Law Books and Journals - Catalogue 2019 January - August

Law Books and Journals Catalogue 2019 January - August

www.cambridge.org/Law2019

Welcome to the Law Books and Journals Catalogue 2019 Here you will find new and forthcoming titles showcasing the best academic research from our internationally renowned authors. Our highlights including Common Law Inside the Female Body, Rescuing Human Rights and The Art of Law in the International Community.

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

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

We hope that you enjoy reading about our latest publications.

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

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

In Europe:

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

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Law Catalogue 2019

The Common Law Inside the Female Body

Jurist in Context A Memoir William Twining | University College London

Anita Bernstein | Brooklyn Law School

In this book, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law.

She analyzes politically contentious issues such as abortion, surrogacy, prostitution, and sexual assault, with the aim to widen what the law can achieve in furtherance of women’s autonomy.

• Offers an analysis of politically contentious issues, including abortion, surrogacy, prostitution, and sexual assault, with the goal of widening what the law can achieve in furtherance of women’s autonomy • Provides an explanation of why lawyers seeking gender progress from primary legal materials should start with the common law • Challenges the presumption that the common law and feminist jurisprudence are incompatible by identifying connections between the two systems that have always existed but have rarely been acknowledged Jurisprudence, legal theory

November 2018 228 x 152 mm 300pp 978-1-107-17781-9 Hardback £71.99 / US$99.99 978-1-316-62918-5 Paperback £26.99 / US$34.99

This fascinating intellectual memoir by a leading academic lawyer charts the development of his thought in the context of African, American, and British universities over sixty years. Twining’s unique engagement with globalisation, jurisprudence, evidence, and legal education is addressed to legal theorists and academic lawyers generally.

• Provides a historical perspective and intimate account of the development of law as a discipline in common law countries over sixty years • Offers a distinctive view of jurisprudence that challenges some mainstream ideas and practices while providing an integrated approach to legal theorising • Explores fundamental ideas about rules, values, concepts, evidence, standpoints, problems, reasoning and social facts, as well as the implications of globalisation for law and jurisprudence Jurisprudence, legal theory | Law in Context

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Danse Macabre

February 2019 247 x 174 mm 400pp 11 b/w illus. 8 colour illus.

978-1-108-48097-0 Hardback £79.99 / US$105.00 P 978-1-108-70367-3 Paperback £24.99 / US$32.99 P

Judicial Power

Temporalities of Law in the Visual Arts Desmond Manderson | Australian National University, Canberra

The visual arts offer wholly new resources through which to understand the representation, power, ideology and critique of law. This interdisciplinary book includes exceptional close readings of major works by artists from the sixteenth to the twentyfirst century informed by legal and social history, and by recent developments in legal and art theory.

• Connects legal ideas to two major new turns in contemporary research – towards time, and visual studies • Engages with specific works of art from the sixteenth to the twentyfirst century • Discusses the intersection of law and art Jurisprudence, legal theory

January 2019 228 x 152 mm 300pp 64 b/w illus.

978-1-107-15866-5 Hardback £85.00 / US$110.00

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How Constitutional Courts Affect Political Transformations Christine Landfried

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

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

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

Constitutional and administrative law, public law

Church Law in Modernity

January 2019 228 x 152 mm 403pp 1 table 978-1-108-42566-7 Hardback £95.00 / US$130.00

Toward a Theory of Canon Law between Nature and Culture Judith Hahn | Ruhr-Universität, Bochum, Germany

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This book discusses natural law as a traditional but highly contested source of canon law. In doing so it marks a contribution to the heated debates on natural law in general and on the foundation of law, both secular or religious, in legal studies, philosophy, and ethics.

• Proposes a new view of Catholic natural law • Proposes a new procedure for canon law legislation • Discusses natural law from an interreligious and interdisciplinary perspective Jurisprudence, legal theory | Law and Christianity

March 2019 228 x 152 mm 250pp 978-1-108-48325-4 Hardback £85.00 / US$110.00

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Law Catalogue 2019

The Shapeshifting Crown

Emergency Powers in Australia

Locating the State in Postcolonial New Zealand, Australia, Canada and the UK Edited by Cris Shore | University of Auckland

Second edition H. P. Lee | Monash University, Victoria

This book is of value to public officials with responsibility for handling emergencies threatening public safety or national security, constitutional commentators and scholars, and members of the public interested in understanding how Australia reconciles preservation of public safety with the protection of fundamental freedoms and the rule of law.

• Provides a contemporary perspective on how a democratic country, such as Australia, deals with emergencies or crises which threaten public safety or national security, without undermining the rule of law • Provides a lucid analysis of the Australian constitutional and legal framework and the broad range of powers available to the authorities to deal with a crisis situation • Focuses on the operation of the separation of judicial power as a constraint on the invocation of special powers pertaining to preventative detention and control orders Constitutional and administrative law, public law

November 2018 228 x 152 mm 312pp 978-1-107-16653-0 Hardback £80.00 / US$110.00

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Constitutional and administrative law, public law

Women as Constitution-Makers

March 2019 228 x 152 mm 224pp 24 b/w illus.

978-1-108-49646-9 Hardback £85.00 / US$110.00

Case Studies from the New Democratic Era Edited by Ruth Rubio-Marín | Universidad de Sevilla

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

• Offers case studies of women as constitution-makers in nine individual countries, with a focus on countries other than the ‘west’ • Provides case studies of constitution-making in newly-democratising or post-conflict countries • The introduction draws lessons from a comparison of the case studies, as well as addressing larger, synthetic questions about both the importance of women’s participation in constitution-making, and the obstacles women face as constitution-makers

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

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

• Breaks important new ground in political and constitutional theory • The contributors are drawn from multiple intersecting disciplines and subfields • Exposes readers to different regional perspectives Constitutional and administrative law, public law | Cambridge Studies in Constitutional Law, 21

Constitutional and administrative law, public law

March 2019 228 x 152 mm 384pp 1 table 978-1-108-49277-5 Hardback £95.00 / US$125.00

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

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

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April 2019 228 x 152 mm 483pp 978-1-108-41758-7 Hardback £110.00 / US$140.00

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Law Catalogue 2019

AVAILABLE OPEN ACCESS NEW IN PAPERBACK

A Sociology of Transnational Constitutions Social Foundations of the Post-National Legal Structure Chris Thornhill | University of Manchester

This book examines the social processes that lead to the evolution of legal norms with global constitutional standing in contemporary society.

It makes an important contribution to the sociology of constitutional law, post-legal national legal processes and human rights law. This title is also available as Open Access.

• Explains the deep-lying social foundations of transnational law • Develops a new historical-sociological method for analyzing transnational norms • Combines methods derived from legal analysis, legal sociology and political sociology • This title is also available as Open Access Constitutional and administrative law, public law | Cambridge Studies in Law and Society

December 2018 229 x 152 mm 534pp 978-1-108-45599-2 Paperback c. £29.99 / c. US$44.99 Also available 978-1-107-03852-3 Hardback £72.99 / US$110.00

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The Nature of Constitutional Rights The Invention and Logic of Strict Judicial Scrutiny Richard H. Fallon Jr. | Harvard Law School, Massachusetts

This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by ‘compelling governmental interests’. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.

• Offers a fresh perspective on constitutional law and constitutional debates by focusing on the question of what it means to have a constitutional right when rights must often yield to ‘compelling governmental interests’ • Provides an account of rights as ‘constraints’ on governmental discretion, not absolute ‘privileges’ • Combines historical, doctrinal, and philosophical perspectives to clarify what the Supreme Court does in defining and enforcing ‘constitutional rights’ Constitutional and administrative law, public law | Cambridge Studies on Civil Rights and Civil Liberties

March 2019 228 x 152 mm 200pp 978-1-108-48326-1 Hardback c. £85.00 / c. US$110.00

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Hybrid Constitutionalism The Politics of Constitutional Review in the Chinese Special Administrative Regions Eric C. Ip | The University of Hong Kong

This book makes a significant contribution to the comparative constitutional law and politics of hybrid regimes, those that are neither liberal democratic nor closed autocracies, whose number is on the rise everywhere in the world. It takes as its case studies China’s two Special Administrative Regions: Hong Kong and Macau.

• Develops a theoretical analysis of the politics of constitutional review in hybrid regimes and explores the politics and laws of hybrid and other non-democratic regimes • Examines the divergence between Hong Kong and Macau constitutional law based on an analysis of political differences between the Chinese Special Administrative Regions • Provides a comprehensive and accessible summary of the doctrinal differences between the constitutional jurisprudence of the top courts in Hong Kong and Macau

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Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World Fatemah Alzubairi | Kuwait University

This book will benefit theorists and practitioners of anti-terrorism law and policy at the national and international levels, including politicians and lawmakers as well as academics, military institutions, and UN bodies and figures. It is also useful to non-governmental human rights organizations, as well as scholars of colonialism and neo-colonialism.

• Bridges a gap between Western and Arab legal and political approaches • Simplifies theoretical perspectives • Provides a legal history of counter-terrorism in colonial and neocolonial eras Comparative law

January 2019 228 x 152 mm 225pp 978-1-108-47692-8 Hardback £80.00 / US$110.00

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PREVIOUSLY ANNOUNCED

From Transitional to Transformative Justice Edited by Paul Gready | University of York

The book will appeal to a diverse audience, including advocates and sceptics, academics and practitioners, transitional justice specialists and readers from other sectors (development, peace-building and human rights), and to a genuinely multi-disciplinary cohort of scholars. Its value lies in its contribution to both conceptual and practice-based thinking on transformative justice.

• Debates the definition of transformative justice and its relationship with transitional justice • Develops a set of empirical case studies to support the concept of transformative justice • Appeals to a wide range of audiences, in sectors beyond transitional justice and in disciplines beyond law Human rights

January 2019 228 x 152 mm 342pp 3 b/w illus. 3 tables 978-1-107-16093-4 Hardback £85.00 / US$120.00

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Rescuing Human Rights A Radically Moderate Approach Hurst Hannum | Tufts University, Massachusetts

This is a multi-disciplinary book with a primary focus on international law and human rights. It analyzes human rights successes and failures, and argues that the role of human rights in foreign affairs continues to be crucial in the twenty-first century.

• Creates a better and more realistic understanding of human rights in the world • Distinguishes human rights from other elements of both foreign policy and social change • This book is accessible to a wide audience, not just human rights lawyers and activists Human rights

April 2019 228 x 152 mm 250pp 978-1-108-41748-8 Hardback £69.99 / US$89.99 978-1-108-40536-2 Paperback £24.99 / US$32.99

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Constitutional and administrative law, public law | Comparative Constitutional Law and Policy

January 2019 228 x 152 mm 280pp 3 b/w illus. 9 tables 978-1-107-19492-2 Hardback £85.00 / US$110.00

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Law Catalogue 2019

AVAILABLE OPEN ACCESS

The Right to Inclusive Education in International Human Rights Law

The African Court of Justice and Human and Peoples’ Rights in Context

Edited by Gauthier de Beco | University of Huddersfield

Development and Challenges Edited by Charles C. Jalloh | Florida International University

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples’ Rights in context. This title is also available as Open Access on Cambridge Core.

• Offers in depth analysis of the unprecedented merger of three types of jurisdiction contained in the Malabo Protocol in a single court • Assembles leading scholars, practitioners and experts to situate the future African Court within the wider international legal context • This title is also available as Open Access Human rights

February 2019 228 x 152 mm 300pp 3 b/w illus. 7 tables 978-1-108-42273-4 Hardback £80.00 / US$110.00

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Myth-making and Reality in the Philippines and Indonesia Jayson S. Lamchek | National University of Singapore

This book is for anyone interested in human rights and counterterrorism, including scholars, students, practitioners and the general public. Voicing a new view based on theoretical insights of critical terrorism studies and critical international law, it develops empirical studies of two important but under-researched developing countries.

• Provides a new critical view of developments in human rights and counterterrorism law and policy • Written in a highly accessible language which ‘reads at times like a thriller’ • Offers extended multidisciplinary case studies using previously unpublished materials on two important but under-studied developing countries, the Philippines and Indonesia Human rights

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Beyond Cages Animal Law and Criminal Punishment Justin Marceau | University of Denver

This is the first book to critique the animal protection movement’s alliance with the prosecuting state. For persons researching social change or civil rights, this critique of the strategies of the animal protection movement will serve as a unique and valuable case study.

• Offers a unique and valuable case study for those researching social change or civil rights • Provides readers with a comprehensive account of the way that criminal justice advancements may not advance, and may even impede, social change efforts • Proposes a new understanding of the existing social science research regarding the link between animal abuse and human violence Human rights

March 2019 228 x 152 mm 250pp 978-1-108-41755-6 Hardback £74.99 / US$99.99 978-1-108-40545-4 Paperback £26.99 / US$34.99

Human rights | Cambridge Disability Law and Policy Series

March 2019 228 x 152 mm 368pp 978-1-107-12118-8 Hardback £95.00 / US$125.00

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The Future of Economic and Social Rights Edited by Katharine G. Young | Boston College, Massachusetts

Human Rights-Compliant Counterterrorism

January 2019 228 x 152 mm 250pp 2 tables 978-1-108-49233-1 Hardback £80.00 / US$110.00

The volume fills an important gap in literature by providing a detailed overview of the right to inclusive education in international human rights law and its application, in light of the UN Convention on the Rights of Persons with Disabilities, at the national, regional and international levels.

• Explores the interrelationship between disability studies and law • Offers a thorough examination of specific aspects of the right to inclusive education • Includes an intelligible and clear presentation of international and regional mechanisms, as well as case studies in a large number of countries

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Students, academics and practitioners in law and other disciplines will learn from the world’s leading experts on economic and social rights – including rights to education, health care, food and housing.

The examination of constitutions, courts and international mechanisms signal a transformation in debates about human rights, constitutions, democracy and development.

• Engages multiple disciplines • Integrates and involves international, comparative and single-country perspectives • Explores emerging doctrines and proposals from leading commentators on economic and social rights from international human rights and constitutional rights regimes Human rights | Globalization and Human Rights

April 2019 228 x 152 mm 667pp 12 b/w illus. 6 tables 978-1-108-41813-3 Hardback £135.00 / US$175.00

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Can ASEAN Take Human Rights Seriously?

Alison Duxbury | University of Melbourne

Provides a comprehensive explanation and critique of ASEAN’s human rights system in the context of political-legal developments in Southeast Asia and the global human rights discourse. It also features a rich analysis of the national, regional and international mechanisms that could strengthen the multi-institutional ASEAN human rights system.

• Provides a comparative study of the multifaceted ASEAN human rights system in relation to the other human rights mechanisms available to ASEAN member states at the national, regional and international levels • Explores the historical issues and political developments that could explain the evolutionary path of the ASEAN human rights system and looks at the developments that have led to legal change • Examines the structure and work of the ASEAN human rights mechanisms in detail and updates the current literature on ASEAN and human rights Human rights | Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration

March 2019 216 x 138 mm 400pp 978-1-108-46590-8 Paperback £37.99 / US$49.99

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Law Catalogue 2019

Rights and Civilizations

The Cambridge Handbook of Disaster Risk Reduction and International Law

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

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

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

April 2019 228 x 152 mm 404pp 978-1-108-47423-8 Hardback £95.00 / US$125.00

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Edited by Katja L. H. Samuel | University of Reading

This unique, timely Handbook is framed around the Sendai Framework, the globally agreed upon roadmap for disaster risk mitigation. Examining the development of previously under-researched ‘disaster risk reduction law’, it is expected to be a primary source of reference for years to come, including informing related law, policy and practice.

• Introduces concepts of DRR, especially DRR law, increasing awareness and understanding of the existence and function of DRR law at a key time in its development • Highlights the critical need for broader cross-sectoral engagement on DRR issues and looks at multi-sectoral approaches by the Sendai Framework, especially between law, science and technology • Seeks to contribute to the development of DRR related law, policy and practice as well as to better inform law and policy makers on the growing importance of DRR law through a comparative analysis of multiple regime Public international law

March 2019 253 x 177 mm 500pp 1 b/w illus. 1 table 978-1-108-47412-2 Hardback c. £140.00 / c. US$182.00

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TEXTBOOK

The Institute of International Law’s Resolution on State Succession and State Responsibility

AVAILABLE OPEN ACCESS

A Critical Introduction to International Criminal Law Carsten Stahn | Universiteit Leiden

Introduction, Text and Commentaries Marcelo G. Kohen | Graduate Institute of International and Development Studies, Geneva

This book contains an analysis of the Resolution adopted in 2015 by the Institute of International Law, on the question of state succession in matters of state responsibility. It explains the content of each provision based on a comprehensive survey of state practice, juridical decisions, and scholarly works.

• Provides readers with an article-by-article commentary of the Resolution adopted in 2015 by the Institute of International Law on the question of state succession in matters of state responsibility • The only book providing readers with numerous examples of arbitral awards and judicial decisions (both domestic and international), state practice and opinions of scholars explaining the rationale and the reasons why the Institute adopted specific solutions to address particular problems for each provision • Presents an analysis of the Draft Articles proposed by ILC Special Rapporteur in his First and Second Reports Public international law

January 2019 228 x 152 mm 200pp 978-1-108-49650-6 Hardback c. £85.00 / c. US$125.00 978-1-108-73389-2 Paperback c. £24.99 / c. US$34.99

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Suitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law, this book presents the field in an accessible way via five core themes: crimes, theories of responsibility, global justice institutions, procedures and punishment and reparation. This title is also available as Open Access on Cambridge Core.

• Takes a problem-oriented approach, treating subjects through core challenges, which invites engagement with real-life challenges and big picture issues • Covers philosophical and scholarly perspectives on core themes of ICL, making it relevant to graduate, post-graduate and Ph.D. students, as well as teachers, scholars and practitioners • The book is related to a free learning environment, the MOOC on Investigating and Prosecuting International Crimes, offering an additional learning guidance with exercises • This title is also available as Open Access on Cambridge Core Contents: Preface; List of abbreviations; Introduction; 1. International crimes; 2. Individual and collective responsibility; 3. The global institutional architecture; 4. International criminal justice procedures; 5. Remedying wrong; 6. Beyond the status quo: re-thinking international criminal law; Index.

Public international law

January 2019 247 x 174 mm 420pp 978-1-108-42320-5 Hardback £57.99 / US$74.99 978-1-108-43639-7 Paperback £24.99 / US$32.99

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Law Catalogue 2019

International Law Reports

The Legacy of Ad Hoc Tribunals in International Criminal Law

Volume 177 Edited by Christopher Greenwood | International Court of Justice

Assessing the ICTY’s and the ICTR’s Most Significant Legal Accomplishments Edited by Milena Sterio | Cleveland-Marshall College of Law, Ohio

Leading authorities in the field of international criminal law address the history of the ICTY and the ICTR. Focusing on how these tribunals have had a positive impact on the development of international criminal law, this volume discusses how their legacy will contribute toward the advancement of this field.

• Provides an overview of the Yugoslavia and Rwanda tribunals’ most significant legal accomplishments • Assesses the tribunals’ overall legacy and lasting impact in the field of international criminal law • Serves as a guide to the International Criminal Court and to future ad hoc tribunals

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Victim Reparation under the Ius Post Bellum This book is interdisciplinary and covers a wide range of academic genres. It will be of interest to international lawyers, legal historians, military historians, maritime lawyers and historians, political scientists, arbitrators and legal practitioners.

• Provides crucial historical analysis of how reparation was dealt with from the seventeenth century onwards • Takes a normative approach to the issue • Includes a contextual account of selected wars Public international law | Cambridge Studies in International and Comparative Law, 139

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Narratives of Hunger in International Law Feeding the World in Times of Climate Change Anne Saab | Graduate Institute of International and Development Studies, Geneva

This book looks at the problem of hunger in the face of climate change.

It addresses the role that international law plays in constructing an understanding of climate change-induced hunger and consequently in devising solutions. It sheds light on the important function of international legal language, for lawyers and non-lawyers alike.

• Addresses the way in which international law shapes understandings of hunger and climate change, and sheds new light on the function of international law as a language • Explores the narrative force of international law and avoids technical language, understandable text for lawyers and non-lawyers alike • Looks at the climate ready seeds question in international environmental law and highlights the importance of questioning assumptions Public international law | Cambridge Studies in International and Comparative Law, 140

April 2019 228 x 152 mm 223pp 1 b/w illus.

978-1-108-47337-8 Hardback £85.00 / US$110.00

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International Law Reports Volume 178 Edited by Christopher Greenwood | International Court of Justice

An Historical and Normative Perspective Shavana Musa | University of Manchester

February 2019 228 x 152 mm 295pp 978-1-108-47173-2 Hardback £85.00 / US$120.00

Public international law | International Law Reports, 177

October 2018 219 x 146 mm 780pp 1 map 978-1-108-42728-9 Hardback £170.00 / US$240.00

Public international law

February 2019 228 x 152 mm 300pp 978-1-108-41738-9 Hardback £79.99 / US$105.00

Volume 177 is devoted to the Final Award on Costs in Philip Morris Asia Limited v. Australia, the 2015 and 2016 orders on provisional measures of the International Tribunal for the Law of the Sea and Arbitration Tribunal in The Enrica Lexie Incident (Italy v. India) and the order and judgment in Request for Interpretation (Cambodia v. Thailand).

• Contains reports on the 2017 Final Award on Costs in Philip Morris Asia Limited v. Australia • Presents reports on the 2015 and 2016 orders on provisional measures of the International Tribunal for the Law of the Sea and the Arbitration Tribunal in The Enrica Lexie Incident (Italy v. India) • Reports on the 2011 order and 2013 judgment of the International Court of Justice in Request for Interpretation (Cambodia v. Thailand)

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Volume 178 is devoted to the judgment of the UK Supreme Court in cases including Rahmatullah v. Ministry of Defence and the Foreign and Commonwealth Office (No 2), Al-Waheed v.

Ministry of Defence, Belhaj and Boudchar v. Straw and Others and Rahmatullah v. Ministry of Defence and the Foreign and Commonwealth Office (No 1).

• Includes reports on the 2017 judgment of the United Kingdom Supreme Court in Rahmatullah v. Ministry of Defence and the Foreign and Commonwealth Office (No 2); ‘The Iraqi Civilian Claimants’ v.

Ministry of Defence and Foreign and Commonwealth Office and Mohammed (Serdar) and Others v. Ministry of Defence • Contains reports on the 2017 judgment of the United Kingdom Supreme Court in Al-Waheed v. Ministry of Defence and Mohammed (Serdar) v. Ministry of Defence • Reports on the 2017 judgment of the United Kingdom Supreme Court in Belhaj and Boudchar v. Straw and Others and Rahmatullah v.

Ministry of Defence and the Foreign and Commonwealth Office (No 1) Public international law | International Law Reports, 178

November 2018 219 x 146 mm 794pp 978-1-108-47327-9 Hardback £170.00 / US$220.00

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International Law Reports Volume 179 Edited by Christopher Greenwood | International Court of Justice

Volume 179 is devoted to the 2016 Partial Award in the Arbitration between Republic of Croatia and the Republic of Slovenia, the 2017 Final Award in the Arbitration between the Republic of Croatia and the Republic of Slovenia and 2017 Opinion 2/15 of the Court of Justice of the EU concerning the Free Trade Agreement between the EU and Singapore.

• Includes reports on the 2016 Partial Award in the Arbitration between Republic of Croatia and the Republic of Slovenia • Contains reports on the 2017 Final Award in the Arbitration between the Republic of Croatia and the Republic of Slovenia • Reports on the 2017 Opinion 2/15 of the Court of Justice of the European Union concerning the Free Trade Agreement between the European Union and Singapore Public international law | International Law Reports, 179

January 2019 219 x 146 mm 700pp 21 maps 978-1-108-47355-2 Hardback c. £170.00 / c. US$220.00

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Law Catalogue 2019

International Law Reports

Trade and American Leadership

Volume 180 Edited by Christopher Greenwood | International Court of Justice

Volume 180 is devoted to the UK Supreme Court judgment in Reyes v. Al-Malki and related decisions, the UK Supreme Court and Court of Appeal judgments in Benkharbouche v. Secretary of State, and related decisions and the Grand Chamber judgment of the European Court of Human Rights in Naït-Liman v. Switzerland.

• Presents reports on the UK Supreme Court judgment in Reyes v. AlMalki and related decisions • Includes reports on the UK Supreme Court and Court of Appeal judgments in Benkharbouche v. Secretary of State and related decisions • Reports on the Grand Chamber judgment of the European Court of Human Rights in Naït-Liman v. Switzerland Public international law | International Law Reports, 180

March 2019 219 x 146 mm 693pp 978-1-108-47356-9 Hardback £170.00 / US$220.00

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The Paradoxes of Power and Wealth from Alexander Hamilton to Donald Trump Craig VanGrasstek | Harvard University, Massachusetts

The United States led the world to create an open trading system. That system served US interests well, but also allowed China to rise and American allies to become more independent. Trade and American Leadership focuses on today’s challenges and the rising danger of economic nationalism.

• This book is historically grounded but focuses on present predicaments • Relates theory to actual practice • Bridges the divide between issues of politics and economics International economic and trade law, WTO law

December 2018 228 x 152 mm 350pp 20 b/w illus.

978-1-108-47695-9 Hardback £30.99 / US$39.99

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The Return of the Home State to Investor-State Disputes Bringing Back Diplomatic Protection?

Rodrigo Polanco | Universität Bern, Switzerland

Tariff Negotiations and Renegotiations under the GATT and the WTO Procedures and Practices Second edition Anwarul Hoda | Indian Council for Research on International Economic Relations

Over the past seven decades, there has been a phenomenal increase in international trade in goods, largely due to the sustained efforts by the world’s main trading nations to reduce and eliminate tariff barriers progressively and in a multilaterally orchestrated manner. This book gives an historical account of these efforts.

• Recounts the WTO negotiations for the new plurilateral ITA Expansion Agreement • Includes an account of WTO renegotiations in the context of successive enlargements of the European Union • Provides an account of the WTO negotiations for accession of a number of new members of the WTO, including two major trading nations, China and Russia, and the implementation of changes in the WTO members’ schedules of tariff commitments owing to periodic revisions of the harmonized system International economic and trade law, WTO law

November 2018 228 x 152 mm 392pp 22 tables 978-1-107-19433-5 Hardback £95.00 / US$130.00

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

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

• Proposes a normative framework of the new regional economic order that will appeal to policy-makers and academics who specialize in regional integration • Provides a comprehensive legal analysis of ASEAN law in national, regional and global contexts and explores the legal frameworks for realizing the ASEAN Economic Blueprint 2025 • Examines the impact of ASEAN law and mega-regional trade agreements on commercial laws in ASEAN countries

Investment treaties have become highly controversial because they allow investors to sue host states outside domestic courts. This book explores how recent changes to that system involving the home state of the investor are mostly aimed to minimise states exposure to investment claims, and not necessarily to protect foreign investors.

• Examines the underlying reasons of the exclusion of the home state from investor-state dispute settlement and explores the role that home states could play in investor-state dispute settlement • Analyses whether current reforms and changes proposed for the international investment law regime will improve the system or reduce the exposure of states to investment claims • Provides a historical perspective of the relationship between foreign investors, home states and host states, and examines how its changes have affected the way that investment law has developed International economic and trade law, WTO law | Cambridge International Trade and Economic Law

December 2018 228 x 152 mm 358pp 11 tables 978-1-108-47338-5 Hardback £95.00 / US$130.00

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Dispute Settlement Reports 2017 Volume 1: Pages 1 to 358 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: I. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes International economic and trade law, WTO law | World Trade Organization Dispute Settlement Reports

November 2018 240 x 160 mm 358pp 15 tables 978-1-108-48294-3 Hardback £170.00 / US$220.00

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International economic and trade law, WTO law

April 2019 228 x 152 mm 454pp 2 b/w illus. 4 tables 978-1-108-42499-8 Hardback £110.00 / US$140.00

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www.cambridge.org/Law2019

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Law Catalogue 2019

Dispute Settlement Reports 2017

Dispute Settlement Reports 2017

Volume 2: Pages 359 to 1064 World Trade Organization

Volume 5: Pages 2197 to 2610 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: II. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: V. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

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

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

November 2018 240 x 160 mm 710pp 15 tables 978-1-108-48293-6 Hardback £170.00 / US$220.00

November 2018 240 x 160 mm 418pp 10 tables 978-1-108-48290-5 Hardback £170.00 / US$220.00

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Dispute Settlement Reports 2017

Dispute Settlement Reports 2017

Volume 3: Pages 1065 to 1586 World Trade Organization

Volume 6: Pages 2611 to 3034 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: III. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: VI. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

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

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

November 2018 240 x 160 mm 526pp 10 tables 978-1-108-48292-9 Hardback £170.00 / US$220.00

November 2018 240 x 160 mm 428pp 35 tables 978-1-108-48289-9 Hardback £170.00 / US$220.00

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Dispute Settlement Reports 2017

Dispute Settlement Reports 2017

Volume 4: Pages 1587 to 2196 World Trade Organization

Volume 7: Pages 3035 to 3766 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: IV. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: VII. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

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

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

November 2018 240 x 160 mm 614pp 1 b/w illus. 15 tables 978-1-108-48291-2 Hardback £170.00 / US$220.00 R

November 2018 240 x 160 mm 736pp 5 b/w illus. 20 tables 978-1-108-48288-2 Hardback £170.00 / US$220.00 R

Law Catalogue 2019

Dispute Settlement Reports 2017

Smart Mixes for Transboundary Environmental Harm

Volume 8: Pages 3767 to 4372 World Trade Organization

These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide studying international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2017: VIII. • The Reports include Panel and Appellate Body reports, as well as arbitration awards • These are the WTO authorized and paginated reports in English • Contains a cumulative index of published disputes

Edited by Judith van Erp | Universiteit Utrecht, The Netherlands

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

This volume addresses how combinations of public and private actors, and legislation and informal rules, can become smart mixes to regulate transboundary environmental harm. It will interest students and researchers of environmental law and regulation, as well as scholars of international law, instrument design, political science, and sociology.

• Proposes a new approach to environmental policy instruments • Provides a theoretical framework related to smart instrument mixes as well as a concluding analysis based on the chapters • Moves beyond case studies in specified domains to draw lessons about policy design

November 2018 240 x 160 mm 610pp 2 b/w illus. 30 tables 978-1-108-48287-5 Hardback £170.00 / US$220.00 R

Environmental law | Cambridge Studies on Environment, Energy and Natural Resources Governance

February 2019 228 x 152 mm 360pp 11 b/w illus. 8 tables 978-1-108-42838-5 Hardback £95.00 / US$125.00

Lessons from the Clean Air Act

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International Judicial Practice on the Environment

Building Durability and Adaptability into US Climate and Energy Policy Edited by Ann Carlson | University of California, Los Angeles School of Law

This book examines the Clean Air Act to find lessons to inform policy makers at the state and federal level with regard to shaping energy and climate policy. Students and scholars will benefit from a structured introduction and evaluation of some of the most prominent programs under the Act. • Evaluates the success and failures of the Clean Air Act from various disciplines, including law, economics, and political science • Provides an introduction to the Clean Air Act and examines how it continues to evolve • Utilizes the Act as a template for designing durable and flexible energy policy that can respond to new economic, technical and scientific information Environmental law

February 2019 228 x 152 mm 250pp 978-1-108-42152-2 Hardback £85.00 / US$110.00 978-1-108-43266-5 Paperback £26.99 / US$34.99

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Perspectives on Environmental Law Scholarship

Questions of Legitimacy Christina Voigt | Universitetet i Oslo

An increasing number of environmental cases are decided by international courts which lack specialist competence in environmental law. This raises fundamental questions of these courts’ legitimacy, including who has standing to bring an environmental claim, on which legal norms is it decided and whether judges have the necessary expertise.

• Analyses and compares the judicial practice of environmental cases brought to different international adjudicative bodies which lack specialisation in environmental law • Focusses on the issue of legitimacy and whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time • Examines recent environmental cases decided by international courts and looks at judicial practice in terms of trends, challenges, possibilities and outcomes Environmental law | Studies on International Courts and Tribunals

February 2019 228 x 152 mm 360pp 978-1-108-49717-6 Hardback £85.00 / US$120.00

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Reconciling Efficiency and Equity

Essays on Purpose, Shape and Direction Edited by Ole W. Pedersen | Newcastle University

A Global Challenge for Competition Law? Edited by Damien Gerard | Université Catholique de Louvain, Belgium and Cleary Gottlieb Steen amd Hamilton LLP, Brussels

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

• Leading environmental law scholars from different jurisdictions offer their personal reflections on environmental law • Examines complicated issues such as methodology, quality of scholarship, and the challenges of environmental law scholarship • Explores the nature and purpose of environmental law from the perspective of leading contributors from a variety of jurisdictions

This book explores the role of competition law as a form of economic and social regulation in modern technological capitalism. It should attract competition academics, competition policy officials, judges and policymakers, competition law students, and trade regulation experts.

• Proposes a new conceptualization of competition law taking into account fairness concerns • Advances a social contract perspective in understanding the goals of competition • Examines the way competition law can work for the people and can limit economic power • Explores the governance arrangements for a more effective competition law enforcement

Environmental law

Competition law, anti-trust law | Global Competition Law and Economics Policy

November 2018 228 x 152 mm 254pp 1 table 978-1-108-47524-2 Hardback £80.00 / US$110.00

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March 2019 228 x 152 mm 500pp 18 b/w illus. 7 tables 978-1-108-49808-1 Hardback £110.00 / US$140.00

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Law Catalogue 2019

The Interaction Between Competition Law and Corporate Governance Opening the ‘Black Box’ Florence Thépot | University of Glasgow

This book explores the interaction between competition law and corporate governance. It will appeal to an audience of lawyers and nonlawyer competition professionals in the US, UK, and EU, as well as other jurisdictions with competition law regimes.

• Provides the first systematic account of the interaction between competition law and corporate governance • Develops a distinctive understanding of the ever-lasting cartel problem, as explained by individual and organizational factors • Proposes a unified approach to the delicate question of liability in various types of economic relationships, such as within corporate groups, commercial agency agreements, and companies Competition law, anti-trust law | Global Competition Law and Economics Policy

February 2019 228 x 152 mm 300pp 2 b/w illus. 1 table 978-1-108-42249-9 Hardback £80.00 / US$110.00

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Corporate Duties to the Public Barnali Choudhury | University College London

This book is aimed at scholars, policymakers, industry and non-governmental organizations, lawyers and business managers. By offering a systematic understanding of the most pertinent corporate responsibilities, the ideas in this book can be used both to develop policies and rules in this area and to hold corporations accountable.

• Provides an in-depth look at instances that imply corporate duties to the public and examines a range of pertinent corporate duties issues • Investigates the theory and practice of corporate responsibilities toward third parties and looks at how they work, whether they are justified, and how they should be designed in the future • Explores the role of corporations beyond traditional corporate social responsibility (CSR) to examine the idea of corporate responsibilities more broadly and with reference to a range of theoretical viewpoints Corporate law, commercial law, company law

November 2018 228 x 152 mm 450pp 978-1-108-42146-1 Hardback £95.00 / US$130.00

PREVIOUSLY ANNOUNCED

Transboundary Water Disputes State Conflict and the Assessment of their Adjudication Itzchak E. Kornfeld | Hebrew University of Jerusalem

The Cambridge Companion to Comparative Family Law

In this book Kornfeld analyzes the effectiveness of North American international courts and ad hoc arbitral tribunals, in adjudicating transboundary water disputes and allocating scarce water resources. He traces the historical development of water law, taking into account issues of sovereignty, jurisdiction and scientific evidence.

• Examines a series of cases in water law with a particular focus on allocation of water in transboundary disputes • Develops five criteria for measuring the effectiveness of courts and tribunals in water law • Considers the role of states and of international courts and tribunals in adjudicating water disputes

Edited by Shazia Choudhry | Queen Mary University of London

Dispute resolution, mediation and arbitration

February 2019 228 x 152 mm 200pp 978-1-107-18660-6 Hardback £85.00 / US$110.00

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In the face of rapid changes in social norms, demographics and political expectations, families and family law have faced significant challenges.

This book takes a jurisdictional approach and explores how different countries have tackled these issues. It is aimed at students, practitioners and academics across a variety of disciplines.

• A wide range of jurisdictions are represented in the book and common themes are identified • Includes contributions from a wide range of academics from all over the world • Provides students with a diverse range of cultures and backgrounds Family law | Cambridge Companions to Law

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PREVIOUSLY ANNOUNCED

Corporate Governance in Asia A Comparative Approach Edited by Bruce Aronson | US-Asia Law Institute, School of Law

A comprehensive textbook that provides a comparative overview of corporate governance frameworks and practices in major Asian countries.

Aimed at undergraduate and graduate students in law school, business school and international studies. Academics, analysts and practitioners will find the book an essential reference for their research/practice.

• Provides a single source for learning both general theory and in-depth analysis of corporate governance systems in important jurisdictions in Asia • Features six foundational chapters focusing on general theory and widely known corporate governance systems in the West, suitable for teaching a general course on comparative corporate governance • Contains eight country-specific chapters, authored by leading experts in important jurisdictions in Asia, which follow a common template and highlight innovations and developments in each jurisdiction Corporate law, commercial law, company law

January 2019 244 x 170 mm 400pp 11 b/w illus. 15 tables 978-1-108-42077-8 Hardback £89.99 / US$125.00 P 978-1-108-43087-6 Paperback £34.99 / US$49.99 P

January 2019 228 x 152 mm 375pp 978-1-107-16753-7 Hardback c. £69.99 / c. US$109.99 978-1-316-61805-9 Paperback c. £26.99 / c. US$44.99

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Personal Debt in Europe The EU Financial Market and Consumer Insolvency Federico Ferretti | Università di Bologna

Federico Ferretti and Daniela Vandone examine the ‘dark side’ of personal debt, or over-indebtedness, in social, economic and legal terms. This book will appeal to an interdisciplinary mix of researchers in Europe and around the world studying the impact of personal/household debt and the best ways to address it.

• Analyses personal debt and the over-indebtedness of consumers in the European Union from the multi-disciplinary perspectives of economics, policy, and law • Examines the state and adequacy of EU policies and law in dealing with the large scale of over-indebted consumers and their insolvency • Provides a cross-country and time-series analysis of the personal debt market, the personal debt industry, and the characteristics of overindebted consumers European law

March 2019 228 x 152 mm 272pp 24 b/w illus. 6 tables 978-1-108-42673-2 Hardback £85.00 / US$110.00

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Law Catalogue 2019

Building Consensus on European Consensus

Foreclosed Mortgage Servicing and the Hidden Architecture of Homeownership in America Christopher K. Odinet | University of Oklahoma, College of Law

Judicial Interpretation of Human Rights in Europe and Beyond Edited by Panos Kapotas | University of Portsmouth

The book is addressed to researchers and students in law, political science and philosophy studying the making of human rights standards. It is also of interest to non-academic audiences, such as judges, practicing lawyers, national authorities developing human rights policies, and civil society organisations engaged in human rights advocacy.

• Contributes to the conceptualisation and understanding of the function of European consensus as a tool of interpretation in European human rights law • Engages with a critical evaluation of consensus analysis and contributes to the existing discourse on its desirability as a means of enhancing the external legitimacy of the European Court of Human Rights • Offers a comparative analysis of European consensus with similar methods of interpretation in other legal systems European law

January 2019 228 x 152 mm 480pp 1 b/w illus.

978-1-108-47332-3 Hardback £105.00 / US$145.00

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The Crisis behind the Euro-Crisis The Euro-Crisis as a Multidimensional Systemic Crisis of the EU Edited by Eva Nanopoulos | Queen Mary University of London

The book is aimed at anyone engaged in EU studies (lawyers, political scientists, political economists), but also anyone interested in the history, form and future of European integration and contemporary political debates about the European trajectory. Its inter-disciplinary contributions will appeal to both EU law specialists and non-specialists.

• Proposes to situate the legal examination of the Euro-crisis in a systemic context, which includes socio-political analyses • The book actively invites critical examination of the EU, encouraging inter-disciplinary dialogue and the use of analysis that goes beyond that of traditional EU law discourse • Includes contributions that touch on broader ideological, political and practical aspects of European integration, informed by the relevant experience of the different writers European law

January 2019 228 x 152 mm 450pp 978-1-108-47034-6 Hardback £95.00 / US$125.00

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Polycentricity in the European Union

Foreclosed sheds light on stories of homeowners that have been neglected, particularly those facing foreclosure and deep financial distress. This book reveals the powerful and often invisible mortgage servicing industry, the tremendous discretionary power it wields over the housing of most Americans, and the servicing problems that persist today.

• Uses real-world stories of homeowners in distress and explains the homeowner-lender-mortgage servicer relationship • Gives readers insight into one of the most prevalent but often misunderstood legal relationships in the American economy in a way that is understandable and accessible • Provides policy makers at the state and federal level with concrete and politically realistic solutions to not only regulate mortgage servicers but also giving homeowners the legal tools they need to assert themselves in our legal system Financial law, banking law

February 2019 228 x 152 mm 300pp 1 b/w illus.

978-1-108-41870-6 Hardback £91.99 / US$120.00 978-1-108-40635-2 Paperback £26.99 / US$34.99

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The Political Economy of Financial Regulation Edited by Emilios Avgouleas | University of Edinburgh

This collection of cutting-edge scholarship examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research. It features an excellent mix of authors ranging from global leaders to rising stars and addresses questions from the EU to China.

• Discusses key problems of financial regulation from a political economy perspective • Offers diverse analytical perspectives and innovative applications to problems facing the regulation of finance globally and in key jurisdictions • Provides contributions based on methodologies, contexts, and normative outcomes that provide unique insights into financial regulation and policy Financial law, banking law | International Corporate Law and Financial Market Regulation

January 2019 228 x 152 mm 496pp 12 b/w illus. 24 tables 978-1-108-47036-0 Hardback £110.00 / US$140.00 C

Josephine van Zeben | University of Oxford

This book provides new insights on EU governance based on polycentric governance theory, developed

by Vincent Ostrom and Nobel Prize winner Elinor Ostrom. It is relevant for scholars and students of EU law and policy, as well as for policymakers and those interested in comparative institutional analysis.

• Introduces the key features of Ostrom polycentric governance theory and presents a workable framework of the theory in practice • Expands the application of polycentricity to the EU, outside of the United States and natural resource management • Provides an alternative perspective on EU governance, compared to EU federalism or renationalization of powers • Gives a new perspective on established EU processes and analyses specific EU processes such as access to justice, access to information, and learning, as essential parts of polycentricity European law

March 2019 228 x 152 mm 332pp 9 tables 978-1-108-42354-0 Hardback £85.00 / US$110.00

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Law Catalogue 2019

The Case for an International Court of Civil Justice

New Technologies and the Law in War and Peace

Maya Steinitz | University of Iowa School of Law

Edited by William H. Boothby | Geneva Centre for Security Policy

People in developing countries whose lives and livelihoods are destroyed by multinational corporations have no place to turn for justice. Still they try, costing corporate defendants time and money. Explains why national courts do not help, and offers an alternative intended to appeal to victims, corporations, national governments and lawyers.

• Addresses a global audience of scholars, students, lawyers, and general educated readership • Readers will learn about the history of the problem and this possible solution through easy-to-understand stories set in India, Ecuador and Nigeria • Provides highly sophisticated legal analysis of global access to justice deficit in transnational mass tort cases as well as detailed, workable plans for the new international court Criminal law

December 2018 228 x 152 mm 254pp 978-1-107-16285-3 Hardback £85.00 / US$110.00

Humanitarian law, law of armed conflict

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Plausible Crime Stories The Legal History of Sexual Offences in Mandate Palestine Orna Alyagon Darr | Sapir Academic College, Israel and Ono Academic College, Israel

December 2018 228 x 152 mm 450pp 978-1-108-49753-4 Hardback c. £115.00 / c. US$150.00 978-1-108-74012-8 Paperback c. £39.99 / c. US$49.99

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PREVIOUSLY ANNOUNCED

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

• Presents the first in-depth study of the history of sex offences in Mandate Palestine and examines the issue of plausibility in a specific socio-cultural setting • Offers an innovative approach to the historical study of criminal law and evidence in relation to plausibility • Utilises archival materials and court case documents to examine judicial proceedings and explore the role cultural categories such as age, gender or nationality play in the process of proof Criminal law | Law in Context

November 2018 247 x 174 mm 212pp 978-1-108-49723-7 Hardback £80.00 / US$110.00

Policymakers, legislators, scientists, thinkers, military strategists, academics, and indeed all with an interest in understanding the future want to know how twenty-first century scientific advance is to be regulated in war and peace. This book takes numerous technologies in turn and tries to provide some of the answers.

• Explains new and emerging technologies in accessible terms that will enable the reader to understand the nature and potential applications of cutting edge technologies • Adopts a novel, comparative law approach to the warfare and peacetime applications of specific technologies that will help to evaluate topical issues of new law and policy • Sets ideas of composition in international law alongside linkages between emerging technologies and discusses future legal and policy challenges

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The United States Department of Defense Law of War Manual Commentary and Critique Edited by Michael A. Newton | Vanderbilt University, Tennessee

The Department of Defense Manual provides a consolidated compendium of the American approach to modern warfighting. This book dissects the 1193 pages and 7029 footnotes in a manner that permits readers and military practitioners to understand precisely the strengths and weaknesses of the US legal and policy pronouncements.

• Highlights the dramatic changes between the 1956 US Army Manual and the 2016 Department of Defense Law of War Manual • Informs practitioners, military officers, international experts, and informed citizens about the most pressing and controversial issues of our day in light of modern legal principles • Contains expert perspectives from both academics and military practitioners from around the world Humanitarian law, law of armed conflict

December 2018 228 x 152 mm 400pp 978-1-108-42715-9 Hardback £89.99 / US$125.00 978-1-108-44769-0 Paperback £36.99 / US$49.99

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Law Catalogue 2019

AVAILABLE OPEN ACCESS

Justice Framed

Genetic Resources, Justice and Reconciliation

A Genealogy of Transitional Justice Marcos Zunino | British Institute of International and Comparative Law

An essential resource for anybody interested in transitional justice and human rights. Lawyers, policy-makers, transitional justice scholars and historians will find that it provides a compelling account of the history of transitional justice, uncovering forgotten episodes and neglected mechanisms for responding to past human rights violations.

• Presents a comprehensive analysis of the history of transitional justice, providing a unique perspective on the emergence and development of this discourse • Challenges existing historical narratives of the development of transitional justice and identifies forgotten episodes and mechanisms • Shows how the historical emergence of the discourse of transitional justice has influenced which responses to past human rights violations are considered valid Humanitarian law, law of armed conflict

March 2019 228 x 152 mm 313pp 978-1-108-47525-9 Hardback £85.00 / US$110.00

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Canada and Global Access and Benefit Sharing Edited by Chidi Oguamanam | University of Ottawa

This collection focuses on Indigenous perspectives on the sharing of traditional knowledge and the exploitation of genetic resources in Canada.

This book is for public policy makers, Indigenous communities, environmental policymakers, lawyers, and researchers with a biodiversity, biotechnology, traditional knowledge, or climate change focus. This book is also available as Open Access.

• Represents the only single book-length work that focuses exclusively on access and benefit sharing in Canada as it relates to Indigenous peoples • Features a unique undergirding methodology derived from actual conversations with Indigenous peoples who will be affected by whatever Access and Benefit Sharing (ABS) policy the government of Canada decides to implement • The focus on Indigenous peoples’ voices, lived experience, and unique perspective on knowledge, innovation, ownership, and conservation provides fascinating and novel insights • This title is also available as Open Access

An Islamic Vision of Intellectual Property

Intellectual property

Theory and Practice Ezieddin Elmahjub | Swinburne University of Technology, Victoria

December 2018 228 x 152 mm 300pp 3 b/w illus. 5 tables 978-1-108-47076-6 Hardback £85.00 / US$120.00 C

This book shows that Islamic sources offer a comprehensive theory of social justice with a strong focus on the distribution of rights and obligations to access and re-use knowledge and cultural products. It will appeal to readers interested in many disciplines, including Islamic and comparative legal studies, and theories and cultural studies of intellectual property.

• Proposes a new comparative theory of intellectual property (IP) that will attract the attention of readers who are uncomfortable with a singular Western vision of IP • Demonstrates how the Islamic vision of IP is fundamentally anchored in social justice and overlaps with comparative Western theories of social justice • Provides enormous support to the human development framework of IP, which will appeal to those critical of IP expansion and concerned about IP’s impact on human development measures Intellectual property

January 2019 228 x 152 mm 250pp 978-1-107-18283-7 Hardback £94.99 / US$125.00 978-1-316-63269-7 Paperback £29.99 / US$39.99

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The Right To Parody Comparative Analysis of Copyright and Free Speech Amy Lai | University of British Columbia, Vancouver

Licensing and Access to Content in the European Union Regulation between Copyright and Competition Law Sebastian Felix Schwemer | University of Copenhagen Faculty of Law

Schwemer investigates the regulation of the audiovisual and music sectors, two online markets that have been subject to scrutiny by the European institution, and offers a guide to the evolving landscape for multi-territorial access and licensing of copyrighted works. It will appeal to legal scholars, students, practitioners, and policy-makers.

• Provides a comprehensive in-depth investigation of the conflict between territorial exploitation and the borderless nature of the internet in the context of the Digital Single Market and the most recent regulatory developments • Investigates the regulation of two topical and rapidly expanding online markets, namely of audiovisual and musical works, and how the markets encompass collective management, geo-blocking and portability • Offers a highly valuable overview of extremely complicated, complex and dynamic issues, so that both readers familiar and readers lessfamiliar with the subject matter will gain insights from the book Intellectual property | Cambridge Intellectual Property and Information Law, 49

The author argues that parody, in addition to being an increasingly recognized defense to copyright infringement, is a human right. Written in non-specialist language, this book will appeal to both scholars and general readers interested in intellectual property, constitutional law, and free speech advocacy.

• Proposes a new view of parody in copyright law • Brings together common and civil law jurisdictions in discussion • Covers an Asian jurisdiction and offers an in-depth study of the sociopolitical landscape of Hong Kong as it illuminates the significance for its copyright law to adopt a parody exception • Combines philosophical inquiries with legal analyses in this multijurisdictional study

January 2019 228 x 152 mm 300pp 7 b/w illus. 1 table 978-1-108-47577-8 Hardback £85.00 / US$110.00

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Intellectual property

December 2018 228 x 152 mm 250pp 978-1-108-42738-8 Hardback £80.00 / US$110.00

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Law Catalogue 2019

PREVIOUSLY ANNOUNCED

Blockchain Regulation and Governance in Europe

Regulating Religion in Asia

Michèle Finck | Max-Planck-Institut für Innovation und Wettbewerb, Munich

Michèle Finck examines the relationship between blockchain technology and EU law and introduces the theme of blockchain governance. This book will appeal to scholars, students, practitioners and policymakers interested in blockchain technology and to readers intrigued by the relationship between law and innovation more generally.

• Provides an introduction to blockchain governance and protocol maintenance • Underlines the centrality of adequate governance processes for the technology’s future • Introduces the overall relationship between blockchain and law • Argues that blockchains need to be interoperable with law to be adopted a broad scales E-commerce law, internet law

December 2018 228 x 152 mm 215pp 978-1-108-47475-7 Hardback £94.99 / US$125.00 978-1-108-46545-8 Paperback £34.99 / US$44.99

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TEXTBOOK

Socio-legal studies

February 2019 228 x 152 mm 430pp 978-1-108-41617-7 Hardback £95.00 / US$130.00

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A Promising Law and Humanities Approach Helle Porsdam | University of Copenhagen

Fiona Hum | Monash University, Victoria

Australian Uniform Evidence Law offers a studentfriendly introduction to the law of evidence and its operation across Uniform Evidence Act jurisdictions.

Using the Evidence Act 1995 (Cth) as its point of reference, this text introduces basic concepts first and then leads students into more detailed coverage of the Act. • Provides clear and accessible text with a logical structure written for students • Features well-chosen and curated case extracts and legislation • Includes problems in each chapter and ‘Putting it all together’ problems at the end of the book to show how the topics interrelate Contents: 1. Introduction; 2. Adducing evidence; 3. Relevance; 4. Hearsay; 5. Opinion; 6. Admissions; 7. Tendency and coincidence; 8. Credibility; 9. Character; 10. Identification evidence; 11. Privileges; 12. Discretionary and mandatory exclusions; 13. Facilitation of proof and ancillary matters; 14. Putting it all together; 15. Suggested answers to practice problems.

Evidence

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

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

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

December 2018 228 x 152 mm 162pp 978-1-108-49728-2 Hardback £80.00 / US$110.00

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

• Explores the relationship between law, religion and society from an Asian perspective that will expand and build on existing studies from the west • Provides theoretical perspectives as well as case studies focusing on Asian experiences • Provides insights from a wide range of contributors and presents a multi-disciplinary perspective on the topic

The Transforming Power of Cultural Rights

Australian Uniform Evidence Law

April 2019 247 x 174 mm 528pp 978-1-108-45001-0 Paperback £90.00 / US$144.95

Norms, Modes, and Challenges Edited by Jaclyn L. Neo | National University of Singapore

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Cultural rights are transformative and empowering.

They enable people to aspire to a better future for themselves and play a key role in realizing all other human rights. This book discusses how cultural rights provide a much-needed discourse to explore, negotiate, and come to new cross-cultural understandings.

• Proposes cultural rights talk as an empowering tool • Offers an exploration of four core cultural rights • Transitions between literary and legal texts Socio-legal studies

January 2019 228 x 152 mm 225pp 978-1-108-42755-5 Hardback £80.00 / US$110.00

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The Legal Process and the Promise of Justice Studies Inspired by the Work of Malcolm Feeley Edited by Rosann Greenspan | University of California, Berkeley

Malcolm Feeley is one of the founding giants of the law and society field, whose vast scholarship examines legal process from the inner workings of criminal courts to the possibility of prison reform. This volume offers essays by leading law and society scholars who reflect on, analyze, and expand Feeley’s scholarship.

• Offers international perspectives on issues formerly studied only in the context of the United States • Sheds new light on lower courts scholarship • Provides a one volume introduction to a core set of socio-legal research areas that share a common concern with legal process Socio-legal studies | Cambridge Studies in Law and Society

February 2019 228 x 152 mm 250pp 978-1-108-41568-2 Hardback £80.00 / US$110.00

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Law Catalogue 2019

AVAILABLE OPEN ACCESS

Sanctity of Contracts in a Secular Age

Gift Exchange

Equity, Fairness and Enrichment Stephen Waddams | University of Toronto

The Transnational History of a Political Idea Grégoire Mallard | Graduate Institute of International and Development Studies, Geneva

This book explores Marcel Mauss’s ideas on gift exchanges to examine financial and commercial governance, both within Europe and between Europe and the rest of the world. It will appeal to students and scholars of law and society, the global history of international law, anthropology, sociology, and political science in the twentieth century. This title is also available as Open Access on Cambridge Core.

• Demonstrates the relevance of Marcel Mauss’s ideas of gift exchange to twentieth-century anthropology and to political debates about international economic governance • Proposes a new history of international economic relations in the twentieth century • This book is also available as Open Access on Cambridge Core Socio-legal studies | Cambridge Studies in Law and Society

April 2019 228 x 152 mm 280pp 978-1-108-48969-0 Hardback £84.99 / US$110.00 978-1-108-45348-6 Paperback £27.99 / US$34.99

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

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

April 2019 228 x 152 mm 250pp 978-1-108-42567-4 Hardback £85.00 / US$110.00

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Remedies in Australian Private Law Second edition Katy Barnett | University of Melbourne

Care for the World Laudato Si’ and Catholic Social Thought in an Era of Climate Crisis Edited by Frank Pasquale | University of Maryland

This volume convenes leading scholars to reflect on the legal, economic, practical, and philosophical implications of religious values. Inspired by the celebrated encyclical Laudato Si’, they offer gracefully written and learned reflections on what it would mean to express an ethic of compassion and care for the world.

• Directly applies Catholic social thought to the question of the treatment of labor • Conveys the philosophical foundations of Catholic social thought • Contrasts the approach of Catholic social thought with other approaches to policy formation Socio-legal studies | Law and Christianity

February 2019 228 x 152 mm 300pp 978-1-316-51046-9 Hardback £80.00 / US$110.00

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Consentability Consent and its Limits Nancy S. Kim | California Western School of Law

Consentability examines the relationship between consent, autonomy, and contract, what it means to consent, and proposes new models for how society should determine which activities should (or should not be) consentable. This book is intended for a general audience, as well as policymakers, legislators, judges, lawyers, scholars, and students.

• Proposes a new model for consent that better reflects human behavior • Provides greater clarity engaging in doctrinal analysis of legal issues involving consent • Offers a transparent and systematic way to evaluate morally complex issues

Remedies in Australian Private Law offers a detailed introduction to remedies and their functions under Australian law. With a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute, and develops a framework for understanding the principles of private law remedies and their application.

• A clear, comprehensive and accessible text on remedies’ principles for students • Provides a logical map of the law of remedies which helps students understand the connections • The book is thoroughly updated and includes extended discussions, new sections and reorganisation of content Contents: 1. Introduction; Part I. General Principles of Compensation: 2. Assessment of compensation; 3. Attribution of responsibility; 4. Multiple wrongdoers; Part II. Compensation in Specific Contexts: 5. Compensation for breach of contract; 6. Compensation in tort; 7. Compensation for personal injury and death; 8. Compensation under the Australian Consumer Law; 9. Equitable compensation for equitable wrongs; Part III. Remedies Compelling Performance and Related Remedies: 10. Specific performance; 11. Injunctions; 12. ‘Equitable damages’ or Lord Cairns’ Act damages; Part IV. Remedies as Vindication: 13. Self-help remedies; 14. Exemplary damages and aggravated damages; 15. Apologies and declaratory relief; Part V. Account of Profits and Other Gain-Based 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.

Law (general)

September 2018 247 x 174 mm 580pp 978-1-108-40475-4 Paperback £85.00 / US$110.00

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Contract law

February 2019 228 x 152 mm 250pp 8 b/w illus.

978-1-107-16491-8 Hardback £74.99 / US$99.99 978-1-316-61655-0 Paperback £26.99 / US$34.99

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Law Catalogue 2019

Legal Transplants in East Asia and Oceania

Great Christian Jurists in French History

Vito Breda | University of Southern Queensland

Edited by Olivier Descamps | Pantheon-Assas University, Paris

Explores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant.

• Shows how legal systems in the regions have adapted alien legal institutions in a way that aligns with distinctive socio-political environments • Discusses multinational and international policies such as enforcement of trans-border contractual obligations, environmental protection, and the management of natural resources and human capital • Provides an internal perspective on the recent historical developments of a range of legal traditions

Jurisprudence, legal theory | Law and Christianity

June 2019 228 x 152 mm 450pp 1 b/w illus.

978-1-108-48408-4 Hardback £94.99 / US$125.00

Jurisprudence, legal theory

June 2019 228 x 152 mm 320pp 978-1-108-47529-7 Hardback £85.00 / US$110.00

This volume examines the lives of twentyseven French jurists from the vantage point of their professed Christian faith. By studying the contributions these French jurists have made over the centuries, this volume illustrates the rich and enduring interactions between Christianity and law and provides a rich interdisciplinary methodology.

• Includes historical legal biographies of French Jurists from a Christian perspective • Presents a unique comparative study of law and religion • Uses a rich interdisciplinary methodology

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Great Christian Jurists in American History

Flourishing Lives

Edited by Daniel L. Dreisbach | American University, Washington DC

Exploring Natural Law Liberalism Gary Chartier | La Sierra University, California

This book develops a winsome and confident understanding of political and social liberalism while exploring issues in ethics, law, and politics – including consumer responsibility, deception by lawyers, war and empire, and the use of victimimpact statements in parole decisions – in light of a rich understanding of fulfilment and flourishing.

• Highlights natural law theory’s contemporary relevance • Articulates an understanding of natural law theory supportive of pluralism and diversity • Illustrates natural law theory by applying it in discussions of contemporary philosophical issues, and social and political concerns

This book profiles nineteen of America’s most influential Christian jurists from the early colonial era to the present day. It will be of interest to anyone interested in American legal history and jurisprudence, the role Christianity has played throughout the nation’s history, and the relationship between faith and law.

• Offers an original list of America’s greatest Christian jurists based on a survey of more than fifty experts • Explores different ways faith can inform the thought and work of jurists • Includes profiles of America’s greatest jurists from the early colonies to the present day Jurisprudence, legal theory | Law and Christianity

July 2019 228 x 152 mm 342pp 978-1-108-47535-8 Hardback £99.99 / US$130.00

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Jurisprudence, legal theory

August 2019 228 x 152 mm 302pp 978-1-108-49304-8 Hardback £85.00 / US$110.00

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From the Puritans to the Legal Realists Andrew Forsyth | Yale University, Connecticut

The Nature of International Law Miodrag A. Jovanović | University of Belgrade

This book addresses not only academics with interest in the philosophy of international law, but also international legal practitioners and scholars who are willing to reflect upon their daily dealing with traditional international legal issues by adopting a deeper, legal-theoretical perspective.

• Provides a comprehensive analytical account of international law and discusses the most important questions of international legal practice • Analyzes typical features of (international) law – normativity, institutionalization, (coercive) guaranteeing, and justice-aptness • Proposes a new methodological approach in jurisprudence – the prototype theory of law Jurisprudence, legal theory | ASIL Studies in International Legal Theory

May 2018 228 x 152 mm 220pp 978-1-108-47333-0 Hardback £85.00 / US$110.00

Common Law and Natural Law in America

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Students of law, history, ethics, or religion will learn from this fresh and ambitious four-hundred-year narrative of the varied interactions of American common law – the stuff of courtrooms – and natural law, a higher moral law. Arguing against prevailing scholarly views, its chapters re-assess major figures and debates.

• Explains the role of natural law theory, and the religious foundations of aspects of today’s law, politics, and society • Offers a counter-narrative to the dominant story of the relationship of natural law and common law in America • Draws from the fields of American legal and political history, theology, and philosophy Jurisprudence, legal theory | Law and Christianity

May 2019 228 x 152 mm 225pp 978-1-108-47697-3 Hardback £85.00 / US$110.00

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Law Catalogue 2019

PREVIOUSLY ANNOUNCED

The Immortal Commonwealth Covenant, Community, and Political Resistance in Early Reformed Thought David P. Henreckson | Dordt College, Iowa

How would we understand early modern political context differently if we accounted for the theological commitments of early modern resistance theorists? The Immortal Commonwealth argues that by taking these theological sources seriously, we have a richer, truer perspective on early modern radical political thought.

• Offers a more comprehensive analysis of the early modern political context than is offered through any single disciplinary perspective • Addresses the theological as well as the political arguments for resistance to unjust power • Focuses on neglected figures in the history of political thought, including Heinrich Bullinger, Theodore Beza, and Johannes Althusius Jurisprudence, legal theory | Law and Christianity

August 2019 228 x 152 mm 212pp 978-1-108-47021-6 Hardback £85.00 / US$110.00

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Law, Love and Freedom From the Sacred to the Secular Joshua Neoh | Australian National University, Canberra

This book relates our most important mode of social organization, law, to two of our most cherished values, love and freedom. It sketches the moral vision that underlies our modern legal order. This book speaks to lawyers, philosophers, theologians and historians, who are interested in law as a humanistic discipline.

• Will appeal to scholars who are interested in the intersection of law and religion • Presents a conceptual analysis of the ideas of law, love and freedom • The idea that history can substantiate theory is expounded and defended Jurisprudence, legal theory | Law and Christianity

June 2019 228 x 152 mm 225pp 978-1-108-42765-4 Hardback c. £85.00 / c. US$110.00

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Great Christian Jurists and Legal Collections in the First Millennium Edited by Philip L. Reynolds | Emory University, Atlanta

An anthology of essays by experts in diverse historical fields, designed for entry-level students as well as for scholars, showing how Christians of the first millennium in the West understood law and used written norms and corrective practices to maintain social order and to ensure salvation.

• Invites a more holistic and realistic appreciation of the early-medieval contributions to the history of law and jurisprudence • Provides succinct, accessible surveys of complex areas of medieval thought and history, with suggestions for further reading • Provides thumbnail sketches of the contribution of famous authors specifically in the areas of law and normativity Jurisprudence, legal theory | Law and Christianity

August 2019 228 x 152 mm 400pp 978-1-108-47171-8 Hardback £99.99 / US$130.00

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Government Accountability Australian Administrative Law Second edition Judith Bannister | University of Adelaide

The second edition of Government Accountability: Australian Administrative Law offers an accessible introduction to administrative law. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures.

• Presents a thorough account of the administrative state and the mechanisms that exist to bring the state to account for its action • Contextualises the theory and explanation of administrative law • Includes carefully chosen case studies and events that offer practical examples of the principles being discussed and how they are applied Contents: 1. Introduction; Part I. Administrative Decision-Making: 2. Organisation and structure of government; 3. Administrative powers; 4. Delegated legislation; Part II. Public Accountability Mechanisms: 5. Public investigatory bodies; 6. Information disclosure; Part III. Merits Review: 7. Review on the merits; 8. Administrative review tribunals; Part IV. Judicial Review: 9. Introduction to judicial review; 10. Limits on judicial review; 11. Introduction to the grounds of review; 12. Procedural fairness; 13. Determining the scope of a power; 14. Improper exercise of power; 15. Consequences of unlawful action.

Constitutional and administrative law, public law

January 2019 247 x 174 mm 594pp 978-1-316-63669-5 Paperback £89.99 / US$135.00

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PREVIOUSLY ANNOUNCED TEXTBOOK

Government Accountability Australian Administrative Law Sources and Materials Judith Bannister | University of Adelaide

Government Accountability: Australian Administrative Law Sources and Materials is a companion text to the second edition of Government Accountability: Australian Administrative Law. The casebook follows the structure of the textbook and provides a sophisticated introduction to the principal areas of administrative law taught in Australia.

• Emphasises statutory interpretation by setting out the relevant statutory provisions at the start of each case extract and by showing how these provisions were interpreted in each case • Enriches the study of administrative law by including a range of parliamentary materials, government reports, and scholarly writing in addition to cases • Case extracts show the human and social context in which administrative law is applied Contents: 1. Introduction; Part I. Administrative Decision-Making: 2. Organisation and structure of government; 3. Administrative powers; 4. Delegated legislation; Part II. Public Accountability Mechanisms: 5. Public investigatory bodies; 6. Information disclosure; Part III. Merits Review: 7. Review on the merits; 8. Administrative review tribunals; Part IV. Judicial Review: 9. Introduction to judicial review; 10. Limits on judicial review; 11. Introduction to the grounds of review; 12. Procedural fairness; 13. Determining the scope of a power; 14. Improper exercise of power; 15. Consequences of unlawful action.

Constitutional and administrative law, public law

December 2018 247 x 174 mm 462pp 978-1-316-64397-6 Paperback £89.99 / US$135.00

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Law Catalogue 2019

chemical regulation; 6. Comprehension asymmetries in administrative process; 7. Comprehension asymmetries in legislative processes; Part III. System-Wide Reform: 8. A blueprint for reform; Bibliography.

Constitutional Transition and the Travail of Judges The Courts of South Korea Marie Seong-Hak Kim | St Cloud State University, Minnesota

Constitutional and administrative law, public law

The book offers a new perspective to Korean legal history by focusing on the judicial role in constitutional authoritarianism in the context of Korea’s political and constitutional transitions. It can be used as an accessible textbook on modern Korea.

• Approaches modern Korean history from the perspectives of constitutional changes, major laws, and judicial cases • Explains the relationship between Korea’s national security issue and economic development in the 1970s • Discusses the concept of the authoritarian rule of law and the role of judges in Korean politics Constitutional and administrative law, public law

July 2019 228 x 152 mm 388pp 7 b/w illus.

978-1-108-47489-4 Hardback £95.00 / US$125.00

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Constitutions in Times of Financial Crisis Edited by Tom Ginsburg | University of Chicago

Constitutional provisions limit the discretion of governments in economic policy, but in times of financial crises there are pressures for exceptional responses. This volume assesses the ability of constitutional orders all over the world to cope with financial crisis, and traces the long-run implications.

• Offers the first volume on financial emergencies and constitutions • Takes a multi-jurisdictional and historical approach • Analyzes reciprocal causality Constitutional and administrative law, public law | Comparative Constitutional Law and Policy

Holes in the Safety Net Federalism and Poverty Edited by Ezra Rosser | American University Washington College of Law

May 2019 228 x 152 mm 250pp 978-1-108-49229-4 Hardback £85.00 / US$110.00

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

• Emphasizes how programs work in the real world to appeal to those interested in how programs impact people, avoiding overly academic theoretical discussions • Grounded in the relationship between states and the federal government for those interested in antipoverty work at both the federal and state levels • Connects past policies with current proposals to undermine the safety net to address concerns about rising inequality and interest in poor communities Constitutional and administrative law, public law

July 2019 228 x 152 mm 275pp 978-1-108-47573-0 Hardback £85.00 / US$110.00

August 2018 228 x 152 mm 250pp 17 b/w illus. 1 table 978-1-107-00847-2 Hardback £69.99 / US$89.99 978-1-107-40088-7 Paperback £26.99 / US$34.99

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

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

• Proposes a new way of analyzing constitution-making • Advances the theory of transnational legal ordering • Combines law, sociology and other disciplines into an integrated whole Constitutional and administrative law, public law | Comparative Constitutional Law and Policy

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Incomprehensible!

A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It Wendy Wagner | University of Texas School of Law

Contracts, patents, regulations, disclosures, and legislation are often premised on the foundational assumption that ‘more information is better’. These legal programs do not insist, however, that the information and associated communications be comprehensible. This book outlines the problem of incomprehensibility across legal fields and offers suggestions for reform.

• Introduces the concept of ‘comprehension asymmetries’ as an important feature of legal design • Identifies how law incentivizes incomprehensibility, even for wellmeaning actors • Provides a conceptual model for exploring comprehension asymmetries that transcends the six legal programs examined in the book Contents: Acknowledgments; Part I. The Concept: 1. Introduction; 2. Modeling comprehension asymmetries; 3. The implications of comprehension asymmetries for the law; Part II. Application: 4. Comprehension asymmetries and consumer protection law; 5A. Comprehension asymmetries in financial regulation; 5B. Comprehension asymmetries in the law of patents; 5C. Comprehension asymmetries in

March 2019 228 x 152 mm 320pp 16 b/w illus. 1 map 11 tables 978-1-108-47310-1 Hardback £85.00 / US$110.00 C

Drugs, Money, and Secret Handshakes The Unstoppable Growth of Prescription Drug Prices Robin Feldman | University of California, Hastings College of the Law

Feldman explains the secretive world of drug pricing deals that push patients into more expensive drugs. This book is intended for an audience of policymakers, scholars, jurists, higher education students, journalists, and general interest readers and aims to provide an accessible, easy-to-read tour of issues faced by the pharmaceutical industry.

• Exposes the system of secretive drug pricing deals that is driving high drug prices • Describes the complex topic of drug pricing in simple, straightforward language • The book is academically rigorous while completely accessible, providing information that is fully substantiated and explored through thoughtful logic US law

April 2019 228 x 152 mm 196pp 978-1-108-48245-5 Hardback £23.00 / US$29.95

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TEXTBOOK

An Introduction to Jewish Law

International Human Rights Law

François-Xavier Licari | University of Lorraine

The author delves into traditional rabbinical literature and the most recent academic research studies, and includes a multilingual bibliography that allows the student further exploration of all relevant topics.

• Written in clear and simple language that avoids technicalities, and the central concepts are explained and defined • Offers a multi-language bibliography that will allow the reader to deepen all fields that the book develops • Draws from Rabbinic literature and from the outstanding scholarly literature dedicated to Jewish law Contents: Introduction; 1. Jewish law as a subject for study; 2. Jewish law as a religious legal order; 3. The sources of Jewish law; 4. Halachic authority; 5. Hermeneutics; 6. Jewish law and the law of nations: the administration of legal pluralism.

Comparative law

March 2019 228 x 152 mm 225pp 978-1-108-42197-3 Hardback £69.99 / US$89.99 978-1-108-43311-2 Paperback £22.99 / US$29.99

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Child Perpetrators on Trial Insights from Post-Genocide Rwanda Jastine C. Barrett | University of Kent, Canterbury

Explores how standards of international juvenile justice were operationalised by the state and UNICEF in post-genocide Rwanda. Will appeal to academics, researchers and students of law (in particular child rights and human rights law), socio-legal scholars, international relations scholars and political scientists.

• Provides a significant resource for researchers on Rwanda but also on children and transitional justice, and provides insights beyond Rwanda for the treatment of child perpetrators globally • Offers a useful resource for international agencies and activists involved in child protection and in human rights protection/promotion in post-conflict situations • Goes beyond existing theoretical literature and provides evidencebased evaluation of the domestic prosecution of children accused of atrocities Human rights

August 2019 228 x 152 mm 300pp 4 tables 978-1-108-49655-1 Hardback £85.00 / US$110.00

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Cases, Materials, Commentary Third edition Olivier De Schutter | Université Catholique de Louvain, Belgium

This leading textbook on international human rights law has been significantly updated for this new edition, introducing sections on trade and investment treaties, business and climate change.

New features include more than forty new cases, figures making it easier to visualize monitoring procedures, and updated and revised ‘questions for discussion’.

• The engaging and critical style, combined with new case studies and figures, ensures students gain a deep understanding of this complex subject • Illustrates how different sources of international human rights law interact with one another, leading to the emergence of a comparative ‘common law’ of human rights • Introduces new topics including business and human rights, trade and investment treaties and human rights, and climate change and human rights Contents: Part I. The Sources: 1. The rise of international human rights; 2. State responsibility and ‘jurisdiction’; Part II. The Substantive Obligations: 3. Respecting human rights: avoiding interference; 4. Protecting human rights: regulating private actors; 5. Fulfilling human rights: progressive realization; 6. Derogations in time of public emergency; 7. The prohibition of discrimination; Part III. The Mechanisms of Protection: 8. Ensuring compliance with international human rights law: the role of national authorities; 9. The United Nations human rights treaties system introduction; 10. The United Nations charter-based monitoring of human rights; 11. Regional mechanisms of protection.

Human rights

July 2019 247 x 174 mm 1100pp 8 b/w illus.

978-1-108-46356-0 Paperback c. £45.99 / c. US$62.99

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General Principles of the European Convention on Human Rights Janneke Gerards | Universiteit Utrecht, The Netherlands

This book offers a clear insight into the principles and concepts that are key to understanding the European Convention on Human Rights (ECHR).

It explains which tools help the ECHR decide on the many cases brought before it, illustrated by numerous examples taken from the Court’s judgements.

• Explains all relevant substantive concepts and principles of ECHR law in a coherent and understandable fashion to enable students to apply them in their professional work • Uses many examples of the Court’s case-law to illustrate the relevance and meaning of the various general principles and concepts and to help students appreciate its practical applicability • Shows how the ECHR is also relevant to private law cases and contains many aspects of socio-economic rights, enabling students to see the ECHR’s application in various fields of law, such as employment law or sustainability law Contents: 1. Basics of the Convention system; 2. The Court’s overall argumentative approach: mediating between the abstract and the concrete; 3. Principles governing the interpretation and application of Convention rights; 4. Methods of Convention interpretation; 5. Positive and negative obligations; 6. Vertical and horizontal effect; 7. The margin of appreciation doctrine; 8. Justification of restrictions I: lawfulness; 9. Justification of restrictions II: legitimate aim; 10. Justification of restrictions III: necessity, proportionality and fair balance; Index.

Human rights

March 2019 246 x 189 mm 290pp 978-1-108-71828-8 Paperback £29.99 / US$39.99

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Law Catalogue 2019

Demanding Rights

The Child’s Right to Development Noam Peleg | University of New South Wales, Sydney

This book is for academics, practitioners, policymakers and civil society actors working in the fields of children’s rights, child development, family law and, more broadly, child law and childhood studies.

Based on interdisciplinary research, it suggests a new and radical conception of childhood and the meaning of children’s right to development.

• Proposes a new way to interpret children’s right to development and explores a new holistic concept of childhood, namely ‘hybrid childhood’ • Explains the significance of child development under the UN Convention on the Rights of the Child and substantiates the duties that parents, states and others have towards children • Includes a comprehensive analysis of twenty-five years of jurisprudence by the UN Committee on the Rights of the Child, useful to anyone interested in the mechanisms of international human rights law Human rights

August 2019 228 x 152 mm 276pp 978-1-107-09452-9 Hardback £85.00 / US$110.00

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Human rights | Cambridge Asylum and Migration Studies

May 2019 247 x 174 mm 232pp 6 b/w illus. 5 tables 978-1-108-49649-0 Hardback £89.99 / US$120.00 978-1-108-73388-5 Paperback £29.99 / US$39.99

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Women’s Legal Rights in South Africa Reem Wael | HarassMap, Egypt

Determining Abortion Policy Worldwide Udi Sommer | Tel-Aviv University

This book gives unique insight into how women’s reproductive rights are determined worldwide and explores the topic theoretically and empirically.

Analyzing three spheres, civil society, national government and international bodies, this book is relevant for scholars and students in social sciences, law, gender studies and development studies.

• Employs an innovative comparative framework • Touches on a timely topic around the world • Includes different levels of analyses Human rights

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North American Genocides

The book mixes theoretical and practical perspectives, providing analysis for crucial impact litigation cases on women’s rights, in addition to intricate insights from NGO staff members who have first-hand experience with both women, and state institutions. It further demonstrates the enabling factors that allow NGOs to do such impactful work.

• Offers first-hand insights from NGO staff who work directly with vulnerable communities such as women living under customary law • Sheds light on the process of negotiating human rights and state responsibility for impact litigation cases, appealing to those interested in discussions, negotiations and the thought process behind legal judgments in cases concerning gender • Links the state and NGO dynamic with the growth and development of NGOs and their ability to make legal gains for women’s rights Human rights | Cambridge Studies in Law and Society

Indigenous Nations, Settler Colonialism, and International Law Laurelyn Whitt | Brandon University, Manitoba, Canada

May 2019 228 x 152 mm 380pp 7 tables 978-1-108-47513-6 Hardback £95.00 / US$125.00

The eliminatory dynamics of settler colonialism in North America included episodes of genocide of Indigenous peoples. This book offers a legal methodology that establishes this, as well as a critique that enhances our understanding of genocide in significant ways, especially with respect to the cultural dimensions of genocide.

• Offers specific and detailed historical case studies of genocides of Indigenous peoples, using the conventional account of genocide • Considers both the strengths and limitations of the conventional account of genocide, as well as the need for a socio-historical, systemic account of genocide • Demonstrates that the forcible transfer of Indigenous children in the context of residential/boarding schools can be regarded as an act of genocide Human rights

June 2018 228 x 152 mm 225pp 978-1-108-42550-6 Hardback £85.00 / US$110.00

This interdisciplinary book evaluates key judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to migration.

Based on this multifaceted analysis, it offers a critical discussion on how Europe’s supranational system could become more effective in protecting the rights of vulnerable migrants.

• Tackles a topical and controversial subject matter, namely the rights of refugees and other vulnerable migrants in Europe • Offers a detailed evaluation of key cases of Europe’s two supranational courts within the migration domain • Addresses head-on the discrepancy between the rights that vulnerable migrants enjoy nominally and in practice

Negotiating the Power of NGOs

Producing Reproductive Rights

July 2019 228 x 152 mm 225pp 978-1-108-49316-1 Hardback £85.00 / US$110.00

Europe’s Supranational Courts and the Dilemma of Migrant Vulnerability Moritz Baumgärtel | Universiteit Utrecht, The Netherlands

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Children’s Rights and Sustainable Development Interpreting the UNCRC for Future Generations Edited by Claire Fenton-Glynn | University of Cambridge

This book is for academics and practitioners working in the fields of children’s rights, international development, and environmental law.

It takes an interdisciplinary approach, with authors coming from the fields of law, economics, early childhood education, and development studies.

• Provides a child-rights based approach to sustainable development • Considers a wide range of challenges facing children in the twenty-first century • Authors come from a wide range of disciplines – law, early childhood education, development studies Human rights | Treaty Implementation for Sustainable Development

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April 2019 228 x 152 mm 418pp 12 b/w illus.

978-1-107-19302-4 Hardback £95.00 / US$125.00

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Law Catalogue 2019

Chambers of Cambodia; 26. 2007 Special Tribunal for Lebanon Statute and Security Council Resolution 1757; 27. 2008 International Convention for the Protection of All Persons from Enforced Disappearances.

Governance As Responsibility Member States As Human Rights Protectors in International Financial Institutions Ana Sofia Barros | United Nations High Commissioner for Refugees

Public international law

Explores the dynamics of governance and responsibility between member states and international financial institutions, building on existing literature and introducing novel perspectives. It is pertinent for academics and practitioners in international human rights and institutional law, as well as legal officials of international organisations.

• Defines the border between international organisations and their member states and provides a theoretical background to help understand member state responsibility • Clarifies how international human rights law conditions member states’ governance role within international financial institutions • Introduces a new perspective and explains the application of attribution rules in the context of member state participation in the representative bodies of international (financial) institutions • Analyses the establishment of member state responsibility for failure to act with due diligence as governors of international financial institutions Public international law

July 2019 228 x 152 mm 420pp 978-1-108-49286-7 Hardback £95.00 / US$125.00

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TEXTBOOK

International Criminal Law Documents Edited by Robert Cryer | University of Birmingham

This text collects the major documents on international criminal law, a subject of increasing importance at postgraduate and undergraduate level. Edited by a scholar with more than twenty years’ experience of teaching international criminal law, this book is ideal for use by students and practitioners.

• Offers a one-stop resource for the key texts important in international criminal law • Suited to students and practitioners alike, providing a companion for study, exam use and practice • Edited by a specialist in the field with more than twenty years’ experience of teaching international criminal law Contents: 1. 1919 Report of the Commission on the Responsibility of the War, and on their Punishment (excerpts); 2. 1919 Treaty of Versailles (excerpts); 3. 1945 Nuremberg International Military Tribunal (IMT) Statute; 4. 1945 Nuremberg IMT Rules of Procedure and Evidence (RoPE); 5.

1945 Control Council Law 10; 6. 1946 Tokyo IMT Statute; 7. 1946 Tokyo IMT RoPE; 8. 1948 Convention on the Prevention and Punishment of the Crime of Genocide; 9. 1949 Geneva Conventions (excerpts); 10. 1968 Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes Against Humanity; 11. 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid; 12. 1974 Definition of Aggression (General Assembly Resolution 3314); 13. 1977 Additional Protocol I to the 1949 Geneva Conventions (excerpts); 14. 1984 UN Convention against Torture; 15. 1993 Secretary-General’s Report pursuant to Security Council Resolution 808; 16. International Criminal Tribunal for Former Yugoslavia (ICTY) and Residual Mechanism for the International Criminal Tribunals (MICT Statutes): Security Council Resolutions 827 and 1966; 17. 1994 International Criminal Tribunal for Rwanda Statute; 18.

1994 International Law Commission (ILC) Draft Statute of an International Criminal Court; 19. 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind; 20. 1998 Rome Statute of the International Criminal Court (ICC) and 2010 Kampala Amendments; 21. 2002 ICC RoPE; 22. 2002 ICC Elements of Crimes; 23. 2004 UN-ICC Relationship Agreement (UNICC); 24. 2002 Special Court for Sierra Leone CSL and Residual Mechanism for the Special Court for Sierra Leone Statutes; 25. 2003 Agreement between UN and Cambodia relating to the Extraordinary Courts in the

July 2019 247 x 174 mm 500pp 978-1-108-72908-6 Paperback c. £19.99 / c. US$27.99

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TEXTBOOK

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

Suitable for undergraduates and postgraduate students, as well as academics and practitioners in the field, the fourth edition examines the conceptual, institutional, substantive, and procedural aspects of international criminal law accessibly and analytically.

• Guides readers through international criminal law concepts and their relationship with domestic analogues • The presentations in the book are condensed and can be supplemented with primary sources • An optimal reference source and didactic material in one, marked by both sophistication and accessibility Contents: Part I. Introduction: 1. Introduction; 2. The aims, objectives and justifications of international criminal law; Part II. Prosecutions in National Courts: 3. Jurisdiction; 4. National prosecutions of international crimes; 5. State cooperation with respect to national proceedings; Part III. International Prosecution: 6. The history of international criminal prosecutions: Nuremberg and Tokyo; 7. The ad hoc international criminal tribunals; 8. The International Criminal Court; 9. Hybrid and special courts; Part IV. Substantive Law of International Crimes: 10. Genocide; 11. Crimes against humanity; 12. War crimes; 13. Aggression; 14. Transnational crimes, terrorism and torture; 15. General principles of liability; 16. Defences/ grounds for excluding criminal responsibility; Part V. International Criminal Procedure and Sentencing: 17. International criminal procedure; 18. Victims in the international criminal process; 19. Punishment and sentencing; Part VI. Relationship between National and International Systems: 20. State cooperation with the international courts and tribunals; 21. Immunities; 22. Alternatives and complements to criminal prosecution; 23. The future of international criminal law; Index.

Public international law

July 2019 247 x 174 mm 620pp 978-1-108-48192-2 Hardback £94.99 / US$125.00 978-1-108-74161-3 Paperback £39.99 / US$51.99

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Modes of Liability in International Criminal Law General Editor Jérôme de Hemptinne | Geneva Academy of International Humanitarian Law and Human Rights

How can the commander or a person who participated in a crime without having personally committed any act be punished? Building on more than twenty years of international criminal justice this book explores the conditions under which international tribunals and courts have held individuals responsible for their crimes.

• Deals comprehensively with modes of liability in international criminal law (ICL) • Contributes to filling the gap between international criminal law and national (domestic) criminal law • The book may contribute to the reform and improvement of the law of criminal liability, both internationally and nationally Public international law

July 2019 253 x 177 mm 444pp 978-1-108-49217-1 Hardback £125.00 / US$165.00

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Law Catalogue 2019

Duelling for Supremacy

Experiments in International Adjudication

International Law vs National Fundamental Principles Edited by Fulvio Maria Palombino | Università degli Studi di Napoli ‘Federico II’

Historical Accounts Edited by Ignacio de la Rasilla | Wuhan University Institute of International Law, China

Written by an interdisciplinary group of lawyers, historians and social scientists, this book combines historical accounts of the origins of some of the most important international courts and tribunals with the study of other seminal experiments in international dispute settlement since the late nineteenth century to the present.

• Provides an accessible entry point to several experiments in international adjudication and revisits forgotten or understudied institutional experiments, the ‘trials’ and ‘errors’ rather than the success stories of international adjudication • Examines experiments in a specific context and shows that the roots of several major developments are to be found in little-known experiments • Contributes to the growing body of research on the history of international adjudication and, more broadly, the history of international law

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The Law of Strangers Jewish Lawyers and International Law in the Twentieth Century Edited by James Loeffler | University of Virginia

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The Cambridge Handbook of Immunities and International Law Edited by Tom Ruys | Universiteit Gent, Belgium

From the Nuremberg Trials onwards, Jews figure prominently in international legal history. Yet ties between Jewish identity and legal thought rarely receive critical analysis. Here, fourteen historians and legal scholars employ interdisciplinary methods and new sources to reconsider the lives and ideas of seven famous international Jewish lawyers.

• Presents engaging biographical case studies that expand knowledge of key historical figures while contributing to larger questions about Jews and law • Engages legal specialists, historians, and other scholars interested in the questions of religion, ethnicity, politics, and international law • Illuminates the state of the field, and the emerging new directions in legal history, international law, and society studies Public international law

August 2019 228 x 152 mm 286pp 978-1-107-14041-7 Hardback £85.00 / US$110.00

Public international law

June 2019 228 x 152 mm 544pp 978-1-108-47526-6 Hardback £110.00 / US$140.00

Public international law

March 2019 228 x 152 mm 500pp 978-1-108-47494-8 Hardback £110.00 / US$140.00

Examines how national legal systems resolve conflicts between international law and fundamental principles of domestic law. Drawing on nineteen detailed country studies, the national practices of an array of legal systems are analysed and assessed, highlighting the implications for the principle of supremacy of international law.

• Explores how national courts address conflicts between international law and fundamental principles of domestic law • Provides up-to-date analysis of national practices and their implications on the principle of supremacy of international law • Adopts a comparative approach that identifies common tendencies and main differences in the national practices • Analyses a vast array of legal systems from countries that differ in language, geographical position, cultural and political environment, and legal tradition

The first overview of international immunity law, this Handbook covers the wide range of existing immunity regimes, including states, international organizations and diplomats. An expert team of contributors traverse a wealth of national and international practice and map important evolutions and outstanding challenges in this domain.

• Examines international immunity law in a comprehensive manner and provides an accessible overview of the wide range of immunity regimes in international law, their content, differences and commonalities • Contains an up-to-date treatment of a wealth of national case law from a wide range of jurisdictions • Features expertly written contributions from leading scholars on immunity law, as well as authors with extensive experience as legal practitioners offering both practical perspectives and critical analyses Public international law

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April 2019 253 x 177 mm 1000pp 978-1-108-41788-4 Hardback £150.00 / US$195.00

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The Legal Framework of the OSCE Edited by Mateja Steinbrück Platise | Max Planck Institute for Comparative Public Law and International Law, Heidelberg

This book clarifies some core concepts of international institutional law, using the changing legal framework of the Organization for Security and Cooperation in Europe (OSCE) as an example. It is intended for legal and political scholars, as well as practitioners specialising in international law or international relations, including diplomats, members of government and international civil servants.

• Explores traditional concepts of international law and their functions such as international organisation, privileges and immunities, constitutive treaty, responsibility and soft-law instruments • Takes a multidisciplinary approach and contains ideas and arguments across the disciplines of law and political science • Critically analyses the OSCE reform proposals and provides new arguments for revisiting the OSCE legal framework Public international law

June 2019 228 x 152 mm 400pp 978-1-108-48385-8 Hardback c. £130.00 / c. US$170.00

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Law Catalogue 2019

TEXTBOOK

Sovereignty in China

The International Law of the Sea

A Genealogy of a Concept since 1840 Maria Adele Carrai | Katholieke Universiteit Leuven, Belgium

Third edition Yoshifumi Tanaka | University of Copenhagen

This book is for students, both undergraduate and postgraduate, as well as practitioners and judges.

It is valuable because of its comprehensive and contemporary nature. It also offers systematic knowledge on the law of the sea, helping to develop a perspective on the law.

• Includes many figures and tables to enhance comprehension of relevant rules, and to help instructors explain them • Includes comparatively detailed footnotes and further readings, so students can further study relevant issues by reading the suggested documents, and the instructor can also suggest further readings for exam preparation • A new fully-revised edition with new sections on contemporary issues and new case studies on discussions, such as maritime delimitation, marine environmental protection, and migrant movement across the seas Contents: Part I. The Divided Oceans: International Law Governing Jurisdictional Zones: 1. Law of the sea in perspective; 2. Baselines and related issues; 3. Marine spaces under national jurisdiction I: territorial sovereignty; 4. Marine spaces under national jurisdiction II: sovereign rights; 5. Marine spaces beyond national jurisdiction; 6. Maritime delimitation; Part II. Our Common Ocean: Protection of Community Interests at Sea: 7. Conservation of marine living resources; 8. Protection of the marine environment; 9. Conservation of marine biological diversity; 10. Marine scientific research; 11. Maintenance of international peace and security at sea; 12. Land-locked and geographically disadvantaged states; 13. Peaceful settlement of international disputes; 14. Looking ahead; Index.

Public international law

August 2019 247 x 174 mm 639pp 12 b/w illus. 6 tables 978-1-108-42421-9 Hardback c. £85.00 / c. US$110.00 978-1-108-44010-3 Paperback c. £39.99 / c. US$65.00

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The Challenge of Inter-legality Edited by Jan Klabbers | University of Helsinki

The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses interlegality in different legal fields, situates it within political and legal theory, and provides a normative assessment.

• The first book-length treatment of inter-legality • Provides a comprehensive discussion, illuminating inter-legality from many angles • Brings together empirical and normative assessment

Provides a comprehensive history of the emergence and formation of the concept of sovereignty in China from the year 1840 to the present. It will be of interest to students and scholars of international and comparative law as well as scholars of modern China and policy makers.

• Provides a comprehensive history of the concept of sovereignty in China, exploring where China’s claim to sovereignty originated and might be heading in the future • Shows how the Chinese conceptions diverted from Western Eurocentric legal norms and contributed to the globalisation of international law • Demonstrates how Chinese diplomats used sovereignty and new legal categories to defend against Western imperialism and successfully expand China’s interests Public international law | Cambridge Studies in International and Comparative Law, 141

July 2019 228 x 152 mm 290pp 4 b/w illus.

978-1-108-47419-1 Hardback £85.00 / US$110.00

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

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

• The most up-to-date and comprehensive academic commentary on the ICC’s practice in prosecuting gender-based crimes • Contains original interviews with prosecutors and gender advisors at the International Criminal Court, offering unique ‘insider perspectives’ to readers • The book is designed to be an effective resource for lawyers, scholars and other professionals working in the field of international criminal law Public international law | Cambridge Studies in International and Comparative Law, 143

April 2019 228 x 152 mm 250pp 7 b/w illus. 25 tables 978-1-108-47043-8 Hardback £85.00 / US$110.00

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Maritime Delimitation as a Judicial Process

Public international law | ASIL Studies in International Legal Theory

May 2019 228 x 152 mm 448pp 1 map 978-1-108-42547-6 Hardback £95.00 / US$125.00

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Massimo Lando | International Court of Justice

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

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

• Brings together a number of judicial approaches to the delimitation process and its elements • Proposes workable solutions to outstanding problems • The book has a strong focus on state practice, taking stock of the nearly 200 treaties concluded by states to delimit their maritime boundaries Public international law | Cambridge Studies in International and Comparative Law, 144

August 2019 228 x 152 mm 410pp 25 maps 978-1-108-49739-8 Hardback £95.00 / US$125.00

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Law Catalogue 2019

The Legal Authority of ASEAN as a Security Institution

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

Hitoshi Nasu | University of Exeter

By adopting a comparative analysis of the practice of five international courts and tribunals, this book systematically describes and analyses the use of domestic law to interpret international law. The findings of the book, which blends doctrinal and theoretical approaches, will be of interest to practitioners and academic researchers alike.

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

This book is of value to scholars, policy-makers and students in the fields of international law, international relations and public policy with interest in ASEAN regional integration. It will be a reference for any study or policy debate on ASEAN’s role for regional security in Southeast Asia.

• Presents an interdisciplinary analysis of ASEAN and its role in regional security enabling readers to gain a deeper understanding of ASEAN law and security policy • Critically examines how ASEAN has addressed specific security issues confronting Southeast Asia, providing a unique insight into ASEAN’s activities for regional security and their normative impact • Provides case studies on the potential and challenges for a regional institution to manage contemporary security issues

Public international law | Cambridge Studies in International and Comparative Law, 145

August 2019 228 x 152 mm 425pp 978-1-108-41547-7 Hardback £95.00 / US$125.00

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

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

Aimed at anyone concerned with the problem of war.

• Diagnoses and addresses the weaknesses of international law using the prohibition of force as a focus • Analyzes the reasons why the law against the use of force is disrespected using the conflicts in Syria, Ukraine, Mali, North Korea, and the South China Sea as case studies • Explains why natural law should be reintroduced to international legal theory and how that can be done in a secular age by drawing on aesthetic philosophy and the arts Public international law | Hersch Lauterpacht Memorial Lectures, 23

May 2019 228 x 152 mm 302pp 978-1-108-42666-4 Hardback £85.00 / US$110.00

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Services Trade in ASEAN The Road Taken and the Journey Ahead Dora Neo | National University of Singapore

This book offers a comprehensive look at the main drivers of services-led integration among the member states of ASEAN. Using a law and economics lens, it helps readers better situate where ASEAN is and is headed in service sector reforms, situating it alongside a European single market for services.

• Provides an assessment of ASEAN services markets from a law and economics perspective • Provides the most comprehensive depiction of intra-ASEAN and extraASEAN liberalization in services trade, a complete mapping of recent negotiations, outcomes and prospects • Compares the weakly institutionalized ASEAN integration model to the EU model of deep institutional convergence Contents: 1. Introduction; 2. Services and service trade in ASEAN: trends and policy context; 3. Is ASEAN an optimal regulatory convergence area in services?; 4. Liberalization of trade in services in ASEAN: trends, achievements and prospects; 5. Lessons from the European Union relevant to ASEAN integration in services; 6. Concluding thoughts.

Public international law | Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration, 15

July 2019 216 x 138 mm 300pp 13 b/w illus. 22 tables 978-1-316-64541-3 Paperback £39.99 / US$49.99

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Contents: Introduction; 1. ASEAN as a security institution: its legal, normative and institutional framework; 2. Nuclear security; 3. Counterterrorism; 4. Maritime security; 5. Cyber security; 6. Human trafficking and people smuggling; 7. Food security; Conclusion.

Public international law | Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration, 17

May 2019 216 x 138 mm 300pp 6 tables 978-1-108-70565-3 Paperback c. £39.99 / c. US$59.99

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International Law Reports Volume 181 Christopher Greenwood | International Court of Justice

Volume 181 is devoted to the Grand Chamber of Court of Justice of the EU in Slovak Republic v. Achmea BV, the Grand Chamber of Court of Justice of EU in R (Western Sahara Campaign UK) v. Commissioners for Her Majesty’s Revenue and Customs and Another and the Norwegian Borgarting Court of Appeal in Huseini v. Ministry of Justice and Public Security.

• Reports on the 2018 judgment of the Grand Chamber of Court of Justice of the European Union in Slovak Republic v. Achmea BV • Covers the 2018 judgment of the Grand Chamber of Court of Justice of the European Union in R (Western Sahara Campaign UK) v.

Commissioners for Her Majesty’s Revenue and Customs and Another • Contains the translated judgment of the Norwegian Borgarting Court of Appeal in Huseini v. Ministry of Justice and Public Security Public international law | International Law Reports, 181

May 2019 219 x 146 mm 700pp 1 map 978-1-108-47358-3 Hardback c. £170.00 / c. US$220.00

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Law Catalogue 2019

International Law Reports

WTO Ministerial Conferences

Volume 182 Edited by Christopher Greenwood | International Court of Justice

Key Outcomes World Trade Organization Secretariat

Volume 182 is devoted to the 2018 decision of the ICSID arbitration tribunal relating to Achmea in Vattenfall AB and Others v. Federal Republic of Germany, the 2018 judgment in R (Freedom and Justice Party) v. Secretary of State for Foreign and Commonwealth Affairs and the 2016 decision in the International Atomic Energy Agency Immunity Case.

• Reports on the 2018 decision of the ICSID arbitration tribunal on the effects of the judgment of the European Court of Justice in Achmea in Vattenfall AB and Others v. Federal Republic of Germany • Includes the 2018 judgment of the English Court of Appeal in R (Freedom and Justice Party) v. Secretary of State for Foreign and Commonwealth Affairs • Reports on the 2016 decision of the Austrian Supreme Court in the International Atomic Energy Agency Immunity Case Public international law | International Law Reports, 182

July 2019 219 x 146 mm 678pp 978-1-108-49689-6 Hardback c. £170.00 / c. US$220.00

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Contains all the key outcomes from WTO Ministerial Conferences since the WTO was established in 1995, covering eleven ministerial conferences held between 1996 (Geneva) and 2017 (Buenos Aires). An appendix contains ministerial outcomes of the Uruguay Round that were not formally integrated into the Marrakesh Agreement establishing the WTO. • Combines for the first time in a single volume key outcomes from WTO Ministerial Conferences since 1995 • Contains an appendix covering the ministerial outcomes of the Uruguay Round that were not formally integrated into the Marrakesh Agreement establishing the WTO • An indispensable guide to all eleven WTO Ministerial Conferences held between 1996 and 2017 International economic and trade law, WTO law

April 2019 234 x 156 mm 280pp 978-1-108-48215-8 Hardback £59.99 / US$79.99 978-1-108-74215-3 Paperback £24.99 / US$32.99

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Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures

Contributory Fault and Investor Misconduct in Investment Arbitration Martin Jarrett | Universität Mannheim, Germany

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

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

• Proposes a theory on how rules of international investment law can be categorised according to their legal functions • Constructs a definition of ‘defence’ and develops a theory on causation in the law • Devises a method for reason-based apportionments of liability, for cases involving contributory fault • Explores different forms of investor misconduct, and the rules for each mismanagement, investment reprisal, and post-establishment illegality are laid down

An Economically Informed Analysis José Guilherme Moreno Caiado | Universität Hamburg

This book offers legal and economic insights on the use, regulation and disputes related to industrial subsidies. Due to its detailed, but accessible analysis on case law and legal texts, it will enable lawyers, economists, policymakers and adjudicators to better understand the SCM Agreement, and provide a basis for future research.

• Proposes a novel approach to understand the WTO rules on industrial subsidies • Makes use of an economically informed legal framework to analyze the use of subsidies by states • Makes concrete proposals to amend the WTO rules International economic and trade law, WTO law | Cambridge International Trade and Economic Law

May 2019 228 x 152 mm 268pp 978-1-108-47432-0 Hardback £85.00 / US$110.00

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International economic and trade law, WTO law

July 2019 228 x 152 mm 208pp 978-1-108-48140-3 Hardback £85.00 / US$110.00

PREVIOUSLY ANNOUNCED

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Lessons from the Clean Air Act Building Durability and Adaptability into US Climate and Energy Policy Ann Carlson | University of California, Los Angeles School of Law

This book examines the Clean Air Act to find lessons to inform policy makers at the state and federal level with regard to shaping energy and climate policy. Students and scholars will benefit from a structured introduction and evaluation of some of the most prominent programs under the Act. • Evaluates the success and failures of the Clean Air Act from various disciplines, including law, economics, and political science • Provides an introduction to the Clean Air Act and examines how it continues to evolve • Utilizes the Act as a template for designing durable and flexible energy policy that can respond to new economic, technical and scientific information Contents: 1. Introduction; 2. The Clean Air Act’s national ambient air quality standards: a case study of durability and flexibility in program design and implementation; 3. Stationary sources, movable rules: intransigence

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Law Catalogue 2019

and innovation under the Clean Air Act; 4. Leveraged federalism and the Clean Air Act: the case of vehicle emissions control; 5. Promoting environmental quality through fuels regulations: lessons for a durable energy and climate policy; 6. The Clean Air Act’s use of market mechanisms; 7. Conclusion.

Environmental law

May 2019 228 x 152 mm 250pp 978-1-108-42152-2 Hardback £85.00 / US$110.00 978-1-108-43266-5 Paperback £26.99 / US$34.99

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Renewable Energy Law An International Assessment Penelope Crossley | University of Sydney Law School

This is the first full-length comparative study of the national renewable energy laws of every country in the world. Crossley provides a global understanding of how and why different countries support the accelerated deployment of renewable energy and asks whether these laws are converging globally or subject to regulatory competition.

• Studies the national renewable energy laws of all 113 countries with such a law, as well as the European Renewable Energy Directive • Identifies and discusses twenty-eight different motivations for having these laws • Outlines the basic features of renewable energy laws in plain English Environmental law

July 2019 228 x 152 mm 298pp 2 b/w illus. 32 tables 978-1-107-18576-0 Hardback £85.00 / US$110.00

Energy Law and Geopolitics in Central Asia Anatole Boute | The Chinese University of Hong Kong

This book applies theories of energy market regulation to Central Asia – a region that faces considerable energy security challenges. Taking an interdisciplinary perspective, the book examines how institutions constrain legal reforms. In addition, the geopolitics of energy in the region help explain limits to the role of energy law.

• Critically discusses legal answers to energy security in a challenging institutional environment and explains the concept of energy security and its application in context • Introduces the theory on the reform of energy markets and institutional obstacles to its implementation and makes it accessible to readers by focusing on specific case studies • Provides an interdisciplinary approach to energy law by connecting the geopolitics of energy with the regulation of energy markets, and shows how energy law and geopolitics can interact Environmental law | Cambridge Studies on Environment, Energy and Natural Resources Governance

August 2019 228 x 152 mm 282pp 9 b/w illus. 1 map 978-1-108-49897-5 Hardback £85.00 / US$110.00

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In Search of Good Energy Policy Edited by Marc Ozawa | University of Cambridge Energy Policy Research Group

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Environmental Rights The Development of Standards Edited by Stephen J. Turner | University of Lincoln

A comprehensive guide to the way that environmental rights are developing in terms of the standards of protection that they represent.

This book covers all of the relevant human rights treaties, selected national constitutions and other developments that illustrate how environmental rights standards are emerging in this dynamic area.

• The first book to comprehensively analyze the development of standards in the field of environmental rights • Assists in understanding the precise content of environmental rights and what standard of protection they afford rights holders in practice • Provides a historical account of the way that environmental rights have developed Environmental law

June 2019 228 x 152 mm 300pp 978-1-108-48224-0 Hardback £85.00 / US$110.00

Energy Security along the New Silk Road

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This volume presents a dialogue on the relevance of multi-disciplinary research and offers a look at why science and technology cannot alone meet the needs of energy policy making. This work should be read by anyone interested in understanding how multidisciplinary research and collaboration is essential to crafting good energy policy.

• Proposes a new multi-disciplinary approach for energy and climate policy • Incorporates social science and humanities into analysis • Provides an analysis that is global in scope, allowing readers to link their regions to developments worldwide Contents: 1. Introduction; Part I. Multi-Disciplinary Perspectives: 2. Political science and energy; 3. Economics – the proper valuation of security and environment; 4. Good energy: philosophical perspectives; 5. Public theology – ‘grounded’: an energy policy rooted in human flourishing; 6. Anthropology and energy policy; 7. History: a long view?; 8. Management – from the drawing board to successful delivery; 9. Legal aspects of energy policy; Part II. Cases and Multi-Disciplinary Responses: 10. The ethics of nuclear energy: its past, present and future; 11. Fukushima and German energy policy 2005–2015/16; 12. Rethinking the environmental state: an economic history of the Swedish environmental Kuznets curve for carbon; 13. Fossil fuel systems to 100% renewable energy based smart energy systems: lessons from the case of Denmark, 1973–2017; 14. A political economy of carbon capture and storage: how interests have outstripped economics in shaping the evolution of a technology; 15. Scaling clean energy for data centers: trends, problems, solutions; 16. Public participation in the context of energy activities: the role of the Aarhus Convention Compliance Committee; 17. Biofuel energy, ancestral time, and the destruction of Borneo: an ethical perspective; 18. From inspiration to implementation: Laudato Si’, public theology and the demands of energy policy; 19. Introduction to multi-disciplinary approaches; 20. A comparative study of air pollution trends in historical London and contemporary Beijing; 21. The power of Siberia: a Eurasian pipeline policy ‘good’ for whom? 22. Responses and final thoughts.

Environmental law | Cambridge Studies on Environment, Energy and Natural Resources Governance

May 2019 228 x 152 mm 398pp 29 b/w illus. 6 tables 978-1-108-48116-8 Hardback c. £85.00 / c. US$110.00 978-1-108-45546-6 Paperback c. £25.99 / c. US$34.99

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Law Catalogue 2019

Third Party Funding

Determining Legal Parentage

Law, Economics and Policy Gian Marco Solas | Omni Bridgeway, The Netherlands

Between Family Law and Contract Law Yehezkel Margalit | Netanya Academic College, Israel

Solas discusses the incentives and economics of third party funding transactions in different legal contexts while explaining how the practice emerged, how it is likely to develop, and how its development will impact society at large. This book will appeal to academics, litigation lawyers, insolvency practitioners, and corporate legal counsel.

• Addresses thoroughly the legal issues related to third party funding (TPF) from a civil law perspective • Allows readers to make a more accurate economic analysis of this practice through a broader, more complete comparative legal overview and practical business experience • Provides comprehensive legal and economic analysis that allows policy discussions to be faced at different levels and internationally

This book deals with the nexus of modern contract and family law for resolving the various dilemmas that have surfaced. It explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage.

• Proposes a normative model for determining the legal parentage in the various dilemmas that have surfaced in the modern era • Explores the various dilemmas that have surfaced in the field of determining legal parentage in the modern era • Promotes the importance of combining contract and family law

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Family law

April 2018 228 x 152 mm 250pp 978-1-108-42272-7 Hardback £85.00 / US$110.00

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Dispute resolution, mediation and arbitration

July 2019 228 x 152 mm 354pp 978-1-108-49774-9 Hardback c. £95.00 / c. US$125.00

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The Law and Finance of Related Party Transactions Edited by Luca Enriques | University of Oxford

A collection of cutting-edge research from leading law and finance scholars that provides a comprehensive look at the challenges legislators face in regulating related party transactions in a socially beneficial way. This work will appeal to scholars, policymakers, and graduate students interested in the much-debated area of corporate governance.

• Provides extensive analyses of the subject from theoretical, empirical and comparative perspectives • Allows readers to inform themselves comprehensively not only on the state of the scholarly debate but also on existing policy options • Brings together various disciplines to present multifaceted insights and various methodological approaches Corporate law, commercial law, company law | International Corporate Law and Financial Market Regulation

June 2019 228 x 152 mm 514pp 978-1-108-42928-3 Hardback £110.00 / US$140.00

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European Union Law Text and Materials Fourth edition Damian Chalmers | National University of Singapore

This textbook covers all the central fields of EU law in an authoritative, interdisciplinary and accessible way, giving in-depth understanding of EU law in context, and of the current debates surrounding it.

• Sets out a wide range of legal and non-legal materials that encourage students to see why EU law matters and why it is controversial • A dedicated website accompanies the textbook, comprising all the significant blogs and websites on the European Union, thereby allowing access to wider debates • Provides chapters on the most polarizing currents events within the EU: the Mediterranean migration crisis, the euro crisis and Brexit Contents: 1. European integration and the Treaty on European Union; 2. The EU institutions; 3. Law-making; 4. The EU Judicial Order; 5. The authority of EU Law; 6. Fundamental rights; 7. Rights and remedies in national courts; 8. The infringement proceedings; 9. Judicial review; 10. Brexit; 11. Citizenship of the Union; 12. Non-EU nationals; 13. Equal opportunities law and policy; 14. The internal market; 15. Economic and Monetary Union; 16. The free movement of goods; 17. The free movement of services; 18. The pursuit of an occupation in another Member State; 19. Trade restrictions and public goods; 20. EU Competition law: function and enforcement; 21. Antitrust and monopolies; 22. State aid law.

European law

A Case for Shareholders’ Fiduciary Duties in Common Law Asia

July 2019 246 x 189 mm 1000pp 978-1-108-46359-1 Paperback c. £43.99 / c. US$72.99

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Ernest Lim | National University of Singapore

This book, which challenges and deepens one’s understanding of the key issues concerning shareholders, will appeal to a broad audience, ranging from students and scholars to judges, policy makers and regulators of comparative company law, comparative corporate governance, comparative securities regulation, private law, and Asian jurisdictions.

• Explores the role of the general meeting and shareholders in four common law jurisdictions in Asia, thus enabling readers to evaluate and reconsider the functions of shareholders • Provides an in-depth analysis of the problems related to controlling shareholders and institutional investors in concentrated ownership jurisdictions • Includes a contextual examination of four leading Asian jurisdictions combined with an analysis of case law, statutes, codes and listing rules Corporate law, commercial law, company law | International Corporate Law and Financial Market Regulation

July 2019 228 x 152 mm 500pp 5 b/w illus. 8 tables 978-1-108-42658-9 Hardback £110.00 / US$140.00

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Law Catalogue 2019

PREVIOUSLY ANNOUNCED

The Application of the European Convention on Human Rights to Military Operations

The Crisis behind the Euro-Crisis The Euro-Crisis as a Multidimensional Systemic Crisis of the EU Edited by Eva Nanopoulos | Queen Mary University of London

Stuart Wallace | University of Cambridge

The book is aimed at anyone engaged in EU studies (lawyers, political scientists and political economists), but also anyone interested in the history, form and future of European integration and contemporary political debates about the European trajectory. Its inter-disciplinary contributions will appeal to both EU law specialists and non-specialists.

• Proposes to situate the legal examination of the Euro-crisis in a systemic context, which includes socio-political analyses • Actively invites critical examination of the EU, encouraging interdisciplinary dialogue and the use of analysis that goes beyond that of traditional EU law discourse • Includes contributions that touch on broader ideological, political and practical aspects of European integration, informed by the relevant experience of the different writers European law

May 2019 228 x 152 mm 450pp 978-1-108-47034-6 Hardback £95.00 / US$125.00

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European law

May 2019 228 x 152 mm 280pp 978-1-108-47518-1 Hardback £85.00 / US$110.00

Great Judgments of the European Court of Justice

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Beyond Minimum Harmonisation

Rethinking the Landmark Decisions of the Foundational Period William Phelan | Trinity College Dublin

This book offers a completely new approach to the Court of Justice’s most famous decisions, including an emphasis on the writings and speeches of the Court’s influential French Judge, Robert Lecourt.

It will be of interest to the many students and lawyers working on European law.

• Offers a new perspective on the most famous judgments of the European Court of Justice • Demonstrates the special contribution of French Judge Robert Lecourt to the early European Court of Justice • Explains the major principles of European law through contrast with enforcement mechanisms in other trade treaty systems European law

July 2019 228 x 152 mm 250pp 1 table 978-1-108-49908-8 Hardback £85.00 / US$110.00

Analyses the politically charged issue of how the European Convention on Human Rights applies to military operations including recent conflicts in Russia, Iraq and Ukraine. This book will appeal to students, lawyers, civil society and officials throughout Europe working on human rights, public international law and law of armed conflict.

• Examines how the European Convention on Human Rights applies to domestic and extra-territorial military activities, such as belligerent occupation, use of force and detention • Provides comprehensive analysis of how the right to life applies to military operations and covers everything from proportionality in the use of force, to investigations of deaths, and the protection of soldiers in the field • Explores the relationship between international humanitarian law and the European Convention on Human Rights from unique perspectives and offers practical guidance on how to resolve conflicts between these bodies of law

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Gold-Plating and Green-Plating of European Environmental Law Lorenzo Squintani | Rijksuniversiteit Groningen, The Netherlands

This book explains the functioning of shared competences in environmental protection by focusing on member states’ interaction with the EU framework. Squintani reveals the potential for improving the level and efficiency of environmental protection envisaged under the EU Treaties, making a valuable contribution to EU environmental law and policy.

• Proposes a deeper understanding of minimum harmonisation that will appeal to any generalist of EU law • Incorporates law and economic approaches to green-plating and goldplating of European environmental law • Combines theory-building with many empirical examples that will appeal to environmental specialists and comparative lawyers European law | Cambridge Studies in European Law and Policy

June 2019 228 x 152 mm 300pp 2 b/w illus. 2 tables 978-1-108-48100-7 Hardback £85.00 / US$110.00

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Law Catalogue 2019

American Criminal Justice

The International Law of Belligerent Occupation

An Introduction Frederick T. Davis | Columbia Law School, New York

Practicing lawyers, students, and informed general readers will learn the general principles of American systems of criminal justice, and will obtain a clear, readable explanation of the sometimes mystifying ways criminal justice in the US actually works. They will gain insights into why the US system of justice is important worldwide.

• Provides an overview of the general principles of the American criminal justice systems • Offers insight into why the American system of justice is important worldwide • Explains the often mystifying ways the American criminal justice system works in a clear, readable manner Contents: 1. Introduction; 2. The Federal structure: sources of the law; 3. Investigation and evidence gathering: the participants; 4. Investigation and evidence gathering procedures; 5. Arrest and pretrial detention; 6. The decision to prosecute, or not; 7. Joinder of charges and defendants; 8. Venue; 9. Assistance of counsel; 10. Trial rights and preparation for trial; 11. Alternative outcomes; 12. Double jeopardy; 13. The trial; 14. Sentencing; 15. Appeals; 16. Corporate criminal responsibility; 17. Internal corporate investigations; 18. Professional responsibility; 19. Conclusion.

Criminal law

August 2019 228 x 152 mm 170pp 3 b/w illus.

978-1-108-49320-8 Hardback £44.99 / US$59.99 978-1-108-71747-2 Paperback £14.99 / US$19.99

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The Cambridge Handbook of Policing in the United States

Second edition Yoram Dinstein | Tel-Aviv University

This second edition addresses some fundamental issues underlying the regime of belligerent occupation. This book introduces a complex subject not only to scholars and students, but also to potential practitioners, such as military officers who may be called upon to administer an occupied territory.

• Critiques judicial decisions and, using the authors advantageous linguistic access, the judgments of the Supreme Court of Israel, which are voluminous and in most instances unavailable in English • Introduces a complex subject not only to scholars and students, but also to potential practitioners, such as military officers who may be called upon (as happened in Iraq) to administer an occupied territory, without the necessary training and preparation to do so • A companion volume to three earlier books by the same author on the law of armed conflict Contents: 1. The general framework; 2. The legal nature and basic principles of belligerent occupation; 3. Human rights and belligerent occupation; 4. The maintenance of law and order in occupied territories; 5. Legislation by the occupying power; 6. The judicial system in occupied territories; 7. Protection of the civilian population under belligerent occupation; 8. Special protection in occupied territories; 9. Destruction, spoliation and pillage of property in occupied territories; 10. Seizure and requisition of property in occupied territories; 11. Other major issues relating to belligerent occupation; 12. The termination of belligerent occupation; Conclusion.

Humanitarian law, law of armed conflict

March 2019 228 x 152 mm 400pp 978-1-108-49797-8 Hardback £84.99 / US$110.00

Edited by Tamara Rice Lave | University of Miami School of Law

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

This accessible, interdisciplinary work will be valuable for anyone interested in understanding the present and future of policing in the US. • Provides first-hand accounts from police officers and the people they police, discussing their experience of policing • Focuses on discrete, marginalized communities and the challenges they face from the police • Breaks down academic barriers by approaching policing from multiple perspectives: empirical, normative, and legal • Engages in a broad and forward-looking account of the impact of technology on policing, enabling readers to understand the ways that the police are responding to high-tech innovations, and the legal and political challenges they pose Criminal law

June 2019 253 x 177 mm 300pp 18 b/w illus. 10 tables 978-1-108-42055-6 Hardback £115.00 / US$150.00

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Self-Defence against Non-State Actors Mary Ellen O’Connell | University of Notre Dame, Indiana

This book provides an in-depth and up-to-date study of the international law on self-defence against non-State actors. The ‘trialogical’ method employs a novel and unique format that reacts to shifting world order.

The book is relevant for academics and students of international law, and for practitioners.

• Provides a comprehensive study of the legal problems of self-defence against non-State actors and looks into the current state of the law, open legal issues and legal challenges • Provides a multi-perspective approach to the topic that focuses on divergence and disagreement and contributes to a richer understanding of self-defence • Identifies the open legal issues that warrant further academic reflection and provides clarification in a complex and multi-layered legal debate Contents: Introduction to the series: trialogical international law; Introduction: dilution of self-defence and its discontents; 1. The use of force in self-defence against non-state actors, decline of collective security and the rise of unilateralism: whither international law?; 2. Self-defence against non-state actors: making sense of the ‘armed attack’ requirement; 3. Selfdefence, pernicious doctrines, peremptory norms; Conclusion: self-defence against non-state actors – the way ahead.

Humanitarian law, law of armed conflict | Max Planck Trialogues, 1

July 2019 228 x 152 mm 260pp 978-1-107-19074-0 Hardback c. £69.99 / c. US$119.99 978-1-316-64112-5 Paperback c. £26.99 / c. US$39.99

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Law Catalogue 2019

AVAILABLE OPEN ACCESS

Copyright and Collective Authorship

Patent Remedies and Complex Products

Locating the Authors of Collaborative Work Daniela Simone | University College London

Toward a Global Consensus Edited by C. Bradford Biddle | Arizona State University

Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

• Provides specific recommendations regarding the law in controversial areas • Will appeal to policymakers and judges looking to reform or extend the law of patent remedies • This book is also available as Open Access on Cambridge Core Intellectual property

August 2019 229 x 152 mm 376pp 978-1-108-42675-6 Hardback £95.00 / US$125.00

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Edited by Claudy Op den Kamp | Bournemouth University

Bringing together contributors of varied backgrounds to tell a history of intellectual property (IP) in 50 objects, this book demonstrates the significance of IP and shows how IP has developed. It will appeal to a range of legal professionals, law students and outside readers, including people interested in digital business, engineering, and branding.

• Proposes an interdisciplinary view of intellectual property that will appeal to not only to lawyers or legal scholars, but a wide range of readers • Translates complex ideas of intellectual property into relatively lay language • Utilizes an innovative approach in telling stories through objects, which engages those relatively new to the topic as well as those who are well-versed in the topic Intellectual property

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The Cambridge Handbook of Intellectual Property in Central and Eastern Europe Edited by Mira T. Sundara Rajan

This volume offers a novel look at intellectual property issues through the lens of the postsocialist and transitional experience in Central and Eastern European countries as well as a thoughtprovoking critique of current approaches, and builds a compelling case for cogent policymaking.

• Offers knowledge about intellectual property (IP) law, history, policy, and practice, including hard-to-find case law, from a region that is little-known to the IP/legal community • Provides an opportunity for European and international lawyers to expand their practical and theoretical grasp of IP law • Enriches international IP discourse, with the potential to inform IP law and policy-making in major international and European fora Intellectual property

May 2019 253 x 177 mm 600pp 3 b/w illus. 2 tables 978-1-107-15636-4 Hardback £160.00 / US$210.00

Intellectual property | Cambridge Intellectual Property and Information Law, 50

May 2019 228 x 152 mm 300pp 978-1-107-19995-8 Hardback £85.00 / US$110.00

A History of Intellectual Property in 50 Objects

May 2019 253 x 177 mm 450pp 353 colour illus.

978-1-108-42001-3 Hardback £25.00 / US$34.95

Simone argues that a recalibration of copyright law is necessary and proposes an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.

• Incorporates four case studies to exemplify the mismatch between creative norms in environments in which collaboration evidently flourishes and copyright law’s rules on authorship • Provides a fresh perspective on the doctrinal problem of applying the joint authorship test • Identifies the ways in which collaborators understand and regulate authorship between themselves, and then applies this insight to provide a critically evaluation of copyright law’s approach to authorship

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A Primer on American Labor Law Sixth edition William B. Gould IV | Stanford University, California

The book is for non-lawyer, union and employer representatives; lawyers who are grounded in the American system but have little understanding of labor law; labor lawyers, including government representatives who want to have an overview; and foreign audiences who are interested in the United States, American studies and labor-management relations.

• Gives a general, yet detailed examination of the American system • Includes an examination of contemporary innovative issues • Focuses not only on labor and job discrimination but also sports and sports law Contents: 1. An overview; 2. Industrial relations and labor law before modern legislation; 3. The National Labor Relations Act and related labor law; 4. Unfair labor practices; 5. Establishing the collective bargaining relationship: organization and recognition; 6. Economic pressure and bargaining tactics in the established relationship; 7. Remedies, the Labor Reform Bill of 1978, and the Employee Free Choice Bill of 2009; 8. Dispute resolution in the established relationship; 9. The duty of fair representation; 10. The public sector; 11. Public-interest labor law; 12. Labor in professional sports: collective bargaining and dispute resolution procedures; 13. Conclusion.

Employment law, labour law

May 2019 228 x 152 mm 475pp 3 b/w illus.

978-1-108-47197-8 Hardback £99.99 / US$130.00 978-1-108-45889-4 Paperback £34.99 / US$44.99

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Law Catalogue 2019

TEXTBOOK

Transparency in Health and Health Care in the United States

Labour Law Second edition Hugh Collins | University of Oxford

Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers. Providing commentary and integrated materials, it fully equips the students with the information they need for their course. Case studies showing the law ‘in action’ combine with a clear and logical structure to make it essential reading.

• Offers a definitive account of the subject by the UK’s foremost labour law scholars • Comprehensive text and integrated materials fully equip the student • Case studies illustrating labour law ‘in action’ ensure full engagement and understanding Contents: Part I. Introduction: 1. Nature and sources of labour law; 2. Globalisation and labour law; Part II. The Contract of Employment: 3. Terms of the contract of employment; 4. Authority and co-operation; 5. Flexibility and precarious work; 6. The personal scope of labour law; Part III. Statutory Regulation of the Employment Relationship: 7. Wages; 8. Working time; 9. Equality; 10. Work/life balance; 11. Civil liberties at work; Part IV. Collective Labour Rights: 12. Freedom of association and the right to organise; 13. Freedom of association and trade union autonomy; 14. The right to bargain collectively; 15. The right to be informed and consulted; 16. Collective action and the right to strike; 17. Liability for collective action; Part V. Termination of Employment: 18. Wrongful dismissal; 19. Unfair dismissal; 20. Economic dismissal.

Employment law, labour law | Law in Context

August 2019 247 x 174 mm 1000pp 978-1-316-51574-7 Hardback c. £80.00 / c. US$135.00 978-1-108-46221-1 Paperback c. £38.00 / c. US$65.00

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Camera Power Proof, Policing, Privacy, and Audiovisual Big Data Mary D. Fan | University of Washington

This is the first book on the policy questions raised by two revolutions in recording the police – copwatching and police-worn body cameras.

This accessible book with compelling stories and coverage of the most important debates over proof, privacy and police regulation will appeal broadly to students, laypersons, practitioners, and experts.

• Analyzes the major law and policy questions raised by two revolutions in recording the police sweeping America – the launch of police body cameras, and the rise of copwatching by community members • Serves as an accessible guide for legislators and other policy-makers, police officials, community members, copwatchers, students, and civil rights and civil liberties advocates • Offers a vision for how audiovisual big data analytics can better protect civil rights and liberties • Draws on more than 100 interviews with police leaders and officers, copwatchers, community members, civil rights and civil liberties experts, industry leaders, and technologists to offer a vision of the challenges on the ground and how to address them for the future Contents: Introduction: dual revolutions in recording the police; Part I. Toutveillance Power and Police Control: 1. Policing in the camera cultural revolution; 2. Copwatching and the right to record; 3. Democratizing proof, taking the case to the people; Part II. Audiovisual Big Data’s Great Potential and Perils: 4. Audiovisual big data analytics and harm prevention; 5. Partisan perceptions: how audiovisual evidence and big data can mislead; 6. Privacy and public disclosure; Part III. Frameworks for Moving Forward: 7. Controlled access, privacy protection planning, and data retention; 8. Non-recording and officer monitoring and discipline dilemmas; Conclusion. Beyond technological silver bullets.

Law and Ethics Edited by Holly Fernandez Lynch | Petrie-Flom Center, Harvard Law School, Massachusetts

This book examines transparency in the health context, including the many ethical and legal issues it raises. It will appeal to anyone interested in how transparency can transform existing health care policy frameworks, from the pharmaceutical industry, to Big Data, to concerns around patient privacy protections.

• Provides a nuanced view of transparency, including how transparency for its own sake can be counterproductive • Utilizes an interdisciplinary approach, bringing together experts from diverse fields to give readers a broad understanding of how transparency can be useful across industries • Supplies suggestions and recommendations for policy makers, including concrete ways to implement or utilize transparent practices in positive ways Contents: Introduction; Part I. Transparency in Health and Health Care: Thematic Issues: Introduction; 1. Smashing into windows: ‘the limits of consumer sovereignty in health care’; 2. The interplay of privacy and transparency in health care: the HIPAA privacy rule as a case study; 3. Transparency tradeoffs: priority-setting, scarcity, and health fairness; 4. Slightly hazy: transparency and the costs of too much information; Part II. Transparency and Informed Consent: Introduction; 5. Transparency versus informed consent: the patient/consumer paradigms; 6. Transparency and financial conflicts: the uncertain case for sunshine; 7. Making religion transparent: the substance, process, and efficacy of disclosing religious restrictions on care; Part III. Transparency and Economics: Health Care Costs and Billing: Introduction; 8. Transparency on prescription drug research expenditures: a lever for restraining pricing?; 9. Is pharmaceutical price transparency an effective means to reduce high prices and wide variations?; 10. Price transparency: a contracts solution; 11. Solving surprise medical bills; Part IV. Transparency and Innovation: Introduction; 12. Increasing the transparency of FDA review to enhance the innovation process; 13. Transparency and clinical trial data sharing: legal and policy issues; 14. The European Medicines Agency’s approach to transparency; Part V. Transparency and Outcomes: Promoting Health and Safety: Introduction; 15. The role of transparency in promoting healthy behaviors: pros, cons, and perils of information sharing to foster personal responsibility in health care; 16. The role of transparency in patient safety improvement; 17. Personal health records as a tool for transparency in health care; 18. Nontransparency in electronic health record systems; 19. Transparency challenges in reproductive health care; Part VI. Challenges in Promoting and Measuring Transparency in Health Care: Introduction; 20. ERISA as a barrier for state health care transparency efforts; 21. Transparency and data sharing in clinical research and Big Pharma; 22. Promoting IRB transparency: about what, to whom, why, and how?; 23. Using disclosure to regulate PBMs: the dark side of transparency.

Medical law, health law

July 2019 228 x 152 mm 400pp 978-1-108-47099-5 Hardback £99.99 / US$130.00 978-1-108-45693-7 Paperback £44.99 / US$59.99

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E-commerce law, internet law

May 2019 228 x 152 mm 250pp 22 b/w illus. 14 tables 978-1-108-41855-3 Hardback £74.99 / US$99.99 978-1-108-40754-0 Paperback £22.99 / US$29.99

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Law Catalogue 2019

The Profession of Ecclesiastical Lawyers

Legal Scholarship for the Urban Core

An Historical Introduction R. H. Helmholz | University of Chicago

From the Ground Up Edited by Peter Enrich | Northeastern University, Boston

The book should interest practicing lawyers with an interest in the history of their profession. It adds to what has been written about the subject by legal historians, many of whom have described the legal profession’s history in England without taking more than cursory account of the English civilians.

• Provides detailed accounts of the careers and learning of individual lawyers • Presents a different (and more optimistic) account of the collective work of the English civilians • Discusses connections with Roman and canon law

The problems of entrenched poverty and economic underdevelopment in American urban cores involve multiple overlapping challenges that have stymied consistent and long-term progress. Good laws, and good lawyering, can contribute enormously to overcoming these challenges. This book is for anyone concerned about the current state of American urban cores.

• Contains models of engaged legal scholarship • Provides insights into writing and using legal scholarship to impact urban policy • Includes important and accessible examples of legal scholarship and lawyering that tackle difficult urban core problems

Legal history | Cambridge Studies in Law and Christianity

July 2019 228 x 152 mm 250pp 978-1-108-49906-4 Hardback £85.00 / US$110.00

Socio-legal studies

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August 2019 228 x 152 mm 255pp 978-1-108-49912-5 Hardback £85.00 / US$110.00

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PREVIOUSLY ANNOUNCED

Special Needs Financial Planning

TEXTBOOK

Australian Uniform Evidence Law

A Comparative Perspective Edited by Lusina Ho | The University of Hong Kong

Fiona Hum | Monash University, Victoria

Australian Uniform Evidence Law offers a studentfriendly introduction to the law of evidence and its operation across Uniform Evidence Act jurisdictions.

Using the Evidence Act 1995 (Cth) as its point of reference, this text introduces basic concepts first and then leads students into more detailed coverage of the Act. • Presents a clear and accessible text with a logical structure, written for students • Includes well-chosen and curated case extracts and legislation • Practise problems are included in each chapter with ‘Putting it all together’ problems at the end of the book to show how the topics interrelate with each other Contents: 1. Introduction; 2. Adducing evidence; 3. Relevance; 4. Hearsay; 5. Opinion; 6. Admissions; 7. Tendency and coincidence; 8. Credibility; 9. Character; 10. Identification evidence; 11. Privileges; 12. Discretionary and mandatory exclusions; 13. Facilitation of proof and ancillary matters; 14. Putting it all together; 15. Suggested answers to practice problems.

Evidence

May 2019 247 x 174 mm 528pp 6 b/w illus.

978-1-108-45001-0 Paperback £90.00 / US$144.95

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Equity and Law Fusion and Fission John C. P. Goldberg | Harvard Law School, Massachusetts

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

• Brings together comparative, doctrinal, historical and theoretical analyses of equity in a single volume, providing multiple perspectives on the issue • Analyses the fusion of law and equity in various jurisdictions, including Australia, Canada, England, Scotland, and the US allowing readers to gain insights into their domestic legal systems by contrasting developments in others • Provides insights into the experiences of fusion, merger and fission of law and equity in different jurisdictions and discusses the misunderstandings about the modern relation of law to equity Equity and trusts

August 2019 228 x 152 mm 484pp 14 b/w illus. 1 table 978-1-108-42131-7 Hardback £110.00 / US$140.00

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Critically examines the latest developments of special needs financial planning mechanisms in Asia and the West from the perspectives of scholars and professional experts. It will appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law.

• Examines new breakthroughs in financial planning tools for individuals with special needs and provides analysis on the latest developments • Comparatively examines selected Asian and Western jurisdictions, enabling readers to understand the approaches of different jurisdictions • Offers comprehensive coverage of both scholarly and practitioner contributions, providing multi-angular perspectives on financial planning tools Socio-legal studies

July 2019 228 x 152 mm 383pp 11 b/w illus. 15 tables 978-1-108-48120-5 Hardback £95.00 / US$125.00

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The Death Penalty on the Ballot American Democracy and the Fate of Capital Punishment Austin Sarat | Amherst College, Massachusetts

This book offers the first study of what happens when the public gets to decide on the fate of capital punishment. It will be of interest to the general public as well as scholars.

• This book is the first study of the death penalty on the ballot • Examines the history of public votes on the death penalty over the course of 100 years • Offers compelling accounts of what happens in those ballot campaigns Contents: 1. Introduction: when the death penalty goes public; 2. Retention, abolition, and restoration in the early days of the death penalty referendum process; 3. The people versus their representatives: going to the polls to support capital punishment; 4. Targeting the courts; 5. A tool for abolition?; 6. Conclusion: democracy and the fate of capital punishment.

Socio-legal studies

April 2019 228 x 152 mm 200pp 2 tables 978-1-108-48210-3 Hardback £64.99 / US$84.99 978-1-108-71157-9 Paperback £22.99 / US$29.99

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Law Catalogue 2019

Measuring Justice Quantitative Accountability and the National Prosecuting Authority in South Africa Johanna Mugler | Universität Bern, Switzerland

Explores how South African court and managerial prosecutors engage with performance statistics, indicators and rankings at work; whether and how they affect operations, decision-making, the allocation of resources and their accountability, with the findings being of interest to those concerned with justice, accountability and state bureaucracy.

• Provides a detailed ethnographic study of how the National Prosecuting Authority’s performance measurement system shapes South African prosecutors’ understandings of accountability and their prosecutorial practices • Establishes a set of factors that help make normative judgements about quantification and accountability • Looks at the purpose, affects and consequences of numerical representations in a specific setting from a social scientific, institutional and political perspective Socio-legal studies | Cambridge Studies in Law and Society

May 2019 228 x 152 mm 230pp 978-1-108-47511-2 Hardback £85.00 / US$110.00

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International Taxation of Trust Income Principles, Planning and Design Mark Brabazon | 7 Wentworth Selborne, Sydney

This book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust and will appeal to international tax practitioners, administrators, policymakers, academics, and students.

• Provides the first sustained analysis of international taxation of trust income as an internationally coherent subject • Enables international trust taxation to be studied as a topic in its own right alongside international taxation of companies and partnerships • Facilitates a holistic approach to tax planning, analysis and design by practitioners, scholars and administrators • Proposes tax design solutions to unintended double- and non-taxation Taxation | Cambridge Tax Law Series

June 2019 228 x 152 mm 393pp 8 b/w illus. 10 tables 978-1-108-49225-6 Hardback £95.00 / US$125.00

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PREVIOUSLY ANNOUNCED

Care for the World Laudato Si’ and Catholic Social Thought in an Era of Climate Crisis Edited by Frank Pasquale | University of Maryland

This volume convenes leading scholars to reflect on the legal, economic, practical, and philosophical implications of religious values. Inspired by the celebrated encyclical Laudato Si’, they offer gracefully written and learned reflections on what it would mean to express an ethic of compassion and care for the world.

• Directly applies Catholic social thought to the question of the treatment of labor • Conveys the philosophical foundations of Catholic social thought • Contrasts the approach of Catholic social thought with other approaches to policy formation Socio-legal studies | Law and Christianity

June 2019 228 x 152 mm 300pp 978-1-316-51046-9 Hardback £80.00 / US$110.00

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Immigration and Refugee Law in Russia Socio-Legal Perspectives Agnieszka Kubal | University College London

This book grapples with human rights and access to justice for migrants and refugees in Russia.

It identifies tensions in everyday experiences of justice which illuminate ambiguities in the Russian legal environment. Are the experiences of migrants and refugees in Russia so different to their experiences in Europe and America?

• Proposes a more complex, nuanced and unique picture of the Russian justice system in the sphere of immigration and refugee law • Each chapter is based on rich ethnographic material expressed in clear language with vivid examples and engaging personal stories • Whilst the book focuses on Russia in its own right, it includes comparisons between Russia and Western states in a non-normative and analytical manner Socio-legal studies | Law in Context

April 2019 247 x 174 mm 250pp 5 b/w illus. 2 tables 978-1-108-41789-1 Hardback £85.00 / US$110.00

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Notes

Notes

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AJIL

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

119

Remunerating Corporate Insolvency Practitioners in the United Kingdom, Australia, and Singapore: The Roles of Courts Stacey STEELE, WEE Meng Seng, and Ian RAMSAY

Jarrod Hepburn

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

cambridge.org/ajl

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

A Global Forum for Interdisciplinary Legal Stud

ASIAN JOURNAL OF LAW AND SOCIETY

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

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

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

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

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

At the Intersection of Global Law, Science and Policy

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

158

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

172

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

205

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

220

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

237

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

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

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

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

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

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Vol. XXXI No.2 August 2018

licy

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

Human Rights in War: On the

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

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Climate Change, the Paris Agreement and Human Rights

Alan Boyle

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

The Applicability of the ECHR in Contested Territories

Marko Milanović and Tatjana Papić

The Law-Making Effects of the FAO Deep-Sea Fisheries Guidelines

Lene Korseberg International Law Obligations Arising in relation to Nationally Determ Benoit Mayer

The British Ratification of the Underwater Heritage Convention: Problems and Prospects WTO Regulation of Transnational Private Authority in Global Governance Overriding Mandatory Laws in International Arbitration

Hayley Roberts Ming Du

Virginie Barral

Balancing Soft and Hard Law for Business and Human Rights

Barnali Choudhury

SHORTER ARTICLES AND NOTES Jurisdiction in Tort Claims for Non-Physical Harm Under Brussels 2012, Article 7(2) Acts of Torture as An Instrument of Government Policy in the Colony of Cyprus in the 1950s and Choice of Law Establishing a Military Presence in a Disputed Territory: Interpretation of Article 2(3) and (4) of the UN Charter

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

Jan Kleinheisterkamp

Towards Judicial Coordination for Good Water Governance?

Trevor C Hartley

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

Conservation Introductions for Biodiversity Adaptation under Cli Phillipa C. McCormack

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

Uglješa Grušić Tomohiro Mikanagi

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

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

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Arnaldo Ponce and Norma Archila

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

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

Abu Zubaydah v. Lithuania (Eur. Ct. H.R.)

Introductory Note by Christina M. Cerna MP v. Secretary of State for the Home Department (CJEU)

Introductory Note by Anne Aagten

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Journal of the British and Irish Association of Law Librarians

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

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

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

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

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

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

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Do no harm: A taxonomy of the challenges of humanitarian experimentation Kristin Bergtora Sandvik, Katja Lindskov Jacobsen and Sean Martin McDonald

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Intisar Rabb Harvard University Gautham Rao American University

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

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

427

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

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Catharine MacMillan King’s College, London

Craig Evan Klafter American University of Myanmar

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

Gautham Rao American University David Tanenhaus UNLV

Kim Welch Vanderbilt University

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

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Volume 36, Number 3 · August 2018

Volume 51 Number 3 2018

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

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| NUMBER 4 | DECEMBER 2018

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

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

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

Proceedings of the 111th Annual Meeting

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

cambridge.org/leg

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griculture:

imate Change

parative Analysis and China

VOLUME 17 | NUMBER 4 | OCTOBER 2018

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

557

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

575

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

609

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

635

VOLUME 17 | NUMBER 4 | OCTOBER 2018

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

665

Case Summaries: WTO Disputes

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

MARIA ALCOVER

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

KHOLOFELO KUGLER

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

693

696

KHOLOFELO KUGLER

700

Reviewers: World Trade Review 2018

707

J U LY 2 0 1 8 Cambridge Core For further information about this journal please go to the journal website at:

cambridge.org/wtr

VOLUME 17 | NUMBER 4 | OCTOBER 2018

e for REDD+

VOLUME 7 ISSUE 2

mined Contributions

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WORLD TRADE REVIEW

n Zeben, Editors

T R A N S N AT I O N A L E N V I R O N M E N TA L L A W

TA L L A W

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ISSN: 2047-1025

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