorism.

Louise I. Shelley concludes that corruption, crime, and terrorism will remain important security challenges in the twenty-first century.

‘Through examples, current and past, Louise Shelley provides a much needed understanding of the relationship among crime, corruption and terrorism, especially the sophistication of non-state actors and terrorists as they operate globally, exploiting technology and global systems. She demonstrates the diverse and damaging impacts to health, poverty, inequality and the planet’s sustainability, as well as the perpetuation of social destabilization and conflicts. The importance of strong law enforcement, state institutions, and transparent financial institutions in pre- and post-conflict state building becomes apparent to prevent and address this devastating situation.

This exceptional book is a must-read for policy makers, public and business leaders, members of the justice system, and university professors and students in most disciplines.’

Huguette Labelle, Chair, Transparency International 2014 228 x 152 mm 386pp 1 b/w illus. 5 maps 2 tables 978-1-107-01564-7 Hardback £55.00 / US$80.00 978-1-107-68930-5 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107015647

Criminal law / Dispute resolution, mediation and arbitration / E-commerce law, internet law The Territorial Jurisdiction of the International Criminal Court 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.

materials and key cases decided by the Supreme People’s Court of the People’s Republic of China (PRC). It provides the full texts of around two hundred decisions dating from 1990 to 2013, with enclosures of lower People’s Courts’ decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but it enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently.

2014 228 x 152 mm 380pp 978-1-107-03427-3 Hardback £75.00 / US$115.00

2015 247 x 174 mm 1500pp 978-1-107-08219-9 2 Volume Set c. £250.00 / c. US$400.00

For all formats available, see

Publication October 2015

www.cambridge.org/9781107034273

For all formats available, see

Michail Vagias The Hague University of Applied Sciences

www.cambridge.org/9781107082199

Crime, Reason and History A Critical Introduction to Criminal Law Third edition Alan Norrie

Between Interests and Law The Politics of Transnational Commercial Disputes Thomas Hale

University of Warwick

University of Oxford

Crime, Reason and History critically analyses the general principles of criminal law and offers a different viewpoint: that the law is systematically structured around conflicting elements.

Updated to include two new chapters with an extended treatment of offence and defence, this new edition combines challenging and sophisticated analysis with accessibility.

We could not have a global economy without a system to resolve transborder commercial disputes, but the international institutions which perform this vital function bear little resemblance to other pillars of the global economy.

This book shows how political and legal forces have shaped the evolution of this key regime.

Law in Context

2014 247 x 174 mm 424pp 978-0-521-51646-4 Hardback £70.00 / US$110.00 978-0-521-73168-3 Paperback £32.99 / US$49.99

2015 228 x 152 mm 375pp 36 b/w illus. 19 tables 978-1-107-08362-2 Hardback c. £75.00 / c. US$120.00 Publication August 2015 For all formats available, see

www.cambridge.org/9781107083622

For all formats available, see

www.cambridge.org/9780521516464

Dispute resolution, mediation and arbitration

Transparency in International Investment Arbitration A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration Edited by Dimitrij Euler Universität Basel, Switzerland

Foreign-Related Arbitration in China Commentary and Cases Fan Yang City University of Hong Kong

This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law

facilitate their submissions in investorstate proceedings.

2015 228 x 152 mm 416pp 978-1-107-07793-5 Hardback c. £89.99 / US$145.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107077935

Litigating International Law Disputes Weighing the Options Edited by Natalie Klein Macquarie University, Sydney

This book examines why states resort to international adjudication or arbitration for the resolution of their disputes.

2014 228 x 152 mm 530pp 978-1-107-01706-1 Hardback £80.00 / US$135.00 For all formats available, see

www.cambridge.org/9781107017061

E-commerce law, internet law Regulating Speech in Cyberspace Gatekeepers, Human Rights and Corporate Responsibility Emily B. Laidlaw University of Calgary

When a social networking provider deletes a group it deems offensive or an ISP blocks access to content online, it takes on a powerful role in regulating speech on the internet. Regulating Speech in Cyberspace examines the legal and social challenges of the impact of businesses on free speech online.

2015 228 x 152 mm 270pp 9 b/w illus.

978-1-107-04913-0 Hardback c. £65.00 / c. US$99.00 Publication July 2015 For all formats available, see

www.cambridge.org/9781107049130

Markus Gehring University of Cambridge

and Maxi Scherer Key Reference

9

Queen Mary University of London

Assisted by Meagan Wong and Rebecca Hadgett

This commentary analyses transparency in the light of sustainable development and human rights and will be of interest to all parties involved in investment law.

Contributors explain the perspective of non-disputing parties, and give guidance to interveners, especially NGOs, to

Managing Cyber Attacks in International Law, Business, and Relations In Search of Cyber Peace Scott J. Shackelford Kelley School of Business, Indiana University

This book presents a novel framework to reconceptualize internet governance and better manage cyber attacks. It makes an original contribution by examining the potential of polycentric regulation

Visit our website at www.cambridge.org/academic

10

E-commerce law, internet law / Employment law, labour law / English legal system / Environmental law to increase accountability through bottom-up action. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics and politics. ‘’Interdisciplinary’ is often overused to the point of being meaningless, but Shackelford truly demonstrates the real value of practical, truly interdisciplinary thinking that is required to confront the escalating challenges of international cyber risks. Piecemeal approaches of only policy, technology, or geography are inadequate to the challenge, and Shackelford’s background and expertise shine through in timely and useful guidance for the many of us who deal with these challenges every day.’

Brad Wheeler, Vice President for IT and CIO, Indiana University 2014 228 x 152 mm 434pp 14 b/w illus. 5 tables 978-1-107-00437-5 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107004375

Employment law, labour law

English legal system English Civil Justice after the Woolf and Jackson Reforms A Critical Analysis John Sorabji University College London

Explains the revolutionary nature of the Woolf reforms through an examination of the Civil Procedure Rules’ overriding objective and its commitment to proportionality and explains its practical effect for the success of 2013’s Jackson reforms.

‘The significance and originality of the work lies in the success of Sorabji’s jurisprudential project – to place the reforms of Woolf and Jackson in the wider context of theories of justice and, in particular, to identify structural similarities between Lord Woolf’s vision and the prescient writings of Jeremy Bentham.’

Richard Susskind, The Times 2014 228 x 152 mm 280pp 978-1-107-05166-9 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107051669

Global Justice and International Labour Rights Edited by Yossi Dahan Academic Center of Law and Business, Ramat Gan

Hanna Lerner Tel-Aviv University

and Faina Milman-Sivan University of Haifa, Israel

By exploring the normative implications of international labour regulations, this book bridges the disciplinary gap between the normative discussion on global justice and the empirical study of international labour law. It presents innovative perspectives on moral and legal obligations of individuals and institutions toward labour rights in the global era.

2015 228 x 152 mm 225pp 978-1-107-08787-3 Hardback c. £60.00 / c. US$95.00 Publication September 2015 For all formats available, see

www.cambridge.org/9781107087873

Environmental law Wilderness Protection in Europe The Role of International, European and National Law Edited by Kees Bastmeijer Universiteit van Tilburg, The Netherlands

Despite an extensive human footprint, Europe still retains wilderness areas. These areas enjoy a growing appreciation but nevertheless, numerous threats to Europe’s wilderness exist. This book provides the first major appraisal of the role of international, European and domestic law in protecting wilderness areas and their distinguishing qualities in Europe.

2015 228 x 152 mm 450pp 978-1-107-05789-0 Hardback c. £75.00 / c. US$120.00 Publication November 2015 For all formats available, see

www.cambridge.org/9781107057890

Textbook

International Environmental Law A Modern Introduction Pierre-Marie Dupuy Graduate Institute of International Studies, Geneva

and Jorge E. Viñuales University of Cambridge

An accessible, up-to-date and legally rigorous introduction to contemporary international environmental law.

Detailed references combined with numerous figures and tables provide a conceptually clear understanding of the law in this area.

Contents: Introduction; Part I. Foundations: 1. Emergence and development of international environmental law; 2. Main features of international environmental law; 3. The principles of international environmental law; Part II. Substantive Regulation: 4. Oceans, seas and freshwater; 5. Atmosphere; 6. Biological diversity; 7. Dangerous substances and activities; Part III. Implementation: 8. Traditional approaches: responsibility/liability/ adjudication; 9. Alternative approaches – facilitation and management of ‘noncompliance’; Part IV. Interactions with Other Branches: 10. Interactions with human rights law; 11. Interactions with the law of armed conflict; 12. Interactions with international economic law.

2015 247 x 174 mm 488pp 36 b/w illus. 1 table 978-1-107-04124-0 Hardback £70.00 / US$115.00 978-1-107-67334-2 Paperback £29.99 / US$47.99 Publication April 2015 For all formats available, see

www.cambridge.org/9781107041240

Ecological Governance Reappraising Law’s Role in Protecting Ecosystem Functionality Olivia Woolley University of Aberdeen

A comprehensive legal analysis of how governance of human activities in developed states should be restructured to improve ecological protection.

2014 228 x 152 mm 270pp 978-1-107-06045-6 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107060456

Environmental law / European law Environmental Law and Contrasting Ideas of Nature A Constructivist Approach Edited by Keith H. Hirokawa Albany Law School

This book offers a scholarly examination of the manner in which nature is constructed through law, both in the ‘hard’ sense of directly regulating human activities that impact nature, and in the ‘soft’ manner in which law’s ideas of nature influence and are influenced by behaviors, values, and priorities.

‘Would nature exist without property law? … this is the kind of inquiry Keith Hirokawa and his collaborators … ask us to explore as a way of gaining deeper appreciation of law’s construction of nature as a human concept. Every chapter in this volume reminds us that nature is not the world without humans, it is a part of the world humans construct through law and other social institutions. … This collection of essays offers a bounty of fresh, innovative, and insightful expositions on that immensely important question. It will change the way you think law should think about nature.’

J. B. Ruhl, David Daniels Allen Distinguished Chair of Law, Vanderbilt University Law School 2014 228 x 152 mm 362pp 1 map 978-1-107-03347-4 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107033474

The Moral Challenge of Dangerous Climate Change Values, Poverty, and Policy Darrel Moellendorf Johann Wolfgang Goethe-Universität Frankfurt

This book examines the threat that climate change poses to projects of poverty eradication, sustainable development, and biodiversity preservation. It discusses the values that support these projects and evaluates the normative bases of climate change policy. This book regards climate change policy as a public problem that normative philosophy can shed light on.

‘This book is a penetrating and comprehensive first effort to tackle a largely unacknowledged but supremely important moral dilemma. It is a unique contribution to advancing the literature on climate change and shows the importance of our necessary initiatives to exit the fossil fuel regime by raising prices to decrease demand and to create a direct threat to the only source of

energy now affordable to many of the world’s poorest struggling for sustainable development.’

European law

Henry Shue, Centre for International Studies, University of Oxford

Ne Bis in Idem in EU Law

2014 228 x 152 mm 273pp 3 b/w illus. 1 table 978-1-107-01730-6 Hardback £55.00 / US$85.00 978-1-107-67850-7 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107017306

Evolution of International Environmental Regimes The Case of Climate Change Simone Schiele

11

Edited by Bas van Bockel European University Institute, Florence

The ne bis in idem principle is a ‘litmus test’ of fundamental rights protection in the EU. This book explores the principle, and the way the CJEU has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.

2015 228 x 152 mm 350pp 978-1-107-08706-4 Hardback c. £65.00 / c. US$99.00 Publication October 2015 For all formats available, see

www.cambridge.org/9781107087064

United Nations Environment Programme

Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes.

Cambridge Studies in International and Comparative Law, 108

2014 228 x 152 mm 308pp 5 b/w illus.

978-1-107-04415-9 Hardback £65.00 / US$99.00

Citizenship and Federalism in Europe The Role of Rights Edited by Dimitry Kochenov Rijksuniversiteit Groningen, The Netherlands

The concept of EU citizenship has moved well beyond use just in the context of the internal market and free movement.

This book provides the definitive account of EU citizenship as a foundational concept, which shapes the very essence of the European Union and delimits the scope of EU law.

For all formats available, see

2015 228 x 152 mm 750pp 978-1-107-07270-1 Hardback c. £90.00 / c. US$140.00

www.cambridge.org/9781107044159

Publication September 2015 For all formats available, see

Climate Change Litigation Regulatory Pathways to Cleaner Energy Jacqueline Peel University of Melbourne

and Hari M. Osofsky University of Minnesota

What is the role of litigation in addressing the problem of climate change? This book focuses on the real-world impact of extensive climate-related lawsuits on regulation, corporate behaviour and social norms, and explains how these lawsuits have shaped approaches to mitigation, adaptation and regulation.

Cambridge Studies in International and Comparative Law, 116

2015 228 x 152 mm 384pp 2 b/w illus.

978-1-107-03606-2 Hardback £65.00 / US$99.00 Publication March 2015 For all formats available, see

www.cambridge.org/9781107036062

www.cambridge.org/9781107072701

Highlight

The End of the Eurocrats’ Dream Adjusting to European Diversity Edited by Damian Chalmers London School of Economics and Political Science

Markus Jachtenfuchs Hertie School of Governance

and Christian Joerges Hertie School of Governance

This multidisciplinary project argues that the current mode of integration contributed to the crisis, and that we need to rethink the EU more fundamentally to ensure that the dangers of the previous modus operandi are not to be repeated.

2015 228 x 152 mm 375pp 978-1-107-10718-2 Hardback c. £65.00 / c. US$99.00 Publication August 2015 For all formats available, see

www.cambridge.org/9781107107182

For regular email alerts visit www.cambridge.org/alerts

12

European law Textbook

EU Treaties and Legislation Edited by Robert Schütze University of Durham

This concise collection of the essential primary and secondary law of the European Union quickly and effectively guides students to the material they need during exams and lectures.

Colour-coded content facilitates easy navigation, and Lisbon numbering is used throughout. Two forewords include guidance on finding, reading and understanding EU law.

Contents: Preface and acknowledgements; How to understand and read the EU treaties; How to find and read EU secondary law; Table of EU treaties and secondary law; Part I. Union Primary Law: Treaties and Charter: 1. Treaty on European Union; 2. Treaty on the functioning of the European Union; 3. Protocols to the treaties (selection); 4. Charter of fundamental rights (with explanations); Part II. Union Secondary Law: Legislation and Other Acts; Section 1. Union Laws on the Institutions: 5. 1976 Act concerning the election of the members of the European parliament; 6. Regulation 2004/2003 governing political parties at the EU level; 7. Regulation 182/2011 laying down the rules and general principles concerning mechanisms for control by member states of the Commission’s exercise of implementing powers (comitology regulation); 8. Regulation 58/2003 on the Statute of Executive Agencies; 9. Regulation 1049/2001 regarding public access to EU documents; Section 2. Union Laws on the Internal Market: 10. Regulation 492/2011 on freedom of movement for workers; 11. Regulation 883/2004 on social security coordination; 12. Directive 2005/36 on the recognition of professional qualifications; 13. Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states; 14. Directive 2006/123 on services in the internal market; 15. Directive 96/71 on posted workers; Section 3. Union Laws on Competition: 16. Regulation 330/2010 on the application of Article 101(3) to categories of vertical agreements and concerted practices; 17. Regulation 139/2004 on the control of concentrations between undertakings (EU Merger Regulation); 18. Regulation 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 (GBER); 19. Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 101 and 102; 20. Regulation 659/1999 laying down detailed rules for the application of Article 108; Section 4. Union Laws on Social Policy: 21. Directive 89/391 on health and safety of workers; 22. Directive

2003/88 concerning certain aspects of the organisation of working time; 23. Directive 1999/70 concerning the framework agreement on fixed-term work concluded

by ETUC, UNICE and CEEP; 24. Directive 2001/23 relating to the safeguarding of employees’ rights in the event of transfers of undertakings; 25. Directive 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation; Section 5. Union Laws on Consumer Protection: 26. Directive 2011/83 on consumer rights; 27. Directive 1999/44 on certain aspects of the sale of consumer goods; 28. Directive 93/13 on unfair terms in consumer contracts; 29. Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market; 30. Directive 85/374 on liability for defective products; Appendix 1: United Kingdom statutes on the European Union; Appendix 2: tables of equivalences (chronological).

2015 247 x 174 mm 500pp 1 b/w illus. 1 colour illus. 4 tables 978-1-107-46127-7 Paperback c. £14.00 / c. US$24.99 Publication July 2015 For all formats available, see

www.cambridge.org/9781107461277

European Constitutionalism Kaarlo Tuori University of Helsinki

The book explains why it is warranted to speak of the European constitution even after the debacle of the EU Constitutional Treaty. It explains how European constitutionalism seeks to achieve its legitimating task through its interaction with national constitutionalism.

2015 228 x 152 mm 300pp 978-1-107-08709-5 Hardback c. £65.00 / c. US$105.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107087095

European Consensus and the Legitimacy of the European Court of Human Rights Kanstantsin Dzehtsiarou University of Surrey

How does the ECtHR in Strasbourg interpret the European Convention on Human Rights? This book analyses one of the tools of interpretation: European consensus. It explores whether the Court has legitimacy when it broadens the scope of human rights and uses

interviews from judges to reveal unique insights and information.

2015 228 x 152 mm 256pp 3 b/w illus.

978-1-107-04103-5 Hardback £65.00 / US$99.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107041035

Textbook

European Union Law Robert Schütze University of Durham

Written with exceptional clarity, European Union Law examines all the core constitutional and substantive topics of EU law. Student learning is supported by numerous case extracts, suggestions for further reading and more than 100 visual aids. A companion website features full ‘Lisbonised’ versions of the cases cited in the text.

Contents: Part I. Constitutional Foundations: 1. Constitutional history: from Paris to Lisbon; 2. Constitutional nature: a federation of states; 3. European law: nature – direct effect; 4. European law: nature – supremacy; 5. Governmental structure: Union institutions I; 6. Governmental structure: Union institutions II; Part II. Governmental Powers: 7. Legislative powers: competences and procedures; 8. External powers: competences and procedures; 9. Executive powers: competences and procedures; 10. Judicial powers I: European procedures; 11. Judicial powers II: national procedures; 12. Judicial powers III: EU fundamental rights; Part III. Substantive Law; Section 1. Internal Market: 13. Free movement of goods I: negative integration; 14. Free movement of goods II: positive integration; 15. Free movement of persons: workers and beyond; 16. Free movement of services and capital; Section 2. Union Policies: 17. Competition law I: private undertakings; 18. Competition law II: state interferences; 19. Internal policies: an overview; 20. External policies: an overview.

2015 247 x 174 mm 900pp 1 b/w illus. 54 colour illus. 54 tables 978-1-107-07120-9 Hardback c. £80.00 / c. US$130.00 978-1-107-41653-6 Paperback c. £37.99 / c. US$60.00 Publication March 2015 For all formats available, see

www.cambridge.org/9781107071209

European law Regulating Lifestyle Risks

Foreign Affairs and the EU Constitution

The EU, Alcohol, Tobacco and Unhealthy Diets Edited by Alberto Alemanno

Selected Essays Robert Schütze

HEC, Paris

Written by one of the leading constitutional scholars and experts on EU external relations, this collection of essays explores the European Union’s constitutional regime for foreign affairs – in particular, the relationship between European and international law, as well as the vertical and horizontal division of foreign affairs powers.

and Amandine Garde University of Liverpool

This collection of essays looks at the how the European Union regulates lifestyle risks in the field of tobacco, alcohol and unhealthy diets. Written by a distinguished selection of contributors, they examine the various moral, legal, political and philosophical challenges facing the establishment of regulation.

2015 228 x 152 mm 402pp 3 b/w illus.

978-1-107-06342-6 Hardback £75.00 / US$115.00 For all formats available, see

University of Durham

2014 228 x 152 mm 544pp 3 b/w illus. 1 map 8 tables 978-1-107-03766-3 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107037663

www.cambridge.org/9781107063426

Just Satisfaction under the European Convention on Human Rights Octavian Ichim Graduate Institute of International Studies, Geneva

Offers scholars and practitioners the most comprehensive account on the question of reparation before a human rights court and provides a knowledgeable insight and interpretation into the decision-making practices.

2014 228 x 152 mm 410pp 978-1-107-07236-7 Hardback £75.00 / US$115.00 For all formats available, see

www.cambridge.org/9781107072367

Buying Defence and Security in Europe The EU Defence and Security Procurement Directive in Context Martin Trybus University of Birmingham

A critical evaluation of the EU Defence and Security Procurement Directive, now the basis for all entities buying armaments and sensitive goods and services in the EU. This book is an essential overview of a legislative milestone in the field.

2014 228 x 152 mm 580pp 978-1-107-00250-0 Hardback £80.00 / US$130.00 For all formats available, see

www.cambridge.org/9781107002500

A Transatlantic Community of Law Legal Perspectives on the Relationship between the EU and US Legal Orders Edited by Elaine Fahey City University, London

and Deirdre Curtin Universiteit van Amsterdam

This examination of the place of law in contemporary transatlantic relations considers legal perspectives on its emerging institutional characteristics and transatlantic rule-making in trade and security. It includes new sociolegal and empirical research, along with insights from judicial and political practice and established international relations and politics scholars.

2014 228 x 152 mm 349pp 978-1-107-06051-7 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107060517

Liberalization of Trade in Banking Services An International and European Perspective Bart De Meester

Textbook

European Union Internal Market Law Friedl Weiss Universität Wien, Austria

and Clemens Kaupa VU University Amsterdam

This is the market’s most studentfriendly textbook on EU internal market law, covering everything students need to know about the legal and regulatory framework of the internal market.

Numerous features, including text boxes, illustrative boxes, legal interpretations and tables, support student learning.

‘European Union Internal Market Law provides a clear and detailed exploration of one of the key features of EU law and is a very useful addition to the bookshelves of those studying the topic for the first time or at more advanced level.’

Jess Guth, Bradford University Law School

Contents: 1. The internal market; 2. Common framework of the Treaty freedoms; 3. Free movement of goods (Arts 28-37 TFEU); 4. Union citizenship (Arts 18-25 TFEU); 5. Free movement of workers (Arts 45-48 TFEU); 6. Freedom of establishment (Arts 49-55 TFEU); 7. Freedom to provide and receive services (Arts 56-62 TFEU); 8. Free movement of capital and payments (Arts 63-66 TFEU).

2014 247 x 174 mm 360pp 41 tables 978-1-107-03535-5 Hardback £65.00 / US$105.00 978-1-107-63600-2 Paperback £28.99 / US$49.99 For all formats available, see

www.cambridge.org/9781107035355

Textbook

European Union Law Text and Materials Third edition Damian Chalmers London School of Economics and Political Science

Gareth Davies Vrije Universiteit, Amsterdam

and Giorgio Monti

Sidley Austin LLP, Geneva

European University Institute, Florence

This book provides a critical analysis of the oft-made argument that WTO and EU law has excessively limited governments in regulating the market for banking services, with the global financial crisis as a consequence.

The book specifically focuses on the regulation and supervision of thirdcountry banks in the EU.

Updated to reflect the new post-crisis Europe, this market-leading textbook presents the current state of EU institutional law, the internal market and competition law. Retaining the authority, accessibility and critical analysis of previous editions, the new edition will continue to be the preferred choice of European law teachers and students.

2014 228 x 152 mm 407pp 978-1-107-03849-3 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107038493

13

‘This work is essential for a thorough understanding of the central aspects of EU law. It examines the subject critically and accessibly, encourages

eBooks available at www.cambridge.org/ebookstore

14

European law readers to engage with the issues, and helps them understand the workings of the EU legal order. It stimulates engagement with the case law and with the literature on EU Law. It is the clear market leader.’

Laurence Gormley, University of Groningen

Contents: 1. European integration and the Treaty on European Union; 2. The EU institutions; 3. Union law-making; 4. The EU judicial order; 5. The authority of EU law; 6. Fundamental rights; 7. Rights and remedies in national courts; 8. The infringement proceedings; 9. Governance; 10. Judicial review; 11. Citizenship of the Union; 12. EU law and non-EU nationals; 13. Equal opportunities law and policy; 14. EU criminal law; 15. The internal market; 16. Economic and monetary union; 17. The free movement of goods; 18. The free movement of services; 19. The pursuit of an occupation in another member state; 20. Trade restrictions and public goods; 21. EU competition law: function and enforcement; 22. Antitrust and monopolies; 23. State aid law.

2014 246 x 189 mm 1219pp 2 b/w illus. 1 table 978-1-107-66434-0 Paperback £42.00 / US$70.00 For all formats available, see

www.cambridge.org/9781107664340

ideal point of reference and, at the same time, a very handy teaching tool. Without a doubt, this volume will become a classic, a real must have for academics and practitioners dealing with external relations of the European Union.’

Adam Lazowski, University of Westminster

Contents: 1. The European Union as a global legal actor; 2. Instruments of EU external action; 3. Existence of EU external competence; 4. Nature of EU external competence; 5. Scope and choice of EU external competence; 6. The duty of cooperation; 7. EU law and international law; 8. The EU and international institutions; 9. Common commercial policy; 10. EU development policy; 11. Common foreign and security policy; 12. Common security and defence policy; 13. The external dimension of the internal energy market; 14. The external dimension of the area of freedom, security and justice; 15. EU and its neighbours.

2014 246 x 189 mm 626pp 3 b/w illus. 5 tables 978-1-107-03112-8 Hardback £80.00 / US$130.00 978-1-107-68430-0 Paperback £40.00 / US$65.00 For all formats available, see

www.cambridge.org/9781107031128

Transnational Law

Highlight

Rethinking European Law and Legal Thinking Edited by Miguel Maduro

Rethinking the Union of Europe Post-Crisis

European University Institute, Florence

Kaarlo Tuori

Has Integration Gone Too Far? Giandomenico Majone

University of Helsinki

European University Institute, Florence

and Suvi Sankari

Provocative and timely examination of European integration and the specific methods that lead to the ill-fated monetary union.

University of Helsinki

Examination of the effects of law’s denationalisation by placing European law in the context of transnational law.

2014 228 x 152 mm 409pp 4 tables 978-1-107-02831-9 Hardback £75.00 / US$115.00

2014 228 x 152 mm 376pp 978-1-107-06305-1 Hardback £55.00 / US$90.00

For all formats available, see

978-1-107-69479-8 Paperback £21.99 / US$34.99

www.cambridge.org/9781107028319

For all formats available, see

www.cambridge.org/9781107063051

Textbook

EU External Relations Law Text, Cases and Materials Bart Van Vooren ALTIUS, Brussels

and Ramses A. Wessel University of Twente, Enschede, The Netherlands

Major new textbook on the law and practice of EU external relations.

Broad coverage, clear navigation and innovative features throughout.

‘Van Vooren and Wessel wrote an exceptional book. The selection of material as well as its presentation is of very high quality, making it an

Precedents and Case-Based Reasoning in the European Court of Justice Unfinished Business Marc Jacob Shearman & Sterling LLP, Frankfurt

Marc Jacob analyses in depth the most important justificatory and decisionmaking tool of one of the world’s most powerful courts.

2014 228 x 152 mm 351pp 6 b/w illus.

978-1-107-04549-1 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107045491

The International Responsibility of the European Union From Competence to Normative Control Andrés Delgado Casteleiro University of Durham

When is the EU responsible under international law? By examining how different international legal regimes (ILC, UNCLOS, WTO, International Investment Law and the ECHR) hold the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.

Cambridge Studies in European Law and Policy

2015 228 x 152 mm 350pp 978-1-107-09054-5 Hardback c. £65.00 / c. US$99.00 Publication September 2015 For all formats available, see

www.cambridge.org/9781107090545

Brokering Europe Euro-Lawyers and the Making of a Transnational Polity Antoine Vauchez Université de Paris I

This book questions the entanglement between law and EU polity-building, bringing new historical material and new sociological insights into the role lawyers have played in shaping Europe.

Cambridge Studies in European Law and Policy

2015 228 x 152 mm 278pp 3 tables 978-1-107-04236-0 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107042360

European law / Financial law, banking law / Human rights Services Liberalization in the EU and the WTO Concepts, Standards and Regulatory Approaches Marcus Klamert WU Wien (Wirtschaftsuniversität Wien, Vienna University of Business and Economics)

Services are an ever-increasing part of our economy and thus of international trade. EU law and WTO law differ in the way they dismantle barriers to trade set up by states. This book offers an evaluation of the current legal status quo on transnational services provision on a global level.

Cambridge Studies in European Law and Policy

2014 228 x 152 mm 356pp 11 b/w illus.

978-1-107-03459-4 Hardback £80.00 / US$125.00 For all formats available, see

www.cambridge.org/9781107034594

Referendums and the European Union A Comparative Inquiry Fernando Mendez Universität Zürich

Mario Mendez Queen Mary, University of London

and Vasiliki Triga Cyprus University of Technology

How can we account for the rise and diffusion of referendums on European integration? And what is their likely institutional impact on the future of the European integration process?

In addressing these questions, Referendums and the European Union puts forward institutional models for overcoming the EU’s referendum dilemma.

Cambridge Studies in European Law and Policy

The Allocation of Regulatory Competence in the EU Emissions Trading Scheme Josephine van Zeben Swiss Federal University (ETH), Zürich

Analysis of the law and politics of regulatory competence allocation in the European Union Emissions Trading Scheme.

Cambridge Studies in European Law and Policy

2014 228 x 152 mm 280pp 11 b/w illus. 4 tables 978-1-107-04226-1 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107042261

European Union Health Law Themes and Implications Tamara Hervey University of Sheffield

and Jean McHale University of Birmingham

Explains the interactions and implications of EU health law through thematic analysis of key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health.

15

work that greatly contributes to our understanding of this complex body of law.’

Jose Luis Buendia Sierra, Garrigues, Brussels Law in Context

2014 247 x 174 mm 292pp 4 b/w illus. 1 table 978-1-107-06612-0 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107066120

Financial law, banking law The Transformation of Islamic Law in Global Financial Markets Jonathan Ercanbrack School of Oriental and African Studies, University of London

Jonathan Ercanbrack examines the municipal legal systems of the United Kingdom, Bahrain, the United Arab Emirates and the Dubai International Financial Centre in order to illustrate globalisation’s acceleration of legal, economic and social production.

2015 228 x 152 mm 424pp 1 b/w illus.

978-1-107-06150-7 Hardback £80.00 / US$125.00 For all formats available, see

www.cambridge.org/9781107061507

Law in Context

2015 247 x 174 mm 650pp 978-1-107-01049-9 Hardback c. £65.00 / c. US$99.00 Publication July 2015 For all formats available, see

www.cambridge.org/9781107010499

Human rights Counter-Terrorism, Privatisation and Rebuilding Constitutionalism

2014 228 x 152 mm 282pp 32 b/w illus. 10 tables 978-1-107-03404-4 Hardback £60.00 / US$95.00

Public Services in EU Law Wolf Sauter

University College Dublin, School of Law

For all formats available, see

Universiteit van Tilburg, The Netherlands

www.cambridge.org/9781107034044

A comprehensive overview of the EU law on public services (or services of general economic interest). Covering the Treaty itself, general secondary law (such as the Services Directive), and sector specific regimes such as those for energy and electronic communications. Essential reading for those looking for a broader understanding of the subject.

Contemporary counter-terrorism measures are transnational, fragmented and heavily privatised, causing ruptures in the constitutionalist bargain. By bringing together a range of perspectives from law and political science, Fiona De Londras exposes those ruptures and proposes a multidisciplinary approach to restoring constitutionalism.

‘Wolf Sauter offers a refreshing insight into how EU law tackles the key issues relating to public services.

Contrary to other works, where public services are often considered merely as exceptions to certain rules, Sauter places public services firmly at the centre of the analysis. The result is a clear and comprehensive piece of

Fiona de Londras

2015 228 x 152 mm 275pp 978-1-107-02273-7 Hardback c. £65.00 / c. US$99.00 Publication September 2015 For all formats available, see

www.cambridge.org/9781107022737

For regular email alerts visit www.cambridge.org/alerts

16

Human rights Revisiting the Origins of Human Rights Edited by Pamela Slotte University of Helsinki

and Miia Halme-Tuomisaari University of Helsinki

Over the last ten years, revisionists have increasingly challenged the previously accepted narrative of the history of human rights. This book brings together history, law, theology and anthropology scholars in order to revisit the debates.

2015 228 x 152 mm 300pp 2 b/w illus.

978-1-107-10019-0 Hardback c. £65.00 / US$99.99 978-1-107-49436-7 Paperback c. £24.99 / US$39.99 Publication April 2015

Second edition Helen Duffy

For all formats available, see

Interights, London

www.cambridge.org/9781107100190

Measures taken by states in the name of countering terrorism constantly give rise to new international legal issues. Helen Duffy brings the law to life via detailed case studies which show what the war on terror means in practice for affected individuals and for the rule of law more broadly.

2015 228 x 152 mm 450pp 978-1-107-10764-9 Hardback c. £80.00 / c. US$135.00

The Implementation of the Findings of the African Commission on Human and Peoples’ Rights

Publication July 2015

Rachel Murray

For all formats available, see

www.cambridge.org/9781107107649

Caring Autonomy European Human Rights Law and the Challenge of Individualism Katri Lõhmus University of Edinburgh

Caring Autonomy considers the practice of the European Court of Human Rights and argues for a reconceptualisation of autonomy. The present individualistic understanding of autonomy is inadequate as it fails to acknowledge human interdependence and the importance of interpersonal trust and care for the development and practice of autonomy.

University of Bristol

and Debra Long University of Bristol

Virtually nothing has been written on the implementation of the findings of the African Commission on Human and Peoples’ Rights. Drawing upon the conclusions of a four-year research project, this book investigates the extent to which States implement these rulings and examines how that implementation is monitored by others.

2015 228 x 152 mm 304pp 978-1-107-05492-9 Hardback £65.00 / US$99.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107054929

2015 228 x 152 mm 256pp 978-1-107-08177-2 Hardback £69.99 / US$110.00

Essays on Religion and Human Rights

Publication April 2015

Ground to Stand On David Little

For all formats available, see

www.cambridge.org/9781107081772

Berkley Center of Religion, Peace, and International Affairs, Georgetown

Magna Carta, Religion and the Rule of Law

This collection of essays addresses human rights in relation to the historical settings in which its language was drafted and adopted. Featuring five original essays and a foreword by noted religious ethicist John Kelsey, this book is a capstone of the work of this influential writer on religion, philosophy, and law.

Edited by Robin Griffith-Jones Temple Church and King’s College London

and Mark Hill QC Cardiff University

Central to Magna Carta is the concept of the English Church. Law, politics, religion and history all interweave in this examination of the Charter’s religious foundations and their place in Common Law jurisdictions. It invites all religions to ask what contribution they make to today’s secular, democratic rule of law.

Advance praise: ‘Robin Griffith-Jones and Mark Hill QC have assembled a magisterial line-up of thinkers to tease out critical issues around law and religion. Magna Carta, Religion and the Rule of Law is an important book bringing substantial intellectual resources to bear on a key subject for our time; it deserves thoughtful, questioning reading.’

Justin Welby, Archbishop of Canterbury

The ‘War on Terror’ and the Framework of International Law

2015 228 x 152 mm 352pp 978-1-107-07262-6 Hardback £65.00 / US$99.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107072626

2015 228 x 152 mm 1056pp 978-1-107-01450-3 Hardback £100.00 / US$160.00 978-1-107-60172-7 Paperback £50.00 / US$80.00 Publication March 2015 For all formats available, see

www.cambridge.org/9781107014503

Adjudicating Refugee and Asylum Status The Role of Witness, Expertise, and Testimony Edited by Benjamin N. Lawrance Rochester Institute of Technology, New York

and Galya Ruffer Northwestern University, Illinois

An array of legal, biomedical, psychosocial, and social science scholars and practitioners draw upon their experience to offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.

2015 228 x 152 mm 248pp 5 b/w illus.

978-1-107-06906-0 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107069060

Human Dignity The Constitutional Value and the Constitutional Right Aharon Barak Interdisciplinary Center Herzliya

Human dignity is now a central feature of many modern constitutions and international documents. This analytical study of human dignity as both a constitutional value and a constitutional right explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope.

2015 228 x 152 mm 542pp 978-1-107-09023-1 Hardback £60.00 / US$90.00 978-1-107-46206-9 Paperback £27.99 / US$39.99 For all formats available, see

www.cambridge.org/9781107090231

Human rights Human Rights and the Universal Periodic Review Rituals and Ritualism Edited by Hilary Charlesworth Australian National University, Canberra

and Emma Larking Australian National University, Canberra

The Universal Periodic Review is an ambitious development in human rights monitoring. This sustained analysis of the Review, its regulatory power and how it influences the behaviour of states will interest human rights practitioners, socio-legal scholars and anyone concerned about human rights and international relations.

2015 228 x 152 mm 314pp 978-1-107-08630-2 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107086302

Transitional and Retrospective Justice in the Baltic States Eva-Clarita Pettai University of Tartu, Estonia

and Vello Pettai University of Tartu, Estonia

Transitional and Retrospective Justice in the Baltic States offers a new understanding of how post-communist states and societies have come to terms with the repression and injustice of their past regimes. It provides an in-depth overview of these issues in the three Baltic states of Estonia, Latvia and Lithuania.

2014 228 x 152 mm 390pp 6 b/w illus. 13 tables 978-1-107-04949-9 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107049499

A Commentary on the Paris Principles on National Human Rights Institutions Gauthier de Beco Katholieke Universiteit Leuven, Belgium

and Rachel Murray University of Bristol

The Principles relating to the Status of National Institutions (The Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.

2014 228 x 152 mm 208pp 978-1-107-03573-7 Hardback £60.00 / US$95.00 For all formats available, see

www.cambridge.org/9781107035737

Radovan Karadžić

is about the powder-keg of Balkans nationalism, the particular historical moment after the end of the Cold War, and ineffectiveness of international diplomacy. In charting the rise and fall of Karadžić, Donia recounts an eternal story about the populist demagogue who sweeps to power through his tremendous charisma and intellectual ability and is then undone by his own megalomania and self-inflicted injuries. A completely gripping read.’

Richard Ashby Wilson, University of Connecticut, author of Writing History in International Criminal Trials 2014 228 x 152 mm 360pp 8 b/w illus. 6 maps 2 tables 978-1-107-07335-7 Hardback £60.00 / US$90.00 978-1-107-42308-4 Paperback £21.99 / US$32.99 For all formats available, see

www.cambridge.org/9781107073357

Critical Debates on Counter-Terrorism Judicial Review Edited by Fergal F. Davis University of New South Wales, Sydney

and Fiona de Londras University of Durham

Is judicial review an effective and appropriate way to regulate counterterrorism measures? Does the judiciary lack the necessary expertise, or is it a vital safeguard for the principle of constitutionalism? In this book, leading experts explore this debate from a broad range of jurisdictions, from North America, Europe and Australasia.

Architect of the Bosnian Genocide Robert J. Donia

2014 228 x 152 mm 384pp 978-1-107-05361-8 Hardback £70.00 / US$110.00

University of Michigan, Ann Arbor

www.cambridge.org/9781107053618

This book traces Radovan Karadžić’s transformation from an unremarkable family man to the leader of the Bosnian Serb nationalists. Based on previously unused documents and trial transcripts, it argues that postcommunist democracy enabled mass atrocities because it provided the means to mobilize large numbers of Bosnian Serbs for the campaign to eliminate non-Serbs from conquered land.

‘Radovan Karadžić’s prominence as the architect of a bitter war that took over one hundred thousand lives, most of them civilians, and Karadžić’s mercurial and flamboyant personality, make him a compelling subject of a biography. This powerful account

by Dr Robert Donia does what any excellent biography of a political figure ought to do, and that is to tell a larger story through the prism of one key actor. This book is about much more than Radovan Karadžić: it

17

For all formats available, see

Economic and Social Rights after the Global Financial Crisis Edited by Aoife Nolan University of Nottingham

The global financial and economic crises continue to result in austerity-driven cuts to governments’ social programs, and an erosion of social and economic rights.

This is the first book to focus on the interrelationship between contemporary and past economic and financial crises, the responses thereto, and economic and social rights.

‘The link between finance and human rights is one of the great known unknowns of our time. Not even the trauma of the 2007/8 global financial crisis has shaken loose the imperceptibility of this critical intersection. Until now.

Visit our website at www.cambridge.org/academic

18

Human rights With commendable ambition and consummate skill, this book takes on the challenge. Not only has Nolan shown vision by focusing the volume on the impact of the crisis on economic and social rights, she has backed it up by assembling an impressive array of leading thinkers and practitioners in the field to cast light on a matter that is as vitally important as it is fundamentally misunderstood.’

David Kinley, Sydney Law School 2014 228 x 152 mm 410pp 9 b/w illus. 1 table 978-1-107-04325-1 Hardback £70.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107043251

Natural Human Rights A Theory Michael Boylan Marymount University, Virginia

This timely book by internationally regarded scholar of ethics, Michael Boylan, focuses on the history, application and significance of human rights in the West and China. Combining technical argument with four fictional narratives about human rights, the book invites readers to engage with the most important aspects of the discipline.

‘In this important book Boylan the philosopher and Boylan the novelist join forces. By combining fine stories; conceptual, historical, and literary analysis; an extended systematic argument; and pertinent case studies, Boylan successfully develops his theory of universal human rights.

A demonstration of admirable scholarship and a superb addition to philosophy!’

Klaus Steigleder, Ruhr University Bochum, Germany 2014 228 x 152 mm 312pp 2 tables 978-1-107-02985-9 Hardback £60.00 / US$95.00 978-1-107-66421-0 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107029859

The International Law of Migrant Smuggling Anne T. Gallagher and Fiona David Centre for International and Public Law, Australian National University

This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling.

The authors call on their direct experience of working with the United

Nations to chart the development of new international laws.

‘In her award-winning book, The International Law of Human Trafficking, Anne Gallagher created an invaluable reference for policy makers, practitioners and all those working to end impunity for traffickers and secure justice for victims. This volume, The International Law of Migrant Smuggling, is a fitting and timely successor. With precision, clarity and compassion, Gallagher and her coauthor untangle the complex and often misunderstood web of rights, obligations and responsibilities that govern the facilitated movement of irregular migrants across borders.

In so doing they make abundantly clear what States must, may, and may not do when responding to migrant smuggling. Looking ahead, there can be little doubt that migrant smuggling will continue to present a great challenge to the international community. I am confident that this book will make a substantial contribution to advancing constructive dialogue on this difficult, controversial issue.’

William L. Swing, Director General of the International Organization for Migration 2014 228 x 152 mm 794pp 1 b/w illus. 8 tables 978-1-107-01592-0 Hardback £90.00 / US$150.00 For all formats available, see

www.cambridge.org/9781107015920

Corruption, Asset Recovery, and the Protection of Property in Public International Law The Human Rights of Bad Guys Radha Ivory University of Queensland

In returning wealth in grand corruption cases, do states violate the human rights of politically exposed persons or their associates? Analyzing the jurisprudence of key regional human rights tribunals, this book examines the compatibility of cooperative efforts at asset recovery with property and related guarantees in public international law.

2014 228 x 152 mm 403pp 1 table 978-1-107-05850-7 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107058507

Textbook

International Human Rights Law Cases, Materials, Commentary Second edition Olivier De Schutter Université Catholique de Louvain, Belgium

Updated edition includes detailed coverage of substantive human rights, along with new sections on the war on terror and on the progressive realization of economic and social rights. It has a new more student-friendly text design and has retained the features which made the first edition so engaging and accessible.

‘Olivier De Schutter’s International Human Rights Law offers detailed coverage of an increasingly complex legal discipline. Emphasizing the ‘hybrid character of human rights’, the author skillfully relies on comparative material to illustrate the theoretical framework proposed. This course book is not only an impressive compilation of cases, diplomatic documents and comments. With a robust analytical structure, this important collection of material is put in context, stimulating debate and provoking discussion. The textbook constitutes a guide through the domain of international human rights law, its rules, institutions and processes. It brings to light the ‘unique human rights grammar’. [This book] is an essential tool not only for students, but also for scholars and practitioners.

It is a major contribution to the better understanding of a self-contained discipline that is as important as ever.’

Dean Spielmann, President, European Court of Human Rights

Contents: Part I. The Sources: 1. The emergence of international human rights; 2. State responsibility and ‘jurisdiction’; Part II. The Substantive Obligations: 3. The typology of States’ obligations and the obligation to respect human rights; 4. The application of human rights in private relationships and the obligation to protect; 5. The progressive realization of human rights and the obligation to fulfil; 6. Derogations in time of public emergency; 7. The prohibition of discrimination; Part III. The Mechanisms of Protection: 8. Ensuring compliance with international human rights law: the role of national authorities; 9. The United Nations human rights treaties system; 10. The United Nations Charter-based monitoring of human rights; 11. Regional mechanisms of protection.

2014 247 x 174 mm 1052pp 978-1-107-06375-4 Hardback £80.00 / US$130.00 978-1-107-65721-2 Paperback £40.00 / US$69.99 For all formats available, see

www.cambridge.org/9781107063754

Human rights The Law of Refugee Status Second edition James C. Hathaway University of Michigan Law School

2014 228 x 152 mm 311pp 2 b/w illus. 1 table 978-1-107-05457-8 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107054578

and Michelle Foster University of Melbourne

A must-read for every lawyer, judge and official engaged in refugee protection, and for scholars of refugee law. Building on the strong critical focus and human rights orientation of the first edition, this is a comprehensive and global analysis of the central question in asylum law: who is a refugee?

2014 247 x 174 mm 773pp 978-1-107-01251-6 Hardback £100.00 / US$160.00 978-1-107-68842-1 Paperback £40.00 / US$60.00 For all formats available, see

www.cambridge.org/9781107012516

The Anatomy of Human Rights in Israel Constitutional Rhetoric and State Practice Assaf Meydani The Academic College of Tel Aviv

Examines human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights. It explains the processes through which Israel is struggling to promote human rights within a specific institutional environment, thus determining the future of Israeli democracy and its attitude toward human rights.

‘The book is a significant attempt at a nonpartisan intervention in an important but highly contentious discussion. Meydani argues that the problems of implementing human rights in contemporary Israel are rooted in a systematic problem of nongovernability, a fundamentally nonliberal political culture, and a general orientation towards shortterm, goal-oriented legal and judicial solutions. Making effective use of a wide variety of case studies (including torture, gender segregation, the security fence, organ transplants, and the failure to create a human rights commission) Meydani depicts an Israel that is structurally unable to implement fully its human rights obligations – yet remains deeply if imperfectly committed to struggling to do so.’

Jack Donnelly, Andrew Mellon Professor, Josef Korbel School of International Studies, University of Denver

The Meanings of Rights The Philosophy and Social Theory of Human Rights Edited by Costas Douzinas Birkbeck College, University of London

and Conor Gearty London School of Economics and Political Science

Leading intellectuals examine the theory of rights from philosophical, theological, historical, literary and political perspectives.

2014 228 x 152 mm 368pp 978-1-107-02785-5 Hardback £60.00 / US$95.00 978-1-107-67959-7 Paperback £22.99 / US$36.99 For all formats available, see

www.cambridge.org/9781107027855

Redefining Human Rights in the Struggle for Peace and Development Terrence E. Paupp Council on Hemispheric Affairs, Washington DC

Examines the history of the struggle to advance human rights and provides a global framework of constitutional protections to implement these rights.

2014 228 x 152 mm 577pp 60 tables 978-1-107-04715-0 Hardback £75.00 / US$115.00 978-1-107-66931-4 Paperback £27.99 / US$44.99 For all formats available, see

www.cambridge.org/9781107047150

19

Key Reference

The Cambridge Handbook of Human Dignity Interdisciplinary Perspectives Edited by Marcus Düwell Universiteit Utrecht, The Netherlands

Jens Braarvig Universitetet i Oslo

Roger Brownsword King’s College London

and Dietmar Mieth Eberhard-Karls-Universität Tübingen, Germany

A multidisciplinary exploration of the concept of human dignity in relation to a range of questions, topics, contexts and cultures.

2014 228 x 152 mm 629pp 978-0-521-19578-2 Hardback £90.00 / US$145.00 For all formats available, see

www.cambridge.org/9780521195782

Disability and the Good Human Life Edited by Jerome E. Bickenbach Universität Luzern, Switzerland

Franziska Felder Universität Zürich

and Barbara Schmitz Universität Basel, Switzerland

These original essays focus on fundamental issues and practical implications of the relationship between disability and the good human life.

Cambridge Disability Law and Policy Series

2014 228 x 152 mm 337pp 978-1-107-02718-3 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107027183

Domestic Politics and International Human Rights Tribunals The Problem of Compliance Courtney Hillebrecht University of Nebraska, Lincoln

Brings together theories of compliance from international law, human rights, and international relations to explain the increasingly important phenomenon of states’ compliance with human rights tribunals’ rulings.

Cambridge Studies in International and Comparative Law, 104

2014 228 x 152 mm 208pp 3 b/w illus. 13 tables 978-1-107-04022-9 Hardback £55.00 / US$90.00 For all formats available, see

www.cambridge.org/9781107040229

eBooks available at www.cambridge.org/ebookstore

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Human rights / Humanitarian law, law of armed conflict Religious Offence and Human Rights The Implications of Defamation of Religions Lorenz Langer Universität Zürich

Projecting religious offence on a global scale has become tantalisingly easy.

While Salman Rushdie had to write a voluminous novel to prompt worldwide outrage, his lesser epigones can content themselves with caricatures or videoclips on the internet. But should global outrage also entail global sanctions?

Should international law prohibit blasphemy?

Cambridge Studies in International and Comparative Law, 106

2014 228 x 152 mm 462pp 2 b/w illus.

978-1-107-03957-5 Hardback £75.00 / US$115.00 For all formats available, see

www.cambridge.org/9781107039575

Responsibility for Human Rights Transnational Corporations in Imperfect States David Jason Karp University of Sussex

An original analysis of which global actors are responsible for human rights in today’s world and why.

The Contentious History of the International Bill of Human Rights Christopher N. J. Roberts University of Minnesota Law School

Christopher N. J. Roberts traces contemporary conflicts about the definition of human rights back to their inception and shows how more than a half century ago, a series of contradictions worked their way into the International Bill of Human Rights, the foundation of the modern system of human rights.

Advance praise: ‘This book is simply splendid.

The Contentious History of the International Bill of Human Rights tackles an issue of tremendous importance today and powerfully demonstrates how the legacies of past injustice are still with us, still shaping international law. It is deeply researched, beautifully written, surprising, devastating. It deserves to make a substantial impact among human rights scholars across the disciplines and carries important lessons for human rights activists as well.’

Elizabeth S. Anderson, Arthur F. Thurnau Professor, John Rawls Collegiate Professor of Philosophy and Women’s Studies, University of Michigan

Cambridge Studies in International Relations, 130

Cambridge Studies in Law and Society

2014 228 x 152 mm 215pp 3 tables 978-1-107-03788-5 Hardback £55.00 / US$90.00

2015 228 x 152 mm 264pp 5 b/w illus.

978-1-107-01463-3 Hardback £55.00 / US$99.00

For all formats available, see

978-1-107-60163-5 Paperback £19.99 / US$32.99

www.cambridge.org/9781107037885

Nadera Shalhoub-Kevorkian Hebrew University of Jerusalem

Nadera Shalhoub-Kevorkian offers new insights into the everyday production of security, surveillance and its industry of fear in settler colonial contexts by building on the voices of those living in one of the world’s longest-standing conflict zones: Israel/Palestine.

Cambridge Studies in Law and Society

2015 228 x 152 mm 240pp 2 tables 978-1-107-09735-3 Hardback £65.00 / US$99.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107097353

A History Edited by Heide Fehrenbach Northern Illinois University

and Davide Rodogno The Graduate Institute of Geneva

The first book to investigate how humanitarian photography – the mobilization of photography in the service of humanitarian initiatives across state boundaries – emerged and how it operated in diverse political and social contexts, bringing together more than a dozen scholars working on the history of humanitarianism, international and nongovernmental organizations, and visual culture.

Advance praise: ‘This beautifully edited volume shows how absolutely central visual culture must be to our understanding of modern humanitarianism. Whether on atrocity, famine, or genocide, these essays explore photography’s enduring power to shape the moral and political dynamics of international crises.’

J. P. Daughton, Stanford University Human Rights in History

2015 228 x 152 mm 354pp 60 b/w illus.

978-1-107-06470-6 Hardback £65.00 / US$99.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107064706

www.cambridge.org/9781107014633

Humanitarian law, law of armed conflict

The Experiences of Face Veil Wearers in Europe and the Law

Inducing Compliance with International Humanitarian Law

Publication February 2015

Security Theology, Surveillance and the Politics of Fear

Humanitarian Photography

For all formats available, see

Edited by Eva Brems Universiteit Gent, Belgium

This groundbreaking work outlines the findings of the first empirical studies of the experiences of women who wear the Islamic face veil across Europe. Expert scholars subsequently engage with the findings and explore their impact on the wider debate surrounding the veil and efforts to ban it.

Cambridge Studies in Law and Society

2014 228 x 152 mm 321pp 5 b/w illus. 1 table 978-1-107-05830-9 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107058309

Lessons from the African Great Lakes Region Edited by Heike Krieger Freie Universität Berlin

This book explores and evaluates methods for inducing compliance with international humanitarian law, by states and non-state actors, including armed groups, NGOs and the UN Security Council. The authors examine what lessons can be learned in particular from the African Great Lakes region.

2015 228 x 152 mm 600pp 6 b/w illus. 8 tables 978-1-107-10205-7 Hardback c. £80.00 / c. US$135.00 Publication June 2015 For all formats available, see

www.cambridge.org/9781107102057

Humanitarian law, law of armed conflict Human Rights in Armed Conflict Law, Practice, Policy Gerd Oberleitner Karl-Franzens-Universität Graz, Austria

This book revisits, organizes and contextualizes the debate on human rights in armed conflict from a historic as well as a contemporary perspective.

It considers and explores the legal challenges, practical consequences and policy implications of resorting to human rights in situations of armed conflict.

2015 247 x 174 mm 416pp 978-1-107-08754-5 Hardback £109.99 / US$174.99 Publication February 2015 For all formats available, see

www.cambridge.org/9781107087545

The Ethics of Insurgency A Critical Guide to Just Guerrilla Warfare Michael L. Gross University of Haifa, Israel

The Ethics of Insurgency explains how guerrillas who pursue national selfdetermination may justly utilize many unlawful practices of war as long as they target military objectives, respect the rights of noncombatants and reject terrorism.

Advance praise: ‘The Ethics of Insurgency brings conceptual clarity to a vexed area of military ethics: the ethical permissibility of tactic used by weaker military forces against much stronger, usually state, militaries. It is a provocative and comprehensive exploration of a very complex issue.

A valuable contribution to just war scholarship.’

Martin L. Cook, Stockdale Chair of Professional Military Ethics, United States Naval War College, Newport, Rhode Island 2015 228 x 152 mm 320pp 2 maps 6 tables 978-1-107-01907-2 Hardback £55.00 / US$90.00 978-1-107-68464-5 Paperback £19.99 / US$32.99 Publication February 2015 For all formats available, see

www.cambridge.org/9781107019072

Highlight

A Right to Flee

Drone Wars

Refugees, States, and the Construction of International Cooperation Phil Orchard

Transforming Conflict, Law, and Policy Edited by Peter L. Bergen New America Foundation

and Daniel Rothenberg Arizona State University

Drone Wars presents a series of essays that is a diverse and comprehensive interdisciplinary perspective on drones.

It covers important debates on targeted killing and civilian casualties, presents key data on drone deployment, and offers new ideas on their historical development, significance, and impact on law and policy.

Advance praise: ‘An essential anthology delving into the raging debate over the use of drones in the endless war on terror, covering all the angles – political, legal, moral, military – with impressive scope and judicious balance.’

Fred Kaplan, author of The Insurgents: David Petraeus and the Plot to Change the American Way of War 2015 228 x 152 mm 512pp 6 b/w illus. 2 tables 978-1-107-02556-1 Hardback £60.00 / US$95.00 978-1-107-66338-1 Paperback £22.99 / US$34.99 Publication February 2015 For all formats available, see

www.cambridge.org/9781107025561

Humanitarian Action Global, Regional and Domestic Legal Responses Edited by Andrej Zwitter Rijksuniversiteit Groningen, The Netherlands

Christopher K. Lamont Rijksuniversiteit Groningen, The Netherlands

Hans-Joachim Heintze Ruhr-Universität, Bochum, Germany

and Joost Herman Rijksuniversiteit Groningen, The Netherlands

The laws governing humanitarian action stand at the intersection of several fields of international law, regional agreements, soft law, and domestic law. Through in-depth case studies and analysis, expert scholars and practitioners shed light on the subject, and make sense of the various elements involved.

2014 228 x 152 mm 619pp 7 b/w illus. 1 table 978-1-107-05353-3 Hardback £90.00 / US$150.00 For all formats available, see

www.cambridge.org/9781107053533

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University of Queensland

Why do states protect refugees even if it may appear to be against their interests? This book argues that both interests and collectively held normative understandings are critical for understanding how state practices in refugee protection have emerged and changed from the seventeenth century to the present day.

‘An outstanding contribution to both refugee studies and international relations, A Right to Flee masterfully unpacks the deeper historical structures that explain how patterns of international cooperation endure and adapt.’

Alexander Betts, University of Oxford 2014 228 x 152 mm 310pp 11 b/w illus. 6 tables 978-1-107-07625-9 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107076259

Contemporary Challenges to the Laws of War Essays in Honour of Professor Peter Rowe Edited by Caroline Harvey James Summers Lancaster University

and Nigel D. White University of Nottingham

The laws of war are facing new challenges from emerging technologies and changing methods of warfare, as well as the growth of human rights and international criminal law. In this book, leading experts in the field examine what these key issues mean for the future of international humanitarian law.

2014 228 x 152 mm 396pp 1 b/w illus.

978-1-107-06355-6 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107063556

Torture, Power, and Law David Luban Georgetown University, Washington DC

Philosopher and legal ethicist David Luban is one of the leading US voices in the torture debate. This volume brings together his most important writings on torture and executive power and includes two new essays which analyze what torture is and discuss the Obama

Visit our website at www.cambridge.org/academic

22

Humanitarian law, law of armed conflict administration’s failure to hold torturers accountable.

Srebrenica in the Aftermath of Genocide

‘David Luban has written over the past decade an extraordinarily compelling set of philosophical, legal (and simply human) reflections on what has unfortunately become a defining issue – torture. He raises crucial questions not only about the role of lawyers in legitimizing indefensible practices, but also about broader aspects of moral argument, especially the common practice of relying on ‘extreme cases’ and ‘brainteasers’ as alternatives to confronting more mundane (and horrific) realities. The book therefore promises to be important even after that happy day when torture has indeed been eliminated from the world.’

Lara J. Nettelfield

Sanford Levinson, University of Texas, Austin 2014 228 x 152 mm 320pp 978-1-107-05109-6 Hardback £55.00 / US$85.00 978-1-107-65629-1 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107051096

Non-International Armed Conflicts in International Law Yoram Dinstein Tel-Aviv University

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating hostilities, the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing, the interface with the law of human rights and war crimes.

2014 228 x 152 mm 294pp 978-1-107-05034-1 Hardback £70.00 / US$115.00 978-1-107-63375-9 Paperback £30.00 / US$49.99 For all formats available, see

www.cambridge.org/9781107050341

Royal Holloway, University of London

and Sarah E. Wagner George Washington University, Washington DC

This book traces the reverberations of genocide, forced displacement, and a legacy of loss in Bosnia and abroad.

ENMISA Distinguished Book Award, International Studies Association 2015 – Honourable mention 2014 228 x 152 mm 442pp 34 b/w illus. 6 tables 978-1-107-00046-9 Hardback £75.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107000469

practitioners and for scholars of international humanitarian law. I will return to it again and again.’

Tim McCormack, Melbourne Law School, and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court Cambridge Studies in International and Comparative Law, 107

2014 228 x 152 mm 368pp 978-1-107-06069-2 Hardback £70.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107060692

Legitimate Targets?

Social Construction, International Law and US Bombing Janina Dill University of Oxford

The Sierra Leone Special Court and its Legacy The Impact for Africa and International Criminal Law Edited by Charles Chernor Jalloh University of Pittsburgh, School of Law

This book assesses the impact and legacy of the Special Court for Sierra Leone for Africa and international criminal law.

2014 253 x 177 mm 824pp 15 b/w illus. 2 tables 978-1-107-02914-9 Hardback £100.00 / US$160.00 For all formats available, see

www.cambridge.org/9781107029149

Judges, Law and War The Judicial Development of International Humanitarian Law Shane Darcy National University of Ireland, Galway

Judicial bodies, in particular international tribunals, have made a profound contribution to the development of international humanitarian law. Shane Darcy provides an engaging and thoughtful analysis of the judicial role in clarifying and elaborating the law of armed conflict.

‘The significance of judicial decisionmaking to the development of law should never be ignored. In this comprehensive and compelling account, Shane Darcy demonstrates just how profound the influence of judicial decisions has been on the development of international humanitarian law. He mines a rich source of jurisprudence from international courts and tribunals as well as from domestic courts – from the aftermath of the Second World War right through to the date of publication. This is a ‘must read’ for

Legitimate Targets? examines the different ‘logics’ of waging war which are demanded by strategic military considerations, international law, and contemporary moral standards. Dill’s analysis explains the connections between legality, morality and strategy on the twenty-first-century battlefield.

This book will appeal to scholars in international relations, international law and ethics.

‘Why do states obey international law? How and why do the laws of war constrain state behavior?

Legitimate Targets explores the tensions, dilemmas, and power of international humanitarian law to shape the practice of war. This tour de force – rooted in insightful readings of military doctrine, international law, the practice of war, and dozens of interviews with military professionals – is a brilliant synthesis that will enable students of war to understand how and why the nature of war is changing.’

Neta C. Crawford, Boston University, author of Accountability for Killing: Moral Responsibility for Collateral Damage in America’s Post-9/11 Wars Cambridge Studies in International Relations, 133

2014 228 x 152 mm 385pp 978-1-107-05675-6 Hardback £55.00 / US$90.00 978-1-107-69486-6 Paperback £19.99 / US$34.99 For all formats available, see

www.cambridge.org/9781107056756

Humanitarian law, law of armed conflict / Intellectual property Small Arms Survey 2014 Women and Guns Small Arms Survey, Geneva Graduate Institute of International and Development Studies, Switzerland

This volume considers women in the context of armed violence, security, and the small arms agenda. Additional chapters discuss the Arms Trade Treaty, the authorised small arms trade, ammunition in Africa and the Middle East, insurgent weapons in Sudan and South Sudan, and crime gun records in the United States.

‘In words and images, the Small Arms Survey 2014, with its usual analytical rigour, helps us understand the latest developments – and future possibilities – in arms control, peace, and security. I have no hesitation recommending it to all those interested in these vital topics.’

Angela Kane, United Nations High Representative for Disarmament Affairs Small Arms Survey

and the rights of refugees; 4. The hungry and the sick: Herbert Hoover, the Russian famine, and the professionalization of humanitarian aid; 5. Humanitarianism old and new: Eglantyne Jebb and children’s rights; Conclusion: human dignity: from humanitarian rights to human rights; Bibliographical essay; Bibliography.

Studies in the Social and Cultural History of Modern Warfare

2014 228 x 152 mm 400pp 978-1-107-02062-7 Hardback £55.00 / US$85.00 978-1-107-60483-4 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107020627

Intellectual property Perspectives on Patentable Subject Matter

the legality/illegality and the social reception of it.

2014 234 x 156 mm 338pp 978-1-107-06543-7 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107065437

Intellectual Property at the Edge The Contested Contours of IP Edited by Rochelle Cooper Dreyfuss New York University

and Jane C. Ginsburg Columbia University, New York

Intellectual Property at the Edge provides a basis for the study of newly emerging intellectual property rights and defences, their history and their impact on creativity. It examines these developments comparatively: for each new development, scholars in two jurisdictions trace the evolution of the new legal norm.

Cambridge Intellectual Property and Information Law, 22

2014 228 x 152 mm 488pp 7 b/w illus.

978-1-107-03400-6 Hardback £80.00 / US$130.00

2014 246 x 189 mm 288pp 70 b/w illus. 7 maps 39 tables 978-1-107-04197-4 Hardback £55.00 / US$95.00

Edited by Michael B. Abramowicz

978-1-107-66177-6 Paperback £19.99 / US$34.99

and F. Scott Kieff

For all formats available, see

Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law.

Employing approaches that are both theoretically rigorous and grounded in the real world, this book answers the basic question about which types of subject matter are eligible for patent protection.

Emerging Challenges in Privacy Law

2014 228 x 152 mm 431pp 18 b/w illus. 23 tables 978-1-107-07091-2 Hardback £80.00 / US$125.00

Monash University, Victoria

www.cambridge.org/9781107041974

Textbook

The Great War and the Origins of Humanitarianism, 1918–1924 Bruno Cabanes Yale University, Connecticut

Pioneering study of the transition from war to peace and the birth of humanitarian rights after the Great War. ‘We are accustomed to thinking about international law as the creature of realist geopolitics. Cabanes shows how international and transnational humanitarian activism helped build international law ‘from below’, in response to basic human needs.

His book constitutes an important investigation of the long-run impact of the idealism rising out of the ashes of the Great War.’ Leonard V. Smith, Oberlin College

Contents: Introduction: human disasters: humanitarian rights and the transnational turn in the wake of the First World War; 1. ‘Rights, not charity’: René Cassin and war victims; 2. Justice and peace: Albert Thomas, the ILO and the dream of a transnational politics of social rights; 3. The tragedy of being stateless: Fridtjof Nansen

George Washington University School of Law

James E. Daily Stanford University Hoover Institute

23

For all formats available, see

www.cambridge.org/9781107034006

George Washington University School of Law

For all formats available, see

www.cambridge.org/9781107070912

Piracy in the Indian Film Industry Copyright and Cultural Consonance Arul George Scaria

Comparative Perspectives Edited by Normann Witzleb Monash University, Victoria

David Lindsay Monash University, Victoria

Moira Paterson Monash University, Victoria

and Sharon Rodrick

Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Cambridge Intellectual Property and Information Law, 23

2014 228 x 152 mm 470pp 978-1-107-04167-7 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107041677

Université Catholique de Louvain, Belgium

This book takes a comprehensive and interdisciplinary approach by engaging in participatory research with different intellectual communities to understand the divergent perspectives surrounding piracy in India. This novel study travels through an important, yet neglected dimension of law: the interface between

For regular email alerts visit www.cambridge.org/alerts

24

Intellectual property Internet Privacy Rights Rights to Protect Autonomy Paul Bernal University of East Anglia

What rights to privacy do we have on the internet, and how can we make them real?

Cambridge Intellectual Property and Information Law, 24

2014 228 x 152 mm 328pp 1 b/w illus.

978-1-107-04273-5 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107042735

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.

Cambridge Intellectual Property and Information Law, 25

2014 228 x 152 mm 260pp 978-1-107-05533-9 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107055339

The Evolution and Equilibrium of Copyright in the Digital Age Edited by Susy Frankel Victoria University of Wellington

Law and Creativity in the Age of the Entertainment Franchise Edited by Kathy Bowrey University of New South Wales, Sydney

and Michael Handler University of New South Wales, Sydney

Much of the value in the entertainment industry today lies in franchises – fictional universes, entertainment concepts, reinventions of cultural traditions and celebrity – that create an ongoing marketplace presence.

This book explores how artists, owners and entrepreneurs stretch IP laws to commercialise ‘creativity’, and the impact of these developments.

‘This rich collection details the complex, dispersed collaboration involved in the development of successful entertainment ‘franchises’ – arguably among the most powerful modes of creative production today.

The ten essays depart from the kind of narrow, doctrine-driven scholarship that proliferates in mainstream IP publications to offer models of genuinely significant IP research. The essays extend and deepen critical scrutiny of such key concepts in IP law as creative ‘authorship’ and original ‘work’, and address the neglected topic of the institutional management of creative output.’

Martha Woodmansee, Case Western Reserve University, Cleveland Cambridge Intellectual Property and Information Law, 27

2014 228 x 152 mm 255pp 2 b/w illus. 2 maps 978-1-107-03989-6 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107039896

and Daniel Gervais Vanderbilt University, Tennessee

Copyright must evolve to support the opportunities and demands of the digital age, while balancing the interests of authors, owners, intermediaries and users of all types (including libraries, researchers and creators). This book contributes to the copyright debate and provides pathways for a structured policy discussion on copyright reform.

Cambridge Intellectual Property and Information Law, 26

2014 228 x 152 mm 338pp 7 b/w illus.

978-1-107-06256-6 Hardback £75.00 / US$120.00

The British Patent System during the Industrial Revolution 1700–1852 From Privilege to Property Sean Bottomley Université de Toulouse 1 Capitole

By radically expanding the evidential base, The British Patent System during the Industrial Revolution 1700–1852 establishes that the availability of enforceable patent rights helped to encourage the development and

diffusion of technology during the eighteenth and nineteenth centuries.

Cambridge Intellectual Property and Information Law, 28

2014 228 x 152 mm 336pp 4 b/w illus. 7 tables 978-1-107-05829-3 Hardback £75.00 / US$125.00 For all formats available, see

www.cambridge.org/9781107058293

Test Tubes for Global Intellectual Property Issues Small Market Economies Susy Frankel Victoria University of Wellington

Small market economies provide a unique insight into balancing competing interests in global intellectual property.

As developed countries and netimporters of intellectual property, such economies can have similar concerns to some developing countries. Susy Frankel uses examples drawn from small market economies to explore global intellectual property issues.

Advance praise: ‘This book provides a neatly sustained analysis of how small market economies have creatively exercised sovereign discretion to maneuver within the international intellectual property system. Professor Frankel offers a compelling analysis of what countries can and should consider doing to effectuate the public policy goals of the intellectual property system in the domestic context.

Importantly, it carves out necessary intellectual space to underscore how countries may ably advance human welfare goals in the context of the IP and trade nexus. She challenges strongly held assumptions about the system’s rigidity, and offers new insights about the prospects of re-framing the global debate over the role of international intellectual property in promoting cultural and economic development.

Her arguments, grounded in the careful experiments of small market economies, make a solid case for normative flexibility. It is a must-read for scholars and policymakers.’

Ruth Okediji, William L. Prosser Professor of Law, University of Minnesota Cambridge Intellectual Property and Information Law, 29

For all formats available, see

2015 228 x 152 mm 240pp 978-1-107-01314-8 Hardback £69.99 / US$110.00

www.cambridge.org/9781107062566

Publication April 2015 For all formats available, see

www.cambridge.org/9781107013148

International economic and trade law, WTO law

International economic and trade law, WTO law A History of Law and Lawyers in the GATT/WTO The Development of the Rule of Law in the Multilateral Trading System Edited by Gabrielle Z. Marceau World Trade Organization

Foreword by Roberto Azevêdo World Trade Organization

Bringing together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, this book is a unique exploration of the development of the rule of the law in the multilateral trading system.

2015 228 x 152 mm 632pp 31 b/w illus. 3 tables 978-1-107-08523-7 Hardback £95.00 / US$150.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107085237

International Economic Law after the Global Crisis A Tale of Fragmented Disciplines Edited by C. L. Lim The University of Hong Kong

and Bryan Mercurio

Interpreting WTO Agreements Problems and Perspectives Second edition Asif H. Qureshi Korea University, Seoul

Qureshi identifies the underlying problems of interpreting WTO agreements, and examines the conditions for the interpretation of these agreements. This second edition addresses the legislative developments and updates the case law. Also included is a new section on issues of interpretation relating to preferential trade agreements and the WTO. ‘Written with clarity and precision by one of the world’s foremost international trade law scholars, the second edition provides even broader and deeper insights than its predecessor into the interpretation of WTO texts. Special virtues of this edition include great care paid to the impact on poor countries of WTO adjudications, and placement of those outcomes in wider economic and political contexts. Students, scholars, and practitioners will find time spent with this new edition both enlightening and productive.’

Université de Strasbourg

The Anti-Counterfeiting Trade Agreement (ACTA) is the most important effort undertaken to lay down a plurilateral legal framework for the enforcement of intellectual property rights. In this book, experts analyse the context and the content of the agreement and its relation with ongoing initiatives to improve enforcement of intellectual property.

2014 228 x 152 mm 472pp 978-1-107-07012-7 Hardback £80.00 / US$125.00 For all formats available, see

www.cambridge.org/9781107070127

The Rule of Law in Monetary Affairs World Trade Forum Edited by Thomas Cottier Universität Bern, Switzerland Queen Mary, University of London

and Christian Tietje

For all formats available, see

Edited in association with Lucia Satragno

www.cambridge.org/9781107043299

Universität Bern, Switzerland

The Purpose, Design and Effects of Preferential Trade Agreements Edited by Andreas Dür and Manfred Elsig

www.cambridge.org/9781107075696

and Xavier Seuba

Martin Luther-Universität Halle-Wittenberg, Germany

Discusses a broad range of legal and regulatory instruments and legal regimes, looking at emerging issues facing the international economic law system after the global financial crisis.

The book demonstrates that this has been essentially a fragmented and multifocal system of international economic regulation.

For all formats available, see

International Centre for Trade and Sustainable Development

2015 228 x 152 mm 476pp 1 table 978-1-107-04329-9 Hardback £80.00 / US$130.00

Universität Salzburg

Publication April 2015

Genesis and Aftermath Edited by Pedro Roffe

Rosa M. Lastra

The Chinese University of Hong Kong

2015 228 x 152 mm 576pp 7 tables 978-1-107-07569-6 Hardback £85.00 / US$135.00

The ACTA and the Plurilateral Enforcement Agenda

Raj Bhala, Associate Dean for International and Comparative Law, and Rice Distinguished Professor, University of Kansas

Trade Cooperation

Universität Bern, Switzerland

Countries across the globe are scrambling to sign preferential trade agreements. In this volume, leading political scientists, economists and international lawyers take stock of past and current research on these agreements in order to provide insights into their functions and effects and outline the future research agenda.

2015 228 x 152 mm 526pp 52 b/w illus. 59 tables 978-1-107-08387-5 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107083875

25

Tracking current debates around monetary policy and its impact on the global economy, The Rule of Law in Monetary Affairs examines the potential of law to contribute to international monetary stability and identifies links with the international investment and trading systems.

2014 228 x 152 mm 656pp 5 b/w illus. 1 map 7 tables 978-1-107-06363-1 Hardback £85.00 / US$135.00 For all formats available, see

www.cambridge.org/9781107063631

Key Reference

WTO Appellate Body Repertory of Reports and Awards 1995–2013 Fifth edition With contributions by Appellate Body Secretariat, World Trade Organization

The fifth edition of the WTO Appellate Body Repertory of Reports and Awards (the ‘Repertory’) serves first and foremost as a source of information

eBooks available at www.cambridge.org/ebookstore

26

International economic and trade law, WTO law for those interested in the field of international trade law and international dispute settlement. Initially developed as an internal research tool to assist the Appellate Body Secretariat in carrying out its duty to provide legal support to Appellate Body Members, the Repertory has become a practical tool for officials from WTO Member States, and in particular for Members (including developing-country Members) that may not have the resources to prepare a similar compendium in-house. The Repertory is also a useful publication for academics, students, private practitioners, trade officials and other followers of international trade law and international dispute settlement.

Minilateralism

2014 247 x 174 mm 2192pp 978-1-107-05972-6 2 Volume Set £260.00 / US$415.00

‘Chris Brummer’s core message is that multilateralism is giving way to minilateralism. As the era of American hegemony draws to a close and as the institutions that once dominated the multilateral era (the WTO, the World Bank and the IMF) find themselves constrained by a more complex environment, new institutions and smaller networks are developing, much as the first small, furry mammals quietly appeared at the end of the Age of Dinosaurs. Brummer incisively connects the dots between financial, trade and monetary regulation, charting the growth of these new bodies. … This is an eye-opening and elegantly written tour, as history and economics interact, new institutions evolve, and soft law seeks to hold the new networks together.’

For all formats available, see

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Textbook

International Law Cases and Materials with Australian Perspectives Second edition Donald Rothwell Australian National University, Canberra

Stuart Kaye University of Wollongong, New South Wales

Afshin Akhtarkhavari Griffith University, Queensland

and Ruth Davis University of Wollongong, New South Wales

International Law: Cases and Materials with Australian Perspectives is the authoritative textbook for Australian international law students. Written by a team of experts, it examines how international law is developed, implemented and interpreted, and features comprehensive commentary throughout.

How Trade Alliances, Soft Law and Financial Engineering are Redefining Economic Statecraft Chris Brummer Georgetown University Law Center

Multilateral organizations dominated during the past half century, but no longer monopolize economic affairs.

Countries are resorting to ‘minilateral’ strategies like trade alliances, informal ‘soft law’ agreements, and financial engineering to manage the global economy. This book explains how these strategies work and how this new diplomatic toolbox will reshape how countries do business with one another.

John C. Coffee, Jr, Adolf A. Berle Professor of Law and Director of the Center on Corporate Governance, Columbia Law School 2014 228 x 152 mm 228pp 4 b/w illus. 3 tables 1 exercise 978-1-107-05314-4 Hardback £50.00 / US$80.00

WTO Domestic Regulation and Services Trade Putting Principles into Practice Edited by Aik Hoe Lim World Trade Organization, Geneva

and Bart De Meester Sidley Austin LLP, Geneva

Innovative, interdisciplinary, practitioneroriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.

2014 228 x 152 mm 394pp 15 b/w illus.

978-1-107-06235-1 Hardback £65.00 / US$110.00 978-1-107-63534-0 Paperback £35.00 / US$58.99 For all formats available, see

www.cambridge.org/9781107062351

Bilateral and Regional Trade Agreements Case Studies Edited by Simon Lester WorldTradeLaw.net LLC

and Bryan Mercurio The Chinese University of Hong Kong

This volume is a comprehensive study of bilateral and regional trade agreements.

Bilateral and Regional Trade Agreements

2009 247 x 174 mm 262pp 2 tables 978-0-521-87828-9 Hardback £99.99 / US$159.99 For all formats available, see

www.cambridge.org/9780521878289

WTO Disciplines on Subsidies and Countervailing Measures

For all formats available, see

Balancing Policy Space and Legal Constraints Dominic Coppens

Contents: 1. The nature of international law; 2. Sources of international law; 3. Law of treaties; 4. International and municipal law; 5. International legal personality; 6. Sovereignty over territory; 7. Jurisdiction; 8. State responsibility; 9. Human rights; 10. Law of the sea; 11. International environmental law; 12. Use of force; 13. Enforcement of international law; 14. The peaceful settlement of international disputes.

www.cambridge.org/9781107053144

Sidley Austin LLP, Geneva

2014 247 x 170 mm 800pp 978-1-107-69119-3 Paperback £99.00 / US$149.95

This book introduces the idea of policy space as an innovative way to reframe recent developments in global governance.

For all formats available, see

www.cambridge.org/9781107691193

978-1-107-67856-9 Paperback £18.99 / US$29.99

Linking Global Trade and Human Rights New Policy Space in Hard Economic Times Edited by Daniel Drache York University, Toronto

and Lesley A. Jacobs York University, Toronto

2014 228 x 152 mm 408pp 20 b/w illus.

978-1-107-04717-4 Hardback £70.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107047174

Academics, policy makers and staff of international institutions will all be intrigued by this legal analysis of the complex WTO rules on subsidies and the discussion of whether these rules overly confine governments’ policy space to pursue legitimate objectives, such as economic development, environmental protection, and recovery in times of crisis.

Cambridge International Trade and Economic Law, 12

2014 228 x 152 mm 696pp 6 b/w illus.

978-1-107-01477-0 Hardback £90.00 / US$150.00 For all formats available, see

www.cambridge.org/9781107014770

International economic and trade law, WTO law General Interests of Host States in International Investment Law

or studying global governance and the WTO regime.

should provide a higher or lower level of protection than they currently do.

Cambridge International Trade and Economic Law, 16

Cambridge Studies in International and Comparative Law, 110

Università Commerciale Luigi Bocconi, Milan

2014 228 x 152 mm 324pp 978-1-107-06782-0 Hardback £80.00 / US$125.00

2014 228 x 152 mm 432pp 978-1-107-04241-4 Hardback £75.00 / US$120.00

With Pia Acconci

For all formats available, see

For all formats available, see

www.cambridge.org/9781107067820

www.cambridge.org/9781107042414

The Social Foundations of World Trade

State Strategies in International Bargaining

Edited by Giorgio Sacerdoti Università degli Studi di Teramo, Italy

27

Mara Valenti Università degli Studi di Milano

and Anna De Luca Università Commerciale Luigi Bocconi, Milan

Balancing the non-economic interests of host States and the treaty rights of foreign investors is key for regulators, policy makers and treaty negotiators.

This volume examines how to maintain a State’s right and duty to take action while respecting its international commitments toward foreign investors and controlling protectionist tendencies.

Cambridge International Trade and Economic Law, 13

2014 228 x 152 mm 478pp 978-1-107-05023-5 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107050235

The Challenge of Safeguards in the WTO Fernando Piérola Advisory Centre on WTO Law, Geneva

Providing a detailed overview of the questions which arise in safeguard investigations, The Challenge of Safeguards in the WTO will assist trade specialists, trade lawyers and students of international trade or international law who wish to understand how the WTO safeguard mechanism operates.

Cambridge International Trade and Economic Law, 14

2014 228 x 152 mm 416pp 50 b/w illus.

978-1-107-07178-0 Hardback £75.00 / US$120.00 For all formats available, see

Norms, Community and Constitution Sungjoon Cho Chicago-Kent College of Law

In the post-crisis, ‘new normal’ world, scholars are increasingly exploring world trade and globalisation narratives which are alternatives to the conventional neoliberal, Washington Consensus theories. Sungjoon Cho responds to this contemporary intellectual demand by reconstructing the world trading system from a ‘social’ perspective.

‘Cho’s innovative book challenges the conventional rational-contract model in international trade law literature and presents a refreshing alternative perspective on the WTO. The social framework proposed in the book generates significant insights regarding the sociological functions of the WTO and enriches our understanding of international economic law. It certainly constitutes a significant contribution to international economic law literature.’

Moshe Hirsch, Maria Von Hofmannsthal Chair in International Law, Hebrew University of Jerusalem Cambridge International Trade and Economic Law, 17

2014 228 x 152 mm 266pp 978-1-107-03661-1 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107036611

Yves Bonzon

University of California, Davis

Drawing on original qualitative and quantitative evidence, this book demonstrates how the rules of the game influence the cooperative or coercive nature of the strategies adopted by all states in a negotiation. It provides a rich understanding of the nuances of states’ behavior in international bargaining processes.

‘Uses extensive empirical research to cast fresh light on the understudied question of why states use different bargaining strategies at different times. Other scholars should read this interesting contribution.’

John Odell, University of Southern California Cambridge Studies in International Relations, 134

2015 228 x 152 mm 324pp 5 b/w illus. 10 tables 978-1-107-08609-8 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/ 9781107086098

Rules of Origin in ASEAN A Way Forward Stefano Inama UNCTAD, Geneva, Switzerland

www.cambridge.org/9781107071780

Public Participation and Legitimacy in the WTO

Play by the Rules or Change Them?

Heather Elko McKibben

Substantive Protection under Investment Treaties A Legal and Economic Analysis Jonathan Bonnitcha

Université de Lausanne, Switzerland

Australian National University, Canberra

To what extent can democratic values support the development of public participation mechanisms in the WTO? How can such mechanisms be implemented in practice? This book answers these questions from a legal perspective, and will interest anyone involved in international negotiations

Investment treaties confer generous rights on foreign investors. Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of such protections, and asks whether investment treaties

and Edmund W. Sim Appleton Luff, Singapore

The first in-depth exploration of rules of origin in ASEAN’s trade agreements, insightful to practitioners, policymakers and businesses for understanding how commerce and trade is conducted in Southeast Asia. Customs practices, government procedures and other aspects of the ASEAN trade agreements are reviewed.

Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration, 1

2015 218 x 138 mm 432pp 7 tables 978-1-107-47244-0 Paperback £39.99 / US$59.99 Publication February 2015 For all formats available, see

www.cambridge.org/9781107472440

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International economic and trade law, WTO law Key Reference

Key Reference

Key Reference

Dispute Settlement Reports 2012

Dispute Settlement Reports 2012

Dispute Settlement Reports 2012

Volume 1: Pages 1–646 World Trade Organization

Volume 5: Pages 2447–2742

Volume 9: Pages 4583–5302 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 648pp 978-1-107-05000-6 Hardback £140.00 / US$225.00 For all formats available, see

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 298pp 978-1-107-05125-6 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051256

www.cambridge.org/9781107050006

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 722pp 978-1-107-05141-6 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051416

Key Reference Key Reference

Dispute Settlement Reports 2012 Volume 2: Pages 647–1248 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 604pp 978-1-107-05117-1 Hardback £140.00 / US$225.00 For all formats available, see

Dispute Settlement Reports 2012 Volume 6: Pages 2743–3292 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 554pp 978-1-107-05128-7 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051287

www.cambridge.org/9781107051171

Key Reference

Dispute Settlement Reports 2012 Volume 10: Pages 5303–5748 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 450pp 978-1-107-05144-7 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051447

Key Reference Key Reference

Dispute Settlement Reports 2012 Volume 3: Pages 1249–1834 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 588pp 978-1-107-05120-1 Hardback £140.00 / US$225.00 For all formats available, see

Dispute Settlement Reports 2012 Volume 7: Pages 3293–3930 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 640pp 978-1-107-05136-2 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051362

www.cambridge.org/9781107051201

Key Reference

Dispute Settlement Reports 2012 Volume 11: Pages 5749–6248 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 504pp 978-1-107-05150-8 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051508

Key Reference Key Reference

Dispute Settlement Reports 2012 Volume 4: Pages 1835–2446 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 616pp 978-1-107-05124-9 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051249

Dispute Settlement Reports 2012 Volume 8: Pages 3931–4582 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 654pp 978-1-107-05139-3 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051393

Key Reference

Dispute Settlement Reports 2012 Volume 12: Pages 6249–6772 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 526pp 978-1-107-05152-2 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051522

International economic and trade law, WTO law / Jurisprudence, legal theory Key Reference

Dispute Settlement Reports 2012 Volume 13: Pages 6773–7260 World Trade Organization

The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2012.

World Trade Organization Dispute Settlement Reports

2014 240 x 160 mm 490pp 978-1-107-05154-6 Hardback £140.00 / US$225.00 For all formats available, see

www.cambridge.org/9781107051546

Jurisprudence, legal theory Law, Liberty and State Oakeshott, Hayek and Schmitt on the Rule of Law Edited by David Dyzenhaus University of Toronto

and Thomas Poole London School of Economics and Political Science

Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the ‘progressive’ forces of their time.

Law, Liberty and State considers all three together at a time when political theorists, lawyers and theorists of international relations are increasingly turning to the foundational texts of twentieth-century thought.

2015 228 x 152 mm 300pp 978-1-107-09338-6 Hardback £64.99 / US$99.99 Publication May 2015 For all formats available, see

www.cambridge.org/9781107093386

Commentary on Thomas Aquinas’s Treatise on Law J. Budziszewski University of Texas, Austin

Thomas Aquinas shows how the foundations of law and ethics are rooted in God’s creational design, reflected in man’s nature, and implemented by wise legislators. J. Budziszewski’s commentary on the Treatise is written in luminously clear prose and should attract anyone interested in politics, jurisprudence, ethical controversies, or interreligious dialogue.

Budziszewski provides a superb lineby-line commentary on the complete text of Aquinas’ treatise on law – the first complete commentary of this sort in centuries. The Commentary offers insightful comments on the implications of modern philosophical developments for interpreting and evaluating the positions taken by Aquinas. An enormously valuable text, not only for scholars specializing in the field but also for those just embarking on a careful study of the work.’

Fr. Joseph W. Koterski, S.J., Fordham University, New York

Stanley Fish on Philosophy, Politics and Law How Fish Works Michael Robertson University of Otago, New Zealand

Stanley Fish is a provocative author who is often misunderstood precisely because of his polemical approach. This book sets out and evaluates his arguments in a clear fashion which makes his contribution to philosophy, politics and law more accessible for both generalist and specialist readers.

2015 228 x 152 mm 518pp 978-1-107-02939-2 Hardback £70.00 / US$110.00

2014 228 x 152 mm 384pp 978-1-107-07474-3 Hardback £65.00 / US$99.00

Publication February 2015

For all formats available, see

For all formats available, see

29

www.cambridge.org/9781107074743

www.cambridge.org/9781107029392

Leo Strauss Man of Peace Robert Howse New York University

This book provides the first comprehensive analysis of Strauss’s writings on political violence, considering also what he taught in the classroom on this subject. In stark contrast to popular perception, Strauss emerges as a man of peace, favorably disposed to international law and skeptical of imperialism.

‘Even if you are convinced that nothing new or provocative could possibly be said about Leo Strauss, Rob Howse’s book will force you to rethink your position. Both friends and foes of Strauss will find much of interest in this fascinating reinterpretation of one of the canonical figures of twentieth-century political theory. Focusing on Strauss’ ideas about political violence, the volume’s most important achievement is to lay bare the fundamentals of Strauss’ oftentimes neglected international political and legal theory. Strauss poses an intellectual challenge to students of international law and politics, and Howse does a wonderful job sketching out that challenge’s main features.’

William E. Scheuerman, Professor and Director of Graduate Studies, Indiana University 2014 228 x 152 mm 196pp 978-1-107-07499-6 Hardback £50.00 / US$80.00 978-1-107-42767-9 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107074996

Bentham’s Theory of Law and Public Opinion Edited by Xiaobo Zhai Zhengzhou University and University College London

and Michael Quinn University College London

Intended for academics and students who are interested in legal and political philosophy and in intellectual and legal history, this volume brings together the latest research from leading Bentham scholars and challenges the dominant understandings of Bentham among legal and political philosophers.

2014 228 x 152 mm 263pp 978-1-107-04225-4 Hardback £60.00 / US$90.00 For all formats available, see

www.cambridge.org/9781107042254

Proportionality and the Rule of Law Rights, Justification, Reasoning Edited by Grant Huscroft University of Western Ontario

Bradley W. Miller University of Western Ontario

and Gregoire Webber London School of Economics and Political Science

This volume brings together many of the world’s leading constitutional theorists – proponents and critics of proportionality – to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.

Advance praise: ‘In this much-needed contribution to the lively debates that currently rage about natural law theory,

Visit our website at www.cambridge.org/academic

30

Jurisprudence, legal theory 2014 228 x 152 mm 432pp 1 b/w illus. 1 table 978-1-107-06407-2 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107064072

Justice through Apologies Remorse, Reform, and Punishment Nick Smith University of New Hampshire

In this follow up to I Was Wrong: The Meanings of Apologies, Nick Smith expands his ambitious theories of categorical apologies to civil and criminal law. This book explains that penitentiaries were originally designed to bring about penance – something like apology – and this has been lost in the assembly line of mass incarceration.

Contents: Part I. Lawyers, Ethics, and the Law: 1. Defining the problem; 2. Justifying principles of professional ethics; 3. The adversary system; 4. The nature of law and why it matters; 5. Legal obligation and authority; 6. Unjust laws and legal systems; Part II. The Many Roles of Lawyers: 7. Criminal defense and the problem of client selection; 8. Prosecutors; 9. Civil litigation; 10. Counseling clients; 11. Representing corporations: lawyers as gatekeepers?

Cambridge Applied Ethics

2014 247 x 174 mm 261pp 1 b/w illus.

978-1-107-04256-8 Hardback £50.00 / US$80.00 978-1-107-61724-7 Paperback £18.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107042568

Deontic Logic and Legal Systems

and what the prospects for progress might be.

Cambridge Introductions to Philosophy and Law

2014 228 x 152 mm 222pp 978-0-521-83427-8 Hardback £50.00 / US$80.00 978-0-521-54219-7 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9780521834278

The Status of Law in World Society Meditations on the Role and Rule of Law Friedrich Kratochwil European University Institute, Florence

Friedrich Kratochwil’s book explores the key discourses and debates surrounding the role of law in the international arena.

Cambridge Studies in International Relations, 129

‘In I Was Wrong, Nick Smith provided a unique and richly complex introduction to the world of apologies.

Now, in this engaging follow up, Justice through Apologies, he has extended his analysis into their use in criminal and civil law. A feature of his earlier book – wonderful illustrations and endless provocative questions – graces the present one, challenging glibness and ensuring that his work will remain a go-to resource for those who, like Smith, are both impressed by the moral power of apologies but troubled by their performative exploitation.’

Pablo E. Navarro

John Kleinig, Emeritus, Department of Criminal Justice, John Jay College of Criminal Justice

Cambridge Introductions to Philosophy and Law

Australian National University, Canberra

2014 228 x 152 mm 413pp 978-1-107-00754-3 Hardback £55.00 / US$90.00

2014 228 x 152 mm 288pp 4 b/w illus.

978-0-521-76739-2 Hardback £55.00 / US$85.00

Australian National University, Canberra

978-0-521-18945-3 Paperback £19.99 / US$32.99

978-0-521-13990-8 Paperback £19.99 / US$29.99

For all formats available, see

For all formats available, see

Blas Pascal University, Argentina

and Jorge L. Rodríguez National University of Mar del Plata, Argentina

Many books and papers have analyzed normative concepts using new techniques developed by logicians; however, few have bridged the gap between the English legal culture and the Continental (i.e. European and Latin American) tradition in legal philosophy.

This book addresses this by offering an introductory study on the many possibilities that logical analysis offers the study of legal systems.

www.cambridge.org/9781107007543

www.cambridge.org/9780521767392

Textbook

What Makes Law

Ethics and Law An Introduction W. Bradley Wendel Cornell University, New York

Using real-world examples, this book introduces some of the classic problems of legal ethics. Covering issues such as the moral responsibility of lawyers, the nature of law, and the relationship between law and morality, it is of vital interest to students of law, the philosophy of law, and ethics.

‘A superb, engaging and accessible introduction to the intersection of ethics and law.’

Adam Dodek, University of Ottawa

An Introduction to the Philosophy of Law Liam Murphy New York University

This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.

It introduces existing views about the nature of law, but rather than survey the existing literature it investigates what might be at stake in these old debates,

2014 228 x 152 mm 328pp 978-1-107-03728-1 Hardback £55.00 / US$95.00 978-1-107-68107-1 Paperback £19.99 / US$34.99 For all formats available, see

www.cambridge.org/9781107037281

Allegiance and Identity in a Globalised World Edited by Fiona Jenkins Australian National University, Canberra

Mark Nolan and Kim Rubenstein

This examination of allegiance and identity renews our understanding of membership and participation within and beyond the nation-state and provides valuable insights into the changing dynamics of national identity, membership and social inclusion in the context of globalisation.

Connecting International Law with Public Law, 4

2014 228 x 152 mm 688pp 2 b/w illus. 7 tables 978-1-107-07433-0 Hardback £90.00 / US$140.00 For all formats available, see

www.cambridge.org/9781107074330

Evidence Matters Science, Proof, and Truth in the Law Susan Haack University of Miami

With her characteristic clarity and verve, Susan Haack brings her original and distinctive work in theory of knowledge and philosophy of science

Jurisprudence, legal theory / Law (general) / Law and economics to bear on real-life legal issues. She includes analyses of a variety of cases and summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.

‘There is tremendous confusion in both law and science (including especially epidemiology) about the proper role of scientific evidence and interpretation of standards of proof in the law. No one has come close to the insight and understanding that should be crystal clear to anyone who reads this perfectly organized collection of essays. Haack alone delves into the historical development of the current confusion and brings her deep understanding of law and philosophy to mark the way out of the confusion.

I hope that a copy will be sent to every justice on the US Supreme Court.’

Richard W. Wright, Distinguished Professor of Law, IIT Chicago-Kent, College of Law Law in Context

2014 228 x 152 mm 444pp 978-1-107-03996-4 Hardback £65.00 / US$95.00 978-1-107-69834-5 Paperback £24.99 / US$34.99 For all formats available, see

www.cambridge.org/9781107039964

Law (general) Reasons and Intentions in Law and Practical Agency Edited by George Pavlakos Universiteit Antwerpen, Belgium and University of Glasgow

and Veronica Rodriguez-Blanco University of Birmingham

Exploring how and why we act when we follow practical standards, this collection of new essays focuses on the interplay of intentions and practical reasons in practical agency, making it of interest to scholars and students of philosophy of action, legal philosophy, cognitive psychology, law, social science, and ethics.

‘This sophisticated book is essential reading for anyone with an interest in law and practical reasoning.’

Dennis Patterson, European University Institute 2015 228 x 152 mm 342pp 978-1-107-07072-1 Hardback £60.00 / US$95.00 For all formats available, see

www.cambridge.org/9781107070721

Textbook

Remedies in Australian Private Law Katy Barnett University of Melbourne

and Sirko Harder University of Sussex

Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations.

Contents: 1. General introduction; Part I. General Principles of Compensation: 2. Assessment of compensation: general principles; 3. Attribution of responsibility: general principles; 4. Multiple wrongdoers; Part II. Compensation in Specific Contexts: 5. Compensation for breach of contract; 6. Compensation for Tort; 7. Compensation for personal injury and death; 8. Compensation under the Australian Consumer Law; 9. Equitable compensation for breach of equitable obligations; Part III. Remedies Compelling Performance and Related Remedies: 10. Specific performance; 11. Injunctions; 12. Lord Cairns’ Act Damages; Part IV. Remedies as Vindication: 13. Selfhelp remedies; 14. Exemplary damages, aggravated damages and declaratory relief; 15. Apologies and declaratory relief; Part V. Accounts of Profit and Other GainBased Relief for Wrongs: 16. Disgorgement of gains and ‘reasonable fee’ damages; Part VI. Restitution and Giving Back: 17. Personal remedies for unjust enrichment; 18. Rescission; Part VII. Proprietary Remedies: 19. Proprietary remedies; Part VIII. Enforcement of Remedies: 20. Enforcement of remedies.

2014 247 x 174 mm 552pp 978-1-107-61083-5 Paperback £80.00 / US$130.00 For all formats available, see

www.cambridge.org/9781107610835

Scripture and Law in the Dead Sea Scrolls Alex P. Jassen New York University

This book examines the interpretation of biblical law in the Dead Sea Scrolls and ancient Judaism. It analyzes the interpretive techniques found in the Dead Sea Scrolls to transform the meaning and application of biblical law to meet the needs of new historical and cultural settings.

‘In this book, Alex P. Jassen joins two lines of inquiry that are commonly pursued independently of one another: the scriptural hermeneutics

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of the Dead Sea Scrolls and their legal contents. Previous studies of scriptural interpretation in the Dead Sea Scrolls have tended to focus on the nonlegal, narrative, hortatory, liturgical, and eschatalogical texts, while those on the legal contents of the scrolls have sought to uncover the sect’s practices, polemics against other groups, or the larger history of ancient Jewish law. While there have been several important recent studies that combine interests in Qumran (the site of the discovery of the Dead Sea Scrolls) law and scriptural exegesis, none has been as comprehensive and as systematic as is Jassen’s. This book offers highquality scholarship on an important and timely topic.’

Steven D. Fraade, Mark Taper Professor of the History of Judaism, Yale University 2014 228 x 152 mm 316pp 15 tables 978-0-521-19604-8 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9780521196048

Law and economics Homeownership and America’s Financial Underclass Flawed Premises, Broken Promises, New Prescriptions Mechele Dickerson School of Law, University of Texas, Austin

This book argues that US leaders need to re-evaluate housing policies and develop new ones that ensure that all Americans have access to affordable housing, whether rented or owned. It argues that racial discrimination and certain demographic features continue to make it harder for blacks and Latinos to receive homeownership’s promised benefits.

‘The myth that everyone should be a homeowner is just that – a myth, argues Professor Mechele Dickerson in this penetrating book, and a dangerous one at that. She reveals how financial institutions and real estate professionals, backed by the US government, promoted increasingly risky credit in service to homeownership myth – with particularly disastrous consequences for minority groups, the elderly, and low- and moderate-income neighborhoods. Professor Dickerson demonstrates that, contrary to their supposed goals, the numerous incentives for homeownership often distort financial planning and destabilize residential areas, and

eBooks available at www.cambridge.org/ebookstore

32

Law and economics / Legal history she argues that many of our fellow citizens would be better served by programs that invest in education and earning opportunities, so as to provide a firm platform for stable communities that include renters along with homeowners.’

Carol M. Rose, University of Arizona College of Law, coauthor of Saving the Neighborhood: Racially Restrictive Covenants, Law, and Social Norms 2014 228 x 152 mm 284pp 22 b/w illus.

978-1-107-03868-4 Hardback £65.00 / US$99.00

on lessons from economics, political science, organizational behavior, psychology and law. There is much to learn from these chapters for both scholars and policymakers.’

Paul L. Joskow, President, Alfred P. Sloan Foundation, and Elizabeth and James Killian Professor of Economics, Emeritus, Massachusetts Institute of Technology 2014 228 x 152 mm 548pp 26 b/w illus. 9 tables 978-1-107-05371-7 Hardback £75.00 / US$120.00 For all formats available, see

978-1-107-66350-3 Paperback £24.99 / US$34.99

www.cambridge.org/9781107053717

For all formats available, see

Land Use Law and Disability

www.cambridge.org/9781107038684

Law and Development of Middle-Income Countries

Planning and Zoning for Accessible Communities Robin Paul Malloy

Avoiding the Middle-Income Trap Edited by Randall Peerenboom

Argues that communities need better planning to improve navigation for people with mobility impairment and to facilitate intergenerational aging in place. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning.

La Trobe University, Victoria

and Tom Ginsburg University of Chicago

This interdisciplinary volume addresses the special challenges that middleincome countries confront from both a theoretical and a practical perspective.

Syracuse University College of Law

Cambridge Disability Law and Policy Series

so-major contributors to this debate, from Roscoe Pound to Michael Moore and beyond. A tour de force.’

Lawrence A. Alexander, University of San Diego School of Law 2014 228 x 152 mm 517pp 978-0-521-85460-3 Hardback £55.00 / US$85.00 For all formats available, see

www.cambridge.org/9780521854603

Law and the Formation of Modern Europe Perspectives from the Historical Sociology of Law Edited by Mikael Rask Madsen University of Copenhagen

and Chris Thornhill University of Manchester

Containing contributions by leading historians, lawyers and sociologists, this book examines the formative processes underlying the legal order of contemporary Europe. It offers sociological explanations of both the national and the supranational factors which have shaped the European legal structure.

2014 228 x 152 mm 378pp 978-1-107-04405-0 Hardback £70.00 / US$110.00

2014 228 x 152 mm 400pp 6 b/w illus. 1 colour illus. 1 map 28 tables 978-1-107-02815-9 Hardback £65.00 / US$99.00

2014 228 x 152 mm 264pp 978-0-521-19393-1 Hardback £65.00 / US$99.00

978-1-107-60919-8 Paperback £24.99 / US$39.99

www.cambridge.org/9780521193931

From Slave Abuse to Hate Crime

Legal history

The Criminalization of Racial Violence in American History Ely Aaronson

For all formats available, see

www.cambridge.org/9781107028159

The Manufacturing of Markets Legal, Political and Economic Dynamics Edited by Eric Brousseau Université de Paris IX (Paris-Dauphine)

and Jean-Michel Glachant European University Institute, Florence

Drawing on case studies from a range of industries, countries and periods of history, this edited volume examines how a combination of economic, political and legal dynamics shape the formation and the performance of markets. This book will appeal to all those interested in the reform of markets.

‘Eric Brousseau and Jean-Michel Glachant have assembled a fascinating set of contributions that discuss the institutional arrangements that contribute to the ‘manufacturing’ of markets for goods and services …

The chapters in this book provide important insights about how these institutional choices have been made in many different contexts, drawing

For all formats available, see

Freedom and Criminal Responsibility in American Legal Thought Thomas Andrew Green University of Michigan, Ann Arbor

As the first full-length study of American legal academics wrestling with the problem of free will versus determinism in the twentieth century, this book deals with the most fundamental problem in criminal law.

‘Thomas Green’s Freedom and Criminal Responsibility in American Legal Thought delivers what its title promises, namely, over a hundred years of history of the debate among American legal academics and philosophers over the implications for criminal responsibility of the free will/determinism issue. Green comprehensively and critically surveys the views of all of the major and not-

For all formats available, see

www.cambridge.org/9781107044050

University of Haifa, Israel

The first book to develop an in-depth analysis of how legal and political ideas concerning the criminalization of racial violence have evolved from slavery to the present and to offer new historical and theoretical perspective for analyzing limits of current attempts to use criminal legislation as a weapon against racism.

‘With a broad chronological sweep from the colonial era to the present day, Ely Aaronson for the first time illuminates the connections between efforts to criminalize violence against African Americans under slavery and Jim Crow and hate crime legislation today. Putting the tools of sociological analysis to work, he recasts familiar stories in a new and fascinating light, showing the way criminal justice – or injustice – works to perpetuate racial hierarchies. A must-read for students of law, history, criminology, and critical race studies.’

Ariela J. Gross, John B. and Alice R. Sharp Professor of Law and History, University of Southern California Law School

Legal history Cambridge Historical Studies in American Law and Society

2014 228 x 152 mm 218pp 978-1-107-02689-6 Hardback £55.00 / US$90.00 For all formats available, see

www.cambridge.org/9781107026896

The Law of Contract 1670–1870 Warren Swain University of Queensland

This examination of the development of contract law in England covers the period when the foundations of modern contract law were laid. It explores key themes in order to understand the drivers of legal change, including the relationship between lawyers and merchants, the role of equity, statute and legal literature.

Cambridge Studies in English Legal History

2015 228 x 152 mm 362pp 978-1-107-04076-2 Hardback £74.99 / US$119.99

The Second Formation of Islamic Law The Hanafi School in the Early Modern Ottoman Empire Guy Burak New York University

The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the Ottoman Empire and argues that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries.

Cambridge Studies in Islamic Civilization

2015 228 x 152 mm 286pp 1 b/w illus.

978-1-107-09027-9 Hardback £65.00 / US$99.00 For all formats available, see

Edwards shows that a war fought to preserve a legal order ended up almost entirely remaking it. The legal dismantling of American slavery not only extended rights to new people but also reconfigured what rights meant and why they were so central to the new American nation that the war made.’

Gregory Downs, City College and Graduate Center, City University of New York New Histories of American Law

2015 216 x 138 mm 220pp 978-1-107-00879-3 Hardback £50.00 / US$80.00 978-1-107-40134-1 Paperback £19.99 / US$29.99 Publication March 2015 For all formats available, see

www.cambridge.org/9781107008793

www.cambridge.org/9781107090279

Sovereignty, Property and Empire, 1500–2000 Andrew Fitzmaurice

For all formats available, see

University of Sydney

www.cambridge.org/9781107040762

Religion, Politics and Jurisprudence, 1578–1616 David Chan Smith

This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory.

Wilfrid Laurier University, Ontario

Ideas in Context, 107

This book, the first extended study of the legal thought of Edward Coke, investigates how law reform impacted his understanding of individual rights, royal authority, and the need for confidence in legal institutions. In doing so, it offers a new explanation for the shaping of early modern constitutional thought.

2014 228 x 152 mm 398pp 978-1-107-07649-5 Hardback £65.00 / US$99.00

Sir Edward Coke and the Reformation of the Laws

For all formats available, see

www.cambridge.org/9781107076495

Women and Justice for the Poor A History of Legal Aid, 1863– 1945 Felice Batlan Illinois Institute of Technology

This book re-examines fundamental assumptions about the American legal profession and the boundaries between ‘professional’ lawyers, ‘lay’ lawyers, and social workers. Putting legal history and women’s history in dialogue, it details the history of the origins and development of free legal aid for the poor in the United States.

Advance praise: ‘Women and Justice for the Poor is an exciting and timely intervention into work on lawyering in the United States. Batlan establishes the deep relevance of ideas about gender and race to the history of law and legal practice through ambitious research, provocative analysis, and engaging narrative.’

Cambridge Studies in English Legal History

A Legal History of the Civil War and Reconstruction

2014 228 x 152 mm 308pp 978-1-107-06929-9 Hardback £70.00 / US$110.00

A Nation of Rights Laura F. Edwards

Martha S. Jones, Arthur F. Thurnau Professor, University of Michigan

Duke University, North Carolina

Studies in Legal History

Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war’s biggest casualty was the nation’s legal order.

A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields.

2015 228 x 152 mm 256pp 7 b/w illus.

978-1-107-08453-7 Hardback c. £64.99 / US$94.99

For all formats available, see

www.cambridge.org/9781107069299

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978-1-107-44641-0 Paperback c. £22.99 / US$32.99 Publication April 2015 For all formats available, see

www.cambridge.org/9781107084537

Advance praise: ‘Bold, brilliant, and sweeping, this concise history places the transformation of American law at the center of the Civil War. In clear analysis of constitutional amendments, Supreme Court decisions, expanding wartime powers, and everyday people’s bold claims,

Visit our website at www.cambridge.org/academic

34

Legal history / Legal skills and practice The Workplace Constitution from the New Deal to the New Right Sophia Z. Lee University of Pennsylvania

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why, taking readers back to the 1930s and 1940s when advocates across the political spectrum set out to enshrine constitutional rights in the workplace.

‘The Workplace Constitution from the New Deal to the New Right is both ambitious and important – it moves across time and among a variety of individuals, organizations, and government entities, and it utilizes a wide range of archival material – all of keen interest to historians, legal scholars, and political scientists alike.

Lee’s formidable intelligence gives us new insights, as well as historical and historiographical surprises.’

Risa L. Goluboff, John Allan Love Professor of Law and Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia Studies in Legal History

2015 228 x 152 mm 412pp 21 b/w illus.

978-1-107-03872-1 Hardback £55.00 / US$85.00 978-1-107-61321-8 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107038721

Law and Identity in Colonial South Asia Parsi Legal Culture, 1772–1947 Mitra Sharafi University of Wisconsin, Madison

This book explores the legal culture of the Parsis, or Zoroastrians, an ethno-religious community unusually invested in the colonial legal system of British India and Burma. From the mid-nineteenth century until India’s independence in 1947, Parsis became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators.

‘Despite its importance, there is relatively little written on Parsi law.

Mitra Sharafi’s book undertakes the most detailed and informed study of the main branches of Parsi legal history. In it, Sharafi neatly straddles two readerships, the Parsi specialist and the legal fields. Through this, Sharafi offers a work that is by a long

way the best study in its field, carrying the subject a long way forward. This is a superb piece of work.’

John R. Hinnells, Liverpool Hope University

Legal skills and practice

Studies in Legal History

Textbook

2014 228 x 152 mm 365pp 28 b/w illus. 1 map 978-1-107-04797-6 Hardback £65.00 / US$99.00

Law of Evidence

For all formats available, see

Coventry University

www.cambridge.org/9781107047976

Combining straightforward explanation with scholarly analysis, Law of Evidence covers the full syllabus of evidence courses with clarity and depth. Student learning is supported by extracts and discussion of judgments, statutes and academic literature, as well as numerous visual aids. A companion website includes regular updates to the text.

The Fascists and the Jews of Italy Mussolini’s Race Laws, 1938– 1943 Michael A. Livingston Rutgers-Camden School of Law

This book describes the history and nature of the Italian Race Laws, a series of anti-Jewish laws adopted by Fascist Italy and in force during the period (1938–43) when Italy was independent of German control. It is the first truly comprehensive survey of the Race Laws written in the English language.

‘Michael A. Livingston brilliantly explores the legal framework, case-level operation, and ominous consequences of Fascist Italy’s racial laws from their introduction in 1938 to the regime’s destruction in 1943. He offers original and often disturbing perspectives on the legal-bureaucratic mechanisms of the Holocaust, the character of modern Italy, and the rule of law. Livingston’s analysis is unrivalled in conceptual sophistication, mastery of the relevant legal scholarship, profound knowledge of the historical literature, and painstaking archival research.

The Fascists and the Jews of Italy is a splendid introduction to issues that remain unresolved – a full seventy years after Fascist Italy’s ignominious end.’

MacGregor Knox, Stevenson Professor of International History Emeritus, London School of Economics and Political Science Studies in Legal History

2014 228 x 152 mm 274pp 8 b/w illus.

978-1-107-02756-5 Hardback £60.00 / US$90.00 For all formats available, see

www.cambridge.org/9781107027565

Nicola Monaghan

Contents: 1. Introduction to the law of evidence; 2. Preliminary issues; 3. Burden of proof; 4. Silence; 5. Confession evidence; 6. Illegally and improperly obtained evidence; 7. Hearsay; 8. Character evidence; 9. Witnesses; 10. Trial procedure and witness testimony; 11. Corroboration and identification evidence; 12. Opinion and expert evidence; 13. Disclosure and public interest immunity; 14. Privilege and public interest immunity.

2015 246 x 189 mm 528pp 2 b/w illus. 34 colour illus. 2 tables 978-1-107-02033-7 Hardback £70.00 / US$120.00 978-1-107-60461-2 Paperback £29.99 / US$49.99 Publication March 2015 For all formats available, see

www.cambridge.org/9781107020337

Rethinking the Law School Education, Research, Outreach and Governance Carel Stolker Universiteit Leiden

Written from the perspective of a former dean, this book offers a unique understanding of the challenges facing legal education and research. It illustrates how law schools throughout the world have much in common and presents a thought provoking discussion for a global agenda for the future of law schools.

2014 228 x 152 mm 469pp 978-1-107-07389-0 Hardback £75.00 / US$125.00 For all formats available, see

www.cambridge.org/9781107073890

Legal skills and practice / Medical law, health law Textbook

The Good Lawyer A Student Guide to Law and Ethics Adrian Evans Monash University, Victoria

Written by a legal ethics expert, The Good Lawyer encourages the development of a sense of social and moral responsibility. It is an invaluable reference for students considering a law degree, or a career in law, and for new lawyers seeking more insight into the moral dimensions of their profession.

Contents: 1. Good legal education; 2. The law practice landscape – choosing to be a ‘good’ lawyer in a good law firm; 3. Values, ethics and virtue in lawyering; 4. Connecting character to lawyers’ roles; 5. Truth and deception; 6. Professional secrets; 7. Conflicts of loyalty and interest; 8. The morality of competence; 9. Practical wisdom for lawyers.

2014 228 x 152 mm 175pp 978-1-107-42343-5 Paperback £27.50 / US$45.00 For all formats available, see

legal articulation of health rights and that litigation can undermine as well as promote health care equity.’

Timothy S. Jost, Robert L. Willett Family Professor of Law, Washington and Lee University 2014 228 x 152 mm 506pp 978-1-107-03830-1 Hardback £75.00 / US$120.00

2014 247 x 174 mm 325pp 978-1-107-01522-7 Hardback £65.00 / US$99.00

New in Paperback

978-1-107-61237-2 Paperback £29.99 / US$45.00

Reconsidering Law and Policy Debates A Public Health Perspective Edited by John G. Culhane Health Law Institute, Widener University, School of Law

Examines social and political issues that have become resistant to compromise by examining them through a populationbased public health perspective.

2014 229 x 152 mm 270pp 978-1-107-67247-5 Paperback £22.99 / US$34.99

www.cambridge.org/9781107423435

Also available 978-0-521-19505-8 Hardback £64.99 / US$104.99

Medical law, health law

For all formats available, see

The Right to Health at the Public/ Private Divide A Global Comparative Study Edited by Colleen M. Flood University of Toronto, Faculty of Law

and Aeyal Gross Tel-Aviv University, Faculty of Law

A comparative study of countries from all continents representing a diversity of health, legal, political, and economic systems, this book explores the role of health rights in advancing equality through access to health care. It features authors with expertise in the legal and health systems of their countries.

‘The Right to Health at the Public/ Private Divide comes at a uniquely opportune time for American and global readers, as rights to health care dominate the center of our political debates. This sixteen-nation comparative study concludes, as Americans have discovered, that the strength of a nation’s commitment to the equitable provision of health care does not necessarily correlate with the

Contents: 1. Introduction; 2. Confidentiality and access to information; 3. Errors and fault; 4. Consent and autonomy; 5. Incapable adults and children; 6. Resource allocation and prioritisation; 7. Assisted reproduction; 8. Abortion, neonaticide and infanticide; 9. Organ and tissue transplantation; 10. Research; 11. End of life; 12. Concluding thoughts.

www.cambridge.org/9781107038301

For all formats available, see

www.cambridge.org/9781107672475

Textbook

Medical Law and Medical Ethics Nils Hoppe Universität Hannover, Germany

and José Miola University of Leicester

Conveys all the core topics emphasising the interplay between medical law and medical ethics in a unique chapter structure.

‘This book provides a thoughtful and insightful engagement with the subject of medical law. In encouraging readers to think thematically across different substantive areas, the authors have succeeded in not only illuminating some of the most crucial ethical debates for this area of legal regulation, but of telling the story of the development of medical law and of highlighting the difficulty of the decisions that have to be reached. The book’s conversational style is sure to provoke further interesting debate amongst its readership.’

Julie McCandless, London School of Economics and Political Science

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For all formats available, see

www.cambridge.org/9781107015227

The Right to Know and the Right Not to Know Genetic Privacy and Responsibility Second edition Edited by Ruth Chadwick Mairi Levitt Lancaster University

and Darren Shickle University of Leeds

Personal genetic information is increasingly accessible. Consumers can obtain and share information through DNA tests purchased online. Databases make personal details available for research or criminal investigation. This book examines the right to know or not to know genetic information about yourself and others.

Cambridge Bioethics and Law

2014 228 x 152 mm 232pp 1 b/w illus.

978-1-107-07607-5 Hardback £55.00 / US$90.00 978-1-107-42979-6 Paperback £24.99 / US$39.99 For all formats available, see

www.cambridge.org/9781107076075

The Clinic and the Court Law, Medicine and Anthropology Edited by Ian Harper University of Edinburgh

Tobias Kelly University of Edinburgh

and Akshay Khanna University of Sussex

What are the points of convergence and contradiction between law and medicine as they seek to understand and respond to harm and suffering? Using empirical case studies from Europe, the Americas and Africa, this book brings

For regular email alerts visit www.cambridge.org/alerts

36

Medical law, health law / Private international law / Property law together leading medical and legal anthropologists to explore this question.

Cambridge Studies in Law and Society

2015 228 x 152 mm 304pp 3 b/w illus.

978-1-107-07624-2 Hardback £69.99 / US$110.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107076242

currency; 28. Property: tangible movables; 29. Contractual rights and property interests – I; 30. Contractual rights and property interests – II; 31 Contractual rights and property interests – III.

Private Law

2015 247 x 174 mm 950pp 2 b/w illus.

978-1-107-09589-2 Hardback c. £125.00 / c. US$199.99

University of Queensland

978-1-107-47956-2 Paperback c. £49.99 / c. US$79.99 Publication July 2015

Private international law Textbook

International Commercial Litigation Text, Cases and Materials on Private International Law Second edition Trevor Hartley London School of Economics and Political Science

Based on traditional private international law, this new edition emphasizes the practical requirements of litigation. It adopts a comparative stance, providing material on US and Commonwealth law, as well as the core areas of English and EU law. A companion website features important updates to the law.

Contents: Part I. Starting Off: 1. Introduction; Part II. Jurisdiction: 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. The traditional English rules; 6. Developments in Canada; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to Part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. The Canadian conflicts (judgments) revolution; 18. US law: some highlights; Part IV. Procedure: 19. Freezing assets; 20. Obtaining evidence abroad: forum procedures; 21. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 22. Introduction to choice of law; 23. Torts; 24. Contracts: the principle of party autonomy; 25. Contracts: legal policy and choice of law; 26. The common-law countries: regulating business, protecting employees and helping consumers; 27. Foreign

For all formats available, see

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The Principles and Practice of International Aviation Law

Key Encounters with Public Law Edited by Kit Barker University of Queensland

and Darryn Jensen

An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

2013 228 x 152 mm 385pp 978-1-107-03911-7 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107039117

Property law

Brian F. Havel DePaul University School of Law

and Gabriel S. Sanchez DePaul University School of Law

This book introduces and demystifies the private and public dimensions of international aviation law. The air transport industry is governed by disparate transnational regulatory instruments. By combining classical doctrinal analysis with insights from newer disciplines including international relations and economics, the book maps international aviation law’s complex terrain for new and veteran observers alike.

‘Havel and Sanchez have written a magisterial volume on international aviation law, one that belongs on the desk of every scholar and practitioner in the field. Filling a decades-old gap in the legal literature, they have rendered the aviation community an enormous service with a balanced and nuanced treatment of the full panoply of air law, including the most contentious issues.’

John Byerly, former Deputy Assistant Secretary of State for Transportation Affairs 2014 228 x 152 mm 464pp 978-1-107-02052-8 Hardback £65.00 / US$115.00 978-1-107-69773-7 Paperback £30.00 / US$45.00 For all formats available, see

www.cambridge.org/9781107020528

Property and Practical Reason Adam J. MacLeod Faulkner University, Alabama

Property and Practical Reason makes a moral argument for common law property institutions and norms, and challenges the prevailing dichotomy between individual rights and state interests and its assumption that individual preferences and the good of communities must be in conflict.

2015 228 x 152 mm 300pp 978-1-107-09576-2 Hardback £69.99 / US$110.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107095762

Law and Economics of Possession Edited by Yun-chien Chang Academia Sinica, Taipei, Taiwan

Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Containing contributions by leading property scholars, this book uses insights from economics, psychology and history to analyse possession in law.

2015 228 x 152 mm 368pp 2 b/w illus.

978-1-107-08354-7 Hardback £80.00 / US$125.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107083547

Property law / Public international law Resolving Land Disputes in East Asia Exploring the Limits of Law Edited by Hualing Fu The University of Hong Kong

and John Gillespie Monash University, Victoria

By placing comparative legal studies about land disputes in China and Vietnam in the broader social and economic context of East Asian societies, this volume explores the challenges faced by these transition societies, offers insights about the resilient authoritarian governance and explores the limits of law in resolving land disputes.

2014 228 x 152 mm 458pp 2 b/w illus. 12 tables 978-1-107-06682-3 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107066823

Textbook

Moffat’s Trusts Law Text and Materials Sixth edition Jonathan Garton

and unincorporated associations; 16. An introduction to the law of charity; 17. A legal definition of ‘charity’; 18. The regulation of charities; 19. Trusts – an international dimension.

Law in Context

978-1-107-51283-2 Paperback c. £38.99 / c. US$64.00

Leading international practitioners and scholars examine the role of the defence in international criminal proceedings and highlight it’s contribution to the development of international criminal law and the fair administration of international criminal justice.

For all formats available, see

www.cambridge.org/9781107105485

European Condominium Law Edited by Cornelius Van Der Merwe University of Aberdeen

This is the first comprehensive comparative treatment of condominium (apartment ownership, commonhold, horizontal property) law of 21 European jurisdictions. Included are ten factual case studies, which focus on providing legal solutions to practical cases.

The Common Core of European Private Law

University of Warwick

Graham Moffat

For all formats available, see

University of Warwick

www.cambridge.org/9781107093898

Gerry Bean and Rebecca Probert University of Warwick

This fully revised and updated new edition covers recent statutory developments and explores the impact of a wealth of new cases. Restructured to include a new chapter on the internationalisation of the trust and an online chapter on occupational pension schemes, it remains the serious student’s textbook of choice.

Contents: 1. Trusts introduced; 2. The evolution of the private express trust; 3. Taxation and the private express trust; 4. Creating the trust – I; 5. Creating the trust – II; 6. Trusts and public policy; 7. Flexibility in relation to beneficial entitlement; 8. An introduction to trustees and trusteeship; 9. Aspects of the management of trusts; 10. Trusteeship, control and breach of trust; 11. Implied trusts and the family home; 12. Trusts in commerce I: commerce and equitable remedies; 13. Trusts in commerce II: commerce, credit and the trust; 14. Trusts in commerce III: fiduciary relationships, commerce and the trust; 15. Trust, contract

Edited by Gentian Zyberi Universitetet i Oslo

2015 228 x 152 mm 704pp 978-1-107-09389-8 Hardback £125.00 / US$200.00

DLA Piper

The Role of the Defence in International Criminal Justice

2015 247 x 174 mm 950pp 9 b/w illus.

978-1-107-10548-5 Hardback c. £80.00 / c. US$130.00

Publication August 2015

Public international law Trials for International Crimes in Asia Edited by Kirsten Sellars

and Colleen M. Rohan Counsel, ICTY

2015 228 x 152 mm 500pp 978-1-107-08667-8 Hardback c. £80.00 / c. US$135.00 Publication August 2015 For all formats available, see

www.cambridge.org/9781107086678

Local Space, Global Life The Everyday Operation of International Law and Development Luis Eslava University of Kent, Canterbury

Local Space, Global Life offers an innovative account of the operation and everyday effects of international law and the development project. Adopting an ethnographic methodology to examine the current international focus on local jurisdictions, it demonstrates the academic and political value of the interdisciplinary study of international law.

2015 228 x 152 mm 325pp 36 b/w illus. 7 maps 978-1-107-09212-9 Hardback c. £65.00 / c. US$85.00

National University of Singapore

Publication July 2015

International crimes remain highly topical in Asia. A succession of tribunals have been convened in the region, from those held after the Asia-Pacific War to those currently running in Dhaka and Phnom Penh. This is the first book to assess their important contribution to the development of international criminal law.

For all formats available, see

2015 228 x 152 mm 350pp 978-1-107-10465-5 Hardback c. £65.00 / c. US$99.00

and Seline Trevisanut

Publication September 2015 For all formats available, see

www.cambridge.org/9781107104655

37

www.cambridge.org/9781107092129

Migration in the Mediterranean Mechanisms of International Cooperation Edited by Francesca Ippolito Università di Cagliari, Sardinia Rijksuniversiteit te Utrecht, The Netherlands

Mediterranean states have developed cooperation mechanisms in order to cope with different facets of migration: security, asylum, labour, development, human rights and so on.

This book critically analyses how the different institutional actors act and interact in the international control

eBooks available at www.cambridge.org/ebookstore

38

Public international law and management of migration in the Mediterranean area.

2015 228 x 152 mm 325pp 978-1-107-08785-9 Hardback c. £65.00 / c. US$99.00 Publication July 2015

2015 228 x 152 mm 384pp 1 table 978-1-107-08972-3 Hardback £79.99 / US$126.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107089723

For all formats available, see

www.cambridge.org/9781107087859

Jus Cogens International Law and Social Contract Thomas Weatherall Georgetown University, Washington DC

Equitable Principles of Maritime Boundary Delimitation The Quest for Distributive Justice in International Law Thomas Cottier Universität Bern, Switzerland

This book provides scholars and jurists with a resource for understanding and utilizing jus cogens, one of the most complex doctrines of contemporary international law. It addresses four key areas: authority, sources, content and enforcement, and applies a range of analytical tools from legal research to political philosophy.

Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.

2015 228 x 152 mm 400pp 978-1-107-08176-5 Hardback £79.99 / US$126.00

Publication April 2015

Publication June 2015 For all formats available, see

www.cambridge.org/9781107081765

Strategic Treaty Management Practice and Implications Thomas F. McInerney Loyola University, Chicago

This is the first book to examine the dynamic application of strategic management to multilateral treaties to help solve major global problems.

Relevant to lawyers, treaty bodies, international organizations, government officials, NGOs, and donors, it applies interdisciplinary perspectives to analyze an emerging discipline comprising strategy formulation, execution, and evaluation.

Advance praise: ‘This superb book makes a major contribution to the theory and practice of international treatymaking and implementation. Moving beyond the thin conception of treaties so common in the international relations literature, McInerney draws on management theory to broaden the conceptual frame, while providing concrete suggestions for improving treaty performance. His approach promises to reinvigorate multilateral treaties as a form of international cooperation. This book is a must-read for international law scholars and practitioners.’

Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago Law School

2015 228 x 152 mm 816pp 25 maps 978-1-107-08017-1 Hardback £109.99 / US$174.99 For all formats available, see

www.cambridge.org/9781107080171

diversity and international peace and security at sea.

Contents: Part I. The Divided Oceans: International Law Governing Jurisdictional Zones: 1. Law of the sea in perspective; 2. Baselines and related issues; 3. Marine spaces under national jurisdiction I: territorial sovereignty; 4. Marine spaces under national jurisdiction II: sovereign rights; 5. Marine spaces beyond national jurisdiction; 6. Maritime delimitation; Part II. Our Common Ocean: Protection of Community Interests at Sea: 7. Conservation of marine living resources; 8. Protection of the marine environment; 9. Conservation of marine biological diversity; 10. Marine scientific research; 11. Maintenance of international peace and security at sea; 12. Land-locked and geographically disadvantaged states; 13. Peaceful settlement of international disputes; 14. Looking ahead.

2015 247 x 174 mm 560pp 12 b/w illus. 6 tables 978-1-107-08040-9 Hardback £85.00 / US$135.00 978-1-107-43967-2 Paperback £39.99 / US$65.00 Publication April 2015

Resistance and Change in the International Law on Foreign Investment M. Sornarajah National University of Singapore

The attempt to create a neoliberal regime of investment protection resulted in resistance and changes in the legal rules. This book analyses the nature of those changes, considers their adequacy and explores the scope for future changes. It also considers the possibility of change in terms of resistance to power.

2015 228 x 152 mm 480pp 978-1-107-09662-2 Hardback £80.00 / US$125.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107096622

Textbook

The International Law of the Sea Second edition Yoshifumi Tanaka University of Copenhagen

This new edition has been fully revised and updated. It provides up-to-date coverage of all of the topics in law of the sea courses. Contemporary and important issues covered include conservation of marine biological

For all formats available, see

www.cambridge.org/9781107080409

Post-Communist Transitional Justice Lessons from Twenty-Five Years of Experience Edited by Lavinia Stan St Francis Xavier University, Nova Scotia

and Nadya Nedelsky MacAlester College, Minnesota

On the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the human rights violations of past regimes. Written by recognized experts, it addresses far-reaching reckoning, redress, and retribution policy choices.

2015 228 x 152 mm 358pp 18 b/w illus. 6 tables 978-1-107-06556-7 Hardback £64.99 / US$99.99 For all formats available, see

www.cambridge.org/9781107065567

Public international law Public Purpose in International Law

right of archipelagic sealanes passage in archipelagoes.

Rethinking Regulatory Sovereignty in the Global Era Pedro J. Martinez-Fraga

2015 228 x 152 mm 530pp 978-1-107-00376-7 Hardback £75.00 / US$125.00

Bryan Cave LLP

www.cambridge.org/9781107003767

and C. Ryan Reetz Bryan Cave LLP

This text explores how the public purpose doctrine reconciles the conflicting obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. It examines the multiple permutations and iterations of the doctrine and the inherent fundamental flaws that lead to disparities in the relationship between investors and states.

2015 228 x 152 mm 470pp 5 tables 978-1-107-08174-1 Hardback £74.99 / US$124.99 For all formats available, see

www.cambridge.org/9781107081741

Sovereignty, Statehood and State Responsibility Essays in Honour of James Crawford Edited by Christine Chinkin London School of Economics and Political Science

and Freya Baetens Universiteit Leiden

This collection of essays analyses the core building blocks of international law: sovereignty, statehood and state responsibility. The critical assessment of the enduring value of these concepts and the challenges faced enables readers to understand the dynamic application and interpretation of living legal thought in practice.

2015 228 x 152 mm 528pp 1 map 978-1-107-04425-8 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107044258

The Legal Regime of Straits Contemporary Challenges and Solutions Hugo Caminos International Tribunal for the Law of the Sea

and Vincent P. Cogliati-Bantz University of Queensland

Taking into account all interests at stake, this nuanced account of the legal issues relating to straits used for international navigation (for which the UNCLOS created a new, liberal right of transit passage) also explores the equivalent

For all formats available, see

A Short Introduction to International Law

39

international legal positivism after decades of critique and discusses its cogency and sustainability. It also looks at how we can apply today’s positivism to the problems of our post-modern world.

2014 228 x 152 mm 552pp 978-1-107-01926-3 Hardback £80.00 / US$135.00 For all formats available, see

www.cambridge.org/9781107019263

Emmanuelle Tourme Jouannet Sciences Po, Paris

Translated by Christopher Sutcliffe

Providing a refreshing take on international law, Emmanuelle Tourme Jouannet explains its latest developments in the light of its history and culture and demonstrates how it can be an instrument both for dominance and for change in our globalised world.

2014 216 x 138 mm 126pp 978-1-107-08640-1 Hardback £34.99 / US$59.99 978-1-107-45136-0 Paperback £12.99 / US$19.99 For all formats available, see

www.cambridge.org/9781107086401

Criminological Approaches to International Criminal Law Edited by Ilias Bantekas Brunel University

and Emmanouela Mylonaki South Bank University, London

In this book, a leading team of experts come together to elucidate how criminological theories, practices and research methods can advance our understanding of international criminal law. Moreover this book translates these insights into a practical tool for working on core international crimes and complex transnational crimes.

2014 228 x 152 mm 336pp 6 b/w illus. 9 tables 978-1-107-06003-6 Hardback £70.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107060036

International Legal Positivism in a Post-Modern World Edited by Jörg Kammerhofer Albert-Ludwigs-Universität Freiburg, Germany

and Jean D’Aspremont University of Manchester and Universiteit van Amsterdam

Legal positivism in its various forms remains at the forefront of theoretical debates in scholarship.

This book engages with contemporary

Interpreting Crimes in the Rome Statute of the International Criminal Court Leena Grover Universität Zürich

The Rome Statute of the International Criminal Court defines more than ninety crimes – genocide, other crimes against humanity, war crimes and aggression – and gives rise to countless questions of interpretation for students, scholars and practitioners of international law.

This book offers the first detailed and practical approach for tackling these questions.

2014 228 x 152 mm 375pp 1 table 978-1-107-06772-1 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107067721

Order within Anarchy The Laws of War as an International Institution James D. Morrow University of Michigan, Ann Arbor

The laws of war, primarily the Hague and Geneva Conventions, seek to limit violence during wartime. Order within Anarchy provides a systematic study of when and how these treaties have succeeded in limiting violence.

It analyzes the strategic logic of compliance with treaty law to show the practical problems faced by any such system.

‘Inspired by game theory, Order within Anarchy persuasively argues that international law restrains violence on the battlefield by fostering mutual expectations. Cutting across lines of cleavage in international relations theory, and using a full panoply of research methods, Morrow shows in compelling fashion when and how law can be effective in regulating selfinterested behavior, even under the most challenging conditions.’

David A. Lake, Jerri-Ann and Gary E. Jacobs Professor of Social Sciences and Distinguished Professor of Political Science, University of California, San Diego

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Public international law Textbook

2014 228 x 152 mm 368pp 25 b/w illus.

978-1-107-04896-6 Hardback £60.00 / US$90.00

International Law

978-1-107-62677-5 Paperback £21.95 / US$32.99

Seventh edition Malcolm N. Shaw

For all formats available, see

Essex Court Chambers, London

www.cambridge.org/9781107048966

This new edition of International Law confirms the text’s status as the definitive book on the subject. By offering an unbeatable combination of clarity of expression and academic rigour, the author ensures both understanding and critical analysis. The text has been updated to reflect all case law and treaty developments.

The International Law of Disaster Relief Edited by David D. Caron King’s College London

Michael J. Kelly Creighton University School of Law

and Anastasia Telesetsky University of Idaho School of Law

This edited volume brings together experts, emerging scholars, and practitioners in the field of international disaster law from North America, Japan, New Zealand, and Australia to analyze the evolution of international disaster law as a field that encompasses new ideas about human rights, sovereignty, and technology.

2014 228 x 152 mm 424pp 8 b/w illus.

978-1-107-06131-6 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107061316

Foreign Relations Law Campbell McLachlan Victoria University of Wellington

This unique study of how the UK and Commonwealth legal systems regulate the external exercise and effect of the public power of states will be indispensable to those concerned with the exercise of the foreign relations power and the relationship between public international law and the national legal system.

‘Questions concerning the role of international law before national courts are confronting the courts with constitutional problems as profound as any that have arisen during the past 200 years. This masterly study, by an eminent practitioner and academic, offers both an incisive analysis of the problems and a subtle and precise approach to a solution based upon the methodologies of private international law. It is an outstanding study, carrying the torch of Hersch Lauterpacht and Francis Mann into a new century and a very different world.’

Vaughan Lowe, QC, Emeritus Chichele Professor of Public International Law, University of Oxford 2014 247 x 174 mm 648pp 978-0-521-89985-7 Hardback £125.00 / US$200.00 For all formats available, see

www.cambridge.org/9780521899857

‘By now, generations of international lawyers have learnt their international law from the present textbook. Over the years, Shaw has become the new Oppenheim. Today, Shaw is probably the best textbook on international law. It is, without doubt, the most comprehensive and most up-to-date exposition of the subject. The author displays a masterful treatment of the material. There is no incident of State practice, treaty, Security Council resolution, or court decision of note that is not dealt with in Shaw. If for no other reason than that, this book is an indispensable companion for any student, academic and practitioner of international law.’

Stefan Talmon, University Bonn

Contents: 1. The nature and development of international law; 2. International law today; 3. Sources; 4. International law and municipal law; 5. The subjects of international law; 6. The international protection of human rights; 7. The regional protection of human rights; 8. Individual criminal responsibility in international law; 9. Recognition; 10. Territory; 11. The law of the sea; 12. Jurisdiction; 13. Immunities from jurisdiction; 14. State responsibility; 15. International environmental law; 16. The law of treaties; 17. State succession; 18. The settlement of disputes by peaceful means; 19. The International Court of Justice; 20. International law and the use of force by states; 21. International humanitarian law; 22. The United Nations; 23. International institutions.

2014 246 x 189 mm 1066pp 978-1-107-04086-1 Hardback £80.00 / US$125.00 978-1-107-61249-5 Paperback £39.99 / US$69.99 For all formats available, see

www.cambridge.org/9781107040861

Nationality and Statelessness under International Law Edited by Alice Edwards Office of the United Nations High Commissioner for Refugees, Geneva

and Laura van Waas Universiteit van Tilburg, The Netherlands

Written by leading experts and covering topics such as child statelessness, deprivation of nationality and dual nationality, Nationality and Statelessness under International Law identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

2014 228 x 152 mm 326pp 1 b/w illus.

978-1-107-03244-6 Hardback £70.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107032446

Nuclear Weapons under International Law Edited by Gro Nystuen International Law and Policy Institute, Oslo

Stuart Casey-Maslen Geneva Academy of International Humanitarian Law and Human Rights

and Annie Golden Bersagel International Law and Policy Institute, Oslo

Nuclear Weapons under International Law is a comprehensive assessment of nuclear weapons under current international law. It is the first book to critically review developments in international law governing the use of force and international humanitarian, human rights, disarmament, and environmental law with regard to nuclear weapons.

2014 228 x 152 mm 520pp 1 b/w illus. 2 tables 978-1-107-04274-2 Hardback £95.00 / US$150.00 For all formats available, see

www.cambridge.org/9781107042742

Public international law The Role of ‘Experts’ in International and European DecisionMaking Processes Advisors, Decision Makers or Irrelevant Actors?

Edited by Monika Ambrus Rijksuniversiteit Groningen, The Netherlands

Karin Arts Erasmus Universiteit Rotterdam

Ellen Hey Erasmus Universiteit Rotterdam

and Helena Raulus Erasmus Universiteit Rotterdam

This timely book on the role of ‘experts’ examines the issues raised by experts’ involvement in international and European decision-making processes.

With contributions from leading scholars and practitioners, they theorize the experts’ involvement in general and address their role in specific policy areas.

2014 228 x 152 mm 426pp 4 b/w illus.

978-1-107-07478-1 Hardback £70.00 / US$110.00 For all formats available, see

www.cambridge.org/9781107074781

with respect to national proceedings; Part III. International Prosecutions: 6. The history of international criminal prosecutions: Nuremberg and Tokyo; 7. The ad hoc international criminal tribunals; 8. The International Criminal Court; 9. Other courts with international elements; Part IV. Substantive Law of International Crimes: 10. Genocide; 11. Crimes against humanity; 12. War crimes; 13. Aggression; 14. Transitional crimes, terrorism and torture; 15. General principles of liability; 16. Defences/grounds for excluding criminal responsibility; Part V. Principles and Procedures of International Prosecutions: 17. Procedures of international criminal investigations and prosecutions; 18. Victims in the international criminal process; 19. Sentencing and penalties; Part VI. Relationship between National and International Systems: 20. State cooperation with the International Courts and Tribunals; 21. Immunities; 22. Alternative and complements to criminal prosecution; 23. The future of international criminal law.

2014 247 x 174 mm 625pp 978-1-107-06590-1 Hardback £75.00 / US$120.00 978-1-107-69883-3 Paperback £37.99 / US$59.90 For all formats available, see

Textbook

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

Håkan Friman

www.cambridge.org/9781107065901

The United Nations Security Council in the Age of Human Rights Edited by Jared Genser Georgetown University Law Center

and Bruno Stagno Ugarte

University College London

Security Council Report

Darryl Robinson

This book is the first comprehensive look at the human rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. It provides a broad perspective that describes, explains and evaluates the contribution of the Security Council to the promotion of human rights and how it might more effectively achieve its goals.

Queen’s University, Ontario

and Elizabeth Wilmshurst University College London

In addition to a comprehensive update, this new edition also explores new topics in the field, such as the developing theory of international criminal law. Distinguished by its comprehensive coverage, clear organisation and expert analysis, this edition will continue to be the number one choice for students.

‘This is a comprehensive, yet accessible text. It is widely acclaimed among teachers and researchers of international criminal law, and easily surpasses the competition … This new edition has the authors hallmark quality and rigour.’

Jonathan Doak, Durham University

Contents: Part I. Introduction: 1. Introduction: what is international criminal law?; 2. The aims, objectives and justification of international criminal law; Part II. Prosecutions in National Courts: 3. Jurisdiction; 4. National prosecutions of international crimes; 5. State cooperation

‘For decades the UN Security Council skirted human rights, addressing them sporadically, reluctantly, and typically without reference to binding standards. That began to change with the end of the Cold War, as easing political tensions allowed the Council gradually to act on the fact that upholding the norms against atrocities is intimately connected to its classic mandate of defending international peace and security. Yet even since then, that evolution has been contested, particularly when the Council’s permanent five members fear the topic might come back to haunt them or their close allies.

This exceptional volume of essays provides a comprehensive assessment

41

of the Council’s conflicting views on human rights with more nuance, sophistication, and historical memory than anything else around. It helps us to understand how the shifting battles over human rights are being waged in the Council and provides guidance as to how the Council can more effectively defend our rights in the future.’

Kenneth Roth, Executive Director, Human Rights Watch 2014 228 x 152 mm 544pp 1 b/w illus. 2 maps 978-1-107-04007-6 Hardback £75.00 / US$115.00 For all formats available, see

www.cambridge.org/9781107040076

Cultural Heritage in International Investment Law and Arbitration Valentina Vadi New York University

Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

2014 228 x 152 mm 374pp 978-1-107-03848-6 Hardback £70.00 / US$115.00 For all formats available, see

www.cambridge.org/9781107038486

Negotiating State and Non-State Law The Challenge of Global and Local Legal Pluralism Edited by Michael Helfand Pepperdine University School of Law

This volume addresses the relationship between the nation-state and various forms of non-state law, considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

ASIL Studies in International Legal Theory

2015 228 x 152 mm 336pp 978-1-107-08376-9 Hardback £65.00 / US$99.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107083769

Visit our website at www.cambridge.org/academic

42

Public international law The International Law of Offshore Installations Through Fragmentation towards Better Governance Seline Trevisanut Rijksuniversiteit te Utrecht, The Netherlands

Offshore installations rise in number and importance. A plethora of instruments and related bureaucracies regulate them, sometimes in complete isolation from one another. By examining the fragmented and dissected legal material that does exist, and its underlying principles and structures, this book spells out an ‘international law of offshore installations’.

Cambridge Studies in International and Comparative Law

2015 228 x 152 mm 250pp 978-1-107-09892-3 Hardback c. £65.00 / c. US$99.00 Publication October 2015 For all formats available, see

accessible to lawyers and non-lawyers alike.

‘This book is an accessible and thorough analysis of the current state of play in the Central Arctic Ocean and its five bordering coastal states, an area where the combination of melting sea-ice and the growing demand for oil and gas has increased international interest in resource exploration, shipping rights and environmental protection. Written with passion and first-hand experience of the subject, International Law and the Arctic reminds us that we cannot ignore the importance of the Arctic to Canada and all its people.’

Donner Prize Jury

Donner Prize 2014 - Winner Cambridge Studies in International and Comparative Law, 103

2014 229 x 152 mm 342pp 1 map 978-1-107-47090-3 Paperback £23.99 / US$35.99

www.cambridge.org/9781107098923

Also available 978-1-107-04275-9 Hardback £65.00 / US$99.00

New in Paperback

For all formats available, see

State Responsibility The General Part James Crawford University of Cambridge

James Crawford’s critical, in-depth review of the responsibility of states for acts contrary to international law also examines issues of dispute settlement in relation to responsibility and the connections between institutions, rules and practice. It fully reflects the ILC’s work (led in its final stages by Crawford) and subsequent developments.

Cambridge Studies in International and Comparative Law, 100

2014 228 x 152 mm 912pp 978-1-107-47778-0 Paperback £34.99 / US$59.99 Also available 978-0-521-82266-4 Hardback £90.00 / US$150.00 For all formats available, see

www.cambridge.org/9781107477780

www.cambridge.org/9781107470903

Forum Shopping in International Adjudication The Role of Preliminary Objections Luiz Eduardo Salles

International Law and the Arctic Michael Byers University of British Columbia, Vancouver

Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. International Law and the Arctic explains these developments in a manner that is

Cambridge Studies in International and Comparative Law, 109

2014 228 x 152 mm 270pp 978-1-107-05531-5 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107055315

The New Entrants Problem in International Fisheries Law Andrew Serdy University of Southampton

Is international fisheries law inevitably moving towards a property-rights regime? Despite RFMOs already perceptibly adopting this approach, they are ambivalent about it and its consequences remain underanalysed.

In this book, Andrew Serdy explores the implications revealed by the practice of fishing States and RFMOs and suggests ways forward.

Cambridge Studies in International and Comparative Law, 111

2015 228 x 152 mm 446pp 2 b/w illus.

978-1-107-00156-5 Hardback £80.00 / US$135.00 Publication April 2015 For all formats available, see

www.cambridge.org/9781107001565

Barretto Ferreira e Brancher (BKBG), São Paulo

International adjudication is changing, and so is the international lawyer’s toolbox. This book discusses the recent multiplication of international tribunals and focuses on widely used procedural objections (namely preliminary objections) as a means to tackle the emerging phenomenon of forum shopping in public international law.

Cambridge Studies in International and Comparative Law, 105

2014 228 x 152 mm 370pp 1 b/w illus.

978-1-107-03596-6 Hardback £75.00 / US$120.00 For all formats available, see

New in Paperback

Reconstruction combines detailed accounts of extant international law with case studies of the practice in Sierra Leone and Afghanistan.

www.cambridge.org/9781107035966

Popular Governance of Post-Conflict Reconstruction The Role of International Law Matthew Saul Universitetet i Oslo

How can a population influence decision-making on post-conflict reconstruction? Written with scholars, practitioners, and students of international law and politics in mind, Popular Governance of Post-Conflict

Investment Treaty Arbitration as Public International Law Procedural Aspects and Implications Eric De Brabandere Universiteit Leiden

This book presents an account of investment treaty arbitration as a part of public international law and examines the procedural implications of conceiving of this method of dispute settlement in such a way, with regards to issues such as the principles of confidentiality and privacy, and remedies.

Cambridge Studies in International and Comparative Law, 112

2014 228 x 152 mm 262pp 978-1-107-06687-8 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107066878

Public international law Strategically Created Treaty Conflicts and the Politics of International Law Surabhi Ranganathan University of Warwick

Treaty conflicts are often deliberately created to challenge or change legal regimes. What does this say about the role of law in international affairs? This book examines modern legal thought and practice, with detailed studies of conflict dynamics in nuclear governance, international criminal justice and the law of the sea.

Cambridge Studies in International and Comparative Law, 113

2014 228 x 152 mm 484pp 1 table 978-1-107-04330-5 Hardback £75.00 / US$115.00 For all formats available, see

www.cambridge.org/9781107043305

Sugar and the Making of International Trade Law

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law Evelyne Schmid Universität Basel, Switzerland

Since 2006, scholars and practitioners have debated whether transitional justice and international criminal law could and/or should engage with economic, social and cultural abuses.

Evelyne Schmid’s systematic examination of the question will appeal to those working in international criminal law, human rights law, international humanitarian law and post-conflict justice reform.

Cambridge Studies in International and Comparative Law, 117

2015 228 x 152 mm 416pp 2 b/w illus. 1 table 978-1-107-06396-9 Hardback £75.00 / US$120.00

43

Proportionality and Deference in Investor-State Arbitration Balancing Investment Protection and Regulatory Autonomy Caroline Henckels University of Melbourne

Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an appropriately deferential standard of review.

Cambridge Studies in International and Comparative Law, 122

2015 228 x 152 mm 200pp 978-1-107-08790-3 Hardback c. £60.00 / c. US$99.00

Publication March 2015

Publication September 2015

For all formats available, see

For all formats available, see

www.cambridge.org/9781107063969

www.cambridge.org/9781107087903

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

Legal Perspectives on Security Institutions

Daniëlla Dam-de Jong

This book provides insights into the legal issues surrounding the evolution of national, regional and international institutions, with particular emphasis on their responses to contemporary security challenges. It is essential reading for those seeking to understand the implications for the rule of law and the legitimacy of security institutions.

Michael Fakhri University of Oregon

Why have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties.

Cambridge Studies in International and Comparative Law, 114

2014 228 x 152 mm 276pp 978-1-107-04052-6 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107040526

Mestizo International Law

Universiteit Leiden

Natural resource wealth is conducive to a country’s development, but such resources can also finance and fuel armed conflicts. This book assesses the role of international law in preventing natural resources from fuelling armed conflict and in improving their governance for the purposes of conflict resolution and prevention.

Cambridge Studies in International and Comparative Law, 121

A Global Intellectual History 1842–1933 Arnulf Becker Lorca

2015 228 x 152 mm 496pp 978-1-107-09383-6 Hardback £89.99 / US$142.00

Brown University, Rhode Island

Publication June 2015

How did European international law become a legal regime with a global scope? Arnulf Becker Lorca argues that the appropriation of international legal thinking by peripheral lawyers explains the nineteenth-century globalization of international law and the early twentieth-century development of basic doctrines such as self-determination.

For all formats available, see

Edited by Hitoshi Nasu Australian National University, Canberra

and Kim Rubenstein Australian National University, Canberra

Connecting International Law with Public Law

2015 228 x 152 mm 450pp 1 b/w illus.

978-1-107-10278-1 Hardback c. £75.00 / c. US$120.00 Publication July 2015 For all formats available, see

www.cambridge.org/9781107102781

www.cambridge.org/9781107093836

Cambridge Studies in International and Comparative Law, 115

2015 228 x 152 mm 420pp 978-0-521-76338-7 Hardback £80.00 / US$130.00 For all formats available, see

www.cambridge.org/9780521763387

eBooks available at www.cambridge.org/ebookstore

44

Public international law Fraudulent Evidence before Public International Tribunals

The Foundation of the ASEAN Economic Community

The Dirty Stories of International Law W. Michael Reisman

An Institutional and Legal Profile Stefano Inama

Yale University, Connecticut

and Edmund W. Sim

and Christina Skinner

Appleton Luff, Singapore

Zuckerman Spaeder LLP, New York

Comprehensive review and analysis of the economic integration of Southeast Asia through the ASEAN Economic Community (AEC), insightful to policymakers, practitioners and businesses. Through comparisons with the EU and NAFTA, it explores the potential of regional economic development in ASEAN, its foundational and institutional deficiencies, as well as suggested improvements.

Considers egregious cases of ethically dubious behaviour before public international tribunals.

Hersch Lauterpacht Memorial Lectures, 21

2014 228 x 152 mm 234pp 978-1-107-06339-6 Hardback £55.00 / US$90.00 For all formats available, see

www.cambridge.org/9781107063396

From Community to Compliance?

The Evolution of Monitoring Obligations in ASEAN Simon Chesterman

UNCTAD, Geneva, Switzerland

Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration, 5

2015 216 x 138 mm 640pp 3 b/w illus. 4 tables 978-1-107-49813-6 Paperback £59.99 / US$79.99

National University of Singapore

Publication March 2015

The Association of Southeast Asian Nations (ASEAN) was, for much of its history, little more than a talk-shop.

This book examines efforts to make it a serious regional organisation and will be of interest to those working in Asian studies, political science, international relations, international law, and economic integration.

For all formats available, see

Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration, 2

University of Cambridge

2015 216 x 138 mm 208pp 3 b/w illus.

978-1-107-49051-2 Paperback £39.99 / US$40.00

International Court of Justice

Publication March 2015 For all formats available, see

www.cambridge.org/9781107490512

Towards a Rules-Based Community: An ASEAN Legal Service Jean-Claude Piris Piris Consulting, SPRL

and Walter Woon Piris Consulting, SPRL

The first book to focus on the need for an effective ASEAN legal service. The evolution of ASEAN, the making of rules and its settling of disputes is analysed, followed by practical recommendations for the function and structure of the legal service, based on the practical experience of the authors.

Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration, 3

2015 216 x 138 mm 240pp 978-1-107-49526-5 Paperback £39.99 / US$40.00 Publication March 2015 For all formats available, see

www.cambridge.org/9781107495265

www.cambridge.org/9781107498136

Key Reference

International Law Reports Volume 156 Edited by Elihu Lauterpacht Christopher Greenwood and Karen Lee University of Cambridge

The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts.

Volume 156 reports on, amongst others, the 2012 Provisional Measures Order of the International Tribunal for the Law of the Sea in The ARA Libertad (Argentina v. Ghana) together with the 2013 judgment of the Supreme Court of Ghana on the immunity of warships, the 2013 judgment of the European Court of Human Rights in Vinter and Others v. United Kingdom, and the 2011 and 2012 judgments of the English High Court in Mutua and Others v. Foreign and Commonwealth Office.

International Law Reports, 156

2014 219 x 146 mm 806pp 978-1-107-05883-5 Hardback £160.00 / US$260.00 For all formats available, see

www.cambridge.org/9781107058835

Key Reference

International Law Reports Volume 157 Edited by Elihu Lauterpacht University of Cambridge

Christopher Greenwood International Court of Justice

and Karen Lee University of Cambridge

Volume 157 reports on, amongst others, the International Court of Justice Legality of Use of Force cases, the December 2013 Final Award and Decision on the Request for Clarification of the Court of Arbitration in the Indus Waters Kishenganga Arbitration, and the Translation of the German Decision of the Federal Prosecutor General to Terminate Proceedings in the Aerial Drone Deployment case.

International Law Reports, 157

2015 219 x 146 mm 700pp 978-1-107-05886-6 Hardback c. £160.00 / c. US$260.00 Publication May 2015 For all formats available, see

www.cambridge.org/9781107058866

Key Reference

International Law Reports Volume 158 Edited by Elihu Lauterpacht University of Cambridge

Christopher Greenwood International Court of Justice

and Karen Lee University of Cambridge

Volume 158 reports on, amongst others, the 2014 judgment of the Nepalese Supreme Court in JuRI-Nepal (Justice and Rights Organization) v. Government of Nepal, the 2014 judgment of English Court of Appeal in Regina v.

Newell (following on from judgment of European Court of Human Rights in Vinter v. United Kingdom reported in 156 ILR 115) and the Retrial judgment of International Criminal Tribunal for the Former Yugoslavia in Prosecutor v.

Haradinaj, Balaj and Brahimaj.

International Law Reports, 158

2015 219 x 146 mm 700pp 978-1-107-05889-7 Hardback c. £160.00 / c. US$260.00 Publication June 2015 For all formats available, see

www.cambridge.org/9781107058897

Public international law / Socio-legal studies Highlight

Highlight

Principles of Shared Responsibility in International Law

A Farewell to Fragmentation

An Appraisal of the State of the Art Edited by André Nollkaemper Universiteit van Amsterdam

and Ilias Plakokefalos Universiteit van Amsterdam

This volume examines to what extent the dominant principles of international responsibility can address scenarios in which multiple actors combine to produce harmful outcomes. From the perspective of shared responsibility, the contributors explore the potentials and limitations of current law and provide a basis for further development.

Shared Responsibility in International Law, 1

2014 228 x 152 mm 397pp 1 table 978-1-107-07851-2 Hardback £75.00 / US$120.00 For all formats available, see

Reassertion and Convergence in International Law Edited by Mads Andenas Universitetet i Oslo University of Oxford

Explores the role of the International Court of Justice in the re-convergence of international law. The book contends that the court’s jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

Studies on International Courts and Tribunals

2015 228 x 152 mm 524pp 978-1-107-08209-0 Hardback c. £65.00 / c. US$99.00 Publication June 2015 For all formats available, see

www.cambridge.org/9781107082090

Distribution of Responsibilities in International Law

Socio-legal studies

Universiteit Leiden

International law provides only limited guidance for distributing responsibility among multiple wrongdoing actors.

Drawing on various disciplines (including political theory, moral philosophy, and law and economics), this book explores possible grounds for such distribution of responsibility. It provides a basis for critique, and for the further development of international law.

Shared Responsibility in International Law, 2

2015 228 x 152 mm 375pp 978-1-107-10708-3 Hardback c. £65.00 / c. US$99.00 Publication September 2015 For all formats available, see

www.cambridge.org/9781107107083

978-1-107-66834-8 Paperback £19.99 / US$29.99 Publication March 2015 For all formats available, see

www.cambridge.org/9781107070042

Sexting and Cyberbullying Defining the Line for Digitally Empowered Kids Shaheen Shariff McGill University, Montréal

Directed at policy makers, legislators, educators, parents, members of the legal community, and anyone concerned about current public policy responses to sexting and cyberbullying, this book examines the lines between online joking and legal consequences. It offers an analysis of reactive versus preventive legal and educational responses to these issues.

2015 228 x 152 mm 232pp 12 b/w illus.

978-1-107-01991-1 Hardback £50.00 / US$80.00 978-1-107-62517-4 Paperback £19.99 / US$29.99 Publication February 2015 For all formats available, see

Universiteit van Amsterdam

and Dov Jacobs

2015 228 x 152 mm 376pp 978-1-107-07004-2 Hardback £55.00 / US$85.00

and Eirik Bjorge

www.cambridge.org/9781107078512

Edited by André Nollkaemper

45

Highlight

In Defense of Uncle Tom Why Blacks Must Police Racial Loyalty Brando Simeo Starkey University of San Diego School of Law

This book shadows the usage of the racial slur ‘Uncle Tom’ throughout history to understand how social norms associated with the phrase were constructed, disseminated, applied, and enforced. Brando Simeo Starkey provocatively argues that blacks must police racial loyalty and that those successfully prosecuted must be punished with the label Uncle Tom. Advance praise: ‘In Defense of Uncle Tom is a bracing, brilliant and provocative analysis of how black folk have identified race traitors and enforced healthy social norms to protect ourselves. Starkey takes no prisoners as he names and names and argues forcefully for us to continue the art of policing black racial loyalty – while skillfully dividing the wheat of legitimate charges of racial disloyalty from the chaff of weaker or false claims. In Defense of Uncle Tom expertly guides us through the explosive terrain and polluted waters of black racial loyalty.’

Michael Eric Dyson

www.cambridge.org/9781107019911

A World without Privacy What Law Can and Should Do? Edited by Austin Sarat Amherst College, Massachusetts

Can the law keep up with emerging threats to privacy and provide effective protection against new forms of surveillance? This book considers several different understandings of privacy and provides examples of legal responses to the threats associated with new modalities of surveillance, the rise of digital technology, and the continuing war on terror.

2014 228 x 152 mm 287pp 2 b/w illus.

978-1-107-08121-5 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107081215

Access to Justice in Iran Women, Perceptions, and Reality Sahar Maranlou University of Warwick School of Law

A critical and in-depth analysis of access to justice from international and Islamic perspectives. It evaluates the historical development of the justice sector in Iran and discusses issues including

Visit our website at www.cambridge.org/academic

46

Socio-legal studies legal empowerment of women, performance of the justice sector, judicial independence, efficiency and accessibility, and normative protection, together with an analysis of barriers.

citizens whose everyday lives are – often unwittingly – impacted by the issues she raises.’

2014 228 x 152 mm 273pp 9 b/w illus. 8 tables 978-1-107-07260-2 Hardback £65.00 / US$99.00

2014 228 x 152 mm 488pp 978-1-107-08744-6 Hardback £55.00 / US$75.00

For all formats available, see

www.cambridge.org/9781107072602

Hella Winston, journalist and author of Unchosen: The Hidden Lives of Hasidic Rebels

Edited by Austin Sarat Amherst College, Massachusetts

Civility, Legality, and Justice in America charts the uses of civility in American legal and political discourse. This book brings the work of several distinguished scholars together to critically assess the relative claims of civility and justice and the way law weighs those virtues.

2014 228 x 152 mm 177pp 978-1-107-06371-6 Hardback £50.00 / US$80.00 978-1-107-67559-9 Paperback £18.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107063716

God vs. the Gavel The Perils of Extreme Religious Liberty Second edition Marci A. Hamilton Benjamin N. Cardozo School of Law, Yeshiva University

God vs. the Gavel: The Perils of Extreme Religious Liberty sets the record straight about the United States’ move toward extreme religious liberty. This thoroughly revised second edition features a new introduction and epilogue and many contemporary examples.

‘In this highly readable and timely book, Marci Hamilton sheds much needed light on the ways in which religious groups and institutions – often aided and abetted by ‘dealmaker’ politicians – enjoy special treatment under the law, often to the detriment of others and the broader society. Highlighting the key distinction between religious belief and behavior, Hamilton argues that while freedom of religious belief deserves absolute constitutional protection, actions undertaken in the name of religion must be limited when they cause harm. This deceptively simple message, illuminated by Hamilton’s impressive scholarship, deserves the attention not only of scholars, lawmakers, and religious practitioners, but also of average

Cambridge Disability Law and Policy Series

2015 228 x 152 mm 226pp 3 b/w illus. 8 tables 978-1-107-04917-8 Hardback £65.00 / US$99.00 For all formats available, see

978-1-107-45655-6 Paperback £19.99 / US$27.99

www.cambridge.org/9781107049178

For all formats available, see

eQuality

www.cambridge.org/9781107087446

Civility, Legality, and Justice in America

Nations Convention on the Rights of Persons with Disabilities.

Organ Donation and the Divine Lien in Talmudic Law Madeline Kochen University of Michigan Law School

This book offers a new theory of property and distributive justice derived from Talmudic law, illustrated by a case study involving the sale of organs for transplant. Although organ donation did not exist in late antiquity, this book posits a new way, drawn from the Talmud, to conceive of this modern means of giving to others.

‘Madeline Kochen’s interpretation of Jewish legal principles opens a new window onto the ethics of organ donation. Her illuminating take on Talmudic property law suggests a new kind of transaction that is neither a sale nor a gift. Solving contemporary problems with ancient wisdom, Kochen argues that God may give the gift of life but we have the power to imitate God by saving lives while enabling others to redeem their claims on us. A stunning achievement.’

Joseph William Singer, Bussey Professor of Law, Harvard Law School 2014 228 x 152 mm 276pp 978-0-521-49338-3 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9780521493383

Family Policy and Disability Arie Rimmerman University of Haifa, Israel

This book explores the status and scope of family policies related to households of children with disabilities, providing an in-depth, evidence-based review of legal, programmatic issues. It identifies the critical role of family-centered policies, as expressed in the United

The Struggle for Web Accessibility by Persons with Cognitive Disabilities Peter Blanck Syracuse University, New York

Never before have the civil rights of people with disabilities aligned so well with developments in information and communication technology. This book is about the struggle for disability rights, with a focus on Web equality for people with cognitive disabilities, such as intellectual disabilities, autism, and print-related disabilities.

‘We must do our best to invite people with cognitive disabilities to become an integral part of our digital world.

It’s their right. It’s society’s gain.

It’s the right thing to do. So, hooray for eQuality! And hooray for Peter Blanck’s high achievement in the publication of this pathbreaking book.’

David Braddock, Professor and Director of the Coleman Institute for Cognitive Disabilities, University of Colorado Cambridge Disability Law and Policy Series

2014 228 x 152 mm 501pp 978-1-107-05180-5 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107051805

Tying the Autocrat’s Hands The Rise of The Rule of Law in China Yuhua Wang University of Pennsylvania

Tying the Autocrat’s Hands provides a comprehensive, empirical evaluation of legal reforms in contemporary China. Based on the author’s extensive fieldwork and analyses of original data, the book tells a story in which foreign investors with weak political connections push for judicial empowerment in China, while Chinese investors struggle to hold on to their privileges.

‘Tying the Autocrat’s Hands is a terrific study that sets out a major new thesis and makes use of several amazing sources of data to test it. It is one of the best studies of rule of law in

Socio-legal studies authoritarian systems that I have seen, and a major contribution to the vast literature on the rise of China as well.’

John Ferejohn, Samuel Tilden Professor of Law, New York University School of Law Cambridge Studies in Comparative Politics

2014 228 x 152 mm 216pp 41 b/w illus. 2 maps 978-1-107-07174-2 Hardback £60.00 / US$90.00 For all formats available, see

www.cambridge.org/9781107071742

The Punisher’s Brain The Evolution of Judge and Jury Morris B. Hoffman University of Colorado Boulder

Why do we punish, and why do we forgive? Are these learned behaviors, or is there something deeper going on?

This book argues that there is indeed something deeper going on, and that our essential response to the killers, rapists, and other wrongdoers among us has been programmed into our brains by evolution. Using evidence and arguments from neuroscience and evolutionary psychology, Morris B. Hoffman traces the development of our innate drives to punish – and to forgive – throughout human history. He describes how, over time, these innate drives became codified into our present legal systems and how the responsibility and authority to punish and forgive was delegated to one person – the judge – or a subset of the group – the jury.

Hoffman shows how these urges inform our most deeply held legal principles and how they might animate some legal reforms.

‘A thought-provoking and engaging look at one of the oldest questions in morality and law – what is the point of punishment? With advances in the biological study of human nature, increased awareness of long-term historical progress in our attitudes toward retribution, and new concerns about current incarceration practices, this is an especially timely and important book.’

Steven Pinker, Johnstone Professor of Psychology, Harvard University, and author of The Blank Slate and The Better Angels of Our Nature Cambridge Studies in Economics, Choice, and Society

2014 228 x 152 mm 368pp 10 b/w illus.

978-1-107-03806-6 Hardback £21.99 / US$30.00 For all formats available, see

Lost in China?

Law, Culture and Identity in Post1997 Hong Kong Carol A. G. Jones University of Wolverhampton

The 2014 ‘Umbrella Revolution’ in Hong Kong saw hundreds of thousands of demonstrators on the streets, the culmination of rising fears and frustrations about the loss of Hong Kong’s core values – principally the rule of law – since 1997. Carol Jones examines how and why this resistance arose.

Cambridge Studies in Law and Society

2015 228 x 152 mm 288pp 978-1-107-09337-9 Hardback £69.99 / US$110.00

Ironies of Colonial Governance Law, Custom and Justice in Colonial India James Jaffe University of Wisconsin, Whitewater

Ironies of Colonial Governance analyses the ideas and practices which characterized the governing of colonial India. It focuses on the history of the customary Indian village council and traces how the ideal of the village council became an essential aspect of both colonial governance and nationalist ideology.

Cambridge Studies in Law and Society

For all formats available, see

2015 228 x 152 mm 352pp 2 b/w illus. 1 map 13 tables 978-1-107-08792-7 Hardback £65.00 / US$99.00

www.cambridge.org/9781107093379

Publication March 2015

Publication May 2015

47

For all formats available, see

The Quiet Power of Indicators Measuring Development, Corruption, and the Rule of Law Edited by Sally Engle Merry New York University

Kevin Davis New York University

and Benedict Kingsbury New York University

This highly accessible volume investigates the rankings that increasingly define perceptions of countries’ rule of law, governance, corruption, freedom, and democracy.

Special attention is given to viewpoints in countries impacted by rankings, with authors from Romania, Albania, Colombia, Kenya and South Africa, as well as the US and the UK. Cambridge Studies in Law and Society

2015 228 x 152 mm 360pp 8 b/w illus. 9 tables 978-1-107-07520-7 Hardback £60.00 / US$95.00 978-1-107-42787-7 Paperback £22.99 / US$34.99 Publication May 2015 For all formats available, see

www.cambridge.org/9781107075207

www.cambridge.org/9781107087927

Transnational Legal Orders Edited by Terence C. Halliday American Bar Foundation

and Gregory Shaffer University of California, Irvine

Transnational Legal Orders offers an empirically grounded theory that reframes the study of law and society. Taking an original approach to the emergence of legal orders beyond nation-states, it shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders.

Advance praise: ‘This is a spectacular book that reshapes our approach to global law. Our analytic tools to understand transnational law have lagged badly behind developments in the real world, but these two leading sociolegal scholars and their all-star set of contributors have come to our rescue. Developing an empirically grounded theory, Halliday and Shaffer conceptualize a new approach to the study of law in a global world, and the volume applies it to myriad realms.

This path-breaking collection will set the agenda in the field for many years to come.’

Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago

www.cambridge.org/9781107038066

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48

Socio-legal studies / Taxation / Tort law

Taxation

Tort law

Publication March 2015

The Rise of the Value-Added Tax

For all formats available, see

Kathryn James

Medical Accident Liability and Redress in English and French Law

Cambridge Studies in Law and Society

2015 228 x 152 mm 536pp 31 b/w illus. 15 tables 978-1-107-06992-3 Hardback £80.00 / US$135.00

www.cambridge.org/9781107069923

Religion, Law and Society Russell Sandberg Cardiff University

What can lawyers and sociologists learn from each other about religion in the twenty-first century?

Cambridge Studies in Law and Society

2014 228 x 152 mm 299pp 1 b/w illus.

978-1-107-02743-5 Hardback £65.00 / US$99.00

Monash University, Victoria

This book explores how within less than 50 years the value-added tax (VAT) has risen to become one of the world’s most dominant revenue instruments. It combines policy and legal analysis to propose a new way of understanding this rise so as to better reflect the realities of the VATs that are actually implemented.

Cambridge Tax Law Series

For all formats available, see

2015 228 x 152 mm 496pp 7 b/w illus. 18 tables 978-1-107-04412-8 Hardback £80.00 / US$125.00

www.cambridge.org/9781107027435

Publication March 2015

Simon Taylor Université de Paris Diderot

French law on clinical negligence and compensation of medical accident victims provides a particularly innovative model for potential reform in England and elsewhere. This book will appeal to all those interested in reform in this area as well as in French tort law and comparative tort law more generally.

2015 228 x 152 mm 224pp 978-1-107-10280-4 Hardback c. £90.00 / c. US$145.00 Publication June 2015 For all formats available, see

www.cambridge.org/9781107102804

For all formats available, see

Social Difference and Constitutionalism in Pan-Asia Edited by Susan H. Williams Indiana University, School of Law

This book addresses the role of constitutions and constitutionalism in dealing with the challenges of social difference across Pan-Asia.

Comparative Constitutional Law and Policy

2014 228 x 152 mm 374pp 978-1-107-03627-7 Hardback £65.00 / US$99.00

www.cambridge.org/9781107044128

Value Added Tax A Comparative Approach Second edition Alan Schenk Wayne State University School of Law

Victor Thuronyi Duke University School of Law

and Wei Cui University of British Columbia, Vancouver

The Western Case for Monogamy Over Polygamy

This book integrates legal, economic, and administrative materials about the value added tax (VAT) to present the only comparative approach to the study of VAT law. The second edition includes new VAT-related developments in Europe, Asia, Africa, and Australia and adds new chapters on VAT avoidance and evasion and on China’s VAT.

John Witte, Jr

Cambridge Tax Law Series

Emory University, Atlanta

2015 228 x 152 mm 560pp 1 b/w illus. 23 tables 87 exercises 978-1-107-04298-8 Hardback £90.00 / US$150.00

For all formats available, see

www.cambridge.org/9781107036277

John Witte, Jr documents the historical arguments for monogamy over polygamy in the West from antiquity until today. Weighing traditional arguments alongside modern claims that anti-polygamy laws violate personal and religious freedom, Witte finds that the case against polygamy remains compelling.

Law and Christianity

2015 228 x 152 mm 550pp 23 b/w illus.

978-1-107-10159-3 Hardback c. £70.00 / US$120.00 978-1-107-49917-1 Paperback c. £24.99 / US$49.99 Publication April 2015 For all formats available, see

www.cambridge.org/9781107101593

978-1-107-61762-9 Paperback £45.00 / US$75.00 Publication February 2015 For all formats available, see

www.cambridge.org/9781107042988

Unravelling Tort and Crime Edited by Matthew Dyson University of Cambridge

This innovative and scholarly examination of the relationship between tort and crime in English law combines cutting-edge doctrinal work with more reflexive and questioning historical and comparative content in order to demonstrate how tort and crime are tightly entwined in their history, their present and their theoretical backbone.

2014 228 x 152 mm 462pp 3 b/w illus.

978-1-107-06611-3 Hardback £75.00 / US$120.00 For all formats available, see

www.cambridge.org/9781107066113

A History of Tort Law 1900–1950 Paul Mitchell University College London

This is the first historical study of English tort law during the first half of the twentieth century. It is particularly concerned with how the common law responded to dramatic social changes and with the emergence and operation of the first official body tasked with reforming private law.

Cambridge Studies in English Legal History

2015 228 x 152 mm 386pp 978-0-521-76861-0 Hardback £75.00 / US$120.00 For all formats available, see

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Tort law / UN and international organisations Civil Liability in Europe for TerrorismRelated Risk Lucas Bergkamp Hunton & Williams LLP, Brussels

Michael Faure Erasmus Universiteit Rotterdam

Monika Hinteregger

structures; 11. The bureaucracy; Part III. External Relations: 12. Treatymaking by international organisations; 13. Organisational liaisons; 14. Issues of responsibility; 15. Concluding remarks.

2015 247 x 174 mm 432pp 978-1-107-08050-8 Hardback c. £74.99 / US$120.00

volume contains important lessons for scholars and practitioners alike.

2015 228 x 152 mm 464pp 16 b/w illus. 17 tables 978-1-107-08220-5 Hardback £60.00 / US$95.00 978-1-107-44269-6 Paperback £22.99 / US$34.99

Karl-Franzens-Universität Graz, Austria

978-1-107-43971-9 Paperback c. £36.99 / US$59.99

Publication February 2015

and Niels Philipsen

Publication April 2015

Universiteit Maastricht, Netherlands

www.cambridge.org/9781107082205

For all formats available, see

This book examines liability laws as they relate to terrorism-related damage.

For instance, to what extent are facility operators, governments and security firms in Europe exposed to liability for terrorism-related damage? Furthermore, this book analyzes the policy question of whether legislative measures are necessary.

www.cambridge.org/9781107080508

Cambridge Studies in International and Comparative Law

and Yvonne Donders

2015 228 x 152 mm 280pp 6 tables 978-1-107-10044-2 Hardback c. £65.00 / c. US$99.00

The first book to map the multitude of UN legal instruments relevant for the protection and promotion of the rights to freedom of expression and information. Addresses key issues such as how these rights can come into conflict with other human rights and with public policy goals, such as counterterrorism.

Publication August 2015 For all formats available, see

www.cambridge.org/9781107100442

UN and international organisations

The United Nations and Freedom of Expression and Information Critical Perspectives Edited by Tarlach McGonagle Universiteit van Amsterdam Universiteit van Amsterdam

2015 228 x 152 mm 535pp 1 b/w illus.

978-1-107-08386-8 Hardback £89.99 / US$142.00 Publication April 2015 For all formats available, see

An Introduction to International Organizations Law Third edition Jan Klabbers

Regulating Business for Peace The United Nations, the Private Sector, and Post-Conflict Recovery Jolyon Ford Global Economic Governance Program, University of Oxford

This book is the first to study how peace operations have engaged with business to influence its peace-building impact in fragile and conflict-affected societies.

It argues that weak governance creates a need for international authorities to regulate the social impact of business activity in these places as a special interim duty.

2015 228 x 152 mm 442pp 3 b/w illus. 4 tables 978-1-107-03708-3 Hardback £65.00 / US$99.00 For all formats available, see

www.cambridge.org/9781107037083

Banning the Bang or the Bomb?

International Organizations as Orchestrators

Negotiating the Nuclear Test Ban Regime Edited by I. William Zartman

Edited by Kenneth W. Abbott

Mordechai Melamud

Arizona State University

University of Helsinki

Philipp Genschel

This market leading textbook has been updated extensively to reflect the entry into force of the EU’s Lisbon Treaty and new articles on the responsibility of international organisations. It also includes two new chapters on the international civil service and the relations between organisations and other institutions, respectively.

European University Institute, Florence

Contents: 1. Introduction; 2. The rise of international organisations; Part I. Member States and International Organisations: 3. The legal position of international organisations; 4. International organisations and the law of treaties; 5. Issues of membership; 6. Financing; 7. Privileges and immunities; 8. Legal instruments; 9. Dissolution and succession; Part II. Internal Relations: 10. Institutional

For all formats available, see

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Textbook

Duncan Snidal University of Oxford

and Bernhard Zangl Ludwig-Maximilians-Universität Munchen

International Organizations as Orchestrators analyses how international organizations overcome their lack of authority and resources by ‘orchestrating’ NGOs and other intermediaries, allowing them to govern states and private actors in key areas of international relations, including economics, environment and health. This

49

The Johns Hopkins University The Johns Hopkins University

and Paul Meerts

Analyses the expansion of the nuclear arms control regime, evaluating Comprehensive Test Ban Treaty negotiations and preparations for onsite inspections.

2014 228 x 152 mm 410pp 15 b/w illus. 5 maps 3 tables 978-1-107-04400-5 Hardback £65.00 / US$99.00 For all formats available, see

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50

UN and international organisations / US law Peace Diplomacy, Global Justice and International Agency Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld Edited by Carsten Stahn Universiteit Leiden

and Henning Melber The Dag Hammarskjöld Foundation

This critical review of Hammarskjöld’s legacy as Secretary-General explores the contemporary relevance of his international civil service, agency and leadership.

2014 228 x 152 mm 635pp 1 b/w illus.

978-1-107-03720-5 Hardback £95.00 / US$150.00 For all formats available, see

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Toppling Qaddafi Libya and the Limits of Liberal Intervention Christopher S. Chivvis Rand National Defense Research Institute

A highly readable look at the role of the US and NATO in Libya’s war of liberation, and its lessons for future military interventions.

2014 228 x 152 mm 264pp 16 b/w illus. 5 maps 978-1-107-04147-9 Hardback £60.00 / US$90.00

developed within all three branches of government.

2015 228 x 152 mm 248pp 978-1-107-04247-6 Hardback £59.99 / US$99.99 978-1-107-61653-0 Paperback £21.99 / US$32.99 Publication May 2015 For all formats available, see

The Legacy of Ruth Bader Ginsburg Edited by Scott Dodson University of California Hastings College of Law

In more than four decades as a lawyer, professor, appellate judge, and associate justice of the US Supreme Court, Ruth Bader Ginsburg has influenced the law and society in real and permanent ways.

This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century.

2015 228 x 152 mm 336pp 978-1-107-06246-7 Hardback £19.99 / US$29.99 Publication March 2015 For all formats available, see

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Nina M. Moore

US law Highlight

When Should State Secrets Stay Secret?

Accountability, Democratic Governance, and Intelligence Genevieve Lester Georgetown University School of Foreign Serivce

This book examines modern trends in intelligence oversight development by focusing on how American oversight mechanisms combine to bolster an internal security system and thus increase the secrecy of the intelligence enterprise. It uniquely examines how these oversight mechanisms have

978-1-107-65488-4 Paperback £19.99 / US$29.99 Publication March 2015 For all formats available, see

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www.cambridge.org/9781107042476

The Political Roots of Racial Tracking in American Criminal Justice

www.cambridge.org/9781107041479

2015 228 x 152 mm 406pp 68 b/w illus. 54 tables 978-1-107-02297-3 Hardback £55.00 / US$85.00

Colgate University, New York

This book examines the role of the public and policy makers in enabling the race problem in the American criminal justice system. It illustrates how the problem consists of not only the overrepresentation of blacks in prisons but also the harsher and less sympathetic treatment of blacks throughout the entire criminal process.

Advance praise: ‘American criminal justice policies and practices systematically treat black people differently – worse than other people – and obstruct their full, equal and untrammeled participation in American life. The problems are neither unknown nor insoluble but go unacknowledged and unaddressed in mainstream American politics. Nina Moore compellingly explains how and why that has happened.’

Michael Tonry, McKnight Presidential Professor in Criminal Law and Policy, University of Minnesota

Election Administration in the United States The State of Reform after Bush v. Gore Edited by R. Michael Alvarez California Institute of Technology

and Bernard Grofman University of California, Irvine

Some of the nation’s leading experts look at various aspects of election administration, including issues of ballot format, changes in registration procedures, the growth in the availability of absentee ballot rules and other forms of ‘convenience voting’, and changes in the technology used to record our votes.

‘Bush v. Gore was a momentous case not only for its direct political consequences, but also because it helped to expose the many flaws in America’s antiquated and idiosyncratic electoral system. This book describes and analyzes the progress and frustrations associated with efforts to fix the US election system since the 2000 election drawing upon legal, administrative, political, and democratic theory experts. It is not only a significant work of scholarship from major election law figures. Just as importantly, it offers useful lessons about political reform for those who seek to change the US system in the future.’

Bruce E. Cain, Stanford University 2014 228 x 152 mm 280pp 19 b/w illus. 23 tables 978-1-107-04863-8 Hardback £55.00 / US$85.00 978-1-107-62595-2 Paperback £19.99 / US$29.99 For all formats available, see

www.cambridge.org/9781107048638

Covering the United States Supreme Court in the Digital Age Edited by Richard Davis Brigham Young University, School of Law

The US Supreme Court seeks to withhold information about its deliberations, while the press’s job is to report this information. This volume examines how these conflicting objectives create tension between the justices and reporters, with chapters on coverage of

US law / Also of interest the institution, the media’s approach to the docket, and the effects of coverage on public opinion.

‘The relationship between the US Supreme Court and the news media has always been fraught with tension, as journalists seek to cover an institution that covets its privacy and secrecy. The rapid development of new media platforms and technology has only intensified these strains.

This book takes a comprehensive and engaging look at the relationship today and in the past. Both the media and the judiciary have much to learn from its findings.’

Tony Mauro, Supreme Court correspondent for The National Law Journal and the Supreme Court Brief newsletter 2014 228 x 152 mm 280pp 14 b/w illus.

978-1-107-05245-1 Hardback £65.00 / US$99.00 For all formats available, see

that meaning has remained uncertain and contested. Kurt Lash’s approach to the question has been to do something not previously attempted by historians or legal scholars: read all the available literature by antebellum and Reconstructionera contemporaries on the subject.

As a result he has gone far toward producing a definitive account of the Clause’s history, and shown how contemporaries understood the ‘rights’ contained in that Clause as sharply distinct from those contained in the Privileges and Immunities Clause of Article IV of the Constitution.

Building on that distinction, Lash has fashioned a compelling argument as to how the original meaning of the Privileges or Immunities Clause should be understood.’

G. Edward White, David and Mary Harrison Distinguished Professor and University Professor, University of Virginia School of Law

www.cambridge.org/9781107052451

2014 228 x 152 mm 326pp 1 b/w illus.

978-1-107-02326-0 Hardback £65.00 / US$99.00

New in Paperback

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Presidents and Civil Liberties from Wilson to Obama

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A Story of Poor Custodians Samuel Walker University of Nebraska, Omaha

This is the first book to examine the civil liberties records of American presidents from Woodrow Wilson to Barack Obama.

2014 234 x 156 mm 570pp 9 b/w illus.

978-1-107-67708-1 Paperback £29.99 / US$44.99 Also available 978-1-107-01660-6 Hardback £79.99 / US$129.99 For all formats available, see

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The Fourteenth Amendment and the Privileges and Immunities of American Citizenship Kurt T. Lash University of Illinois

This exhaustively researched book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.

It follows the evolution in public understanding of ‘the privileges and immunities of citizens of the United States’, from the early years of the Constitution to the election of 1866.

‘There has been a great deal of commentary on the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment, but

Democracy More or Less America’s Political Reform Quandary Bruce Cain Stanford University, California

Why do American political reform efforts so often fail to solve the problems they intend to fix? In this book, Bruce E. Cain argues that the reasons are an unrealistic civic ideal of a fully informed and engaged citizenry and a neglect of basic pluralist principles about political intermediaries.

‘Everyone talks about the dysfunction of American politics, but very few people have practical or thoughtthrough ideas on what to do about it. Bruce Cain has studied this topic extensively as a scholar and has first-hand experience in the cauldron of California’s ongoing experiments in structural reform. In this book he explains the conceptual weakness in today’s most popular reform proposals and offers a convincing alternative.

I hope this book informs media, academic and public discussions of a way out of our political morass.’

James Fallows, National Correspondent, The Atlantic Cambridge Studies in Election Law and Democracy

2015 228 x 152 mm 224pp 978-1-107-03963-6 Hardback £50.00 / US$75.00 978-1-107-61226-6 Paperback £17.99 / US$27.99 For all formats available, see

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51

The Measure of American Elections Edited by Barry C. Burden University of Wisconsin, Madison

and Charles Stewart, III Massachusetts Institute of Technology

This book brings together leading scholars to examine the performance of elections across the United States, using a data-driven perspective. It represents a transformation in debates about election reform toward using scientific analysis to evaluate the conduct of contemporary elections. The authors harness the power of newly available data to document all aspects of election administration.

‘This book is the first of its kind, is highly relevant to ongoing policy debates, and is sure to become the touchstone for the field. The papers are technically rigorous, accessible to a general audience, and produced by some of the very best political scientists in the field.’

Heather K. Gerken, J. Skelly Wright Professor of Law, Yale Law School Cambridge Studies in Election Law and Democracy

2014 228 x 152 mm 384pp 46 b/w illus. 53 tables 978-1-107-06667-0 Hardback £65.00 / US$99.00 978-1-107-69991-5 Paperback £24.99 / US$34.99 For all formats available, see

www.cambridge.org/9781107066670

Also of interest Climate Change 2014: Mitigation of Climate Change Working Group III Contribution to the IPCC Fifth Assessment Report Intergovernmental Panel on Climate Change

This latest Fifth Assessment Report will again form the standard reference for all those concerned with climate change and its consequences, including students, researchers and policy makers in environmental science, meteorology, climatology, biology, ecology, atmospheric chemistry and environmental policy.

2015 279 x 216 mm 750pp 600 colour illus. 100 tables 978-1-107-05821-7 Hardback £119.99 / US$189.99 978-1-107-65481-5 Paperback £59.99 / US$30.00 Publication March 2015 For all formats available, see

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For regular email alerts visit www.cambridge.org/alerts

52

Also of interest Climate Change 2014 – Impacts, Adaptation and Vulnerability: Part A: Global and Sectoral Aspects Working Group II Contribution to the IPCC Fifth Assessment Report Volume 1: Global and Sectoral Aspects Intergovernmental Panel on Climate Change

This latest Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) will again form the standard reference for all those concerned with climate change and its consequences, including students, researchers and policy makers in environmental science, meteorology, climatology, biology, ecology, atmospheric chemistry and environmental policy.

2015 279 x 216 mm 1150pp 141 colour illus. 100 tables 978-1-107-05807-1 Hardback £120.00 / US$190.00 978-1-107-64165-5 Paperback £59.99 / US$99.99 Publication February 2015 For all formats available, see

Climate Change 2013 – The Physical Science Basis Working Group I Contribution to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change Intergovernmental Panel on Climate Change

This latest Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) will again form the standard scientific reference for all those concerned with climate change and its consequences, including students, researchers and policy makers in environmental science, meteorology, climatology, biology, ecology, atmospheric chemistry, and environmental policy.

Review of the Fourth Assessment Report – Climate Change 2007: ‘… a milestone for climate change science and policy.’

Science 2014 279 x 216 mm 1552pp 609 colour illus. 189 tables 978-1-107-05799-9 Hardback £120.00 / US$190.00

www.cambridge.org/9781107058071

978-1-107-66182-0 Paperback £60.00 / US$99.00

Climate Change 2014 – Impacts, Adaptation and Vulnerability: Part B: Regional Aspects

For all formats available, see

Working Group II Contribution to the IPCC Fifth Assessment Report Volume 2: Regional Aspects Intergovernmental Panel on Climate Change

This latest Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) will again form the standard reference for all those concerned with climate change and its consequences, including students, researchers and policy makers in environmental science, meteorology, climatology, biology, ecology, atmospheric chemistry and environmental policy.

2015 279 x 216 mm 750pp 65 colour illus. 52 tables 978-1-107-05816-3 Hardback £120.00 / US$190.00 978-1-107-68386-0 Paperback £59.99 / US$99.99 Publication February 2015 For all formats available, see

www.cambridge.org/9781107058163

www.cambridge.org/9781107057999

Free Expression, Globalism, and the New Strategic Communication Monroe E. Price Annenberg School for Communication, University of Pennsylvania

Building on examples drawn from the Arab Spring, the shaping of the internet in China, Iran’s perception of foreign broadcasting, and Russia’s media interventions, this book exposes the anxieties of loss of control and the missed opportunities for greater freedom of expression that result from the vast changes in technologies and geopolitics.

Advance praise: ‘… Monroe Price challenges and transforms the way we observe, study and think about power and communications in society. A vivid, erudite and ambitious update of the theory of free expression – highly needed at a time of radical change in technology and geo-politics. Eloquent and masterly written, packed with surprising connections and refreshing metaphors. Price’s ‘architecture of information flows’ construction thesis elaborated throughout the book is

utterly enlightening – complimenting his prominent ‘market for loyalties’ argument. A book without any peer.’

Stefaan G. Verhulst, Co-Founder and Chief of Research and Development, The GovLab, New York University 2015 228 x 152 mm 304pp 978-1-107-07251-0 Hardback £55.00 / US$85.00 978-1-107-42093-9 Paperback £19.99 / US$32.99 Publication February 2015 For all formats available, see

www.cambridge.org/9781107072510

The Politics of Major Policy Reform in Postwar America Edited by Jeffery A. Jenkins University of Virginia

and Sidney M. Milkis University of Virginia

This book considers the politics of major programmatic reforms in the United States since the Second World War. The authors offer a comprehensive understanding of major policy breakthroughs by examining nine critical issues spanning civil rights, social welfare, trade, immigration and national security.

‘Framed by a resonant introduction, this volume powerfully places policy content at the heart of American lawmaking and statecraft. Here is that unusual instance when a collection of rigorously researched and argued essays constitutes a large and compelling intellectual contribution, a manifesto for a content-rich political science.’

Ira I. Katznelson, Ruggles Professor of Political Science and History, Columbia University 2015 228 x 152 mm 329pp 13 b/w illus. 4 tables 978-1-107-03498-3 Hardback £60.00 / US$90.00 978-1-107-66848-5 Paperback £22.99 / US$32.99 For all formats available, see

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Highlight

The United States in a Warming World The Political Economy of Government, Business, and Public Responses to Climate Change Thomas L. Brewer Georgetown University, Washington DC

Written for audiences both outside and within the United States, this accessible book addresses the widespread desire to better understand how climate

Also of interest change issues are addressed in the US by providing an unparalleled analysis of the political and economic factors that shape its responses to climate change.

‘Thomas Brewer is one of the world’s leading experts on the political economy of international trade and related policies. Now, in this new book, he brings his calm, analytical and typically balanced approach to an important and timely issue, the political economy of global climate change policy in the United States.

Professor Brewer’s assessment merits a careful look by scholars and practitioners alike.’

Robert N. Stavins, Albert Pratt Professor of Business and Government, John F. Kennedy School of Government, Harvard University 2014 247 x 174 mm 378pp 17 b/w illus. 4 maps 26 tables 978-1-107-06921-3 Hardback £65.00 / US$99.00

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New in Paperback

The Cambridge History of the Book in Britain Volume 4: 1557–1695 Edited by John Barnard University of Leeds

and D. F. McKenzie University of Oxford

With Maureen Bell University of Birmingham

This volume contains thirty-eight chapters on print culture in a time of religious divisions and civil war.

The Cambridge History of the Book in Britain

2014 228 x 152 mm 947pp 44 b/w illus.

978-1-107-65785-4 Paperback £35.00 / US$59.99 Also available 978-0-521-66182-9 Hardback £149.99 / US$239.99 For all formats available, see

www.cambridge.org/9781107657854

978-1-107-65569-0 Paperback £24.99 / US$39.99 For all formats available, see

www.cambridge.org/9781107069213

Field Research in Political Science Practices and Principles Diana Kapiszewski Georgetown University, Washington DC

Lauren M. MacLean Indiana University

and Benjamin L. Read University of California, Santa Cruz

This path-breaking book reconceptualizes field research in political science, explaining the practices that scholars employ and the principles that guide their work. It will equip students and researchers with the concepts and techniques they need to succeed in the field.

Strategies for Social Inquiry

2015 247 x 174 mm 480pp 19 b/w illus. 1 map 9 tables 978-1-107-00603-4 Hardback £65.00 / US$99.00 978-0-521-18483-0 Paperback £24.99 / US$36.99 Publication March 2015 For all formats available, see

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54

Index A Aaronson, Ely.........................................32 Abbott, Kenneth W.................................49 Abramowicz, Michael B..........................23 Access to Justice in Iran..........................45 Acconci, Pia...........................................27 ACTA and the Plurilateral Enforcement Agenda, The........................................25 Adjudicating Refugee and Asylum Status.16 Akhtarkhavari, Afshin.............................26 Alemanno, Alberto.................................13 Allegiance and Identity in a Globalised World..................................................30 Allocation of Regulatory Competence in the EU Emissions Trading Scheme, The.. 15 Alvarez, R. Michael.................................50 Ambrus, Monika.....................................41 Anatomy of Human Rights in Israel, The.. 19 Andenas, Mads......................................45 Andrews, Neil...........................................6 Appellate Body Secretariat, World Trade Organization.......................................25 Appleby, Gabrielle....................................4 Appleman, Laura I....................................8 Arts, Karin..............................................41 Asian Courts in Context............................1 Australian Export......................................7 Azevêdo, Roberto...................................25

B Baetens, Freya........................................39 Bâli, Aslı Ü................................................3 Banning the Bang or the Bomb?.............49 Bannister, Judith.......................................4 Bantekas, Ilias........................................39 Barak, Aharon........................................16 Barker, Kit..............................................36 Barnard, John.........................................53 Barnett, Katy..........................................31 Bastmeijer, Kees.....................................10 Batlan, Felice..........................................33 Bean, Gerry............................................37 Becker Lorca, Arnulf................................43 Bell, Maureen.........................................53 Bentham’s Theory of Law and Public Opinion...............................................29 Bergen, Peter L.......................................21 Bergkamp, Lucas....................................49 Bernal, Paul............................................24 Bersagel, Annie Golden..........................40 Between Interests and Law.......................9 Bickenbach, Jerome E.............................19 Bilateral and Regional Trade Agreements.26 Bills of Rights in the Common Law...........5 Bishop, Bernard........................................7 Bjorge, Eirik............................................45 Blanck, Peter..........................................46 Bonnitcha, Jonathan...............................27 Bonzon, Yves..........................................27 Boone, Catherine......................................2 Bottomley, Sean.....................................24 Bowrey, Kathy........................................24 Boylan, Michael......................................18 Braarvig, Jens.........................................19 Brands, Competition Law and IP...............3 Brems, Eva.............................................20 Brenton, Scott..........................................3 Brewer, Thomas L...................................52

British Patent System during the Industrial Revolution 1700–1852, The.. 24 Brokering Europe...................................14 Brousseau, Eric.......................................32 Brownsword, Roger................................19 Brummer, Chris.......................................26 Budziszewski, J.......................................29 Burak, Guy.............................................33 Burden, Barry C......................................51 Buying Defence and Security in Europe...13 Byers, Michael........................................42

C Cabanes, Bruno......................................23 Cain, Bruce............................................51 Cambridge Handbook of Human Dignity, The.....................................................19 Cambridge Handbook of Institutional Investment and Fiduciary Duty...............7 Cambridge History of the Book in Britain, The..........................................53 Caminos, Hugo.......................................39 Capital Directive in Europe.......................7 Caring Autonomy...................................16 Caron, David D.......................................40 Carrubba, Clifford.....................................5 Casey-Maslen, Stuart..............................40 Chadwick, Ruth......................................35 Challenge of Safeguards in the WTO, The.....................................................27 Chalmers, Damian............................ 11, 13 Chang, Wen-Chen....................................1 Chang, Yun-chien...................................36 Charity Law and the Liberal State.............1 Charlesworth, Hilary...............................17 Chen, Albert H. Y.......................................6 Chesterman, Simon................................44 Chinkin, Christine...................................39 Chinn, Stuart............................................5 Chivvis, Christopher S.............................50 Cho, Sungjoon.......................................27 Citizenship and Federalism in Europe......11 Civil Liability in Europe for TerrorismRelated Risk........................................49 Civility, Legality, and Justice in America...46 Climate Change 2013 – The Physical Science Basis.......................................52 Climate Change 2014 – Impacts, Adaptation and Vulnerability: Part A: Global and Sectoral Aspects.................52 Climate Change 2014 – Impacts, Adaptation and Vulnerability: Part B: Regional Aspects.................................52 Climate Change 2014: Mitigation of Climate Change...................................51 Climate Change Litigation......................11 Clinic and the Court, The........................35 Cogliati-Bantz, Vincent P.........................39 Commentary on the Paris Principles on National Human Rights Institutions, A..17 Commentary on Thomas Aquinas’s Treatise on Law...................................29 Common Law Constitution, The................6 Company Law and Sustainability..............6 Comparative Law.....................................2 Competition Law and Economic Regulation............................................3 Constitution Making during State Building................................................4

Constitution Writing, Religion and Democracy............................................3 Constitutional Conventions in Westminster Systems.............................3 Constitutionalism in Asia in the Early Twenty-First Century..............................6 Constitutionalism in Global Constitutionalisation.............................4 Constitutions and Religious Freedom........5 Constitutions in Authoritarian Regimes.....6 Contemporary Challenges to the Laws of War.................................................21 Contentious History of the International Bill of Human Rights, The.....................20 Contract Law...........................................6 Coppens, Dominic..................................26 Cordero-Moss, Giuditta............................7 Corruption, Asset Recovery, and the Protection of Property in Public International Law................................18 Cottier, Thomas................................ 25, 38 Counter-Terrorism, Privatisation and Rebuilding Constitutionalism...............15 Courts and Terrorism................................1 Covering the United States Supreme Court in the Digital Age.......................50 Crawford, James.....................................42 Crime, Reason and History........................9 Criminological Approaches to International Criminal Law...................39 Critical Debates on Counter-Terrorism Judicial Review....................................17 Cross, Frank B...........................................5 Cryer, Robert..........................................41 Cui, Wei.................................................48 Culhane, John G.....................................35 Cultural Heritage in International Investment Law and Arbitration...........41 Cultural Law............................................1 Curtin, Deirdre.......................................13

D D’Aspremont, Jean.................................39 Dahan, Yossi...........................................10 Daily, James E.........................................23 Dam-de Jong, Daniëlla...........................43 Dam, Shubhankar.....................................6 Darcy, Shane..........................................22 David, Fiona...........................................18 Davies, Gareth........................................13 Davis, Fergal F.........................................17 Davis, Kevin............................................47 Davis, Richard........................................50 Davis, Ruth.............................................26 de Beco, Gauthier...................................17 De Brabandere, Eric................................42 de Londras, Fiona...................................17 De Luca, Anna........................................27 De Meester, Bart.............................. 13, 26 De Schutter, Olivier.................................18 Decker, Christopher..................................3 Defending the Jury...................................8 Delgado Casteleiro, Andrés.....................14 Democracy More or Less.........................51 Deontic Logic and Legal Systems............30 Desai, Deven............................................3 Dickerson, Mechele................................31 Dill, Janina.............................................22 DiMatteo, Larry A.....................................7 Dinstein, Yoram......................................22

Index Dirty Entanglements.................................8 Disability and the Good Human Life........19 Dispute Settlement Reports 2012..... 28, 29 Distribution of Responsibilities in International Law................................45 Dodson, Scott.........................................50 Domestic Politics and International Human Rights Tribunals.......................19 Donald, David C.......................................8 Donders, Yvonne....................................49 Donia, Robert J.......................................17 Donnelly-Lazarov, Bebhinn.......................8 Dothan, Shai............................................5 Douzinas, Costas....................................19 Drache, Daniel........................................26 Drahos, Peter..........................................24 Dreyfuss, Rochelle Cooper......................23 Drone Wars............................................21 Due Process of Lawmaking.......................1 Duffy, Helen...........................................16 Dunne, Niamh..........................................3 Dupuy, Pierre-Marie................................10 Dür, Andreas..........................................25 Düwell, Marcus......................................19 Dyson, Matthew.....................................48 Dyzenhaus, David...................................29 Dzehtsiarou, Kanstantsin........................12

E Ecological Governance...........................10 Economic and Social Rights after the Global Financial Crisis..........................17 Edwards, Alice........................................40 Edwards, Laura F.....................................33 Egidy, Stefanie..........................................1 Election Administration in the United States..................................................50 Elsig, Manfred........................................25 Emerging Challenges in Privacy Law.......23 End of the Eurocrats’ Dream, The............11 English Civil Justice after the Woolf and Jackson Reforms..................................10 Environmental Law and Contrasting Ideas of Nature...................................11 eQuality.................................................46 Equitable Principles of Maritime Boundary Delimitation.........................38 Ercanbrack, Jonathan.............................15 Eslava, Luis............................................37 Essays on Religion and Human Rights.....16 Ethics and Law.......................................30 Ethics of Insurgency, The.........................21 EU External Relations Law......................14 EU Treaties and Legislation.....................12 Euler, Dimitrij............................................9 European Condominium Law..................37 European Consensus and the Legitimacy of the European Court of Human Rights.................................................12 European Constitutionalism....................12 European Consumer Access to Justice Revisited...............................................7 European Legal Cultures in Transition........1 European Union Health Law...................15 European Union Internal Market Law......13 European Union Law........................ 12, 13 Evans, Adrian.........................................35 Evidence Matters....................................30 Evolution and Equilibrium of Copyright in the Digital Age, The..........................24

Evolution of International Environmental Regimes..............................................11 Experiences of Face Veil Wearers in Europe and the Law, The......................20

F Fahey, Elaine..........................................13 Fakhri, Michael.......................................43 Family Policy and Disability.....................46 Farewell to Fragmentation, A..................45 Fascists and the Jews of Italy, The...........34 Faure, Michael........................................49 Fehrenbach, Heide..................................20 Felder, Franziska.....................................19 Field Research in Political Science...........53 Financial Centre for Two Empires, A..........8 Fitzmaurice, Andrew...............................33 Flood, Colleen M....................................35 Ford, Jolyon............................................49 Foreign Affairs and the EU Constitution...13 Foreign Relations Law............................40 Foreign-Related Arbitration in China.........9 Forum Shopping in International Adjudication........................................42 Foster, Michelle......................................19 Foundation of the ASEAN Economic Community, The...................................44 Fourteenth Amendment and the Privileges and Immunities of American Citizenship, The...................................51 Fowkes, James..........................................1 Frameworks for Water Law Reform...........2 Frankel, Susy..........................................24 Fraudulent Evidence before Public International Tribunals.........................44 Free Expression, Globalism, and the New Strategic Communication.............52 Freedom and Criminal Responsibility in American Legal Thought......................32 Friman, Håkan........................................41 From Community to Compliance?...........44 From Slave Abuse to Hate Crime.............32 Fu, Hualing............................................37

G Gabel, Matthew.......................................5 Gallagher, Anne T....................................18 Galligan, Brian.........................................3 Garde, Amandine...................................13 Garton, Jonathan...................................37 Gearty, Conor.........................................19 Gee, Graham............................................4 Gehring, Markus......................................9 General Interests of Host States in International Investment Law...............27 Genschel, Philipp....................................49 Genser, Jared..........................................41 Gervais, Daniel.......................................24 Gillespie, John........................................37 Ginsburg, Jane C....................................23 Ginsburg, Tom.................................... 6, 32 Gkoutzinis, Apostolos Ath.........................7 Glachant, Jean-Michel............................32 Global Justice and International Labour Rights.................................................10 God vs. the Gavel...................................46 Good Lawyer, The...................................35 Government Accountability.......................4

55

Great War and the Origins of Humanitarianism, 1918–1924, The......23 Green, Thomas Andrew..........................32 Greenwood, Christopher.........................44 Griffith-Jones, Robin...............................16 Grofman, Bernard..................................50 Gross, Aeyal...........................................35 Gross, Michael L.....................................21 Grossi, Simona.........................................1 Grover, Leena.........................................39 Groves, Matthew......................................4 Grødeland, Åse B......................................1 Guardian of the Constitution, The.............5

H Haack, Susan.........................................30 Hadgett, Rebecca.....................................9 Hale, Thomas............................................9 Halliday, Terence C..................................47 Halme-Tuomisaari, Miia..........................16 Hamilton, Marci A..................................46 Handler, Michael....................................24 Harder, Sirko..........................................31 Harding, Matthew................................ 1, 2 Harper, Ian.............................................35 Hartley, Trevor........................................36 Harvey, Caroline.....................................21 Hathaway, James C.................................19 Havel, Brian F.........................................36 Hawley, James P.......................................7 Hazell, Robert..........................................4 Heintze, Hans-Joachim...........................21 Helfand, Michael....................................41 Henckels, Caroline..................................43 Hendry, Sarah...........................................2 Herman, Joost........................................21 Hervey, Tamara.......................................15 Hey, Ellen...............................................41 Hiebert, Janet L........................................5 Hill QC, Mark.........................................16 Hillebrecht, Courtney..............................19 Hinteregger, Monika...............................49 Hirokawa, Keith H..................................11 History of Law and Lawyers in the GATT/WTO, A......................................25 History of Tort Law 1900–1950, A..........48 Hoepner, Andreas G. F...............................7 Hoffman, Morris B..................................47 Homeownership and America’s Financial Underclass..........................................31 Hoppe, Nils............................................35 Howe, Joanna..........................................4 Howse, Robert........................................29 Human Dignity.......................................16 Human Rights and the Universal Periodic Review...................................17 Human Rights in Armed Conflict.............21 Humanitarian Action..............................21 Humanitarian Photography.....................20 Huscroft, Grant.......................................29

I Ichim, Octavian......................................13 Implementation of the Findings of the African Commission on Human and Peoples’ Rights, The.............................16 In Defense of Uncle Tom.........................45 Inama, Stefano................................. 27, 44

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56

Index Inducing Compliance with International Humanitarian Law...............................20 Intellectual Property at the Edge.............23 Intellectual Property, Indigenous People and their Knowledge...........................24 Intergovernmental Panel on Climate Change......................................... 51, 52 International Commercial Contracts..........7 International Commercial Litigation........36 International Courts and the Performance of International Agreements...........................................5 International Economic Law after the Global Crisis........................................25 International Environmental Law............10 International Human Rights Law.............18 International Law............................. 26, 40 International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations........................43 International Law and the Arctic.............42 International Law of Disaster Relief, The.. 40 International Law of Migrant Smuggling, The.....................................................18 International Law of Offshore Installations, The..................................42 International Law of the Sea, The............38 International Law Reports.......................44 International Legal Positivism in a PostModern World.....................................39 International Organizations as Orchestrators.......................................49 International Responsibility of the European Union, The............................14 International Sales Law............................7 Internet Privacy Rights............................24 Interpreting Crimes in the Rome Statute of the International Criminal Court.......39 Interpreting WTO Agreements.................25 Intimations of Global Law.........................2 Introduction to International Criminal Law and Procedure, An........................41 Introduction to International Organizations Law, An.........................49 Investment Treaty Arbitration as Public International Law................................42 IPCC......................................................52 Ippolito, Francesca..................................37 Ironies of Colonial Governance...............47 Ivory, Radha...........................................18

J Jachtenfuchs, Markus.............................11 Jacob, Marc............................................14 Jacobs, Dov............................................45 Jacobs, Lesley A......................................26 Jaffe, James............................................47 Jalloh, Charles Chernor...........................22 James, Kathryn.......................................48 Jassen, Alex P.........................................31 Jenkins, Fiona.........................................30 Jenkins, Jeffery A....................................52 Jensen, Darryn........................................36 Joerges, Christian...................................11 Johnson, Keith L.......................................7 Jones, Carol A. G....................................47 Judges, Law and War..............................22 Jus Cogens.............................................38 Just Satisfaction under the European Convention on Human Rights..............13

Justice through Apologies.......................30

K Kammerhofer, Jörg.................................39 Kapiszewski, Diana.................................53 Karp, David Jason...................................20 Kaupa, Clemens.....................................13 Kaye, Stuart............................................26 Kelly, James B...........................................5 Kelly, Michael J.......................................40 Kelly, Tobias...........................................35 Khanna, Akshay.....................................35 Kieff, F. Scott...........................................23 Kingsbury, Benedict................................47 Klabbers, Jan..........................................49 Klamert, Marcus.....................................15 Klein, Natalie...........................................9 Kochen, Madeline...................................46 Kochenov, Dimitry...................................11 Kratochwil, Friedrich...............................30 Krieger, Heike.........................................20

L Laidlaw, Emily B.......................................9 Lamont, Christopher K............................21 Land Use Law and Disability...................32 Langer, Lorenz........................................20 Larking, Emma.......................................17 Lash, Kurt T.............................................51 Lastra, Rosa M.......................................25 Lauterpacht, Elihu..................................44 Law and Creativity in the Age of the Entertainment Franchise......................24 Law and Development of MiddleIncome Countries................................32 Law and Economics of Possession...........36 Law and Identity in Colonial South Asia..34 Law and Practice of Liability Management.7 Law and the Formation of Modern Europe................................................32 Law of Contract 1670–1870, The...........33 Law of Evidence.....................................34 Law of Refugee Status, The.....................19 Law, Liberty and State............................29 Lawrance, Benjamin N............................16 Laws, John...............................................6 Leckey, Robert..........................................5 Lee, Karen..............................................44 Lee, Sophia Z..........................................34 Legacy of Ruth Bader Ginsburg, The........50 Legal History of the Civil War and Reconstruction, A................................33 Legal Perspectives on Security Institutions..........................................43 Legal Regime of Straits, The....................39 Legitimate Targets?................................22 Leo Strauss............................................29 Lerner, Hanna..................................... 3, 10 Lester, Genevieve....................................50 Lester, Simon..........................................26 Levitt, Mairi............................................35 Lianos, Ioannis.........................................3 Liberalization of Trade in Banking Services...............................................13 Lim, Aik Hoe...........................................26 Lim, C. L.................................................25 Lindsay, David........................................23 Linking Global Trade and Human Rights.. 26 Litigating International Law Disputes........9

Little, David............................................16 Livingston, Michael A..............................34 Local Space, Global Life..........................37 Lõhmus, Katri.........................................16 Londras, Fiona de...................................15 Long, Debra...........................................16 Lost in China?........................................47 Luban, David..........................................21

M MacLean, Lauren M................................53 MacLeod, Adam J...................................36 Madsen, Mikael Rask.............................32 Maduro, Miguel......................................14 Magna Carta, Religion and the Rule of Law.....................................................16 Majone, Giandomenico...........................14 Malbon, Justin..........................................7 Malleson, Kate.........................................4 Malloy, Robin Paul..................................32 Managing Cyber Attacks in International Law, Business, and Relations..................9 Manufacturing of Markets, The...............32 Maranlou, Sahar.....................................45 Marceau, Gabrielle.................................25 Martinez-Fraga, Pedro J..........................39 McGonagle, Tarlach................................49 McHale, Jean..........................................15 McInerney, Thomas F...............................38 McKenzie, D. F........................................53 McKibben, Heather Elko.........................27 McLachlan, Campbell.............................40 Meanings of Rights, The.........................19 Measure of American Elections, The........51 Medical Accident Liability and Redress in English and French Law...................48 Medical Law and Medical Ethics.............35 Meerts, Paul...........................................49 Melamud, Mordechai.............................49 Melber, Henning.....................................50 Mendez, Fernando..................................15 Mendez, Mario.......................................15 Mercurio, Bryan................................ 25, 26 Merry, Sally Engle...................................47 Mestizo International Law......................43 Meydani, Assaf.......................................19 Mieth, Dietmar.......................................19 Migration in the Mediterranean..............37 Milkis, Sidney M.....................................52 Miller, Bradley W.....................................29 Miller, William L........................................1 Milman-Sivan, Faina...............................10 Minilateralism........................................26 Miola, José.............................................35 Mitchell, Paul.........................................48 Modern Administrative Law in Australia....4 Modern Economic Regulation...................3 Moellendorf, Darrel.................................11 Moffat, Graham......................................37 Moffat’s Trusts Law................................37 Monaghan, Nicola..................................34 Monti, Giorgio........................................13 Moore, Nina M.......................................50 Moral Challenge of Dangerous Climate Change, The........................................11 Morrow, James D....................................39 Murphy, Liam.........................................30 Murray, Rachel................................. 16, 17 Mylonaki, Emmanouela..........................39

Index N Nafziger, James A. R.................................1 Nasu, Hitoshi.........................................43 Nationality and Statelessness under International Law................................40 Natural Human Rights............................18 Navarro, Pablo E.....................................30 Ne Bis in Idem in EU Law.......................11 Nedelsky, Nadya.....................................38 Negotiating State and Non-State Law.....41 Nettelfield, Lara J....................................22 New Entrants Problem in International Fisheries Law, The................................42 Newton, Michael......................................8 Nolan, Aoife...........................................17 Nolan, Mark...........................................30 Nollkaemper, André................................45 Non-International Armed Conflicts in International Law................................22 Norrie, Alan..............................................9 Not-for-Profit Law....................................2 Nuclear Weapons under International Law.....................................................40 Nystuen, Gro..........................................40

O O’Brien, Patrick........................................4 O’Connell, Ann.........................................2 O’Donoghue, Aoife...................................4 O’Halloran, Kerry......................................2 Oberleitner, Gerd....................................21 Olijnyk, Anna............................................4 Orchard, Phil..........................................21 Order within Anarchy..............................39 Organ Donation and the Divine Lien in Talmudic Law......................................46 Osofsky, Hari M......................................11

P Palmer, Vernon V.......................................6 Parliamentary Bills of Rights.....................5 Paterson, Moira......................................23 Paterson, Robert Kirkwood.......................1 Paupp, Terrence E...................................19 Pavlakos, George....................................31 Payne, Jennifer.........................................7 Peace Diplomacy, Global Justice and International Agency............................50 Peel, Jacqueline......................................11 Peerenboom, Randall.............................32 Perspectives on Patentable Subject Matter.................................................23 Pettai, Eva-Clarita...................................17 Pettai, Vello............................................17 Philipsen, Niels.......................................49 Philosophy of Criminal Attempts, A...........8 Piérola, Fernando...................................27 Piracy in the Indian Film Industry............23 Piris, Jean-Claude...................................44 Plakokefalos, Ilias...................................45 Political Roots of Racial Tracking in American Criminal Justice, The.............50 Politics of Judicial Independence in the UK’s Changing Constitution, The............4 Politics of Major Policy Reform in Postwar America, The...........................52 Poole, Thomas........................................29 Popular Governance of Post-Conflict Reconstruction....................................42

Post-Communist Transitional Justice........38 Precedents and Case-Based Reasoning in the European Court of Justice..........14 Presidential Legislation in India.................6 Presidents and Civil Liberties from Wilson to Obama................................51 Price, Monroe E......................................52 Principles and Practice of International Aviation Law, The................................36 Principles of Shared Responsibility in International Law................................45 Private Law............................................36 Probert, Rebecca....................................37 Proof of Causation in Tort Law..................2 Property and Political Order in Africa.........2 Property and Practical Reason.................36 Proportionality and Deference in Investor-State Arbitration.....................43 Proportionality and the Rule of Law........29 Prosecuting Maritime Piracy......................8 Public Participation and Legitimacy in the WTO..............................................27 Public Purpose in International Law........39 Public Services in EU Law.......................15 Punisher’s Brain, The...............................47

Right to Know and the Right Not to Know, The...........................................35 Rimmerman, Arie....................................46 Rise of the Value-Added Tax, The............48 Roberts, Christopher N. J.........................20 Robertson, Michael................................29 Robinson, Darryl.....................................41 Rodogno, Davide....................................20 Rodrick, Sharon......................................23 Rodriguez-Blanco, Veronica....................31 Rodríguez, Jorge L..................................30 Roffe, Pedro...........................................25 Rohan, Colleen M...................................37 Role of ‘Experts’ in International and European Decision-Making Processes, The.....................................................41 Role of the Defence in International Criminal Justice, The............................37 Rose-Ackerman, Susan.............................1 Rothenberg, Daniel................................21 Rothwell, Donald....................................26 Rubenstein, Kim............................... 30, 43 Ruffer, Galya...........................................16 Rule of Law in Monetary Affairs, The.......25 Rules of Origin in ASEAN........................27

Q

S

Quiet Power of Indicators, The................47 Quinn, Michael.......................................29 Qureshi, Asif H.......................................25

Sacerdoti, Giorgio...................................27 Salles, Luiz Eduardo................................42 Sanchez, Gabriel S..................................36 Sandberg, Joakim.....................................7 Sandberg, Russell...................................48 Sankari, Suvi..........................................14 Sarat, Austin..................................... 45, 46 Satragno, Lucia.......................................25 Saul, Matthew........................................42 Sauter, Wolf...........................................15 Scaria, Arul George.................................23 Scharf, Michael P......................................8 Schemes of Arrangement..........................7 Schenk, Alan..........................................48 Scherer, Maxi............................................9 Schiele, Simone......................................11 Schmid, Evelyne.....................................43 Schmitz, Barbara....................................19 Schütze, Robert................................ 12, 13 Scripture and Law in the Dead Sea Scrolls.................................................31 Second Formation of Islamic Law, The.....33 Security Theology, Surveillance and the Politics of Fear.....................................20 Sellars, Kirsten........................................37 Serdy, Andrew........................................42 Services Liberalization in the EU and the WTO...................................................15 Seuba, Xavier.........................................25 Sexting and Cyberbullying......................45 Shackelford, Scott J...................................9 Shaffer, Gregory.....................................47 Shalhoub-Kevorkian, Nadera...................20 Sharafi, Mitra.........................................34 Shariff, Shaheen.....................................45 Shaw, Malcolm N...................................40 Shelley, Louise I........................................8 Shickle, Darren.......................................35 Short Introduction to International Law, A........................................................39 Siems, Mathias.........................................2 Sierra Leone Special Court and its Legacy, The..........................................22

R Radovan Karadžić...................................17 Ranganathan, Surabhi............................43 Raulus, Helena.......................................41 Read, Benjamin L...................................53 Reasons and Intentions in Law and Practical Agency..................................31 Recalibrating Reform................................5 Reconsidering Law and Policy Debates....35 Recovery of Non-Pecuniary Loss in European Contract Law, The...................6 Redefining Human Rights in the Struggle for Peace and Development....19 Reetz, C. Ryan........................................39 Referendums and the European Union....15 Regulating Business for Peace................49 Regulating Lifestyle Risks.......................13 Regulating Speech in Cyberspace..............9 Reisman, W. Michael..............................44 Religion, Charity and Human Rights..........2 Religion, Law and Society.......................48 Religious Offence and Human Rights......20 Remedies in Australian Private Law.........31 Renteln, Alison Dundes.............................1 Reputation and Judicial Tactics.................5 Resistance and Change in the International Law on Foreign Investment..........................................38 Resolving Land Disputes in East Asia......37 Responsibility for Human Rights.............20 Rethinking the Law School.....................34 Rethinking the Union of Europe PostCrisis...................................................14 Revisiting the Origins of Human Rights...16 Richardson, Benjamin J.............................6 Right to Flee, A.......................................21 Right to Health at the Public/Private Divide, The...........................................35

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Index Sim, Edmund W................................ 27, 44 Simpser, Alberto.......................................6 Sir Edward Coke and the Reformation of the Laws.............................................33 Sjåfjell, Beate...........................................6 Skinner, Christina...................................44 Slotte, Pamela........................................16 Small Arms Survey 2014.........................23 Small Arms Survey, Geneva.....................23 Smith, David Chan..................................33 Smith, Nick............................................30 Snidal, Duncan.......................................49 Social Difference and Constitutionalism in Pan-Asia..........................................48 Social Foundations of World Trade, The....27 Sorabji, John..........................................10 Sornarajah, M.........................................38 Sovereignty, Property and Empire, 1500–2000.........................................33 Sovereignty, Statehood and State Responsibility......................................39 Srebrenica in the Aftermath of Genocide.22 Stack, Jr, John F.........................................1 Stagno Ugarte, Bruno.............................41 Stahn, Carsten........................................50 Stan, Lavinia..........................................38 Stanley Fish on Philosophy, Politics and Law.....................................................29 Starkey, Brando Simeo............................45 State Responsibility................................42 State Strategies in International Bargaining..........................................27 Status of Law in World Society, The.........30 Steel, Sandy.............................................2 Steinzor, Rena..........................................8 Sterio, Milena...........................................8 Stewart, III, Charles................................51 Stewart, Miranda......................................2 Stolker, Carel..........................................34 Strategic Treaty Management.................38 Strategically Created Treaty Conflicts and the Politics of International Law....43 Substantive Protection under Investment Treaties...............................................27 Sugar and the Making of International Trade Law...........................................43 Summers, James.....................................21 Sutcliffe, Christopher..............................39 Swain, Warren........................................33

T Taking Economic, Social and Cultural Rights Seriously in International Criminal Law.......................................43 Tanaka, Yoshifumi...................................38 Taylor, Simon..........................................48 Telesetsky, Anastasia..............................40

Territorial Jurisdiction of the International Criminal Court, The............9 Test Tubes for Global Intellectual Property Issues....................................24 Thornhill, Chris.......................................32 Thuronyi, Victor......................................48 Tietje, Christian......................................25 Toppling Qaddafi....................................50 Torture, Power, and Law.........................21 Tourme Jouannet, Emmanuelle...............39 Towards a Rules-Based Community: An ASEAN Legal Service...........................44 Trade Cooperation..................................25 Transatlantic Community of Law, A.........13 Transformation of Islamic Law in Global Financial Markets, The.........................15 Transitional and Retrospective Justice in the Baltic States..................................17 Transnational Law..................................14 Transnational Legal Orders.....................47 Transparency in International Investment Arbitration.............................................9 Trevisanut, Seline............................. 37, 42 Trials for International Crimes in Asia......37 Triga, Vasiliki..........................................15 Trybus, Martin........................................13 Tuori, Kaarlo..................................... 12, 14 Tying the Autocrat’s Hands.....................46

U United Nations and Freedom of Expression and Information, The..........49 United Nations Security Council in the Age of Human Rights, The....................41 United States in a Warming World, The...52 Unravelling Tort and Crime.....................48 US Supreme Court and the Modern Common Law Approach, The.................1

V Vadi, Valentina.......................................41 Vagias, Michail.........................................9 Valenti, Mara.........................................27 Value Added Tax.....................................48 van Bockel, Bas......................................11 Van Der Merwe, Cornelius......................37 Van Gerven, Dirk......................................7 Van Vooren, Bart....................................14 van Waas, Laura.....................................40 VanderWolk, Jefferson P............................8 Vauchez, Antoine...................................14 Viñuales, Jorge E....................................10 Vinx, Lars.................................................5 Volcansek, Mary L....................................1

W Wagner, Sarah E.....................................22 Waitzer, Edward J.....................................7 Walker, Neil..............................................2 Walker, Samuel.......................................51 Waller, Spencer Weber..............................3 Wallis, Joanne..........................................4 Wang, Jiangyu..........................................8 Wang, Yuhua..........................................46 War on Terror’ and the Framework of International Law, The.........................16 Weatherall, Thomas................................38 Webber, Gregoire...................................29 Weiss, Friedl...........................................13 Wendel, W. Bradley................................30 Wessel, Ramses A...................................14 Western Case for Monogamy Over Polygamy, The......................................48 What Makes Law...................................30 When Should State Secrets Stay Secret?.. 50 White, Nigel D........................................21 Why Not Jail?...........................................8 Wilderness Protection in Europe.............10 Williams, Susan H...................................48 Wilmshurst, Elizabeth.............................41 Witte, Jr, John.........................................48 Witzleb, Normann..................................23 Women and Justice for the Poor.............33 Wong, Meagan........................................9 Woolley, Olivia.......................................10 Woon, Walter.........................................44 Workplace Constitution from the New Deal to the New Right, The..................34 World Trade Organization................. 28, 29 World without Privacy, A.........................45 Wrbka, Stefan..........................................7 WTO Appellate Body Repertory of Reports and Awards............................25 WTO Disciplines on Subsidies and Countervailing Measures.....................26 WTO Domestic Regulation and Services Trade...................................................26

Y Yang, Fan.................................................9 Yeh, Jiunn-rong........................................1

Z Zangl, Bernhard.....................................49 Zartman, I. William.................................49 Zeben, Josephine van.............................15 Zhai, Xiaobo...........................................29 Zwitter, Andrej........................................21 Zyberi, Gentian.......................................37

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