Cambridge University Press Law Catalogue: September 2019 - April 2020

Law Books and Journals Catalogue September 2019 - April 2020

www.cambridge.org/Law2019

Welcome to the Law Books and Journals Catalogue 2019/20 Here you will find new and forthcoming titles showcasing the best academic research from our internationally renowned authors. Our highlights include The Trust Revolution, Handbook on Good Treaty Practice and Climate Change, Disasters and the Refugee Convention.

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.

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

In Europe:

Cambridge Alerts

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

In Asia: Joe Ng jng@cambridge.org

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Law Catalogue 2019

A Theory of Legal Obligation Stefano Bertea | University of Leicester

This book puts forward an original and sustained argument concerning the relations between law and obligation. Highlighting the conceptual connections of law and obligation, Bertea establishes a theory of legal obligation that engages with and offers critiques of commonly-held understandings in contemporary jurisprudence.

• Questions how should legal obligation be distinctively conceptualized and defends a comprehensive and original theory of legal obligation • Critically assesses the most influential theoretical existing models and presents a new, alternative concept of legal obligation • Explores a unique methodology of inquiry that has not been used in jurisprudence before and is not reducible to any of the traditional methods employed Jurisprudence, legal theory

November 2019 228 x 152 mm c.378pp 978-1-108-47510-5 Hardback £95.00 / US$125.00

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Early Natural Law and the Abrahamic Faiths Karen Taliaferro | Arizona State University

Drawing on classical natural law to bridge the gaps between human and divine law, Taliaferro expounds a new, practical theory of religious freedom for the modern world, and lucidly explains the challenges involved. This book will appeal to scholars of religion, and law, as well as classical Judaism, Christianity and Islamic studies.

• Examines the ancient roots of religious liberty as a response to the clash of human and divine laws • Provides close analyses of classic Greek, Jewish, Christian and Islamic philosophical texts • Develops a unified theory of justice and religious liberty using natural law as a tool for achieving justice in the modern era October 2019 228 x 152 mm c.182pp 978-1-108-42395-3 Hardback £85.00 / US$110.00

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Law and the Relational Self

Edited by Bas Leijssenaar | Katholieke Universiteit Leuven, Belgium

Jonathan Herring | University of Oxford

Sovereignty originally denoted the power of the ‘sovereign’, and later became a more abstract idea: the power of the state, later of the people or ‘popular sovereign’. Today sovereignty confronts challenges of globalization, privatization of power, and the rise of sub-state nationalism. An examination of key writers traces these challenges.

• Offers a close reading of key historical writers in their political context • Offers a particular emphasis on European continental writers, such as Constant, Sieyes and Schmitt • Links the history of sovereignty to current developments to show the continuing relevance of sovereignty debates to contemporary geopolitical movements Jurisprudence, legal theory

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This book argues that the most important thing to people and society is relationships, although the law emphasises individual rights and interests. The book offers a profound challenge to individualist ways of understanding the law and offers a new radical relational approach.

• Examines the concept of the relational self, showing that most people assume the individual model of the self, especially lawyers • Explores how adopting the model of the relational self impacts on law • Gives greater practical significance to the theoretical writing on the relational self Jurisprudence, legal theory | Law in Context

November 2019 247 x 174 mm c.218pp 978-1-108-42513-1 Hardback £85.00 / US$110.00

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High Crimes and Misdemeanors A History of Impeachment for the Age of Trump Frank O. Bowman III | University of Missouri

Civil Rights Rethinking their Natural Foundation Robin L. West | Georgetown University, Washington DC

The book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society. We are all entitled to the protections of law against violence, to a high quality education, to decent employment, and to necessary assistance with our caregiving.

• Attempts a re-examination of civil rights in a way that preserves their potency in the legal battle against racism and sexism, while extending their reach and promise to everyone impacted by law • Places civil rights within the context of legalism and law, and not only antidiscrimination law • Suggests the centrality of a wide range of areas of law – including private law – to the project of social justice Jurisprudence, legal theory | Cambridge Studies on Civil Rights and Civil Liberties

July 2019 228 x 152 mm c.250pp 978-1-108-48601-9 Hardback £64.99 / US$84.99 978-1-108-73694-7 Paperback £22.99 / US$29.99

The Possibility of Religious Freedom

Jurisprudence, legal theory | Law and Christianity

Sovereignty in Action

July 2019 228 x 152 mm 244pp 3 b/w illus.

978-1-108-48351-3 Hardback £85.00 / US$110.00

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Bowman explains impeachment from its medieval English roots through 250 years of American constitutional experience. He demonstrates that impeachment was meant to be adaptable to the challenges of any time, including the age of Trump.

This indispensable work will appeal to lawyers, constitutional scholars, legal historians, and any engaged citizen.

• Provides the first comprehensive examination of the history and status of the law and politics of impeachment • Analyzes the impeachment issues facing Trump’s presidency for both in-depth understanding of constitutional problems of impeachment and application to current events • Utilizes the author’s experience as a legal historian, criminal lawyer, and policy analyst to present information in a lively, engaging style that will appeal to non-experts Constitutional and administrative law, public law

August 2019 228 x 152 mm 478pp 3 tables 978-1-108-48105-2 Hardback £22.99 / US$29.95

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Law Catalogue 2019/20

The Politics of Court Reform

Reconstructing Rights

Judicial Change and Legal Culture in Indonesia Melissa Crouch | University of New South Wales, Sydney

Courts, Parties, and Equality Rights in India, South Africa, and the United States Stephan Stohler | State University of New York, Albany

Indonesia’s courts are an important part of its democratic system of governance and have undergone major reform since 1998. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia.

• Provides a comprehensive overview of the complex system of general and specialised courts in Indonesia • Expert contributors offer original research and bring a wide range of disciplinary perspectives and methodological inquiries to the study of courts in Indonesia • Informs debates on judicial reform strategies and offers an empirical analysis of Indonesia’s court reforms Constitutional and administrative law, public law

September 2019 228 x 152 mm c.430pp 6 b/w illus. 13 tables 978-1-108-49346-8 Hardback £95.00 / US$125.00 C

Independence and Accountability of the Higher Indian Judiciary

Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its socialscientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and areaspecialists for its cross-national investigation of equality rights.

• Offers an account of constitutional interpretation that draws on a wide range of original data • Presents a groundbreaking theoretical contribution to our understanding of constitutional interpretation • Focuses in large part on affirmative action Constitutional and administrative law, public law | Comparative Constitutional Law and Policy

July 2019 228 x 152 mm 280pp 2 b/w illus. 21 tables 978-1-108-49318-5 Hardback £85.00 / US$110.00

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The Conscientious Justice

Arghya Sengupta | Vidhi Centre for Legal Policy

How Supreme Court Justices’ Personalities Influence the Law, the High Court, and the Constitution Ryan C. Black | Michigan State University

Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India. Each of these facets leads to the critical questioning of judicial independence and accountability, and the book argues that they are not in conflict with each other and are crucial for an effective judiciary.

• Written in lucid and accessible language • Contains comparative material from the UK, USA and constitutional theory • Puts forth a set of recommendations for the higher judiciary • Contains deeply researched stories pertaining to the appointment, transfer, and impeachment of judges

Supreme Court justices have personalities that influence their behavior and, in turn, legal development and the Constitution. This book exhaustively examines every part of the Court’s decision-making process (and more) to reveal how justices’ personalities influence the law, the High Court, and the Constitution.

• Proposes a new view of judicial behavior • Examines nearly every stage of the Court’s decision-making process • Provides replication data for all chapters and valid estimates of the justices’ Big Five Personality Traits

Constitutional and administrative law, public law

US law

May 2019 228 x 152 mm 332pp 978-1-108-48565-4 Hardback £95.00 / US$125.00

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Reading American Indian Law

A Qualified Hope

Foundational Principles Grant Christensen | University of North Dakota

The Indian Supreme Court and Progressive Social Change Gerald N. Rosenberg | University of Chicago

This book will be useful to scholars, political activists, journalists and others interested in law, politics, and social change. In focusing on the conditions under which judicial decisions intended to help the relatively disadvantaged are implemented, it raises questions about public interest litigation, social movements and law, and judicial activism.

• Includes original empirical studies of the impact of Indian Supreme Court decisions on the relatively disadvantaged • Includes a detailed discussion of institutional background of the Indian Supreme Court • Combines both quantitative as well as qualitative approaches Constitutional and administrative law, public law | Comparative Constitutional Law and Policy

August 2019 228 x 152 mm c.379pp 8 b/w illus.

978-1-108-47450-4 Hardback £95.00 / US$125.00

December 2019 228 x 152 mm 348pp 75 b/w illus. 30 tables 978-1-107-16871-8 Hardback £85.00 / US$110.00 C

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Reading American Indian Law fills a gap in existing literature by approaching the study of Indian law through the lens of sixteen of the most impactful law review articles. Collectively the articles tell the story of the field, with each article accompanied by contextual information and questions for further discussion.

• Examines American Indian law through edited versions of sixteen of the most impactful law review articles • Distills complex articles to their central premise in an accessible format • Appendices contain a glossary of terms, summaries of US Supreme Court cases, and a list of additional readings US law

December 2019 228 x 152 mm c.453pp 978-1-108-48853-2 Hardback c. £90.00 / c. US$120.00 978-1-108-72648-1 Paperback c. £27.99 / c. US$41.99

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Law Catalogue 2019/20

The Disappearing First Amendment

Civic Power

Ronald J. Krotoszynski, Jr. | University of Alabama

Demonstrates how the Supreme Court enforces rules against content and viewpoint discrimination, but has been less reliable in safeguarding First Amendment rights when ordinary citizens need the government’s assistance to speak. This book should be read by anyone concerned with free speech and its place in democratic self-government.

• Provides an overarching theory of modern First Amendment theory, law, and practice to help organize and explain an otherwise odd distribution of wins and losses for litigants seeking to vindicate First Amendment claims • Challenges the current prevailing view that First Amendment rights consistently have expanded over time since the Warren Court • Argues in favor of balancing tests in First Amendment jurisprudence rather than bright line, categorical rules US law

October 2019 228 x 152 mm c.300pp 978-1-108-48154-0 Hardback £85.00 / US$110.00 978-1-108-72291-9 Paperback £26.99 / US$34.99

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

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

• Provides insights into the policy, theory, and practice of private sector development on American Indian reservations • Offers useful information to many different audiences, from policymakers to academics to practitioners • Identifies and presents possible solutions to several key barriers to private sector development • Delivers the language and arguments many are looking for to make the case to tribal politicians, Native communities, and allies about the importance of private sector development in Indigenous economies US law

November 2019 228 x 152 mm c.240pp 13 b/w illus. 11 tables 978-1-108-48104-5 Hardback £85.00 / US$110.00 C

Rebuilding American Democracy in an Era of Crisis K.Sabeel Rahman | Brooklyn Law School

Civic Power provides an answer to the most pressing debate of the moment, the crisis of American democracy, combining cutting edge scholarship and case studies, offering a forwardlooking pathway to revitalizing American democracy by building new forms of grassroots movement power, and radically democratic institutions.

• Bridges the divide between diagnosing problems to theorizing actual solutions • Synthesizes historical and social scientific analyses to explain the current crisis of American democracy in larger historical and systematic terms • Develops concrete suggestions on how practitioners can help build up grassroots organizations to improve American democracy, including with civic technology US law

October 2019 228 x 152 mm c.250pp 978-1-108-42211-6 Hardback £74.99 / US$99.99 978-1-108-43184-2 Paperback £22.99 / US$29.99

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Originalism’s Promise A Natural Law Account of the American Constitution Lee J. Strang | University of Toledo, Ohio

Originalism’s Promise helps Americans know their own Constitution and shows why their reverence for it, its Framers, and its legal system, is sound and valuable. The book offers a way out of the bitter fights represented by the Kavanaugh hearings, and marries the Constitution to natural law.

• Offers a deep, rich, and practical description and explanation of an originalist theory of interpretation • Provides a natural law justification for an originalist interpretation of US Constitution • Argues that originalism fits current American constitutional practice US law

July 2019 228 x 152 mm c.225pp 978-1-108-47563-1 Hardback £84.99 / US$110.00 978-1-108-46873-2 Paperback £24.99 / US$34.99

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

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

• Proposes a new framework for thinking about the constitutional problems triggered by the government’s speech • Focuses on practical remedies • Includes extensive illustration of the best and worst of government speech US law | Cambridge Studies on Civil Rights and Civil Liberties

August 2019 228 x 152 mm c.236pp 978-1-108-41772-3 Hardback £85.00 / US$110.00

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Law Catalogue 2019/20

Ruling the Law Legitimacy and Failure in Latin American Legal Systems Jorge L. Esquirol | Florida International University

Esquirol brings unrelenting legal realism to comparative law by challenging the conventional narratives – or fictions – of permanent failure and of European identity of Latin American law. He demonstrates their role in global governance,forum non conveniens motions and enforcement of foreign judgments in US courts, and investor-state arbitration.

• Challenges the image of permanent failure of Latin American law • Demonstrates the role of legal ideology in comparative law • Delineates a relatively new field of study in international relations, focusing on the power dynamics among national legal systems Comparative law | ASCL Studies in Comparative Law

December 2019 228 x 152 mm 250pp 1 table 978-1-107-17839-7 Hardback £85.00 / US$110.00

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Transitional Justice and Forced Migration Critical Perspectives from the Global South Nergis Canefe | York University, Toronto

This volume sheds light on ‘alternative realities’ of transitional justice. The expertise and work of scholars, activists and legal practitioners in the Global South allows the volume to unpack problematic assumptions and unacknowledged trade-offs associated with canonized claims regarding transitional justice projects, institutions and practices.

• Includes theoretical exercises that identify patterns • Engages with post-conflict restorative justice projects and the specificities of their undertaking in select regions • Includes debates on key concepts that pertain to forced migration and transitional justice studies nexus amongst several scholars Human rights

The Cambridge Companion to Comparative Constitutional Law

November 2019 228 x 152 mm c.330pp 6 b/w illus. 3 tables 978-1-108-42206-2 Hardback £85.00 / US$110.00 C

Roger Masterman | University of Durham

Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

• Provides an excellent introduction to the subject for students • Presents a wide range of materials from a wide range of countries and jurisdictions • Offers accessible short chapters by leading authors Comparative law | Cambridge Companions to Law

September 2019 228 x 152 mm 500pp 1 b/w illus. 4 tables 978-1-107-16781-0 Hardback £90.00 / US$120.00 P 978-1-316-61817-2 Paperback £29.99 / US$39.99 P PREVIOUSLY ANNOUNCED

Child Perpetrators on Trial Insights from Post-Genocide Rwanda Jastine C. Barrett

The Case for Liberalism with Borders Tom Farer | University of Denver

This remarkably acute, comprehensive, and candid book elaborates a liberal nationalist approach to the neuralgic questions of how to control access to rich democratic states in the face of extraordinary demographic pressures, and how to achieve a requisite common moral perspective among culturally diverse populations.

• Elaborates a grand strategy for addressing the multiple issues of public policy • Explains how persons who believe in the values that underlie human rights and liberal government may nevertheless oppose free movement across national frontiers • Identifies and evaluates what is really at stake in the debate over multiculturalism in liberal democratic states Human rights

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

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

Migration and Integration

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December 2019 228 x 152 mm c.225pp 4 b/w illus.

978-1-108-48571-5 Hardback c. £80.00 / c. US$110.00 978-1-108-70750-3 Paperback c. £21.99 / c. US$29.99

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

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

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

December 2019 228 x 152 mm c.366pp 20 b/w illus.

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

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Law Catalogue 2019/20

PREVIOUSLY ANNOUNCED

Incarcerated Childhood and the Politics of Unchilding

Demanding Rights

Nadera Shalhoub-Kevorkian | Hebrew University of Jerusalem

The book invokes a multidisciplinary approach to studying Palestinian childhood, drawing on demography, geography, psychology, health, social work, criminology, law, political science, critical race theory, comparative indigenous studies, and international relations to theorize violence against children. It offers ‘unchilding’ as a critical concept to advance studies of childhood in colonial contexts.

• Draws on a multi-disciplinary approach to the study of racism, colonialism and settler colonialism • Exposes historical tactics of dispossession as well as current state and global regimes of dispossession • Challenges traditional theorization on childhood while offering the concept of unchilding as the authorized eviction of children from childhood Human rights

August 2019 228 x 152 mm c.180pp 978-1-108-42987-0 Hardback £85.00 / US$110.00

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

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 Human rights | Cambridge Asylum and Migration Studies

May 2019 247 x 174 mm 206pp 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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Civilizing Disability Society

PREVIOUSLY ANNOUNCED

The Convention on the Rights of Persons with Disabilities Socializing Grassroots Disabled Persons Organizations in Nicaragua Stephen J. Meyers | University of Washington

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

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

This book investigates the ways in which the civil society provisions in the UN Convention on the Rights of Persons with Disabilities is used to civilize grassroots disability associations in Nicaragua by changing them from local mutual support and service providers into rights advocates organizations that fit a global model.

• Investigates the dissemination of human rights from the perspective of grassroots ‘rights holders’ • Provides a broad introduction to human rights, organizational sociology, and disability studies theory • Critiques the emergent trend of including a role for civil society in international human rights law Human rights | Cambridge Disability Law and Policy Series

September 2019 228 x 152 mm c.250pp 978-1-108-42761-6 Hardback £85.00 / US$110.00

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Human rights

July 2019 228 x 152 mm c.225pp 978-1-108-42550-6 Hardback £85.00 / US$110.00

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Genocide Never Sleeps Living Law at the International Criminal Tribunal for Rwanda Nigel Eltringham | University of Sussex

Genocide Never Sleeps provides an ethnographic account of the messy, human process of international criminal justice at the International Criminal Tribunal for Rwanda. It is for readers interested in international criminal justice, human rights, the anthropology of law and contemporary African politics.

• Provides a detailed record of the International Criminal Tribunal for Rwanda (ICTR) which ceased operations in 2015 • Provides readers with an intimate account of the day-to-day internal workings of an international criminal court and the people who worked there • Uses the exceptional nature of international criminal justice to reflect on the practice of law in general Human rights | Cambridge Studies in Law and Society

August 2019 228 x 152 mm c.234pp 10 b/w illus.

978-1-108-48559-3 Hardback £85.00 / US$110.00

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Law Catalogue 2019/20

The Edge of Law Legal Geographies of a War Crimes Court Alex Jeffrey | University of Cambridge

This book explores the fraught process of establishing trials for war crimes following violent conflict, such as in Bosnia and Herzegovina in the 1990s. This process can be seen as inherently spatial: creating new concepts of inclusion and exclusion and new understandings of the appropriate division of territory.

• Presents the first major study of the establishment and operation of the War Crimes Chamber of the Court of Bosnia and Herzegovina in the 1990s • Advances understandings of the contribution of geography and spatial theory to scholarship on war crimes courts • Explores in empirical detail the consequences of using legal institutions and innovations to consolidate a post-conflict state Human rights | Cambridge Studies in Law and Society

December 2019 228 x 152 mm 222pp 2 b/w illus.

978-1-107-19984-2 Hardback £85.00 / US$110.00

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A Transdisciplinary History of the Right to Education in America Michael J. Kaufman | Loyola University, Chicago

Badges and Incidents explains the law and pedagogical practices governing American education. It is a valuable resource for any citizen concerned with ensuring equal educational opportunity for all. By examining sources from the Constitution to the latest neuroscientific research, the book outlines principles for a truly democratic system of education.

• Combines a variety of interdisciplinary perspectives to demonstrate key principles in constructing an authentically democratic education system • Includes in-depth analyses of key Supreme Court decisions affecting education in America • Links historical events and movements to present-day phenomena Human rights | Cambridge Studies on Civil Rights and Civil Liberties

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We are at a time when international law and the law of war are particularly important. Ever since the first nuclear bomb was tested and then used, humanity has lived with the threat of total annihilation. This book discusses the effects of nuclear war and shows a way to eliminate the risks.

• Falk’s collection of articles gives a good historical background to the development and use of nuclear weapons • Provides an informative account of the international laws that govern the use of nuclear weapons • Shows a way to get rid of the threat of nuclear wars July 2019 228 x 152 mm 400pp 2 b/w illus.

978-1-108-49313-0 Hardback £95.00 / US$125.00

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

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

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

International and European Disability Law and Policy

November 2019 244 x 170 mm 500pp 3 b/w illus. 17 tables 978-1-107-11190-5 Hardback £120.00 / US$155.00 P 978-1-107-53068-3 Paperback £39.99 / US$49.99 P

Text, Cases and Materials Andrea Broderick | Universiteit Maastricht, Netherlands

This is the first textbook on international and European disability law and policy. Guided by the global legal standards of the CRPD, students are equipped with the necessary theoretical and conceptual background on disability, and a comprehensive overview of the legal and policy frameworks on disability.

• Covers both International and European disability law • Takes the perspective of the social model of disability • Uses a text, cases and materials approach to provide context to students learning in the subject area • Provides in-text resources for students, including problem questions, group projects, extracts from legal debates and learning outcomes Human rights | Law in Context

August 2019 247 x 174 mm c.625pp 978-1-108-41819-5 Hardback c. £105.00 / c. US$145.00 978-1-108-40660-4 Paperback c. £39.99 / c. US$69.99

Selected Writings of Richard Falk Edited by Stefan Andersson | Lunds Universitet, Sweden

Public international law

Badges and Incidents

October 2019 228 x 152 mm c.232pp 978-1-316-51043-8 Hardback £85.00 / US$110.00

On Nuclear Weapons: Denuclearization, Demilitarization and Disarmament

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International Law and the Cold War Matthew Craven | University of London

This study of the relationship between the Cold War and international law will be attractive to those who are interested in the history of the Cold War, the future of international society and the origins of the global political and economic system of the twenty-first century.

• Offers the first full-length study of international law and the Cold War • Demonstrates the intellectual utility of cross-disciplinary and creative approaches to understanding the global political order • The contributors have adopted a variety of heterodox methodologies and theoretical approaches to understanding the relationship between international law and the Cold War Public international law

November 2019 228 x 152 mm c.612pp 8 b/w illus.

978-1-108-49918-7 Hardback £120.00 / US$155.00

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Law Catalogue 2019/20

International Law Reports

Legitimacy of Unseen Actors in International Adjudication

Volume 183 Christopher Greenwood | International Court of Justice

Freya Baetens | Universitetet i Oslo

Volume 183 is devoted to the judgment of the Court of Justice of the EU (Wightman v. Secretary of State for Exiting the European Union), the landmark judgment of the African Court on Human and Peoples’ Rights (African Commission on Human and Peoples’ Rights v. Kenya) and the judgment of the English Court of Appeal (AlSaadoon v. Secretary of State for Defence).

• Reports on the 2018 judgment of the Court of Justice of the European Union on whether the United Kingdom can unilaterally revoke the notification of its intention to withdraw from the European Union Treaties, together with the judgment of the Inner House of the Scottish Court of Session that had referred that question to the Court (Wightman v. Secretary of State for Exiting the European Union) • Includes the landmark judgment of the African Court on Human and Peoples’ Rights concerning the rights of the Ogiek people (African Commission on Human and Peoples’ Rights v. Kenya) • Presents the judgment of the English Court of Appeal concerning the scope of the United Kingdom’s duty to investigate allegations of wrongdoing by British forces in Iraq (Al-Saadoon v. Secretary of State for Defence)

The opaqueness of unseen actors’ roles (such as registries and experts) in international adjudication raises questions concerning their legitimacy within dispute settlement mechanisms. This book investigates their functioning and identifies ‘best practices’ by examining international courts’ and tribunals’ institutional composition and practice.

• Provides institutional perspectives on the work of registries and secretariats as well as an extensive theoretical framework on different aspects of legitimacy • Features a cross-regime examination of five constitutive competences and roles of unseen actors • Aims to contribute to understanding how international courts and tribunals can respond to challenges to their legitimacy

Public international law | International Law Reports, 183

Edited by Martin Scheinin | European University Institute, Florence

September 2019 219 x 146 mm c.700pp 978-1-108-49651-3 Hardback £170.00 / US$220.00

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International Law Reports Volume 184 Christopher Greenwood | International Court of Justice

Volume 184 is devoted to the 2018 judgment of European Court of Human Rights in Ireland v. United Kingdom (Request for Revision of Judgment of 18 January 1978), the judgment of the European Court of Human Rights in Al Nashiri v. Poland and the judgment of the Court of Appeal of Northern Ireland in Re Application by Finucane for Judicial Review.

• Reports on the 2018 judgment of the European Court of Human Rights in Ireland v. United Kingdom (Request for Revision of Judgment of 18 January 1978) • Includes the judgment of the European Court of Human Rights in Al Nashiri v. Poland (concerning the United States’ Central Intelligence Agency rendition programme and the responsibility of the respondent State for alleged violations of European Convention on Human Rights • Reports on the judgment of the Court of Appeal of Northern Ireland in Re Application by Finucane for Judicial Review (concerning the enforceability under domestic law of the procedural obligation under Article 2 of the European Convention on Human Rights)

Public international law | Studies on International Courts and Tribunals

August 2019 228 x 152 mm c.496pp 7 b/w illus. 5 tables 978-1-108-48585-2 Hardback £110.00 / US$140.00 C

Human Rights Norms in ‘Other’ International Courts This book examines the role and impact of human rights norms in international courts other than dedicated human rights courts. It covers a whole range of courts and jurisdictions dealing with matters of international criminal law, the law of the sea, international economic adjudication and general international law.

• Combines an examination of the role of human rights in international non-human rights courts with comparative research across a range of international courts • Provides a new perspective which goes beyond existing research in the field containing novel comparative findings and original analytical and conceptual tools • Draws on the unique expertise and collaborations with the PluriCourts Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, Universitetet i Oslo, to develop a deeper theoretical and multidisciplinary grounding Public international law | Studies on International Courts and Tribunals

July 2019 228 x 152 mm c.464pp 978-1-108-49973-6 Hardback £110.00 / US$140.00

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Public international law | International Law Reports, 184

November 2019 219 x 146 mm c.707pp 978-1-108-49652-0 Hardback £170.00 / US$220.00

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Law Catalogue 2019/20

AVAILABLE OPEN ACCESS

Global Governance and the Emergence of Global Institutions for the 21st Century Augusto Lopez-Claros | Georgetown University, Washington DC

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

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

December 2019 228 x 152 mm c.515pp 5 b/w illus. 11 tables 978-1-108-47696-6 Hardback £110.00 / US$140.00 C

The Shifting Landscape of Global Trade Governance World Trade Forum Manfred Elsig | Universität Bern, Switzerland

This book analyzes current challenges and opportunities for the global trading system. It maps scenarios for sustainable global economic governance in ways that could transform the system as we know it.

• Provides a critical assessment of the current state of the global trading system • Offers a multi-disciplinary approach to understanding current challenges and opportunities • Examines short to middle-term scenarios and potential developments International economic and trade law, WTO law

August 2019 228 x 152 mm c.350pp 28 b/w illus. 14 tables 978-1-108-48567-8 Hardback £85.00 / US$110.00 C

Behind-the-Border Policies Assessing and Addressing Non-Tariff Measures Joseph Francois | Universität Bern, Switzerland

The book provides a valuable overview of key issues related to non-tariff trade policy measures and domestic regulation. It will be relevant for scholars of international economic law, international economics, and international political economy, as well as trade practitioners, officials, and civil society organizations.

• Brings together leading trade policy experts – both academics and practitioners – and younger researchers who have specialized in the analysis of non-tariff measures (NTMs) • Offers an empirical understanding of what NTMs are, what they do and what can be done about them, and how they have been and can be addressed through domestic reform and international cooperation • Offers readers an understanding of why NTMs matter, including the real-world importance of NTMs based on current data and state of the art methods International economic and trade law, WTO law

November 2019 228 x 152 mm c.386pp 32 b/w illus. 45 tables 978-1-108-48553-1 Hardback £95.00 / US$125.00 C

Emerging Powers in the International Economic Order Cooperation, Competition and Transformation Sonia E. Rolland | Northeastern University, Boston

The post-WWII world order is coming apart. This book shows that the world is moving towards a pluralist governance of transnational economic flows. It focuses on the important role that emerging economies are playing in the evolution of such an order.

• Provides an interdisciplinary analysis of international trade and investment law • Weaves the exploration of legal changes originating from specific countries into an integrated global narrative • Combines technical treaty and case law analysis with high level theoretical framing International economic and trade law, WTO law | Cambridge International Trade and Economic Law

July 2019 228 x 152 mm 268pp 2 tables 978-1-107-12906-1 Hardback £85.00 / US$110.00

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Climate Change and the Voiceless Protecting Future Generations, Wildlife, and Natural Resources Randall S. Abate | Monmouth University, New Jersey

Abate identifies the common vulnerabilities of the voiceless – future generations, wildlife, and natural resources – and demonstrates how the law can evolve to protect their interests more effectively.

This book will appeal to anyone interested in how the law can mitigate the effects of climate change on those who stand to lose the most.

• Unifies the three categories of ‘the voiceless’ in one book for the first time, providing a new way of thinking about potential law reforms to enhance protection of the most vulnerable populations • Offers comprehensive treatment of recent developments in climate justice litigation and a new, broader perspective on climate justice that goes beyond human rights • Addresses US and international law sources and developments for a comprehensive analysis of strengths and limitations of various countries’ legal responses to climate justice issues Environmental law

December 2019 228 x 152 mm c.300pp 978-1-108-48011-6 Hardback £84.99 / US$110.00 978-1-108-70322-2 Paperback £26.99 / US$34.99

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Environmental Law and Economics Theory and Practice Michael G. Faure | Erasmus Universiteit Rotterdam

This is a detailed overview of the law-andeconomics methodology developed and employed by environmental lawyers and policymakers. It will appeal to students and scholars in a range of disciplines interested in environmental policy and will be useful to practicing lawyers and policymakers assembling and testing their arguments and policy options.

• Explains theory supporting environmental law and economics in a way that is accessible to all readers • Utilizes real-life, case-based discussions and covers a wide range of environmental, wildlife, and climate change law topics • Provides examination of the results and successes of legal experiments to demonstrate how effective environmental law and economics has proven to be Environmental law

September 2019 228 x 152 mm c.370pp 1 table 978-1-108-42948-1 Hardback £84.99 / US$110.00 978-1-108-45429-2 Paperback £29.99 / US$39.99

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Law Catalogue 2019/20

Handling Climate Displacement

Causation in Competition Law Damages Actions

Khaled Hassine | United Nations, Geneva

Claudio Lombardi | Kazakhstan Institute of Management, Economics and Strategic Research

Hassine draws from real-life scenarios and his long experience working to protect the rights of displaced people, creating a pragmatic policy for the human consequences of climate change.

Without confusing jargon and abstract scientific concepts, the study gives lucid insight into climate displacement. Accessible for undergraduates, law and policy practitioners.

• Approaches topics through relatable issues of the human impact of climate change, without jargon and abstract scientific concepts • Provides practical guidance on maintaining human rights in this unprecedented area • Uses real case scenarios to conceptualize a pre-emptive approach in dealing with climate displacement

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Illuminating the concept and practical implications of causation in competition litigation, this work is an excellent resource for practitioners, scholars, and graduate students with experience in competition law.

Lombardi’s comparative analysis of relevant statutory and case law will also appeal to readers generally interested in analyzing economic torts and causation.

• Examines an underexplored area of competition law • Offers possible ways to harmonize European Union Law • Will appeal to academics and practitioners looking for a holistic analysis of causation Competition law, anti-trust law | Global Competition Law and Economics Policy

December 2019 228 x 152 mm c.250pp 978-1-108-42862-0 Hardback £85.00 / US$110.00

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Environmental law

August 2019 228 x 152 mm c.246pp 978-1-108-48648-4 Hardback £85.00 / US$110.00

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A Commentary Ilias Bantekas | Brunel University

The Governance of Solar Geoengineering Managing Climate Change in the Anthropocene Jesse L. Reynolds | University of California, Los Angeles

It appears possible to reduce climate change by blocking a small portion of incoming sunlight.

This ‘solar geoengineering’ is receiving increasing attention but poses its own risks and is controversial. Drawing from law, political science, and economics, this volume explores how solar geoengineering is, could, and should be governed.

• The first book to address the global issue of managing and implementing solar geoengineering research • Offers detailed proposed governance • Vital reading for scholars and policy makers Environmental law

May 2019 228 x 152 mm 250pp 1 b/w illus. 1 table 978-1-107-16195-5 Hardback £69.99 / US$89.99 978-1-316-61413-6 Paperback £26.99 / US$34.99

UNCITRAL Model Law on International Commercial Arbitration

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Indigenous Water Rights in Law and Regulation Lessons from Comparative Experience Elizabeth Jane Macpherson | University of Canterbury, Christchurch, New Zealand

The book is for anyone interested in rights to and the regulation of natural resources across a range of disciplines. It will be of particular interest to researchers and practitioners concerned with the rights of indigenous peoples and their engagement with the regulation of water.

• Provides in-depth and current comparative analysis on the question of why and how states provide for indigenous water rights around the world • Includes detailed country studies of indigenous water rights in their historical, political and social context in Australia, New Zealand, Chile and Colombia • Includes analysis of Chilean and Colombian law and policy in context, translating and interpreting key cases, legislation and commentary previously inaccessible to an English-speaking audience

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

• A comprehensive article-by-article commentary of the Model Law on International Commercial Arbitration written by leading academics and practitioners • Provides in-depth critical analysis of commercial arbitration that not only discusses case-law but also explores the ideas behind arbitration • Combines both theory and practice, ensuring relevance for practitioners, legislators and academics Dispute resolution, mediation and arbitration

December 2019 228 x 152 mm c.650pp 978-1-108-49823-4 Hardback c. £200.00 / c. US$260.00

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Corporate Personhood Susanna Kim Ripken | Chapman University, California

The topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Highlighting the complexity of the corporate personhood concept, Susanna Kim Ripken addresses what it means to say that the corporation is a person and why it matters.

• Provides a broad interdisciplinary analysis of corporate personhood through a collection of different theories that reveal the many facets of the corporate person • Avoids traditional narrow explications that focus exclusively on the economic and legal aspects of corporations • Analyzes the complexity of corporate personhood in accessible terms to appeal to readers, with or without legal training, who seek a broad understanding of corporate personhood Corporate law, commercial law, company law

August 2019 228 x 152 mm 312pp 978-1-108-41652-8 Hardback £84.99 / US$105.00 978-1-108-40392-4 Paperback £26.99 / US$34.99

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Environmental law | Cambridge Studies in Law and Society

August 2019 228 x 152 mm c.250pp 978-1-108-47306-4 Hardback £85.00 / US$110.00

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Law Catalogue 2019/20

ASEAN Consumer Law Harmonisation and Cooperation

The Internal Market and the Future of European Integration

Achievements and Challenges Luke Nottage | University of Sydney

Essays in Honour of Laurence W. Gormley Edited by Fabian Amtenbrink | Erasmus Universiteit Rotterdam

The first Western-language research monograph detailing significant developments in consumer law and policy across Southeast Asia. Eight chapters examine consumer law topics within ASEAN member states such as product safety and consumer contracts as well as financial and health services, plus the interface with competition law.

• Offers detailed analysis of the development and current implementation of core areas of consumer law across Southeast Asia • Provides insights into a unique organisation by comparing the development and current features of ASEAN and explores its future potential in consumer law and policy making • Builds on extensive fieldwork in many ASEAN member states and provides reliable and contextual analysis of consumer law and policy in the region Corporate law, commercial law, company law | Integration through Law: The Role of Law and the Rule of Law in ASEAN Integration, 18

October 2019 216 x 138 mm c.300pp 2 b/w illus. 3 tables 978-1-108-72582-8 Paperback c. £44.99 / c. US$59.99 P

European law

April 2019 228 x 152 mm 854pp 1 b/w illus. 1 table 978-1-108-47441-2 Hardback £125.00 / US$175.00

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

Bankruptcy The Case for Relief in an Economy of Debt Joseph Spooner | London School of Economics and Political Science

Spooner examines the increasing instability of using excessive household debt as a means of maintaining economic growth. He turns to bankruptcy law as a mechanism of social insurance against the risks of a debt-dependent economy. This will appeal to anyone interested in understanding the problem of consumer debt and how to address it.

• Proposes a unified theory of consumer bankruptcy law as a social insurance mechanism in a debt dependent economy • Situates bankruptcy law in the context of contemporary policy discussions regarding the role of household debt in the economy, and the policy problems posed by excessive household debt • Combines extensive theoretical and policy discussion with detailed analysis and critique of specific elements of bankruptcy law, as well as the law’s overall structure • Adopts a genuinely inter-disciplinary approach, drawing on discussions of household debt in economics, sociology, law and political science Corporate law, commercial law, company law | International Corporate Law and Financial Market Regulation

April 2019 228 x 152 mm 306pp 978-1-107-16694-3 Hardback £85.00 / US$110.00

This book provides a definitive critical reassessment of the constitutional, economic, institutional, and judicial dimensions of the EU internal market, including EU external relations and Brexit. All forty chapters are written by leading experts in the field, including six former or current members of the European Court of Justice.

• Deals with a broad range of topic issues pertaining to the EU internal market • Includes topical matters of the EU internal market, with multiple contributions on Brexit • Includes contributions by the most renowned judges and scholars in the field of EU law, including six former or present members of the European Court of Justice

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

• Presents and analyzes all areas of EU law challenged by populism and Euroscepticism • Focusing on the EU’s legal powers in classic areas of state sovereignty, the volume updates the dominant, market-centered narrative of EU law • Proposes legal and policy reforms to improve EU law and governance European law

December 2019 228 x 152 mm c.585pp 2 b/w illus. 1 table 978-1-108-48508-1 Hardback £120.00 / US$155.00 C

Constitutional Identity in a Europe of Multilevel Constitutionalism Christian Calliess | Freie Universität Berlin

In this volume, various leading and well-placed experts explain the key constitutional features, or identities, of selected Member States of the European Union. Not only are these constitutional identities compared, but the notion of such identity is discussed against the background of the EU’s constitutional relationship with its Member States.

• Presents a critical overview of EU Member State constitutional identities • Compares EU Member State constitutional identities, filling a gap in current literature • Develops the concept of constitutional identity against the background of EU multilevel constitutionalism European law

November 2019 228 x 152 mm c.350pp 978-1-108-48043-7 Hardback £85.00 / US$110.00

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Law Catalogue 2019/20

The Construction of Fatherhood

The Globalized Governance of Finance

The Jurisprudence of the European Court of Human Rights Alice Margaria | Max-Planck-Institut für ethnologische Forschung, Halle

David Zaring | University of Pennsylvania

This book tackles one of the most topical sociolegal issues of today: how the law is responding to shifting practices and ideas of fatherhood.

Margaria examines the legal status of the father in a world that offers radical possibilities for the fragmentation of the conventional father figure.

• Offers a clear and original conceptual framework to study the legal regulation of fatherhood, enabling readers to understand the case law analysis without being familiar with extensive family and gender studies literature • Examines the European Court of Human Rights’ construction of fatherhood and looks at its moral and doctrinal underpinnings • Explores the complex emerging relationships between fatherhood, law, and social change, and addresses the general need to adjust outdated legal frameworks to recognise new family realities European law

November 2019 228 x 152 mm c.200pp 978-1-108-47509-9 Hardback £85.00 / US$110.00

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In the Court We Trust Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts Rob van Gestel | Universiteit van Tilburg, The Netherlands

This book explains the lack of dialogue between the Court of Justice of the European Union (CJEU) and Supreme Administrative Courts, and offers scenarios for fruitful co-actorship between them.

Written for a broad audience of people interested in the interaction between the European Court of Justice and national courts.

• Offers an explanation for the lack of collaboration between the European Court of Justice and national courts • Provides inside information on how judges from the Court of Justice of the European Union (CJEU) and Supreme Administrative Courts interact • Combines a literature review with a case law analysis and interviews European law | Cambridge Studies in European Law and Policy

December 2019 228 x 152 mm c.200pp 4 b/w illus. 4 colour illus.

978-1-108-48127-4 Hardback £85.00 / US$110.00 C

The Foreclosure Echo

11

This book is for readers who want to understand how finance is governed. As the world looks for sustainable models of global governance, the consistency of the international financial regulatory system as described in this insightful book could be a successful model of soft law.

• Makes sense of a complicated, and important, area of law, one designed to prevent financial crises • Identifies a successful example of international cooperation that could be copied in other areas • Useful for readers in the financial regulatory space Financial law, banking law

November 2019 228 x 152 mm c.225pp 978-1-108-47551-8 Hardback c. £85.00 / c. US$110.00 978-1-108-46859-6 Paperback c. £21.99 / c. US$32.99

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Smart Surveillance How to Interpret the Fourth Amendment in the Twenty-First Century Ric Simmons | Ohio State University

Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.

• Proposes a new method of evaluating surveillance that will stand in contrast to other books about surveillance and government power, which use older paradigms in applying the Fourth Amendment • Adopts a more balanced and oftentimes pro-law enforcement ideology in addressing the question of law enforcement surveillance • Includes numerous chapters on the effect of big data and predictive algorithms on policing and judging to appeal to those who want to know more about big data’s role in the criminal justice system Criminal law

August 2019 228 x 152 mm c.280pp 8 b/w illus. 5 tables 978-1-108-48360-5 Hardback £79.99 / US$105.00 P 978-1-108-72896-6 Paperback £26.99 / US$34.99 P

The UN Working Group on Arbitrary Detention Commentary and Guide to Practice Jared Genser | Georgetown University, Washington DC

How the Hardest Hit Have Been Left Out of the Economic Recovery Linda E. Fisher | Seton Hall University, New Jersey

Describes the ongoing effects of the foreclosure crisis and how these effects have exacerbated the economic plight of millions who lost their homes and also increased inequality across the country.

It will be of interest to scholars and students of property and finance law and to those involved in community economic development and housing policy.

• Provides specific examples, through stories, of how the law affects real people • Illustrates the implications of law and policy to help readers see and feel the implications • Makes concrete policy and legal recommendations, based on evidence, legal experience and clients’ situations

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

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

• This book is a practitioner’s manual • Synthesizes, summarizes, and analyzes more than 1,200 jurisprudence cases of this UN body, in the context of the requirements of multilateral treaties and other relevant international standards • Contains five real case study examples of individual cases Humanitarian law, law of armed conflict

December 2019 228 x 152 mm 225pp 20 b/w illus.

978-1-107-03445-7 Hardback £115.00 / US$150.00

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Financial law, banking law

July 2019 228 x 152 mm 222pp 978-1-108-41557-6 Hardback £79.99 / US$105.00 978-1-108-40161-6 Paperback £26.99 / US$34.99

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Law Catalogue 2019/20

As War Ends

The Military Commander’s Necessity

What Colombia Can Tell Us About the Sustainability of Peace and Transitional Justice Edited by James Meernik | University of North Texas

The Law of Armed Conflict and its Limits Sigrid Redse Johansen | Norwegian Defence University College

The book offers both an in depth and illustrative analysis of the frequently, yet incomprehensively, addressed notion of military necessity. Johansen takes a practical and unique perspective of the military commander’s assessment of when means and methods of warfare are deemed lawful.

• Offers a comprehensive contemporary analysis of the legal function of military necessity in the international humanitarian law of armed conflict, distinguishing military necessity from other legal concepts • Presents the legal limits to the military commander’s assessment of military necessity during conduct of hostilities and makes the application of the abstract legal concept of military necessity more concrete and exemplified for armed forces • Discusses the balance between the commander’s room for subjective manoeuvre with objective limits to their assessment of military necessity, showing how both a commander’s margin of appreciation and objective legal limits are indispensable and intertwined Humanitarian law, law of armed conflict

December 2019 228 x 152 mm c.464pp 978-1-108-49392-5 Hardback £110.00 / US$140.00

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Asia-Pacific Perspectives on International Humanitarian Law Suzannah Linton | Zhejiang Gongshang University, China

This book is ideal for those who seek to deepen their understanding of international humanitarian law, diplomacy and international relations in the context of the Asia-Pacific region. It features contributions from legal and military practitioners, International Committee of the Red Cross (ICRC) experts, judges, scholars and activists who have lived and breathed the region.

• The deepest, most far-reaching study of international humanitarian law in the Asia-Pacific region with forty-seven contributors drawing on a diverse range of expertise across civilian and military backgrounds and traversing policy, practice and academia • Provides unique insights from the authors’ own experience about regional armed conflicts, examining the national and regional nuances to the theory and practice of international humanitarian law and their global significance • Building on the contributors’ own engagement to suggest effective strategies for improving the implementation of international humanitarian law, this collection is in itself an innovative record of the laws of war in the Asia-Pacific region Humanitarian law, law of armed conflict

October 2019 253 x 177 mm c.1200pp 4 b/w illus. 4 tables 978-1-108-49724-4 Hardback £160.00 / US$210.00 R

The volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies.

• Offers a comprehensive and diverse overview of peace and justice in Colombia • One of the first edited volumes on the aftermath of the Colombian government’s war with the FARC and the peace treaty • The authors are international scholars who specialize in peacebuilding, transitional justice and Colombian politics Humanitarian law, law of armed conflict

July 2019 228 x 152 mm c.422pp 58 b/w illus. 16 tables 978-1-108-49904-0 Hardback £95.00 / US$125.00

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The Persistence of Reciprocity in International Humanitarian Law Bryan Peeler | University of Manitoba, Canada

The expectation of reciprocity is an important factor when states consider their legal obligations in armed conflicts. Examining the history of international humanitarian law and US prisoner of war policy in Vietnam and the War on Terror, Peeler demonstrates how states continue to make use of reciprocity when considering their legal obligations.

• Establishes a nuanced view of reciprocity and explores in detail how reciprocity works in international law • Explores the use of H. L. A. Hart’s theory of law and demonstrates how reciprocity has been preserved within international humanitarian law • Demonstrates how the use of a multi-actor setting of state decision making and other nuanced forms of reciprocity are considered in debates about legal obligations during armed conflicts Humanitarian law, law of armed conflict

October 2019 228 x 152 mm c.216pp 1 b/w illus. 1 table 978-1-108-48669-9 Hardback £85.00 / US$110.00

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Patents on Life Religious, Moral, and Social Justice Aspects of Biotechnology and Intellectual Property Thomas C. Berg | University of St Thomas, Minnesota

Brings legal, religious, ethical, and political perspectives to bear on debates about biotechnology patents or ‘patents on life’. With international, interfaith, and cross-disciplinary contributions, it will appeal to legal scholars, policymakers, advocates, and religious ethicists and leaders working in the area of social ethics and justice.

• Offers a cross-disciplinary approach to debates around the patenting of life forms that will inform academics and practitioners of perspectives from a variety of fields • Combines expert legal commentary with careful ethical and theological reflection on biotechnology to inform lawyers of the religious, ethical, and social-justice implications of biotechnology patenting • Brings a global range of perspectives with contributors from multiple continents and traditions to offer an international view of the issues, and reflect the different approaches to dealing with moral issues across different patent law systems Intellectual property

November 2019 228 x 152 mm c.322pp 3 b/w illus.

978-1-108-42868-2 Hardback £85.00 / US$110.00

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Law Catalogue 2019/20

The Cambridge Handbook of Copyright in Street Art and Graffiti

3D Printing and Intellectual Property Lucas S. Osborn | Campbell University, North Carolina

Enrico Bonadio | City, University of London

Bonadio brings together experts to provide the first comprehensive analysis of issues related to copyright in street art and graffiti. This book sheds light on the legal tools available for artists and offers policy and sociological insights to spur further debate. It will appeal to legal scholars and law practitioners around the world.

• Proposes a new view of innovative legal issues related to copyright and graffiti, which will appeal to legal scholars and law practitioners from a wide range of jurisdictions • Offers a mix of legal, policy, and sociological analysis that will appeal not only to law experts but also policymakers, sociologists, criminologists, experts in urban development, and architects • Spurs further debates on whether copyright and moral rights are available for these forms of art Intellectual property

September 2019 253 x 177 mm c.450pp 17 b/w illus.

978-1-108-48233-2 Hardback £150.00 / US$195.00

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Osborn focuses on the novel issues raised for intellectual property (IP) law by 3D printing for the major IP systems around the world. Nonexperts and experts alike should read this innovationcentered analysis of and balanced response to the disruption caused by 3D printing.

• Elucidates the novel legal issues raised by 3D printing technology so that readers can understand where new legal strategies or changes in doctrine are most likely needed • Provides a strong emphasis on utilitarian innovation as it relates to 3D printing to reveal issues not affected or analyzed during previous rounds of digitization (such as those involving music, movies, and books) • Written in a manner accessible to non-lawyers and non-IP experts to allow a broader audience to understand the impact of the technology on IP, innovation, and creative endeavors • Includes analysis of several of the major IP systems around the world, notably the US, Europe, and Japan, in order to make analyses and conclusions relevant to a global audience Intellectual property

The Cambridge Handbook of Technical Standardization Law Further Intersections of Public and Private Law Volume 2 Jorge L. Contreras | University of Utah

This volume assesses and analyzes legal aspects of technical standards and standardization, focusing on key areas including administrative, trade, copyright, trademark, and certification law.

It will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.

• Provides the first comprehensive treatment that unites discussions of administrative, copyright, trademark, and international trade law in a single resource • Integrates perspectives on standardization and litigation concerning standardization from the United States and Europe to provide international reach • Offers both a comprehensive and balanced perspective on this complex area of law to serve as an invaluable resource for judges, policymakers, legal practitioners and industry representatives Intellectual property

September 2019 253 x 177 mm 600pp 6 b/w illus. 6 tables 978-1-107-12971-9 Hardback £150.00 / US$195.00 R

September 2019 228 x 152 mm 242pp 978-1-107-15077-5 Hardback £74.99 / US$99.99 978-1-316-60534-9 Paperback £29.99 / US$39.99

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The Cambridge Handbook of US Labor Law for the Twenty-First Century Richard Bales | Ohio Northern University

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

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

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

December 2019 253 x 177 mm c.600pp 2 b/w illus.

978-1-108-42883-5 Hardback £190.00 / US$250.00

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Law Catalogue 2019/20

Lawless

The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms

The Secret Rules That Govern our Digital Lives Nicolas P. Suzor | Queensland University of Technology School of Law and Digital Media Research Centre

Edited by Larry A. DiMatteo | University of Florida

This collaboration between scholars, legal practitioners, and technology experts analyzes the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks. It will interest anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

• Addresses many aspects of contract law and how they are affected by blockchain technologies • Goes beyond a first and general approach of blockchain and smart contracts • Adopts a comparative approach to provide a view on different jurisdictions as they relate to smart contracts E-commerce law, internet law

October 2019 253 x 177 mm c.500pp 2 b/w illus.

978-1-108-49256-0 Hardback £150.00 / US$195.00

Suzor presents a rigorous, accessible overview of how the Internet is governed by technology companies that are themselves under immense pressure from governments and others to regulate what individuals do online. This timely and insightful book advocates a groundbreaking new approach: a digital constitutionalism to protect human rights online.

• Includes clear, practical advice for technology companies, civil society organizations, and government regulators • Explains the complexities of regulating the Internet • Critiques how social media companies, search engines, and telecommunications providers shape our social lives E-commerce law, internet law

July 2019 228 x 152 mm 218pp 978-1-108-48122-9 Hardback £74.99 / US$99.99 978-1-108-74047-0 Paperback £22.99 / US$29.99

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R PREVIOUSLY ANNOUNCED

Monitoring Laws

NEW IN PAPERBACK

Profiling and Identity in the World State Jake Goldenfein | Cornell University, New York

Re-Engineering Humanity

Traces the history of government profiling, the effects of contemporary technologies on surveillance practices, and how the law protects individuals by protecting ‘identity’. Goldenfein’s analysis of emerging legal protections for contemporary technological environments makes this ideal for anyone interested in how computation is changing society and governance.

• Offers an interdisciplinary look at pressing legal questions regarding surveillance • Describes how the combination of statistics and sensing technologies are redefining people as patterns of behavior • Provides a synopsis of the past thirty years of legal thinking about automated decision-making and profiling, and analyses new and emerging regulatory proposals E-commerce law, internet law

November 2019 228 x 152 mm c.250pp 978-1-108-42662-6 Hardback £85.00 / US$110.00

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

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

• Explains how and why the way in which we govern the frontiers is changing, and what that means for the future • Explores what the frontiers have in common, and how they differ • Demystifies the global commons and why we can no longer ignore what happens ‘out there’ E-commerce law, internet law

November 2019 228 x 152 mm c.528pp 18 b/w illus. 12 tables 978-1-108-42773-9 Hardback £110.00 / US$140.00 C

Brett Frischmann | Villanova University Charles Widger School of Law, Pennsylvania

With interdisciplinary breadth, scholarly depth, and clear, evocative, and resonant writing, ReEngineering Humanity explains how technology threatens our humanity, endangers the future of our society, and can be changed for the better.

• Offers an academically rigorous and interdisciplinary analysis • Written in accessible prose with resonant examples • Includes mind-blowing thought experiments Law and economics

September 2019 228 x 152 mm c.410pp 978-1-108-70764-0 Paperback £14.00 / US$17.95 Also available 978-1-107-14709-6 Hardback £25.00 / US$29.95

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The Trust Revolution How the Digitization of Trust Will Revolutionize Business and Government M.Todd Henderson | University of Chicago

This book traces the history of innovation and trust, demonstrating how the Internet offers new ways to rehabilitate and strengthen trust. It will appeal to anyone who wants to understand how trust has the potential to expand opportunities for human cooperation and reduce the size and scope of government and corporate control over our lives.

• Frames issues of regulation and government, as well as corporate law, brand and advertising, language, and law, in a way that offers alternatives to traditional views • Connects discussion of Internet platforms to the broader themes of trust and regulation • Uses a mix of economics, history, and law to make the thesis accessible to readers with an interest in many disciplines Law and economics

July 2019 228 x 152 mm 232pp 22 b/w illus.

978-1-108-49423-6 Hardback £69.99 / US$89.99 978-1-108-71419-8 Paperback £22.99 / US$29.99

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Law Catalogue 2019/20

Beyond Autonomy

Law, Lawyers and Litigants in Early Modern England

Limits and Alternatives to Informed Consent in Research Ethics and Law David G. Kirchhoffer | Australian Catholic University

This book is for anyone interested in research involving humans, such as researchers, potential participants, ethics committees and institutional review boards, university educators and students, and policy makers. It analyses the limitations of respect for autonomy that lead to under-research of vulnerable groups, and explores new ethical approaches.

• Offers a multidisciplinary and interdisciplinary exploration of the limits of respect for autonomy in human research ethics and the search for solutions • Engages with concrete historical and recent cases in human research ethics • Boasts an international list of contributors who are expert in their fields and who have practical experience in human research ethics governance and policy-making Medical law, health law | Cambridge Bioethics and Law

September 2019 228 x 152 mm c.224pp 5 tables 978-1-108-49190-7 Hardback £85.00 / US$110.00

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Essays in Memory of Christopher W. Brooks Edited by Michael Lobban | London School of Economics and Political Science

This collection of essays by prominent historians examines and builds on the scholarly legacy of Christopher W. Brooks, the leading historian of early modern English law, society and politics. Of interest to early modern historians of England and socio-legal scholars, exploring how law was understood and used by different communities.

• Offers an up-to-date assessment of the scholarship on early modern law, lawyers and litigants • Offers a summary and analysis of the late Christopher W. Brooks’s contribution to early modern history • Brings together the usually separate fields of legal history and social history Legal history

June 2019 228 x 152 mm 384pp 9 b/w illus. 2 tables 978-1-108-49172-3 Hardback £95.00 / US$125.00

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TEXTBOOK PREVIOUSLY ANNOUNCED

Trust in Medicine

Australian Uniform Evidence Law

Its Nature, Justification, Significance, and Decline Markus Wolfensberger | Universität Basel, Switzerland

Jointly written by an academic surgeon and an analytic philosopher with a special interest in medical ethics, Trust in Medicine should appeal to those participating in the ongoing debate about the nature and decline of trust – be it as medical professionals, medical ethicists, medical lawyers, or philosophers.

• Provides a comprehensive analytic definition of ‘trust’, adaptable to different situations • Combines the expertise of a physician and a philosophical medical ethicist • Presents reasons for the decline of trust in medicine and lays the foundation for how to improve it Medical law, health law | Cambridge Bioethics and Law

August 2019 228 x 152 mm c.258pp 5 b/w illus. 2 tables 978-1-108-48719-1 Hardback £85.00 / US$110.00 C

English Legal History and its Sources Essays in Honour of Sir John Baker Edited by David Ibbetson | University of Cambridge

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

• A Festschrift in honour of Professor Sir John Baker, a world-renowned legal historian of exceptional stature, by a group of those associated with Sir John’s work and career, distinguished legal historians in their own right • Designed to address, in broad terms, the theme of sources of English legal history which will be valuable as a scholarly resource in that respect • A high proportion of the chapters in the book contain new work on sources not previously examined, or not previously examined for the purposes addressed in the chapters

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 610pp 6 b/w illus.

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

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Legal history

May 2019 228 x 152 mm 420pp 2 b/w illus. 6 tables 978-1-108-48306-3 Hardback £95.00 / US$125.00

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Law Catalogue 2019/20

TEXTBOOK

Tax Credits for the Working Poor

A Sourcebook on Equity and Trusts in Australia

A Call for Reform Michelle Lyon Drumbl | Washington and Lee University, Virginia

Second edition M. W. Bryan | University of Melbourne

Provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions.

• Provides clarity and succinctness in stating and presenting the law, without sacrificing depth • Provides key principles incrementally • Includes well chosen case extracts that are useful and provide good examples of the relevant principle Contents: Part I. Introduction: 1. Introduction; Part II. Equitable Remedies: 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Recission and rectification; 6. Bars to relief; Part III. Equity, Contract and Property: 7. Equity and contract; 8. Equitable proprietary interests; 9. Equitable assignments; Part IV. Equitable Obligations: 10. Fiduciary relationships; 11. Third party participation in a breach of fiduciary obligation; 12. Breach of confidence; Part V. Express Trusts: 13. The concept of an express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable purposes; Part VI. Performing the Trust: 17. Trustees’ duties and powers; 18. Investment of trust funds; 19. Trustees’ rights; Part VII. Breach of Trust: 20. Breach of trust: defences and remedies; 21. Tracing; Part VIII. Resulting and Constructive Trusts: 22. Resulting trusts; 23. Constructive trusts; 24. Termination and variation of trusts.

Equity and trusts

November 2019 247 x 174 mm c.696pp 978-1-108-70310-9 Paperback £89.99 / US$149.95

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Private Racism Sonu Bedi | Dartmouth College, New Hampshire

This book is for anyone interested in racial justice and the way in which racism takes place in the private sphere. In particular, this book discusses the Internet and the sharing economy as a site of racial injustice or private racism.

• Discusses instances of private racism • Draws on civil rights law • Enlarges the boundary of racial justice by drawing on an overlapping moral consensus

September 2019 228 x 152 mm c.300pp 1 table 978-1-108-41505-7 Hardback £79.99 / US$105.00 978-1-108-40020-6 Paperback £26.99 / US$34.99

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Evolution of Goods and Services Tax in India R. Kavita Rao | National Institute of Public Finance and Policy, New Delhi

Studies the following issues on Goods and Services Tax (GST): inclusion and exclusion of taxes, finding a suitable mechanism to handle inter-state transactions, finding revenue neutrality of the tax reform, providing compensation to states for any possible loss of revenue due to its adoption, and possible scope for coordination in GST administration.

• Studies have been substantiated with empirical research • Has contemporary relevance • Includes a pioneering chapter by eminent scholar Amaresh Bagchi May 2019 228 x 152 mm c.230pp 978-1-108-47396-5 Hardback £85.00 / US$110.00

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Mass Tort Deals Backroom Bargaining in Multidistrict Litigation Elizabeth Chamblee Burch | University of Georgia

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Catholic Social Teaching A Volume of Scholarly Essays Gerard V. Bradley | University of Notre Dame, Indiana

A suitable text for graduate courses and upper level undergraduate seminars in religious ethics, moral theology and related subjects. Will be of interest to nearly anyone in the humanities or social sciences fields.

• Its appeal will not be limited to Catholics, or even just to those who embrace Christianity, but to any scholar interested in the history or content of modern Catholic social teaching • Written mostly by philosophers • A work of constructive critical exegesis Socio-legal studies | Law and Christianity

July 2019 228 x 152 mm c.636pp 978-1-316-51360-6 Hardback £120.00 / US$155.00

Taxation

Taxation

Socio-legal studies

December 2019 228 x 152 mm c.250pp 978-1-108-41538-5 Hardback £64.99 / US$84.99 978-1-108-40134-0 Paperback £22.99 / US$29.99

Drumbl analyzes the effectiveness of the earned income tax credit (EITC) in the United States and offers suggestions for how it can be improved. This book should be read by anyone interested in how the EITC can be reimagined to better serve the working poor and, more generally, whether the tax system can promote social justice.

• Presents perspective of individuals for whom the system is not working well • Proposes alternatives that draw from other systems, introducing readers to case studies from other systems • Draws upon the work of sociologists, economists, and social psychologists to appeal to readers both in and outside of the discipline of law

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Written for academics, policymakers, and the public, this important work explains how our justice system handles widespread harms over pharmaceutical drugs and medical devices. Using anecdotes to bring twenty-two years of data to life, it launches a richly accessible discussion of the bargains that insiders strike to end massive lawsuits.

• Will appeal to judges, practitioners, and academics who are seeking evidence about what happens in these high-profile cases • Avoids legal and technical jargon whenever possible and explains complex terms and concepts • Includes proposals and new ideas for effective reform of the system Tort law

May 2019 229 x 152 mm c.250pp 8 b/w illus. 11 tables 978-1-108-41697-9 Hardback £79.99 / US$105.00 978-1-108-40421-1 Paperback £26.99 / US$34.99

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Law Catalogue 2019/20

TEXTBOOK

Destabilized Property

Contract Law

Property Law in the Sharing Economy Shelly Kreiczer-Levy | College of Law and Business, Ramat Gan, Israel

Principles and Context Andrew Stewart | University of Adelaide

Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law in Australia.

• The lead author, Andrew Stewart, is known for his clear and engaging writing style • Presents the development of contract law through cases that are both authoritative and used as factual examples to explain the law • Takes the reader to particular issues with contracts as they might arise in real life and then navigates a legal pathway through them Contents: Preface; Table of cases; Table of statutes; Part I. Introduction: 1. Some basic questions; 2. Themes and perspectives; 3. Resolving contractual disputes; Part II. Making a Contract: 4. Preparing to make a contract; 5. Formation; 6. Preliminary agreements; 7. Protecting reliance: the doctrine of Estoppel; 8. The parties to a contract; Part III. Contractual Obligations: 9. Terms and obligations; 10. Interpreting contracts; 11. Limiting or extending liability; 12. Performance of contractual obligations; Part IV. Adjusting a Contract: 13. Varying terms; 14. Transferring rights and obligations; 15. Impossibility and change of circumstances; Part V. Ending A Contract: 16. Termination of contracts; 17. Consequences of termination; Part VI. Vitiating Factors and Unfair Conduct: 18. Misinformation; 19. Undue pressure; 20. Unconscionability and unfairness; 21. Illegality and public policy; Part VII. Remedies: 22. Enforcing a contract; 23. Damages for breach of contract; 24. Restitutionary remedies; Glossary; Bibliography; Index.

Contract law

September 2019 247 x 174 mm 552pp 978-1-107-68748-6 Paperback £74.99 / US$120.00

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Understanding the Law of Assignment C. H. Tham | Singapore Management University

Focusing on equitable assignment, and ‘statutory’ assignment pursuant to Law of Property Act 1925, section 136(1), this book shows that equitable assignment is a sui generis institution comprising a ‘bare trust’, and an unusual form of agency. This book will interest lawyers and researchers in this area of the law.

• Extensive application of Hohfeldian terminology and analysis shows how different ways of dealing with intangible assets affect the relationships between the parties dealing in those assets, as well as third parties interacting with those assets • Provides examples to illustrate how the law on equitable and statutory assignment operates and allows for clearer understanding of the detailed steps in the operation of the law • Offers extensive and detailed examination of the pre- and postSupreme Court of Judicature Act 1873 position and reveals how this law has developed Contract law

September 2019 228 x 152 mm c.498pp 3 tables 978-1-108-47528-0 Hardback £110.00 / US$140.00

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This book studies the rise of access and the effect of the sharing economy on property as a social and legal institution. It will benefit academics, students, policymakers and practitioners interested in the sharing economy, property, legal theory, and more broadly, Internet and society, market economy, and law and society.

• Provides a theory of the impact of the sharing economy on property law and a theoretical account of the changing landscape of property • Offers a normative legal account of the sharing economy impact on property law and provides recommendations for law reform, including platform accountability, regulation of the sharing economy and reforms to antidiscrimination laws • Discusses changing consumption patterns, and the preference of access over ownership in property law and analyses the social, communal and relational implications of the changing landscape of property, due to the rise of access Property law | Law in Context

October 2019 247 x 174 mm c.188pp 978-1-108-47527-3 Hardback £85.00 / US$110.00

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NEW IN PAPERBACK

The Legal Right to Housing in India Anindita Mukherjee | National Academy of Legal Studies and Research, Hyderabad, India

This book unpacks the ways in which existing law and policy impact the realisation of the right to housing in India. Within that context, it critically examines the benefits of seeking legal recognition for the right, in order to facilitate informed and nuanced engagement with the law.

• Provides the sole text to discuss the legal recognition of the right to housing in India • Includes a comprehensive chronological table on central interventions in relation to housing in India Law (general)

July 2019 228 x 152 mm c.250pp 978-1-108-72027-4 Paperback £34.99 / US$44.99

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

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

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

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

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Law Catalogue 2019/20

Why Punish Perpetrators of Mass Atrocities?

Aristotle and Law The Politics of Nomos George Duke | Deakin University, Victoria

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

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

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

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The Prophet of Modern Constitutional Liberalism

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

The book explores Mill’s life and influence on the liberal tradition and argues that his reformulation of liberalism has indelibly influenced our modern constitutional rights tradition in the twentieth century including the right to privacy, freedom of expression, equality and, most fundamentally, how we now conceptualize the meaning of liberty.

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

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Class Actions and Government Rachael Mulheron | Queen Mary University of London

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

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

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

This book is the first comprehensive volume on theories of international punishment and serves as a basis for further research and discussion. It will be of great interest to academics, practitioners and students of international criminal law and justice.

• Presents new thoughts on purposes and meaning of punishment in international criminal law from different perspectives • Focuses on the practical consequences of the different theoretical approaches and shows how theories of punishment affect or otherwise fail to influence the practice of the International Criminal Court • Explores dimensions of a theory of international punishment and highlights the differences between ‘ordinary’ (domestic) crime and international crimes and their respective enforcement, contributing to the development of a consistent and robust theory of international punishment Jurisprudence, legal theory | ASIL Studies in International Legal Theory

John Stuart Mill and the Supreme Court John Lawrence Hill | Indiana University

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

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

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The Justice of Visual Art Creative State-Building in Times of Political Transition Eliza Garnsey | University of Cambridge

Provides unique insight into debates in the field of human rights around how to address violent and traumatic pasts, reconcile divided nations, and strengthen state institutions in the aftermath of conflict. It will be of interest to policy-makers, practitioners, and scholars of transitional justice, international relations, and art theory.

• Provides the first substantive and comprehensive theoretical framework for understanding transitional justice and visual art, supported by extensive empirical social science research • Introduces highly original empirical social science research across two case studies, including 130 interviews with key decision makers (such as senior judges, government representatives, artists, lawyers, staff and visitors) and archival material never before analysed in depth • Demonstrates that transdisciplinary research across transitional justice, international relations, and art theory generates productive and insightful contributions for the study of human rights and social science more broadly Jurisprudence, legal theory | Law in Context

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

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

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Government Accountability Australian Administrative Law Second edition Judith Bannister

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

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

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

£110.00 / US$145.00

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Law Catalogue 2019/20

TEXTBOOK

Authoritarian Legality in Asia

Australian Constitutional Law

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

Concepts and Cases Luke Beck | Monash University, Victoria

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

• The book’s conceptual approach enables students to better understand constitutional law • Avoids ‘silo-ing’ content by ensuring that connections between topics are made explicit • Useful for ‘flipped classroom’ modes that spend more time in seminars than lectures, enabling greater focus on activities that require higher level application and analytical skills Contents: Part I. Introduction: 1. Introduction to Australian constitutional law; Part II. Legislative Powers: 2. State legislative powers; 3. Constitutional method: interpretation, characterisation and invalidity; 4. Trade and commerce power; 5. Corporations power; 6. External affairs power; 7. Immigration and aliens powers; 8. Constitutional alteration and the race power; Part III. Limitations on Powers: 9. Acquisition of property on just terms; 10. Freedom of religion; 11. Implied freedom of political communication; 12. Freedom of interstate trade, commerce and intercourse; Part IV. The Federal Parliament: 13. The Federal Parliament; 14. Choosing members of Federal Parliament; Part V. The Courts and Judicial Power: 15. Separation of judicial power; 16. The scope of federal judicial power; 17. Non-judicial detention; 18. Institutional integrity of courts; Part VI. The Federal Executive: 19. Federal executive power; 20. Power to spend money; Part VII. Federalism: 21. Inconsistency between federal and state laws; 22. Intergovernmental immunities; 23. Rights of out of state residents.

Constitutional and administrative law, public law

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

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

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

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

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

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

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

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

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TEXTBOOK

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

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

• Provides an overview of different legal theories and legal institutions in Hong Kong’s legal system including examples on case law, statutory interpretation and legal research that will enable students to obtain a solid foundational understanding of the legal system • Features an entire chapter on finding and citing legal materials to assist students with legal research in their independent learning • Provides illustrative examples to guide students through parts of a statute and a case, building a student’s confidence in reading legislation and cases Contents: Preface to the second edition; Table of cases; Table of legislation; 1. Introduction and overview; 2. Functions and concepts of law; 3. Governance in Hong Kong; 4. Sources of law; 5. The court system and the doctrine of precedent; 6. The process of legislation; 7. Statutory interpretation; 8. Criminal justice system; 9. Civil justice system; 10. Alternative methods of resolving disputes; 11. Access to justice; 12. Finding and citing legal materials; 13. Interface between Hong Kong and international and Chinese law; Glossary; Index.

Constitutional and administrative law, public law

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

www.cambridge.org/Law2019

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Law Catalogue 2019/20

The Failure of Popular Constitution Making in Turkey

The Cambridge Companion to the First Amendment and Religious Liberty

Regressing Towards Constitutional Autocracy Edited by Felix Petersen | Hebrew University of Jerusalem

Edited by Michael D. Breidenbach | Ave Maria University, Florida

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

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

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

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

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

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

The President and the Supreme Court

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

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

• Includes systemic-in-depth analyses of the application of proportionality in six jurisdictions, each based on a comprehensive sample of cases • Relies on a mixed methodological approach, providing comparable, quantitative measures that are contextualized and nuanced by qualitative insights • Analyses are contextualized by constitutional scholars from each of the relevant jurisdictions Constitutional and administrative law, public law | Cambridge Studies in Constitutional Law, 22

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

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

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

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

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

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

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

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Law Catalogue 2019/20

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

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

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

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

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

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Abortion and the Law in America

European Constitutional Courts and Transitions to Democracy Francesco Biagi | Università di Bologna

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

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

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

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From Parchment to Practice

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

With the Supreme Court likely to reverse Roe v.

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

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

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

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Implementing New Constitutions Edited by Tom Ginsburg | University of Chicago

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

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

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

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Islamophobia and the Law Cyra Akila Choudhury | Florida International University

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

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

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

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Law Catalogue 2019/20

Human Rights in a Time of Populism

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

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

• Provides multidisciplinary viewpoints on the need for a children’s rights-focused inquiry in the business and human rights debates • Relies on empirical findings from various disciplines to showcase why children’s rights merit attention in the business and human rights debates • Features in-depth real-life case illustrations on children’s rights and business to show how legal norms governing children’s rights and business are deployed, and evaluates the gaps in children’s rights protection in a way relevant both to academics and practitioners • Draws on insights from international relations and global governance literatures to allow critical engagement with how law is and can be made in the business and human rights domain Human rights

January 2020 228 x 152 mm c.420pp 978-1-108-48416-9 Hardback £95.00 / US$125.00

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Multi-Actor Human Rights Protection at the International Criminal Court

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

• Analyzes the urgent topic of populism from a human rights perspective to illuminate issues neglected in most literature on populism, and offers needed recommendations on how to respond • Speaks to a wide audience and offers interdisciplinary insights, including legal, philosophical, political science, international relations, and practitioner perspectives • An international range of experts examine populism in the US, Europe, Latin America, Asia, and the international system Human rights

April 2020 228 x 152 mm c.250pp 978-1-108-48549-4 Hardback £85.00 / US$110.00

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

Emma Irving | Universiteit Leiden

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

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

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

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

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

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

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

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

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

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

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

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

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Law Catalogue 2019/20

Chinese Refugee Law and Policy, 1949–2017

The Cambridge Handbook of New Human Rights

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

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

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

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

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

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Climate Change, Disasters, and the Refugee Convention

Leonard Francis Taylor | National University of Ireland, Galway

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

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

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

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

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

• Provides a novel overarching theoretical approach to the emergence of new human rights, while engaging with concrete human rights to inform the general theoretical framework • Critically reviews existing approaches to the phenomenon of rights emergence, expansion and inflation and provides profound insights into human rights emergence through the lenses of recognition, novelty and rhetoric • Covers and analyses the contestation around the emergence of new human rights and conveys a comprehensive picture of the complexities and multiple perspectives involved in the emergence of new human rights December 2019 253 x 177 mm c.720pp 2 b/w illus.

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

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

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

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

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

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Law Catalogue 2019/20

Concessionaires, Financiers and Communities

Ableism at Work Disablement and Hierarchies of Impairment Paul David Harpur | University of Queensland

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

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

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

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

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

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

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

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

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

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

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

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

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

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American Foreign Policy Ideology and the International Rule of Law Contesting Power through the International Criminal Court Malcolm Jorgensen | Humboldt-Universität zu Berlin

An accessible account of how American foreign policy ideologies structure competing meanings of the ‘international rule of law’. International Criminal Court history is reconsidered as contestation between ideological conceptions of international law, between American policymakers and global counterparts, and among American policymakers themselves.

• Addresses blind spots in international law scholarship through interdisciplinary research to explain contradictions in American engagement with international law • Provides comparative international law analysis focused on the legal conceptions of a named country and of the granular positive elements that constitute distinctive American conceptions of international law • Develops a working definition of the ‘international rule of law’ and directly compares identified ideological understandings of legal policymakers Public international law

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

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Law Catalogue 2019/20

Negotiating Civil War

The Many Lives of Transnational Law

The Politics of International Regime Design Henry Lovat | University of Glasgow

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

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

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

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

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

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

The Syrian War

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

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

This book addresses the main aspects of the conflict in Syria, focusing on the intersection between legal and political areas from a perspective of scholars and practitioners from the region and beyond. Intended primarily for scholars and practitioners, it will also appeal to anyone interested in understanding the Syrian War. • Provides an analysis of the conflict in Syria, focusing on the integration between legal and political studies • Includes chapters written by practitioners as well as academics to provide an interdisciplinary analysis of the conflict in Syria, bringing researchers from the Middle East and beyond together • Draws on the implications of the conflict on the future of Syria and its relations with other states and superpowers Public international law

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

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A History of Humanitarian Intervention

Cyber Operations and International Law François Delerue | Institut de Recherche stratégique de l’École militaire

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

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

• Provides a comprehensive and systematic analysis of the international law applicable to cyber operations and question of remedies • Highlights the limits of international law and demonstrates that international law does not constitute a panacea that solves all issues related to cyber operations • Provides a detailed analysis of cyber interventions and discusses new possibilities cyberspace offers states to intervene in both the internal and external affairs of another state Public international law | Cambridge Studies in International and Comparative Law, 146

Mark Swatek-Evenstein

History is underrepresented in international law, in particular in the narrative created for the legal instrument ‘humanitarian intervention’. This book examines the historical events and narratives created around them in international law in context to tell an undogmatic, alternative history of the fight for the protection of human rights.

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

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

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Public international law

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

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Law Catalogue 2019/20

AVAILABLE OPEN ACCESS

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

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

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

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When Should International Courts Intervene?

Shai Dothan | University of Copenhagen

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

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

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Systemic Earthquake and the Struggle for World Order

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

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

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

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

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

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

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

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Shareholders’ Claims for Reflective Loss in International Investment Law

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

Lukas Vanhonnaeker | McGill University, Montréal

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

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

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

Augusto Lopez-Claros | Global Governance Forum

Preferential Services Liberalization

International Judicial Review

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

Global Governance and the Emergence of Global Institutions for the 21st Century

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

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

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

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

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Law Catalogue 2019/20

International Arbitration

Government Intervention in the Reorganisation of Listed Companies in China

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

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

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

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

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Adjudicating Trade and Investment Disputes Convergence or Divergence?

Edited by Szilárd Gáspár-Szilágyi | Universitetet i Oslo

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

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

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

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Huimiao Zhao | Beijing University of Chemical Technology

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

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

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

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

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

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

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

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

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

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

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

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

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Law Catalogue 2019/20

Same-Sex Parenting and the Best Interests Principle

Core Concepts in Criminal Law and Criminal Justice

Lydia Bracken | University of Limerick

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

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

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

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

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Empire of Law

Criminal law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Law Catalogue 2019/20

TEXTBOOK

Military Necessity

International Humanitarian Law

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

Second edition Emily Crawford | University of Sydney

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

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

Humanitarian law, law of armed conflict

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

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

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

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

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

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

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

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

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

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

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

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

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Humanitarian law, law of armed conflict

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

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

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Law Catalogue 2019/20

Patent Cultures

The Biopolitics of Intellectual Property

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

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

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

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

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Mark Burdon | Queensland University of Technology

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

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

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

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

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

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

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

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Algorithms and Law

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

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

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

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

Digital Data Collection and Information Privacy Law

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

Intellectual property | Cambridge Intellectual Property and Information Law, 52

February 2020 228 x 152 mm c.390pp 11 b/w illus. 15 tables 978-1-108-47576-1 Hardback £95.00 / US$125.00 C

Intellectual property

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

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

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

• Identifies public-directed features of national patent regimes – such as those addressing environmental and public health issues – that are often ignored • Provides the first historical survey of global patents in over sixty years • Challenges the triumphalist historical narrative of international patent harmonization

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

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

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

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

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

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Law Catalogue 2019/20

Blockchain Democracy

Disability, Health, Law, and Bioethics

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Medical law, health law

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

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Law Catalogue 2019/20

Law and Identity in Israel

International Commercial Tax

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

Second edition Peter Harris | University of Cambridge

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

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

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

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

Socio-legal studies | Cambridge Studies in Law and Judaism

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

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Taxation | Cambridge Tax Law Series

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

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

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

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Contemporary Australian Tort Law

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

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

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

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

Socio-legal studies | Cambridge Studies in Law and Society

Tort law

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

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Tax and Culture

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

Maimonides and Contemporary Tort Theory

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

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

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

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

Joanna Kyriakakis | Monash University, Victoria

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

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

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

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

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

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NEW IN PAPERBACK

Pierson v. Post, The Hunt for the Fox Law and Professionalization in American Legal Culture Angela Fernandez | University of Toronto

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

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

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

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

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

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

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

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

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

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

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

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

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

AJIL

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

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

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

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

BOOK REVIEWS

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

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

Gauthier de Beco

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

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

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

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Constitutional Interpretation and Institutional Perspectives: A Deliberative Proposal

Giordana Campagna and Raffael N. Fasel

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

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William E. Conklin

Legal Time

Noam Gur

Ronald Dworkin and the Curious Case of the Floodgates Argument

Andrew Jordan

Exclusionary Reasons, Virtuous Motivation, and Legal Authority

Federico Picinali

Can the Reasonable Doubt Standard be Justified?

A Reconstructed Dialogue

David Tan

The Metaphysics of Statehood A Taxonomy of Legal Control

Caleb Yong

Justifying Resistance to Immigration Law: The Case of Mere Noncompliance

Vol. XXXI No.2 August 2018

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

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L AW J O U R N A L July 2018

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

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

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

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

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

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

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Jarrod Hepburn

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Foreword Yoshitaka WADA

International Journal of Law in Context

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VOLUME 5 | ISSUE 1 | MAY 2018

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

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The Office of the Crown JASON ALLEN

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

Judicious Review JO MURKENS

Presumption of Marriage REBECCA PROBERT

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

259 editorial Will Adam

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

THE CANADIAN YEARBOOK OF INTERNATIONAL LAW volume 54

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Ecclesiastical Law Journal

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

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

2016 comment tome 54

328 Preparing for the Next Coronation R M Morris

ANNUAIRE CANADIEN DE DROIT INTERNATIONAL

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

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

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

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

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

At the Intersection of Global Law, Science and Policy

147

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

158

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

172

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

205

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

220

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

237

VOLUME 67

OCTOBER 2018

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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.

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

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Ludvig Beckman – Democratic legitimacy does not require constitutional referendum.

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

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

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

Volume 19 2017

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

LEGAL CONSCIOUSNESS IN ASIA

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

Sean MCGINTY and David GREEN

in International Law

Volume 9 | Issue 2 | June 2018

r: What does the Future

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

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Dan Efrony and Yuval Shany Book Reviews

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the Shelf?

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

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1949 Geneva Conventions

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

VOLUME 8 ISSUE 2

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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.

The Canadian Journal of Law & Jurisprudence

he Benefit of the Many

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

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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

VOLUME 8 ISSUE 2 | JULY 2018

and Human Rights Treaty

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ughes

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

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

Balancing Soft and Hard Law for Business and Human Rights

Lord Mance Alan Boyle Marko Milanović and Tatjana Papić

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

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

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

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

Jan Kleinheisterkamp

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

Virginie Barral Barnali Choudhury

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

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

Trevor C Hartley

Conservation Introductions for Biodiversity Adaptation under Cli Phillipa C. McCormack

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

Uglješa Grušić Tomohiro Mikanagi

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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

LEGAL INFORMATION MANAGEMENT

Arnaldo Ponce and Norma Archila

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

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

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

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

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

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

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

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

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

Faye Donnelly

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

3

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

2018

Volume 57 Issue 5 October 2018

SEPTEMBER

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

Kristin Bergtora Sandvik, Katja Lindskov Jacobsen and Sean Martin McDonald

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VOLUME 33 American Society for Legal History

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Sarah Barringer Gordon University of Pennsylvania President

VOLUME 62 NUMBER 3 2018

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Rebecca J. Scott University of Michigan Past President

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Kunal Parker University of Miami

Publications Committee Craig Joyce University of Houston

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pp 337–507

JLR Catharine MacMillan King’s College, London

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

377

Between Consented and Un-Contested Occupation Kyo Arai

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

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

427

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

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

Gautham Rao American University

Craig Evan Klafter American University of Myanmar

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

David Tanenhaus UNLV

Kim Welch Vanderbilt University

Charles L. Zelden Nova Southeastern University

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

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

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

Volume 36, Number 3 · August 2018

Volume 51 Number 3 2018

Joanna Grisinger Northwestern University

Intisar Rabb Harvard University

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

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

Philip Girard York University

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

447

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

Migration M igg and displacement

nt women’s per-

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

Stéphanie Le Bihan

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Volume 46 Number 2 Summer 2018

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

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

747–771

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

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Authority, Legitimacy, and the Obligation to Obey the Law

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

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VOLUME 17 | NUMBER 4 | OCTOBER 2018

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

557

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

575

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

609

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

635

VOLUME 17 | NUMBER 4 | OCTOBER 2018

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

665

Case Summaries: WTO Disputes

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

MARIA ALCOVER

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

KHOLOFELO KUGLER

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

693

696

KHOLOFELO KUGLER

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Reviewers: World Trade Review 2018

707

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