Cambridge Studies in International and Comparative Law

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Cambridge Studies in International and Comparative Law @CUP_Law

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Introducing the new Cambridge Studies in International and Comparative Law General Editors.

We are thrilled to announce that Professor Jean d’Aspremont (University of Manchester) and Professor Larissa van den Herik (Leiden University) have agreed to take on the prestigious role of General Editors for the Cambridge Studies in International and Comparative Law series.

“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

Professor Jean d’Aspremont, Manchester International Law Centre, University of Manchester

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.”

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“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 twentyfirst century with a view to promoting the most outstanding scholarship on international law as we previously did as joint editors-inchief of the Leiden Journal of International Law. Building on the Cambridge Studies in International and Comparative Law Professor Larissa van den Herik, Grotius Centre for International series’ impressive heritage and committed Legal Studies, Leiden University 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.”

Cambridge University Press would like to take this opportunity to thank our outgoing General Editors, James Crawford SC FBA, (University of Cambridge) and John S. Bell FBA, (University of Cambridge) for their work overseeing the series up until this point.

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About the series Established in 1946, this series produces high quality, reflective and innovative scholarship in the field of public international law. It publishes works 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 standard-setter for international legal scholarship and will continue to define the discipline as it evolves in the years to come.

For information on how you can publish your work in this series, please contact: Elizabeth Spicer Commissioning Editor, Law E: espicer@cambridge.org T: +44 (0) 1223 347 965

Formats

All titles in the series are available in print and eBook formats. eBooks are available to buy individually and as part of our institutional collection.

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 ESIL Book Prize

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Static and Evolutive Treaty Interpretation

Civil Liability in Europe for Terrorism-Related Risk

FORTHCOMING BOOKS IN THE SERIES

A Functional Reconstruction

Christian Djeffal Humboldt-Universität zu, Berlin

Lucas Bergkamp, Hunton and Williams LLP, Brussels Michael Faure, Universiteit Maastricht, Netherlands Monika Hinteregger, Karl-Franzens-Universität Graz, Austria Niels Philipsen, Universiteit Maastricht, Netherlands

How should international treaties be interpreted over time? This is the first book to address what evolutive interpretation looks like in reality.

It addresses how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static.

November 2015 400pp ISBN: 978-1-107-11831-7

HB £79.99 / $126.00

This book examines liability laws as they relate to terrorism-related damage. For instance, to what extent are facility operators, governments and security firms in Europe exposed to liability for terrorism-related damage?

Furthermore, this book analyzes the policy question of whether legislative measures are necessary.

October 2015 384pp ISBN: 978-1-107-10044-2

HB £79.99 / $125.00

Forthcoming books in the series For the latest information on forthcoming titles, including how to order in print or eBook formats visit: www.cambridge.org/CSIL @CUP_Law

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Proportionality and Deference in Investor-State Arbitration

Religious Hatred and International Law

Balancing Investment Protection and Regulatory Autonomy

The Prohibition of Incitement to Violence or Discrimination

Caroline Henckels University of New South Wales, Sydney

Jeroen Temperman Erasmus Universiteit Rotterdam

Investment treaty arbitration urgently

International law imposes on states a

requires a certain and consistent way

duty to prohibit ‘advocacy of religious

of deciding regulatory disputes that

hatred that constitutes incitement to

pays due respect to the competing

discrimination or violence’. What speech

imperatives of investment protection

acts or publications fall under this

and regulatory autonomy. Caroline

offence? How do judges ascertain such

Henckels argues that in such cases

‘incitement’ has been committed? This

investment tribunals should employ

book addresses these questions from

proportionality analysis in combination with an institutionally sensitive standard of review.

September 2015 200pp

the perspective of international and comparative law.

LATEST PUBLICATIONS

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November 2015 438pp

ISBN: 978-1-107-08790-3

ISBN: 978-1-107-12417-2

HB £69.99 / $110.00

HB £79.99 / $125.00

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LATEST PUBLICATIONS

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Proof of Causation in Tort Law

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

Sandy Steel University of Oxford, England

Daniëlla Dam-de Jong Leiden University, the Netherlands

Sandy Steel explores how the rules of

Natural resource wealth is conducive

causation and exceptional departures

to a country’s development, but such

from those rules are manifested in the

resources can also finance and fuel

tort laws of England, Germany and

armed conflicts. This book assesses the

France. Critically engaged with both

role of international law in preventing

the theoretical literature and current

natural resources from fuelling

legal doctrine, this book will be of

armed conflict and in improving their

interest to private law scholars, judges

governance for the purposes of conflict

and legal practitioners.

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August 2015

resolution and prevention.

July 2015

416pp

514pp

ISBN: 978-1-107-04910-9

ISBN: 978-1-107-09383-6

HB £79.99 / $125.00

HB £89.99 / $142.00

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Regulatory Pathways to Cleaner Energy

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Jacqueline Peel University of Melbourne

Evelyne Schmid Universität Basel, Switzerland

Hari M. Osofsky University of Minnesota

Since 2006, scholars and practitioners have debated whether transitional justice and international criminal law could

What is the role of litigation in

and/or should engage with economic,

addressing the problem of climate

social and cultural abuses. Evelyne

change? This book focuses on the

Schmid’s systematic examination of the

real-world impact of extensive climate-

question will appeal to those working in

related lawsuits on regulation, corporate

international criminal law, human rights

behaviour and social norms, and

law, international humanitarian law and

explains how these lawsuits have shaped approaches to mitigation, adaptation and regulation.

April 2015 376pp ISBN: 978-1-107-03606-2

HB £65.00 / $99.00

post-conflict justice reform.

April 2015

“A meticulous study that provides sound guidance to legal scholars and practitioners who have to consider when and how leaders incur personal responsibility under international criminal law for deliberately trampling on the economic and social rights of their people.”

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LATEST PUBLICATIONS

Climate Change Litigation

396pp ISBN: 978-1-107-06396-9

HB £75.00 / $120.00

Jan Arno Hessbruegge, former Legal Advisor to the United Nations Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea

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LATEST PUBLICATIONS

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Strategically Created Treaty Conflicts and the Politics of International Law

Mestizo International Law

Surabhi Ranganathan University of Warwick, England

Arnulf Becker Lorca Brown University, Rhode Island

Treaty conflicts are often deliberately

How did European international law

created to challenge or change legal

become a legal regime with a global

regimes. What does this say about the

scope? Arnulf Becker Lorca argues that

role of law in international affairs?

the appropriation of international

This book examines modern legal

legal thinking by peripheral lawyers

thought and practice, with detailed

explains the nineteenth-century

studies of conflict dynamics in nuclear

globalization of international law

governance, international criminal

and the early twentieth-century

justice and the law of the sea.

December 2014 484pp

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A Global Intellectual History 1842–1933

development of basic doctrines such as self-determination.

January 2015 420pp

ISBN: 978-1-107-04330-5

ISBN: 978-0-521-76338-7

HB £75.00 / $115.00

HB £80.00 / $130.00

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Sugar and the Making of International Trade Law

The New Entrants Problem in International Fisheries Law

Michael Fakhri University of Oregon

Andrew Serdy University of Southampton, England

Why have international institutions

Is international fisheries law inevitably

been central to modern trade law for

moving towards a property-rights

the past century? Written with scholars

regime? Despite RFMOs already

of international law and international

perceptibly adopting this approach,

institutions in mind, Michael Fakhri

they are ambivalent about it and its

answers this question through an

consequences remain underanalysed. In

historical examination of three mostly

this book, Andrew Serdy explores the

forgotten sugar treaties.

implications revealed by the practice of November 2014 278pp

fishing States and RFMOs and suggests ways forward.

LATEST PUBLICATIONS

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September 2015 446pp

ISBN: 978-1-107-04052-6

ISBN: 978-1-107-00156-5

HB £65.00 / $99.00

HB £80.00 / $135.00

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LATEST PUBLICATIONS

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Investment Treaty Arbitration as Public International Law

Substantive Protection under Investment Treaties

Procedural Aspects and Implications

A Legal and Economic Analysis

Eric De Brabandere Universiteit Leiden

Jonathan Bonnitcha Australian National University, Canberra

This book presents an account of

Investment treaties confer generous

investment treaty arbitration as a

rights on foreign investors. Substantive

part of public international law and

Protection under Investment Treaties

examines the procedural implications

provides the first systematic analysis of

of conceiving of this method of

the consequences of such protections,

dispute settlement in such a way,

and asks whether investment treaties

with regards to issues such as the

should provide a higher or lower level

principles of confidentiality and

of protection than they currently do.

privacy, and remedies.

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September 2014

August 2014

264pp

432pp

ISBN: 978-1-107-06687-8

ISBN: 978-1-107-04241-4

HB £65.00 / $99.00

HB £75.00 / $120.00

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Judges, Law and War

The Role of International Law

The Judicial Development of International Humanitarian Law

Matthew Saul University of Oslo, Norway

Shane Darcy National University of Ireland, Galway

How can a population influence

Judicial bodies, in particular

decision-making on post-conflict

international tribunals, have made

reconstruction? Written with scholars,

a profound contribution to the

practitioners, and students of

development of international

international law and politics in mind,

humanitarian law. Shane Darcy

Popular Governance of Post-Conflict

provides an engaging and thoughtful

Reconstruction combines detailed

analysis of the judicial role in

accounts of extant international law

clarifying and elaborating the law of

with case studies of the practice in Sierra Leone and Afghanistan.

July 2014

armed conflict.

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LATEST PUBLICATIONS

Popular Governance of Post-Conflict Reconstruction

August 2014

270pp

396pp

ISBN: 978-1-107-05531-5

ISBN: 978-1-107-06069-2

HB £65.00 / $99.00

HB £70.00 / $110.00

www.cambridge.org/CSIL

LATEST PUBLICATIONS

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Evolution of International Environmental Regimes

Religious Offence and Human Rights

The Case of Climate Change

The Implications of Defamation of Religions

Simone Schiele United Nations Environment Programme

Lorenz Langer University of Zurich, Switzerland

Drawing specifically on the

Projecting religious offence on a

international climate regime, Simone

global scale has become tantalisingly

Schiele examines international

easy. While Salman Rushdie had

environmental regimes from a legal

to write a voluminous novel to

perspective. In particular, she develops

prompt worldwide outrage, his lesser

a theoretical framework based on

epigones can content themselves

general international law which allows

with caricatures or video-clips on the

for a thorough examination of the

internet. But should global outrage

understanding of international law and the options for law-creation in international environmental regimes.

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June 2014 312pp

also entail global sanctions? Should international law prohibit blasphemy?

July 2014 462pp

ISBN: 978-1-107-04415-9

ISBN: 978-1-107-03957-5

HB £65.00 / $99.00

HB £75.00 / $115.00

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Domestic Politics and International Human Rights Tribunals

The Role of Preliminary Objections

The Problem of Compliance

Luiz Eduardo Salles Barretto Ferreira e Brancher (BKBG), São Paulo

Courtney Hillebrecht University of Nebraska, Lincoln This book brings together theories

International adjudication is changing,

of compliance from international

and so is the international lawyer’s

law, human rights, and international

toolbox. This book discusses the recent

relations to explain the increasingly

multiplication of international tribunals

important phenomenon of states’

and focuses on widely used procedural

compliance with human rights

objections (namely preliminary

tribunals’ rulings. It explores these

objections) as a means to tackle the

issues through a combination of

emerging phenomenon of forum shopping in public international law.

May 2014 370pp ISBN: 978-1-107-03596-6

HB £75.00 / $120.00

quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia, and the United Kingdom.

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LATEST PUBLICATIONS

Forum Shopping in International Adjudication

May 2014 208pp ISBN: 978-1-107-04022-9

HB £55.00 / $90.00

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Titles now available in Paperback

NOW AVAILABLE IN PAPERBACK

The following titles in the series are now available in paperback, as well as hardback and eBook formats.

State Responsibility

International Law and the Arctic

The General Part James Crawford University of Cambridge, England

Michael Byers University of British Columbia, Vancouver

James Crawford’s critical, in-depth

Climate change and rising oil prices

review of the responsibility of states

have thrust the Arctic to the top

for acts contrary to international

of the foreign policy agenda and

law also examines issues of

raised difficult issues of sovereignty,

dispute settlement in relation to

security and environmental protection.

responsibility and the connections between institutions, rules and

September 2014

practice. It fully reflects the ILC’s work

912pp

(led in its final stages by Crawford) and subsequent developments.

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International Law and the Arctic explains these developments in a

ISBN: 978-1-107-47778-0

manner that is accessible to lawyers

PB £34.99 / $59.99

and non-lawyers alike.

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July 2014 342pp ISBN: 978-1-107-47090-3

PB £23.99 / $35.99

Earlier Titles in the series:

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EARLIER TITLES IN THE SERIES:

The following pages provide information on volumes published in 2013. To browse the entire collection, please go to Cambridge.org/CSIL. eBooks for most of these titles are also available and can be purchased individually or via Cambridge Books Online (CBO).

Cooperation in the Law of Transboundary Water Resources Christina Leb University of Geneva, Switzerland

978-1-316-50059-0 £24.99 / $39.99 PB 978-1-107-03597-3 £70.00 / $120.00 HB

The Origins of International Investment Law Empire, Environment and the Safeguarding of Capital

Kate Miles University of Cambridge, England

Underwater Cultural Heritage and International Law

By Sarah Dromgoole University of Nottingham, England

978-1-107-48012-4 £27.99 / $41.99 PB 978-0-521-84231-0 £75.00 / $120.00 HB

978-1-107-53819-1 £29.99 / $44.99 PB 978-1-107-03939-1 £75.00 / $120.00 HB

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Earlier Titles in the series:

The Crime of Aggression under the Rome Statute of the International Criminal Court Carrie McDougall Department of Foreign Affairs and Trade, Australia

978-1-107-52184-1 £27.99 / $41.99 PB

‘Crimes against Peace’ and International Law Kirsten Sellars National University of Singapore

Unruly Law

978-1-107-54253-2 £23.99 / $35.99 PB

Fleur Johns University of New South Wales, Sydney

978-1-107-02884-5 £69.99 / $114.99 HB

978-1-107-52183-4 £22.99 / $34.99 PB

978-1-107-01109-0 £84.99 / $134.99 HB

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Non-Legality in International Law

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978-1-107-01401-5 £64.99 / $104.99 HB

Cambridge University Press CSIL eBook Collection The CSIL series is available on Cambridge Books Online View the full list at www.cambridge.org/CBOCSIL

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