Cambridge Studies in International and Comparative Law series 2017

www.cambridge.org/CSIL-series

Cambridge Studies in International and Comparative Law

@CUP_Law

CambridgeUniversityPressLaw

2

INTRODUCING THE GENERAL EDITORS

Introducing the General Editors Larissa van den Herik

Jean d’Aspremont

Grotius Centre for International Legal Studies, Leiden University

Manchester International Law Centre, University of Manchester

“It is with great enthusiasm that I take on the general editorship of one of Cambridge University Press’ flagship series in law. I feel honoured to lead this series into the twenty-first century with a view to promoting the most outstanding scholarship on international law as we previously did as joint editors-in-chief of the Leiden Journal of International Law. Building on the Cambridge Studies in International and Comparative Law series’ impressive heritage and committed to fostering its repute of excellence, it is my ambition to be open to new and fresh voices in terms of perspective and geography as well as to a great range of themes and approaches. Such an overture is essential, in my view, to preserve the Law series’ generalist character and its position of standard-setter in international legal thought and practice.”

“Books, like courtrooms, are where choices about what we call international law and what we do with it are debated, made, and unmade. Books are serious matters.

Taking the helm of the prestigious series is thus a huge responsibility. It is also a great honour given the unequalled credentials of the preceding General Editors.

The challenges ahead are gargantuan, especially in the light of some of the dramatic changes witnessed in the scholarly landscape. In order to keep some a-temporal relevance, scholarship must denote a certain degree of methodological, conceptual and political self-awareness.

This means that it must be possible to situate any claim made about what we call international law by any professional of the subject. In my view, it is only as long as the series nurtures such a culture of self-awareness that it can make the works it publishes today relevant to the thinkers and practitioners of tomorrow.”

About Cambridge Studies in International and Comparative and Law 3 Latest books in the series

Now available in Paperback 10

For information on how to publish your work in the Cambridge Studies in International and Comparative Law series, please contact: Tom Randall Commissioning Editor, Law E: trandall@cambridge.org

4

Prices correct as of August 2017

About Cambridge Studies in International and Comparative and Law Established in 1946, this series produces high quality, reflective and innovative scholarship in the field of public international law. It publishes works on international law that are of a theoretical, historical, cross-disciplinary or doctrinal nature.

The series also welcomes books providing insights from private international law, comparative law and transnational studies which inform international legal thought and practice more generally. The series seeks to publish views from diverse legal traditions and perspectives, and of any geographical origin. In this respect it invites studies offering regional perspectives on core issues of international law, and in the same vein, it appreciates contrasts and debates between diverging approaches.

Accordingly, books offering new or less orthodox perspectives are very much welcome. Works of a generalist character are greatly valued and the Series is also open to studies on specific areas, institutions or problems. Translations of the most outstanding works published in other languages are also considered. After 70 years, Cambridge Studies in International and Comparative Law remains the standardsetter for international legal scholarship and will continue to define the discipline as it evolves in the years to come.

Formats All titles in the series are available in print and eBook formats, and are available to buy individually or as part of a collection on Cambridge Core.

Prizes The quality of the research published in these volumes is highlighted by the prestigious awards won by books in the series, including: • The American Society of International Law Prize • The Paul Guggenheim Prize • The Ciardi Prize • The European Society of International Law Book Prize @CUP_Law

CambridgeUniversityPressLaw

4

RUNNING LATEST BOOKS HEADIN LEFT THE SERIES

International Law as a Belief System Jean d’Aspremont University of Manchester This book offers a new perspective on how legal arguments are constructed whilst revisiting theoretical discussions on the sources of international law and the structure of legal argumentation. It will appeal to those interested in the theory of international law and will inform further explorations of this field.

Justification and Excuse in International Law Federica Paddeu University of Cambridge

192 pages

The defences available to a state under the law of state responsibility can be considered either as justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations.

ISBN: 978-1-108-42187-4

August 2017

Hardback £85.00 / $110.00

400 pages

January 2018

ISBN: 978-1-107-10620-8 Hardback £79.99 / $125.00

LATESTRUNNING BOOKS INHEAD THE SERIES RIGHT

5

Legal Consequences of Peremptory Norms in International Law

Third-Party Countermeasures in International Law

Daniel Costelloe

Martin Dawidowicz

Wilmer Cutler Pickering Hale and Dorr LLP

Stockholms Universitet

When is a norm peremptory? This question has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests that only the legal consequences of a norm distinguish it as peremptory, and sheds new light on those consequences.

This systematic study of third-party countermeasures and its associated safeguards regime in international law offers a balanced analysis of the turbulent and idiosyncratic development of countermeasures in state practice and the work of the International Law Commission and the UN General Assembly Sixth Committee: Legal on state responsibility.

August 2017 300 pages ISBN: 978-1-107-14503-0 Hardback £85.00 / $110.00

June 2017 426 pages ISBN: 978-1-107-01479-4 Hardback £79.99 / $125.00

www.cambridge.org/CSIL-series

6

RUNNING LATEST BOOKS HEADIN LEFT THE SERIES

Provisional Measures before International Courts and Tribunals Cameron A. Miles Barrister, 3 Verulam Buildings, Gray’s Inn This study undertakes a comparative analysis of provisional measures before international courts and tribunals, examining the whole corpus of practice.

It identifies a uniform approach to the question of interim relief, and in the process provides an exhaustive and up-to-date analysis of this rapidly evolving area of international procedural law.

January 2017 592 pages ISBN: 978-1-107-12559-9 Hardback £95.00 / $125.00

Beyond Human Rights Anne Peters Max-Planck-Institut for Comparative Public Law and International Law Heidelberg This book is a historical and doctrinal study about the legal status of individuals in international law, previously published in German and now revised by the author in this English edition. The author arrives at the forceful and well balanced conclusion that there has been a qualitative change in international law, namely that there now is, as underlined by theory and practice, an ‘international individual right’.

October 2016 644 pages ISBN: 978-1-107-16430-7 Hardback £89.99 / $140.00

LATESTRUNNING BOOKS INHEAD THE SERIES RIGHT

7

Religious Hatred and International Law

Exclusion from Public Space

Jeroen Temperman

Daniel Moeckli

Erasmus Universiteit Rotterdam

Universität Zürich

International law imposes on states a duty to prohibit ‘advocacy of religious hatred that constitutes incitement to discrimination or violence’. What speech acts or publications fall under this offence? How do judges ascertain such ‘incitement’ has been committed? This book addresses these questions from the perspective of international and comparative law.

This book will be of interest to all those interested in constitutional law, public law, human rights law, criminal law, criminology, and comparative law. It will help readers to understand what implications banning people from parts of public space has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy.

October 2016 438 pages ISBN: 978-1-107-12417-2 Hardback £79.99 / $125.00

Read the author blog at cambridge.org/csil-series

July 2016 578 pages ISBN: 978-1-107-15465-0 Hardback £99.99 / $155.00

www.cambridge.org/CSIL-series

8

RUNNING LATEST BOOKS HEADIN LEFT THE SERIES

The Doctrine of Odious Debt in International Law Jeff King University College London Breaking with widespread scepticism, King comprehensively restates the doctrine of odious debt and uses contemporary international and domestic law to redefine the doctrine in a way suitable for judicial application. This groundbreaking book is essential reading for practising lawyers, scholars, and development and human rights workers.

May 2016 248 pages ISBN: 978-1-107-12801-9 Hardback £69.99 / $110.00

The Formation and Identification of Rules of Customary International Law in International Investment Law Patrick Dumberry University of Ottawa Rules of customary international law provide basic legal protections to foreign investors. This book analyses how they are created and how they can be identified. Offering guidance to actors called upon to apply such rules in concrete cases, this work is of significant importance to those involved in investment arbitration.

March 2016 534 pages ISBN: 978-1-107-13852-0 Hardback £74.99 / $120.00

LATESTRUNNING BOOKS INHEAD THE SERIES RIGHT

The New Entrants Problem in International Fisheries Law Andrew Serdy University of Southampton Is international fisheries law inevitably moving towards a property-rights regime? Despite RFMOs already perceptibly adopting this approach, they are ambivalent about it and its consequences remain underanalysed. In this book, Andrew Serdy explores the implications revealed by the practice of fishing States and RFMOs and suggests ways forward.

9

For the latest information on these forthcoming titles, including how to order in print or eBook formats visit:

www.cambridge.org/CSIL-series

March 2016 516 pages ISBN: 978-1-107-00156-5 Hardback £80.00 / $135.00

www.cambridge.org/CSIL-series

10

RUNNING NOW AVAILABLE HEAD LEFT IN PAPERBACK

Humanity at Sea Itamar Mann University of Haifa Faculty of Law, Israel The book addresses a generalist audience interested in understanding the global migration crisis. It presents a first attempt to crystallize the lessons this crisis can teach us about the nature of international law, and contributes to academic literatures in law, political theory, and history.

Read the EJIL: Talk! symposium at cambridge.org/csil-series

September 2016 263 pages ISBN: 978-1-316-60265-2 Paperback £22.99 / $34.99

Sugar and the Making of International Trade Law Michael Fakhri University of Oregon Why have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties.

May 2017 277 pages ISBN: 978-1-316-63347-2 Paperback £22.99 / $34.99

NOW AVAILABLE RUNNING INHEAD PAPERBACK RIGHT

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

March 2017 462 pages ISBN: 978-1-107-67985-6 Paperback £22.99 / $34.99

11

Strategically Created Treaty Conflicts and the Politics of International Law Surabhi Ranganathan University of Cambridge Treaty conflicts are often deliberately created to challenge or change legal regimes. What does this say about the role of law in international affairs? This book examines modern legal thought and practice, with detailed studies of conflict dynamics in nuclear governance, international criminal justice and the law of the sea.

Read the author blog at cambridge.org/csil-series

November 2016 484 pages ISBN: 978-1-107-61849-7 Paperback £24.99 / $39.99 www.cambridge.org/CSIL-series

12

RUNNING NOW AVAILABLE HEAD LEFT IN PAPERBACK

ESIL 2016

AWARD WINNER

Mestizo International Law Arnulf Becker Lorca Brown University, Rhode Island How did European international law become a legal regime with a global scope? Arnulf Becker Lorca argues that the appropriation of international legal thinking by peripheral lawyers explains the nineteenth-century globalization of international law and the early twentieth-century development of basic doctrines such as self-determination.

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law Evelyne Schmid Universität Basel, Switzerland

September 2016

Since 2006, scholars and practitioners have debated whether transitional justice and international criminal law could and/or should engage with economic, social and cultural abuses. Evelyne Schmid’s systematic examination of the question will appeal to those working in international criminal law, human rights law, international humanitarian law and post-conflict justice reform.

420 pages

Read the author case study at cambridge.org/csil-series

Read the author blog at cambridge.org/csil-series

ISBN: 978-1-316-61850-9 Paperback £27.99 / $41.99

July 2016 396 pages ISBN: 978-1-107-69655-6 Paperback £27.99 / $39.99

NOW AVAILABLE RUNNING INHEAD PAPERBACK RIGHT

13

Evolution of International Environmental Regimes

Forum Shopping in International Adjudication

Simone Schiele

Luiz Eduardo Salles

United Nations Environment Programme

Barretto Ferreira e Brancher (BKBG), São Paulo

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

International adjudication is changing, and so is the international lawyer’s toolbox. This book discusses the recent multiplication of international tribunals and focuses on widely used procedural objections (namely preliminary objections) as a means to tackle the emerging phenomenon of forum shopping in public international law.

June 2016

370 pages

312 pages ISBN: 978-1-316-60349-9 Paperback £22.99 / $34.99

June 2016 ISBN: 978-1-316-60348-2 Paperback £37.00 / $65.00

www.cambridge.org/CSIL-series

14

RUNNING NOW AVAILABLE HEAD LEFT IN PAPERBACK

Religious Offence and Human Rights Lorenz Langer Universität Zürich Projecting religious offence on a global scale has become tantalisingly easy.

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

Should international law prohibit blasphemy?

March 2016 490 pages ISBN: 978-1-107-61220-4 Paperback £24.99 / $39.99

Substantive Protection under Investment Treaties Jonathan Bonnitcha Australian National University, Canberra Investment treaties confer generous rights on foreign investors. Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of such protections, and asks whether investment treaties should provide a higher or lower level of protection than they currently do.

March 2016 434 pages ISBN: 978-1-107-61595-3 Paperback £27.99 / $41.99

SIGN UP TO

Cambridge Alerts for regular updates and to receive 20% off your next online purchase

www.cambridge.org/alerts

For information about our privacy and data protection policy, please visit: http://uk.cambridge.org/privacy

How to order www.cambridge.org/CSIL-series directcustserve@cambridge.org +44 (0)1223 326050

@CUP_Law

CambridgeUniversityPressLaw